This was a routine parliamentary session focused on government ministers providing updates rather than debating new laws. The Premier announced that $4.4 million has been provided to local businesses through various COVID-19 support programs, helping 255 businesses survive the pandemic. The Finance Minister explained Bermuda's participation in a new international tax agreement that could establish a global minimum corporate tax rate of 15%. Ministers also updated Parliament on ferry repairs, infrastructure stimulus projects, and human rights issues in Bermuda.
Government financial support for small and medium businesses during COVID-19 pandemicInternational tax changes through OECD agreement affecting Bermuda's tax systemFerry repairs and Marine & Ports services updatesGovernment stimulus programme for local contractors and infrastructure projectsHuman Rights Commission annual report on discrimination complaints
Bills & Motions
Employment (Probationary Period Exemption) Regulations 2021 - presented to Parliament
Public Health (COVID-19) Emergency Extension (No. 4) Order 2021 - presented for consideration
Human Rights Commission Annual Report 2020 - submitted to Parliament
Notable Moments
Premier Burt joked about wearing red and blue ties leading up to Cup Match while discussing business support
Technical audio difficulties interrupted the Works Minister's presentation on stimulus projects
Opposition members asked detailed questions about COVID-19 cases among vaccinated travelers and quarantine exemptions
Debate Transcript
667 speeches from 33 speakers
The SpeakerThe SpeakerGood morning, Members. Ms. Beale, would you represent us in prayer? PRAYERS [Prayers read by Ms. Kara Beale, Assistant Clerk ]
The SpeakerThe SpeakerThank you, Ms. Beale. Members, the House is now in session. CONFIRMATION OF MINUTES [Minutes of 2 July 2021]
The SpeakerThe SpeakerThe Minutes from the 2nd of July have been circulated. Are there any amendments, adjus tments required? There are none. The Minutes will be confirmed as printed. [Minutes of 2 July 2021 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER P RESIDING
The SpeakerThe SpeakerThere are none. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerWe have three [communications] this morning. The first is in the name of the Minister of S ocial Dev elopment and Seniors. Minister Furbert, would you like to present your matter at this time? Minister Furbert? [Pause]
The SpeakerThe SpeakerWe are going to move on. Minister Hayward, would you like to present your paper or communication at this time? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. EMPLOYMENT (PROBATIONARY PERIOD EXEMPTION) REGULATIONS 2021 Hon. Jason Hayward: Mr. Speaker, I have the honour to attach and submit for the information of the [Honourable] House of Assembly the Employment (Probationary Period Exemption) Regulations 2021. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next [communication] this morning is in the name of the Minister of Health. Minister of Health, would you like to present yours? PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 4 ) ORDER 2021 Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, I have …
Thank you, Minister. The next [communication] this morning is in the name of the Minister of Health. Minister of Health, would you like to present yours?
PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION (NO. 4 ) ORDER 2021
Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Public Health (COVI D-19) Emergency Extension (No. 4) Order 2021, proposed to be made by the Minister of Health and exercised in the power conferred by section 107A of the Public Health Act 1949.
The SpeakerThe SpeakerThank you, Minister. Minister Furbert, are you available? Hon. T inee Furbert: Yes. Apologies, Mr. Speaker, a bit of technical diff iculty. Can you hear me?
The SpeakerThe SpeakerWe can hear you. HUMAN RIGHTS COMMISSION ANNUAL REPORT 2020 Hon. Tinee Furbert: Mr. Speaker, I have the honour to attach and submit for the informat ion of this Hon1712 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly ourable House of Assembly the Human Rights Commission Annual …
The SpeakerThe SpeakerThank you. We move on. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have six Statements this morning. The first Statement is in the name of the Premier. Premier, would you like to present your Statement? Hon. E. David Burt: Certainly, Mr. Speaker, and good morning to you.
The SpeakerThe SpeakerGood morning. Hon. E. David Burt: Mr. Speaker, I am pleased to provide an update on financial support provided to Bermuda businesses through the Bermuda Economic Development —
The SpeakerThe SpeakerMr. Premier, Mr. Premier, one second. Your camera is on, but I think you need to adjust the item that is front of your camera. Hon. E. David Burt: Ah.
The SpeakerThe SpeakerThere you go. Hon. E. David Burt: My apologies, Mr. Speaker.
The SpeakerThe SpeakerNo problem at all. Hon. E. David Burt: Shall I begin again?
The SpeakerThe SpeakerWe want to make sure we see that redand-blue tie, see? Hon. E. David Burt: Oh, absolutely, Mr. Speaker. I have a different red- and-blue tie for every day leading up to Cup Match.
The SpeakerThe SpeakerThere you go. Hon. E. David Burt: And I will make sure they are all on display, especially for those persons who may be confused as to my affiliation due to some pho-toshopped pictures that are sneaking around the I nternet. [Laughter] The Speaker: Go right ahead now. UPDATE ON …
There you go.
Hon. E. David Burt: And I will make sure they are all on display, especially for those persons who may be confused as to my affiliation due to some pho-toshopped pictures that are sneaking around the I nternet.
[Laughter] The Speaker: Go right ahead now.
UPDATE ON SUPPORT PROVIDED TO LOCAL SMALL AND MEDIUM BUSINESSES SINCE THE GLOBAL PANDEM IC
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to provide an update on the financial support provided to Bermuda businesses through the Bermuda Economic Development Corporation [ BEDC ] since the declaration of the global pandemic . The BEDC is currently respons ible for providing financial support and technical advice to small and medium -sized businesses , for overseeing the Economic Empowerment Zones [EEZs ], for gro wing outside vendor markets , and for managing vendors and issuing ve nding licences . The organisation’s key objective remains to assist the Government in encouraging economic growth for Bermuda’s local small and medium -sized businesses . By no stretch of the imagination ha ve the last 16 months been easy for either Bermuda or the world. The pandemic has wrought havoc on all aspects of civil society, and Bermuda’s businesses have not been spared. However, Mr. Speaker, in order to a ddress the debilitating impacts of the global pandemic on Bermuda’s local small and medium -sized businesses, the BEDC had no choice but to pivot signif icantly to expand both its financial products and its advisory services so that local businesses had the best chance of successfully managing the new normal. With support from the Government of Berm uda, the BEDC responded quickly and decisively with customi sed products and services aimed at helping businesses navigate the challenges presented by the impa ct of the coronavirus. As of today, the BEDC has deployed a total of $4.4 million in funding to local small and medium -sized businesses since the onset of the global pandemic , and I will break down this f inancial support further . But before doing so, I thi nk that it is important to provide an overview of the efforts of the BEDC since March 2020 in assisting our I sland’s entrepreneurs and business owners. Mr. Speaker, on March 20, 2020, the BEDC announced that it would reallocate funds from its budget and also modify its existing products and services to be able to provide local business owners with support during the uncertain times with the onset of the pandemic. The raft of support mechanisms i mplemented is as follows: 1. BEDC reallocated $350,000 from its exis ting operations/programmes to its capital budget to increase its capitalisation to $2 million. This allowed for (a) an increase to $1 million [50 per cent of capitalisation] in direct lending funds to assist businesses ; and (b) an increase to $12 m illion [6 times capitalis ation] for issuing loan guarantees for [ bank ] financing.
Bermuda House of Assembly 2. BEDC reallocated $100 ,000 from its exis ting budget to provide access to businesses to external expertise [support ] in accounting, legal and marketing services ( which supplement ed BEDC’s support and expertise) to assist in right -sizing business es once COVID -19 passes. 3. BEDC facilitated the creation of an ideas pool where businesses could write in with recommen-dations and suggestions of how public authorities and departments could assist them. 4. BEDC amended its payment terms to pay all of its vendors on a weekly basis to ensure they were not waiting for payments to facilitate better cash flow. 5. BEDC acted as an intermediary connecting consumers/buyers with sellers as businesses had u nderused inventory. 6. BEDC facilitated businesses in forming partnerships, merging, sharing overhead with other businesses to reduce operating costs both during and once the COVID -19 pandemic passes. 7. BEDC increased its microloan offering from $20,000 up to a maximum of $30,000 per business with no security required. N ew microloan clients r eceived a decrease in interest rates by 1.5 per cent to 3.0 per cent and 3.5 per cent for EEZ and non- EEZ businesses, [respectively ]. The m icroloans were expanded to be used for both capital and working capital purposes. 8. All new and existing microloan clients had the option to structure/restructure their loans for a three to six months interest -only repayment periods based on need, then followed b y principal and interest [P&I] payments. 9. Existing microloan clients had the option to extend their loan repayment terms from prior 9 to 24 months to up to 42 months if needed, which reduced their monthly payment amounts once the principal and interest phase of their loans commenced. 10. BEDC increased its guarantee to 75 per cent (from 65 per cent) of a bank loan up to a max imum of $300,000 as a result of a new increased capitalisation [total] of $2 million . 11. BEDC allowed its guarantee to be applied for the first time against lending from other entities, such as could be seen in the partnership with the Bermuda Credit Union Co- op Society. 12. BEDC immediately reduced application fees by 50 per cent for all of its products. 13. BEDC also immediatel y reduced its loan guarantee fees by 50 per cent. 14. BEDC decided to absorb the cost for credit checks , thereby eliminating this fee to the client. 15. Entrepreneurs who operated seasonal businesses had the option to have recurring interest - only periods for the life of their microloans. 16. All new approved microloans had the o ption to delay the first repayment date by two months — to be on the last business day of the month two months after the month in which the first drawdown occurred. T his applies to the interest -only option also. 17. BEDC increased the maximum credit line it guarantees for its Letter of Credit product for retai lers from $10,000 to $12, 500. 18. BEDC significantly expanded its seminar and webinar programming, as businesses needed acce ss to business knowledge and best practice over the last 15 months to help right -size. 19. BEDC offered all of its seminars and webinars free of charge to all business owners and entrepreneurs who registered. 20. Registration fees for all of BEDC’s multiweek courses were reduced by 50 per cent. Mr. Speaker, I have taken the time to set out in careful detail the actions taken on behalf of small and medium -sized businesses and of the extensive work the BEDC has [done] and continues to do to support them. Additionally, the BEDC also worked with the Ministry of Finance and other g overnment departments to determine what other relief could be provided to support business owners through the pandemic. In April 2020 the BEDC further expanded the assistance it was able to provide to Bermuda’s local small and medium -sized businesses. Now the Corporation has been able to do the following: a. complete a jurisdictional review of other countries’ support to SMEs to help inform Berm uda’s support ; b. complete a survey of local business needs ; c. actively hold and participate in weekly web inars to assist local businesses and to connect them with each other ; d. act as an intermediary between business es and government departments for assistance and clarification when needed; e. continue i ts Mind Your Business radio show on Ocean 89 to engage and to inform local businesses ; f. restructure its loan guarantees for the bus inesses who had bank financing, as needed ; g. restructure the current BEDC direct micr oloans portfolio based on [the clients’] needs; h. respond to thousands of requests in emails, phone calls and social media platform questions for advice and direction; i. engage in numerous meetings and negoti ations with the three banks to firm -up the new guaranteeing of overdrafts and progressing our s hared concept of providing pre- approved lump sums of guarantees to the financial inst itutions in order to cut the processing times on business financing requests ; j. compile and distribute to local businesses a list of all of the government departments who offered COVID -19 relief and assistance; 1714 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly k. compile and distribute to local businesses a list of all of the banks’ COVID -19 reliefs and assistance ; l. work with private sector entities such as the Bermuda Credit Union Co -op Society to d evelop additional financial p roducts to support local small and medium -sized businesses to amplify what the BEDC, the Government and the banks were providing. Mr. Speaker, through the Finance Ministry ’s additional $12 million grant pro vided in 2020, the BEDC’s efforts to assist loca l small and medium -sized enterprises with funding shortfall needs increased dramatically. We were determined to be understan ding and responsive as a Government , and the add itional grant support went a long way to assist local businesses to survive over the se last 16 months. The additional $12 million supplemented by the BEDC’s $1 million in direct lending and $12 million in loan and overdraft guarantees , allow ed the corporation to develop new and expanded financial products including the creation of the COV ID-19 Business Sustainability and Continuity Funding Programme. The relief funding programme consists of a portfolio of [the following] financing products for bus inesses to take advantage of: 1. BEDC COVID -19 loan/grant product ; 2. BEDC microloan product ; 3. BEDC debt consolidation microloan product ; 4. BEDC loan guarantee product ; 5. BEDC overdraft guarantee product ; and the 6. BEDC COVID -19 emergency grant product . Over the last 16 months, the BEDC has approved 255 applications, significantly outpacing approvals in a norm al year, for a total of $4.36 million to assist our local small and medium -sized business through a v ariety of financing options. The breakdown of the funding approved to date is as follows: • 50 general and debt consolidation microl oans approved total ling $1.1 million in loan funds disbursed; • 117 COVID -19 combined loans and grants approved tota lling $2.4 million in funds di sbursed, and $1.1 million of this is the grant portion of this product with the remaining $1.4 million being the loan portion; • 5 loan guarantees have been approved, the majority with the Bermuda Credit Union Co- op Society total ling $289,000 in guarantee d funds; • 4 overdraft guarantees have been approved through the banks total ling $152 ,000 in gua ranteed funds; and finally, Mr. Speaker , • 79 COVID -19 emergency grants have been approved total ling $420,000 in grant funds disbursed. Mr. Speaker, the Island’s economic activity is expanding as a direct result of our effective manage-ment of the coronavirus. Local businesses will still require financial assistance, and the need has expanded from just surviving with funding for immediate overhead and working capital needs as seen in the early days of the pandemic, to funding for pivoting, innovation, sustainability and growth needs. As such, businesses will have access to the funds from the COVID -19 Business Sustainability and Continuity Funding Programme, and it is anticipated that at least a further $3 [million] to $4 million in financial support will be deployed by the end of this fiscal year. Mr. Speaker, let me close by expressing my thanks to the entire team of the BEDC. The women and men working there have stayed true to their mi ssion of doing all they can to assist small and medium - sized businesses. I must also recogni se the able leadership of Ms. Erica Smith , who tirelessly champions the core values of the organi sation. The BEDC team should be commended for their efforts . But ult imately , the priority has been to save as many local businesses over this challenging 16 months as poss ible. Although much progress has been made to assist businesses, further support will be needed. Accordin gly, I am pleased to advise this Honourable House and the public that the BEDC will continue to provide COVID -19 funding support until March 31, 2022. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement this morning, Members, is from the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. OECD INCLUSIVE FRAMEWORK Hon. Curti s L. Dickinson: Mr. Speaker, I rise to update this Honourable House on the work of the Organisation of Economic Co- operation and Development (OECD) [Committee] known as the Inclusive Fram ework on Base Erosion and Profit Shifting [the Inclusive Framework ]. Mr. …
Good morning.
OECD INCLUSIVE FRAMEWORK
Hon. Curti s L. Dickinson: Mr. Speaker, I rise to update this Honourable House on the work of the Organisation of Economic Co- operation and Development (OECD) [Committee] known as the Inclusive Fram ework on Base Erosion and Profit Shifting [the Inclusive Framework ]. Mr. Speaker, the G20 commissioned the OECD to address Base Erosion and Profit Shifting (or BEPS) that had, in the view of the G20, increased because of t he increased digitalisation of the global economy. In their opinion, this made it harder for the tax administrations of countries to collect corporate income tax within their proper jurisdictions. Mr. Speaker, in March 2018 the Inclusive Framework, workin g through its Task Force on the Digital Economy [TFDE ], issued its Tax Challenges Arising from Digitalisation —Interim Report 2018 [ the Interim Report OECD, 2018 (2)], which recognised the need for a global solution. Work continued on this in iBermuda House of Assembly tiative, and i n January 2019 members of the Inclusive Framework agreed to examine proposals in two pillars which could form the basis for a consensus solution to the tax challenges arising from digitalisation. Mr. Speaker, P illar One is focused on nexus and appropriat e profit allocation, while the core aspect of Pillar Two relates to a global minimum corporate income tax intended to address remaining BEPS i ssues. Mr. Speaker, Bermuda has been an active Inclusive Framework member, working toward an appropriate outcome which includes the essential el ements in Pillar Two as initially outlined in the Inclusive Framework’s thinking. This includes the notion that all jurisdictions should have the right to create tax sy stems which are appropriate for their economies, whether or not such tax system includes or does not include a corporate income tax. Mr. Speaker, G7 leaders met in early June 2021 in the UK prior to the scheduled July 1 Inclusive Framework meeting. They agreed to a high- level Pillar Two framework, which included the establishment of a global minimum tax of at least 15 per cent to be a pplied on a country -by-country basis. The G7 urged the OECD and the steering group of the Inclusive Fram ework to endorse the G7 agreement and promote it to the members of the Inclu sive Framework. Mr. Speaker, on July 1, 2021, the Inclusive Framework met , and 130 of its 139 members suppor ted the high- level Pillar Two framework agreed to by the G7 and set a timeline of October 2021 to create and finalise the technical details. Two of the outstan ding nine members indicated their support in the days following the meeting. Therefore, 132 members currently support the July 1, 2021 , Inclusive Framework Statement. Mr. Speaker, at the July 10, 2021, G20 Finance Ministers ’ meeting, all G20 m inisters e ndorsed the July 1 Statement of the Inclusive Fram ework. This agreement now establishes the basis for [concluding] the outstanding technical discussions. Mr. Speaker, with respect to Pillar One, initial estimates conclude that approximately 80 m ultinatio nal enterprises worldwide would qualify as in -scope of Pillar One for purposes of being subject to partial profit re-allocation under the terms of the agreement described in the Inclusive Framework public statement . The Pillar One agreements allow for an exclusion to apply to regulated financial services companies and certain natural resources companies. The details of these exclusions will be determined in the upcoming technical phase of the negotiations . Mr. Speaker, it is on this technical phase, which will run from July to October, that all countries including Bermuda are now focused. Pillar T wo will be central to our considerations. As we have in the past, the Ministry of Finance will continue to work closely with our industry stakeholders and other strategic partners to advocate for technical details that are in Bermuda’s interests and seek to enhance Bermuda’s competitive position. Mr. Speaker, I believe that it is important to reiterate certain key points of my press statement of July 2, 2021, the day following the publication of the Inclusive Framework Statement. These remarks rei nforce Bermuda’s position as a quality international financial centre that appropriately plays it s part on the global stage, and I quote : “As a country committed to transparency, cooperation and high levels of compl iance with international standards, the Government of Bermuda joined the Statement on a new framework for international taxation, arising from the OECD (‘Inclusive Framework’) meeting of July 1, 2021, and looks forward to supporting its ongoing technical discussions ahead of the meeting of G20 Finance Ministers meeting in October 2021. Bermuda has been actively involved in ongoing discussions relating to this initiative to present positions that reflect the national interest and that of our various stakeholders. As part of that approach, we recognised the need to join with other members of the Inclusive Framework to reach this position supported by a significant majority of the membership. “We fully inte nd to remain an active participant in the ongoing work of the Inclusive Framework to complete the development of an appropriate plan. We have noted areas of concern at a technical and pract ical level, which we look forward to working to resolve constructiv ely in the months ahead.” Mr. Speaker, we will press on to do the work that is required for continued success. You will recall that earlier this year the Government tabled legislation to embody the next Tax Reform Commission. This was approved by the Legi slature. Mr. Speaker, in due course I will appoint persons to serve on the Tax R eform Commission, whose work will include various domestic issues and, as appropriate, consideration and analysis of the finally agreed full package of the two BEPS Pillars. I therefore anticipate the Tax R eform Commission may not engage in the full scope of its work until after October 2021 when the technical aspects of the two BEPS Pillars are completed by the Inclusive Framework and endorsed by the G20 meetings. Mr. Speaker , it is important to highlight that the work of the Commission and subsequent decisionmaking will reflect the culture of collaboration, innov ation and communication which has contributed to the success of this jurisdiction. In conjunction with industry an d other key strategic partners, Bermuda will continue to look for opportunities and employ strategies that are beneficial to individuals and businesses and allow our Island home to effectively compete in this ever-changing marketplace. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. 1716 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly Members, the next Statement this morning is that in the name of the Minister of Transport. Minister, would you like to present your Statement at this time? Hon. W. Lawrence Scott: Only if you feel …
Thank you, Minister. 1716 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Members, the next Statement this morning is that in the name of the Minister of Transport. Minister, would you like to present your Statement at this time?
Hon. W. Lawrence Scott: Only if you feel as though I am appropriately dressed for the occasion, Mr. Speaker.
The SpeakerThe SpeakerWell, I see you at a distance, but I do recognise some red in that colour. So I assume that you are appropriately dressed with that blue beside it. So you can continue. Hon. W. Lawrence Sco tt: Thank you. As well as my colleague, Neville Tyrrell, is in red …
Well, I see you at a distance, but I do recognise some red in that colour. So I assume that you are appropriately dressed with that blue beside it. So you can continue.
Hon. W. Lawrence Sco tt: Thank you. As well as my colleague, Neville Tyrrell, is in red and blue as well. I just wanted to put that on record.
The SpeakerThe SpeakerYou are in good company then. MARINE AND PORTS SERVICES FERRY RETROFIT PROGRAMME Hon. W. Lawrence Scott: Mr. Speaker, on the 27 th of June 2021, the fast ferry Resolute returned to Berm uda after an extensive nine- month retrofit project at Gladding -Hearn shipyard in Boston, the original buil …
You are in good company then.
MARINE AND PORTS SERVICES FERRY RETROFIT PROGRAMME Hon. W. Lawrence Scott: Mr. Speaker, on the 27 th of June 2021, the fast ferry Resolute returned to Berm uda after an extensive nine- month retrofit project at Gladding -Hearn shipyard in Boston, the original buil ders, at the cost of $2 million. This refit will extend the vessel ’s lifespan by som e 12 years. Gladding -Hearn Shipbuilding is located in Massachusetts. It is the closest shipyard to Bermuda with suitable facilities and relevant expertise. While other yards may have suitable expertise, they are located f arther away. This increased distanc e represents a higher cost and risk for deliveries and could impact the vessels’ return to service. Gladding -Hearn has a history of successful projects with Marine and Port Services dating back to 1980. These projects include the following: • St. George- pilot boat ( built in 1980) ; • Dragon- buoy tender and buoys (1981) ; • Princeton and Inspector - tugs (1984) ; • St. David - pilot boat (1986) ; • Refit of the St. George (1998) ; • Serenity and Resolute- ferries ( built in 2002) ; • St. David - pilot boat (2011) . Additionall y, [Gladding- Hearn] regularly pr ovides expert advice and service parts to Marine and Port Services to keep the vessels in service. They value this business and interface with Marine and Ports personnel , as it gives them essential feedback as to which design details and products work best in Bermuda’s environment so that they can improve their future service. Mr. Speaker, the Resolute has all new m achinery i ncluding main engines, generators, steering system, newly upgraded air conditioning, new wi ndows, updated navigational equipment, all new inter ior, new bathrooms and fully outfitted CCTV cameras with recording capabilities and a PA system for public safety announcements , to name a few. The Resolute is currently being cleaned and prepped to return to service on both the green and blue ferry routes , servicing both the general public and our cruise ship pas-sengers. Last week Thursday I had the opportunity to see the upgrades first -hand. I was also able to meet with the all Marine and Ports crew, who delivered the Resolute on the 635- nautical -mile voyage across the North Atlantic Ocean. Those individuals are Captain Joseph Nicholas Maynard; Chief Engineer, Jean Lemaire; Deck Officer, Elijah Simmons; Seaman, Calvin Burgess; Seaman, Warren Foggo; and Mechanic, Jomel Smith . Mr. Speaker, the second fast ferry, Serenity , is scheduled to depart for the Boston shipyard the week of July 19 to undergo a similar refit and is expected to return to Bermuda in May 2022. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement this morning is in the name of the Minister of Works. Minister, would you like to present your Statement?
The SpeakerThe SpeakerGood morning, Minister. Go right ahead. FOURTH UPDATE ON THE STIMULUS PROGRAMME
Lt. Col. Hon. David A. BurchGood morning, Mr. Speaker. I am pleased to provide another update on the Short Term Stimulus Programme that was launched on December 17, 2020, to a maximum value of BMD$13,385,000 where small to medium -sized contractors were invited t o participate. Mr. Speaker, the programme was launched as it was …
Good morning, Mr. Speaker. I am pleased to provide another update on the Short Term Stimulus Programme that was launched on December 17, 2020, to a maximum value of BMD$13,385,000 where small to medium -sized contractors were invited t o participate. Mr. Speaker, the programme was launched as it was determined there was an urgent need to pr ovide stimulus to the local economy in order to retain and boost employment numbers in the wake of the economic downturn sparked by the COVID -19 pa ndemic. Mr. Speaker, as a result, the Ministry of Public Works [compiled a list of shovel -ready projects that are executable almost] immediately. These projects are mostly infrastructure improvements and will not add further burden to government operational expenses. The project’s selection principles are to maximise the employment of the private sector while providing much- needed refreshing of neglected infr astructure. Mr. Speaker, to ensure a fair and equitable allocation of the stimulus funding across t he participating businesses, the Ministry maintains a register of approved contractors and awarded contracts to e nBermuda House of Assembly sure that no one company monopolises the project list. Once a company obtains a project, they will be rotated to the bottom of the list to all ow other companies an opportunity for work. The guiding principle is to prioritise all companies that provide the most e mployment benefit per dollar spent while spreading the work among Bermudian- owned and - operated bus inesses. Many of these small - to medi um-sized bus inesses have never worked for government before, and oftentimes the challenge is cashflow. In light of this we have arranged with the Accountant General Department to accelerate the payment schedule to every two weeks, noting that those who owe gover nment money must engage in a payment plan in order to secure the work. Mr. Speaker —
The SpeakerThe SpeakerMinister, are you having an audio pro blem there?
The SpeakerThe SpeakerYou are having a little audio problem that time. C ontinue.
Lt. Col. Hon. David A. Burch[INAUDI BLE] A total of 16 projects are underway. The nine projects currently ongoing are as follows: • Flatt’s Bridge handrail project —work underway; • Artemis building B interior work —started May 21, 2021, duration eigh t weeks ; • Elbow Beach Access —May 17, 2021, dur ation five weeks. …
[INAUDI BLE] A total of 16 projects are underway. The nine projects currently ongoing are as follows: • Flatt’s Bridge handrail project —work underway; • Artemis building B interior work —started May 21, 2021, duration eigh t weeks ; • Elbow Beach Access —May 17, 2021, dur ation five weeks. Substantial completion has been achieved with the steps poured and in place. Waiting on fabrication and installation of handrails , which should be complete in two to three weeks. • New Plant Inspection Building at Botanical Gardens —started May 24, duration 16 weeks ; • Veranda repairs at Camden— Mr. Speaker, I am going to turn my video off to help with the sound.
The SpeakerThe SpeakerYes, it may help. There you go.
Lt. Col. Hon. David A. BurchAt Elbow Beach again, • Elbow Beach Access —May 17, 2021, dur ation five weeks. Substantial completion has been achieved with the steps poured and in place. Waiting on fabrication and installation of handrails , which should be complete in two to three weeks ; • New Plant Inspection Building …
At Elbow Beach again, • Elbow Beach Access —May 17, 2021, dur ation five weeks. Substantial completion has been achieved with the steps poured and in place. Waiting on fabrication and installation of handrails , which should be complete in two to three weeks ; • New Plant Inspection Building at Botanical Gardens —started May 24, duration 16 weeks ; • Veranda repairs at Camden—started week of May 30, duration 12 weeks ; • Roads ide Fencing Project 2—started June 7, duration four weeks ; • Dock Maintenance Pack 2—started June 14, durati on six weeks ; • Dock Maintenance Pack 3—started June 14, duration six weeks ; • Darrell’s Wharf Dock Repairs —started June 28, duration four weeks . Mr. Speaker, two c ontracts awarded but awaiting start date are as follows: • Artemis Building B wash- down area, awa rded to Heart and Soul Construction. Start date is August 2; and • Wastewater Section landscaping project, awarded to Unity Edible Landscapes. Start date is August 2; duration is four weeks .
Five completed pr ojects are as follows: • MDL Lab, completion date June 11, with off icial opening conducted yesterday ; • Artemis Building A , loading dock repairs co mpleted June 16; • Global Innovation, roadside fencing project 5, Mullet Bay Road, St. George’s , completed J uly 7; • Creative Exteriors Management, roadside fencing 1, Smith’s South Road, c ompleted J uly 9; • Brown and Co. , roads ide fencing 3, Gover nment Hill, c ompleted July 9.
Mr. Speaker, projects out for RFQ s or evaluation are as follows: • Cleaning Pembroke Canal —RFQ received May 6. Evaluations are ongoing. Pre- contr act site meetings are scheduled for next week. • Roadside Vegetation Removal —RFQ r eceived May 5. Evaluations are ongoing. • Quarry Slate Shelter —RFQ r eceived June 9. Still undergoing evaluations, as there was a large discrepancy in price between contractors. Mr. Speaker, Financial —to date, we have spent $1,618,735.14 (or 12 per cent of the stimulus funds).
Lt. Col. Hon. David A. Burch[INAUDIBLE] Fourte en out of 93 companies have been awarded stimulus contracts. We are very pleased with the response to the stimulus programme thus far from both contractors and likely employees, all of whom want to get to work and help the economy improve. These projects are 1718 16 Jul …
[INAUDIBLE] Fourte en out of 93 companies have been awarded stimulus contracts. We are very pleased with the response to the stimulus programme thus far from both contractors and likely employees, all of whom want to get to work and help the economy improve. These projects are 1718 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly bearing fruit, and one can expect to see a continuation of stimulus activity occurring around the country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. And, Minister, let me just say if you intend to speak later today, maybe have your tech nical look at your system. Because normally you come through very clear, but today you seem to have a little issue there. Okay?
The SpeakerThe SpeakerThank you. Good. Members, the nex t Statement this morning is that of the Minister of Social Development and Seniors. Minister Furbert, would you like to make your presentation? Hon. Tinee Furbert: Yes, I would, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. HUMAN RIGHTS COMMISSION ANNUAL R EPORT 2020 Hon. Tinee Furbert: Mr. Speaker, I am pleased today to submit to this Honourable House the Annual Report of the Human Rights Commission for the year ending December 31, 2020. Mr. Speaker, the Commission has a statutory remit to protect …
Go right ahead.
HUMAN RIGHTS COMMISSION ANNUAL R EPORT 2020
Hon. Tinee Furbert: Mr. Speaker, I am pleased today to submit to this Honourable House the Annual Report of the Human Rights Commission for the year ending December 31, 2020. Mr. Speaker, the Commission has a statutory remit to protect and promote human rights under the Human Rights Act 1981. The Commission’s mandate is to both educate and promote the principles of non- discrimination and equality and to investigate and endeavour to settle allegations of di scrimination. Mr. Speaker, the Human Rights Commission is required to do the following: • Encourage an understanding of the fund amental rights and freedoms of the individual guaranteed by the Cons titution and the princ iple that all members of the community are of equal dignity, have equal rights and have an obligation to respect the dignity and rights of each other; • Promote an understanding of, acceptance of and compliance with the Human Rights Act 1981; • Conduct research and develop initiatives d esigned to eliminate discriminatory practices; • Encourage and coordinate activities which seek to forward the principle that every me mber of the community is of equal dignity and has equal rights; and • Promote the conciliation and settlement of any complaints or grievances arising out of acts of unlawful discrimination and, where in its opi n-ion such good offices are inappropriate, inst itute prosecution for contraventions of the Act. Mr. Speaker, t he Human Rights Commission provides assistance to those who believe they have experienced discrimination or have any questions r elated to their rights and responsibilities under the H uman Rights Act. The Commission is both a public watchdog for human rights compliance and a resource to foster and promote human rights principles by working with stakeholders across the Island, including government, community organisations, schools, bus inesses and individuals. Mr. Speaker, the Commission works to further its objective of eradicating discrimination through the following means: • helping to address any and all queries related to human rights in Bermuda; • assisting with complaints of discrimination under the Human Rights Act 1981; • providing dispute resolution services through mediation and conciliation to help settle complaints of discrimination; • policy review and guidance with all stakehol ders in support of human rights obligations; • engaging in collaborative presentations, r esearch and educational programming; • consultations to support the evolution of legi slation, just practices and policies in support of human rights compliance; • educational presentations, workshops and training tailored to meet the stakeholder s’ needs in support of their human rights educ ation and compliance c ommitments; • advice and consultation with Government on proposed legislative amendments and to ensure consistency with international standards; • administering of Human Rights Tribunal s; • providing guidance to government, organis ations, businesses and educational institutions on the development and implementation of the human rights -based approach to legisl ation, policies, programmes and complaint - handling mechanisms to ensure compliance with the Act and international human rights agreements. Mr. Speaker, i ncluded in the annual report you will note that during the 2020 calendar year the Commission received 140 complaints, with the majority of complaints citing claims of discriminatory differences in treatment on the grounds of disability (31 per cent), place of origin (16 per cent), sex (14 per cent) and race (8 per cent). Of those complaints the majority cited claims of discrimination within the protected area of employment (at 59 per cent). Claims of discriminatory workplace harassment amounted to 9 per cent of intakes. Of the total intakes received in 2020, there are 14 (or 10 per cent) that remain ongoing, with the remaining 126 (or 90 per cent) resolved.
Bermuda House of Assembly As 2020 unfolded against the trauma and uncertainty of the COVID -19 pandemic, the Government of Bermuda faced the challenge of balancing public health measures against the safeguarding of civil li berties and human rights. The complex nature of the COVID -19 crisis reaffirmed the critical role of the N ational Human Rights Institutions in promoting a human rights-based approach to managing the pandemic. Fundamental considerations around individual and collective rights emerged in response to the crisis, as Bermuda recognised that we are only as safe and s ecure as our most vulnerable. The themes of Resilience a nd Reckoning became emblematic of a year defined by social justice and advocacy. The resurgence of the Black Lives Matter movement following the murder of George Floyd in the United States saw over 7,000 Bermud ians converge in solidarity to support this hi storic h uman rights movement. The Commission partnered with Citizens U prooting Racism in Bermuda (CURB) to produce the Black History in Bermuda Timeline. Contemporary research by historians and academics continues to fill a massive void left by earlier works focused on select descriptions of Bermuda’s colonial history, largely erasing the Black narrative. This evolving resource repository continues to benefit from the contribution of historians and knowledge- bearers. The Commission joined Bermuda in mourning the passing of Dr. Eva Hodgson. Dr. Hodgson ded icated her life to elevating the national consciousness to address the scourge of racism. Her remarkable example and body of work will continue to inform Ber-muda’s human rights education and enlighten gener ations to come. An Equal World is an Enabled World was the International Women’s Day theme. The Commission joined stakeholders at a convening hosted by the Women’s Resource Centre to recalibrate collective commitments to accelerate gender parity to ensur e a more equitable Bermuda. Data published by UN Women early in the COVID -19 outbreak revealed that gender -based violence, particularly domestic violence against women and girls, had intensified worldwide. Due to COVID -19, Pride 2020 was a stark contrast to the jubilant celebrations of 2019; however, it was no less significant. The 8 th of August convening marked the seventh anniversary of the amendment to include sexual orientation in the Human Rights Act 1981. The executive officer’s remarks emphasised that the addition of sexual orientation as a protected ground enhanced Bermuda’s human rights framework and renewed our commitment to the fundamental rights and freedoms of all. Mr. Speaker, in accordance with section 30A of the Human Rights Act 1981, I am pleased to have laid before this Honourable House the Human Rights Commission Annual Report for the year ending D ecember 31, 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, the next Statement and final Statement for this morning is in the name of the Mini ster of Labour. Minister Hayward, would you like to present your Statement? EXTENDING THE TERM FOR FINANCIAL ASSISTANCE OF ABLE -BODIED UNEMPLOYMENT RECIPIENTS Hon. Jason Hayward: Mr. Speaker and Honourable …
Thank you, Minister. Members, the next Statement and final Statement for this morning is in the name of the Mini ster of Labour. Minister Hayward, would you like to present your Statement?
EXTENDING THE TERM FOR FINANCIAL ASSISTANCE OF ABLE -BODIED UNEMPLOYMENT RECIPIENTS
Hon. Jason Hayward: Mr. Speaker and Honourable Members of the Hous e, I rise today to inform you that the Government intends to extend the five- year limit ation for a payment of an award to abled- bodied unemployed recipients of financial assistance for an additional two years by amending section 6A of the Fina ncial Assistant Regulations 2004 (the Regulations). The amendment will also make this change retroactive effective from April 1, 2021, in order to validate pa yments made since the beginning of the 2021/22 fiscal year. Mr. Speaker, the House will recall that in accordance with section 6A(1) of the Regulations, “Payment of an award to an abled- bodied recipient shall be limited to a maximum period of five years, whether th at period is —(a) continuous; or (b) an a ggregate period made up of two or more awards.” The House should be advised that the five- year term for some Financial Assistance clients expired on March 31, 2021. Accordingly, a retroactive amendment to the legislation will be required to address the issue with respect to payments made since April 1, 2021. Mr. Speaker, the mission of the Department of Financial Assistance is to assist Bermudians to mai ntain a standard of living during challenging economic times. Th e Department of Financial Assistance has always worked hard to achieve its mission, and as of June 2021 the number of persons on assistance was 2,306. The largest category pertained to pensioners (1,037), followed by those with a disability (786), then persons employed with insufficient earnings (245). The smallest category is the able- bodied unemployed persons (238), although this number continues to trend upwards monthly as a result of the labour market conditions in the aftermath [of] the COVID -19 pandemic. Mr. Speaker, I would also like to take this time to remind this Honourable House that the Department of Financial Assistance also provides funding support to eligible persons on financial assistance in the following areas: • rent; • nursing and rest home fees; • food allowance; • health insurance; 1720 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly • disability services ; • BELCO allowance; • personal home care allowance; • medical supplies and equipment ; • telephone allowance. Mr. Speaker, it is expected that the effects of the pandemic will be felt f or some time into the for eseeable future. This could not have been predicted at the time the five- year term was introduced. This Government remains committed to assisting and suppor ting every Bermudian, especially those who face challenges in getting back to gainful and meaningful em-ployment. The Government remains steadfast in devotion to the community as the Island recovers and heals from this pandemic. Mr. Speaker, as part of the financial assi stance reform strategy, the Department of Workforce Development and the Depar tment of Financial Assi stance have partnered to ensure that Personal E mployment Plans are provided to Financial Assistance clients. Personal Employment Plans are designed to strengthen employment support services to Financial Assistance clients. Each abled- bodied recipient will be provided with an individual plan aimed at helping r ecipients to achieve financial independence. Mr. Speaker, this initiative will help Bermudians to secure gainful and meaningful employment. The employment plans include work readiness, financial literacy and computer literacy training, along with individual career coaching and support. These plans are a critical catalyst to empowering recipients and reducing their dependency on financial support. Mr. Speaker, as the Government has done since the onset of the pandemic, we will continue to provide the necessary support, assistance and r esources needed to carry Bermudians through this unprecedented and, for many, unpredictable time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Members, this brings us to a close of the Statements period for this morning. We will now move on. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerMembers, we have 60 minutes for Question Period. Today we have both written ques-tions and questions from the Statements that were given this morning. We will start with the written questions, and all of the written questions this morning have indicated that they will be for oral responses. The first …
Members, we have 60 minutes for Question Period. Today we have both written ques-tions and questions from the Statements that were given this morning. We will start with the written questions, and all of the written questions this morning have indicated that they will be for oral responses. The first written quest ion this morning is for the Minister of Health from MP Dunkley. MP Dunkley, would you like to put your question now?
QUESTION 1: TOTAL NUMBER OF FULLY VACCINATED TRAVELLERS TESTING POSITIVE FOR COVID -19
Hon. Michael H. Dunkley: Good morning, Mr. Speaker, and good morning, colleagues. To the Honourable Minister: Will the Honou rable Minister please provide this Honourable House with the total number of fully vaccinated trave llers who have tested positive for COVID -19 upon arrival in Bermuda or with any d ay 4, day 8 or day 14 test since February 1, 2021?
The SpeakerThe SpeakerThank you. Minister. [Pause]
The SpeakerThe SpeakerMinister, we do not hear you. Hon. Kim N. Wilson: I am sorry, Mr. Speaker. Mr. Speaker, the total number of fully vaccinated travellers who hav e tested positive for COVID - 19 upon arrival in Bermuda or with any day 4, day 8 or day 14 test since February …
The SpeakerThe SpeakerThank you. Further question, or supplementary? Hon. Michael H. Dunkley: Yes, supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Michael H. Dunkley: Honourable Minister, is there any awareness of what vaccines have been used in those 24 cases?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: No, Mr. Speaker, I would not have that information. The Speake r: Okay. Supplementary? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerGo ahead. Hon. Michael H. Dunkley: Is the Minister able to give a breakdown of the positive cases on each test date? Bermuda House of Assembly The Speaker: Minister. Hon. Kim N. Wilson: Mr. Speaker, in February there were [nil] for arrival day 4, day 8 or day 14. In …
Go ahead. Hon. Michael H. Dunkley: Is the Minister able to give a breakdown of the positive cases on each test date?
Bermuda House of Assembly The Speaker: Minister.
Hon. Kim N. Wilson: Mr. Speaker, in February there were [nil] for arrival day 4, day 8 or day 14. In March there were two: One was a day 8 and one was a day 14. In April there were five: One was arrival, one was day 4, one was day 8 and two were day 14. In May there were two: One was an arrival, and one was on day 4. In June there were eight —six on arrival and two on day 4. In July, between July 1 and July 7, there were seven —two on arrival, five on day 4. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Those were your two supplementaries from your one question. So we will move on. Next. Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
The SpeakerThe SpeakerNo problem. The next written question this morning is to the Minister of Health from the Opposition Leader. Opposition Leader, would you like to put your question? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. N. H. Cole Simons: I was trying to bring up my video.
The SpeakerThe SpeakerOkay. Hon. N. H. Cole Simons: Okay. I will start anyway.
The SpeakerThe SpeakerYou can get your video going as you talk. QUESTION 1: TOTAL NUMBER OF QUARANTINE EXEMPTIONS ISSUED MONTHLY Hon. N. H. Cole Simons: Will the Honourable Mini ster please provide the Honourable House the total number of quarantine exemptions issued [mont hly] by Government from the beginning of the programme …
The SpeakerThe SpeakerWhile the Minister is responding, you can sort out your camera for us, MP. Hon. N. H. Cole Simons: I am.
The SpeakerThe SpeakerYes. Go ahead, Minister. [Inaudible interjections]
The SpeakerThe SpeakerMinister, we don’t have your audio. Hon. Kim N. Wilson: Okay. Thank you, Mr. Speaker. Mr. Speaker, the total number of quarantine exemptions issued by Government from the beginning of the programme unt il the 10 th of July 2021 is 294.
The SpeakerThe SpeakerOpposition Leader, any supplementary? Hon. N. H. Cole Simons: No.
The SpeakerThe SpeakerOkay. Would you like to do your second question? QUESTION 2: TOTAL NUMBER OF QUARANTINE EXEMPTIONS APPLIED FOR MONTHLY Hon. N. H. Cole Simons: Will the Honourable Mini ster please provide the Honourable House with the total number of quarantine exemption applications ap-plied for , for each month from the …
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Mr. Speaker, the total number of quarantine exemption applications applied for from the programme’s inception to the 10 th of July 2021 is 460.
The SpeakerThe SpeakerThank you. Supplementary? Hon. N. H. Cole Simons: I asked for the number of applications for each month so I could see a trend. Hon. Kim N. Wilson: Mr. Speaker, the Honourable Member would note that the requirements with r espect to the quarantine facilities started on the 20th of …
Thank you. Supplementary?
Hon. N. H. Cole Simons: I asked for the number of applications for each month so I could see a trend. Hon. Kim N. Wilson: Mr. Speaker, the Honourable Member would note that the requirements with r espect to the quarantine facilities started on the 20th of June. So it has not been a month yet.
The SpeakerThe SpeakerDo you have a supplementary, MP Jackson? Ms. Susan E. Jackson: Yes, please.
The SpeakerThe SpeakerPut your supplementary. 1722 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly SUPPLEMENTARY
Ms. Susan E. JacksonThank you. Good morning, Minister. I am just curious whether you have a breakdown of the category of exemptions —i.e., college st udents, children, health, et cetera. Hon. Kim N. Wilson: As is provided for under the Order, the exemptions category relates specif ically to persons who are medically vulnerable …
Thank you. Good morning, Minister. I am just curious whether you have a breakdown of the category of exemptions —i.e., college st udents, children, health, et cetera.
Hon. Kim N. Wilson: As is provided for under the Order, the exemptions category relates specif ically to persons who are medically vulnerable and/or they are caregivers. In order to apply for an exemption, one must produce medical evidence either from a phys ician or a psychologist confirming the said exemption.
The SpeakerThe SpeakerSupplementary, MP Pearman. Go ahead. SUPPLEMENTARY
Mr. Scott PearmanThank you, Honourable Minister. You identif ied two categories of exemption. I understood that there were three categories of exemption down from the original seven. Have the three been reduced to two? Thank you. Hon. Kim N. Wilson: With respect to minors, minors do not have to apply for an …
Thank you, Honourable Minister. You identif ied two categories of exemption. I understood that there were three categories of exemption down from the original seven. Have the three been reduced to two? Thank you.
Hon. Kim N. Wilson: With respect to minors, minors do not have to apply for an exempti on, though they qualify for same. Once it is ascertained what their age is and proof of their age, then the process is more administrative. They are not having to apply for an exem ption, because they are a minor.
The SpeakerThe SpeakerOpposition Leader, no further suppl ementaries for your question 2? Hon. N. H. Cole Simons: No, sir.
The SpeakerThe SpeakerWould you like to move on to your question 3? QUESTION 3: TOTAL COST TO GOVERNMENT FOR QUARANTINE SITES Hon. N. H. Cole Simons: Will the Honourable Mini ster please inform this Honourable House the total monthly cost to the Government for all quarantine sites from inception of the programme …
Would you like to move on to your question 3? QUESTION 3: TOTAL COST TO GOVERNMENT FOR QUARANTINE SITES
Hon. N. H. Cole Simons: Will the Honourable Mini ster please inform this Honourable House the total monthly cost to the Government for all quarantine sites from inception of the programme to July 10, 2021?
Hon. Kim N. Wilson: Mr. Speaker, this question has been redirected to the Ministry of National Security by way of the Clerk to the Legislative Office, as this i nformation does fall within the remit of National Secur ity.
The SpeakerThe SpeakerOkay. Hon. N. H. Col e Simons: Mr. Speaker — [Crosstalk] The Clerk: Good morning. Yes, the questions have been deferred. And in the email that we received yesterday, the Minister of National Security would like to defer them. You are copied in the email, Mr. Speaker. The S peaker: …
Okay.
Hon. N. H. Col e Simons: Mr. Speaker —
[Crosstalk]
The Clerk: Good morning. Yes, the questions have been deferred. And in the email that we received yesterday, the Minister of National Security would like to defer them. You are copied in the email, Mr. Speaker.
The S peaker: Yes. That is what I was about to say. I was just waiting for the Opposition Leader to make sure he was clear on what was just stated, that your question was best suited for another Minister to answer. And when that was determined, it was sent to that other Minister. Unfortunately, the timing was a little slow in that the other Minister has sought to have a deferment until next week, and they will provide the answer for you next week.
Hon. N. H. Cole Simons: Okay then.
The SpeakerThe SpeakerThank you. So w e will come back to question 3 next week under the respective Minister who will respond to it. Thank you. The next series of written questions now are from MP Dunkley to Minister Ming, National Security. MP Dunkley, would you like to put your two questions? …
Thank you. So w e will come back to question 3 next week under the respective Minister who will respond to it. Thank you. The next series of written questions now are from MP Dunkley to Minister Ming, National Security. MP Dunkley, would you like to put your two questions?
QUESTION 1: ST. REGIS DEVELOPERS EXEM PTION APPROVAL Hon. Michael H. Dunkley: Thank you Mr. Speaker. Will the Honourable Minister please confirm for this Honourable House if an exemption letter was issued under the Minister’s name as it pertains to the exem ption given to the St. Regis to conduct construction dur-ing the stay -at-home period in April , which was ult imately rescinded?
Bermuda House of Assembly Hon. Renee Ming: Mr. Speaker, I just want to say that this is actually something that can be found in the public domain, as we made a statement on this on April 14 with regard to an exemption that was granted to St. Regis.
The SpeakerThe SpeakerOkay. MP, the Minister is saying that it is a matter that is already in the public domain. And as you know, the rules allow for items that ar e already in the public domain, that the Minister can refer to the fact that it is already out there. Hon. …
The SpeakerThe SpeakerYou have a supplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, Mr. Speaker. I believe the Minister has remarked that an exemption was given in error. How did the error oc cur?
The SpeakerThe SpeakerOkay. Hon. Renee Ming: Mr. Speaker, I am sure—
The SpeakerThe SpeakerWell, I am just trying to ascertain whether . . . I am reading the original. The original is already in the [public] domain. The original here does not speak to the error. And I do not have the stat ement that is already in the public domain in front …
Well, I am just trying to ascertain whether . . . I am reading the original. The original is already in the [public] domain. The original here does not speak to the error. And I do not have the stat ement that is already in the public domain in front of me to know if that actually falls under that response.
Hon. Michael H. Dunkley: If my memory is correct, it says there was an exemption in error. And that is what I am requesting —
Hon. Derrick V. Burgess, Sr.: Point of order.
The SpeakerThe SpeakerMP Dunkley. Hon. Michael H. Dunkley: Yes, sir.
The SpeakerThe SpeakerThe supplementary has to be guided by the response of information that is shared to us during this Question Period. The response was simply that it is already in the public domain, which allows the Minister to quote that. Without having the information in front of us right now, we …
The supplementary has to be guided by the response of information that is shared to us during this Question Period. The response was simply that it is already in the public domain, which allows the Minister to quote that. Without having the information in front of us right now, we cannot refer to exactly what is in there. My suggestion would be for a later date if you would like to have a further question, you can use whatever information that you gather from the public domain and base your question on that. B ecause I just cannot verify it right now in front of me.
Hon. Michael H. Dunkley: I understand, Mr. Speaker. But I am sure the Honourable Minister can verify it, because the Honourable Minister made the statement in the public domain.
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Derrick V. Burgess, Sr.: Yes. Mr. Speaker, this question is put to rest because it is in the public domain. So there can be no supplementaries to it. And you are correct when you say you cannot refer to an ything. The Honourable …
The SpeakerThe SpeakerThank you, Deputy. Hon. Derrick V. Burgess, Sr.: You have given the proper direction.
The SpeakerThe SpeakerThank you, Deputy. MP, as I was directing you, I do not have that [information] in front of me to refer to. I am not saying you cannot put the question, but you can put the ques tion at a later date if you go to the information that is …
Thank you, Deputy. MP, as I was directing you, I do not have that [information] in front of me to refer to. I am not saying you cannot put the question, but you can put the ques tion at a later date if you go to the information that is in the public domain and base your question on that. But we just do not have it in front of us right now.
Hon. Michael H. Dunkley: Mr. Speaker, if that is what you please. I am sure it would be easy for the Minister to [respond] here. But I accept your ruling.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: I am just trying to get some understanding of how the error occurred, Mr. Speaker.
The SpeakerThe SpeakerNo problem. We can go on to the second question. QUESTION 2: ST. REGIS HOTEL DEVELOPERS EXEMPTION APPROVAL Hon. Michael H. Dunkley: Yes. Okay, Mr. Speaker. Will the Honourable Minister please inform this Honourable House if any other verbal or electronic communication w as provided to anyone at the St. …
No problem. We can go on to the second question.
QUESTION 2: ST. REGIS HOTEL DEVELOPERS EXEMPTION APPROVAL
Hon. Michael H. Dunkley: Yes. Okay, Mr. Speaker. Will the Honourable Minister please inform this Honourable House if any other verbal or electronic communication w as provided to anyone at the St. Regis from any Minister or the Premier, informing or notifying the St. Regis of approval or an intention to approve construction work during the stay-at-home period?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Good morning, Mr. Speaker. 1724 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly No, not that I am aware of.
The SpeakerThe SpeakerThank you. Supplementary? Hon. Michael H. Dunkley: No, Mr. Speaker, because I am sure we would have to deal with the publ ic domain. And I will accept your ruling.
The SpeakerThe SpeakerOkay. All right. Members, that brings us to a close of the wri tten questions. We will now move on to questions from the Statements that were given this morning. And on the first Statement this morning from the Premier, there was a question from the Opposition Leader. Opposition Leader, …
Okay. All right. Members, that brings us to a close of the wri tten questions. We will now move on to questions from the Statements that were given this morning. And on the first Statement this morning from the Premier, there was a question from the Opposition Leader. Opposition Leader, would you like to put your question at this stage?
QUESTION 1: UPDATE ON SUPPORT PROVIDED TO LOCAL SMALL AND MEDIUM BUSINESSES SINCE THE GLOBAL PANDEMIC
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I just have two simple questions. Can the Premier confirm the amount that the Bermuda Economic Development Corporation has assigned in guarantees for the Loan Guarantee Pr ogramme? I know that they have total outstandi ng guarantees of $442,000 approximately. What is the allotment that the BEDC has established for its guarantee programme?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I will try to answer as best as I can. I think referring to the Statement that it shows a total guarantee capacity of the BEDC, and the guarantee capacity is governed by statute. So if there is more capital given, the guarantee …
Premier.
Hon. E. David Burt: Mr. Speaker, I will try to answer as best as I can. I think referring to the Statement that it shows a total guarantee capacity of the BEDC, and the guarantee capacity is governed by statute. So if there is more capital given, the guarantee capacity is actually six times the capital. So I am not entirely certain if I can answer the Member’s question. The Opposition Leader is asking, How much is assigned to the guarantee? And there is no as-signment; there is a maximum amount that is allowed by statute.
The SpeakerThe SpeakerOkay. Supplementary? SUPPLEMENTARY Hon. N. H. Cole Simons: Yes. I understand the stat utory requirements. I think from best practice and bus iness prudence, each year we would say that we would allow “X” million dollars for guarantees. So for the budget year, I am certain from a business point …
Okay. Supplementary?
SUPPLEMENTARY
Hon. N. H. Cole Simons: Yes. I understand the stat utory requirements. I think from best practice and bus iness prudence, each year we would say that we would allow “X” million dollars for guarantees. So for the budget year, I am certain from a business point of view, the BEDC has indicated that they would allot up to, saying hypothetically, $2 million in guarantees over the coming year. And that is what I am speaking to,
Mr. Premier.
The SpeakerpremierPremier. Hon. E. David Burt: Mr. Speaker, I think I understand the Honourable Member’s question. But I do not believe that there is currently a restriction. I am happy to follow up. But what I would say is if there was the limit which the Honourable Opposition Leader is sugges …
Premier.
Hon. E. David Burt: Mr. Speaker, I think I understand the Honourable Member’s question. But I do not believe that there is currently a restriction. I am happy to follow up. But what I would say is if there was the limit which the Honourable Opposition Leader is sugges ting and there were more persons who want the guarantees, I am not sure if the H onourable Opposition Leader is suggesting that the Bermuda Economic D evelopment Corporation would not do that. So that would not be a policy that the Government of Berm uda would support; we support issuing guarantees up to the amount which is stated and al lowed for in law. And I think that the Bermuda Economic Development Corporation has a very prudent board that can look and manage the risks that need to be managed. So I am happy if he wants to follow up with a specific question in writing, and I can do m y best to get that information for him. But to my knowledge I do not believe that there is a restriction on the amount of guarantees that can be given out on an annual basis. I think it is governed by the Act itself, in the confines of the Act.
Hon. N. H. Cole Simons: Okay.
The SpeakerThe SpeakerFurther question? Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerQuestion or supplementary? Hon. N. H. Cole Simons: This is a question.
The SpeakerThe SpeakerSecond question. Go ahead. QUESTION 2: UPDATE ON SUPPORT PROVIDED TO LOCA L SMALL AND MEDIUM BUSINESSES SINCE THE GLOBAL PANDEMIC Hon. N. H. Cole Simons: Can the Premier just tell the community what the application fees are and the fee for the use of the guarantees?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I do not have that information off the top of my head. I believe all of the information would be on the BEDC website, as my Statement referred. All fees were cut in half. Hon. N. H. Cole Simons: I saw that. Bermuda …
Premier. Hon. E. David Burt: Mr. Speaker, I do not have that information off the top of my head. I believe all of the information would be on the BEDC website, as my Statement referred. All fees were cut in half.
Hon. N. H. Cole Simons: I saw that.
Bermuda House of Assembly Hon. E. David Burt: Also, the BEDC also, they made the fees for credit checks, which were also charged to persons prior to these matters, the BEDC is absorbing those fees themselves. But I will say that the fees are in the public domain, and they are listed on the web-site, certainly, or on the applications.
The SpeakerThe SpeakerSupplementary? Hon. N. H. Cole Simons: No. I have no further questions, but I would like to commend the BEDC and Er ica Smith for the work that they are doing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Thank you, Members. Hon. E. D avid Burt: Thank you, Mr. Opposition Leader.
The SpeakerThe SpeakerMembers, the next Statement this morning that has questions is that of the Finance Mi nister. Finance Minister, you have a question from the Oppo sition Leader. Opposition Leader, would you like to put your question? QUESTION 1: OECD INCLUSIVE FRAMEWORK Hon. N. H. Cole Simons: Yes, Mr. Speaker. On …
Members, the next Statement this morning that has questions is that of the Finance Mi nister. Finance Minister, you have a question from the Oppo sition Leader. Opposition Leader, would you like to put your question?
QUESTION 1: OECD INCLUSIVE FRAMEWORK Hon. N. H. Cole Simons: Yes, Mr. Speaker. On page 3 of the Finance Minister’s Stat ement, he says, “Mr. Speaker, with respect to Pillar One, initial estimates conclude that approximately 80 multinat ional enterprises worldwide would qualify as in-scope of Pillar One . . . .” Can the Minister tell us whether we have any of those 80 companies doing business in Bermuda?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, not to my knowledge. We are doing some work within the Mini stry of Finance to do a bit of a data call so that we can try to ascertain the impacts of Pillar One and Pillar Two on constituent companies that are …
Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, not to my knowledge. We are doing some work within the Mini stry of Finance to do a bit of a data call so that we can try to ascertain the impacts of Pillar One and Pillar Two on constituent companies that are located in Bermuda. But Pillar One is largely targeted at tec hnology companies, for which we have none located here in Bermuda.
The SpeakerThe SpeakerThank you. Supplementary? Supplementary or new question? Hon. N. H. Cole Simons: So you, the Minister ind icated that —
The SpeakerThe SpeakerIs it a new question or a supplementary? Hon. N . H. Cole Simons: Supplemental, suppl emental.
The SpeakerThe SpeakerGo ahead. SUPPLEMENTARY Hon. N. H. Cole Simons: The Minister indicated that he would be doing a data draw to secure the information generally. When does he expect to have this project completed?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: We are currently working on figuring out what data we need to get. And then we need to talk to stakeholders and make sure that we train—they get the data- gathering exercise in its appropriate context. But my hope is that we will be pos …
Minister.
Hon. Curtis L. Dickinson: We are currently working on figuring out what data we need to get. And then we need to talk to stakeholders and make sure that we train—they get the data- gathering exercise in its appropriate context. But my hope is that we will be pos itioned for October to have the data that we would need to assess. The OECD has a bunch of work to do between now and October with the finalisation of the details around Pillar One and Pillar Two. And doing some preliminary w ork is important, but doing too much work without having the benefit of details would be a fool’s errand. So sometime between now and the end of September we will have finality around what the data sets look like.
Hon. N. H. Cole Simons: Second question, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 2: OECD INCLUSIVE FRAMEWORK Hon. N. H. Cole Simons: On page 5 of 8 the Minister says, “Bermuda has been actively involved in ongoing discussions relating to this initiative to present pos itions that reflect the na tional interest and that of our various stakeholders.” Can the Minister …
Yes.
QUESTION 2: OECD INCLUSIVE FRAMEWORK
Hon. N. H. Cole Simons: On page 5 of 8 the Minister says, “Bermuda has been actively involved in ongoing discussions relating to this initiative to present pos itions that reflect the na tional interest and that of our various stakeholders.” Can the Minister provide the details of any discussions that he has had with international bodies overseas in regard to this initiative?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, as I mentioned in the Statement, Bermuda is a member of the Inclusive Framework. There has been ongoing di alogue on this topic for the better part of two- plus years. We have representation in the Inclusive Framework, and so we participate in …
Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, as I mentioned in the Statement, Bermuda is a member of the Inclusive Framework. There has been ongoing di alogue on this topic for the better part of two- plus years. We have representation in the Inclusive Framework, and so we participate in the forums. And in those forums we articulate our points of view with respect to the direction of travel around this initiative.
An Hon. Member An Hon. MemberDo you have any specifics? Hon. Curtis L. Dickinson: I think we have highlighted four or five particular areas of concern. One of them 1726 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly would be the overall rate that is being contemplated. I think initially there was …
Do you have any specifics? Hon. Curtis L. Dickinson: I think we have highlighted four or five particular areas of concern. One of them 1726 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly would be the overall rate that is being contemplated. I think initially there was a 12.5 per cent rate. There has now been what appears to be some sort of a consensus around 15 per cent. We expressed the point of view around the method of blending, whether it is jurisdictional or glo bal blending. We also talked about carve- out or ec onomic substance, we talked about carve- out for insurance and reinsurance. We also talked about maint enance of deferred tax accounting treatment for co mpanies as wel l. Those are among the things that we highlighted during our discussions that we continue to highlight in our conversations with other key allies, other countries that are also participating in the Incl usive Framework discussions and who may have sim ilar interests to Bermuda with respect to the implementation of this initiative.
Hon. N. H. Cole Simons: So who are the allies that we are working with?
Hon. Curtis L. Dickinson: Mr. Speaker, I do not b elieve it would be appropriate for me at this point to disclose which allies we are talking to. I certainly would feel comfortable having a one- on-one conversation with the Shadow Minister of Finance to share that information if necessary.
The SpeakerThe SpeakerThank you. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. That is all I have.
The SpeakerThe SpeakerOkay. Minister of Finance, you also have questions this morning from MP Pearman. MP Pearman, would you like to put your question? QUESTION 1: OECD INCLUSIVE FRAMEWORK
Mr. Scott PearmanThank you, Mr. Speaker. Thank you, Honourable Minister, for your very clear and concise Statement to us. It is always refreshing to get this sort of information given in such a straightforward and fair way. My question arises at pages 4 and 5 of your Statement where you quote your …
Thank you, Mr. Speaker. Thank you, Honourable Minister, for your very clear and concise Statement to us. It is always refreshing to get this sort of information given in such a straightforward and fair way. My question arises at pages 4 and 5 of your Statement where you quote your prev ious press statement of the 2nd of July. At the top of page 5, you refer to the “ongoing technical discussions ahead of the meeting of G20 Finance Ministers . . . in October 2021.” My first question is this: What visibility if any do you have about the tim etable formed after October 2021?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: We do not have much vi sibility beyond October 2021. I think everyone is cur-rently focused on the negotiations that need to hap-pen between now and the end of October in adv ance of the G20 Finance Ministers meeting to ensure that the details are …
Minister. Hon. Curtis L. Dickinson: We do not have much vi sibility beyond October 2021. I think everyone is cur-rently focused on the negotiations that need to hap-pen between now and the end of October in adv ance of the G20 Finance Ministers meeting to ensure that the details are worked out for some sort of agreement on details. So the next key milestone I think for all i nvolved is the October 2021 Finance Ministers meeting.
The SpeakerThe SpeakerThank you. Supplementary? SUPPLEMENTARIES
Mr. Scott PearmanSupplementary. In respect of that October 2021 meeting and specifically with reference to page 6 of 8 of your Statement in the middle paragraph, you quite sensibly anticipate that the Tax Reform Commission is not going to engage in matters until after the October 2021 details are released. So my …
Supplementary. In respect of that October 2021 meeting and specifically with reference to page 6 of 8 of your Statement in the middle paragraph, you quite sensibly anticipate that the Tax Reform Commission is not going to engage in matters until after the October 2021 details are released. So my next question is this: If presumably the magic is not in the date of October 2021, but in the completion of the technical discus-sions and their outcome, and we can assume sensibly that the Tax Reform Commission may not engage until we have that outcome, is that a fair assumption on my part, Minister?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, it is not. What I did say is, “I therefore anticipate the Tax Reform Commission may not engage in the full scope . . . ,” which means they will not be able to opine fully on the impact of OECD initiatives on …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, it is not. What I did say is, “I therefore anticipate the Tax Reform Commission may not engage in the full scope . . . ,” which means they will not be able to opine fully on the impact of OECD initiatives on potential tax reform. There is still a body of work that needs to be done with respect to reviewing domestic taxes in and of themselves. And initially, I think the work around tax reform was contemplated to focus almost solely on domestic matters of keeping an eye on developments at the OECD. Anyone who has followed the events would know that there was a bit of a radical change in direction with the inauguration of President Biden. Pr ior to that, there was a view that the OECD discussions around BEPS [Base Erosion and Profit Shifting] Pillar One and Pillar Two were being led out of E urope. I think the prior US administration had taken a bit of a hands -off approach. And that has changed as a result of after Jan uary the 20 th. So we will do some work around domestic, keeping an eye on developments from the OECD. But any reforms that are going to be based on OECD work will have to reflect the completed work of the OECD.
The SpeakerThe SpeakerSupplementary or new question?
Mr. Scott PearmanSecond supplementary. Bermuda House of Assembly The Speaker: Go ahead.
Mr. Scott PearmanThank you, Minister. I think the last bit of your answer actually does agree with me. What I was wondering is, it is fair to say that the Tax Reform Commission’s focus on these matters, not domestic matters, but on these matters needs to know the parameters they are working …
Thank you, Minister. I think the last bit of your answer actually does agree with me. What I was wondering is, it is fair to say that the Tax Reform Commission’s focus on these matters, not domestic matters, but on these matters needs to know the parameters they are working on. So there needs to be some sort of consensus rel eased from after or on October 2021 before they can really engage with them. You cannot put the cart before the horse, and I think that is what you are saying.
Hon. Curtis L. Dickinson: It is. Although I would say, because I want to be very careful about this, there is work that can be ongoing in parallel to the develo pments out of the OECD. It will be over the course of the next several months, various ideas that have been floated by members of the Inclusive Framework for potential inclusion. My team who sit in those meetings will be able to kind of ascertain whether or not there is any consensus around certain ideas. And we can start doing some potential scenario- playing with respect to our own situation. So I do not expect that there is going to be a har d-start coming up to October or once October has happened. I would expect that this will be an issue that would be front in line for folks keeping a watching brief on what is going on and then trying to start to think about potential impacts on Bermuda and how we potentially respond to them.
Mr. Scott PearmanThank you, Minister, for your answer. Thank you, Mr. Speaker. I have no second question.
The SpeakerThe SpeakerOkay. Thank you. Minister, that is the end of the questions for you this morning. The next St atement that has questions this morning is the Statement from the Minister of Transport. Minister of Transport, you have questions this morning from MP Pearman. MP, would you like to put your …
Okay. Thank you. Minister, that is the end of the questions for you this morning. The next St atement that has questions this morning is the Statement from the Minister of Transport. Minister of Transport, you have questions this morning from MP Pearman. MP, would you like to put your question?
QUESTION 1: MARINE AND PORTS SERVICES FERRY RETROFI T PROGRAMME
Mr. Scott PearmanThank you, Mr. Speaker. Thanks to the Honourable Minister for his Statement on the Marine and Ports Services. (Just making sure you have my video. I think you do now.)
Mr. Scott PearmanHonourable Minist er, you gave a Statement to the House about the lifespan and de-ployment of the ferry Resolute, which was refitted at a $2 million cost. You indicated that the refit would ex-tend the vessel’s lifespan by some 12 years. I pr esume that is 12 years from today, …
Honourable Minist er, you gave a Statement to the House about the lifespan and de-ployment of the ferry Resolute, which was refitted at a $2 million cost. You indicated that the refit would ex-tend the vessel’s lifespan by some 12 years. I pr esume that is 12 years from today, from the day of the refit. Is that correct? Hon. W. Lawrence Scott: That is correct.
Mr. Scott PearmanIn terms of the lifes pan and deployment, you indicated in your Statement that it would be for the green and blue ferry routes. Obviously, Minister, you are familiar with what those routes are, but the House and the public may not be. Could you kindly confirm which routes this …
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: So that is mainly, and for the most simplistic answer, that is the Somerset route, town to Somerset.
Mr. Scott PearmanThank you, Mr. Speaker. Second question? The Speake r: The second question. Yes. QUESTION 2: MARINE AND PORTS SERVICES FERRY RETROFIT PROGRAMME
Mr. Scott PearmanThank you. Honourable Minister, you discussed the Marine and Ports Services more generally, listing a hist ory of services dating back to the 1980s. With those services in mind, can you assist us with information on the situation in St. George’s, with the Viking Orion in St. George’s , please?
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: If the Member could clarify what about the Viking Orion? What services?
Mr. Scott PearmanSorry. I apologise if I was not sufficiently clear. As the Minister will be aware, the Viking Orion is not stopping in St. George’s as part of its homepor ting efforts which, to the Minister’s credit, I understand are ex tending. Could you just assist with any information that the …
Sorry. I apologise if I was not sufficiently clear. As the Minister will be aware, the Viking Orion is not stopping in St. George’s as part of its homepor ting efforts which, to the Minister’s credit, I understand are ex tending. Could you just assist with any information that the House should be aware of as to why 1728 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Viking is not going to be stopping in St. George’s, and what steps if any the Ministry has done in relation to that?
Hon. W. Lawrence Scott: All right. So it is mainly down to four main reasons. The weather conditions, which provided an uncomfortable experience for guests; guests having issues and concerns with boarding and de- boarding the tender out at the ocean, out in the Murray’s Anchorage; also a cost. It w ould be helpful for the House to note that on Fridays it would cost $9,855 for the Friday tender, and $17,520 for the tender on the Saturday. So in addition to that, it was a waiting time of up to 90 minutes for the tender awai ting dock space. Also, the r amp we needed at the dock space for the customers who are, on average, 80 years old or older on the Viking, the ramp did not offer a smooth trans ition from the tender to the dock, and that was also something that the customers replied made things awkward f or them.
The SpeakerThe SpeakerMP, before you try to put a supplementary to that, let me just say that the answer that the Minister just gave you was a courtesy. Nothing in the question or his response related to the refit pr ogramme, which is what his Statement was about. Take it as a …
The SpeakerThe SpeakerIf you have a third question that does relate to the Statement, you can put your third question.
Mr. Scott PearmanNo. I think the Minister’s Stat ement was extremely informative for the House and the public, Mr. Speaker. I am grateful for his Statement.
The SpeakerThe SpeakerThank you. Minister, you have a second Member who wants to put questions to you. And that is MP Dunkley. MP Dunkley, would you like t o put your questions now? QUESTION 1: MARINE AND PORTS SERVICES FERRY RETROFIT PROGRAMME Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the …
Thank you. Minister, you have a second Member who wants to put questions to you. And that is MP Dunkley. MP Dunkley, would you like t o put your questions now?
QUESTION 1: MARINE AND PORTS SERVICES FERRY RETROFIT PROGRAMME
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister: Is the pilot boat St. David currently overseas for refit or repair at this present time?
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: Yes, it is. Yes, it is.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Michael H. Dunkley: Can the Minister give an overview of t he work that is required and why? Hon. W. Lawrence Scott: Actually the overview of the work is still being assessed as to exactly what needs to be done. But it is anticipated that the work …
Yes.
SUPPLEMENTARY
Hon. Michael H. Dunkley: Can the Minister give an overview of t he work that is required and why? Hon. W. Lawrence Scott: Actually the overview of the work is still being assessed as to exactly what needs to be done. But it is anticipated that the work necessary will take up to four to eight weeks to co mplete.
The Sp eaker: Second supplementary?
Hon. Michael H. Dunkley: Second supplementary,
Mr. Speaker.
The SpeakerGo ahead. Hon. Michael H. Dunkley: Why is it necessary that the work is done at this time? Hon. W. Lawrence Scott: It is necessary for the work to be done at this time because the vessel is inoper able to be able to resume its duties in its current …
The SpeakerThe SpeakerOkay. Second question? Hon. Michael H. Dunkley: Yes, second question, Mr. Speaker.
The SpeakerThe SpeakerGo ahead. QUESTION 2: MARINE AND P ORTS SERVICES FERRY RETROFIT PROGRAMME Hon. Michael H. Dunkley: Can the Minister please provide the reasons why the vessel is inoperable at the present time?
The SpeakerThe SpeakerMinister. Hon. W. Lawrence Scott: It was involved in an inc ident which is in the p ublic domain. Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? Yes. Bermuda House of Assembly SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes, Mr. Speaker. Is there any rough estimate of how much the work will cost? Hon. W. Lawrence Scott: The es timate of the work is going to cost approximately $600,000, which will be covered by insurance. And the …
Supplementary? Yes.
Bermuda House of Assembly SUPPLEMENTARIES
Hon. Michael H. Dunkley: Yes, Mr. Speaker. Is there any rough estimate of how much the work will cost? Hon. W. Lawrence Scott: The es timate of the work is going to cost approximately $600,000, which will be covered by insurance. And the only thing that will come out of the government’s pocket would be the deductible.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Yes, in regard to the i nsurance.
The SpeakerThe SpeakerSecond supplementary? Hon. Michael H. Dunkley: Yes, correct, Mr. Speaker. In relation to the insurance claim, what is the level of the deductible? Hon. W. Lawrence Scott: It will be $10,000. Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
Mr. Scott PearmanWhen does the Honourable Mi nister anticipate that the St. David will be back in oper ations? Hon. W. Lawrenc e Scott: In four to eight weeks.
The SpeakerThe SpeakerThank you. Thank you, Minister. There are no further questions for you on this one. The next Statement that has questions this morning would b e the Statement of the Minister of Works. Minister of Works, you have questions this morning from MP Dunkley. MP Dunkley, would you like to …
Thank you. Thank you, Minister. There are no further questions for you on this one. The next Statement that has questions this morning would b e the Statement of the Minister of Works. Minister of Works, you have questions this morning from MP Dunkley. MP Dunkley, would you like to put your question?
QUESTION 1: FOURTH UPDATE ON STIMULUS PROGRAMME
Hon. Michael H. Dunkley: Thank you, Mr. Speak er. I thank the Honourable Minister for the Statement on the stimulus projects. To the Honourable Minister: I note in the Statement, I believe there was no mention of any work on the Railway Trail. In light of the fact that the Rai lway Trail is used more and more nowadays, and I am aware of at least one senior having a nasty fall because of the uneven surface and the high grass, is there any intention by the Minister and the department to include Railway Trail upkeep in this stimulus pr ogramme?
The Speake r: Okay. Minister.
Lt. Col. Hon. David A. BurchMr. Speaker, not at this time. The Parks staff are paid overtime on weekends to address the Railway Trail. I and they get reg ular calls [about] areas in need of attention, so I would invite the MP to share that information and we will get it onto the list.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: I thank the Minister for that. Second question, Mr. Speaker.
The SpeakerThe SpeakerGo ahead. QUESTION 2: FOURTH UPDATE ON STIMULUS PROGRAMME Hon. Michael H . Dunkley: Can the Minister provide the number of jobs provided to date in the stimulus programme? [Pause] 1730 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly The Speaker: I think the Minister is looking …
The SpeakerThe SpeakerOkay. The Minister is undertaking to get the answer for you. Hon. Mich ael H. Dunkley: Thank you, Mr. Speaker. I would be indebted in that regard.
The SpeakerThe SpeakerThank you. Any more questions? Hon. Michael H. Dunkley: No, Mr. Speaker. But I do not know if this is the appropriate time. The last sitting, the Honourable Minister of Health committed to get back to me on three questions in regard to the travel authorisation form.
The SpeakerThe SpeakerOkay. We will make note of that again. Thank you. Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
The SpeakerThe SpeakerMinister of Works, you hav e a further Member who would like to put questions to you. MP Cannonier, would you like to put your question? QUESTION 1: FOURTH UPDATE ON STIMULUS PROGRAMME
Mr. L. Craig CannonierYes. Thank you, Mr. Speaker, and good morning to all. Taking into light on page 1 where the Minister has on this occasion and previous occasions mentioned that this was a stimulus programme that they have put in place, and then on page 2 taking a look at the nine …
Yes. Thank you, Mr. Speaker, and good morning to all. Taking into light on page 1 where the Minister has on this occasion and previous occasions mentioned that this was a stimulus programme that they have put in place, and then on page 2 taking a look at the nine projects currently going on, my first question then is, Amongs t these projects, do they require special expertise? And I ask that question for a reason. But do any of these projects require any particular special expertise that Works and Engineering is not capable of doing?
Lt. Col. Hon. Dav id A. BurchI would say that in some cases the answer would be, it is called stimulus because we had a significant reduction in our capital accounts expenditure for 2021. And so some of the work that is being done is done regularly by Public Works staff. So what we are doing …
I would say that in some cases the answer would be, it is called stimulus because we had a significant reduction in our capital accounts expenditure for 2021. And so some of the work that is being done is done regularly by Public Works staff. So what we are doing is taking advantage of the opportunity for extra funding to get that work done by the [contractors]
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY
Mr. L. Craig CannonierYes, supplementary. So bearing that in mind, financially does the Minister believe that we are not doubling on our ex-penses by having Works and Engineering facilities not being able to get to the work, or they should be doing the work, I should say? Let me just rephrase that. Based …
Yes, supplementary. So bearing that in mind, financially does the Minister believe that we are not doubling on our ex-penses by having Works and Engineering facilities not being able to get to the work, or they should be doing the work, I should say? Let me just rephrase that. Based on what he just said, does he believ e that some of the work in the schedule that Works and Engineering has, can they fulfil some of this work? Like for instance, roadside vegetation removal —I would have thought that this is a regular thing that Works and Engineering does. Is this because, sc hedule-wise, they are not able to get to these projects?
Lt. Col. Hon. David A. BurchThat would be correct. We were reduced. We have also had a freeze in a number of jobs into our government. And so we are not filling those posts . So what that means is that as an example, the road crews or the parks crews are still carrying out …
The SpeakerThe SpeakerMinister, I think you may have frozen. You may have frozen for a minute there. Continue on; you ar e back now.
Lt. Col. Hon. David A. BurchSo the answer is yes. [INAUDIBLE ] for the reason of new posts causes us not to be able to get to the regularly scheduled work of cutting school fields and roadside work. And so this is assisting in that regard.
The SpeakerThe SpeakerOkay. Bermuda House of Assembly QUESTION 2: FOURTH UPDATE ON STIMUL US PROGRAMME
Mr. L. Craig CannonierConsidering the fact that we are attempting to save monies on one side, but yet we are spending on the other side, I am just trying to fi gure out where the balance is here to the taxpayer. [Pause]
The SpeakerThe SpeakerThe question is, you are trying to get a . . .
Mr. L. Craig CannonierYes. So if we are saving money because of budget -wise and we do not want to fill posts that will allow us to get these jobs done and that is a measure that has been taken by the Finance Ministry as well as the Works and Engineering Mini stry …
Yes. So if we are saving money because of budget -wise and we do not want to fill posts that will allow us to get these jobs done and that is a measure that has been taken by the Finance Ministry as well as the Works and Engineering Mini stry to cut back, on the other hand we are then saying that we are going to take monies from another area and spend those monies to do these projects. Where is the benefit to the taxpayer here? On the one hand we are saying we are saving money, but on the other hand we are spending money.
Lt. Col. Hon. David A. BurchMr. Speaker, the sti mulus package is as a direct result of COVID -19 and the number of people who are unemployed . So what we have done is put to the Ministry of Finance a pr oposal to improve the infrastructure and employ people from the private sector to …
Mr. Speaker, the sti mulus package is as a direct result of COVID -19 and the number of people who are unemployed . So what we have done is put to the Ministry of Finance a pr oposal to improve the infrastructure and employ people from the private sector to assist in that regard. The Ministry of Finance gave us a figure of $13 million that we could use in order to be able to do that. And so we are striking the balance in the sense that we would have a significant number of people who are unemployed as a result of COVID -19. And the Government, having spent, I think it is well over $60 million in u nemployment —
[Pause]
An Hon. Member An Hon. MemberI think we lost the Minister again.
The SpeakerThe SpeakerSupplementary . Go ahead. SUPPLEMENTARY
Mr. L. Craig CannonierYes. Bearing the answer in mind, has the Ministry looked at the scheduling of works and maybe revamped that to see how it can be more effective if in fact they are not able to hire, if in fact we are look ing to go outside of the regular scope …
Yes. Bearing the answer in mind, has the Ministry looked at the scheduling of works and maybe revamped that to see how it can be more effective if in fact they are not able to hire, if in fact we are look ing to go outside of the regular scope of Works and Engineering, and get others to do this here? Are there ways that we can find efficiencies of producing more with a new type of schedule? You know, we tend to just go off of what we have been doing in the past. I am just curious as to whether or not the Minister has been able to find a way of being more efficient with scheduling to allow for work to get done?
The SpeakerThe SpeakerMinister. [No audible response]
The SpeakerThe SpeakerOkay. Let us just defer that for now, because the Minister is obviously having technical issues. If we can get them resolved before we co mplete, we will come back to that. Okay, Members, if you do not mind?
The SpeakerThe SpeakerThe next Statement that has questions this morning is the Statement from the Minister of S ocial Development and Seniors. Minister, MP Jackson would like to put a ques tion to you. QUESTION 1: HUMAN RIGHTS COMMISSION ANNUAL REPORT 2020
Ms. Susan E. JacksonThank you, Mr. Speaker. My question to the Minister is, How are the Minister and the Human Rights Commission working to improve or amend legislation to address this high percentage of complaints by those living with disabil ities?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Thank you, Member, for that question. If the Member notes in the annual report — well, actually in my report I made, that actually 90 per cent of the issues or complaints that were made through the Human Rights Commission were r e1732 16 Jul y …
Minister.
Hon. Tinee Furbert: Thank you, Member, for that question. If the Member notes in the annual report — well, actually in my report I made, that actually 90 per cent of the issues or complaints that were made through the Human Rights Commission were r e1732 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly solved. So if she can be more specific with her question?
The SpeakerThe SpeakerOkay. MP, the Minister has asked if you can direct it, define your question better so she can provide an a nswer for you that would be fitting.
Ms. Susan E. JacksonThank you, Mr. Speaker. Maybe just a supplementary clarification then. Is it possible for the Minister to share just a general category of what these complaints are around? Is it employment? Is it harassment? What those complaints are in general?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Sorry, Mr. Speaker. Yes, that information again is in the annual report. I can give you the page on which that information can be found, and that is page 21 of the annual report.
Ms. Susan E. JacksonThank you, Minister. I will take note. And having it just having been tabled this morning, I have not had a chance to have a look. So I have made note. Thank you. Hon. Tinee Furbert: You are welcome.
The SpeakerThe SpeakerAny further questions? None. Minister, you also have questions from MP Pearman. MP Pearman, would you like to put your question? QUESTION 1: HUMAN RIGHTS COMMISSION ANNUAL REPORT 2020
Mr. Scott PearmanThank you, Mr. Speaker. Thank you, Honourable Minister. Honourable Minister, at page 2 of 4 of your Statement to the Honourable House today, you ident ified one of the Commission’s duties as carrying out “consultations to support the evolution of legislation, just practices and policies in support of human rights …
Thank you, Mr. Speaker. Thank you, Honourable Minister. Honourable Minister, at page 2 of 4 of your Statement to the Honourable House today, you ident ified one of the Commission’s duties as carrying out “consultations to support the evolution of legislation, just practices and policies in support of human rights compliance.” In the report that you tabled, on page 43, the Human Rig hts Commission identified concerns that they have where the homeless were among those most at risk from changes to the law to limit freedom of movement to combat COVID -19. My question is this: What legislative steps are envisaged by the Government in respect of the con-cern identified by the Human Rights Commission r egarding homelessness in Bermuda?
The SpeakerThe SpeakerMinister. Hon. Tinee Furbert: Thank you, Member. I do not have that information on me as far as information from the Human Rights Commission. But I can get that i nformation to you. But the Government is working on initiatives to address issues with the homelessness. And that information will …
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARIES
Mr. Scott PearmanThank you. Honourable Minister, by “very soon,” does that mean a matter of weeks or months or — Hon. Tinee Furbert: I cannot give you a specific date at this time, Member. But I am hoping within a couple of months.
The SpeakerThe SpeakerSecond supplementary. Continue.
Mr. Scott PearmanThank you, Honourable Minister. Are you able to share with this Honourable House in very broad terms what that le gislation will be that we will be dealing with? Hon. Tinee Furbert: So there is in fact no legislation, Member, that we will be working towards, but more so of …
The SpeakerThe SpeakerGo right ahead. Put your second question. QUESTION 2: HUMAN RIGHTS COMMISSION ANNUAL REPORT 2020
Mr. Scott PearmanHonourable Minister, in the same vein but more specifically, also at page 43 of the r eport, the Commis sion references that they undertook an independent review of the legislation from this perspective. That was the exercise of powers by the government officials under the emergency coronavirus legislation. Is that …
Honourable Minister, in the same vein but more specifically, also at page 43 of the r eport, the Commis sion references that they undertook an independent review of the legislation from this perspective. That was the exercise of powers by the government officials under the emergency coronavirus legislation. Is that an independent review that is in the public domain? Page 43 of the report, Honourable Minister.
Hon. Tinee Furbert: Yes. If you can give me a minute to get that information?
Bermuda House of Assembly Mr. Scott Pearman: Yes. It is the bottom left par agraph, if that assists.
[Pause] Hon. Tinee Furbert: So I do not have t he information. I am trying to get it from technical officers. But I can provide that information to you, Member.
The SpeakerThe SpeakerThe Minister is going to take an undertaking to get the information to you later.
Mr. Scott PearmanThat would be great. Hono urable Minister, I understand that this undertaking is to provide the independent reviews to me, or just to answer my question? Hon. Tinee Furbert: I will check with the Human Rights Commission to see whether the information can be shared. And if it can be …
That would be great. Hono urable Minister, I understand that this undertaking is to provide the independent reviews to me, or just to answer my question?
Hon. Tinee Furbert: I will check with the Human Rights Commission to see whether the information can be shared. And if it can be shared, I can definitely share that information with you, by way of your ques-tion.
Mr. Scott PearmanI am grateful, Honourable Mini ster. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Members, that actually brings us to a close of questions this morning. I think that the Minister of Works is still having a technical problem, so it would probably be wise not to try and get that final answer from him. With the House’s indulgence in that, …
Thank you, Member. Members, that actually brings us to a close of questions this morning. I think that the Minister of Works is still having a technical problem, so it would probably be wise not to try and get that final answer from him. With the House’s indulgence in that, I would appreciate it. So we will now move on.
CONGRATUL ATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member wish to make a contribution in that regard?
Some Hon. Members Some Hon. MembersMr. Speaker, I would. Mr. Speaker. Mr. Speaker.
The SpeakerThe SpeakerMP Weeks, you have your three minutes.
Mr. Michael A. WeeksGood morning to you, Mr. Speaker. Good morning to my colleagues, and good morning to Bermuda. Mr. Speaker, I take this opportunity this mor ning to ask this Honourable House to join me in saying good- bye, so long and thank you to Ms. Lynn Outerbridge. Most people are asking …
Good morning to you, Mr. Speaker. Good morning to my colleagues, and good morning to Bermuda. Mr. Speaker, I take this opportunity this mor ning to ask this Honourable House to join me in saying good- bye, so long and thank you to Ms. Lynn Outerbridge. Most people are asking about this time, Who is Ms. Lynn Outerbridge? If you have gone to DeGraff’s restaurant or Byrdies Café, as we now know it over the last decade —
Hon. Diallo V. S. Rabain : Associate me, Mr. Speaker.
An Hon. Member An Hon. MemberAssociate me, Mr. Speaker.
The SpeakerThe SpeakerMr. Weeks, it sounds like you are going to be associating the House, it sounds like. There are many Members who have visited that facility over the years.
Mr. Michael A. WeeksYes. I will definitely associate the whole House, Mr. Speaker. Ms. Outerbridge, as she is known by many of us as Auntie, Aunt Lynn, Ms. DeGraff, Byrdie or ho wever we have gotten to know her, she is retiring today after 51 years, Mr. Speaker. And I would encourage anybody …
Yes. I will definitely associate the whole House, Mr. Speaker. Ms. Outerbridge, as she is known by many of us as Auntie, Aunt Lynn, Ms. DeGraff, Byrdie or ho wever we have gotten to know her, she is retiring today after 51 years, Mr. Speaker. And I would encourage anybody who has gotten a hamburger or a beef pie or a fishcake or fries from her over these last five decades to stop by today and say good- bye. Because I think that today is d efinitely her last shift, Mr. Speaker. You know, she has certainly served me and others from Central School as children right up to adulthood. And she is going to be missed. So I encourage ever yone to pop by today even for a minute. Even those who are on diets, I can’t eat no fries or fishcakes today, just say Hi and Bye and Thank you to Ms. Lynn Outerbridge. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member?
The SpeakerThe SpeakerMP Simmons -Wade, you have your three minutes.
Mrs. Ianthia Simmons -WadeYes, good morning, Mr. Speaker. I would like to extend my condolences to the family of the late Sandra Wade [Allen] , as we all know, of the Progressive Labour Party. She was the daug hter of Wilfred Mose Allen, who in 1963 founded the PLP, which actually helped to …
Yes, good morning, Mr. Speaker. I would like to extend my condolences to the family of the late Sandra Wade [Allen] , as we all know, of the Progressive Labour Party. She was the daug hter of Wilfred Mose Allen, who in 1963 founded the PLP, which actually helped to reshape the Bermuda that we know today. Like her father, Ms. Allen did not mince her words. She was a fearless leader, and she stood strong for nursing and for the elder ly. She was also a trailblazer, being one of the first Black nurses to come back to Bermuda. She was also a midwife. Ms. Allen held many leadership positions at the hospital, including through the act of nursing for the Extended Care Unit, also as an evening night co1734 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly ordinator. In Bermuda time, it is very interesting in 1987 one of the things that she said, The Extended Care Unit was not a place to die. The most important thing is for our seniors to be with their families when the time comes and to stay at home. And that is the exact same message that we are trying to give to fam-ilies through the Ageing Well Committee today. She saw the establishment of the Extended Care Unit, the Alzheimer’s Unit. She also worked with Jackie Swan to help with the major upgrade in 1991 of the Extended Care Unit. She was a mentor to many, including me, at the Bermuda Hospitals Board. She was always available to give advice, to give support and to give encouragement. She had many health issues to the end, but she was a fight er to the very, very end. Bermuda should be honoured to have such a strong and passionate nurse serving the people of today. Thank you. I would also like to extend my condolences [sic] to my stepdaughter, Michelle Wade, who celebrates 30 years with Teen S ervices this week.
The SpeakerThe SpeakerYou give congratulations to her.
The SpeakerThe SpeakerMP Pearman, you have your three minutes.
Mr. Scott PearmanThank you, Mr. Speaker. I would just like to share with this Honourable House the sad loss of Pauline Powell, who was a constituent of mine. Ms. Powell worked at the National Trust for many, many years. And with your leave, Mr. Speaker, I would just like to read two …
Mr. Scott PearmanThe first is from the technical officer, Ms. Karen Border, who said this: “Pauline was the smiling public face of the water bill for many years and an absolute treasure to the Trust. She will be greatly missed by all who had the pleasure of knowing her.” [UNVERIFIED QUOTE] A …
The first is from the technical officer, Ms. Karen Border, who said this: “Pauline was the smiling public face of the water bill for many years and an absolute treasure to the Trust. She will be greatly missed by all who had the pleasure of knowing her.” [UNVERIFIED QUOTE] A further comment, Mr. Speaker, from Amanda Outerbridge, previously the Executive Director of the Trust, who said this about Pauline: “Pauline contributed enormously to the Trust, and she was wonderful to work with, always profes-sional and calm with a great sense of humour. She provided vital support to the entire team, notably operationally with revenue collection, administration and fundraising events. She was particularly good with people, including members and volunteers. She was devoted to the work of the Trust and passes on to her family, including her husband John, who was also a valuable supporting volunteer for the Trust.” [UNVE RIFIED QUOTE] Mr. Speaker, when I firs t met Mr. and Mrs. Powell, I was canvassing. I remember how they both said to me, and I hope that this is not too light in the context, but they were sick of politicians and they would never be voting again. Mr. Speaker, I can say that on Election Day both of them turned up to the voting booth, to the polling station. I have no idea how they voted or whether they voted. But they arrived, they went in and they came out. And my heartfelt, si ncere condolences to Mr. Powell for this very significant loss. And t hanks to Ms. Powell in memoriam for all of the work she did for the National Trust and for Berm uda as a whole. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerDeputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I would like for this House to send condolences out to the family of Ms. Inez Caesar, who passed this week. Ms. Caesar will be sorely missed by her daughter, Altama; and sons, Lynn, Dale and Garn. Also, I would like to …
Yes.
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I would like for this House to send condolences out to the family of Ms. Inez Caesar, who passed this week. Ms. Caesar will be sorely missed by her daughter, Altama; and sons, Lynn, Dale and Garn. Also, I would like to send condolences to the family of Ms. Donna Jacobs. She was the daughter of Sylvia and George Francis. And her daughter, Che lsea, who i s left to mourn her loss. Mr. Speaker, I also would like to send out condolences to [the family of Charles] Leroy Riley, the hotel man who passed and will be funeralised tomorrow. Mr. Riley, as you all know, was a very astute per-son, a freedom fighter. In fact, many years ago Mr. Riley was fired from the hotel for trying to organise the workers to join the Bermuda Industrial Union. But he lived on and worked on. You can never leave Mr. R iley and not be sure where his allegiance lay.
An Hon. Member An Hon. MemberI woul d like to be associated. Bermuda House of Assembly The Speaker: Yes. Hon. Derrick V. Burgess, Sr.: He was a stalwart of the Bermuda Industrial Union and a stalwart of the Progressive Labour Party. Mr. Riley will be sorely missed by all who knew him. And as I …
I woul d like to be associated.
Bermuda House of Assembly The Speaker: Yes.
Hon. Derrick V. Burgess, Sr.: He was a stalwart of the Bermuda Industrial Union and a stalwart of the Progressive Labour Party. Mr. Riley will be sorely missed by all who knew him. And as I told one of his grandsons, Oscar, any person would be proud to call Mr. Riley their grandpa, and they would love to have had a person like him —a very astute, principled freedom fighter for the people of this country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. We endorse that as well. Any other Member who would like to make a contribution at this time?
Some Hon. Members Some Hon. MembersYes, Mr. Speaker. Mr. Speaker!
The SpeakerThe SpeakerI am hearing two voices. I think it is Neville Tyrrell. Is that your voice?
The SpeakerThe SpeakerOkay. MP Tyrrell, you have your three minutes.
Mr. Neville S. TyrrellThank you very much, Mr. Speaker. Mr. Speaker, I would sadly ask if the House could at this time send condolences to two families with recent passings. The first one is Althea Madre Lightbourne, who actually is the sister of a very good friend of mine, Marshall Minors. And I …
Thank you very much, Mr. Speaker. Mr. Speaker, I would sadly ask if the House could at this time send condolences to two families with recent passings. The first one is Althea Madre Lightbourne, who actually is the sister of a very good friend of mine, Marshall Minors. And I know her son, I am associated with her son, Jerome, as well. Althea attended the church that I attend, and we saw each other regularly. And she will certainly be missed by many persons. The second family would be the family of Mary Simmons, of Pearman’s Hill, one of my former constituents, the wife of Kennedy Simmons. I ask that condolences be sent to the family as well. I certainly , Mr. Speaker, want to be associated with the condolences for Mr. Riley, who was a family friend of ours. And I certainly associate as well. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerYes, MP Cannonier. You have your three minutes.
Mr. L. Craig CannonierYes, Mr. Speaker. I just want to send out condolences to a good friend of mine who has been involved in my political career since I started, Bobby Baron. His wife just passed away. They have been invaluable to myself as I began to get involved in this whole thing …
Yes, Mr. Speaker. I just want to send out condolences to a good friend of mine who has been involved in my political career since I started, Bobby Baron. His wife just passed away. They have been invaluable to myself as I began to get involved in this whole thing called politics. And it is sad to see that his wife had passed on. It has been a long battle for him, and to a certain degree he has felt a bit of relief because his wife was suffering for so long. So our condolences go out to Bobby Baron in reference to his lovely wife, Julie, who passed.
The SpeakerThe SpeakerThank you. Would any other Member wish to make a contribution? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader. Hon. N. H. Cole Simons: Mr. Speaker, I would like to associate myself with the comments made in regard to Pauline Mary Powell and Althea Madre Lightbourne, whom I have known for many, many years. And Sandra [Wade] Allen. She w as a loving, committed person in the …
Opposition Leader. Hon. N. H. Cole Simons: Mr. Speaker, I would like to associate myself with the comments made in regard to Pauline Mary Powell and Althea Madre Lightbourne, whom I have known for many, many years. And Sandra [Wade] Allen. She w as a loving, committed person in the health community. I met her. She was the matron at Matilda Smith, and she took care of my grandmother. I would tell you she is worldclass and committed to her profession. And then we became close in regard to family me mbers as a result of her relationship with my grandmother. Mr. Speaker, I would like to also send congratulatory remarks to some young people. They are Mia Oleksak. She achieved perfection in regard to her IB [International Baccalaureate] results. She got 45 out of 45. Elle Rouja got 42 out of 45. Hailey O’Donnell [INAUDIBLE]. Genevieve Lau got 40, and Leahnae Morton- Richardson also got 40. Mr. Speaker, the cumulation of these young people’s achievement places them in the 0.09 percentile of IB candidates around the world. These students who took the exam this year basically totalled 170,000 around the world, and our Bermudian students were amongst the top in the world. And this is not a one- off achievement for Bermudian students. So I would like to commend these youngsters. And for our other Bermudians, keep up the good work. They have been working through tenuous circumstances. So I would like to send congratulatory remarks to these students, to their teachers and to their parents. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to make a contribution? Hon. Walter H. Roban: Yes, Mr. Speaker.
The SpeakerThe SpeakerDeputy Premier, you have your three minutes. Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very muc h. 1736 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly I wish to be associated with the condolences for Ms. Sandra Allen. Most certainly her lineage is known to …
Deputy Premier, you have your three minutes. Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very muc h. 1736 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly I wish to be associated with the condolences for Ms. Sandra Allen. Most certainly her lineage is known to every PLP -associated person. She was a fine Bermudian whom I did get to know. Certainly it is important that we give recognition to her and her fa mily on her passing. I would also definitely like to be associated with the condolences given for Mr. Charles Leroy R iley, as offered by the Deputy Speaker. Mr. Riley was a hero of mine. He was somebody whom I would have known through not only my political life, all political life, but even predating my entrance into active pol itics because I saw him as somebody of great cour age, someone of great eloquence and someone of knowledge. He was also an extremely kind person, offering his counsel to me as a young person, and I know he offered it to many. He was a hero of the l abour movement and certainly a hero of the Progres-sive Labour Party and myself. So, my condolences to his family and to all of those who were a part of Mr. Riley’s circle, and certainly the Hamilton Parish com-munity where he lived. Certainly, that is where I would go and see him. And certainly, condolences to the Hamilton Parish community as well for his passing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy Premier. Does any other Member wish to make a contribution at this time?
Some Hon. Members Some Hon. MembersYes, good morning, Mr. Speaker. Mr. Speaker.
The SpeakerThe SpeakerI will take ladies first. I was not sure of the male’s voice, but I heard a lady’s voice that time. I believe it was the Minis ter of National Security? Hon. Renee Ming: Yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerMinister, you have your three minutes. Hon. Renee Ming: Surely. Mr. Speaker, I would like to use my time today to convey some really good news. An old schoolmate of mine who has been involved in hospitality for quite some time has recently been promoted to the Director of Food …
Minister, you have your three minutes.
Hon. Renee Ming: Surely. Mr. Speaker, I would like to use my time today to convey some really good news. An old schoolmate of mine who has been involved in hospitality for quite some time has recently been promoted to the Director of Food and Beverage at the Hamilton Princess Hotel. He is a young man by the name of Shawn Lekki. He was in my year at the Berkeley. And our team and our alumni are extremely proud of him because we know how hard and how long he has worked within this field. And to see him rise like this, and a Bermudian at that, we are very proud of him. So I am extending congratulations to Shawn Lekki on his recent prom otion. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Famous, you have your three minutes, sir.
Mr. Christopher FamousYes. Good morning to the people of Bermuda. I first want to join in with the condolences to the Riley family. Mr. Riley, as the Deputy Premier said, was a hero of mine as well. Often on the radio show with MP Swan, he used to call in. And he …
Yes. Good morning to the people of Bermuda. I first want to join in with the condolences to the Riley family. Mr. Riley, as the Deputy Premier said, was a hero of mine as well. Often on the radio show with MP Swan, he used to call in. And he would say, Hey, Mr. Riley, how are you doing? He would say, I am normal. And then he would go on to give some words of wisdom in his eloquent way. I also want to give condolences to the family of Ms. O’Brien of Loyal Hill, who is the mother of —
The SpeakerThe SpeakerYou can ass ociate yourself because that was done at an earlier sitting. But go ahead and associate yourself.
Mr. Christopher FamousI associate myself with that. Lastly, Mr. Speaker, I would like to give a shout -out. Often the people in the background get left behind when it comes to congratulations. I want to thank the people who work processing the TA [Travel Authorisation] forms. Because in travels recently, I have …
I associate myself with that. Lastly, Mr. Speaker, I would like to give a shout -out. Often the people in the background get left behind when it comes to congratulations. I want to thank the people who work processing the TA [Travel Authorisation] forms. Because in travels recently, I have had to interact with them on behalf of myself and others and they have always done what they had t o do to ensure that Bermudians and visitors are able to reach our shores safely and meet the requirements. Also, to the health care workers down at the airport and those who work at Perot and at Bull’s Head and Star of India up in . . . your neck of the woods. And lastly, Mr. Speaker, I want to thank the people of Somerset because I went up there this week on my last trip before the Cup comes home, and they said, We’ll see you in two weeks’ time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThe Cup will visit f or two days; I agree.
The SpeakerThe SpeakerThank you for your contribution, Member. Does any other Member wish to make a comment? Hon. Tinee Furbert: Mr. Speaker. Bermuda House of Assembly The Speaker: Yes, Minister Furbert, you have yo ur three minutes. Hon. Tinee Furbert: Yes. Thank you, Mr. Speaker. I also would like to be associated …
Thank you for your contribution, Member. Does any other Member wish to make a comment?
Hon. Tinee Furbert: Mr. Speaker.
Bermuda House of Assembly The Speaker: Yes, Minister Furbert, you have yo ur three minutes.
Hon. Tinee Furbert: Yes. Thank you, Mr. Speaker. I also would like to be associated with the comments and condolences for Ms. Althea Lightbourne, commonly known as Ms. Althea Overbey. I have to say that because Ms. Overbey gave many years to Government working with the special needs community, particularly at the KMCC [K. Margaret Carter Centre] school. So I just want to send sincere condolences to [the family of] Mrs. Lightbourne, nee Overbey, her family and just to thank her for the numerous years and love and dedication that she gave to the clients, especially the population and the clients of the K. Margaret Carter Centre. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution?
The SpeakerThe SpeakerGo right ahead. You have your three minutes.
Lt. Col. Hon. David A. BurchMr. Speaker , I wish to be associated with the condolences to the family of Mr. Leroy Riley, who I think was a mentor to many of us, and spoke wisdom. I would also like congratulations to be sent to a constituent of mine, Mr. Speaker, Ms. Edith Lorraine Douglas, …
Mr. Speaker , I wish to be associated with the condolences to the family of Mr. Leroy Riley, who I think was a mentor to many of us, and spoke wisdom. I would also like congratulations to be sent to a constituent of mine, Mr. Speaker, Ms. Edith Lorraine Douglas, who [INAUDIBLE ] coming goes 100 years old. She has all of her faculties, and she has an opi nion on what is going on in the country. She is not afraid to share those views with her MP. I think the only way I got in, Mr. Speaker, when I first canvassed, she did what old- fashioned Bermudians do—Who are your parents? [Laughter]
Lt. Col. Hon. David A. BurchAnd when I told her that I was the son of Ellis Burch, whom she knew, I was in like Flynn. So I shall be visiting on Sunday. But she is a sprightly 100- year-old, and I wish her the warmest of congratulations. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Thank you, Minister. Does any other Member wish to make a contribution? Hon. E. David Burt: Mr. Speaker. The Speaker: Mr. Premier, you have your three minut es. Hon. E. David Burt: Let me try and get my video right and sorted. Can you hear me?
The SpeakerThe SpeakerWe hear you. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, first I would like to be associated with the condolences that have been offered t oday for Mr. Charles Leroy Riley and of course would ask the Honourable House to send a letter of condolence to his …
We hear you.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, first I would like to be associated with the condolences that have been offered t oday for Mr. Charles Leroy Riley and of course would ask the Honourable House to send a letter of condolence to his family, his children, Deborah and Charles, and to their children —grandchildren and extended family. Certainly Mr. Riley was an uncompromising warrior for labour and also for the Bermuda Progressive Labour Party. And as many Members have spoken, he could be heard regularly on the radio showing his support for the Progressive Labour Party and the policies of the Progressive Labour Party and labour. He was fearless and unwavering in his support at all times. Certainly the labour movement has lost a stalwart; the Progressive Labour Party has lost a stalwart. And that is something that we certainly regret. Mr. Speaker, I would also like to be assoc iated on a brighter note with the notes of congratulations which were sent by the Minister of National Security, the Honourable Member from constituency 1, to one of my constituents, Mr. Shawn Lekki, who has now officially been appointed as the Food and Be verage Manager for our largest hotel which is currently operating on Island, the Hamilton Princess and Beach Club. Mr. Speaker, Mr. Lekki, as I said, is a consti tuent of mine. Mr. Lekki is an example of what we are trying to make sure that we accomplish i n tourism in this country. In 2017 the Progressive Labour Party had a mantra of putting Bermudians first, and it is personally for myself and for this Government a joy to see that the work of which we put in place to ensure that Bermudians are given their rightful place inside the Tourism Ministry has resulted in this move of Shawn being confirmed as Director of Food and Beverage for the Hamilton Princess and Beach Club, Mr. Speaker. So, I wish to congratulate him, and certainly his family. It is well deser ved without question. At any point in time if you get to meet Mr. Lekki inside of his element at the Hamilton Princess and Beach Club, it is certainly understood of the work he is doing there. And he also makes a pretty good Swizzle, too, which he shares w ith his MP from time to time.
[Laughter]
Hon. E. David Burt: Finally, Mr. Speaker, just a matter of congratulations. I do want to send out two notes of congratulations. Two young Bermudian footballers overseas are doing great things, and certainly I want1738 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly ed to congratulate Mr. Ne- Jai Tucker for his first pr ofessional contract with Burnley Football Club, an amazing achievement. Certainly Mr. Ajani Burchall, who has now moved on in signing a contract with A ston Villa in the Premier League. Also, without question—
An Hon. Member An Hon. MemberI wish to associate myself. Hon. E. David Burt: I will happily associate the entire House, Mr. Speaker. [Crosstalk]
Mr. Hubert (Kim) E. SwanI got to know him pers onally and he [INAUDIBLE ] myself. A s we came to [I NAUDIBLE] he shared with me as our relationship grew closer that it was to my great -grandmother they rose up [INAUDIBLE] and has committed to the [INAUD IBLE] ] and to the …
I got to know him pers onally and he [INAUDIBLE ] myself. A s we came to [I NAUDIBLE] he shared with me as our relationship grew closer that it was to my great -grandmother they rose up [INAUDIBLE] and has committed to the [INAUD IBLE] ] and to the Progressive Labour Party [INAUD IBLE] and should be recognised [INAUDIBLE ] many years to come.
Mr. Hubert (Kim) E. SwanMr. Speaker, I would just like to send congratulations to a family member, Charles “Charlie” “Chuck” Swan, who today newly became Mister and Missus, a full member of that fam ily. He got married today, and congratulations to Chuck. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right. Thank you. And just for the clarity on that, you are congratulating a former Member on his marriage today. Your audio got a li ttle disturbed at that point. Would any other Member wish to make a contribution? No others? No other Member. Thank you, Members, for your …
All right. Thank you. And just for the clarity on that, you are congratulating a former Member on his marriage today. Your audio got a li ttle disturbed at that point. Would any other Member wish to make a contribution? No others? No other Member. Thank you, Members, for your contributions this morning on Congratulatory and/or Obituary Speeches. We will now move on.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThere are two Bills to be introduced this morning. The first is in the name of the Minister of Finance. Minister, would you like to introduce your Bill at this time? Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 14 be suspended—
The SpeakerThe SpeakerNo, no. You can go ahead with the Bill. Hon. Curtis L. Dickinson: Thank you, sir. FIRST READING INCORPORATED SEGREGATED ACCOUNTS COMPANIES AMENDMENT ACT 2021 Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill for i ts first reading so that it …
Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill for i ts first reading so that it may be placed on the Order Paper for the next day of meeting: the Incorporated Segregated Accounts Companies Amendment Act 2021. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The second Bill this morning to be introduced is in the name of the Minister of Labour. Minister, would you like to move your Bill, i ntroduce your Bill? FIRST READING FINANCIAL ASSISTANCE EXTENSION AND VALIDATION ACT 2021 Hon. Jason Hayward: Mr. Speaker, I am introducing the following …
Thank you. The second Bill this morning to be introduced is in the name of the Minister of Labour. Minister, would you like to move your Bill, i ntroduce your Bill?
FIRST READING
FINANCIAL ASSISTANCE EXTENSION AND VALIDATION ACT 2021
Hon. Jason Hayward: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meet-ing: the Financial Assistance Extension and Validation Act 2021.
The SpeakerThe SpeakerThere are no Opposition Bills. PRIVATE MEMBERS’ BILLS
The SpeakerThe Speaker[There are] no Private Members’ Bills. NOTICE OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerThat now, Members, leads us to the Orders of today. And the first Order today is the second reading of the Development and Planning Amendment Act 2021, in the name of the Minister of Home Affairs. Minister, would you like to present your Bill? Hon. Walter H. Roban: Yes, Mr. …
That now, Members, leads us to the Orders of today. And the first Order today is the second reading of the Development and Planning Amendment Act 2021, in the name of the Minister of Home Affairs. Minister, would you like to present your Bill? Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very much. I wish to move the Bill entitled the Development and Planning Amendm ent Act 2021 be now read a second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue, Minister. BILL SECOND READING DEVELOPMENT AND PLANNING AMENDMENT ACT 2021 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I wish to introduce for the second reading the Bill entitled the Development and Planning Amendment Act 2021. The purpose of this …
Are there any objections? There are none. Continue, Minister. BILL
SECOND READING
DEVELOPMENT AND PLANNING AMENDMENT ACT 2021 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I wish to introduce for the second reading the Bill entitled the Development and Planning Amendment Act 2021. The purpose of this Bill is to 1) give the Minister the power during a national emergency to implement procedures to allow the Director of Planning to expedit e the planning application assessment and permission process; 2) provide for public consultation of an enviro nment al impact assessment for a preferred development prior to the making of a special development order; 3) provide for development orders to be made by the negative resolution procedure rather than the affirmative resolution procedure; 4) provide for the designation of privately owned land as a protected conservation area with an agreement with the owner of the land and to include a list of the protected conservation areas; and 5) provide for the publication of procedures for emergency development orders and deve lopment orders. Mr. Speaker, I must reiterate the Gover nment’s commitment to introduce sustainable planning legislation which will go further in protecting our del icate environment while streamlining measures to stimulate our economy, particularly our construction industry, and encouraging new investments. Mr. Speaker, the amendment being debated today focuses on three key areas, which I will discuss in the order that they are addressed in the Bill: 1. Emergency Development Orders 2. Special Development Orders 3. Protected conservation areas Mr. Speaker, the amendment to the Develo pment and Planning Act 1974 provides for the Minister to activate on declaration of a national emergency procedures to allow the director to expedite the pr ocessing of a planning application and approve the application to address a crisis, provided that any such decision, while fast -tracked, must not contravene any legislative or polic y directives such as building codes. Mr. Speaker, the decision to grant such an Order will only follow the declaration of a national emergency. As the amendment makes clear, a national emergency is defined by the following: a nation-al disaster such as a hurricane, flood, earthquake or similar natural disaster; a public health emergency declared by the Minister responsible for Health under 1740 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly the Public Health Act 1949; a proclamation of emergency made by the Governor under Schedule 2 to the Bermuda Constituti on Order 1968, Chapter 1, par agraph 14. Mr. Speaker, following the declaration of an emergency, an Order shall be made based on any such representation made to the Minister and follo wing consultation with the director. The granting of an Order will be subject to the negative resolution proc edure and be advertised in the official Gazette. Mr. Speaker, it bears repeating that it is not the Minister who grants the approval for emergency development. Let me repeat that, Mr. Speaker: It is not the Minister who grants approvals for emergency developments. To be abundantly clear, when the Minister issues the Emergency Development Order, it simply commences the process for the director to follow established and publicly accessible procedures to assess and make determination on developments to address a national emergency. Mr. Speaker, it is important to note that the same due process afforded to all of the planning a pplications is still applied in these cases. In fact, the director or DAB [Development Applications Board] is certainly afforded the option to refuse such an applic ation if deemed appropriate to do so. Mr. Speaker, it must be reiterated that the primary basis for supporting this aspect of the amendment is strictly to streamline the process where it has been deemed prudent to do so. Simply put, it allows the review and decision- making processes to be expedited for those rare emergency situations that the Island may face in the future. And as we enter the hurricane season, Mr. Speaker, I think certain thi ngs would be appropriate for us to prepare for. The procedures to be crafted will ensure the review process is not compromised and will demon-strate compliance with all regulatory requirements. Mr. Speaker, I now wish to discuss the impetus for the amendm ent regarding the granting of a Special Development Order (SDO). Through a stak eholder engagement with the development industry, concerns have been continuously expressed over the length of time taken to issue or amend Special Deve lopment Orders. Therefore, this amendment seeks to revise and mostly improve the current process to sup-port greater efficiency while at the same time introducing internationally recognised standards. Mr. Speaker, with the current legislation when SDOs are introduced or amended, t he Minister must wait until the House sits to table an SDO. This r equirement, based on the scheduling of the sittings of Parliament (i.e., the Legislature) has the probability to cause significant delay, which typically equates to economic ramifications that can undermine the viabi lity of a development. Mr. Speaker, in today’s compet itive world, Bermuda cannot afford to do business inef-ficiently and run the risk of losing the interest of new investment. The one thing the COVID -19 pandemic has reminded us of is that we are not immune to the consequences of international impacts. Long delays should not undermine the potential of new opportun ities. It is essential that the Bermuda planning fram ework be [INAUDIBLE ]. Mr. Speaker, it is imperative to poi nt out that currently no procedures exist to guide the process of either issuing or amending an SDO. In previous years the Department of Planning has received queries on how to commence the process. Additionally, it has been the lack of procedures that has contributed to the perceived negative reputation of SDOs. The lack of official procedures is one key shortcoming that this amendment will address. Mr. Speaker, currently the SDO process only allows for debate and approval by the Legislature. An SDO does not involve the review of the general public. The new amendment will allow for a more inclusive process that requires 21 days of public consultation, which provides more value and input than any pr ocess that would have ordinarily occurred presently or in the past, Mr. Speaker. Whilst a cursory review of the amendment might suggest that the decision - making has been relegated to the hands of only a few, the amendment will ensure that the public is engaged, consulted and considered in the approval of any SDO. Mr. Speaker, the amendment introduces three key elements: 1. An SDO proposal is advertised online for a 21-day public consultation review period. 2. An environment al impact assessment is mandated. 3. The procedures are to be drafted to set out various required st eps involved in the pr ocess. So, Mr. Speaker, not only is the requirement for public consultation for 21 days, [but also] enviro nmental impact assessment will be mandated in legi slation. That does not exist now. Mr. Speaker, these three new components col lectively allow for far more transparency, scrutiny and testing to be afforded to a proposal which reflects global best practice, which is currently not mandated here in Bermuda, not mandated in the current legislation and was not mandated in the past. Mr. Speaker, I am pleased to confirm that the required procedures are in the process of being draf ted for consideration, which will ultimately be available for public consumption upon approval via the negative resolution process. I would like to share some i nformation on what the process will detail. Mr. Speaker, first and foremost, the procedures will detail the overall process from start to finish, from applying for an SDO until the point at which it is granted. Comprehensive details will be included on the requirement of i nformation that must be submitted as part of the appl ication. Such information would include, first and for emost, the necessary studies and justification provided in the form of an environmental impact statement pr eBermuda House of Assembly pared following internat ional guidelines. This would be accompanied by full details of the development scheme. Mr. Speaker, following the receipt of the su bmission, the application would be advertised, allowing for the 21- day public consultation period. Procedures would then det ail the review process of the proposed scheme, and accompanying supporting information in addition to all representations made by the public. Finally, following review by technical staff, procedures would detail how a recommendation will be made to suppor t or not support approval. Let me just repeat that sentence, Mr. Speaker, for those who are listening: Following review by technical staff, pr ocedures would detail how a recommendation will be made to support or not support approval. It is critical to note that all such details will be publicly accessible . Mr. Speaker, I am certain you will agree that in the drafting of these amendments, we have not sac-rificed the due diligence process to ensure that development proposals are appropriately assessed in term s of social, environmental and economic impact. I nstead, we have enhanced transparency and account-ability by increasing the public engagement with the process, which does not exist now and did not exist before, Mr. Speaker. In fact, we are ensuring that our amendment and procedures meet the requirements of the UN Protocol on Strategic Environmental Asses sment to the Convention on Environment Impact A ssessment in a Transboundary Context, which defines within its objectives, Mr. Speaker, the following: “(b) Contributing to the consideration of environmental, including health, concerns in the preparation of policies and legislation; (c) Establishing clear, transparent and effective procedures for strategic environmental assessment; (d) Providing for public part icipation in strategic environmental assessment . . . .” For the information of the Honourable Members of this House and the general public, this doc ument forms part of the UK document entitled “A Green Future: Our 25 Year Plan to Improve the Environment” and can be found under Annex 3, Mr. Speaker, of the UK’s International Agreements to Protect or Improve the Environment. So we are guided by international best practice, Mr. Speaker, as I have repeatedly stated in my brief so far. Mr. Speaker, I now turn your attention to the introduction of the concept of protected conservation areas. The aim of this amendment is to offer heigh tened protection with respect to a special protected class upon which it is believed development should not be considered. A list of areas falling within the pr otected class shall be referenced in the amended Act. Such areas which are subject to landowner agreement may include, Mr. Speaker, areas of high ecological value such as nature reserves, actively cultivated arable land, sign ificantly sized swaths of wooded land, and areas supporting valuable historical and cultural access. Mr. Speaker, it is key to understand that a development plan is policy that is created via the D evelopment and Planning Act 1974. This amendment would ens ure that these areas, once protected, are enshrined in law and can only be removed by the Le gislature via the affirmative resolution procedure. Therefore, despite the cyclical changes of development plans, these protected areas will be just that — protected. Mr. Speaker, I wish to inform the Honour able House and members of the public that landowners have already expressed interest and commitment to have their land added to this list. These landowners recognise the added value of having such areas [listed] aff ords greater levels of protection. Mr. Speaker, I must also point out that the provision of enabling areas of particular value to be protected can be utilised as an additional planning tool. In the future, negotiations of development pr ojects, as in other jurisdictions, planners employ negotiation techniques to secure positive planning benefits in exchange for supporting development proposals. In effect, through this amendment, we can secure at a more substantive level environmental benefits for the countr y at large. Mr. Speaker, now that I have explained the legislation, I would like to respond to comments that we have seen appear in the media in recent days. Mr. Speaker, some have asked why the amendment to protect certain conservation land areas is important. They claim that there is adequate protection in zoning of the land under the development planning process. While it is true that a development plan involves es-tablished zones for land, these zones are vulnerable to change either by the recurring dev elopment plan review process, commonly referred to as zoning o bjection process, or via approval for development granted on appeal to the Minister. Mr. Speaker, it has been alleged that the i ntroduction of conservation areas weakens the level of protection afforded via the existing system provided for by the Bermuda Plan 2018. Additionally, it is claimed that by the introduction of protected conserv ation areas, it infers that the areas already zoned for conservation—
The SpeakerThe SpeakerMinister. Minister. Hon. Walter H. Roban: Yes, Mr. Speaker.
The SpeakerThe SpeakerMinister, if you do not mind, it is now 12:30. And if you would like to have us pause and we can come back after lunch? Hon. Walter H. Roban: But, Mr. Speaker, if you can I am not that far from finishing.
The SpeakerThe SpeakerOkay. 1742 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: If I can finish my opening statement, because sort of to not finish would be di sjointed.
The SpeakerThe SpeakerThe reason I interrupted you was to find out how further along you are. How m uch more do you have? Hon. Walter H. Roban: I have not much more left, Mr. Speaker.
The SpeakerThe SpeakerOkay. With the indulgence, we are g oing to allow you to finish, and then we will break. Hon. Walter H. Roban: Thank you, Mr. Speaker, and thank you to the H ouse for obliging. Thank you. Mr. Speaker, additionally (and I will continue) this claim that, by the introduction …
Okay. With the indulgence, we are g oing to allow you to finish, and then we will break. Hon. Walter H. Roban: Thank you, Mr. Speaker, and thank you to the H ouse for obliging. Thank you. Mr. Speaker, additionally (and I will continue) this claim that, by the introduction of the protected areas, it infers that the areas already zoned for conservation are somehow more available for development than originally i ntended. This is untrue, and I would cite as an example the Bermuda National Parks Act 1986, which protects those nature reserves and parks that are public lands. This amendment offers the same protection to privately owned land. Mr. Speaker, there are th ose who have gone to the media to, frankly, accuse me of having nefar ious reasons for overturning decisions of the Development Applications Board (the DAB). Mr. Speaker, I find these accusations absurd. However, I would be remiss to not address them. Pleas e note that at my assistance, 99 per cent of appeals to the Minister are reviewed first by the independent inspector, [who is] hired outside of Bermuda and is eminently qualified and has no conflict of interest. In addition, the DAB must refuse applications, for example, when applic ations are not zoned for the purposes outlined in the application or when someone is making a retroactive application. This must come to the Minister on appeal even if the DAB and/or technical officers are suppor tive of the appli cation. In addition, third parties are allowed to appeal an application even when approved by the DAB. Third -party appeals often made by environmental groups are considered by the Minister. And there are instances when those appeals are upheld. Finally, Mr. Speaker, I will address concerns related to SDOs. It has been alleged that this Bill will result in (quote) “ secret deals ” being made without public input. I can state categorically that this assertion is untrue, totally untrue. Our procedures will r eflect the notification to the public but will also include the procedures for responding to valid objections and amending the SDO as necessary. However, I must remind Honourable Members and the public that de-bating these Bills in the House does not necessar ily allow the public input or highlight the deficiencies in the Order. By way of example, I would like to highlight two issues that occurred or that commenced in a for-mer Administration, which did not provide the opportunity for any public input. Firstly, the St. George’s Resort Act 2018 gave an in- principle planning permi ssion for a hotel and residential development, et cetera, with no public involvement, consultation or advice, or advice from technical officers within the Department of Planning. This Act resulted in an outcry from the res idents in St. George’s complaining about the use of the beach. More importantly, the development also garnered attention from a local historic entity. Even more worrying, Mr. Speaker, as a result of the approved development, UNESCO has since threatened to place the World Heritage status of Fort St. George’s in danger of being removed. As another example, Mr. Speaker, there was also the approval on appeal for a roadway through actively cultivated land for the Morgan’s Poin t deve lopment, which was issued without public input or support of the department’s technical officers. Mr. Speaker, in summary, the proposed amendment to this Act forms a key element of the streamlining measures initiated, originally announced in May 201 9, to bring greater efficiency to the Planning Department’s processes and service delivery to the public and ultimately to provide a conducive regulatory framework to support new investment while pr otecting our environmental assets. Finally, Mr. Speaker, I would like to thank the Director of Planning and the Department of Planning under the leadership of Ms. Victoria Pereira, and her team for the work on this matter. And also, in the AG’s Chambers, Ms. Amani Lawrence, Parliamentary Counsel, who drafted the legislation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister? Is the Premier there? Would either one of you like to move us to lunch? Hon. E. David Burt: Mr. Speaker, I move that this Honourable House do now adjourn for lunch, to return back at 2:00 pm, 2:00 or 2:05, whichever one is best.
The SpeakerThe SpeakerYes, 2:00 pm will be fine. Hon. E. David Burt: Two o’clock.
The SpeakerThe SpeakerThank you. Are there any objections to that? No objections. The House stands adjourned to 2:00 pm. Procee dings suspended at 12:36 pm Bermuda House of Assembly Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerMembers, it is now 2:00 pm. We will resume the House after [having had our] lunch. When we ended the Minister of Home Affairs had presented his presentation on the first item on today’s Order, which is the Development and Planning [Amendment] Act 2021. He concluded his present ation before …
Members, it is now 2:00 pm. We will resume the House after [having had our] lunch. When we ended the Minister of Home Affairs had presented his presentation on the first item on today’s Order, which is the Development and Planning [Amendment] Act 2021. He concluded his present ation before we went for lunch and now I will open the floor for any other Member who wishes to make a contribution at this time.
The SpeakerThe SpeakerMP, you have the floor. BILL SECOND READING DEVELOPMENT AND PLANNING AMENDMENT ACT 2021 [Continuation of debate thereon]
Mr. Jarion RichardsonThank you, Mr . Speaker. And I would like to start by thanking the Honourable Minister for bringing this legislation to the House of Assembly, as well as his leadership team for the work that they have done on it. I am not aware of . . . I was …
Thank you, Mr . Speaker. And I would like to start by thanking the Honourable Minister for bringing this legislation to the House of Assembly, as well as his leadership team for the work that they have done on it. I am not aware of . . . I was not aware of the name of t he person in the Attorney General’s Chambers who worked on it, but I would like to extend my thanks to her as well. The Minister, Mr. Speaker, had actually offered to brief me on this legislation and I wanted to thank him for that opportunity as well. My comments, Mr. Speaker, will focus primar ily on a concern that is raised within the legislation that the Minister was at pains to speak to, but I, noneth eless, will raise them and hope to . . . or rather, I urge him to change direction on this piece of legislation, which contains quite a lot of good ideas. It contains a lot of proposals that will clarify and ensure the process on a going forward basis. It is fair. It introduces things, as he raised. It introduces things that simply were not present before. And for that he should be commend-ed. But I do think that it contains one key and crucial flaw, which would otherwise pull down a very well - thought -out piece of legislation. To that end, Mr. Speaker, I must first speak or at least inform the membership in the public to what we are actually talking about in this legislation. B ecause a special development order, Mr. Speaker, is a very dry topic until it is not. Up until there is actually a special development order winding its way through the processes in Ber muda, this is a piece of bureaucratic procedure that has little to no impact to people on a day-to-day basis. And to that end, I found the topic quite dry until I had to research it. And then I got to see what has happened in our past as it relates to these special development orders and how they have been used. The point of the special development order really does start in the Bermuda Plan. And the Hon-ourable Minister brought the Bermuda Plan to the House of Assembly in May 2021. And in that doc ument, it outlines quite a few salient points to this debate. The Ministerial Statement of 21 May [2021] . . . and with your permission, Mr. Speaker, I will be referring to notes so occasionally you will see me glancing off to the side.
The SpeakerThe SpeakerYes, you can r efer to them, yes.
Mr. Jarion RichardsonThank you, Mr. Speaker. The five key goals of the Bermuda Plan are to conserve open space and protect the Island’s natural and built heritage. The second of the five goals is to provide sufficient development pot ential to meet the community’s needs. The third key goal is to facilitate …
Thank you, Mr. Speaker. The five key goals of the Bermuda Plan are to conserve open space and protect the Island’s natural and built heritage. The second of the five goals is to provide sufficient development pot ential to meet the community’s needs. The third key goal is to facilitate community improvements in neighbourhoods to create better, healthier and safer places to live and visit. Four is to encourage more efficient and sustainable use and development of land and buildings. And number five key goal of the Bermuda Plan is to ensure a high quality of design and accessibility of all new develo pments. Now, this Bermuda Plan, Mr. Speaker, is a binding document. In other words, Bermuda must be developed in accordance with this Plan. And this Plan, although in legislation may be done every five years, in practice, due to costs and resources, my understanding is that it is done every 10 to 15 years. So, this is our very considered, exhaustive Plan, to wit, I point out, the Bermuda Plan itself, or rather the Summary Report, was some 200 pages. And the tribunal reports, which is how they contest how objectors and counter -objectors can bring their thoughts on the Bermuda Plan to the attention of the Tribunal and the Minister’s [Plan], is some 700 pages, Mr. Speaker. That Plan went through three and a half months of public consultation, with 457 objections and counter -objections, including a tribunal of three paid persons, professionals, including three alternates. And it was a lengthy, costly and thorough exercise. And it is intended to bind us and guide us in the develo pment of Bermuda and the deployment of our r esources to ensure those five goals that the Minister spoke to on 21 May. Now, a key piece in understanding what a special development order is, to be blunt, it is an exemption from the Bermuda Plan. Despite all of that work, the special development order is that there is a national interest, and through some sort of deliber ation the Minister has concluded that the parts of the 1744 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Bermuda Plan that would otherwise bind and prevent this development are to be overridden, for all intents and purposes, with the special development order. Now, this comes with a lot of controversy, Mr. Speaker, just the topic in and of i tself. An informative document that I read was given to the House of A ssembly in 12012, which is the 96- page special report entitled “[Today’s Choices Tomorrow’s Costs] The Ombudsman for Bermuda’s Systemic Investigation into the Process and Scope of Analys is for Special Development Orders.” In it, the Ombudsman points out how the use of SDOs has evolved over time from national projects to national priorities. She points out that the proposed (for example) Southlands SDO and the Tucker’s Point SDO —it has a great phrase here, Mr. Speaker, I thought. She said is “heavy with emotion and light on evidence.” And this goes towards the Minister’s point about there being a lack of a formal process in prev ious years. So, where there is no process, there is an overwhelming amount of personal interpretation of the events. And we have courted controversy through the use of SDOs, even though they are there for our national interests, they come along and they have been unguided. And to that end, again, I commend the Mi nister for trying to put some parameters on it. And they actually did this, though, Mr. Speaker. But let me speak to—
Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, we will take your point of order, Minister. POINT OF ORDER [Misleadin g] Hon. Walter H. Roban: Yes. Mr. Speaker, I want to ensure that the Honourable Member does not mislead the House or the public to paint SDOs in a light that is not consistent with actual practice …
Yes, we will take your point of order, Minister.
POINT OF ORDER [Misleadin g] Hon. Walter H. Roban: Yes. Mr. Speaker, I want to ensure that the Honourable Member does not mislead the House or the public to paint SDOs in a light that is not consistent with actual practice and reality. Special development orders are creatures of t he Act, just as the Bermuda Development Plan is a creature of the legislation. It is a part of the lawful legislation of the land. Special development orders are not an aberr ation to allow people to go outside the law. And the Member implied that in what he said. And that needs to be clear, that special development orders are a creature of the same legislation as the Bermuda D evelopment Plan.
The SpeakerThe SpeakerThank you, Minister. Member, just be mindful of the Minister’s i ntervention.
Mr. Jarion RichardsonThank you, Mr. Speaker. 11 Official Hansard Report, 18 May 2012, page 2085 I disagree, I certainly do not, I would never . . . yes, but I can . . . yes. I can 100 per cent agree that it is contained within the same piece of legislation, and …
Thank you, Mr. Speaker.
11 Official Hansard Report, 18 May 2012, page 2085 I disagree, I certainly do not, I would never . . . yes, but I can . . . yes. I can 100 per cent agree that it is contained within the same piece of legislation, and it is a legislative instrument. It is a utility. But that, in and of itself, does not mean that it did not have controversy in its use. And that is my point here. We are talking about the controversy surrounding the use of special development orders. And it is susceptible to the perception of back - dealing, especially, Mr. Speaker. The reason is — Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYour point of order? POINT OF ORDER Hon. Walter H. Roban: The Honourable Member is giving implications here that suggest that the special development order is a tool of something not . . . not . . . not proper to the law. And that is a false implic ation …
Your point of order?
POINT OF ORDER
Hon. Walter H. Roban: The Honourable Member is giving implications here that suggest that the special development order is a tool of something not . . . not . . . not proper to the law. And that is a false implic ation and it suggests that special development orders are used in nefarious ways. I challenge the Honour able Member to name a specific case where a special development order did something that was found to be contrary or ethically incorrect.
Mr. Jarion RichardsonYes, Mr. Speaker, the law in and of itself does not bind us, is not sacrosanct in that everything that takes place within i t is— Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Member, I know, is new, but he certainly must realise he is misleading the Honourable House of Assembly by saying that the laws which this House passes do not bind us.
Mr. Jarion RichardsonI wanted to finish that point, which might help the Honourable Premier.
Mr. Jarion Richardso nMany laws have been in e ffect . . . and we are not saying that about this one, but for some time slavery was legal and we can all agree that that was not ethical. So, I am trying to get to the point here, Mr. Speaker, that there …
Many laws have been in e ffect . . . and we are not saying that about this one, but for some time slavery was legal and we can all agree that that was not ethical. So, I am trying to get to the point here, Mr. Speaker, that there is some controversy around spe-cial development orders. And the point I am making
Bermuda House of Assembly here is that there is a perception of backroom dealing. It is susceptible to the perception of backroom dealing. I am certainly not specifying that Mr. So- and-so or Mrs. So -and-so on a certain date d id a certain thing that was illegal. That is not what I am saying, although I am sure this topic will come up later on. To that end, Mr. Speaker, one of the reasons why special development orders can raise these per-ceptions is because of the vast amounts of money that are concerned in them —millions of dollars in i nvestments, in the purchase and sale of property, in loans and fees. Also, given the absence of procedure in the past, multiple stakeholders in this process are involved at any point. And you can not only think of the on Island advisers, but undoubtedly, you can think of all of the investors, the attorneys, the chartered surveyors, the persons who conduct the economic impact assessments, so there are a lot of people i nvolved. There is a lot of money involved. And projects are, given the volume, given the public perception, given how much attention they get, they are . . . they are also quite political when they come up in topic, both in public debate and in this House of Assembly, this Honourable House, Mr. Speaker. They are used to facilitate the performance of national goals, such as increasing jobs. So, again, just a lot of weight. And these projects have a great deal of prestige associated with them, Mr. Speaker. I think there are none of us in Be rmuda who are not familiar with the sight of a Government Minister shovelling dirt in front of something or the other or pouring rum on the top of a building. So, what we are talking about here is that there is a lot of importance associated with them, there is a lot of money, and . . .. . . and to that end, they are, in fact, a mechanism to enable . . . a legal mechanism, following on from the Minister’s earlier point of order. They are, in fact, a legal mechanism by which to bring about something which was contrary to the Bermuda Plan as it stood at that time. So, big gambles, big returns with a lot to lose. And the Honourable Minister in 2011 actually put some work into this space, adding transparency by way of making the special development order a statu tory instrument and, thus, subject to public scr utiny; adding an affirmative resolution procedure; and enabling the legislature (and by the way, I am using his words) 2“enabling the legislature to fully consider and debate all the permissions and conditions to be attached to a Special Development Order.” Now, this enabled all kinds of transparency for Parliament, the Legislature, and others. This was . . . so of use that the Ombudsman in her 2012 report, which was called “Today’s Choices Tomorrow’s Costs,” reported to the House . . . said that she “applauds the 2011 amendment to the Development and
2 Official Hansard Report, 4 February 2011, page 465 Planning Act 1974 that requires SDOs to be approved by the Legislature . . .” So, it was a gap that was r emediated, and [it] now stands that our scrutiny, the parliamentary scrutiny, is how we attend to risks that manifest themselves by virtue of the special develo pment order and what it can do. Now, in this amendment, what we are looking at is (reading from the top of the amendment Bill) “to provide for development orders to be made by the negative resolution procedure rather than the affirm ative resolution procedure.” And simply put, affirmative procedure means that both Houses have to . . . or sorry, it means that we have to positively approve before the special development order comes into law. And that is our parliamentary scrutiny that we talk about all the time. The negative resolution procedure means that the Minister will sign and it comes into law and then it comes to the House. Now, the Honourable Minister spoke to the reason for this change on 2 July [2021] in his Minist erial Statement wherein he said, Mr. Speaker, “this amendment seeks to revise the current process to support greater efficiency while maintaining rigorous standards,” and he, the Minister, added that one of the reasons for this is that greater efficiency and that “the Minister must wait until the House sits to table an SDO.” So, the singular premise is to support greater efficiency. Now, we are balancing that greater efficiency with the weight of parliamentary scrutiny. And so, what is being proposed here is that we would wit hdraw parliamentary scrutiny to enable greater efficiency. Now, it is not that simple. The Act does include—
Hon. E. David Burt: Point of order, Mr. Speaker.
The Speake r: Point of order.
POINT OF ORDER [Misleading]
Hon. E. David Burt: The Honourable Member is mi sleading the House when he says “withdraw the parliamentary scrutiny.” The Honourable Member does know that under the Statutory Instruments Act all statutory instruments which are made by a Minister are subject to parliamentary scrutiny, and any House of the Legislature by majority vote can cause those matters to be revoked. So, parliamentary scrutiny does apply.
The SpeakerThe SpeakerThank you. Continue, Member.
Mr. J arion RichardsonThank you, Mr. Speaker. So, when we are talking about the positive affirmation procedure, we are obviously talking about there being a vote taking place before anything happens —not after. 1746 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly The Minister had said that we are going …
Thank you, Mr. Speaker. So, when we are talking about the positive affirmation procedure, we are obviously talking about there being a vote taking place before anything happens —not after. 1746 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly The Minister had said that we are going to maint ain rigorous standards. And I believe what he is speaking to there is that the legislation provides for the development of very specific, clear, and public procedures, which would include a 21- day consult ation when all of the documents relating to this SDO would be available for public review. And so, the proposition is as I pointed out before. Now, in principle, Mr. Speaker, I want to talk about this in principle and in practice. Because in principle this is . . . this procedure is a good idea. The Ombuds man noted in her 2012 report that there was no proper process for gathering information, “the data available to inform analysis and decision- making was inadequate.” It further goes on to say that “The failure of a proper public consultation process result ed in ad hoc , adversarial airing of public concerns.” So, no reaso nable person could object to adding clarity and regular ity to this process. But the challenge that we face here, Mr. Speaker, is that the procedures are not ready and they are not being bro ught to this House along with this amendment. I note that the procedures, by the way, are subject to negative resolution. So, much like an SDO, they will arrive in the House before positive affirmation. The Honourable Minister actually spoke to this by say ing our procedures will, implying that there is a future to take place and there is going to be some development of these procedures that are not here today. One of the questions that I have for the Mini ster is, for example, even though there will be proc edures, will those be subject to an appeal? Will that appeal go to the Minister, which would effectively rei ntroduce a kind of exclusive or absolute control over the SDOs? Now, there is some . . . I wanted to bring up the point that the Minister had made—the singular premise—that this is about efficiency. Because, ins ofar as I have read, been made aware, and spoken to folks, the House can be and has been called back in the past to attend to SDOs. In fact, there was a com-ment in the Ombudsman’s report about how the SDO debate for Tucker’s Point —although I cannot speak to which specific debate— was scheduled during the Budget Debate. And, as we are all well aware, the Budget Debate is not exactly an easy time for any of us. It takes quite a lot of research. And so, for som ething to be brought up during that time, we are kind of in the middle of something else. So, clearly, that . . . we can bring the House back and SDOs can be dealt with. But most are mindful that quicker is not always better, Mr. Speaker. I do not think any carpenter would tell you that you just throw up the cabinets. Measure twice and cut once. And, given the weight of what we are contending with, given the value of what we are contending with, it strikes me that projects of these types, of t his scale of national interest, should be subject to . . . should not be expedited in such a manner. They should be moving a lot slower than any other project. For example, in this case, we are . . . these are not things that we can undo. So, I do just appreciate that maybe this is a time that we slow things down a little bit instead of speed them up. But with that said, the singular premise is the greater efficiencies. And with that being said, I want to bring this to a summation, Mr. Speaker. If reducing the role of the House —which is what we are considering right now —is premised on greater efficiencies —and I do not necessarily agree with that, but I take the point that this is what we are entertaining—I do not see how the House can concur without seeing the procedures which will ensure the transparency, clarity and the rigidity of the process that was introduced when the Honourable Minister in 2011 brought in the affirmative resolution procedure for SDOs. We are opening a gap in our good gover nance. And that gap can be plugged with these proc edures. I would hope that we would have a chance to scrutinise those procedures so that we know what we are swapping out for another thing. This legislation without those procedures will diminish and weaken the peop le’s ability to hold po wer to account. And the MPs who permit this, we have to be very careful here. When I go back to my consti tuents and they ask me, Why did you alter that pr ocess? Why did you remove the affirmative resolution procedure? Why have you enabled this change? We are going to say ‘ because it made it faster and better.’ This strikes me as . . . we are risking the rei ntroduction of all of the things that we associate with bygone political errors, all of the things that we speak about to one another, that we concern ourselves with, that . . . and certainly during any kind of major political event, like an election, we throw around quite casually. We seem to be risking that reintroduction. So, we almost go from national projects to n ational prior ities to national vanities. And I think that if we had the procedures in place, if we knew what the controls would be, then this amendment would be more palatable. And I think the individual MPs who permit this would be doing more than rubber stam ping. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Hon. Diallo V. S. Rabain: Mr. Speaker.
The SpeakerThe SpeakerMinister of Education, it looks like you are trying to get m y attention. Hon. Diallo V. S. Rabain: Yes, that is me, Mr. Speaker. Thank you very much. Bermuda House of Assembly The Speaker: Okay. Minister, you have the floor. Hon. Diallo V. S. Rabain: And welcome to colleagues. …
Minister of Education, it looks like you are trying to get m y attention.
Hon. Diallo V. S. Rabain: Yes, that is me, Mr. Speaker. Thank you very much.
Bermuda House of Assembly The Speaker: Okay. Minister, you have the floor.
Hon. Diallo V. S. Rabain: And welcome to colleagues. Mr. Speaker, you know, from the discussions that we have h eard coming from the Opposition and others in the community, you would think that this Bill is only about SDOs. It is actually about a few other really critical things. And the speaker who just took his seat did not indicate whether they support or they un-derstand or even that they comprehend what else is happening with this particular Bill. Mr. Speaker, the potential of introducing the Emergency Order portion is something that is sorely needed. I, for myself, have wondered why for years we did not have the ability to enact, to expedite planning permission for when there are disasters that happen to Bermuda. I mean, we are going through a pandemic right now, but we have a hurricane season every year that, you know, when we are unlucky, causes devastation. W hy not have something in place that allows for expedited planning approval to help people in those particular circumstances? Why is that not being spoken to, Mr. Speaker? When we talk about the protection of conservation areas, this is critically important as well. You have people screaming about, Bermuda needs to save our open space. Bermuda needs to save this and save that, especially when it comes to our env ironment. That is part of this Bill as well. But, again, we do not seem to hear that coming from the other side or their supporters. They just keep talking about the SDOs. But we will get to the SDOs later, because when we talk about the protection of conservation areas, we are actually introducing something that e nhances the SDO process. And I would actually like to speak to that as well. Ironically, we are here discussing this and, as I said, the conversation is being laser -focused on SDOs, but this particular part —the protected conservation area— will actually enhance the previous SDO, the last one, at Riddell’s Bay, one that was approved by this House, but was unable to [do] things like pr otect the conservation area. So, with the approval of the owners of that property, we can create even more conservation areas in that particular property, som ething that could not be done under the former way the SDO [was done]. So, when everyone says, Well, why are we changing policy? What is the big deal? Mr. Speaker, it has been 10 years since that last policy had been put in place. Surely things have changed si nce then. Surely, we are in a different space than what we were back then. So, what was applicable then is not neces-sarily applicable now. And that is what I want to hear the other side articulate. Why shouldn’t we move t owards a regime that provides more flexibility, that pr o-vides the opportunity to create economic development within our country at a faster pace? But you know, Mr. Speaker, I remember when we were doing Plan 2022 —the Strategic Plan for E ducation. And I was talking to Dr. Newell, who was t he person helping us with that. He told me something that will live in my mind . . . that has always lived in my mind. And he said, People aren’t afraid of change; they’re afraid of not being in control anymore. And that is where we really are right now. P eople are afraid of not being in control. Making decisions such as this and moving the Island forward requires firm leadership, requires us to do the things that need to be done despite, som etimes, the opposition that may come. There are times when we hav e to do the types of things that we are doing, despite the opposition, because we know it is the right thing to do. But we understand what the O pposition’s playbook is. They are desperate; they want to play to public fears. They want to create a popular ity contest by pandering for votes. That is really what [they] are doing. That is really all that they are doing right now. Often, as a country, we are being accused of not staying up to scratch.
The SpeakerThe SpeakerDo not worry, Member, I was just about to have a conversation with the Minister. Mr. Scott Pearman I would be grateful. Thank you,
Mr. Speaker.
The SpeakerMinister, be mindful that every Member has a right to express themselves here. They come the same way that we all got here, to voice opinions of those that do not have a voice up here. We may not all agree . . . we may not always agree, but …
Minister, be mindful that every Member has a right to express themselves here. They come the same way that we all got here, to voice opinions of those that do not have a voice up here. We may not all agree . . . we may not always agree, but they have the right to express themselves.
Hon. Diallo V. S. Rabain: I will be guided by you, Mr. Speaker, and thank you for that. But Mr. Speaker, we cannot be afraid to make changes. We have to move forward. You know, it actually struck me as really odd . . . really, really humo rous, when I was thinking about this, right? And the complaints about why are we maki ng this change ? And the disrespectful comments about my ministerial colleague, Minister Roban, about, Well, he said that 10 years ago, why is he changing his mind now? What short memories we have, Mr. Speaker. I remember an upstart political party campaigning in 2012 that they would not scrap term limits. They surprisingly won the election and within a month term limits were gone. They changed their mind, and, Mr. Speaker, they said this is what leadership is. Mr. Speaker, we have that same party that campaigned on having a referendum about gambling. They changed their mind and did not have a referen1748 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly dum; they went ahead with it and said this is what leadership is. But Mr. Speaker, this is what leadership is, moving forward. Now, Mr. Speaker, as the Honourable Premier pointed out to the Member who sat down before me, this does not remove parliamentary scrutiny. A negative resolution has to be tabled in the House. And any Member who wishes to pick it up for debate, can pick it up for debate. Perhaps the One Bermuda Alliance remembers their woeful, their absolutely dreadful rec-ord of not tabling negative resolutions —for years, in some cases —and they are thinking that this party will run from parliamentary scrutiny like they did. That is not the case, Mr. Speaker. This will be submitted as per the rules, and it will be subject to parliamentary scrutiny, if a Member wants to take it up to debate. It is a simple process. What we are doing is enhancing the SDO process, which the speaker before me did agree to. It is being enhanced. There are things being put in place to ensure that there is public scrutiny, to ensure that there are proper processes when it comes to env ironmental impact studies, when it comes to the ec onomic impact studies, when it comes to the soc ial studies. All of that will be in place now, something that did not exist before. So, when we talk about what has changed, Mr. Speaker. [This is what] has changed. A framework will now be introduced that governs how SDOs are scrutinised. But there is mo re than that, Mr. Speaker. Mr. Speaker, the SDO will be scrutinised by technical officers at the Department of Planning, it will be subject to environmental impact assessments, it will be subject to all sorts of reports, it will be subject to public scrutiny. But then we are still hearing, But it must come here so we can then second- guess all of the experts that have put together their opinions. Why do we need to do that, Mr. Speaker, unless we abs olutely have to? And if we absolutely have to, anyone can take up the debate, or the negative resolution, point blank. And if the negative resolution is voted down, that SDO will be rescinded. A simple process. It absolutely makes sense to me, and it absolutely should make sense to the public. It is just a matter of explaining it. It is a matter of who wants to spin it the way they want it to be spun. Mr. Speaker, in order for us to move forward, in order for us to do the things that need to be done to promote economic activity in this Island, to promote sustaine d development in this Island, we all have to make critical decisions, we all have to look at the f uture. This is future- forward thinking. And I appreciate the Minister for having the wherewithal to bring this before us today, knowing what he said 10 years ago, knowing that he would probably get Members out there that would bash and want to go back to that and say, Look what you’ve done. Look what you’ve done. You know, Mr. Speaker, when I was reading the news report for one of the detractors to this parti c-ular Bill, it was interesting, and I quote, Mr. Speaker (and this is from the 3Royal Gazette), if you will allow me, it says “BEST urged the public to oppose the changes, saying: ‘Bermudians must have a say before the Government is allowed to “pave over paradise”!’” Mr. Speaker, Bermudians did not have a say in the last process, but they have one now by public consultation. So, when we read statements like that, Mr. Speaker, that gives you an idea of the mentality that we are working with. And it goes bac k to what I just said— and I repeat this because I want people to be taking it to heart —people do not fear change; they fear not being in control. And Mr. Speaker, these people have been in control for so long that they have not even realised that they are not even there anymore and that we have to move on, do the things we need to do, increase economic activity in this Island, i mprove the stock of the people in this Island, making sure that they have a piece of the pie as we move forward, and not be concerned about [the] people with special interests that wish to opine because they are no longer in control. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader? Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerYes, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I have reviewed the legislation, and I will admit there are improvements. We had a very productive meeting with the leadership of the Planning Depar tment yesterday. It was very enlightening. So, I would like to …
Yes, you have the floor.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I have reviewed the legislation, and I will admit there are improvements. We had a very productive meeting with the leadership of the Planning Depar tment yesterday. It was very enlightening. So, I would like to thank them for making themselves available for this information- gathering initiative. I would be less than responsible to say that I did not agree with the published procedures that they are implementing for the issuance of emergency development orders, SDOs, and protective conservation sites. I think, if we have proper procedures in place, then everybody would have a clearer idea in regard to expectations and how things will be managed by the Government. And so, it will protect the Government and it will better protect our investors, our developers, and they know what to expect and what time frame. So, I will support that. So, I am not going to be critical of everything in this legislation, and I do not believe that the Shadow Minister was critical about everything that was
3 Royal Gazette, 10 July 2021
Bermuda House of Assembly presented. The biggest contention, as I heard it from the Shadow Minister, was the negative resolution, but I will get to that shortly. I am not going to be very long, but a few i ssues jumped out at me. When the Minister was pr esenting his brief, he indicated that the stakeholders had told him that it would take a long time to issue SDOs, and the primary reason for the delay was Parliament, based on parliamentary scheduling. And, in his mind, in the developer’s mind, timing is of the essence. Mr. Speaker, I agree that timing is of the es-sence. But I will not sit here and allow that Minister to blame Parliament for the t imeliness of the SDOs. Mr. Speaker, you will know that over the years we have been called back to the House whenever there was a matter of national importance. We were called back for the Hotels Concession Act [2000] — one hotel concession was tabled and we came back and debated it. We have come back before for SDOs during the summer break. So, to say that Parliament is responsible for delaying SDOs is irresponsible, Mr. Speaker. The Premier of the day —I am not saying the current Premier, the Premier of the day —and his Cabinet have the authority to call back Parliament whe never they want. And if it is an issue of national i mportance, then call the Parliament back and our par-liamentarians will be here. So, to me, it is totally irr esponsible to blame Parliament for the delay in the i ssuance of SDOs. And to me, it is irresponsible. Mr. Speaker, the other issue that I would like to speak to, and it was touched upon earlier, and the Minister of Education just spoke about how things evolved from 2011 when the Minister presented and amended the legislation to have SDOs changed from a negative resolution to a positive resolution. Well, 10 years ago was not July 2020 when we did the Ri ddell’s Bay SDO. At that time, in July 2020, which was just a year ago, the Minister underscored the fact that the special SDO order provides a framework that e nsures absolute transparency and we would debate it in the House, especially on issues and matters of national interest. And so, what has happened since then? One year has transpired. Mr. Speaker, 10 years ago he supported the move from negative resolution to affirmative resolution. He endorsed it last year, and one year later he wants to take it back. The Minister wants to take it back to negative resolution. What will he do next year ? Will he bring it back to —
Hon. Walter H. Roban: Point of order, Mr. Speaker.
Hon. N. H. Cole Simons: —positive resolution next year, Mr. Speaker?
The SpeakerThe SpeakerPoint of order, point of order. We will take your point of order. POINT OF ORDER [Misleadi ng] Hon. Walter H. Roban: The Honourable Member is misleading the House that somehow we are rolling legislation back. We are not. I was very clear in my brief. We are enhancing and …
Point of order, point of order. We will take your point of order. POINT OF ORDER [Misleadi ng]
Hon. Walter H. Roban: The Honourable Member is misleading the House that somehow we are rolling legislation back. We are not. I was very clear in my brief. We are enhancing and advancing this legislation going forward and we are keeping in the due dil igence and controls which are required. He seems to believe that we are running willy -nilly like his Government did—
Hon. N. H. Cole Simons: Mr. Speaker, that gentl eman is misleading the House. As I said, I have supported the procedures, the due diligence that they have implemented. I am not addressing that. I am ad-dressing the issue of moving backwards and forwards from negative resolution to positive resolution, back to negative resolution.
The SpeakerThe SpeakerOkay. Hon. N. H. Cole Simons: Again, what will it be next year?
The SpeakerThe SpeakerOkay, thank you both for clarifying your points. Just be considerate of what was said by both and just go on with your presentation. Hon. N. H. Cole Simons: What will it be next year? And so, how can the community feel that t hey are really committed to this …
Okay, thank you both for clarifying your points. Just be considerate of what was said by both and just go on with your presentation.
Hon. N. H. Cole Simons: What will it be next year? And so, how can the community feel that t hey are really committed to this transparency if they are going backwards and forwards like some yo- yo, Mr. Speaker? So, one questions the reason. Because if it was good enough for last year and the Minister made the commitment to change it from negative resolution to affirmative resolution last year , I mean 10 years ago, the question Is, What is driving this? It surely is not Parliament slowing things up, as the Minister has said, because as I rebutted, quite frankly, Parliament can be called any time for national issues. Any time. The Minister knows it and the Premier knows it. So, to have Parliament responsible for the timeliness of the issuance of these SDOs is totally unconscionable, Mr. Speaker. Mr. Speaker, I will move on to another area right now. The Minister spoke to the national emergency development order. And what jumped to mind, for me, when he spoke to that . . . and I am sympathetic to that decision. I cannot say that I would rule it out. I am sympathetic to it. What jumps to mind, for me, is the situation that we had at Mangrove Lake and Tank Hill whereby we, after a hurricane, went to the hillside and took out slate. Now, I am sympathetic to our Bermudians and the challenges that we face during hurricanes, and I know that for years people have lost their roofs and that there is a challenge with s ecuring slate. And sometimes we have to make dr a1750 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly matic decisions in Government. I accept that and so I am not totally against this. What I would ask the Mini ster to do is provide details on when we have to make these dramatic changes to our landscape, like going in and quarrying a hillside, what remedial action can we have that will help the environment after we have addressed our challenges? So, right now we have a great big scar on the hillside dow n at Mangrove Lake where we went in and quarried. What remedial action . . . what remedial plan has the Government put in place to make that site more environmentally friendly and more positive from a sustainability point of view? And so, my question on these emergency development orders, yes, we can have them, but what are we going to do after to rem ediate and support the environment in those orders? To me, they should form an integral part of the order. And so, that was another issue that I thought I would share with the community because the Mangrove Lake scar, you can see it every time you drive along that area of Southshore. You look over and you see the scar on the hillside. And I said that is sham eful. I understand why it was done and I am sympathet-ic, but Government could have put together a remedial plan to make that area more environmentally sustainable and something that we can be proud of. I am inviting the Government to have remediation plans should they issue these national emergency development orders. Do not just scar the property and leave it forever because, to me, that is irresponsible. On the issue of the protected conservation areas, again, it is interesting that for those we have an affirmative resolution and for everything else [we do] not. And I take the view that a private person may make a commitment to conservation in this area b ecause they have arable land or woodland or natural reserves on their property. Again, I take the view that it should, of course, come to Parliament. And, l ikewise, all the other amendments should also come to Parliament —[I mean] the SDOs and the emergency orders. As I said, Parliament cannot be blamed for the tardiness in such situations. As I said earlier on the issue of the protected conservation areas, I heard very little on mangroves. The mangroves, as you know, play a vital role in our — Hon. Walter H. Roban: Point of clarification, Mr. Speaker.
The SpeakerThe SpeakerYes, point of order. Hon. Walter H. Roban: If the Member will yield? Hon. N. H. Cole Simons: Yes, I will yield. POINT OF CLARIFICATION Hon. Walter H. Roban: Would the Member not agree, Mr. Speaker, that waiting for Parliament to convene rather quickly could actually interrupt or interfere with …
Yes, point of order. Hon. Walter H. Roban: If the Member will yield?
Hon. N. H. Cole Simons: Yes, I will yield.
POINT OF CLARIFICATION
Hon. Walter H. Roban: Would the Member not agree, Mr. Speaker, that waiting for Parliament to convene rather quickly could actually interrupt or interfere with the quick response to an emergency situation? So, t o have Parliament come back to approve an emergency response would actually potentially put lives and property at risk? Hon. N. H. Cole Simons: No, Mr. Speaker, I do not buy that argument. Mr. Speaker, as I said before, I have been in this Parliament for 22 years, and I have been given two-day notice to get back to Parliament to do a tourism order or an SDO, previously. So, do not present that argument to this country. Mr. Speaker, I think those are my issues. Like I said, generally, I agree in that the operational proc edures make sense from a business point of view, from a best practice point of view. I understand it was star ted under the former Minister, the late Honourable Walton Brown, and he has been dead for a number of years so I am delighted, actually, that it is coming forward. I cannot question the consultation that they have included in there. So, I am not totally against it. There are certain features I cannot live with. And on those few comments, Mr. Speaker, that is all . . . I am just doubl e-checking my notes to make sure I have covered everything. That is it, Mr. Speaker.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to make a contribution at this time? Any other Member?
Mr. Scott PearmanMr. Speaker, MP Pearman. Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerPremier? Premier, would you like to make a contribution at this time? Hon. E. David Burt: I will defer, Mr. Speaker.
The SpeakerThe SpeakerIf no one wants to speak, we can have the Minister reply . . . respond and take us into committee.
Mr. Scott PearmanI am happy to go, I was going to let the Premier speak first and defend his Bill.
The SpeakerThe SpeakerOkay. We need either one of you to take the floor. Hon. N. H. Cole Simons: Go ahead, Scott. Bermuda House of Assembly Mr. Scott Pearman: Yes, Mr. Speaker, I would —
Mr. Scott PearmanThank you. Mr. S peaker, I was intending to speak very, very briefly about this Bill. And I was intending to do so in what I hoped would be an even- handed and fair manner. And the reason for my intent is there is much about this Bill that I …
Thank you. Mr. S peaker, I was intending to speak very, very briefly about this Bill. And I was intending to do so in what I hoped would be an even- handed and fair manner. And the reason for my intent is there is much about this Bill that I like. There is much about this B ill that I would commend. Where I was perhaps a bit surprised, Mr. Speaker, is when we heard from the Honourable Member of Cabinet, the Minister for Ed ucation, who, having heard but one speaker from the Opposition, leapt up and ascribed motives to us that were improper and did lots of spin and politicisation that was entirely unnecessary. Without having heard the Opposition speakers, without having heard the Opposition Leader, without having heard me or an yone else, it was suddenly that no one in the Oppos ition even concedes the benefits of the Bill. Well, that is utter nonsense, Mr. Speaker, because we do. We like the ability to preserve land with the consent of landowners. That is an excellent addition to our legislative agenda in this area. And I am ver y happy to commend the Minister for that aspect of this Bill. We like the idea that the public are consulted in matters such as this, as they should be. That is what democracy is about. It is about listening to the people. So, why the Education Minister f elt the need to come in and start spinning so close to Cup Match, is beyond me. But for him to say —and I am quoting this because I wrote it down, Mr. Speaker —that the Opposition don’t understand the Bill . Well, that is just rude. And frankly, Minister, I t hink I do understand it. The Minister for Education also explained what the issue is for him and, by extension, we antic ipate it is the issue for the Government. He said that this is about control. Well, how sad. How sad that de-cisions are being made based upon who has got the right to decide who is in control. Decisions, Mr. Speaker, should be about what is best for Bermuda, what is best for our Island, and what is best for all of us. Decisions should be by the elected representatives of the people, those of us in Parliament. And when the Honourable Minister who spoke before me suggests that the criticism of the Opposition, and, indeed, others —not just the Oppos ition, those members of the public, those charitable agencies such as BEST, National Trust, Audu bon S ociety—were “laser -focused on the SDO issue” well, of course! And we make no apology for that. That is where everyone’s laser -focus should be. And I am surprised that we have not heard, so far, from 28 ot h-er sitting Members of Parliament in this House on the other side. Again, this Bill is not necessarily a bad Bill; on the whole it is very positive. But it has one element that is significantly detrimental to democracy and to the way that planning and decision- making occurs on our Island. And that is the removal of the affirmative resolution procedure, the removal of the ability to bring an SDO to Parliament so that Parliament can debate it. I mean, you have got 30 seats, why are you afraid of a debate? The Minister who presented the Bill explained that the reason for this was because of historic SDO occasions where they were not able to move swiftly enough. (And I am paraphrasing; this is my language, not his.) But they were not able to move swiftly enough and therefore lost the benefit of the develo pment. He cited the Tucker Point Club in 2018. Well, it is a weak argument in any event, Mr. Speaker, but it is also a completely hollow one because, of course, Tucker’s Point got built. Tucker’s Point is here. There was not any reason why Parliament should be the blame for losing the possibility of Tucker’s Point when it is sitting up there in the East End. And the suggestion, Mr. Speaker, that you and your House are to blame, that you and your House delay the approval of SDOs is absolute nonsense. Parliament can be recalled at the drop of a hat. We are only sitting, on most occasions, every other two weeks. And you have, and previously have, r ecalled us at short notice, quite rightly so, many times. So, respectfully, for the Minister to blame Parliament is a fig leaf full of holes. Mr. Speaker, I noted that the Honourable Mi nister jumped in to defend himself when the Opposition Leader referred to certain statements that he made in the past. It is difficult. I accept, it is difficult in politics, where your words are often reported, to be consistent and not to be in a position where what you say one day gets thrown back against you on another day. I am afraid that hypocrisy is one of the by -products of politics because, often, positions change. And I accept that, and the Honourable Minister pointed out that si tuations change. Yet, with your leave, Mr. Speaker, I would like to quote from the Official Hansard Report of 17 July 2020.
Mr. Scott PearmanThis was our debate on the SDO for R iddell’s Bay. And those who participated in that debate may recall that, in fact, the Opposition, in cer-tain instances, was supportive of the Minister’s pr oposals. But he said this —and this is Walter Roban, the Minister — “Mr. Speaker, please …
This was our debate on the SDO for R iddell’s Bay. And those who participated in that debate may recall that, in fact, the Opposition, in cer-tain instances, was supportive of the Minister’s pr oposals. But he said this —and this is Walter Roban, the Minister — “Mr. Speaker, please allow me to f ast forward to the present day where the rightful method to approve such a scheme is via a Special Development 1752 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Order (SDO), a framework that ensures absolute transparency through debate in the House. It is i mportant to note that an SDO is a form of planning permission, lawful planning permission under section 15 of the Development and Planning Act 1974, and is granted when the development is considered to be in the national interest, perhaps also termed the public interest.” [page 4449] Mr. Speaker, the Honourable Minister was right then and this Bill is wrong now in this narrow r espect. He was right that when we are dealing with SDOs, we are dealing with matters of the public interest, we are dealing with matters of the national interest, and that is why i t is so important that these matters come to this House for a proper debate before they are decided. Before they are decided. And that is a legitimate issue to take up in respect of this Bill. And if someone took a red pen and crossed out the words “negati ve resolution procedure” and wrote in “affirm ative resolution procedure” you would have my vote on this Bill. So, I do not contest the whole Bill. I just do not like the fact that we are watering down parliamentary scrutiny. Because it is Parliament that is supposed to be the brakes on the runaway train of Government. It is Parliament —
Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order, Minister. POINT OF ORDER [Misleading] Hon. Walt er H. Roban: I will, again, as the other Member did in a previous part of this debate, point out the misleading statement the Honourable Member has made is that even negative resolutions that are laid in the House are …
Point of order, Minister.
POINT OF ORDER [Misleading]
Hon. Walt er H. Roban: I will, again, as the other Member did in a previous part of this debate, point out the misleading statement the Honourable Member has made is that even negative resolutions that are laid in the House are subject to parliamentary scrutiny as well. So, parliamentary scrutiny is not being avoided. That is the implication and assertion by Members of the Opposition, including the Honourable Member who is speaking now, and it is incorrect.
The SpeakerThe SpeakerThank you, Minister. Member, just be mindful of the Minister’s i ntervention.
Mr. Scott PearmanI am grateful for the Minister’s intervention. And as he well knows, that is a load of tosh. The reason we have it come to Parliament for debate is so that Parliament can decide. It is not for the Minist er or the Board or the [ INAUDIBLE ] to …
I am grateful for the Minister’s intervention. And as he well knows, that is a load of tosh. The reason we have it come to Parliament for debate is so that Parliament can decide. It is not for the Minist er or the Board or the [ INAUDIBLE ] to decide, these are very important issues. It is rare that this Parliament is dealing with i ssues as important as major SDOs. Why are they so important? Mr. Speaker, they are important because once they are done, they a re largely irreversible. They are largely permanent. And that is why the elected representatives of Bermuda should debate them first. That is why democracy should be put up on a pillar and should benefit. Mr. Speaker, I have referred the House to what the Honourable Minister said in July 2020. I give him the benefit of the doubt that it is not often easy in this job to be entirely consistent, but we have seen a complete 180, a complete volte -face. And again, he was right then and he is wrong now. And again, lest it be said that we are being political and obstructive, if he were to change negative to affirmative, he has my vote on this Bill. Mr. Speaker, we were told by the Cabinet Minister who spoke after the Minister presented the Bill, “this is what lead ership is.” And then he talked about those who oppose their position and referred to it as “spin.” Well, I understand the game of politics and I understand why it is the Government’s job to bash the Opposition, and it is the Opposition’s job to bash the Government sometimes. But it is not like that all the time. And where we can be bipartisan in the best interests of Bermuda, we should be. And it is not just the Opposition that has issues with this Bill. Mr. Speaker, the Cabinet Minister I referred to attacked the motives of BEST. BEST is hardly a veh icle for the OBA. In addition, Mr. Speaker, again with your leave, we have a public statement by the Berm uda National Trust. With your leave, Mr. Speaker, let me just quote from this.
Mr. Scott PearmanThank you, Mr. Speaker. 4“‘The most concerning amendment is a pr oposal that will remove the ability of Parliament to d ebate and vote on Special Development Orders [SDOs].’” (Before they are issued.) “‘Instead, the Mi nister of the Environment will have the power to issue an SDO at his …
Thank you, Mr. Speaker.
4“‘The most concerning amendment is a pr oposal that will remove the ability of Parliament to d ebate and vote on Special Development Orders [SDOs].’” (Before they are issued.) “‘Instead, the Mi nister of the Environment will have the power to issue an SDO at his or her own discretion.’” Now, Mr. Speaker, I am not being personally critical of this particular Minister. This particular Mini ster had, prior to this Bill, a very good track record, in my per sonal opinion, on the environment. And there are things that he has said in this House about the environment with which I very much agree. And his efforts on energy and his goal to bring a reduction of single- use plastics are matters for which I would stand shoulder -to-shoulder with him. And I just, respectfully, feel like he has got this thing wrong and I would ask him to rethink. And again, it is not just the Opposition, it is BEST, it is the National Trust. And again, with your leave, Mr. Speaker, let m e read quickly from the press release from the Bermuda Audubon Society.
4 Bernews 15 July 2021
Bermuda House of Assembly The Speaker: Go ahead, Member.
Mr. Scott PearmanThank you, Mr. Speaker. 5“‘We believe that not enough thought has been applied to the details and consequences of the proposed amendments and we urge that they be withdrawn and reconsidered. . . . Of particular concern is the fact that Special Development Orders [SDOs], which currently undergo parliamentary scrutiny, …
Thank you, Mr. Speaker. 5“‘We believe that not enough thought has been applied to the details and consequences of the proposed amendments and we urge that they be withdrawn and reconsidered. . . . Of particular concern is the fact that Special Development Orders [SDOs], which currently undergo parliamentary scrutiny, will no longer be required to go before the House for approval under the proposed legislation. Decisions made by the negative resolution procedure remove essential debate in the House and the effective checks and balances offered by our respected parliamentarians. This flies in the face of good governance within a transparent and accountable government. ’” Mr. Speaker, the Audubon Society’s press release then goes on to say this: “‘These decisions should be made in public view and with full consideration by the affirmative resolution procedure in Parliament. “‘The Ministe r’” (which is the Minister presenting the Bill) “‘has suggested that mandatory public consultation heightens the scrutiny of an SDO beyond parliamentary examination, yet the consultation pr ocess provides only an opinion and has little, if any, weight on decisions of national importance.’” Mr. Speaker, I agree with those sentiments, in particular, two of them. One is this does fly in the face of good governance within a transparent and accountable government. Good governance demands that you do not run from scrutiny, that you engage in debate, that you hear the criticisms. And you know the saying the Opposition has their say and the Gover nment gets their way ? You have got the votes, so what are you afraid of? The second point that I respectfully agree with from the Bermuda Audubon Society press release is that these are decisions of national importance. And on decisions of national importance, it is the elected Members of Parliament who are democratically accountable to the people to consider them, to review them, to scrutinise them, to rip them apart, to reprove them, dare I say, and then to vote on them in the proper fashion. Mr. Speaker, thank you for allowing me to read from the press release of the Audubon Society. In closing, Mr. Speaker, and I reiter ate for a third time, that if this Bill were to be amended . . . we may see an amendment that we would support. I would, personally vote for it if the affirmative resolution procedure was being proceeded with. Mr. Speaker, in the rounds you either support democracy or you do not. You support the importance of Parliament as a restraint and as a review body, as the brakes on the train, or you do not. If this is about leadership, well, leaders do not run from scrutiny.
5 Bernews 16 July 2021 Again, I respectfully request that the H onourable Mi nister think again because it would be very nice to see a Bill that had bipartisan support from this House. And on the other elements of the Bill, which I mentioned in the beginning, I very much support them and commend the Minister for them. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerI hear you. You are missing this though, so I do not know if I am seeing you fine, but a little red would have been nice in there, how is that? Go ahead, my friend, you have got the floor.
Mr. Christopher FamousMr. Speaker, I often . . . they tell me you have to listen twice as much as you speak. And I always find it interesting when I listen to the Opposition as to what they put so much passion into. There were two Honourable Members from [constituencies] 22 and …
Mr. Speaker, I often . . . they tell me you have to listen twice as much as you speak. And I always find it interesting when I listen to the Opposition as to what they put so much passion into. There were two Honourable Members from [constituencies] 22 and 23 speaking with a lot of passion. And I recall a few years ago we were debating a Bill, I forget exactly which Bill it was, and the Honourable Member from constituency 20 was speaking and she spoke with a lot of passion as well. She spoke about the need for more development, the need for the pub-lic to have more buy -in for development and I took note of that. So, when I . . . I will not be long, Mr. Speaker. What I see in this SDO [is] that it allows for more public consultation than previously. I wonder, why isn’t the OBA so passionate about that? Why are they so pas-sionate that it should come to Parliament? Why are they so passionate about scrutiny? Mr. Speaker, we, as a country, we are in some challenges. We need more development — controlled development. Not just over development, but controlled development. But along with that, we also need more public buy -in to the things that are going on in this country. So, when we have this Bill that has public consultation, what exactly is the problem? Is the O pposition thinking that the public know less than the people in Parliament? I do not think so. So, I asked myself, Self, why could they possibly have so much 1754 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly passion? Are there things that the OBA wants to object to? Hmm. Are there things, developments, that they themselves wish may not want to happen under this watch of this Government? I ask myself because at the root of that passion that we saw displayed for the last hour or so, there has got to be another reason why the OBA does not want us to bring a Bill that a llows for more public consultation. Mr. Speaker, I will not get into the talking about the NGOs and so on and so forth. But what I will say is that the Planning Department, headed by Ms. Victoria Pereira, [and] the Home Affairs Depar tment, headed by the Minister and PS Ms. Azhar — notice I named two women, two women who are full of integrity —and these women would never, ever compromise their professional or personal ethics for some of the things that are being inferred by others. I just want to thank them and I want to thank the Minister for bringing this forward that allows for more public consultation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member? Minister. Hon. Michael H. Dunkley: Mr. Speaker. Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerOkay. MP Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. S peaker. Mr. Speaker, thank you for the opportunity to contribute to this debate this afternoon on the Devel-opment and Planning Amendment Act 2021. I have appreciated the opportunity to listen to colleagues on both sides of the floor as …
Okay. MP Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. S peaker. Mr. Speaker, thank you for the opportunity to contribute to this debate this afternoon on the Devel-opment and Planning Amendment Act 2021. I have appreciated the opportunity to listen to colleagues on both sides of the floor as they have made pres entations, and I certainly respect the opinions that they have passed on. I think my colleagues have presented our side of the debate quite well here this afternoon and I want to chime in because I think it is important that we all have an opportunity and take that opportunity to speak on an important amendment that we face. I do not think there is any need for me to f ocus in too much on the benefits of the Bill because I think colleagues have done a good job at that, Mr. Speaker. But there are two critic al elements that I do want to focus in on. Mr. Speaker, before I get into that, I think it is important to state that there is a very delicate balance that all politicians try to hold when we discuss the e nvironment. It is a protection of the environment and also it is allowing development that puts the country in a position of betterment going forward and allows people who own that property to use those develo pment rights or that ability to take their property and turn it into something that they wish to when the time is right for them. That delicate balance is very hard to keep. And that delicate balance, Mr. Speaker, is looked at under many different microscopes by many different people. And that is why I was quite interested when I heard the comments f rom the Government that sometimes it is very important that they have the speed to get things done because in a time of a national emergency we might need to do that. But Mr. Speaker, I think my colleagues have pushed back in saying that we have always be en available to come back to the House and we will a lways be available to come back to the House if the need may arise. But when it comes to the environment, Mr. Speaker, which we see under siege all throughout the world and politicians all throughout the world talking about climate change, we realise now that it is better, in my humble opinion, Mr. Speaker, to err on the side of caution. Because once we lose something in the environment, we can never get it back. And I think just about every week there are stories coming up from around the world on the impact that climate change is having on the environment. Look at what has happened in Germany, I believe earlier this week, Mr. Speaker, when dozens of people unfortunately lost their lives because of rains that went on for three, four, or five days and floods swept through vast swaths of towns and just took people away, took buildings away. And people have said that this is due, in large part, to climate change. So, while climate change was something that was hardly talked about by individuals or politicians years ago, now it is something that is always reflected on and considered when policy is put in place, Mr. Speaker. Especially since we live in a very small community and a very small Island of only 21 square miles, we need to make sure that we do our best to not only protect the environment, but to allow deve lopment when it is appropriate. And we see climate change, we talk about climate change ourselves, Mr. Speaker, quite often here because we have had the propensity to have more hurricanes than we would like. But because of sound policy in the past on our building codes, Mr. Speaker, we have managed to weather those storms much better than many other communities have. And so, we should not step away from that sound policy to allow us to weather the storms to put us in a better position as we go forward. So, Mr. Speaker, where it comes to this Bill, the contentious issue of SDOs, I share my colleagues’ concerns. And I share the concerns of many in the community and the environmental groups, Mr. Speaker. And one of the things that I find interesting is that the environmental groups are equal opportunity critics. By that I mean that it does not matter who the party in power is. If they have got something to say and it is critical of the Government of the day, they will say it. I think every political party has faced off with these e nBermuda House of Assembly vironmental groups. And quite often they have solid points that they are making and sometimes gover nments just do not believe in those points. But in this case, Mr. Speaker, I think we should take on board those concerns because that is part of the consult ation that this Government has said that they laud. So Mr. Speaker, the Minister has said that this amendment will streamline the process and will help expedite matters. And there is no doubt that this will be the case. And that is laudable, Mr. Speaker. And certainly, when it comes to dealing with planning or government departments, all politicians will support streamlining as long as it is done in the appropriate place and time. Now, Mr. Speaker, I also think that those hard- working civil servants in the Planning Depar tment would also support a streamlined process because they are the ones quite often hindered by a process that does not allow efficiency in moving items forward to any conclusion, Mr. Speaker, not necessarily just an approval, but to a denial as well. So, that aspect of this debate, I think, is a given on both sides, Mr. Speaker. But Mr. Speaker, the issue that I have had, and I am like my colleague the Opposition Leader who served in the House for a number of years, I have a great issue with the negative resolution process be-cause I believe that it does reduce oversight of an item because, quite simply, as soon as t he Minister responsible signs that instrument, it becomes law. And so, while, yes, it will be tabled in the House, and any Member of the House can pick it up and it can be debated, you are debating something after the fact — after it already has become law. And the conversation, quite often, in my view, Mr. Speaker, is just moot. It is having a conversation which really does not mean anything because no government, no Minister, would sign a negative resolution process into law if they did not believe that the y had the full support of their co lleagues and they did not want it done. So, why have a debate about something that really does not mean anything, Mr. Speaker? That is one point. Now, Mr. Speaker, I do realise that in the parliamentary system the negative resolution process does play a part. It can be part of amendments that need to be made going forward, and it can be part of something that does have broad community support. Or it could even have broad parliamentary support in consultation between the Gov ernment of the day and the Opposition of the day, Mr. Speaker. But we are now here with SDOs. We are taking it to another level. We are raising the bar. We are changing the responsibility, Mr. Speaker. Because, in my view . . . and I remember, Mr. Speaker , when I first came to Parliament in 1997 and you were already an Honourable Member of the Chamber, Mr. Speaker. I remember hearing some of those who I looked up to and respected on both sides of the House talking about the need for parliamentary scrutiny, parliamen-tary oversight and debate in Parliament. And so, by having the negative resolution procedure, we are taking away from parliamentary scrutiny, Mr. Speaker. And parliamentary scrutiny is important because in the world we live in, Mr. Speaker, in a small community where MPs represent between 1,000 and 1,300 constituents (give or take a small percentage point either way), we all should be in touch with our constituents. And I know, Mr. Speaker, I can speak for myself and many Members on both sides of the floor, who are constantly in communication with their constituents. So, when a key piece of legislation is tabled, in two weeks’ time they have reached out to me or their MPs to talk about that legislation, to get an understanding of that legislation or, Mr. Speaker, to give us their understanding of what the legislation means. And that is why that parliamentary scrutiny and over-sight is so important, because not only are elected Members of Parliament there to serve and make the decisions —it is not the Cabinet Office on Front Street, is not the parliamentary caucus of the governing party, Mr. Speaker, it is not the civil servants —it is Parliament that normally sits in Session House that is r esponsible for the scrutiny, Mr. Speaker. And the negative resol ution process takes that scrutiny and dimi nishes it to a great extent, Mr. Speaker. So, currently we have SDOs that are subject to parliamentary oversight. In my humble opinion, Mr. Speaker, this is a retrograde step. Now, Mr. Speaker, the Honourable Minis ter did mention, and colleagues on his side who have spoken have mentioned that it will raise public consul-tation and public engagement. Now, Mr. Speaker, that is correct. But what does that actually entail? Is it just sending emails? Is it having public m eetings? Is it just allowing people a forum to contribute to, Mr. Speaker? And at the end of that process, Mr. Speaker, what does the Minister actually have to do to take on board that public consult ation or the engagement? In my humble opinion, Mr. Speaker, a Minister can just say they did it. And we have seen examples in the past where governments have lauded public consultation, but really the general public has not been comfortable with the consultation because it went against the grain of what they thought the outcome was of that consultation. One of those things, Mr. Speaker, is the Su gar Tax. That was a prime example that is still on peo-ple’s minds. And another one, Mr. Speaker, is educ ation. A third one, Mr. Speaker —and this one cuts across both part y lines —is when the motorised vehicles were allowed to be used up in the Somerset Park area, up in your neck of the woods, Mr. Speaker. R emember the public consultation on that? I think there were only two people who supported it and over 400 were against it, Mr. Speaker. So, at the end of the day, Mr. Speaker, in my humble view, public consultation and public engage-ment simply means that you had something. There is 1756 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly no responsibility for a Minister to act on the results or to act on the sentiment of that public consultation, Mr. Speaker. That is the way I see it. And I look for the Government to say how they can . . . how they plan on changing that, Mr. Speaker. But that is the reality of the situation. So, here we are. There are some benefits to this Bill, but we are taking something . . . a vehicle that has been so contentious through the years, for all political parties, is Special Development Orders, Mr. Speaker. And we now are allowing it to shy away from the scrutiny that it requires in the people’s pla ce, Mr. Speaker —the House of Assembly. And that is why I cannot support this amendment here this afternoon. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Anyone else? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, my contributions this afternoon will be brief. And my contributions will be that out of the three things that are inside of this particular Bill — the thre e main items which are inside of this particular Bill— I …
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, my contributions this afternoon will be brief. And my contributions will be that out of the three things that are inside of this particular Bill — the thre e main items which are inside of this particular Bill— I think that they are important to certainly be supported. And what I think is vital to recognise, wit hout question, is the fact that this Government has made promises to make Bermuda more efficient and it is delivering on the promises that it has laid out to make Bermuda more efficient. The first thing I want to deal with is certainly emergency development orders, Mr. Speaker. We know and recognise that after hurricanes and after storms and other types of natural disasters, that they are certainly emergency situations. And in this case and in this instance, Mr. Speaker, we are now rem edying a situation we find ourselves [in] time and time again after a hurricane, where we [have a] need for slate and we cannot get it. To allow these types of emergency development orders to be permitted in a case with a national emergency. So, it is certainly something where we recognised a problem and moved to fix a problem. On the matter of conservation, this is som ething that was in our 2017 election manifesto which is now coming to fruition in this Development and Planning Act. It is something, as was previously mentioned, which was championed by the late Minister, the Honourable Walton Brown, and it is something that we, as a Government, are proud to push forward. On the final matter, Mr. Speaker, on the issue of Special Development Orders, let me say this: The fact is that what we must do is that we have to recog-nise that it is imperative upon governments to make sure that they can be effective and efficient in the di scharge of their duties. The Minister has laid out very clearly the protections that are in place, which are far different than the situation that was in place before, meeting, certainly, the objectives which were laid out by the Ombudsman. And in this case and instance, Mr. Speaker, the Government is advancing not ne cessarily based upon political agendas, which we may see coming from the other side, but based upon what is in the best interests of this country and its develo pment as we move forward, Mr. Speaker. So, I would like to congratulate the Minister, the Deputy Premier, for his work on these particular initiatives. And I would also like to congratulate the Minister for his work in planning, stream lining so many various processes, for time and time again you have heard about making planning more efficient, making sure that the process of planning is handled quicker. We have made lots of different changes in policy. We are making changes to rules that will make it more efficient, Mr. Speaker, and will only serve for the be tterment of this country as we advance. This Government has laid out its economic recovery plan and for us to successfully execute our economic recovery plan, Mr. Speaker, we have to make sure that we are efficient and nimble. This Bill achieves those aims and objectives and I am proud that the Government is bringing it today and I look forward to its passage in this Honourable House t oday. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to make a contribution at this time? Any other Member? None? Minister. Hon. Walter H. Roban: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Walter H. Roban: Thank you, Mr. Speaker. As the debate has concluded with the contr ibutions, I will happily do a summation of the discus-sion. And, Mr. Speaker, I do this with great pleasure. I do it with great pleasure, hearing the comments and compliments that the Honourable …
Yes. Hon. Walter H. Roban: Thank you, Mr. Speaker. As the debate has concluded with the contr ibutions, I will happily do a summation of the discus-sion. And, Mr. Speaker, I do this with great pleasure. I do it with great pleasure, hearing the comments and compliments that the Honourable Premier has given to not only myself, but my team for the work that they are doing and that we have been doing since 2017. The reality, Mr. Speaker, is that the work that the Planning Department has been doing to better its processes and efficiencies is serving Bermuda as we speak. Right now, construction is booming. It has been . . . it is providing some of whatever lift is coming to the challenging economic times that we have, it is
Bermuda House of Assembly actually contributing to keeping and getting people, keeping people working. Since we came out of the state of emergency last year, construction has been moving forward. And the efficiencies and the work of the Planning team, having to literally chew gum and dance and juggle at the same time, is serving the country now. And this has been a commitment of the Government, as the Premier has outlined, and I am honoured to have been a part of the process to bring this about because it is helping the country right now, not just into the f uture, but right at this very moment. Construction is moving. I took great pleasure from the comments of the Honourable Minister Diallo Rabain, as well, for his support. He is one of the technical knowledgeable people in our team in areas of development and I am happy that he gave support to this Bill in the way that he has. The Honourable Chris Famous made the point, Mr. Speaker, widening public consultation, wi dening public involvement, in a very significant process. And his bewilderment that the Opposition, who likes to talk about some of these issues in a way, has issues with a Bill that actually wil l bring more public involv ement in the process, a very significant process. So, I thank the Honourable MP Famous for his contributions. But, also, Mr. Speaker, I did value the contr ibutions of the Opposition today. They were valuable too because they shoul d always have their role. And it is for that reason, Mr. Speaker, on a number of signif icant Bills, I have reached out to the Opposition and offered them to have consultation from my technical team in some of my other departments, because they are part of the process, too, so that they can bring value to the debate. So, I appreciate that they took up the offer to be advised by the technical officers because . . . what is unfortunate . . . and I am not suggesting that the Opposition did this, but some of the, I would call, “commentary” out there is almost implying that the members of the Planning Team might be susceptible to certain influences around and might not act in the best interests of development of this country or in the protection of land or in responding to things that the country may desire. That somehow, they might be susceptible to some questionable processes or, you know, the influence that sometimes developers bring to the table when it comes to, you know, trying to get things done, or maybe ev en be unduly influenced by some politicians. Well, I can tell you, Mr. Speaker, I find those implications . . . they have not been made in this House, but they have been made in other places, but I find them reprehensible because this team in Planning is unimpeachable. That is why we have seen the good work from them all these years, certainly, [while] I have been the Minister. They are unimpeachable. And just as with other major initiatives we have brought to this House, whether it be the Bermuda Plan, wh ether it be the Riddell’s Bay development, the Planning team has been impeccable in their work around these major initiatives that stand to . . . have brought great [influential results] to our landscape. So, I resent, Mr. Speaker, if that word is appropri ate in Parliament, the implications from others — not in this House, I make it clear —about the potential undue influences that might come which could bring about certain risk to our environment, because the Planning team is unimpeachable and I value their role and how they advise me with all these matters, as weighty as they can be. But Mr. Speaker, I want to go forth and r espond to some of the other comments that I have heard in the House. There were some interesting statements made by the speaker for the Opposition and others. There was a suggestion that the Bill had a singular premise. Well, we know that is not true. There was not a singular premise around this Bill, other than to improve the development and planning process. That is the only singular premi se for which we brought this Bill. And, as the Premier has outlined, a number of election and Throne Speech promises —that is the major premise of the Bill.
Mr. Jarion RichardsonPoint of order, Mr. Speaker. Hon. Walter H. Roban: But Mr. Speaker — The Spe aker: Point of order.
The SpeakerThe SpeakerI will take your point of order. POINT OF ORDER
Mr. Jarion RichardsonYes, that is what I said, the single premise is the greater efficiencies.
The SpeakerThe SpeakerOkay. Continue, Minister. Hon. Walter H. Roban: Well, Mr. Speaker, I would suggest that is incorrect. It is not just about greater efficiencies, but that is what the Honourable Member said. He talked about a single premise. That is not the single premise of the Bill. The Bill br ings …
Okay. Continue, Minister. Hon. Walter H. Roban: Well, Mr. Speaker, I would suggest that is incorrect. It is not just about greater efficiencies, but that is what the Honourable Member said. He talked about a single premise. That is not the single premise of the Bill. The Bill br ings about processes that will bring greater efficiency. It also brings about greater protection, and it also brings about the ability to more quickly respond to situations that we as a country have already experienced and will experience in the future, and it will allow a much more efficient response to those. So, the Bill has a number of premises. The only singular premise it has is to improve the overall pr ocess of development and protection, in particular, for our country. 1758 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly I also heard implications of rubber stamping as somehow this will allow a rubber stamping of the process or some of the processes that it addresses. Well, there is no rubber stamping. Explain to me, Mr. Speaker, how ensuring that the wider public of Ber-muda will have an opportunity to comment, to critique, to criticise and express their view on a potential d evelopment, prior to it even coming to a state of ap-proval, how is that rubber stamping? We are widening the participation, Mr. Speaker, in the process of development, just as the B ermuda Development Plan is also standing to do. And even, I would argue, the North East Hamilton Plan, which was announced publicly by myself, is also providing a wide public opportunity to shape development. And I will be honest with you, Mr. Speaker, this is the one Government —the PLP Government — that has consistently contributed to that. Because there are processes now and even with the amendment and, obviously, Mr. Speaker, yours truly was the Minister that brought the amendment in 2011, and the Opposi tion and others have taken great pains to r emind the House of that and certainly remind myself and others who have commented, on what I said, what I did, and presumably what I meant in 2011. But whenever it was done, Mr. Speaker, it was always to try and bring some level of improvement to the pr ocess or to bring about an end result that benefitted the country. Even in 2011, if I just slightly digress, Mr. Speaker, the 2011 Amendment facilitated an end r esult which ensured the protection of . . . well, ensured that a property that was in financial stress found a way out of financial stress. It preserved hundreds of Bermudian jobs. And here is one of the most important parts, it ensured the wider protection of lands that had not been protected— private land —that were then put into the government bank, some 40 acres, Mr. Speaker. One thing, Mr. Speaker, that the Progressive Labour Party Government has a consistent record [of is] with protection in the area of land in Bermuda. And I do not need to outline the record because the record speaks for itself. I could go back and list it, but that is not needed for this debate. There is a consistent —a consistent —record of protections, certainly, greater than the One Bermuda Alliance. And Riddell’s Bay is one of those consistent pieces of record of protection—
Hon. Michael H. Dunkley: Mr. Speaker, point of order.
Hon. Walter H. Roban: —balancing that with deve lopment.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Michael H. Dunkley: Yes, Mr. Speaker. That is his o pinion. I just want to make sure that the general public understands that that is just the Minister’s opi nion on whose record is what is concerning the env ironment.
The SpeakerThe SpeakerNoted. Hon. Walter H. Roban: Thank you, Mr. Speaker. The Honourable Member does not want me to list the record because it would be too painful for the OBA to hear. But I will move on, Mr. Speaker.
The SpeakerThe SpeakerPlease do. Hon. Michael H. Dunkley: Mr. Speaker, he is happy to list what record he believes. But I will be listening.
The SpeakerThe SpeakerNo, he is going to move on, so he can continue to go forward. We don’t have to go bac kwards. Hon. Walter H. Roban: No, Mr. Speaker, I will not digress into a diatribe with any other Members. I am summing up my presentation on this Bill. Mr. Speaker, …
No, he is going to move on, so he can continue to go forward. We don’t have to go bac kwards.
Hon. Walter H. Roban: No, Mr. Speaker, I will not digress into a diatribe with any other Members. I am summing up my presentation on this Bill. Mr. Speaker, there were implications about the withdrawal of parliamentary scrutiny. I think this has been addressed already with a number of points of order in that negative resolutions come to Parli ament, they can be taken up and addressed in any way any Member wishes. So, there is no withdrawal of the parliamentary involvement. The nature of involvement is changing, but it is not withdrawing, but that has been addressed already. But, Mr. Speaker, in going on, I was very pleased with the comments of the Honourable Member Minister Diallo Rabain when he said we can en-hance the conservation protections to private lands. And this Bill is bringing such a higher level of protection. There has been a consistent record, Mr. Speaker, going back many years. And you are a former Environment Minister yourself, looking for ways to provide additional protection, balancing that with d evelopment, adding land to the protected land bank of Bermuda. Whether it be in government or private, the PLP has consistently supported those efforts monetarily as well as legislatively. And this piece of legislation continues, is consistent with that record, Mr. Speaker. Now, Mr. Speaker, there are a number of pr ivate areas of land that are nature reserves, that through the work of a number of individuals and groups and persons who have had a particular interest, that exist in Bermuda. And I will just name a few of them: Paget Marsh Reserve, Idwal Hughes Nature Reserve, Hungry Bay Nature Reserve, Tom Moore’s Nature Reserve, Somerset Long Bay Nature Reserve,
Bermuda House of Assembly Vesey Nature Reserve— and those are just a few. I have not named them all; but those are a few. And those are all privately owned. They now have an opportunity to have the highest natural level of protection afforded public land. So, they c an be easily, with the consent of the owners, be put into a higher threshold of protection and can only be brought out through an affirmative resolution of the House. That is an extremely high level of protection. That is what is affor ded public land. This will now be an opportunity for pr ivate [land]. And as I said in my brief, there are already landholders parking up, looking at this for their own holdings. So, that in itself, Mr. Speaker, even before this Bill has passed the Legislature, there are already people who are acting in the affirmative of supporting the Bill. So, is that not . . . I mean that is ironic that there are people already acting and expressing their intention to take advantage of this Bill even before, and particularly the protection provisions, before it is even passed because they have confidence that this will provide . . . this is bringing something positive, Mr. Speaker, this Bill, irrespective of some of the sceptics out there who express scepticism about this Bill’s i ntentions. Now, I heard certain Honourable Members talk about irresponsible. And what is irresponsible, Mr. Speaker. Irresponsible behaviour around this and the intentions may be irresponsible. Well, Mr. Speaker, I just have a few questions to ask. Was it irrespons ible for the previous admi nistration to approve a development Act, in principle, for St. Regis without consulting the public or following the technical advice of the officers in the department? Was that irresponsible, Mr. Speaker? Yet, I hear a lot of argument from them about not following the legislative process. So, they themselves . . . and not only that, it was the same case with Morgan’s Point, a development act which avoided the SDO process, but also was not subject to any public consultation or foll owing necessarily the advice of technical officers, using a different legislative pr ocess to avoid the scrutiny that an SDO would provide, Mr. Speaker. And those are the two signature developments of the OBA administration that they continue to hang their hat on with pride. Oh, I am sorry, Mr. Speaker. I forget, there is another one! It is called the airport —another one that was pushed forward irrespective of the public view at the time. All projects that the former administration, the OBA, hang its hat on were done in defiance or with disregard for whatever public consultation or scrutiny or public review that they now are ascribing that they have an issue with this . . . or the changes that we are making. They did not use the SDO when it came to those par ticular initiatives. So, it is very interesting to hear the arguments being put when the record defies the arguments. And so I hope that the public has seen and is aware and understands that, Mr. Speaker. You know, we do struggle as legislators to be consi stent som etimes and it is a struggle, it is a battle, but it is i mportant. I think the public hopes that we can be as consistent with our behaviour and our arguments as possible, but I have not seen that today from the other side. When it comes to their record, the argument and the action do not quite follow on projects —
Hon. Michael H. Dunkley: Mr. Speaker —
Hon. Walter H. Roban: —that they hang their hat on—
Hon. Michael H. Dunkley: Point of order.
Hon. Walter H. Roban: —that they unapologetically —
The SpeakerThe SpeakerMinister, we have a point of order we will take. Hon. Michael H. Dunkley: Yes, point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: The Honourable Member is misleading the House at best. Those projects that he has mentioned certainly had broad consultation. And what I find interesting is that in regard to the St. Regis and the airport, Government officials were there …
Point of order.
POINT OF ORDER [Misleading]
Hon. Michael H. Dunkley: The Honourable Member is misleading the House at best. Those projects that he has mentioned certainly had broad consultation. And what I find interesting is that in regard to the St. Regis and the airport, Government officials were there smiling, enjoying the ceremony and cutting the ribbon, Mr. Speaker. Now, if that i s hypocrisy, it is at its best.
The SpeakerThe SpeakerAll right, [we] appreciate your contrib ution. Minister. Hon. Walter H. Roban: The only hypocrisy is the fact that the “in principle” approval of the Act was done without . . . was done with great protestation from the St. George’s community and not consistent with the advice given by …
All right, [we] appreciate your contrib ution. Minister.
Hon. Walter H. Roban: The only hypocrisy is the fact that the “in principle” approval of the Act was done without . . . was done with great protestation from the St. George’s community and not consistent with the advice given by the Planning officials. That is where the hypocrisy is, Mr. Speaker. But I am trying to sum up, I am trying to move on to make points that will support this legislation. And unfortunately we have seen this similar behaviour from some of the environmental groups as well, not quite making comments, not consistent with their own behaviour around certain developments. But I . . . and unfortunately, Mr. Speaker, some of the implications that we are hearing about “backdoor” and “question able” and “too much power in one place” are coming from that sector. And I think that is unfortunate be-cause there are so many people, whether it be within the environmental aspect of government, whether it 1760 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly be in the planning aspect of government and who deal with issues around land and government, they are committed to keeping this country healthy, balanced, and with a safe and natural environment for everyone, and managing development in a responsible wa y, providing environmental protections that follow a high standard. That is why, Mr. Speaker, when it comes to this particular piece of legislation, we have looked at international standards to follow. The prescription that we are shaping around SDOs is following international best practice. We ourselves remember the comments of the Ombudsman back in 2012. I certainly remember, as I was in Government at the time. And I certai nly took stock of them. And what we are doing is consistent with addressing the iss ues even raised by the Ombudsman. But as I outlined, attached with the UK’s own framework and with international convention, what we are doing and the prescriptive procedures and pr ocesses that we will outline after this legislation is hopefully passed by the Legislature, will follow those same international guidelines, will be consistent with the international guidelines. Because we understand the sensitivities right now in where we are. This is one of the very differences from 2011. We are now in a different world, Mr. Speaker, where the issues of env ironmental protection are as high as perhaps even human welfare and human health and education of our children and care of our seniors. Environmental protection is as high a priority. And especially for a co mmunity like ours, which is small, where the biodiversity is delicate, where i mpacts in a small development compared to a larger country, can have bigger impacts amongst everyone. We as a Government take that seriously. And that is why we are balancing the highest of protections with providing efficiencies and flexibility, but also pu blic involvement, in the wider process of development. And more so because the development process of Bermuda in general is going to be more participatory with the public now t han it has been in the past. And that, we believe, is the ultimate protection, that the public will have sight of what is happening around developments at the very technical level, and will have the ability to have their say in deciding where that d evelopm ent goes, in their communities as well as with larger developments that are believed will be in the public interest. So, with that, Mr. Speaker, I do move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy Speaker. Hon. Derrick V. Burg ess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerYou are in the Chair, sir. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. House in Committee at 3:49 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL DEVELOPMENT AND PLANNING AMENDMENT ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Development and Planning Amen dment Act 2021 . Minister, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. I seek your guidance. Would it be preferable for me …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Development and Planning Amen dment Act 2021 . Minister, you have the floor.
Hon. Walter H. Roban: Thank you, Mr. Chairman. I seek your guidance. Would it be preferable for me to move all six clauses or go 1 through 3 and 4 through 6?
The ChairmanChairmanYou may, if there are no objections, you may. Hon. Walter H. Roban: All right. Mr. Chairman, there is also a motion that I am also going to . . . and this may be where I will pause at clause 4. I believe that motion has been forwarded to …
The ChairmanChairmanYes. Okay. Hon. Wa lter H. Roban: An amendment to clause 5.
The ChairmanChairmanWell, let us do clauses 1 through 3 first and then we can do clause 4. Hon. Walter H. Roban: Thank you, Mr. Chairman. That is why I seek your guidance because it gives me the right direction. Thank y ou very much.
The ChairmanChairmanYes. No problem. Continue. Hon. Walter H. Roban: All right, thank you. The Bill seeks, Mr. Chairman, to amend the Development and Planning Act 1974 (“the principal Act”) to give the Minister the power during a national emergency to implement procedures to allow the D irector of Planning to expedite …
Yes. No problem. Continue. Hon. Walter H. Roban: All right, thank you. The Bill seeks, Mr. Chairman, to amend the Development and Planning Act 1974 (“the principal Act”) to give the Minister the power during a national emergency to implement procedures to allow the D irector of Planning to expedite the planning application and permission process, to provide for public consultation of an environmental impact assessment for a proposed development prior to the making of a special development order, to provide for development orders to be made by the negative resolution procedure r ather than the affirmative resolution procedure, to pr ovide for the publication of procedures for emergency
Bermuda House of Assembly development orders and development orders, to provide for the designation of privately owned land as a protected conservation area on written agreement with the owner of the land and to include a list of the protected conservation areas and for related matters. Mr. Chairman, clause 1 provides for the title of the Bill. Clause 2 amends section 1 of the principal Act to provide the meaning of “protected conservation area” as an area of land that is privately owned and designated as a protected conservation area under the new section 25A. Clause 3, Mr. C hairman, inserts section 14A into the principal Act to provide for the making of an emergency development order during times of nation-al emergency. The Minister, after consultation and consideration of such representations made by the Director of Planning, may provide for the publication of emergency procedures to be followed in the granting of planning permission for one year from the date an emergency development order comes into operation. An emergency development order will be subject to the negative resolution procedure. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers? There appear to be no further speakers. Minister, do you want to move clauses 1 through 3? Hon. Walter H. Roban: I so move. Okay, Mr. Cha irman, I move that clauses 1 through 3 be approved.
The ChairmanChairmanAre there any objections to clauses 1 through 3 being approved? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. N. H. Cole Simons: There is an objec tion, Mr. Chairman, there is an objection to [new section 14A](5) under clause 3.
The ChairmanChairmanYou fellows are slow. Hon. N. H. Cole Simons: We are not approving. Hon. Walter H. Roban: Wait a minute. Mr. Chairman, I thought we had moved the clauses. You had called for objections and— Hon. N. H. Cole Simons: He asked us do we approve all of them and …
The ChairmanChairmanNo. I asked if you approve clauses 1 through 3. Hon. N. H. Cole Simons: Right. And I am in [cla use] 3, [new section 14A](5).
The ChairmanChairmanYes, okay, but nobody said anything. Hon. N. H. Cole Simons: [INAUD IBLE] Mr. Chai rman, we are registering our disa pproval of clause 3, which is [new section] 14A(5). We are just registering our disapproval. That is all.
The ChairmanChairmanYes, but the procedure, Mr. Oppos ition Leader, there were no speakers to clauses 1 through 3. When we move to have them approved, all right, they are approved. You are supposed . . . you did not speak against them. If you— Hon. N. H. Cole Simons: I know, …
Yes, but the procedure, Mr. Oppos ition Leader, there were no speakers to clauses 1 through 3. When we move to have them approved, all right, they are approved. You are supposed . . . you did not speak against them. If you—
Hon. N. H. Cole Simons: I know, but you are asking for the House’s approval, so I am just saying I am not going to approve it.
The ChairmanChairmanOkay, all right. Hon. N. H. Cole Simons: Just that [clause] 3, [new section 14A](5).
The ChairmanChairmanOkay, all right. Hon. Walter H. Roban: [INAUDI BLE] Hon. N. H. Cole Simons: You may proceed.
The ChairmanChairmanOkay, thank you. Continue. Clauses 1 through 3 have been approved over the objection of [new section 14A](5) [by] the Opposition. [Motion carried: Clauses 1 through 3 passed.]
The ChairmanChairmanContinue, Mr. Minister. Hon. Walter H. Roban: Thank you, Mr. Chairman. I now will continue to read the clause- byclause description. Clause 4 amends section 15 of the principal Act to provide that, before making a development o rder, the Minister shall cause the conduct of public consultation of an …
Continue, Mr. Minister.
Hon. Walter H. Roban: Thank you, Mr. Chairman. I now will continue to read the clause- byclause description. Clause 4 amends section 15 of the principal Act to provide that, before making a development o rder, the Minister shall cause the conduct of public consultation of an environmental impact assessment of a proposed development with the Director of Planning and the Development Applications Board determining the manner of public consultation with a c onsultation period of not less than 21 days. It also changes the procedure for making a development order from the affirmative resolution procedure to the negative resolution procedure. Clause 5, Mr. Chairman, inserts section 15A into the principal Act —
1762 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly The Chairman: Minister, you are going a bit quick for me.
Hon. Walter H. Roban: Okay, I am sorry. I will stop there.
The ChairmanChairmanLet us deal with the amendment first. Are there any speakers to the amendment? Hon. N. H. Cole Simons: Mr. Speaker, I wou ld. On [clause] 4, [subsection] (b).
The ChairmanChairmanMm-hmm. Hon. N. H. Cole Simons: Again, I would like to regi ster the Opposition’s objection to [clause] 4(b) “by deleting ‘affirmative’ and substituting ‘negative.’” I am just registering our objection t o that amendment. Hon. Walter H. Roban: Understood.
The ChairmanChairmanOkay. Minister, do you want to move the amendment? Hon. Walter H. Roban: I wish to move clause 4 as written, Mr. Chairman.
The ChairmanChairmanYes, the . . . it has been moved that the amendm ent 4 be approved. Are there any objections to that? Can I hear . . . can you signify by voice?
The ChairmanChairmanYou do not have the amendment, Honourable Member?
Mr. Scott PearmanNo, Mr. Chairman, I’m not sure anyone on our side has the amendment. Hon. Walter H. Roban: Well, okay, wait a minute. Mr. Chairman, if you can advise me, the amendment that we submitted is in clause 5, not in clause 4.
The ChairmanChairmanHonourable Member — Hon. Walter H. Roban: I was just moving . . . I was just describing clause 4, but our amendment that we submitted for consideration and we submitted to the House yesterday is in clause 5. Hon. N. H. Cole Simons: We do not see the amendment, …
Honourable Member —
Hon. Walter H. Roban: I was just moving . . . I was just describing clause 4, but our amendment that we submitted for consideration and we submitted to the House yesterday is in clause 5. Hon. N. H. Cole Simons: We do not see the amendment, sorry. Hon. Walter H. Roban: It was submitted to the Clerk of the House and for the Speaker yesterday.
Hon. N. H. Cole Simons: Okay.
The Clerk: Mr. Chairman, we have an amendment to clause 6. [Laughter]
The ChairmanChairmanCome on, you guys. What is . . . [Crosstalk]
The ChairmanChairmanOpposition Leader, do you have the amendment? Hon. N. H. Cole Simons: I do not have it, Mr. Chai rman. [Crosstalk] Hon. Walter H. Roban: Okay. We found . . . I am sorry, Mr. Chairman, my mistake and I apologise for speaking in a misleading way. It wa s …
Opposition Leader, do you have the amendment?
Hon. N. H. Cole Simons: I do not have it, Mr. Chai rman.
[Crosstalk] Hon. Walter H. Roban: Okay. We found . . . I am sorry, Mr. Chairman, my mistake and I apologise for speaking in a misleading way. It wa s unintentional. It is actually an amendment to clause 6. I do apologise for my misdirection there —
The ChairmanChairmanThat is what I had down. Hon. Walter H. Roban: —and I apologise for misleading the House unintentionally. It is actually an amendment to cla use 6. I am sorry. Hon. N. H. Cole Simons: Accepted.
The ChairmanChairmanThere you go. Okay, let us do clauses 4 and 5 then. Hon. Walter H. Roban: Okay. I will now speak to the description of clause 5, I am sorry. Clause 5 inserts section 15A into the princi pal Act to provide that the Director of Planning shall pr epare …
There you go. Okay, let us do clauses 4 and 5 then. Hon. Walter H. Roban: Okay. I will now speak to the description of clause 5, I am sorry. Clause 5 inserts section 15A into the princi pal Act to provide that the Director of Planning shall pr epare and the Minister shall publish procedures for emergency development orders and development orders and for such procedures to be subject to the negative resolution procedure.
The ChairmanChairmanThank you, Minister. Are there any further speakers to clauses 4 and 5? Hon. N. H. Cole Simons: Yes, Mr. Chairman. Again, I would like to register the Opposition’s disapproval of the negative resolution in the proc edures and development orders. Bermuda House of Assembly The Chairman: Any further speakers? …
Thank you, Minister. Are there any further speakers to clauses 4 and 5? Hon. N. H. Cole Simons: Yes, Mr. Chairman. Again, I would like to register the Opposition’s disapproval of the negative resolution in the proc edures and development orders.
Bermuda House of Assembly The Chairman: Any further speakers? Minister, do you want to move clauses 4 and 5?
Hon. Walter H. Roban: Yes. Mr. Chairman, I wish to move clauses 4 and 5 as printed.
The ChairmanChairmanIt has been moved that clauses 4 and 5 be approved as printed. Any objections to that? The Opposition has voiced their objections to clause 5, I think it is, and it is approved by the Go vernment. [Motion carried: Clauses 4 and 5 passed.] Hon. Walter H. Roban: May …
The ChairmanChairmanYes, do you want to do your amendment on [clause] 6? AMENDMENT TO CLAUSE 6 Hon. Walter H. Roban: Yes, sir, Mr. Chairman. Mr. Chairman, at this juncture I would like to make the following motion that the Development and Planning Amendment Bill 2021 be amended as follows: “In clause …
Yes, do you want to do your amendment on [clause] 6?
AMENDMENT TO CLAUSE 6 Hon. Walter H. Roban: Yes, sir, Mr. Chairman. Mr. Chairman, at this juncture I would like to make the following motion that the Development and Planning Amendment Bill 2021 be amended as follows: “In clause 6, in section 25A(2)(c) by deleting ‘affirmative’ and substituting ‘negative.’”
Hon. N. H. Cole Simons: Why did you have to change that, Walter?
[Laughter]
Hon. N. H. Cole Simons: I do not [INAUDIBLE ] change that [INAUDIBLE].
[Laughter] Hon. N. H. Cole Simons: [INAUDIBLE]
The ChairmanChairmanAre there any speakers to the amendment? Hon. N. H. Cole Simons: The Opposition does not support the amendment. I think it is correct as written,
Mr. Chairman.
The ChairmanOkay. So you do not support th e amendment. Okay. Are there any further speakers to the amendment? Hon. Walter H. Roban: We register the objection.
The ChairmanChairmanOkay. Minister, do you want to move that amendment? Hon. Walter H. Roban: Yes, Mr. Chairman, I do move the amendment as printed.
The ChairmanChairmanIt has been moved that clause 6 be approved as amended. Any objections? The Opposition has regi stered their objection to that. Any other objections? There appear to be none. Approved. [Motion carried: Amendment to clause 6 passed.] Hon. Walter H. Roban: So now I will go down to clauses …
The ChairmanChairmanContinue with clauses 7 and 8. Hon. Walter H. Roban: Okay.
The ChairmanChairmanOh. I’m sorry. Hon. Walter H. Roban: I’m sorry. Yes. I will read the description for clause 6, Mr. Chairman.
The ChairmanChairmanYes. Hon. Walter H. Roban: Clause 6 inserts Part IVA, sections 25A and 25B, into the principal Act to provide for the designation of protected cons ervation areas on privately owned land. On written agreement with the landowner, the Minister may publish an order in the Gazette to designate an …
Yes.
Hon. Walter H. Roban: Clause 6 inserts Part IVA, sections 25A and 25B, into the principal Act to provide for the designation of protected cons ervation areas on privately owned land. On written agreement with the landowner, the Minister may publish an order in the Gazette to designate an area as a protected conservation area with that order being subject to the negative resolution procedure. A li st of the protected conservation areas will be provided in the new Fifth Schedule. The Minister may also make an order, on wri tten agreement with the landowner, to add, change or remove an area within a protected conservation area listed in the [new] Fifth Schedule. An order to add or change an area will be subject to the negative resol ution procedure and an order to remove an area will be subject to the affirmative resolution procedure. A map of each area listed in the Fifth Schedule as protected conservat ion areas shall be prepared by the Minister and made accessible for public view at a named place during reasonable hours. Thank you, Mr. Chairman.
Mr. Scott PearmanYes, Mr. Chairman. 1764 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly The Chairman: Mr. Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, clause 6 inserts new [section] 25A and on page 4 of the Bill you dealt with the amendment at [section] 25A(2). My question relates to the subclause below that, [section] 25A(3). And as you just read in the explanation, where there is a removal of …
Thank you, Mr. Chairman. Minister, clause 6 inserts new [section] 25A and on page 4 of the Bill you dealt with the amendment at [section] 25A(2). My question relates to the subclause below that, [section] 25A(3). And as you just read in the explanation, where there is a removal of property or land, this is going to merit the affirm ative resolution procedure. But where there is merely a change in the land, in the area of the land at [section] 25A(3)(b), this does not. And I would be grateful, Honourable Minister, if you can explain why the r emoval merits one sort of parliamentary debate but the change merits another.
Hon. Walter H. Roban: Thank you for the question. Well, I think —
[Inaudible interjection]
Hon. W alter H. Roban: Hello?
The ChairmanChairmanContinue. Hon. Walter H. Roban: Mr. Chairman, may I speak or shall I hold?
The ChairmanChairmanYes, yes. Continue. Hon. Walter H. Roban: During the debate, we made it clear that the removal of any property from being protected will require the full parliamentary scrutiny. But the addition of that land to the protected, that new protected class, will only need the negative resolution subject to …
Yes, yes. Continue.
Hon. Walter H. Roban: During the debate, we made it clear that the removal of any property from being protected will require the full parliamentary scrutiny. But the addition of that land to the protected, that new protected class, will only need the negative resolution subject to the agreement with the landholder. So the modification might be that maybe som e contours or some aspects of the land wishes to be potentially modified or that will perhaps . . . but [if] it does not p otentially impact the integrity of the protection, that can be done by negative resolution. But anything that would substantially change the protection over all the land will be subject to parliamentary scrutiny. So a modification can be done very efficiently. It will clearly be done with the agreement of the land-owner, whereas a significant removal of any portion of that land from prot ection will definitely require parli amentary scrutiny. So it is ensuring that the overall pr otection of the land is ensured, whereas a minor modi-fication or change, which would certainly be done with the support of the actual landholder, can be done very efficiently.
Hon. N. H. Cole Simons: Question, just a question. I am referring to [section 25A](4)(a). So if the donor would like to change it from “arable” to “open spaces” that would be done through negative resolution? Hon. Walter H. Roban: Okay. I k now you are referring to a “donor,” what do you mean by “donor”? B ecause—
Hon. N. H. Cole Simons: [INAUDIBLE ]
Hon. Walter H. Roban: —the land is owned by a person. They are not donating to anybody. Hon. N. H. Cole Simons: Okay. Fine. Sorry. So you have the privately held property . . . Hon. Walter H. Roban: Yes.
Hon. N. H. Cole Simons: The owner asks to change the classification from “arable” to “open spaces.” Does that apply here? Hon. Walter H. Roban: No. Changes in zoning is a totall y different area, Honourable Member. I appreciate your question, but the changing of zoning is a material change in the whole character of the land. And that would have a much heavier requirement and certainly [needs] to have a high level of scrutiny. Hon. N. H. Cole Simons: Okay. I accept that. So you said that there were changes — [Crosstalk] Hon. Walter H. Roban: The process of zoning, just to add, as you know, is very thick. It is a part of the Be rmuda plan process . So changes of zoning does not change, irrespective of the protections.
Hon. N. H. Cole Simons: Okay. So you said that this applies to various transactions. Can you give me the type of transaction this is referring to?
Hon. Walter H. Roban: I did not say “various transactions.” But per haps there was a minor addition of additional land that the owner wanted, or there is some aspect of the land that needs to be modified. And a minor modification that does not change the overall protection that has been given, that is where the nega tive re solution would be with the agreement of the landholder, not something done contrary to the wishes of the landholder.
Hon. N. H. Cole Simons: Okay. Hon. Walter H. Roban: So zoning change, as ever yone knows, is a much more complex matter and is not the subject of these provisions.
Hon. N. H. Cole Simons: Okay. That is good enough for me.
Bermuda House of Assembly Hon. Walter H. Roban: Thank you.
Mr. Scott PearmanMr. Chairman, I defer to the O pposition Leader there, but I still have a question if I may? Hon. N. H. Cole Simons : Yes, go ahead.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, the terms “adding,” “changing” and “removing” appear in [new section 25A] (3)(a), (3)(b), and (3)(c). Now, those are not, insofar as I can tell, defined terms in the primary Act. I have just looked in the primary Act. I may be wrong. It is a …
Thank you, Mr. Chairman. Minister, the terms “adding,” “changing” and “removing” appear in [new section 25A] (3)(a), (3)(b), and (3)(c). Now, those are not, insofar as I can tell, defined terms in the primary Act. I have just looked in the primary Act. I may be wrong. It is a long Act. But I could not find them. Now, adding and removing, I can see how that is pretty sensible. We add; we remove. But I think you might agree with me t hat changing is more of a nebulous concept. And when you were explaining the answer to my previous question, the an-swer to the Honourable Opposition Leader, you seemed to suggest that changing would mean a minor modification. Where and how have you concluded that a change is merely a minor modification? [Open microphone; crosstalk]
Hon. Walter H. Roban: Okay. Honourable Member, I appreciate your question because we need to have clarity. For instance, maybe a shift in the boundary. A change may be a shift of the boundary.
Hon. N. H. Cole Simons: Okay.
Hon. Walter H. Roban: Not changing the zoning or a change in some protection that would impact deve lopment or imply a possible opportunity for develo pment. Once those lands are in protection, development is prohibited. No exceptions. So, no change will impact the gravity or the strength of the protection because once those lands are in that protected class, you cannot develop on the land.
Mr. Scott PearmanBut, Minister, given what you are trying to achiev e here, and I commend what you are trying to achieve here, why wouldn’t they all be su bject to the affirmative resolution procedure? Hon. Walter H. Roban: I think we have addressed that already, Mr. Chairman.
Mr. Scott PearmanNo, I don’t think so, res pectfully. Hon. Walter H. Roban: Well, I do, Mr. Chairman. I think we have adequately addressed it.
The ChairmanChairmanBut, Minister, there is no problem in giving an answer to that because we want clarity. There is no problem with asking the question— Hon. Walter H. Roban: Oh, I—
Mr. Scott PearmanThank you, Mr. Chairman. Hon. Walter H. Roban: Okay. I have no problem with the question. But all of those changes that are r eferred to in that clause will be done with the agre ement of the landholder. So, just as the putting in of these substantive holding with …
Thank you, Mr. Chairman.
Hon. Walter H. Roban: Okay. I have no problem with the question. But all of those changes that are r eferred to in that clause will be done with the agre ement of the landholder. So, just as the putting in of these substantive holding with the agreement of the landholder, if the landholder comes to us with, Well, there is a boundary change which would have to be assessed will further complement the protection of the land, that is the sort of change that we would support being changed, because it supports the additional pr otection and integrity of the protection that has been given. Hon. N. H. Cole Simons: Let me ask a secondary question. So, if a private land owner extends [INA UDIBLE] whe re do the [ INAUDIBLE] to? Hon. Walter H. Roban: I’m sorry. I did not hear the question properly. Hon. N. H. Cole Simons: If the landholder extends the boundary of protection, will there be a [INAUD IBLE] to the [INAUDIBLE]? Hon. Walter H. Roban: Okay. I am still having difficu lty hearing because there is background noise, Mr. Chairman.
The ChairmanChairmanThe Honourable Member has asked that if there is a change in the boundary, meaning that the lot becomes larger, is there a stamp duty attached to that? Hon. Walter H. Roban: A stamp duty? No. No, no. Not for this. No. Hon. N. H. Cole Simons: Okay. I just …
The Honourable Member has asked that if there is a change in the boundary, meaning that the lot becomes larger, is there a stamp duty attached to that?
Hon. Walter H. Roban: A stamp duty? No. No, no. Not for this. No.
Hon. N. H. Cole Simons: Okay. I just wanted clarity, that’s all. That is why I am asking.
Hon. Walter H. Roban: No problem. Happy to answer the question as best I can. No problem. Thank you, Mr. Chairman. I am happy to answer the questions, Mr. Chairman, as best I can.
The ChairmanChairmanAny further comments? Hon. Walter H. Roban: Oh! And also, just an added point, Mr. Chairman, it has nothing to do with conve yance.
The ChairmanChairmanThank you. 1766 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: Land use. Not conveyance. Hon. N. H. Cole Simons: Okay.
The ChairmanChairmanNo further comments? Minister, complete clauses 7 and 8 then. Hon. Walter H. Roban: Yes, Mr. Chairman. Thank you for your obliging me and I am happy to have explained answers to those questions for the Opposition.
The ChairmanChairmanMm-hmm. Hon. Walter H. Roban: Mr. Chairman, clause 7 i nserts the Fifth Schedule to the principal Act which will contain a list of protected conservation areas. Clause 8 provides a consequential amendment to the Protected Species Act 2003 to make clear the distinction between an area designated as a …
Mm-hmm.
Hon. Walter H. Roban: Mr. Chairman, clause 7 i nserts the Fifth Schedule to the principal Act which will contain a list of protected conservation areas. Clause 8 provides a consequential amendment to the Protected Species Act 2003 to make clear the distinction between an area designated as a pr otected conservation area under the principal Act and an area designated as a protected area for critical ter-restrial or marine habitat for the protection of a spec ified protected species under the Protected Species Act 2003.
The ChairmanChairmanAnd clause 9, yes. Hon. Walter H. Roban: And clause 9 provides that the Bill will come into operation on a day appointed by the Minister in the Gazette.
The ChairmanChairmanAny further speakers to clauses 7, 8 and 9? Hon. N. H. Cole Simons: No, Mr. Chairman.
The ChairmanChairmanThank you. Minister, do you want to move clause 6, as amended, and clauses 7 and 8? Hon. Walter H. Roban: Yes, Mr. Chairman, I move claus es 7 and 8 as printed.
The ChairmanChairmanAnd clause 9. Hon. Walter H. Roban: Clauses 7, 8 and 9 as printed. I am sorry.
The ChairmanChairmanAnd clause 6 as amended. Hon. Walter H. Roban: Yes, thank you for your gui dance, Mr. Chairman. And clause 6 as amended.
The ChairmanChairmanAny objections to the motion? There appear to be none. Approved. [Motion carried: Clause 6 passed as amended.] [Motion carried: Clauses 7 through 9 passed.]
The ChairmanChairmanMinister, you want to move the Schedules and then the preamble? Hon. Walter H. Roban: Yes, Mr. Chairman. I move the Schedule and the preamble as printed.
The ChairmanChairmanYou have to do the Schedule first. Hon. Walter H. Roban: I’m sorry, Mr. Chairman. [Crosstalk] Hon. Walter H. Roban: I move that the preamble be appro ved. The Deputy Clerk: Mr. Chairman, you do not have to move the Schedule because the Schedule is a part of clause 7.
The ChairmanChairmanOh, okay. Thank you. Thank you, Mr. Somner. Hon. Walter H. Roban: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Walter H. Roban: Mr. Chairman, I move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House as amended. [Motion carried: The Development and Planning Amendment Act 2021 was considered by a Commi …
The ChairmanChairmanMr. Speaker. House resumed at 4:14 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE DEVELOPMENT AND PLANNING AMENDMENT ACT 2021 Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any objections to the Development and Planning Amendment Act 2021 being reported to …
Mr. Speaker.
House resumed at 4:14 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
DEVELOPMENT AND PLANNING AMENDMENT ACT 2021
Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any objections to the Development and Planning Amendment Act 2021 being reported to the House as amended? There are none. The Bill has been reported as amended. Thank you, Members. We now move on to the next item on the O rder Paper today, which is the second reading of the Public Treasury (Administration and Payments) Amendment and Validation Act 2021 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill enti tled the Public Treasury (Administration and Payments) Amendment and Validation Act 2021 be now read a second time.
The SpeakerThe SpeakerAre there any objections to that? Any objections? There are none. Continue, Minister. BILL SECOND READING PUBLIC TREASURY (ADMINISTRATION AND PAYMENTS) AMENDMENT AND VALIDATION ACT 202 1 Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment wishes this Honourable House to now give consideration to the Bill entitled Public Treasury …
Are there any objections to that? Any objections? There are none. Continue, Minister.
BILL
SECOND READING
PUBLIC TREASURY (ADMINISTRATION AND PAYMENTS) AMENDMENT AND VALIDATION ACT 202 1
Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment wishes this Honourable House to now give consideration to the Bill entitled Public Treasury (Admi nistration and Payments) Amendment and Validation Act 202 1. Mr. Speaker, on the 12th of March 2020, the World Health Organization categorised the COVID -19 outbreak as a pandemic less than three months after first reporting an unusual cluster of severe pneumonia cases in China. It only hinted at a possible new di sease. Cases and deaths have rapidly grown to over 120,000 and 4,600, respectively. And little was known aside from evidence that large gatherings played a key role in the rapid spread of the virus. Mr. Speaker, less than one week later on the 18th of March 2020, the Bermuda Government announced that the first diagnosed case of COVID -19 had been confirmed in Bermuda. Mr. Speaker, without any pharmaceutical agents known to be safe and ef-fective against COVID -19, most governments around the world were left with no choice but to impose nonpharmaceutical interventions to reduce transmission of the virus and mitigate risks to the public health. These included bans on public gatherings, mandatory stay-at-home policies, closures of schools and nonessential businesses and in some cases, like Berm uda, restrictions or complete closures of borders. While these proved effective in reducing transmission, their impact on many economies has been severe. Mr. Speaker, as I mentioned previously, the impact of the pandemic has been felt differently by individuals depending on their circumstances, most notably those without the ability to earn income wor king from home. No doubt, Mr. Speaker, the impact of this pandemic has been profound on all of us, but I ask the Members of this Honourable House to consi der the impact on individuals who were deprived of the ability to earn income to provide for their families. For many in Bermuda, in addition to dealing with actual or potential health challenges, they fac ed a struggle to even take care of their basic needs due to no or significantly reduced income. It was clear that the Government needed to provide financial assi stance to those individuals most impacted by r estrictions on movement and thus their ability to provide for their families. The disruption of the COVID -19 pandemic has been experienced and felt by all, but in a manner that neither has been equitable nor balanced. The unemployment benefit [UEB] programme represents this Government’s best effort to ensure that impact of the necessary public health imperatives to keep our co llective society safe was more balanced, especially for those who were forced to sacrifice their ability to earn income for the greater good of all. Mr. Speaker, the Government therefore in very short order drafted regulations to provide an emergency temporary unemployment benefit, a first of any kind in Bermuda. Further as the fast -paced pandemic evolved and outbreaks occurred in Bermuda, the Government was committed to extend or reintr oduce support as necessary which resulted in several amendments to the regulations to authorise pa yments. Mr. Speaker, as I have already stated before this Honourable House, the demand for the unem-ployment benefit was overwhelming and substantial as there were 10,000 applying for initial support and more than 6,500 reapplying for continued benefits under various amended regulations. Because of the cri tical nature of ensuring that funding was provided to these vulnerable persons on a timely basis, initially at the onset of the first shelter -in-place order, there were instances in which there was insufficient time for the unemployment benefit applications to be completed within the full review and approval process prior to making payments in accordance with the unemplo yment benefit regulations. Mr. Speaker, there is therefore a need to val idate any such payments made under any of the u nemployment benefit regulations to an eligible person without prior approval as required by the relevant u nemployment benefit regulations. During the initial UEB, the Department of Workforce Development for-mally approved 3,300 applications, having vetted them in accordance with the regulations. During the 1768 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly second phase of UEB, all 5,833 applications that have received benefits were fully vetted and approved in advance of payment. Mr. Speaker, due to the fast -moving developments, including rapid changes of infection rates on the Island, it is necessary to also validate all instances in which extensions were made to the paym ent of the unemployment benefit. Some benefits were made pr ior to the extension of their relative regulations due to timing differences between when amendments can be gazetted and when individuals were expecting and relying on their next benefit payment to help provide for their families. From the 6 th of January through the 23rd of March, 357 payments were made for a total of $516,065.90. Payments of $73,000 were made to i ndividuals who were under mandatory medical quarantine without pay from their employers. And 267 pa yments of $443,000 were made to individuals whose income was directly impacted by the restrictions on bars and on indoor dining. Lastly, Mr. Speaker, there were other instances in which some recipients of unemployment benefits received more money than their legislated entitlement. In most cases, this was due to individuals or their employers not advising on a timely basis that they had returned to work as required under the regulations. Some recipients have already returned their funds, while others whether or not they were aware, have not and therefore still owe the government. Mr. Speaker, I would like to take a moment to explain further how the overwhelming majority of these situations occurred by walking through an actual example. One i ndividual was eligible for benefits beginning on the 24 th of March 2020, the effective date of the regulations, and ending of the 25th of May when they returned to work. This is a period of nine weeks, meaning, he or she was eligible for a total benefit of $4,500. However, Mr. Speaker, while he went back to work on the 25 th of May, he did not inform the Government, contrary to the requirements in the regul ations, until late in June. Therefore, on the 10th of June, he was paid an additional biweekly payment of $1,000, which represents money he received while working and earning normal income while not infor ming the Government. This scenario represents the vast majority of funds outstanding. It is the Government’s intention to inform all individuals with outs tanding balances of this nature and pursue the recovery of amounts directly from respective recipients. To this end the Ministry of Finance has formally commenced this recovery effort and sent emails to 2,075 individuals, which represents an aggregate of $2.6 million of the $3 million that is outstanding. While initial attempts will be pursued directly with the individuals, where appropriate and as needed, the Government will engage with employers in our efforts to return funds to the public purse. It shoul d be noted that several individuals, and in a few instances companies on behalf of their employees, proactively returned funds they knew were more than the benefit entitlement in advance of the Gover nment’s formal recovery efforts. The expectation is that all individuals and all companies that are informed will follow these examples of responsible citizenship and swiftly return funds. Mr. Speaker, it is important to reemphasise that the COVID -19 pandemic was not something most countries were sufficiently prepared for. When the Bermuda Government was faced with having to e nsure that its citizens were able to support themselves and their families due to the financial impact of the public health measures, it was operating in a new territory and without the luxury of time. Mr. Speaker, as I have mentioned previously, it was a time when saving lives had to take prec edence over rigid adherence to rules of best practice for the greater good. Notwithstanding that predic ament, sufficient processes were followed and amended to ensure that the actions contemplated by this Bill are to validate eligible payments and to assist in the recovery of any amounts outstanding to the Gover nment. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution? Hon. N. H. Cole Simons: Yes, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I support the Minister’s introduction. The pandemic was catastrophi c to this country, both from a health point of view and an economic point of view. Our economy virtually closed down. There was …
Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I support the Minister’s introduction. The pandemic was catastrophi c to this country, both from a health point of view and an economic point of view. Our economy virtually closed down. There was high unemployment. There was closure of a number of businesses. We have had businesses that had been around for centuries that h ave closed as a result of the pandemic. And that has left an ec onomic scar on this country that will last for years to come. Mr. Speaker, I am very, very sympathetic to those people who lost jobs and came upon tough times economically. There are still a number of people in our community trying to recover from the challenges that we face economically and health- wise. At this juncture I take the view that if we have a healthy popu lation, we will have a healthy economy. So what we are seeing now, Mr. Speaker , our COVID -19 numbers are down. There are very few people in the hos-pital. And so our healthy population is on its way and hopefully with proper discipline within the community, we will see our COVID -19 numbers sustained at the current levels, which is very positive. Our economy, in
Bermuda House of Assembly turn, will get the injection that it needs to move forward. The only comment that I would like to make on this issue is that I understand the dilemma. I understand that we were in a crisis situation, Mr. Speak-er, and I unders tand that when we are talking about government money we are talking about the people’s money. The Minister indicated that they tried to put procedures and protocols in place so that there is proper accountability and governance for the people’s money. But events overtook him and he was not in a position to get those procedures in place and completed in time. I have seen where this Government has a habit of making decisions and not putting the proper protective protocols in place before the procedures are rolled out. And so all I am saying is that I know the horses have left the stable. Let this be a lesson to the Minister that when we have these support pr ogrammes, be they unemployment benefits, or provi ding economic support to our small businesses, that we really have the infrastructure in place before the pr ogrammes are rolled out because we have to be r esponsible when it comes to the people’s money. And we are accountable to them and we owe it to them to demonstrate that we are proper stewards of their assets, the money that they pay to this government. And so my message there is: Going forward, let’s ensure that we have the operational procedures and the protocols in place before we publicly a nnounce any type of support programme, because, as I said, you are talking about the people’s money, not the government’s money, not the PLP’s Cabinet money. You are talking about the people’s money. The only other comment that I would like to make . . . and the Minister was very, very clear in r egard to how he arr ived in this situation. And he gave the example of how an employee who was on the benefits went back to work on May 24 and did not r eport his return to work until June 10, and as a cons equence received an additional unemployment benefit payment. My quest ion to the Minister is: How is he going to manage those individuals who fall in this cat egory but are not able to repay the funds, who cannot afford to pay the funds? Are we going to write off this money? What protocols does he have in place to support these individuals who cannot repay the $2.2 mi llion which the Government intends to pursue in regard to this $3.5 million overpayment which was made by Government? When we last spoke the Minister indicated that 300 people have repaid approximately $500,000. Where are we today? How much have they recovered since our last sitting? Like I said, I am sympathetic to his cause and I understand the process. I understand how he found himself in that situation, but what is going to happen to those individuals who not in a position to repay the overpayment because they do not have the resources and they are still in rough times even though they may be working part time, even though they may be wor king at a reduced salary? So can the Minister provide comfort to those people on how he intends to help those people get out the dilemma in which they find themselves? And with those brief comments, Mr. Speaker, that is all I have. I look forward to hearing the Mini ster’s comments.
The SpeakerThe SpeakerThank you, Opposition Leader. Does any other Member wish to make a contribution at this time? Any other Member?
Mr. Scott PearmanI’m just getting the video on. Hopefully it is on. Here we are. Mr. Speaker, thank you v ery much. Thanks to the Honourable Minister for his clear and concise presentation of this Bill. We have actually had a Mini sterial Statement on this Bill at the last sitting. There …
I’m just getting the video on. Hopefully it is on. Here we are. Mr. Speaker, thank you v ery much. Thanks to the Honourable Minister for his clear and concise presentation of this Bill. We have actually had a Mini sterial Statement on this Bill at the last sitting. There was a considerable question and answer, and we are grateful to the Honourable Minister for his clear and straight responses to those questions as posed. I had just two questions that I wish to raise to the Honourable Minister and hopefully he will do the indulgences of addressing them. One is in fact the question that I note that the Opposition Leader has already raised, and that was of when we were here previously in this Honourable House. The Honourable Minister of Finance confirmed that $500 million [sic] (give or take) had been recovered and I was — Hon. N. H. Cole Simons: [It was] $500,000.
Mr. Scott PearmanSorry, $500,000. I slipped. I am just curious how much more has been recovered since that Statement to the House two weeks ago. Mr. Speaker, my second and final question to the Honourable Minister is this: As I understand it, the reason for these overpayments was that someone was out …
Sorry, $500,000. I slipped. I am just curious how much more has been recovered since that Statement to the House two weeks ago. Mr. Speaker, my second and final question to the Honourable Minister is this: As I understand it, the reason for these overpayments was that someone was out of work and he or she was gaining support financially and they went back to work and failed to notify the Government that they had gone back to work. And so it was that failure that caus ed continuing overpayments of some $3.5 million to have been paid. And the Minister in his Statement on this Bill refers to a set -off plan. And the idea, as I understand it, is that if any of those people are to claim money, the unemployment benefit, in t he future, the overpa yment will be set off against any future claim. And my question for the Minister is this: I do not quite understand how that is going to work because it seems to 1770 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly me that anyone who owes an overpayment to the Government owes the overpay ment to the Gover nment because they went back to work and are at work, and therefore the vast majority of them, unless they lose their jobs, there will be no set -off to be made because they will not be claiming in the future. So, if the Honourable Minister could just confirm whether I have understood that correctly or if I misunderstood that, because otherwise the set -off seems somewhat artificial and meaningless. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? Any other Member? There appears to be none. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. I would like to respond to some of the questions put forth by the Opposition Leader and others. …
Thank you, MP. Does any other Member wish to make a contribution at this time? Any other Member? There appears to be none. Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. I would like to respond to some of the questions put forth by the Opposition Leader and others. I would just say, I want to be clear that this is not a d efensive comment but just one of reality. I do not think there is a person yet who we have found on the face of the earth who was able to predict to some degree of certainty that we were going to have a pandemic. And so I make no apologies for not knowing one was coming and not being prepared to know how to deal with one. As I said before, we had two days to stand up a programme to provide support to Bermudians who were going to be negatively impacted by the shelter -in-place orders. I would say that objectively I think we did a very good job and I think the overwhelming majority of people of Berm uda, especially those who were recipients of funds at that time, would agree. I certainly accept the point that it is the pe ople’s money. Of course it is. And that is exactly why we are choosing to pursue recovering those funds because, as I said before, I am not clairvoyant. I am not sure when the next crisis may present itself. And inasmuch as there is money that is owed to the go vernment, we should do our best to recover it. So we are working on that. With respect to the question around how much additional funds have been collected, as I mentioned in the Ministerial Statement two weeks ago, half million dollars was returned voluntarily either from recipients and/or their employers. We have officially kicked off the formal effort now to recover the other monies (earlier this week) and so no additional amounts have been captured yet, although there have been a flurry of telephone c alls to individuals who have been proactively reaching out to the Government to try to identify how much is owed so that they can get started on [getting] that process going. We will endeavour to provide some degree of flexibility, but people will have the opportunity to es-tablish payment plans if they are unable to pay the full amounts by the dates that have been established in emails that mos t folks [INAUDIBLE ] lead up to the course of the last few days. But it is our intention here not to besmirch peopl e’s reputations, their characters, or create problems for them with credit. All we are tr ying to do is recover in an orderly fashion the monies that they were not entitled to, and we will have some degree of accommodation and will work with people. With respect to the question regarding the right to set off , it had been my hope to kind of have this legislation passed a whole lot sooner wherein we could have set off amounts owed against benefits that were paid over the course of the most recent wave of unemployment benefits. But inasmuch as we did not get it here on time, and there may be a need for set - off in the future, it is a tool that we have in our quiver that we did not have before that inasmuch as there is a next time, we certainly can avail ourselv es of it going forward. With that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 4:38 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PUBLIC TREASURY (ADMINISTRATION AND PAYMENTS) AMENDMENT AND VALIDATION ACT 2021
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Public Treasury (Administration and Payments) Amendment and Validation Act 2021 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, the Bill seeks to amend the Public Tr easury …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Public Treasury (Administration and Payments) Amendment and Validation Act 2021 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, the Bill seeks to amend the Public Tr easury (Administration and Payments) Act 1969 [ the “Act” ] with respect to set-off; and to validate certain matters related to u nemployment benefit s effective during the COVID -19 pandemic that has presented an unusual disruption to the Bermuda economy. Mr. Chairman, I would like to move clauses 1 through 3.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Bermuda House of Assembly Clause 2 amends section 22A(1) of the Act to insert paragraph (b) to ensure that the provisions with respect to the right to set -off extend to sums paid for the purpose of assisting …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 is self - explanatory.
Bermuda House of Assembly Clause 2 amends section 22A(1) of the Act to insert paragraph (b) to ensure that the provisions with respect to the right to set -off extend to sums paid for the purpose of assisting unemployed persons (“un-employment benefit”). Clause 3 provides for validation of certain payments of unemployment benefits provided such payments could lawfully have been made in accor dance with the relevant Unemployment Benefit Regul ations prescribed under section 33 of the Act. This clause also preserves the right to recover funds, pr eserves liability to prosecution and related matters.
The ChairmanChairmanThank you, Minister. Are there an y further speakers? Hon. N. H. Cole Simons: No, Mr. Chairman.
The ChairmanChairmanOkay. Minister, do you want to move those clauses for approval? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 3 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I would like to move that the preamble be approved.
The ChairmanChairmanIt has been moved that preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Public Treasury (Administration and Payments) Amendment and Validation Act 2021 was considered …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The Public Treasury (Administration and Payments) Amendment and Validation Act 2021 was considered by a Committee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 4:41 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE PUBLIC TREASURY (ADMINISTRATION AND PAYME NTS) AMENDMENT AND VALIDATION ACT 2021
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Public Treasury (Administration and Payments) Amendment and Validation Act 2021 being reported to the House as printed? No objections. The B ill has been reported as printed. Members, thank you for your contributions today. That brings us to the end …
Thank you, Deputy. Members, are there any objections to the Public Treasury (Administration and Payments) Amendment and Validation Act 2021 being reported to the House as printed? No objections. The B ill has been reported as printed. Members, thank you for your contributions today. That brings us to the end of the items that are on the Order [Paper] today. We will now ask the Ministers to do their third readings.
Hon. Walter H. Roban: Yes, Mr. Speaker. May I continue, Mr. Speaker?
The SpeakerThe SpeakerYes. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: I move that Standing Order 21 be suspended to enable me to move the Bill ent itled the Development and Planning Amendment Act 2021 be now read a th ird time by its title only.
The SpeakerThe SpeakerAre there any objections to that? There are no objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING DEVELOPMENT AND PLANNING AMENDMENT ACT 2021 Hon. Walter H. Rob an: Mr. Speaker, I move that the Bill be now read a third time by its title only and …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. Thank you, Minister. Minister of Finance. 1772 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order …
The Bill has been read a third time by its title only and is now passed. Thank you, Minister. Minister of Finance.
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Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Public Treasury (Administr ation and Payments) Amendment and Validation Act 2021 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PUBLIC TREASURY (ADMINISTRATION AND PAYMENTS) AMENDMENT AND VALIDATION ACT 2021 Hon. Curtis L. Dickinson : Mr. Speaker, I move that the Bill be now read a third time by its …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Public Treasury (Administration and Payments) Amendment and Validation Act 2021 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Members and Ministers.
The SpeakerThe SpeakerAt 10:00 am? Hon. E. David Burt: Yes, 10:00 am would be a good time. And I understand that the Deputy Speaker would like to say something.
The SpeakerThe SpeakerThank you. Would any Member — Hon. E. David Burt: Maybe you can throw down the gavel again, Mr. Speaker .
The SpeakerThe SpeakerWell, it is in my hand. Would any Member wish to make a comment on the motion to adjourn this evening? Any Members? Mr. Christopher Famous: Yes, Mr. Speaker.
The SpeakerThe SpeakerI hear you; I do not see you yet.
Mr. Christopher FamousHold on. I am having problems with my video, Mr. Speaker. Hold on. Can you see me? Hon. Derrick V. Burgess, Sr.: If he has problems, can I go, Mr. Speaker?
The SpeakerThe SpeakerWell, let the Deputy Speaker go right now. The Deputy Speaker seems to be ready. We can sort you out afterwards then. Okay? [Inaudible interjections] Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Thank you, MP Famous.
The SpeakerThe SpeakerWe can just get yo ur camera adjusted, Deputy. We hear you loud and clear. BANK ACCOUNTS FOR SENIORS Hon. Derrick V. Burgess, Sr.: Okay. I am trying to get that going. Mr. Speaker, over the last couple of weeks I have had complaints about some residents of Berm uda, …
We can just get yo ur camera adjusted, Deputy. We hear you loud and clear.
BANK ACCOUNTS FOR SENIORS
Hon. Derrick V. Burgess, Sr.: Okay. I am trying to get that going. Mr. Speaker, over the last couple of weeks I have had complaints about some residents of Berm uda, parti cularly seniors, who have put those whom they can trust on their bank accounts for reasons that if they become incapacitated then funds will be avai lable for that person to get and disperse for whatever has got to be paid. Now, they go to the bank and they do this procedure. But the problem, what has been happening, Mr. Speaker, is that if the person who they put on the account has, let’s say a mortgage with the bank, and they are in arrears, then the bank goes to that account and takes the money. And I am quite aware what the bank has in their mortgage agree-ments with those who have a mortgage. But the problem is, Mr. Speaker, that they go into this account, with no knowledge by the senior who has put them on the account. And, Mr. Speaker, I think the bank and all these institutions have a duty to advise members, whether they be seniors or whoever, that if they put someone on their account, they should advise them of the consequences. They should not just be able to go and take these funds and the senior (in particular) finds out this has happened when they get a stat ement —to their surprise. I would ask the banks to fix that immediately, because that is not the way bus iBermuda House of Assembly ness should be handled. They must advise anyone, seniors included, that if they were to put someone on their bank account for whatever reason, there can be some consequences.
USE OF POLICEMEN’S BODY CAMERAS
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, also, I was pleased to see that the Commissioner of Police won the case against a police offi cer for turning off (let me say) their camera. They have a different name for that. He won that case. So I am happy with Mr. Corbishley, and I say that sincerely. The lesson, I guess, is that if you have got a camera, you leave it on. It ap-pears it is ille gal for the policeman to turn off their cameras. Now, let me say, on the other hand, with all due respect to the Commissioner (the Commissioner was not here when this happened), when they went to Dr. Brown’s office and raided his office, they (the police) disabled their cameras. This was illegal. And those policemen should have been dismissed for mi sconduct. So you see we have these two sets of rules — one for others, one for some (whatever you want to call it) , but there are two sets of rules. There is nothing right with that. And again, the present Police Commi ssioner was not here for that. But it cannot be right on one side of the street and wrong on the other side of the street. They must treat people all the same, with respect, and they cannot, should not, be allowed to come in anybody’s place . . . they broke into Dr. Brown’s office and disabled their cameras.
EMANCIPATION DAY/MARY PRINCE DAY
Hon. Derrick V. Burgess, Sr.: Now, Mr. Speaker, July 29 of this year will be the celebration of Emanc ipation Day, and July 30 will be Mary Prince Day. Mr. Speaker, I do not celebrate Emancipation Day. In fact, when I worked in the hotel industry, I worked both of the Cup Match days. And one of the reasons I worked those Cup Match days was because I felt that those days, public holidays, were the only days that I was paid what I was worth. In other words, thanks to my trade union, the Bermuda Industrial Union, if I worked eight hours, I got paid for 20 hours. So I always worked on Cup Match when I worked in the ranks, Mr. Speaker. Now, Mr. Speaker, I want to sincerely we lcome the chief occupant of the largest house on Lang ton Hill to her first Emancipation Day in Bermuda, and Mary Prince Day the next day. I sincerely hope that she will come out past the beautiful Hamilton Parish on her way to St. George’s and see St. George’s rescue the Cup from those other boys from up west. What a wonderful occasion that will be and she should witness that. But, Mr. Speaker, when I think of “emancipation,” we know what emancipation means. I mean, the slavery was abolished in Bermuda on August 23, 1833, and it became a fact on August 1, 1844. But as the word “emancipation” means freedom, we were not free. Black folks in particular were not free, Mr. Speaker. Mr. Speaker, just pr ior to August 1, 1844, the establishment were going around Bermuda and preaching to former slaves (former slaves to be) about being subservient to the master and telling them that if they act up (and these are my words) those same people who gave them freedom will take it back from them. So, Mr. Speaker, we never had freedom. In fact, it was 125 years onwards in 1959, after days of pr otest, that Blacks could go into theatres and sit where they chose. Mr. Speaker, when our Bermudians went away in World Wars I and II, they came back home and they couldn’t vote. Just imagine, Mr. Speaker, fighting for world peace and you go back home and you could not vote. Now, there were some who could vote if they had land, but that was subject to the scr utiny of the powers that be, because your land had to be worth a certain amount. And the only time that they had some freedom in voting was in 1968. They were free to vote. Of course, I think you had to be 25 or 21 at that time. And then, Mr. Speaker, all of these acts that I am explaining already, and which I will explain some more, were condoned and sanctioned by the chief occupant of the largest house on Langton Hill who reported at that time to, I think it was White Hall, now they call it the FCO [Foreign and Commonweal th Office] because you know the Governor at that time sat in the Legislature. Then in 1920 they enacted what they called the Development Act and took land from people in Tucker’s Town and they set the rate at what these folks would get. And they have done this to people who, in the definition of the word “emancipation,” were supposed to be free. But there were not. And then they would not pay them the wages they requested. In fact, in 1944, when the Americans came here to construct the bases, they paid everybody the same amount. But when the powers that be in the country found out, the Labour Board enacted policy that You don’t pay Black Bermudians the same as whites. And so Black ’s wages were frozen while the workers from overseas and white workers got thr ee increases. Not only that, they got cost of living and everything else. And eventually that is what started the BWA [ Bermuda Workers Association] and then it eventually became the BIU [Bermuda Industrial Union] . And then under this emancipation where you were supposed to be free, they jailed Reverend Monk. Why did they jail Reverend Monk? Because, via his newspaper, he was reporting about the atrocities on the worksite. And they trumped up this charge of li a1774 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly ble. And no matter who Reverend Monk would have brought in, because he did bring in a lawyer (and he died the night before the trial), they were going to jail him. And they did, Mr. Speaker! Reverend Monk was pastor of one of the AME churches, he served a few of the AME churches in Bermuda. And he had Reverend Tobitt, a nother AME minister who, because of his involvement, because he became the President of the Bermuda Union of Teachers (Bermuda’s first union), and he got involved with the international trade union movement and Marcus Garvey, they forced him off Island. This is all under emancipation where we were supposed to be free. All endorsed, condoned and approved by the chief occupant of Langton Hill. And then monies even in the 1930s, monies to go build our schools, and they gave money to five schools. One Black school, Berkeley. Even though Blacks were two- thirds of the school population, Berkeley was awarded only 18 per cent and they gave Saltus, Whitney, Warwick Academy, Bermuda High School, the rest. And then, Mr. Speaker, on November 9, 1998, after the PLP won the election, prior to them winning the election if you read any of the auditor’s reports, you would have seen new language that they started to use when the Progressive Labour Party took power. When the Progressive Labour Party took par ty in 1998, after that the auditor’s reports started using words such as “maladministration,” “fraud,” “corrupt,” —every adjective you can find. But we never found those words for the previous UBP Government, Mr. Speaker. In his 1998 report, Mr. Speaker, he reported that $16.3 million was not collected because law firms devalued assets so that they could pay less duty (or tax) to the Government. Those actions did not warrant one adjective in his report to describe that action, Mr. Speaker. And many other things that happened . . . never, never . . . if you look in those books, you would have never seen such words. But when it came to the Progressive Labour Party it was a different story. In fact, Mr. Speaker, if you [allow me], I would like to just read som ething that one of my younger colleagues released this week. If you do not mind, Mr. Speaker, it is only a few words.
The SpeakerThe SpeakerGo ahead, Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. He was talking about somebody, “This clearly is a sign that there continues to be a divide in our community where the historically disadvantaged are seen as corrupt and the historically privileged are seen as deserving.” That is …
Go ahead, Deputy.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. He was talking about somebody, “This clearly is a sign that there continues to be a divide in our community where the historically disadvantaged are seen as corrupt and the historically privileged are seen as deserving.” That is what he wrote. A young Member seeing that already. That is how they treat us, all under emancipation. Then, Mr. Speaker, if you look at our prison population. Mr. Speaker, I still cannot figure this out. Why is our prison population 98 per cent Black ? Why, Mr. Speaker? You know, I saw a report on television, I think it was last week where they said that Blacks and whites use the same amount of marijuana, proportionately. But Blacks were six times more likely to be charged, investigated and jailed before whites. In Bermuda I guess it is nine times out of ten Blacks will be investigated and jailed before whites. And consequently our prisons are full with Black men, in particular, and a few Black women. Mr. Speaker, I am going to ask the chief occupant of Langton Hill, the largest house on Langton Hill, to take the chains off Dr. Bro wn, off of Zane De Silva, and off of Zane’s daughter Zara, take those chains off them. Let’s get true emancipation. Invest igate why Blacks are investigated and jailed and whites are not. Investigate the income disparity that still exists in Bermuda today. This has gone on for hundreds of years, Mr. Speaker. So I am asking those folks . . . not those folks, I’m sorry, our first female, our first Black chief occupant of Langton Hill, that large house on Langton Hill, to let’s have true emancipation. Let’s hav e true freedom in this country for Blacks. Mr. Speaker, before I close I would like to just congratulate Rashida Godwin, Maxine Esdaille, Shirley Pearman, Charles Jeffers and Dr. Michael Bradshaw on doing tours and giving the history of emancipation to those who are interested. This has been offered by the Ministry of Youth, Culture and Sport under the honourable leadership of the Honour-able [Senator] Ernest Peets. So we want to thank them. Because I will not be able to talk next week in this capacity, I w ant to thank St. George’s in advance for winning the Cup and thank Somerset for participat-ing.
[Laughter]
Hon. Derrick V. Burgess, Sr.: I just hope they look nice and smart as they always do. And do not take the licking too serious. You know, it’s time. The carpentry work has been completed at St. George’s Cricket Club and there is now room for the trophy. So that cabinet will be decorated with the trophy come July 30. And I thank you, Mr. Speaker, for supporting St. George’s in your capacity of Speaker of the House. Thank you.
[Laughter]
The SpeakerThe SpeakerThank you, Deputy. Deputy, I believe you had a good line and length until you got there. I think you missed the wicket there at the end. [Laughter] Bermuda House of Assembly The Speaker: Would any other Member like to make a contribution at this time?
The SpeakerThe SpeakerPoint of order. POINT OF ORDER
Mr. Scott PearmanThe Member of Parliament is improperly dressed for Parliament and needs to r emove his mask. [Laughter]
An Hon. Member An Hon. MemberMr. Speaker, I concur that he is impro perly dressed.
The SpeakerThe SpeakerYes. I think you need to adjust your . . . there you go. Now we can allow you to speak. How is that?
Mr. Christopher FamousWell, do you see my light blue shirt and my dark blue jacket, Mr. Speaker?
The SpeakerThe SpeakerWe are stil l trying to get the colour a djusted here. PLP GOVERNMENT FOCUSED AND UNITEDLY TACKLING THE ISSUES
Mr. Christopher FamousI want to thank my opening bat, the prolific batter from Harris’ Bay, transplanted to Bailey’s Bay when appropriate, the Bishop, bec ause he said in his closing argument everything I want to say so there is no need for me to repeat that, Mr. Speaker. Mr. Speaker, it has …
I want to thank my opening bat, the prolific batter from Harris’ Bay, transplanted to Bailey’s Bay when appropriate, the Bishop, bec ause he said in his closing argument everything I want to say so there is no need for me to repeat that, Mr. Speaker. Mr. Speaker, it has been a long time since I have been able to call your name. Mr. Speaker, are you familiar with English literature?
Mr. Christopher FamousThere is a gentleman called Charles Dickens. According to history, he wrote quite a few books. But we never know. There were a lot of ghostwriters around at that time. But according to history there is a sayi ng from Charles Dickens, credited to Charles Dickens that said, “ It …
There is a gentleman called Charles Dickens. According to history, he wrote quite a few books. But we never know. There were a lot of ghostwriters around at that time. But according to history there is a sayi ng from Charles Dickens, credited to Charles Dickens that said, “ It was the best of times, it was the worst of times , it was the age of wisdom, it was the age of foolishness . . . .” Mr. Speaker, four years ago this week, two days from today, the people of Bermuda in record numbers (I may add) went to the polls and duly elec ted the PLP Government, 24- 12. Let me repeat: 24- 12. One year ago, give or take, they went back to the polls and they re- elected the PLP Government with five extra seats. Mr. Speaker, I am no statistics guy. I will leave that to persons such as the Honourable Mi nister Jason Hayward and the Honourable Finance Minister. According to those numbers it seems as if the people of Bermuda—all people of Bermuda—have increased their faith in us. Why is that, Mr. Speaker? In 2017, we were faced with a number of challenges —challenges with our schools, grass not getting cut, no Wi -Fi in school, teachers not being able to do this, that and the other. The Honourable Diallo R abain was given a mandate to get on the job. There have been bumps along the road. Some things need to be adjusted, but we have tackled head- on the need to reform our education system. Under the stewar dship initially of the Honourable Premier David Burt as Finance Minister, he tackled head- on the need to trim our deficit. In June 2018, we went from 24 seats to 25 seats. Subsequent to that, the Honourable Curtis Dickinson became the Finance Minister. And he tac kled head- on and continued trimming our deficit, sho wing that this PLP Gover nment is about economic r eform without cutting the civil service. Mr. Speaker, under my cousin, the Honour able Wayne Caines, he and others (notably my other cousin, Reverend Leroy Bean) tackled head- on the issue of the challenges with our young men. He was out there night and day. And for one year, Mr. Speaker, we actually had zero gun murders. That was a proud moment, not just for Minister Caines, but for all of us in Bermuda. So much so that the then Premier 1776 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly of the Turks and Caicos Islands, Honourable Sharlene Cartwright -Robinson, came to Bermuda to find out what we were doing because they needed to tackle these problems in Turks and Caicos Islands, Mr. Speaker. Mr. Speaker, in 2018, we were faced with an Order in Council by our colonial masters that we must —we must —surrender our public registers of beneficial ownership and we must do all of these other things. And as one of the leading Governments in the Overseas Territories we stood up and said, No, we are not. We are not allowing foreigners to vote in our elections. We are not allowing you to change our morals and we are not surrendering our public benef icial ownership registers just through an Order in Council, not until it becomes a global standard. You see, Mr. Speaker, the people went back to the polls in 2020 because they saw that we are a party that does not shirk from what we have to do. Yes, we make mistakes along the way, or mistakes are made along the way, but on the road to righteous-ness you must come across sinners now and then (according to “Bishop” Burgess). You see, Mr. Speaker (as you know, you were once in our caucus so you know), on Wednesday, do not set a time that you are coming home because caucus will get hot because we will debate things i nternally before it reaches Friday. And th at is tradition; I can assure you that this tradition has continued. Why? Because we are not a party of homogeneous thinkers. We do not all think alike. We do not all see things alike. We do not all agree on everything. But what we do agree on is that we are here to represent all people of Bermuda. Those who voted for us, those who didn’t vote us, and those who are upset with us and say that they are not going to vote for us again. We have to have a broad church of opinion, Mr. Speaker. But e ither way, at t he end of the day, we have to get things done. The Honourable Finance Minister brought a Bill to the table earlier. So the fact of the matter is that some people got overpaid. But in some countries, the people never got paid. They got $1,000 [as] a onetime payment. Their governments told them, That’s it. You’ve got to figure out on your own how you are going to survive. You see, Mr. Speaker, 18 months ago we were on track with increased jobs, increased bus iness openings, increased tourism and then along came COVID -19. A word most of us never even heard of before. I remember the last day we sat in your Honourable House where you are now, Mr. Speaker, and in the Upper Room, the Common Room, as the Honourable Opposition Leader states, we watched the WHO [Worl d Health Organization] director from Ethi opia, declare that this was a worldwide pandemic. I remember looking at the Honourable F inance Minister and saying, What does this mean for us, Minister? I saw a look on his face and he said, This means we have to g et tougher and we have to protect our people. I asked, What does this mean? to the Health Minister. The Honourable Kim Wilson said, We have to save lives, Chris. So what did we do? We shifted gears and f ocused on preserving the health of our people. We f ocused on preserving our economy the best that we could. We focused on providing funds for our people who were out of work due to no fault of their own. We focused on how a small country like ours could sur-vive a global pandemic. Everyone was in lockdown. Everyone was [saying], What is going on? WhatsApp was going off left, right and centre. How can I get food? How can I get this? So, not just as a Gover nment, but as a party we worked together with our western branches under the organiser of Tulani Bul-ford, who helped organise food for people who did not have food. Under the Warwick branches Honourable Tyrrell, Honourable Lawrence Scott and others worked together to make sure the people of Warwick were fed. In town, the Deputy Premier and the Honourable Michael Weeks worked together to make sure the town people were fed. In Devonshire, Honourable Minister Diallo Rabain, then Senator Vance Campbell and others worked together to make sure that Devo nshire people were fed. Down in the east, Mr. Speaker, the St. G eorge’s batting team led by the Honourable Renee Ming, her batting partner the Honourable Kim Swan, and her batting partner the Honourable Lovitta Foggo made sure that the people of St. George’s and St. David’s Island were fed. You see, we do not operate just as a Go vernment, we are a party. And more than a party, we are a family. Yes, we have our squabbles now and then, Mr. Speaker, but the one thing is: We are a fam ily and we survive. We did that for over one year. We helped to stabilise our COVID -19 num bers, we helped to reopen businesses. Mr. Speaker, we had a hiccup in March where unfortunately we lost lives. And hopefully this is a les-son learned for all Bermudians that all it takes is (I don’t want to say careless ) but let’s say a few unwi tting peopl e to cause an outbreak. Mr. Speaker, we have to move on. We can’t forget that we are still in a pandemic. But we still have to carry out the mandate under which we were voted in in 2017, and again in 2020. So let me get a little bit more granular, Mr. Spea ker. Due to the vast majority, let me say 99.9 per cent, of Bermudians and Bermuda residents following the guidelines we were able, one week ago, to move off of the CDC Level 4 list to where we are now, on the CDC Level 1 list, which means to say that is t he safest list possible. So when tourists are looking for places to go, and they look up who is on CDC 1, Bermuda (alphabetically) should be on top of that list. Again, Mr. Speaker, due to the vast majority of Bermudians following guidelines, we have moved
Bermuda House of Assembly off of the UK’s amber list to the UK’s green list. So those coming from Europe can look and say, Hey, Bermuda’s on the green list. Mr. Speaker, what is the net result? Due to the hard work of the Minister of Tourism, the Honourable David E. Burt and the Mini ster of Transport, Honourable Lawrence Scott, our ai rplanes coming in are now full. Go down to Perot Post Office any given day and you will see how full our planes are. Our taxi drivers who are making less than $20 a day, up until a few months ago, are now busy again. Ask me how I know, Mr. Speaker. I had to wait almost an hour for a taxi the other day, and I live in Devonshire. That is how I know things are percolating again. Our hotels are filling up. Those who have Airbnb, the middle- class Bermudians, are now seeing bookings again. If I go to a restaurant, they are going to ask me, Do you have a reservation? Mr. Speaker, while other countries unfort unately have to put in curfews and look at lockdown measures, we are pressing ahead. So when I see people, whether they were elected or unelected say, Hey, we need to open up! And you ask them, Well, what is closed? Nothing is closed, Mr. Speaker. Ev erything is open! The only thing that is closed or con-trolled is at our borders. Mr. Speaker, in our neighbour to the west, America, the COVID -19 Delta variant is raging. B ecause, why? They have no controls at their border. They simply have a negative test, come in, and that’s it! I heard MP Dunkley say that this is what we should do. How is that working out in Am erica, Mr. Speaker? Their numbers are going up. Our numbers are going down. Mr. Speaker, we also now have cruise ships coming into our harbours. We are doing homeporting, something that most of us have never heard of before. That is through the work of the Tourism Minister, Transport Minister . . . and let me say, the Transport Minister is ably helped by a team at his headquarters. He should name those ladies every week [when] we count our tourism numbers because they work hard under PS Jasmin Smith. They worked hard to put our homeporting programme together. There were hi ccups along the way. But, Mr . Speaker, almost every day there is a cruise ship out in town or in Dockyard. There is more foot traffic in St. George’s than ever before. Again, a hiccup, but it is going to be sorted out. Not only that, Mr. Speaker, the Viking line has said they want to sign up for more time because it is a success. There are other cruise lines that are saying that they want to come here, Mr. Speaker. But let me move on, Mr. Speaker. You heard earlier today from the Honourable Minister Colonel David Burch about the infrastructure stimulus pr ogramme. The steps at Elbow Beach are fixed now, or are being fixed. There is a wastewater project down at the east that is underway. Just yesterday they opened up the new world- class MDR Laboratory [ Molecular Diagnostic and Research] where we are now able to take samples of Bermudians and have results in six hours. In America you have to wait 48 hours for r esults at times. Our MDR Laborator y, headed by our Bermudian princess, Dr. Carika Weldon, is so well - renowned that other countries are now sending samples here, Mr. Speaker. But the critics will not tell you that. They won’t tell us that. Mr. Speaker, there are so many other things. We hav e increased our ties with our Caribbean neighbours. We have provided more training for our young people. But let me end here, Mr. Speaker. Let me go back. It was the best of times, it was the worst of times, it was the age of wisdom, it was age of foolis hness. Mr. Speaker, the entire country has borne wi tness to some foolishness this week. I will not get into any specifics, but let us just say fraudsters expose themselves. It does not take a government to expose a fraudster. Mr. Speaker, rules are in place, regul ations are in place, because we have to keep our country safe. No one wants to go back to finding out two people died last night, this place is shut down, you cannot go to a restaurant, you cannot go to your bar-ber shop —no one wants to live that way! So we have to accept the reality that COVID -19 is here. We have to live with COVID -19 and live with regulations. Not because the Government is a dictatorship, but we are trying to keep our ship floating. Mr. Speaker, four years ago when we got voted in, no one could have predicted what we are dea ling with now. No one! For anyone to say that the last four years have been easy will be totally dishonest. As a people and as a Government, we have been cha llenged. We have been congratulated. We have been thanked. We have been booed. We have agreed; we have disagreed. But guess what, Mr. Speaker?
The SpeakerThe SpeakerYou have about a minute . . . about 56 seconds.
Mr. Christopher FamousThrough it all, Mr. Speaker, we have stood firm. So I say to my brothers, PLP, all the way! United we stand, divided we fall. Thank you, Mr. Speaker.
The SpeakerThe SpeakerMP Simmons. Would you like to take your 20 minutes now, sir?
Mr. Jamahl S. Simmon sI won’t take that long, sir.
The SpeakerThe SpeakerYou have your 20 minutes. Go ahead. PLP GOVERNMENT SEEKING TO CHANGE THE MIND -SET AND TRANSFORM BERMUDA 1778 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly Mr. Jamahl S. Simmons: Mr. Speaker, I rise today out of a sense of obligation to the people who elected …
You have your 20 minutes. Go ahead.
PLP GOVERNMENT SEEKING TO CHANGE THE MIND -SET AND TRANSFORM BERMUDA
1778 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Mr. Jamahl S. Simmons: Mr. Speaker, I rise today out of a sense of obligation to the people who elected me. I rise today out of a sense of obligation to my personal morals, spiritual, and ideological imperatives. And I rise today out of a sense of obligation to the ideals, beliefs and philosophy of my party, the Pr ogressive Labour Party. Ideals such as those articulated in our very first election platform: equitable tax ation, an end to racial discrimination, economic parity and welfare programmes, as well as housing, educ ational and electoral reform. Four years ago this Sunday, Mr. Speaker, we were blessed —we were blessed— with an opportunity to govern this beautiful land. Elected by a people who believed we had been humbled by our time in the wi lderness of Opposition and were willing to give us, not only another chance, a big chance. The ideals of our founder s from so long ago still resonated. The value and the ideal of breaking down the Two Bermudas, resonated. But like our founders, like all of our political forebearers in the Progressive Labour Party before us, we who believe in the elevation of the conditi on of the small man are offended by and forced to contend with a certain mind -set. A mind- set that adheres and listens to the cries of non- Bermudians wanting to buy a piece of the rock but is deaf and whose hearts have been har dened against the cries of our own born and bred Bermudians struggling to find a decent, affordable place to lay their heads. A mind -set that hears and listens to the cries of foreign investors for tax relief and benefits but is deaf and whose hearts have been hardened against easing the burden in real and transformative terms for those who cannot afford to make ends meet in their own country. A mind- set that hears the cries of those who want to grow Bermuda’s population but is deaf and whose hearts have been hardened against the cries of those who are pleading for more to be done to give our own Bermudian people the hope and the means just to stay here. And who are also deaf, Mr. Speaker, and whose hearts have been hardened against those crying for a plan to bring back Bermudi-ans forc ed to leave our home for a better life and better opportunity. A mind -set that has no problem contemplating term limits on Government assistance for the poor and working poor and the introduction of budgeting classes for those on financial assistance, but has no issue with allowing financial assistance in the form of tax and other concessions for businesses to roll over into perpetuity with no demand that they learn how to be-come better managers and custodians of their own finances. A mind- set that hears t he cries of those who say, Lock up the criminal, but are deaf to the cries of the worker whose employer steals from them, pocketing money that is supposed to go towards the health insurance or pension. A mind -set that either defends, makes excuses for, or is impotent when it comes to those who price -gouge us and only grudgingly employ us, yet whose hearts have still been hardened by those who are demanding action. A mind- set that causes dec isions that disproportionately and negatively impact the poor, the working class, and Black Bermudians tough, when in reality it is simply business as usual. A mindset that says that the ends justify the means and that believes that deception, intimidation and arrogance are acceptable. Like me, so many of my constituents have expressed their disgust, their dismay, and their desire to see this mind- set caught, conquered and defeated. Like me, they believe, and they have told me, that for too long the mind- set that I have spoken of has dom inated the narrative, dominated the approach, dom inated Bermuda and dominated an economy that has left too many Bermudians behind. Our people want to see that mind- set defeated, conquered and wiped away. They want to see a change to one that recognises that the struggling Bermudian needs, deserves, and are entitled to the same respect, the same attention, and the same sense of urgency that the elite, the rich, the privileged and the non- Bermudian receive. They want to see a change of mind- set. Away from a mind- set that for too long has look ed down upon the poor and the struggling Bermudian and sought to either blame them for their condition or assumed they had committed some sin for which they were being punished. They want to see a change of mind- set. When I and my constituents see aspects of the Government’s economic plan that we debated ear-lier this month, they and I still feel hope, but we need more. And our people deserve more than hope. Today many of our youth see Bermuda, Inc. as a broken and failed model and are speaking out about ho w they want better for themselves and their children. Today we see groups emerging that view Bermuda, Inc. as a failed and broken model and are starting to push id eas and suggestions that are in direct line with the ori ginal ideals of the Bermuda Progressi ve Labour Party: equitable taxation, an end to racial discrimination, economic parity and welfare programmes, as well as housing, educational and electoral reform. Ideas emerging from this changed mind- set are growing. Ideas which were once considered radi cal and unthinkable are becoming rational and urgent. We can elevate the poor out of poverty. We can stop the prison revolving door and we can take broken men and women and make them whole. We can invest in our people and give the support they need to get off the wall, to get trained, to get hired, to get promoted and, yes, even to get their own bus iness. We can transform Bermuda into an even greater land of opportunity and bring our people home to work, live and flourish. All it will take is the defeat of and a change from a certain mind- set.
Bermuda House of Assembly Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time? Any other Member? Hon. E. David Burt: I guess . . . am I ready to close? Hon. Michael H. Dunkl ey: Mr. Speaker. [Crosstalk]
The SpeakerThe SpeakerMP . . . I hear . . . MP— Hon. Michael H. Dunkley: Yes. Good afternoon, Mr. Speaker. I think my microphone is unmuted and my video should be recording now.
The SpeakerThe SpeakerMP Dunkley. BERMUDA TRAVEL AUTHORISAT ION FORM Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, good evening to you and colleagues. I appreciate the opportunity to speak on the motion to adjourn tonight, Mr. Speaker, after listening very assiduously to Members who spoke before me. I speak because …
MP Dunkley.
BERMUDA TRAVEL AUTHORISAT ION FORM
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, good evening to you and colleagues. I appreciate the opportunity to speak on the motion to adjourn tonight, Mr. Speaker, after listening very assiduously to Members who spoke before me. I speak because I am going to voice for the voiceless tonight some dissatisfaction, concern, angst, and frustration amongst many Bermudians with the recent handling of Government in some regards to COVID - 19. Mr. Speaker, I have been urged to speak b y individuals who are quite frustrated at some of the things that have gone on recently. And I am happy to speak because I feel the frustration and I understand the frustration. Now, before I get into the crux of what I want to say, Mr. Speaker, let me st ate unequivocally and forcefully that I fully support the Government in pr otecting the safety and security of all Bermudians and our residents. I fully support the Government in pr otecting our borders. However, Mr. Speaker, I believe on occasion Government has, in my opinion, lost its way or become tone- deaf to some extent. Let me give some examples of that. A couple of weeks ago, I believe it was on June 20, the restrictions changed. And that meant that two main things took place at that time, Mr. Speaker . Well, I guess you could say three things because the country opened up to a great extent —that was pos itive. But there were two other things that had an i mpact on some of our ways of life as Bermudians and residents. One, there was a mandatory quarantine for travellers who came back and were not vaccinated. And secondly, the Travel Authorisation Form was changed. Now, Mr. Speaker, I have spoken publicly about both of those issues and I wanted to bring them up again tonight in the motion to adjourn for the simple reason that I believe there is a better way. I have been besieged by people sending me messages about the Travel Authorisation Form. And Mr. Speaker, if you will allow me, I would just read one of those communications that came to me by email on July 2.
The SpeakerThe SpeakerGo ahead. Hon. Michael H. Dunkley: Mr. Speaker, this is from a long-time visitor to Bermuda and his wife who have travelled from their home in California to Bermuda every year, sometimes a couple of times a year, just because they lov e the Island that we call home. This …
Go ahead. Hon. Michael H. Dunkley: Mr. Speaker, this is from a long-time visitor to Bermuda and his wife who have travelled from their home in California to Bermuda every year, sometimes a couple of times a year, just because they lov e the Island that we call home. This gentleman said, “Good for you, Mr. Dunkley, for urging that the unwieldy Travel Authoris ation [TA] either be dropped or totally revised. We ourselves were victims of it on June 20 when we were at the start of our journey from California to Bermuda. The TAs did arrive but not until hours outside of our time to leave for the airport even though we had submitted the applications two days earlier. We had to cancel the trip. During the last 24 hours before the departure we f rantically tried to get resolution through emails and the useless hotline to no avail. We si ncerely hope there will be a change because we are longing to return to Bermuda.” [UNVERIFIED QUOTE] Now, Mr. Speaker, let me also add very quic kly here that I am s ure that all of us support the work of everyone who is involved in any way trying to make Bermuda a better place through this pandemic, and all of those who work on the frontline. But clearly, Mr. Speaker, with the changes to the TA we had some problems that were not foreseen and those problems still exist. When somebody submits a form two days before they travel and tries frantically to call 24 hours before they travel to get it sorted out, and they can’t, and they have to cancel their trip, that tells you that this is a serious problem. Now, Mr. Speaker, we know that the problems are deeper than that because there are many indivi duals who published their challenges on social media. Even Members of the House were seen on social m edia in a very difficult position in front of airline check -in agents at an overseas airport. Now, I understand, in my view, that there probably be at least two reasons why there are more challenges with the Travel Authorisation Form [TAF]. First and foremost, they have probably been inundated with an alarming increase in the number of people filling out a form once the Island opened up. And I think that even though Government has not given information out about the number of applications recently for the TAF, it is clear by the amount of testing that has taken place that more people are coming to the Island. So, obviously, with more applications in place, and I would suggest there were probably close to 1,000 a day at the present time with 1780 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly the airport and the flights we have and people travelling, there is going to be a difficulty for that team to deal with those. Now, Mr. Speaker, if there is a diff iculty for that team to reply to TAF applications and people are calling in on the hotline, then we have a serious situation that needs to be taken a look at. Mr. Speaker, I have been told stories about people who have called the hotline and have waited for over an hour, only to be cut off. I have been told stories of people who started at number 89 waiting in line and get down to number 9 and they get cut off. It goes on and on, Mr. Speaker. So, Mr. Speaker, if we want Bermuda to recover somewhat from the pandemic, if we want Bermuda to be able to be open for business, if we want those who have been out of work or underemployed for the last 15, 16, 17 months, if we want to bring hospitality back, which is so important to our community, we need to make sure we can get this right. And the other thing about the TAF, Mr. Speaker, is that it has become more complicated to fill out. And that h as been told to be by a number of people. And I have actually travelled in the interim and I have seen the changes from the original form. You have to pay attention to it more, Mr. Speaker. There is more detail in it, Mr. Speaker, and that is causing some concern. Even seniors, Mr. Speaker, have reached out to me in their concern about having to go away and being able to fill the form out, especially on the phone when they are coming back and the screen is not as big as they would normally have on a home computer. So, Mr. Speaker, there have been some real challenges there and I would ask that the Government address those to make that system more efficient. If you have a hotline, let’s make sure that it is a hotline and not a “dead” line.
COVID -19 MANDATORY QUARANTINE DOUBLE STANDARDS
Hon. Michael H. Dunkley: Mr. Speaker, another i ssue that has really concerned Bermuda is one of double standards. Through the shelter at home many Bermudians were told to be in certain places and not to do certain things and i t has bothered them because they have seen where other individuals or companies were allowed to do things that they were not allowed to do. The big thing for Bermudians, Mr. Speaker, is as you know, during the summertime we like to go out on the boat and r aft-up. We do not want to just drop anchor in a quiet place and sit by ourselves. We want to have a raft -up, maybe 5, 10, 15 boats, and enjoy ourselves. Play some music and just chill, Mr. Speaker. Well, obviously, through COVID -19 raft -ups were not allow ed. And I understand, and I accept that, Mr. Speaker, because we had to do all we could to protect ourselves and to protect [Bermuda] from the spread of the virus that was on the Island. However, Mr. Speaker, the double standards that I refer to, in my opi nion, come when we see social media videos going around of a well -known company that travels all around the world to promote those jurisdictions having a raft -up. And when questioned about it, the transparency in my view, Mr. Speaker, is minimal at best. T hat is a double standard, Mr. Speaker. Why in any case would we expect somebody to accept that when they themselves could not do it? Now, Mr. Speaker, another issue that has bothered Bermudians to a great extent is the issue of the mandatory quarantine. Now, Mr. Speaker, let me be very clear. I support the vaccination. I have been vaccinated, and I urge all Bermudians to be vaccinat-ed. So some people say, Well, Michael, why do you even care about it? Because, Mr. Speaker, while I accept that we have to prot ect our borders, I accept that we can also, I believe, do it in a better way. But Government has made the policy that it is mandatory quarantine for those who are not vaccinated, and they have to pay for it in places that Government has said will be the pl aces to go for the 14 days. But, Mr. Speaker, we saw that restriction come into place belatedly. The deadline was pushed back further and further and further. And now when it has come in place —and I will not speak to the issues that have taken place because I understand they be sub judic e. But now when it is come in place, Mr. Speaker, the Government cannot even enforce it and they look weak. If we want our community to open up, if we want to protect our borders as we open up, if we want people to come to Bermuda, Mr. Speaker, we have to make sure that our restrictions are not so onerous that people go to other places. We have to make sure our restrictions work for us, Mr. Speaker, and we have to make sure that our people abide by those restrictions whether they like them or not. They are the law. They should be enforced. Right now this Government looks weak, even in spite of what the Premier says, D on’t test our r esolve. People have. If those situations are not r esolved in a very quick manner, Mr. Speaker, other people will test it and we will look like a laughingstock in our community, because we have a long way to go. We have a long way to go, Mr. Speaker. The Honourable Member who spoke just before me from constit uency 11 said that there is more foot traf fic in St. George’s than ever before. That is not true, Mr. Speaker. We have a long way to go. We still have a lot to do. The hospitality industry is struggling because they cannot get people to work night times and weekends, Mr. Speaker. We have a long wa y to go. I am all for opening up Bermuda with proper precautions, Mr. Speaker, but I will not sit silent while Government is tone- deaf to some of the challenges we face and the aggravation and the angst that the people of Bermuda are [speaking about]. They ask us to speak up. Just today when I went to the apothecary
Bermuda House of Assembly at lunch time a lady who I did not know said, Mr. Dunkley, we need to hear you speak for us because some of these rules and restrictions have gone too far. So, Mr. Speaker, I speak tonight. Not solely to be critical of the Government, but to the Government to understand that over the past 16 or 17 months, Bermudians have felt the pain, and their patience is low. Many of us are drained. Our mental health has been drained by being shut down; locke d down, do not have the normal flow you have, Mr. Speaker , dealing with challenges that you might not normally have. So Government has to understand and accept that patience is low, we need to govern with a fair hand, and get away from seemingly ([as seen] by many people) being dictatorial. We are losing our way as we move forward and we need to bring it back with policies that are firm and fair and will put the best i nterest of people in the forefront at all times. I think there is a better way. There is no reason why we cannot quarantine at home, Mr. Speaker. We live in a small community. There is technology that helps us do it the right way. And, Mr. Speaker, we all care about our future. We should be our brother’s keeper and stop trying to lock people up in a forced quarantine at a hotel. That is what that is. That is what people are calling it. And why should I care? I am vaccinated. It is not part of me. But I do not like to see Bermudians struggle with something. So, Mr. Speaker, I say this constructi vely because I know the Honourable Premier and colleagues have a very difficult job to do and the pandemic is far from over. And with the variant we have facing us all over the world and here in Bermuda, we still got work to do. But, Mr. Speaker, it has pr oven a couple of things. Now we know how to manage it better. Now we have some drugs to help us if we do get ill. And now we have real hope with the vaccination. So, Mr. Speaker, I will close by saying I urge this Government to pick up the vaccination pr ogramme again because we have stagnated at about 63 per cent. We have a long way to go if we are going to get COVID -19 behind us. We must do better, Mr. Speaker. Pick up the vaccination programme. Tell us how it is going to be done and we will support you in the Opposition to help us move forward with real ec onomic growth and putting COVID -19 behind us. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution at this time?
Mr. L. Craig CannonierYes, I am just getting the video up, Mr. Speaker. Hon. N. H. Cole Simons: It’s up.
The SpeakerThe SpeakerRight. You have your 20 minutes. NATIONAL SPORTS CENTRE CONTRACT
Mr. L. Craig CannonierThank you, Mr. Speaker. As you are aware, on June 25 in the motion to adjourn I had asked some pertinent questions about a contract that had been awarded to AESG. And I was just really trying to come to some clarity as to how from 2018 to now, 2021, …
Thank you, Mr. Speaker. As you are aware, on June 25 in the motion to adjourn I had asked some pertinent questions about a contract that had been awarded to AESG. And I was just really trying to come to some clarity as to how from 2018 to now, 2021, we seem to just be moving forward with this particular contract. That is a long time and I would have assumed that based on the time and not having details being given to the public that it probably would have been put out to tender. Based on those few questions that I asked I was anticipating in the last session that we would have gotten some answers. Unfortunately, we did not get any answers. And I guess in the motion to adjourn people did not move quite quick enough. So I was hoping tonight that I would have heard s omething coming from any one of the Ministers or MPs who were involved in the project to at least get some clar ity. I have stated in the past that unless we are transparent and unless we give information so that the public are aware they will come to conc lusions, and many times they come to the wrong conclusions about matters. Since I first brought the matter up, and we fast-forward now to two sessions later, there has been a resignation by one of the trustees of the National Sports Centre. And this partic ular trustee has made some accusations that, quite frankly, are extremely disturbing. I have read through the articles that I believe the PLP have attempted to give answers to. And so today I did a press conference, because the PLP has answered in public, I figured that I would go ahead and ask my questions in public as well. And there were about nine questions that I did ask. My concern is this, Mr. Speaker: We now have a trustee who has resigned. I personally now have in my hands information, and I can pr ovide that information to you, Mr. Speaker, that is completely contrary to what I am hearing in the public from the PLP representatives. I am also disturbed that in my hands I have a contract that has been signed for the loan facility that was gotten by, s upposedly, the National Sports Centre trustees—
The SpeakerThe SpeakerMember, I would suggest, if you are not going to table it, that you at least make sure that I have eyesight of what you are referring to, on both of those items.
Mr. L. Craig CannonierYes, Mr . Speaker, I will give you a folder that is full of pages and I will ensure that 1782 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly this gets to you from our secretary, Judy Benevides, ASAP.
Mr. L. Craig CannonierThank you, Mr. Speaker. So my concern really is that we now have a contract in front of us, no one seems to know who the borrower is because on behalf of the National Sports Centre there is a signator that should be given by a trustee or the director. …
Thank you, Mr. Speaker. So my concern really is that we now have a contract in front of us, no one seems to know who the borrower is because on behalf of the National Sports Centre there is a signator that should be given by a trustee or the director. And so the person, who has now resigned as a trustee, is basically s aying that this signature is not by the director of the Ministry, neither is it of any signator on behalf of the National Sports Centre. Now this is very disturbing. So my concern really is, who then approved this loan? I have documentation in front of m e that will be given to you, Mr. Speaker, that clearly states that the trustees were not in agreement to the loan facility. They were not aware of the down payments that have already been made to the tune of almost $1 million, and were not in agreement, including a document that shows that the Finance Minister was not in agreement to a $12,000 monthly payment to the former chairman of the PLP party for the next 10 years. And that it should be renegotiated. Even the actual facility itself and the interest sh ould be renegotiated. This is all in writing, Mr. Speaker.
Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. E. David Burt: There are a few things I have to say. Number one, the fact that we do not have s ight of what the Honourable Member is speaking about is a challenge. And number two, I do not know if there …
Point of order.
POINT OF ORDER
Hon. E. David Burt: There are a few things I have to say. Number one, the fact that we do not have s ight of what the Honourable Member is speaking about is a challenge. And number two, I do not know if there is any bit anywhere written about payments to certain persons. So when the Honourable Member is trying to speak, I know where he is trying to go to impute all types of things, but I think that it is patently unfair that this is being put on the record in an unprotected place when the information may not be correct. And if that information is not correct, then the Honourable Member must make sure that he wit hdraws that next week, after people get to see the doc-umentation of which he is referring to because it is patently unfair, Mr. Speaker.
The SpeakerThe SpeakerPremier, that is why I asked that he make sure that the documentation arrives at this office and i f the documentation when vetted is not correct, I would expect that the Member would do the right thing. Hon. N. H. Cole Simons: Mr. Speaker, the documentation is on its …
Mr. L. Craig CannonierI appreciate the Premier stepping in, but I would c aution the Premier right now because I have the documentation coming from the National Sports Centre in writing with signatures. And I would caution the Premier to be very careful what he says going forward because the information is in …
I appreciate the Premier stepping in, but I would c aution the Premier right now because I have the documentation coming from the National Sports Centre in writing with signatures. And I would caution the Premier to be very careful what he says going forward because the information is in front of me and it is not bogus information, it is clearly coming from the trustees and I will provide that [to] you. In addition to that, Mr. Speaker —
The SpeakerThe SpeakerJust a minute. Let him finish what he saying. Finish what you are saying.
Mr. L. Craig CannonierIn addition to that, Mr. Speaker, I am clearly aware that phone calls were made after I just asked general questions. But I am not making any accusations at all. I am simply asking questions. That is what I am doing right now —
The SpeakerThe SpeakerOkay. I allowed you to continue based on that last point. I would suggest that you not make any accusations. If you have something in front of you that you think is factual, you can speak to what you were pr ovided but do not make any accusations out of …
Okay. I allowed you to continue based on that last point. I would suggest that you not make any accusations. If you have something in front of you that you think is factual, you can speak to what you were pr ovided but do not make any accusations out of it because we cannot determine whether accusations are correct or not. The key thing at this stage is that we get to see the documents and that you expect that it is either accepted or not accepted in its entirety. And if there is anything in there that needs to be withdrawn, we would ask you to withdraw it at the appropriate time next week. Okay?
Bermuda House of Assembly But be guided by the fact that we do not have the documents.
Mr. L. Craig CannonierThank you, Mr. Speaker. What I will do then, Mr. Speaker, is I will pr esent some of this information right now and read it verbatim. And as I said, I have our secretary who will be forwarding this information to you in writing so that the Premier can be …
Thank you, Mr. Speaker. What I will do then, Mr. Speaker, is I will pr esent some of this information right now and read it verbatim. And as I said, I have our secretary who will be forwarding this information to you in writing so that the Premier can be privy to it as well. And I am sure that the Premier is already aware of some of this i nformation.
The SpeakerThe SpeakerYou cannot say if you are not sure. You cannot say if you are not sure.
Mr. L. Craig CannonierI am sure, Mr. Speaker. This is a letter coming from a trustee to the Permanent Secretary of the National Sports [Centre] and the letter basically . . . the subject matter, says: “National Sports Centre letter cease and desist from finance.” This is coming from the finance of the …
I am sure, Mr. Speaker. This is a letter coming from a trustee to the Permanent Secretary of the National Sports [Centre] and the letter basically . . . the subject matter, says: “National Sports Centre letter cease and desist from finance.” This is coming from the finance of the National S ports Centre. “Minister and Permanent Secretary, We want to get a letter of cease and desist to AESG for the pr oject that was not signed off by the board and funds returned with im mediate effect. In addition to this, the board would like to have both Craig Tyrrell and Jache Adams MP Jache, the Honourable Member —
The SpeakerThe SpeakerI would suggest right now that you do not refer to names until we can get this verified.
The SpeakerThe SpeakerWe need to verify that it is factual. I cannot dispute that you do have a document. You do have a document. At this point we cannot verify how factual the information may be. So that is why I am asking you to refrain from naming any individuals.
Mr. L. Craig CannonierOkay, Mr. Speaker. Let’s take a different tac k here. I am going to send this documentation to you. It is clear in my mind that questions need to be asked and that answers need to be forthcoming. We already have someone who has resigned. We also have trustees who …
Okay, Mr. Speaker. Let’s take a different tac k here. I am going to send this documentation to you. It is clear in my mind that questions need to be asked and that answers need to be forthcoming. We already have someone who has resigned. We also have trustees who are extremely concerned about what h as taken place and have voiced that. I have called to them now to publicly come forward and make those statements and their concerns known. When you see the documentation, Mr. Speaker, which I am sending across to you, it is the minutes from the National Sports Centre and the trustees outlining all of their major, major concerns. And so when I take a look at this information, and I have it in front of me, my only recourse is to ask the questions, because I am not accusing anyone of anything. I have simply said, Give some answers. And what public information that has now come forth from the PLP Government, is even more concerning based on the factual information that we now have in front of us. Quite frankly, I cannot see why the trustees would be sending bogus information out there and why I would have an envelope full of this information from the trustees, with their names fully on it, signa-tures upon it, and emails going back and forth between civil servants and the trustees. That is what you will receiv e in front of you. So I am not afraid to make sure that you have it, but questions need to be answered. And the first question that needs to be answered, Mr. Speaker, is: 1. If the board of trustees was unaware of the loan, then who took out the loan in the name of the National Sports Centre? 2. What was the bank told about the lack of authorisation by the board of trustees? 3. Who signed the loan agreement on behalf of the National Sports Centre as the borrower? Because the trustees do not recognise the signature. 4. Given that the Bermuda Government was the guarantor of this loan, did C abinet fully approve the transaction? 5. How can a loan have been granted to the Sports Centre when the board of trustees are saying (based on the information that I have) that they n ever authorised any loan? 6. What is the position of the remaining five trustees? I believe there are about six of them on there. One has now resigned. They resigned, as they said, because they were fearful of the backlash of irregularities. They , the trustees, must make their position clear at this point in time. 7. Why are allegations being made by a trustee that the loan agreement was fraudulent? The emails specifically to the PS of the Ministry says that they need to cease and desist b ecause this loan is fraudul ent. So why? Why have these allegations been made? 8. Why is this project being progressed at all when the government is in such economic dire straits? 9. Why is the Sports Centre entering into a multimillion dollar contract when the S ports Centre has no funds? As you will see stated in the minutes it has no funds to support or repay the monies being loaned. And so I asked questions two sittings in the past; we did not get any answers. And I am asking questions again, and I am hopeful that this time around someone will answer those nine questions that 1784 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly I have asked. It is important that we clear up the cloudiness around this matter. But quite frankly, I am sure that people are just trying to get something going. But what disturbs me is this, Mr. Speaker . . . Whils t away, and I was abroad, and I will say that coming through the process of the airports was wonderful. I enjoyed a very easy process coming through the airport. But whilst I was away I received a phone call by the same gentleman who in fact is the benefactor of AESG, the former chairman of the PLP party, to suggest that, I thought we were friends ? Well, I only made a statement to ask the ques tion, Well, what’s going on? So I answered and said, Well, what are you talking about? [He said,] Well, you know, people are trying to take food out of my family’s mouth and out of my mouth. And [he] then proceeded to threaten me to say that if anybody tries to take a project away from him and take food out of his mouth, they will become their target. Now, I’m not goi ng to put up with that. And I was not going to say anything at all, but until I got that phone call, I’m like, Okay, well, you think you can threaten me, well, let’s go PLP Government, and your former chairman, let’s go at this particular project and let’s clear the air. Because I can assure you, I am not speaking without having facts in front of me, Mr. Speaker. That ain’t my style. So I am saying to the PLP Government, let’s get these facts out there so that the Bermuda [people] can understand why they are taking out a loan for $3.2 million. This is on the taxpayer. The original contract for this project at National Sports Centre was funded, the original bid that AESG put in was funded privately. Those terms have changed. And if those terms have changed, and because those terms have changed, and the National Sports Centre supposedly has taken out a loan, but the trustees are saying they have not, who took out the loan? The other question to this is: So, if the financing has been taken away after three years, then the conditions of that bid have changed. It needs to go back out to tender. How is it that a quango or a sector of the Government can go out and procure a loan based on the original bid that now has changed? If the financing is not in place, you are telling me that the other folk who bid for this thing should not have the same opportunity to come forward and say, Well, look, if you can provide me with financing, then this is what my bid is. So the context of this particular contract has changed. And everyone involved, every single Mini ster involved, should understand that when those things change, you must put it back out to tender. And then for me to read a document that b asically says, and I’m reading (hopefully, as you said, it is factual) . . . I am reading a document that says the Finance Minister did not agree with the $12,000 monthly payment to the former chairman of the PLP party. He did not agree with that payment and that it should be renegotiated. But it is already in place! So, some ans wers are needed. And I understand that the Premier will probably want to get up and say whatever he wants. And to accuse me, how He knows where I am going. How dare the Premier get up and talk about he knows where I am going. What about all of the false information he has been putting out there? I am talking about facts that are right in front of me. I am not seeking to bring anybody down. And let me be clear about this here —
Hon. E. David Burt: Point of order, Mr. Speaker.
Mr. L. Craig CannonierLet me be clear about this here— Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Member, of course, as usual, is misleading the House. So we will try one more time. I can confirm to him that the $12,000 to which he speaks is not part of the …
We will take your point of order.
POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Member, of course, as usual, is misleading the House. So we will try one more time. I can confirm to him that the $12,000 to which he speaks is not part of the contract which was ex ecuted. But that is unsurprising, so I will let others speak to that. But let us just start because I know where he has gone, I notice where he has gone. He has gone from PLP Government, to our former chai rman and all of this type of stuff. I understand where he is trying to go. But I think it is very important, Mr. Speaker, and that is the reason why those documents were sent. We have no idea where he may be coming from—drafts, final things, et cetera, and all the rest. But I can confirm, and this was just sent to me, so I will wait to [see] the documents, but I think that it is very important that when we do thing under privilege, that we make sure we are speaking with factual information. And to be clear, Mr. Speaker, if the Honour able Member had a question about the specifics of a particular contract, he would have put them down in a parliamentary question rather than bringing it up under privilege in the motion to adjourn.
Mr. L. Craig CannonierThank you, Mr. Speaker. I anticipated that from the Premier. And, quite frankly, it was very predictable. The reason that I am coming forth now with these questions is because when I did ask questions in the House of Assembly the PLP Government refused to come back to us — …
Thank you, Mr. Speaker. I anticipated that from the Premier. And, quite frankly, it was very predictable. The reason that I am coming forth now with these questions is because when I did ask questions in the House of Assembly the PLP Government refused to come back to us —
Bermuda House of Assembly Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order, point of order. Member, point of order. POINT OF ORDER Hon. E. David Burt: Mr. Speaker, the record reflects that no parliamentary questions have been submitted by that Member regarding the National Sports Centre.
Mr. L. Craig CannonierAgain, Mr. Speaker, here is the Premier in his spin. I asked the questions on a motion to adjourn expecting some answers. We did not get answers, but what did take place was that we had Honourable Members go to the public and give information to the public rather than …
Again, Mr. Speaker, here is the Premier in his spin. I asked the questions on a motion to adjourn expecting some answers. We did not get answers, but what did take place was that we had Honourable Members go to the public and give information to the public rather than answering the questions that an Honourable Member asked in the House of Assembly. It does not have to be a parli amentary question; I asked those questions during a motion to adjourn. And now the Premier is coming up with Oh, well the $12,000 is not in fact . . . Well, if the Premier would have put that out there in the first place, like I said—
The SpeakerThe SpeakerMember, you have less than a minute left.
Mr. L. Craig CannonierThank you, Mr. Speaker. So, the— Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerLet me, let me . . . let me before . . . are you going to use up your minute?
The SpeakerThe SpeakerI want to caution you when you’re fi nished. Go ahead.
Mr. L. Craig CannonierYes. So the Premier can continue on with his assumption that he knows where I am going, but I am simply trying to clarify the matter. That is all we are trying to do, [trying] to clarify the matter. Hon. E. David Burt: Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Imputing improper motive] Hon. E. David Burt: Mr. Speaker, the Honourable Member is imputing improper motive. And it is a very simple situation. If people want to know facts, they will lay it out and ask questions in a regular and simple fashion. And …
Point of order. POINT OF ORDER [Imputing improper motive]
Hon. E. David Burt: Mr. Speaker, the Honourable Member is imputing improper motive. And it is a very simple situation. If people want to know facts, they will lay it out and ask questions in a regular and simple fashion. And it is unconscionable that the Honourable Member would now come back the following week with information that we have not seen in an attempt to say something with information that cannot be ver ified under a point of privilege. So I raise a point of order that it is imputing improper motives against —
The SpeakerThe SpeakerThank you. Hon. E. David Burt: It is just [INAUDIBLE ].
The SpeakerThe SpeakerMember, Member. Your time has run out. But let me just caution you where I have been all this time in that your infor mation that you have b efore you . . . you have strongly tried to stress the points in it. Again, it has been done without …
Member, Member. Your time has run out. But let me just caution you where I have been all this time in that your infor mation that you have b efore you . . . you have strongly tried to stress the points in it. Again, it has been done without us having sight of it. We must . . . I just checked my email and what was sent to me was just a single page of a short paragraph, not anything to do with—
The SpeakerThe SpeakerWait. Not anything to the degree of what you were speaking of. So, I am going to insist that I get the full documentation of what you spoke of so that we can verify what was said. And again, if there is anything that needs to be withdrawn, you will …
Wait. Not anything to the degree of what you were speaking of. So, I am going to insist that I get the full documentation of what you spoke of so that we can verify what was said. And again, if there is anything that needs to be withdrawn, you will be asked to withdraw it next time, or at least to pr ovide clarity on what you were attempting to say, if what you said is not factual. Okay?
The SpeakerThe SpeakerI am going to put that on the record because of the fact that we could have it in front of us now and you have used the privilege to be able to speak to it. But that privilege comes with some r esponsibility. Okay? 1786 16 Jul y 2021 …
I am going to put that on the record because of the fact that we could have it in front of us now and you have used the privilege to be able to speak to it. But that privilege comes with some r esponsibility. Okay?
1786 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Mr. L. Craig Cannonier: And that responsibility was to give you the information. I promise I will send it to you. It will take a little while because there is a lot of it. And I have already guaranteed that I will send the i nformation that the Premier [INAUDIBLE ].
The SpeakerThe SpeakerJust get it to us as quickly as possible. Thank you. Would any other Member with to speak on the motion to adjourn? Any other Member? Hon. E. David Burt: Well, Mr. Speaker, I certainly would like to fi nish, but I thought that another one of my Members was …
The SpeakerThe SpeakerIt seems that no one else is moving. Mr. Premier, I can put the gavel down now, or I can let you use the last 20 minutes. Hon. E. David Burt: You do not have to put the gavel down, Mr. Speaker. If no one else is going to speak, …
It seems that no one else is moving. Mr. Premier, I can put the gavel down now, or I can let you use the last 20 minutes. Hon. E. David Burt: You do not have to put the gavel down, Mr. Speaker. If no one else is going to speak, I will go ahead and take my beats, I have no issue, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead, Mr. Premier. Hon. E. David Burt: Thank you . . . whoops, sorry, a Member stood up right there, Mr. Speaker. There’s a few—
The SpeakerThe SpeakerI am going to be (what’s the word?) . . . I will b e cordial this time. Next time try to be a little quicker, please. PLP GOVERNMENT FOCUSED AND UNITEDLY TACKLING THE ISSUES
Mr. Vance CampbellMuch appreciated, much appreciated. Mr. Speaker, I want to go back to November 27, 2020, one of the great days of last year, my birthday. But that is not what makes it great. It was my opportunity to deliver my maiden speech. And I spoke about my village, because, you …
Much appreciated, much appreciated. Mr. Speaker, I want to go back to November 27, 2020, one of the great days of last year, my birthday. But that is not what makes it great. It was my opportunity to deliver my maiden speech. And I spoke about my village, because, you know, that saying It takes a village to raise a child. In speaking about my village, I mentioned that on October 2, and the few weeks shortly thereafter, people that I knew were congratulating me, and the two phrases that stood out were, make us proud and don’t let us down. At that particular time, I asked who is this “us”? And I went on to say that t his “us” that we are supposed to be ma king proud and not letting down was our family, our friends, our neighbours, our constituents and our beloved Bermuda. We have had a lot of challenges —COVID -19 for one, and the economy. We have argued in recent times about quarantine and vaccinations. But yet, our economy is in tatters. The 36 of us in this House were elected to serve our family , our friends, our neighbours, our constituents and our beloved Bermuda. I do not think I am naïve, Mr. Speaker. But we have spent today fussing about this and fussing about that in this motion to adjourn. And it is the right of individual speakers to speak on whatever they choose. In the meantime, are we serving the people of this country? You know, make us proud. I wonder if t hat is what we are doing. Not just today, but in recent weeks. Don’t let us down says, you have the ability, use it. Are we using our abilities? Mr. Speaker, you look like you’ve played a sport or two back in your day. I like the month of July because we have the Tour de France. And for those who don’t know what the Tour de France is, it is a c ycle race, a pedal -cycle race in the mountains of France, and the Pyrenees, and sometimes they have some stages in other countries. There are 21 stages. [Some] stages cover mountains. Some of [the stages] are flat. There are time trials. And the individual who covers the entire distance in the shortest time gets to wear the yellow jersey as the winner. But within this race . . . and they race in all kinds of conditions as well —rain, wind; if they are up high enough in the mountains, they see snow. It is both a team sport and an individual sport at the same time. Each individual who enters the race has their personal agenda, but they are part of a team. That team has it s goals and aims for that particular race. And the team is not just the other riders on that team, it includes the support team, the cars that carry the food, water, nutrition and the spare bikes, because sometimes there are accidents. Mr. Speaker, there are team prizes. And each member of the team is meticulously selected for their skill set. Some specialise in time trials. Some are sprinters. Some are good in the mountains. Some are all-around riders. One of the key roles of the team is to protect the team members who they anticipate will be in contention for that yellow jersey at the end of the race; in other words, the best all -around rider. This race, Mr. Speaker, is unique from the perspective that sometimes individuals who are racing against each ot her, it is in their best interests to act ually work together, because in working together, al though they are competing against each other, is in their best individual interest. And the same goes for the team, Mr. Speaker. Sometimes it is in the best interest of the team to work with another team or teams that they are competing against, because it serves their individual team’s goals.
Bermuda House of Assembly In this race, Mr. Speaker, which finishes on Sunday, you have an individual, or a small group of individuals, who decide the y are going to break away from the main group of riders, which is known as the peloton. They do this in spite of the fact that every rider knows, at least in theory, that the peloton can travel faster than any individual rider or small group of riders. As a result, Mr. Speaker, on most occasions these break -away groups are caught by the peloton. Sometimes the break -away group or rider succeeds and wins the stage. This usually happens when the peloton is disorganised. And what I mean by disorganised is that it does not work together. The various i ndividuals compete against each other; the various teams that are in the peloton do not work together. And when not working together, they do not travel as fast so they fail to catch the break -away rider or break -away group of riders. What is the relevance, Mr. Speaker? I learn a lot from sports. And in many ways, sports mirror life in general. Mr. Speaker, there are 36 of us here in this House. We are here because we each successfully ran as individuals, seeking elec tion as the represent ative of our respective constituencies. And at this time, I would like to thank the broad cross -section of my constituency, number 9, which voted for me, because without that broad cross -section of voters I would not have been successf ul. But yet, we ran as individuals, but we were part of a team. We were either part of the PLP team, or the OBA team. And much like the Tour de France, as indivi duals working as part of a team, we were better able to achieve our individual goals while hel ping our team to accomplish goals. We were able to reach out to more people with the assistance of that team, perhaps co ver more ground with the assistance of that team in reaching out to the constituents we were asking to vote for us. Mr. Speaker, like t he riders in the Tour, we must overcome mountains. Our mountains are not physical, but economic in some instances. Like the riders in the Tour, we will have to ride through chan ging conditions, not weather conditions, or terrain related. They may be the ev er-changing requirements of compliance as determined by bodies such as the OECD, the EU, or the US Government. Like the riders in the Tour de France we have our individual goals and agendas; we have our team goals. The OBA has their goals; the PLP has its goals. Individually we are looking to establish our brand. Our teams are looking to do similar. But those who succeed in the Tour are those who achieve that balance, the correct balance, between their individual goals, the team goals, and still working wit h those who they are competing against. Again, Mr. Speaker, I do not think I am a naïve individual to believe that at this point in our history we do not need grandstanding around the quarantine regulations. We need the 36 individuals in this House to wor k together, like a well -organised peloton that can move faster, succeed in catching that break -away group, rebuild our economy quicker, navigate all the compliance challenges, including the latest one, which is this universal income tax. We will not fail t o turn this country around because we have differences of opi nion about the quarantine regulations. We will not fail to turn this country around because some are against taking the vaccine. We will not fail to turn this country around because of travel TA forms. We will fail, Mr. Speaker, if we fail to work together and learn from the competitors in the Tour that we can work together but still maintain our individual goals. We can work t ogether and still maintain our team goals. But, unlike the Tour, Mr. S peaker, the cons equences of not working together are far more serious than failing to win a cycle race. The consequence of the 36 individuals in this House not working together is a failed country —our friends, our families, our neighbours, our constituents unable to find emplo yment, unable to feed their families, unable to put their children in school. I do not believe that is what any of us want, Mr. Speaker. So, in closing, Mr. Speaker, I just want to again remind us that we are here to serve. Yes, we will disagree at times in the execution of that service. But let us not forget why we are here. The main objec-tive is to govern this country. It is to serve those co nstituents who voted for and elected all 36 of us. And again, I do not think it is naïve or pie in the sky to believe that we can accomplish that while still maintai ning our individual goals and our team goals. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Campbell. Does any other Member wish to make a contribution at this time? Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerMP Hayward, you have your 20 minutes. PLP GOVERNMENT PEOPLE- CENTRED Hon. Jason Hayward: Thank you, Mr. Speaker, for allowing me to provide intervention in this motion to adjourn this evening. Mr. Speaker, I am going to carry on from where MP Campbell finished. We have a responsibi lity as …
MP Hayward, you have your 20 minutes.
PLP GOVERNMENT PEOPLE- CENTRED
Hon. Jason Hayward: Thank you, Mr. Speaker, for allowing me to provide intervention in this motion to adjourn this evening. Mr. Speaker, I am going to carry on from where MP Campbell finished. We have a responsibi lity as leaders of this country to lead. It is our responsibility to provide the support to individuals and fam ilies that need that particular support. It is our respo nsibility to move us i n a direction where we have a Bermuda that works for all. It is our responsibility to ensure that we have an economy that provides opportunities for our friends, our families, our loved ones. And that is what the majority of us aim to do despite the noise. 1788 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, with the onset of the pandemic, we had over 10,000 individuals displaced from the workforce. Bermuda has never seen that much disruption in our economy, let alone our labour force. Today we discussed in a debate where we had to move swiftly to put in an unemployment benefits system so that individuals could receive compensation. But sometimes we are caught up looking at the figures that were actually spent and not discussing what those figures were spent on. Individuals did not have money t o feed themselves. Some individuals did not have money to pay rent. Some individuals did not have money to keep their lights on. I thank the companies, the banks and the utilities who have worked with Bermudians to make sure that they did have some level of ease during that period of time. But while the companies have discontinued the latitude they provided to residents this Government does not have that option. Thus far, Mr. Speaker, over $70 million has been paid in unemployment benefits and other social protection to pr ovide for our people and their families. Mr. Speaker, we have to make a decision to extend the supplemental unemployment benefit because people have not had the opportunity to return to the labour force. Mr. Speaker, next time we are in th e House we will be debating a Bill to extend financial assistance to able- bodied individuals. Mr. Speaker, the decisions that we make i mpact the lives of individuals. A lot of individuals in the community rely on us to make provisions. And that is what w e shall do because this party and this Gover nment has adopted the mind- set that we work to pr ovide for our people no matter the cost. So we quickly put social protections in place and we will continue extending social protections so that we can provide support for the people of this country. MP Famous said it. Other countries have not and are not doing what we are doing regarding provi ding support to individuals within their countries. That speaks to our values. It speaks to our principles. It speaks to our beliefs. Mr. Speaker, we are moving forward with r eforming financial assistance as well, because we do not want to create states of dependency. What we actually want to do is empower people so that they are financially independent. So we will put a pr ogramme in place for that. The Ministry of Labour and the Ministry of Finance are working on an unemplo yment insurance programme so that when people are temporarily displaced from the workforce, they have a social safety net that they can fall upon . The Wage Commission has submitted one of its two reports, which is the report on a minimum wage. Next, they will submit a report on a living wage. The Government can then make a decision as to how we move forward with a statutory minimum remuneration so that pers ons can get a full day’s wage for a full day’s work. Everything that I have discussed thus far, Mr. Speaker, has been people cent red. It has had our people at the forefront of our decision- making. Let’s not forget, Mr. Speaker, earlier this year when the Employment Amendment Act [2021] came into force. Amendments were made to the Employment Act 2000 to strengthen benefits for employees, to strengthen protections in the workforce for employees, to ensure that persons are working in dignified workplaces which are free of bullying and harassment. We have also gone a step further and created a policy to support businesses that did not have the capacity to cr eate one. Mr. Speaker, this Government has placed a moratorium on 41 additional job categories. There are 53 closed job categories. That is the most aggressive closure of job categories that we have ever done. That was done directly to ensure that we provide capacity in our labour market for Bermudians to get gai nfully employed. Yes, MP Dunkley was correct . The bus iness community is complaining. And this Government will meet with the Chamber of Commerce and have meaningful dialogue so that before July 31, 2021, ev eryone will be clear which job categories we will conti nue to restrict and which ones we may nee d to open up based on further identified shortages. I am not just listening to the business comm unity as to whether there are identified shortages. We have asked unemployed individuals to submit their résumés , Mr. Speaker. Over 500 résumés have been subm itted. I personally reviewed 270 résumés . The picture in terms of our labour market is grim. We need to work together collectively, Government, businesses and the third sector, to get our people back to work. It is not without trying, Mr. Speaker. Because I wrote our national job strategy and I highlighted that we provi ded some level of training intervention to over 650 indi-viduals. Out of that too, I highlighted where 70 persons had been directly employed. I also highlighted the use of the referral system through the Job Board where hundreds of persons have received jobs. But as we do our training efforts, it becomes ever more difficult in a contracting labour market, so that is why an extension of our social protections are important. Mr. Speaker, you should note that there has been a public appeal for persons to try to take ad-vantage as much as possible with the financial assi stance that is provided through the Bermuda College. Where there are gaps in individuals who do not qualify for that assistance, the Department of Workforce D evelopment will see if they can assist individuals especially in course areas where there is a higher demand for expatriate labour. We are working with professional agencies to get people employed. We continue to work with community stakeholders. The majority of what we are doing in the Mi nistry of Labour is people cent red. I know the pain of those persons who make the effort to apply for financial assistance but do not qualify, because they end
Bermuda House of Assembly up in my office. We are all MPs i n this community. There is no constituency that has not been negatively impacted. We do not have to continue to rehash the hurt that is in our community. We know what the cause of it is, and we need to collectively work toget her to find solutions. If not, the only people who suffer are the people of Bermuda. I have been in this position for one year, Mr. Speaker. I have not taken a vacation. I spend my days trying to find solutions to assist our people. Quarantine and COVID -19 are not the only things happ ening in our economy. This Government has a lot to boast about in terms of the work it is actually doing. But there is no time to boast. We need to reassure the people of Bermuda that we are doing things that are in their best interests, which is contrary to the narrative that some people deliberately set out to say. Yes, the Government should be held to account for its actions. But certainly, we can stop some of this squabbling so that we can work together in the best interests of Bermuda. Mr. Speaker, the pain and the hurt is real. I do not take my responsibility as a Minister within this Government lightly. I do not take my responsibility as an MP within this community lightly. I know I am here for a defined period of time. I choose not to squander my tim e in this particular position bickering when I can get on with the work required to move this country forward. I also outlined what we are going to do in terms of immigration reform. I shifted the conversation in that immigration reform is much more than what we have discussed in the past. And we will work towards that. But there are some things that we have to do immediately. There are paradigm shifts that need to take place within our community. There has to be a general acceptance of what is required for us to have an economy that can grow, for us to have a greater level of social and economic development, the barr iers that we had in the past, and the mind- set that we had in the past and the mind- set of now and in the future. So, we have been moving forw ard with some of those changes, Mr. Speaker. I tried to look at immigration as a lever to support this country. And so, I have allowed persons, this Government has allowed persons —it is a team effort—to work from Bermuda. And we have had over 839 applicati ons approved. No, we have not done the economic modelling to determine what the actual economic impact is. But nobody can deny the impact of persons who live here, participate in our community, shop at our stores. They add to the overall economy. Mr. Speak er, we have allowed the visitors to stay longer. We have more and more applications from persons who reside in Bermuda on an annual basis. As fast as we possibly can, the departments under the Cabinet Office are trying to facilitate business activity. We a re meeting with the business community. And we are not meeting with the business community because we have a mind- set that negates the needs of the people.
[NO AUDIO]
Hon. Jason Hayward: —for us to have a successful Bermuda. We do not have the luxury of it being one or the other. We cannot have social policies before our economy has the ability to pay for that social policy. Mr. Speaker, I have said my intervention. It makes it absolutely clear that this Government is working hard on behalf of the people of Bermuda. I hope my intervention makes it clear that we have a ways to go. And we can get there if we all work t ogether to achieve common goal s. While some want to bicker and squabble, that is their right. But there is hurt in our community, and we should focus our ener-gies on improving our economy, providing opportunities to our people, especially our young people who are returning from university this year and looking for opportunities. So that is how my time will be spent, Mr. Speaker. That is how the time of the majority of MPs within the Progressive Labour Party will be spent, and my colleagues within the Cabinet. We show ed up on Wednesdays, we showed up on Tuesdays and we––
The SpeakerThe SpeakerMinister, you have less than a minute left. Hon. Jason Hay ward: —things that would assist with moving Bermuda forward. I thank you, Mr. Speaker, for allowing me that brief intervention.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Jackson, you have your 20 minutes. BERMUDA TRAVEL AUTHORISATION FORM
Ms. Susan E. JacksonThank you. Mr. Speaker, I just wanted to say a few words in refl ection of my recent experience using the travel authorisation form. I travelled overseas. And my observation with the travel authorisation form is that when Bermudians are overseas, in the first instance it is rare that people …
Thank you. Mr. Speaker, I just wanted to say a few words in refl ection of my recent experience using the travel authorisation form. I travelled overseas. And my observation with the travel authorisation form is that when Bermudians are overseas, in the first instance it is rare that people have access to the equipment that is necessary to make a fulsome application through that platform. The other issue is that many people who 1790 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly are travelling are not feeling well, or they may be ol der, or they may not have the digital sense that in the year of 2021 many people just organ ically accept and learn to use digital platforms with ease. But there is still a large population in Bermuda who travel and are overseas and may only have a small phone and may not have access to printers and coloured ink and all of the other requirements that are necessary in order to complete the travel authorisation form. So, what I would just like to maybe suggest is that the Government might want to consider thinking about how they may be able to be a bit more flexible and make the travel authorisation form a little more customer friendly. The other observation with the travel author isation form, Mr. Speaker, is that in the United States, Canada and some of the other destinations that many of us travel to, the idea of the PCR test is not necessarily c atering to the travel authorisation form. So there may be instances where the results are just not going to be available within the timeframe of the travel authorisation form, or they may be super expensive for the traveller who is overseas and, believe it or not, a little difficult to find unless you are with family or friends who live in the area. So, I am saying all of that to say that it is not necessarily the fault of the Government of Bermuda or other, but maybe the Government could consider the limitations of the destinations where Bermudians are trying to access the information and get it i nputed into this travel authorisation form, because it becomes a bit of a tangle when a person goes overseas, let’s say for a visit for a week, which I would imagine is a pretty common duration to go overseas, and the immediate distraction as soon as they get off the plane, is having to go and try to find a PCR test place and then go through some of what I have just mentioned, costs, time to get results, et cetera. And then, having to fill out the travel authorisation form within a timeframe where now they have really lost most of their vacation because they have to submit the form to have basica lly a 24 -hour turnaround. I am saying all of that to say that I am not a bsolutely sure that the timing and the sequence of events in order to get all of the documents into the travel authorisation form are working as well as they could, and that it may be worth a bit of a review. The other [matter], Mr. Speaker, is that I am just curious if there is not some way, given the fact that if somebody completes the travel authorisation form, they are paying the $75 for the tests that they will need once they get back to Bermuda, that the vaccine certificate, if they have it, or their exemption medical form, or whatever is needed, is uploaded in its basic form and then the Bermudian travellers can bring back their test results without having to immedi-ately necessarily have them in the system within that 24 hours, or however many hours are required for acceptance of the travel authorisation form. But maybe they can bring them back to Bermuda. Clearly, you know I understand the piece around if they arrive back in Bermuda and their results end up being positive, but I am not very clear on that side of it. And if som ebody wants to give some clarification, that is fine. If not, then I will do that work. The other part of it is that I just find that the frustration for a number of constituents who have r eported their experiences, and certa inly my personal experience, I found that the sequence and the manner in which those travel authorisations require documen-tation to be quite complex. And I do not know the re ason why. I mean, we just got a message today from a constituent where they would not accept . . . they would only accept a colour vaccination certificate i nstead of one that was black and white. I can’t help but sympathise for the traveller trying to find the right printers, and not knowing if it needs to be colour. It is an emotional strain when people are travelling. And not everybody is travelling as a luxury. Like I mentioned, most of the people who have reported their experiences and frustrations have been abroad for medical reasons, which makes it just that much more traumatic. So, I just am speaking on behalf of people who are writing in or calling to share their frustrations and to make it known that if there is any possibility that the travel authorisation form and some of the very strict bits in there that maybe do not need to be in there that maybe we could flex that ever so slightly to make the customer journey for our returning residents a little easier. I believe there are a number of people in our community that will appreciate that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerOkay. Bermuda House of Assembly PLP GOVERNMENT BALANCING THE CHA LLENGES OF COVID -19
Lt. Col. Hon. David A. BurchMr. Speaker, I would like to follow in the footsteps of some of my colleagues who have talked about COVID -19 and this journey that we have been on for 17 months now. Mr. Speaker, I know that Bermudians are special —all of us. And we think that the world …
Mr. Speaker, I would like to follow in the footsteps of some of my colleagues who have talked about COVID -19 and this journey that we have been on for 17 months now. Mr. Speaker, I know that Bermudians are special —all of us. And we think that the world r evolves around our wishes and desires. But this jour-ney that we have been on with COVID -19 is a journey where we have had a lot of company, Mr. Speaker. There are 7.9 billi on people in the world, 175 countries, and all of us have gone through this journey for the very first time. The Premier and the Minister of Health seem to be the flavour -of-the-month for the critics, and are being accused of all manner of sins, as if they , and they alone, have been making these dec isions. Mr. Speaker, the policy of the Government of Bermuda in relation to COVID -19 has to be owned by all 30 of us who form that Government. For a time, I was the chairman of the COVID -19 subcommittee of Cabinet. I still serve on it, but no longer as chairman. But I can tell you, Mr. Speaker, that we have not made one decision without one thought in the forefront of our minds. Thirty -three Bermudians have died during this pandemic. There is not a day that goes by, or a meeting that is held, or any action taken in relation to COVID -19 that has that at the forefront of our minds. I do not know if I knew any of the people who died from COVID -19, because we have this strange thing (I think it’s strange, anyway) wher e it is a big secret whether you have COVID -19 or not, just as it is a big secret whether you are vaccinated or not. So I don’t know if I knew any of the people who have passed. But what I do know is that they are 33 of my fellow Bermudians. In the early days we were doing very well. The first spike we had, Mr. Speaker, can be traced back to two individuals. So we have a 17- month history of how this disease is passed and what actions we can take in order to mitigate those circumstances. I thought at the very beginning of this exercise when they came with wash your hands, wear a mask, and social distancing, that one of those came naturally to us as Bermudians. At least in my household and any of my friends’ households, if you went in the house, the momma would ask Have you children washed your hands? And that has been the clarion cry throughout our existence pre- COVID -19. So, washing our hands comes naturally to us. And when we followed those rules, we bore the results of that action. We behaved, we follow ed the rules, we bore the benefits of doing that , and Bermudians did not die. We are now again punching above our weight. We are one of the top 10 countries in the world for COVID -19 testing. We did that when nobody knew whether that would help us greatly or not. And there was a fair amount of criticism about how it was done and who was used to do it. But the results have spoken for themselves. And, Mr. Speaker, those 325,000 tests were conducted— and that means there were 325,000 nose swabs or saliva swabs all of which have been done for free. We can compare the actions of this Gover nment in relation to COVID -19 to any other country in the world. Everybody is going through this exercise. And there are glaring examples today of countries that did not take the same actions as us who are bearing the results. They are having to shut down again and they are having to roll back actions that they have taken previously. Mr. Speaker, none of us gets any joy out of imposing a curfew, rolling back rights and privileges. But we recognise that the science supports our ac-tions. To date, Mr. Speaker, there have been 40,598 people in this country fully vaccinated. That is the m ajority of the population, Mr. Speaker. And that sug-gests clearly, and I am sure that is for a number of reasons, that a majority of people have taken our ad-vice to speak to their doctors, to speak to people they trust if they are fearful or have concerns or questions about COVID -19, and take the best advice that you can for yourself. I don’t know of anybody in this Government, or anybody I know in the country who has criticised anyone for deciding not to take the vaccine. That is your choice. But in making that choice, you separate yourself from the people who are vaccinated. And the scientific data supports that if you are vaccinated you can be extended certain courtesies that people who are not vaccinated cannot. And whilst that is discrimination, the decision is being made by those who claim to be discriminated [against]. Mr. Speaker, this Governm ent has paid in excess (I have just learned from the Minister of Labour) of $70 million— unbudgeted, unplanned for. But those decisions were made because we decided to feed our people rather than have them starve. We are still on that page in extending the unemployment be nefit. Yes, it is costly. Yes, it is risky. Yes, it is expe nsive. But we are convinced that this is the right thing to do. No one has criticised that exercise, Mr. Speaker. No one said we have been fiscally irrespon-sible in doing that. But I have to ask the question, Mr.
SpeakerThe SpeakerWhy do people who are now criticising a process of mandatory quarantine where they have to pay for themselves and they can do it at home, and we’ve heard all of the arguments, Mr. Speaker . . . they cannot. We have been down this road before. We had quarantine …
Why do people who are now criticising a process of mandatory quarantine where they have to pay for themselves and they can do it at home, and we’ve heard all of the arguments, Mr. Speaker . . . they cannot. We have been down this road before. We had quarantine at home months ago. And we found all sorts of infractions and infringements on it with people sneaking out and people inviting others in and aiding and abetting the challenges and spikes that we have had. This decision was not made lightly. There were lots of discussion and lots of concerns, and lots 1792 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly of issues, and lots of speculation about what the reaction would be. But it always comes down to what the science says, and our experience. Whilst we have followed the advice of the World Health Organization and also our regional public health partners Public Health England, Pan American Health Organi zation and Caribbean Public Health Agency, we have not sat in a dark room and made these decisions on our own. What w e have done is look ed at the world experience and reflect ed on the policies and the experiences we have had throughout the pandemic. There are very few restrictions in place today. And that is as a result of our conduct and our beha viour and our research. An d we are seeing the results of that. I do not think there is anybody who would not notice that there are tourists in the country. Not an over-abundance of them, but enough to cause you to notice. And if you use as a guide the white plates on the motorcycles, you will see them. Now, Mr. Speaker, all of those people, and many of the Bermudians who have travelled, and I have a bit . . . the travel author isation. I have had to fill it out twice. Not since the adjustments have been made. But, Mr. Speaker, it is like any other preparations you make when you travel. You sit down and figure out what you have to do. And I can tell you that I do agree that the three- day allowance is a bit of a challenge. But it is manageable. I think that the actual completion of the form is a lot simpler than people make it out to be. I think if you follow the rules it is one of the few online forms that I have used where you can actually take a picture of the document you have to upload. So you don’t have to have it on your phone. A nd I am somewhat of a dinosaur. So I have all of my certificates printed out. And when it asks me to take a picture of the vaccine certificate or the test certificate, I stick it up on a wall, take a picture of it. It asks Do you like this one? Yes or no. And I say yes, it goes. If I say no, I take another one. You just have to take a few minutes to sort it out. A similar thing is required in order to travel to the United States. You have to get a test, you have to fill out . . . well, you can fill out a f orm in Bermuda. They will fill it out for you at the airport if you do not fill it out. But there are processes, just like you have to remember to take your passport and money and addresses to where you have to go. It is another step in the exercise. And I know that the Ministry of Health has taken some steps to make it even easier for those who are computer challenged to be able to get assi stance before they leave. All of these actions, Mr. Speaker, are designed to keep us safe. And we have 17 months of ex perience which tells us that if we fo llow those rules we will be kept safe. The recent criticism about the TAF and the quarantine facility for somebody like me is really quite simple. You can disagree. You can choose to ignore the rules. But you must do so with the full knowledge that you are breaking the law. And in so doing, I would expect that you would accept that in breaking the law you would have to suffer the consequences of breaking the law. Most of us who speed, or go slightly over the 30 km speed limit, have in the back of our minds the full knowledge that if we are caught, we are definitely going to be fined, but we are likely going to be going off the road, and we weigh that in the balance. Is it worth the risk or not? Most fellows say it is wor th the risk. And we see it. We have seen in the last week or so that the police have been issuing tickets so it causes everybody to pause and reflect. Mr. Speaker, I also think the recent protest has a lot less to do with health and more to do with politics. I look at the people who are involved. They are our political opponents. You don’t have to be a rocket scientist to figure out that if we had said the opposite they would disagree, and have probably di sagreed. But, Mr. Speaker, the suggestion today that we are not listening to the people of this country, I say is false. If you are a PLP member, and certainly if you are a PLP Member of Parliament, you know about talking to the people. We are good at that. We do it on a regular basis, during, before, after and throughout the period between elections. So during this period we have talked to our constituents. When we were in shelter in place and restricted numbers, we did it via Zoom. Now we are back on the campaign trail and doing it in person and via clini cs. So we have our fi nger on the pulse in our districts. And if you don’t then you shouldn’t be elected. Let’s say that everybody you talk to agrees with what we are doing. Certainly not! Everybody of the 30 of us does not agree with everything we are doing. That is normal. But you don’t change your pos ition because you disagree on one issue. You have to balance the entire exercise. Six months ago there were confirmed congratulations on 30 seats on the work that the PLP Government has done to address COVI D-19. That has not changed. In the forefront of our minds, every decision that is made is to protect the health and life of Bermudians. Mr. Speaker, just because you shout the loudest and hide your identity and name, you cannot win. In a democracy the majority rules. And clearly, in this exercise the majority is ruling. I think that the quarantine requirements have an expiry date. They are not going to be with us forever. I see a date, if we can get to 70 per cent or 75 per cent of persons vaccinated, you will not even have this discussion.
[Ms. Lovitta F. Foggo, Acting Speaker, in the Chair]
Lt. Col. Hon. David A. BurchOkay, I will skip to the ending then. Bermuda House of Assembly Madam Acting Speaker, we have governed with one thing at the forefront of our minds throughout this exercise. And that is every decision we make is in order to protect the health and wealth of the people of …
Okay, I will skip to the ending then.
Bermuda House of Assembly Madam Acting Speaker, we have governed with one thing at the forefront of our minds throughout this exercise. And that is every decision we make is in order to protect the health and wealth of the people of Bermuda and to minimise the deaths. Thirty -three is 33 too many. Every action we take is designed to ensure that we go no higher than 33. And we will conti nue to work to the best of our abilities to protect the security of Bermuda and to support the rights of the citizens of this country. Thank you.
The Acting SpeakerThe SpeakerThank you, Minister. Are there any other Members who wish to speak at this time?
The Acting SpeakerThe SpeakerOkay, thank you. You have 20 minutes. PLP FOCUSED A ND UNITEDLY TACKLING THE ISSUES —You are speaking to Minister Hayward
Mr. Wayne CainesThank you, Madam Acting Speaker. If I had to name my 20 minutes this after-noon, I would entitle it “You are speaking to Minister Hayward.” Over the last few weeks, over the last 15 to 16 months, we have had a period of differences in opi nion.
The Acting SpeakerThe SpeakerMember, before you continue, I am still unable to see you. Can anybody attest if they can see him? He is not showing up on my screen.
Some Hon. Members Some Hon. MembersYes, we can see him.
The Acting SpeakerThe SpeakerOkay, thank you. Sorry for the interruption.
Some Hon. Members Some Hon. MembersWe can see you.
Mr. Wayne CainesIf I had to entitle this it would be “You are speaking to Minister Hayward. ” I had the opportunity over the last 15 months to consider differences in opinions from political co l-leagues, differences in opinions of medical experts, differences in opinions of family members, differences in opinions from …
If I had to entitle this it would be “You are speaking to Minister Hayward. ” I had the opportunity over the last 15 months to consider differences in opinions from political co l-leagues, differences in opinions of medical experts, differences in opinions of family members, differences in opinions from armchair quarterbacks, neighbours and friends. Everybody had an opinion of what COVID -19 is, what COVID -19 was, medicines that we should take, modalities of healing, what antibodies are, everybody had their view . Looking online, talking to friends, speaking to medical experts, going to medical books, talking to gurus, talking to friends, organising trips , going abroad, everybody became an expert. Unlike 25 years ago when we had limited founts of information and limited access to information, everyone had access to information at thei r fingertips based on the Internet. This access to information led to people going to their corners and becoming experts. Politics affected the landscape in that the Government has had a mandate and its mandate has been different. Ultimately, when you mul ch it down, when it is synthesized, when it is broken down, the Government’s responsibility is to protect the people of Bermuda. And they have done things that a segment of the community has not agreed with. Now, let us stop there for a moment. If you are in a relationship with a friend, with a wife, with a husband, with a mother, with a father, with a dad, with a colleague, there are times when you have differences where you have fundamental dis agreements. A part of human nature is that we have the right to have our opinion. And we have come to a point in our country’s history where we have gotten to specific places and we have become so deeply en-trenched in our opinion that many of us have forgotten that we are a family, that we are a race, that we are the human race, that we are Bermudian families. We have lost our kilter. If you go on social media, the mind becomes flummoxed with the arguing, with the fighting, with the backbiting, with the putting down of Government Mi nisters, highlighting the differences that we have. Why? Because we are at the most difficult time in our cou ntry’s history. Often times when you are in a difficult set of circumstances, you are forced to consider what you are truly made of. In some circumstance, we have seen the essence of what some people are made of. Here is the thing. I believe that sometimes we have differences. I talked to my younger brother, and he shared with me his views on vaccination. He does not support it. He does not support what the Gover nment is doing. My m other, who I love more than life, does not believe in the vaccination. She believes that is her right, she believes that her faith and in a lot of things she is doing makes her not need the vaccine. And we disagree vehemently on that. You see I am vaccinat ed. But here is the thing. I agree with my mother’s right to disagree with me; and with my brot her’s right to disagree with me. But that does not change that we have a different set of responsibilities. 1794 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly The Government has a different set of r esponsibiliti es. So, here we were at a point in our country’s history where we were looking at citizens t hat got vaccinated, and some of us are not in a decisionmaking mood anymore. And you are looking at things that you disagree with, but you are not at the tip of the sword and every time you make a decision there are going to be people who agree with you and people that disagree with you. But here is the thing. We, as a party struggle to make sure that we were not becoming what we hate the most. And what was that? You saw December 2. You saw the 1981 r iots. But people did not listen, they did not take on the words and the guidance and the [INAUDIBLE] and the pandemic. So we had to regroup and listen. And we were able to go back in our Chambers, close our door and hav e difficult conversations and we saw a lot of the legislation change and soften in certain areas. But as a party we grew, as an organisation we grew. We were forced to understand that even though we had differences in opinion we still had a common cause. So, if a person disagrees with the vaccine and they do not want to get vaccinated, they still have val-ue. They are still important. We don’t hate them because they have made a difficult decision. As a matter of fact, in certain circumstances, as long as it does not affect the health of everyone else and the mission, we have made changes to make it more palatable. But guess what. We still have a mission and that is to keep the people of Bermuda safe. What does that look like? Look at the numbers. The numbers have gone down. The deaths have gone down. Remember, I am not saying that the person who does not believe in the vaccine should be forced to be vaccinated. I believe that life is sacred. I believe that the gift of choice is sacred. But remember the responsibility that Government has. When you see people go on social media, when you see people march, when you see people protest, when you see their courage show, when you see talk shows, when you see their rights, they have the privilege to openly demonstrate. They have the privilege to go down to Cabinet Office and stand and challenge the Premier. That is the democracy that we live in. And I am proud to see people in this country stand for what they believe in. If for some people this is the first time they are being activists, thank you for joining the struggle. If for some people in this country it is their first time feeling what it is like not being in the mainstream, welcome to the party. A man came back with a plan. And I do not knock this man. I saw a post equating him to Martin Luther King, [Jr.]. And whilst I respect you and what you are trying to do, sir, you are no Martin Luther King, [Jr.]. Sir, you are no Martin Luther King, [Jr.] ! This is an opportunity for us to do things di fferently. How do I know? I know that our churches are back open, our community centres are back open, our social clubs are back open, our family gatherings are back open. I was able to celebrate my father’s day ! Can you believe it? We missed my 50 th, but I was able to hug my father, [ INAUDIBLE] my father at the house. It was under 50 people, but we were able to celebrate my father’s 50th. The restaurants are open. We are hugging each other, smiling, kissing each ot her. We know that we still have to keep certain rules in plac e and certain regulations in place. But guess what. I have always been a person who views the cup as half full. I believe in the sanctity of life. I believe in doing what is best for Bermuda. I believe that we have to come together. I believe that we can [disagree] . I believe that we can be on television. I believe that we can be on social media without denigrating each other, without denigrating our leadership, without putting our leaders down. We always have the ability to disagree. I believe that is fundamental. But things being [ INAUDIBLE] in difficult times, difficult days. And guess what. If you think that we are hom ogeneous in thought , meaning if you think we all sit back and agree on all things, that oftentimes we do not. And we have to face the very essence of who and what this party is. And at the end, what I am happy to say is that we always come out mission focused. Why? It is because we remember what we are here for. When we go around and learn that one of our constituents is sick, they call a Member of Parliament to come to the house to pray with their family , to sit by them in the hospital. And everybody is calling on the telephone. We get the calls. They don’t send the emails to their families. They do not make the calls to the people bringing them down. They call their Member of Parliament. I want you to hear that. When they are broken, when they need help, when they need guidance, when they need advice, they are coming to their Members of Parliament. Even in this pandemic they are coming to us to give them guidance, to give them help, to try to help them find a job, to sign the back of their [ INAUDIBLE], give a reference for their child, give them guidance, tell them who to go to for a doctor. That is what they see their Members of Par-liament f or. So sometimes we focus so much on that which is bad, that which is [INAUDIBLE ] we forget that there are a number of people in this country that do not use the Internet, that are not vociferous in their angry, tortured, nasty writing that they still res pect who we are and what we do and how we help. So we know that we are not perfect, and that we have very far to go. We have to stay focused. And we have to stay dedicated to what we are doing. I went to a home on a professional visit for my job, and the l ady was sitting there [I NAUDIBLE ] and she was upset. And she looked at me and said, I need to speak to my MP Jason Hayward.
Bermuda House of Assembly I said, I beg your pardon. She said, I have some problems. (Watch this, Madam Acting Speaker.) She said, I need to speak to my MP, Jason Hayward. I have some problems. I need to get some advice. I said, Ma’am you are speaking to Minister Jason Hayward. What’s the problem? How can I serve you? She said, I’m confused. I said, You are speaking to Minister Jason Hayward. Madam Acting Sp eaker, I knew that Jason was up to his eyeballs dealing with immigration mat-ters and meeting with members of Cabinet. So what she saw as the Minister not being available, I saw as my opportunity to say , He is not heavy, he is my brother. And I was able to jump in with that and stand and tell her that she was speaking to Minister Ha yward. Now, in thinking [INAUDIBLE ] Progressive Labour Party, we were put in place to support, to guide and to govern the people of Bermuda. Again, we are not perfect. Again, we w ill make mistakes. But we have to view tonight as a reset. We were put in office to govern the people of Bermuda, to take advice, to listen and to work hard and we will continue to do that. Yes, we will take licks. And we have been taking strikes over the last few months. But guess what. What you do not know is that when you put down the keypad and get off your WhatsApp [INAUDIBLE] we still work, we still go to homes, we still go to those [INAUDIBLE], Wednesday night, Tuesday night meetings. We still go to our communities. When you drive across the South Shore tomorrow, look at our Minister Lawrence Scott, he is on his post in Southampton. He is on his post in Warwick. And he has people there building that community together. When you have a chance, go down to constituency 1 and Minister Ming (she’s from St. George’s but the number one Somerset friend), she walks in her constituency to make sure they stay healthy. If you look at what everyone is doing, even with all of the burden of [ INAUDIBLE] with all of t he hardship they are here to serve the people of Bermuda. We have always, always, allowed the small to take over the ring. So, people in this country, this party is dedicated to you, is working hard for you. We are not perfect. We have to keep going to th e drawing board. There are times when we have fought over the issues surrounding quarantine, wondering what we are going to do. We are stronger as a party to find [the] centre. We accept that the decision that was made was the best thing for many. We support and honour and respect those who have different views on vaccination, have different views on quarantine. But we still have a mandate to do that which is right for this country. And we will still continue to do it. July 17 marks four years for this part y being in power. I can tell you this: If this Government were not in power, I shudder to think what state this country would be in now. So guess what. We understood that this time was going to be difficult. But we are still standing. As a country we are s till thriving. We have a ways to go, so let’s focus on getting the economy back together. Let’s focus on making sure that our families remain stronger. And I challenge, Madam Ac ting Speaker, for us to now find opportunities for each other, to give each other a helping hand, to help those amongst us who need learning support, who need emotional support. Instead of writing those emails, those [ INAUDIBLE ] messages , those Facebook messages , those Instagram messages, those Tweets that denigrate or pull down your Members of Parliament or your colleagues, why don’t we, as a country, make this the night of the reset for reaching out and encouraging each other, motivating each other, finding things that keep us together, that bind us, that make us stronger. That is t he only way we are going to prove what Bermudians are made of. Madam Acting Speaker, I remember being a boy and my father and his brothers putting in wi ndows. Oh, not one person came, but my brother came and the entire community came, putting those wi ndows in, putting shingles on [ INAUDIBLE ] Madam Acting Speaker. But the truth of the matter is, everyone was working together to make our community stron ger. We must reverse back to that which made us stronger. Lower the tone of the argument. Lower the tone of the rhetoric. Understand that the rules have been put in place to make us protected. And when we disagree with them, disagreement is okay, not [INA UDIBLE] rights . We understand the sacredness of individual rights. We will acknowledge that a person’s will should not be broken for any purpose. We get that. But I can tell you that we are going to continue to work hard. We are going to continue to work for our consti tuents, and continue to throw out their seeds . Madam Acting Speaker, last week I saw a post fr om somebody in my constituency. And she shared with me that the mirrors on [INAUDIBLE] field were not working. To the average person that doesn’t mean anything. That is not significant in any way. But imagine if you were a mom and your child was in the back of the car and you go to cross a very busy junction . . . it was my responsibility to stop everything that I was doing for this constituent who raised a flag that was important to her. And because it was important to her, it was important to me, and beca use it was i mportant to me, it was important to the Premier. And because it was important to the Premier, it was i mportant to [Senator] Owen [Darrell], it was important to Vincent, it was important to Wayne Campbell . Why? Because we all are [Minister] Jason Hayward. Thank you, Madam Acting Speaker.
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Bermuda House of Assembly The Acting Speaker: Thank you, Member. I hope that when it is time for you to represent the women, you are able to take on the female persona and do the great job that you did representing Minister Hayward. Are there any other Members who wish to speak?
The Acting SpeakerThe SpeakerOkay, MP Adams. You have the floor. You have 20 minutes. NATIONAL SPORTS CENTRE CONTRACT
Mr. Jache AdamsMadam Acting Speaker, I must say that this evening I have the unenviable task of following MP Caines with his passionate and em otional speech on the motion to adjourn. But noneth eless, I will continue. Madam Acting Speak er, it has come to me a common quote that I …
Madam Acting Speaker, I must say that this evening I have the unenviable task of following MP Caines with his passionate and em otional speech on the motion to adjourn. But noneth eless, I will continue. Madam Acting Speak er, it has come to me a common quote that I often use, and it says that it is not the strongest or most intelligent that survive; but rather, the one most adaptable to change. So, what we have here today is evidence of how true those words really are. Madam Acting Speaker , MP Cannonier continued to demonstrate this evening the big reason why he, as the then Leader of the OBA, lost the last election. He refuses to adapt. He keeps coming with the same routine we have seen time and time again. Madam Acting Speaker , this evening I will not raise my voice. I will not bang on tables. I will not perform a tirade, because there is nothing to hide. So let’s get to the truth. Number 1, let me simply start by putting this to bed early and say that the board approv ed the NSC loan in May of this year. Number 2, Atlantic Energy Solutions Group (AESG) was a successful bidder in a public tender offering. It is as simple as that. The decision to pr oceed with AESG was then confirmed independently by a local large engine ering company. AESG was considered successful prior to Damon Wade becoming chairman of the best party in this country. Almost three years of review and analysis took place, Madam Acting Speaker, with no one complaining from AESG, no one complaining from the Government, no one complaining from the National Sports Centre. But we wanted to get it right, and we could not proceed until we were comfortable that we did. Madam Acting Speaker , since the project began (here is what is interesting), everything has b een going according to plan. Everything has been going exactly on what was agreed. I know that this is not the sensationalized story that the OBA wants the public to believe, but it is the truth. What the Honourable Member is going to be disappointed to he ar is that the letter he is referring to was not supported by any other board member. But, Madam Acting Speaker , since we are in the mood of asking questions, I would like to ask some of my own. Why are they so against the Go vernment providing opportunit ies for Bermudians? I can recall the Opposition Leader saying while we were discussing the Economic Recovery Plan that the document needed to be simpler for the average Bermudi-an. Madam Acting Speaker , why does the OBA constantly undermine the intelligence and capabilities of our people? Madam Acting Speaker , who would they pr efer received the contract? Another Canadian compa-ny? Madam Acting Speaker , no matter how many times the Opposition tries to spin this and try to make this look guilty, the truth i s a Bermudian company won a public tendering offer based on the qualifications and experience on a project that will provide the Gov-ernment cost savings and allow the National Sports Centre to run more efficiently. Madam Acting Speaker , I notice the Honour able Member did not mention the $600,000 BELCO bill that this project is expected to virtually eliminate. There is no mention of the Bermudian jobs that this project will create. There is no mention of the i ncreased value for the taxpayer money. You see, then I start to think to myself, I can’t be the only one who finds it rich that a man who would take money to go on a jet ride has the audacity, the gall, to beat his chest in this ludicrous manner. Madam Acting Speaker , I can vividly recall a certain Member stating publicly when he became the Opposition Leader that he would tell all, and yet, ironi-cally, three years later, we have heard nothing. I believe the Honourable Member has shown his hand because it is quite clear where he received that informatio n because I have heard the same questions many times before. So, I hope that he is better able to explain those answers than I can, because I have tried. For example, Madam Acting Speaker , the Honourable Member proceeds to speak about a monthly fee of $12, 000 for so many years, when no such agreement exists. And so he is literally going to have to come back to this House and retract yet another baseless statement. Madam Acting Speaker , with that, I am going to close because I wish the Honourable Member wel l on his deep dive. And, more importantly, I hope that he looks for a new source of information. Thank you.
The Acting SpeakerThe SpeakerThank you, Member. Are there any other Members who wish to speak? Bermuda House of Assembly Hon. E. David Burt: Madam Acting Speaker. The Acting Spea ker: Yes, Premier. Is that you? Hon. E. David Burt: Yes, it is me.
The Acting SpeakerThe SpeakerYou must have a magic camera because you are the only one who has come that I can see. Hon. E. David Burt: I understand. Madam Acting Speaker , I will tell you the h onest to God truth, I contemplated not speaking after the Member from c onstituency 19 …
You must have a magic camera because you are the only one who has come that I can see.
Hon. E. David Burt: I understand. Madam Acting Speaker , I will tell you the h onest to God truth, I contemplated not speaking after the Member from c onstituency 19 gave that amazing retort to the Honour able Member from constituency 12.
The Acting SpeakerThe SpeakerAre you speaking, Premier? Hon. E. David Burt: I am!
The Acting SpeakerThe SpeakerO kay. Hon. E. David Burt: I am going to close this out this motion to adjourn, it’s time for us to go home.
The Acting SpeakerThe SpeakerOkay. You have 20 minutes. NATIONAL SPORTS CENTRE CONTRACT Hon. E. David Burt: Thank you, Madam Acting Speaker. I appreciate that. Madam Acting Speaker, earlier today we wi tnessed a despicable innuendo– laced attack on private citizens and Members of this House under the cloak of parliamentary privilege without even …
Okay. You have 20 minutes.
NATIONAL SPORTS CENTRE CONTRACT Hon. E. David Burt: Thank you, Madam Acting Speaker. I appreciate that. Madam Acting Speaker, earlier today we wi tnessed a despicable innuendo– laced attack on private citizens and Members of this House under the cloak of parliamentary privilege without even the decency of even trying to ascertain the facts by putting the matter into a parliamentary question. And as the Honourable Member from constituency 9 just stated, how can the contract that took 33 months to put together, was scrutinised time and time again, that is going to save taxpayer money, create jobs, make mor e efficiency, make our economy greener and better, all of a sudden, a bad thing? And it is just rich that this is coming from a former Premier who was a Minister of Public Works in a Government that gave a $40 million no- bid contract to build Cross Island that has cost the Government of Bermuda $4.3 billion a year. This project saves the Government money. And we are having a debate? Come on now. The most important thing to know is that we have rules, we have laws and they continue to be upgraded. It is but sound and fury as the Oppos ition wants to create it. It is just that, sound and fury not backed up by facts. So the Honourable Member from constituency 19 has stated clearly what exactly the Honourable Member from constituency 12 was saying earlier today. But what this is, Madam Acting Speaker, is political opportunism at its finest from the One Berm u-da Alliance. I will just give you a couple of examples before I move on, Madam Acting Speaker. We heard the former Premier and the former Minister of Nation al Security, calling on the Government of Bermuda to enforce the law , when he knows full well, as a former Premier and a former Minister of National Security, that enforcement is a matter for Government House and a matter for the police. So, instead of cal ling on the people who enforce the law to enforce the law, he goes with a press statement to his best friends at the Royal Gazette, and calls the Government names, r ather than in just the regular fashion, obfuscation of what he does, when he knows better.
PLP GOVERNMENT FOCUSED AND UNITEDLY TACKLING THE ISSUES
Hon. E. David Burt: Madam Acting Speaker, I am just going to run a third point of political opportunism. I remember a press statement 12 days ago from the Honourable Opposition Leader who spoke about how the country was being deprived a debate on quaran-tine regulations and how the Government has held up a motion to be debated and after all of that, Madam Acting Speaker, after two- weeks’ times, was there a motion on the Order Paper from the Opposition today? No, there was not. No motion whatsoever. So, what I will say is political opportunism because if the One Bermuda Alliance was so against the Gover nment’s measures to protect our borders, then why did they not lay down that motion today? Why not, Madam Acting Speaker? It is because they are playing politics. The worst type of pol itics. So we have heard a number of Members from this side speak, Madam Acting Speaker, and it has been a very good motion to adjourn. And like the four last Members who spoke before, who spoke on my side before—
Ms. Lovitta F. FoggoPremier, the Speaker has taken the Chair so you can acknowledge him. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] Hon. E. David Burt: All right. It is so good to see the red and blue tie. Madam Acting Speaker, I like your ensemble.
Ms. Lovitta F. FoggoBlue and blue all the way! I am taking advantage while I am the Acting Speaker. [Laughter] Hon. E. David Burt: At least his tie matches mine! Mr. Speaker —
The SpeakerThe SpeakerContinue on, Premier. 1798 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Thank you very much, Mr. Speaker. So here is the difference. While their candidates troll press conferences and stand outside, we work. While they look to attack and demonise people in …
Continue on, Premier.
1798 16 Jul y 2021 Official Hansard Report
Bermuda House of Assembly Hon. E. David Burt: Thank you very much, Mr. Speaker. So here is the difference. While their candidates troll press conferences and stand outside, we work. While they look to attack and demonise people in society, Mr. Speaker, we work. When they pen fake WhatsApp forwards talking all type of nonsense, attempting to sow division in this community, we, as a team of 29 Members of the House of Assembly who will fly the PLP banner, we work. When they look to sow division, Mr. Speaker, we work togeth er to make sure that this country gets better. So, the truth is that unity and focus are r equired. And we cannot be distracted. We have heard a lot of things over the past few weeks. And as I have always said when I speak here, this Government is not perf ect. I am not perfect. No one is perfect. And every time there is a need to examine what it is we need to do better. But here is what I can say, Mr.
SpeakerThe SpeakerWhen other countries are seeing surges in cases, when other countries are having to re - implement r estrictions, when other countries are finding themselves having to close down shops and stores and everything else after reopening their borders to tourists, we are not, because we believe that what we …
When other countries are seeing surges in cases, when other countries are having to re - implement r estrictions, when other countries are finding themselves having to close down shops and stores and everything else after reopening their borders to tourists, we are not, because we believe that what we have constructed is a very strong border control polic y, Mr. Speaker, which can assist us in moving forward. As many Members have said today, the most important thing is to take care of the people we serve. I cannot imagine having to be in a place and tell st udents they cannot go to school, children cannot g o to summer camps, persons cannot open up businesses, and people have to stay at home, the hospital is about to overflow. We are not going to do that again, Mr. Speaker. We learn from experience, and we have to move on. So, when you see places like BVI, we see places like Barbados, we see places like Australia back in lockdown, and we see the United Kingdom who has reported their highest figure of cases in six months, that is not a place where we want to be. We do not want businesses closing down all over t he country because people are quarantined. We do not want those challenges. So that is the reason why it is important that we stay the course, Mr. Speaker. Now, as many persons have said, it is a very delicate road. And it is a delicate, delicate, delicat e balance. Here is what I can say: With our strong bor-der protections our country is returning to normal. As Members have said before, restaurants are open, bars are open, summer camps are open, gyms are open, movie theatres and bowling alleys and retail stores are open. Large events can happen. And the only restrictions inside of our country, Mr. Speaker, are that you have to wear masks indoors, and if you are going to host an event larger than the limit, which is 50, you let the Government know so we can ensure the event is held safely and minimise any risk of it being a super -spreader event. So, when I hear all of these things about you have to o pen the country I have to respond, what is closed? We are in a fortunate position in this country. And though there is a division that we see, we have to stay focused on what is necessary. We cannot let the selfish actions of a few undermine the collective pr ogress of this country. We have come so far because whether or not we like the science, we have followed the science, and because we have all done our part as a country. So what I want to do tonight, Mr. Speaker, on the eve of Eastern Counties where we are going to have a safety event where there will be over a thousand persons who will be able to watch sportin g games, which they cannot do in Barbados because sporting events have to be held behind closed doors, what I want to do is to thank the vast majority, the 99 per cent of people in this country, who follow the laws, follow the rules, follow the guidelines, know that the threat is real and are working with the Government to ensure that we can continue to keep our country open. I want to thank them. I am not going to focus on the minority, the very small persons, people who are politically agitated, people wh o wilfully disobey the law, people who are wilfully going around filming themselves disobe ying the law to try to cause chaos in this country. Do you know what pleases me, Mr. Speaker? It pleases me that the vast majority of the country looks at them and sa y, What are you doing? In this country we have hotel workers back to work. Our planes are full. Some of our hotels are seeing occupancy figures that they saw in 2019. The Government, through the Minister of Transport, has secured additional cruise ships t hat are coming in A ugust, Mr. Speaker. We are in a good and strong pos ition to build. And what we cannot do is allow persons who want to tear us apart, to tear us apart from the unity of which we created which has driven us to this point where we are able to be a success story to the world. And so, Mr. Speaker, as some Members have mentioned, on Sunday it will be four years since the election of this Government. On Monday it will be four years that I have served in this office. So, on Tuesday it will be th e four -year anniversary of the PLP Cabinet and this Government. I want to say thank you to all of the Members of this House who serve on this side who continue to support the work of this Government in many different ways. We support by voicing our disagre ements internally, scrutinising our decisions and making sure that they are the best possible. We support by working inside of our communities. From East End of the Island, the Honourable Member Renee Ming, Kim Swan, Lovitta Foggo, Tinee [Furbert] up there making sure that feeding pr ogrammes happen week in and week out, just like in Devonshire Parish pride, just like how they are doing in Warwick by making sure they are there all the time,
Bermuda House of Assembly what we are doing in Pembroke, what we are doing in Sandys Parish, e ven out there in Smith’s where we have MPs in Hamilton Parish. All throughout this country, Mr. Speaker, we are working week in, week out, on the doorstep taking care of our residents. I want to thank the workers of this party who take the licks for the decisions that they are not r esponsible for making but support the party because they recognise that our objectives are pure. And I want to thank the people of this country, Mr. Speaker, who continue to put their faith in us. We are not per-fect. But we are d oing the best that we can to make sure that this country is safe. So on this anniversary, Mr. Speaker, and on this weekend, I just want to say thank you to all. I si ncerely hope that we have a blessed weekend. I look forward to seeing everyone again next w eekend, Mr. Speaker. And to you, Mr. Speaker, who will not be here, I hope that you have a very happy Cup Match and continue to wear that wonderful red and blue. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Members, that now brings today ’s [sitting] to a close. I thank all Members who have contributed t oday. The Premier just mentioned that I will not be pr esent next week, and he is correct. You will be in the capable hands of the Deputy …
Thank you, Mr. Premier. Members, that now brings today ’s [sitting] to a close. I thank all Members who have contributed t oday. The Premier just mentioned that I will not be pr esent next week, and he is correct. You will be in the capable hands of the Deputy Speaker, and I had the honourable chair member, MP F oggo s it in today just so she can be warmed up in case she needs to assist the Deputy Speaker next week. But Members, I trust you will be fruitful next week in your debates. Enjoy the Cup Match holiday. I expect to see a two- day visit for the cup and then it will return home afterwards.
[Laughter]
The SpeakerThe SpeakerHave a great, great Cup Match season! Thank you. Good night.
Ms. Lovitta F. FoggoGood night. Blue and blue all the way! [At 7:50 pm, the House stood adjourned until 10:00 am Friday, 23 July 2021.] 1800 16 Jul y 2021 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank.]