May 26, 2021

Madam President, I
want to open today by stating that this Government and my Ministry are deeply committed to sport in Bermuda. Sport is considered one of the bedrocks of
our community , and we fully recogni se and embrace
the critical role that sport plays in the social, physical,
mental and emotional well -being of our citizens . Likewise, we understand that the necessary restrictions
and limits imposed by COVID -19 have been a blow to
the sporting community , and we appreciate ever yone’s patience as well as collaboration as Bermuda battles through this pandemic to keep our people safe
and our economy open.
Although the setback from the most recent
outbreak was a blow to all of us, I do understand the
pain and frus tration it caused the sporting community.
We must remember that people have lost their livel ihoods , and indeed some have lost their lives in this
outbreak. So we have to keep [our] suffering in perspective. However, it is absolutely clear that sport and cultural activities have felt the pain—physically, me ntally and financially. During these difficult times , most
of our normal activities have been curtailed or sus-pended due to the COVID -19, including recreational
sport and national sporting events. Sporting events
bring us together in a spirit of comradery and unity to cheer on and support our favourite teams, our family
members and our friends. They also allow us a per-sonal outlet for stress and anxiety , which is important
for our overall well -being and needed more than ever
at this time. Admittedly , we have missed the routine of
attending and engaging in regularly scheduled spor ting activities during this time. Perhaps this has been made harder when we see more sport taking place in other countries in ways that Bermuda has not been
able to practice.
However, we have to remember that Bermuda
has charted its own course in the management of COVID -19, and we have largely done spectacularly
well. With a lot less infections, less illness and death
than countries with less -effective approaches, Berm uda’s approach to COVID -19 has been successful and
the public’s cooperation has been instrumental to that
success. Sacrifices by sport, the arts, education, hos-pitality and many other sectors cannot be overstated.
Consequently, it was a relief to us all when
the country entered p hase 2 of our re- opening plan,
which allowed my Ministry to re- open sports to
stage 2
of the “Return to Play” Guidance . As before, individual
sports can only apply to operate at s tage 3, and the
Department of Youth, Sport and Recreation welcomes
applications and operational plans to allow as much
sport to take place as can be done safely while the
country still has community transmission. Stage 2 of the Return to Play g uidelines allows for team training
within the requirements permitted by the e mergency
regulations —that is, groups of 10, no contact, six feet
between participants, masks except during physical
exertion, 30 minutes between groups to allow for
cleaning, and n o fans.
While stage 2 activities are permitted, we r emind the athletes and their families that household
mixing still raises the risk of COVID -19 spread and is
discouraged and shou ld be kept to a minimum while
Bermuda continues to have community transmission.
Sporting groups are not a bubble, and all precautions
should be practiced during stage 2 activities . As with
all our day -to-day activities , we must avoid the 3 Cs —
that is, closed spaces, crowded places and close contact.
As I said earlier, individual non- contact sports
may apply to the Department of Youth, Sport and
Recreation with their operational plan to progress to
stage 3. As before, adults entering s tage 3 require a
COVID -19 saliva test, which has to be repeated on a
monthly basis . Tests can be booked online at the pu blic test sites. However, immunised athletes do not
need to be tested for s tage 3 purposes. And individual
NSGBs [National Sport Governing Bodies] can require
more testing for adults, immunised [persons] and chi ldren according to their own needs and their standards. As a reminder, sports approved for s tage 3 must
484 26 May 2021 Official Han sard Report

Bermuda Senate still operate within the group size permitted by the
Public Health Emergency Regulations, and that is currently at 10 persons. To gather in larger numbers , approval first needs to be obtained from the Minister of
National Security. Madam President, I am pleased that we are
progress ing through our re -opening plan. We can r eturn to the very things that bring us mental and phys ical well -being during such trying times , and those are
sport and exercise. I ask our athletes to please coop-erate and follow the guidance to keep themselves, their teams and Bermuda safe. Limit household mi xing as much as pos sible. We want to get to the next
re-opening phase in June , and it will take the diligence
of all of us to keep the COVID -19 numbers going
down and to prevent another wave of illness es and
deaths .
This is Heritage Month, Madam President,
which this year r eminds us that we are a resilient pe ople. We got through this before and have learned from it. We can get through this phase, too. Sport is an i mportant part of the Bermudian spirit and identity, and
we will adapt to the new norm whilst a pandemic rages gl obally and locally. Let us stick to the guidance
and stay safe as we return to sport.
Thank you, Madam President.

The President: I thank you, Minister Peets, Minister
of Youth, Culture and Sport, and Government Leader
in the Senate.
The next Statement is Hurricane Preparedness, and this is in the name of Senator Richardson,
the Junior Minister for National Security.
You have the floor.

HURRICANE PREPAREDNESS

Sen. Curtis Richardson: Thank you, Madam Pres ident.
Madam President , I ri se this morning to r emind this Honourable House that we are about to en-ter hurricane season, which runs from June 1
st until
November 30th. Madam President , based on records
of the last 30 years the National Oceanic and Atmospheric Administration (NOAA) , National Hurricane
Center (NHC) has raised the number from what is
considered an average season. The numbers have
risen from a yearly average of 12 main storms to 14
main storms, and from six hurricanes to seven hurr icanes. The average for major hurricanes classified as a Category 3 or above remains the same, at three.
Madam President , the 2020 season saw a
record breaking season with 30 named tropical
storms, 13 hurricanes and 6 major hurricanes. Ber-muda saw Hurricane Paulette strike overnight on the
13
th and 14th of September, and Hurricane Teddy
strike overnight one week later on the 20th and the 21st
of September. Madam President , with this said, the early
predictions for the 2021 [season] are that the season
will be even more active than the new , higher averages. Colorado State University, which is recognised as the world’s leader in predictions, have indicated that
the early season forecast is 17 main storms, 8 hurr icanes and 4 major hurricanes. The NOAA, NHC i ssued their predictions for the 2021 season yesterday .
The first tropical storm of the 2021 season was announced on May the 10
th for the Pacific Coast. Due to
climate change, the N ational Hurricane Center started
its forecast two weeks earlier this year on May the 15
th.
Madam President , each ye ar the Government
begins its preparations for hurricane season in ad-vance of the start of the season. In preparation for the
2021 season, the Emergency Broadcast Facility 100.1 FM has now been fully relocated to the new
government tower at Prospect and is broadcasting
every day at reduced power. Power will be increased
if needed. Senators may recall that the station was
[used last ] December during the Island- wide power
outage. The public is encouraged to familiarise them-selves with the station by tuning in from time to time
when they are driving.
Madam President , Hurricane Preparedness
Week is traditionally held during the first week in June and will run this year from Monday, May 31
st until Fr iday, June 4th. During Hurricane Preparedness Week,
the Disaster Risk Reduction and Mitigation Team
[DRRM ] will coordinate a number of exercises to re -
familiarise staff and train new staff with the Emergency Measures Organisation Operations Centre located
at the Hamilton Fire Station. This week will also be used to test equipment and conduct staff training for
the Emergency Broadcast Facility [ EBF].
The Emergency Broadcast Facility will test its
connections with the Bermuda Weather Service and the Government Facebook Live link. Additionally,
Madam President , the Emergency Broadcast Facility
will go live each day during lunchtime for 30 minutes
with guest speakers for the daily preparedness teams,
which are as follows:
1. Monday, Personal Safety;
2. Tuesday, Family Safety;
3. Wednesday, Financial Security;
4. Thursday, Strengthen Your Home; and
5. Friday, Community and Neighbours.
Madam President , during this week the EMO
will meet on Wednesday, June 2
nd, to ensure planning
from each organisation is underway for the 2021 sea-son.
Madam President , we all understand that it
takes one hurricane to make 2021 an active season for Bermuda. And I urge all residents to be prepared.
• Now is the time to prepare and repair your
house for hurricane season.


Bermuda Senate • Now is the time to look at your family plans
and update them with any changes to phone
numbers and other important information.
• Now is the time to take stock of all medical
prescriptions that your family and pets require and ensure that you have at least two weeks
supply on hand.
• Now is the time to check your hurricane kit to
make sure you have working flashlights, a
portable radio with spare batteries and a stock
of non- perishable food to last your family for
seven days.
• Now is the time to ensure your house insurance policy is up to date.
• Now is also the time to visit your vulnerable
neighbours and ask them if they need any
help with their preparations —keeping COVID -
19 safety precautions in mind.
Madam President , several years ago the D epartment of Communications released their
smartphone application called Tree Frog. This app will
alert all users to news and alerts posted by the Ber-muda Government and includes any alerts posted by the Emergency Measures Organisation [EMO] that the
public needs to be urgently aware of. I urge all in the
Senate and all of Bermuda’s residents to sign up for
this app, which is free, to ensure that you receive all emergency alerts.
Madam President , the DRRM team will hold a
further EMO meeting for all EMO agencies in late A ugust to update the country on the last hurricane season forecast for 2021, which will be published at the beginning of August. Madam President, each year
during the hurricane season, Bermuda has an opportunity to demonstrate its strength and resilience. I am
confident that with pro per preparation, this year will be
no different and we will safely weather a ll storms that
may test our shores. The DRRM team and the Mini stry of National Security will continue its work to ensure
that we are well prepared.
Thank you, Madam President.

The President: Thank you, Senator Curtis Richar dson, the Junior Minister of National Security.

INTRODUCTION OF BILLS
The President: There are none.

FIRST READING OF PUBLIC BILLS

FIRE SAFETY AMENDMENT ACT 2021

PUBLIC SERVICE SUPERANNUATION
TEMPORARY AMENDMENT ACT 2021
CONTRIBUTORY PENSIONS TEMPORARY
AMENDMENT ACT 2021

The President: The following Public Bills have been
received from the Honourable House of Assembly and
are now read for the first time; their titles are, respectively:
• Fire Safety Amendment Act 2021;
• Public Service Superannuation Temporary
Amendment Act 2021; and
• Contributory Pensions Temporary Amendment Act 2021.

FIRST READING OF PRIVATE BILLS

The President: There are none.

QUESTION PERIOD

The President: Senators, we will now entertain questions on the first Statement that was given by the
Honourable Ernest Peets, Minister of Youth, Culture
and Sport entitled “Return to Play Guidance.”
Would any Senator care to ask questions?
Senator Ben Smith, Opposition Leader, you
have the floor.

QUESTION 1: SPORT “RETURN TO PLAY”
GUIDANCE DURING PHASE 2 OF RE -OPENING
Sen. Ben Smith: Thank you, Madam President. Good
morning to you and good morning to all Senators and
the listening public.
Madam President, I would like to thank the
Minist er for giving us this Statement this morning. I
would personally like to start off by declaring my interest as the National Swimming Coach in Bermuda and
someone who thinks that sport is a credible [asset] to
our society. So listening to the information that was in
this Statement was really important to me.
But with it there are questions that come out.
So the Minister speaks to the potential impact [on]
sport s [which] has [been] had during the issues with
COVID -19. Would it be possible for the Minister to let
us know whether we collected any data to allow us to know what impact this had on sports in Bermuda?
Whether sports [spokespersons] have reached out
and explained whether it has had financial impact, whether they lost athlete s? W hat impact have the
COVID-19 regulations had on sports in Bermuda?
And are they issues that will impact sport for the long
haul going forward? It would just be good to see if we
had some data on that information.
Madam President, on page 4 of the Stat ement, there was a specifi c part talking about the saliva
tests. And it mentions adult s entering interim stage 3.
Can the Minister give us an indication why it is only
adults and not other athletes? I bring that up just b ecause I know that now there is testing, saliva testing
486 26 May 2021 Official Han sard Report

Bermuda Senate going on potentially in schools. So would it be i mportant for us to also protect those athletes in the
sport setting? And maybe having that kind of testing
would also allow sports to maybe get back to a level of normalcy.
The next part for me really is that, y es, we can
move to phase 2, we can move to phase 3. But the
[size of the] gatherings is what really impacts sports.
Earlier this year we saw that football cancelled its
season. And one of the main factors would be the
[size of the] gatherings, not being ab le to really parti cipate at a full level. So until [the size of the] gathering
changes we really are not changing much with what
we are able to do in sports. So in knowing that, the
process is that you have to apply for an exemption. Would the Minister please be able to provide the population [with] what that exemption process is and how
long that process takes? Where is the information submitted, and who has to look through that information in order for an exemption to happen?
Just because, as sports bein g important we
need to know what that process is so that sports will
continue and maybe get back to some level of normalcy. We see that there is a big sporting event ha ppening on Friday with a large number of people, si gnificantly higher than the gathering size of 10, s o it
would be interesting to see how we can get to that
level with multiple other sports so they can get back to
the same level of normalcy.

The President: Thank you.

Sen. Ben Smith: Still on page 4, there was one more
question that I find really important based off of i mmunisation. So there is the mention of immunisation of
athletes, meaning that they do not have to get tested. Would the Minister be able to tell us whether there will
be a policy that will be for national teams , saying that
potentially they have to be vaccinated in order to par-ticipate locally or participate overseas, considering
that this looks like it is a safer process if athletes are
immunised?
Thank you, Madam President.

The President: Thank you, Senator Ben Smith. I d id
allow you additional time in Questions because of the
position that you hold.
Would any other Senator care to ask any
questions on this Statement?
Hearing none then, it is over to you, Minister.
Minister Peets.

Yes. Th ank you,
Madam President. Also thank you, Senator Ben
[Smith] for your questions.
These questions are important. All of us, of
course, care about our athletes and sport in general. Of course, the pandemic has not made things very —
certainly has made things difficult for us going for-ward. I will try to go back to the original question and
work my way through. Regarding the data regarding
the impact, I am not privy to some hard- and-fast data
as it relates to fiscal data. But we have been working
with Youth, S port and Recreation who work very, very
closely with the NSGBs. We have been talking to the
NSGBs throughout the entire process regarding the
pandemic. We have first -hand information from them.
For example, with the loss in revenue as it relates
[when ] it comes to sports, if there are no sports going
on that means clubs do not have gate receipts and
things of that nature.
The long- term impact for COVID -19 around
sports I think is something this country, as well as the countries around the world, are going to have to sort
of grapple with. There are some athletes, of course, who were on the cusp of elite status as relates to competing in international events. And perhaps due to
the pandemic, they have been unable to meet those
standards and/or even train to m eet those standards.
So I would imagine it is certainly something I think that
we can sit and take a look at on how we can gather
the appropriate data and the matrix for those data so
that we can really have an impact study on how the pandemic has impacted sports.
Regarding stage 3, I do recall regarding testing for stage 3 regarding minors , I do recall —so we
have been learning a lot over the cour se of the year.
And in the beginning last year when the Return to
Play phases were being developed, at that initial conversation we were working with the NSGBs. We
reached out to parents. Parents reached out to us. And the decision was made very early that children,
minors, will be exempted from testing. That seemed to
be prudent, particularly as it relates to keeping the
testing requirement consistent across other areas. For
example, the testing requirement at the airport for ar-rivals is sort of the benchm ark that we used for testing
for children. So to my knowledge, we are not testing
children under the age of 12. That responsibility, of
course, lies right now with mom and dad.
Regarding the [size of the] gatherings, which I
believe was question number 3, there is a difference
between contact sports and non- contact sports. And
we have been advised by Health to sort of have some
different guidelines regarding those two categories
because they do pose different levels of risk. So right
now if there are quest ions or concerns coming from
the club level, coming from the grass -roots level r egarding exemptions and regarding COVID -19 guidelines, we have identified a person at Youth, Sport and
Recreation, who is Maceo Dill. We encourage clubs
and grass -roots organis ations and supporting organ isations, using [him] as their first point of contact, he
will be able to explain to them the current guidelines
regarding the phases. He will also be able to assist
them regarding the COVID -19 management plans and
be able to adv ise them on how to go about the exemption process.


Bermuda Senate The exemption process right now is approved
and vetted by the Ministry of National Security. I cannot really say at the moment whether or not there is
an expected timeline for exemptions. I can tell you
from my conversations with the DRRM team and with
the Minister that they are responsible for all of the exemptions that come into the Ministry. And sometimes
they are overwhelmed. We are in dialogue with them
on how we can perhaps expedite some of those appl ications, particularly from a sporting point of view. So those conversations are ongoing as we speak.
I certainly, as the Minister of Youth, Sport and
Recreation, would like to see all of our applications for
exemptions regarding sport to be expedited. S o I am
certainly encouraged by that conversation.
Regarding immunisation, our immunisation
requirements for sport are really related to the immunisation requirements around our borders. So the best
advice I can give regarding an answer is the sporting
event is taking place internationally where persons are
coming into the country. Of course, all of us are aware
that sometime in June the border requirement for entry is going to require either immunisation or a 14- day
quarantine in order for that event to take place. For
individual athletes, I know that there has been some
conversation going on with their local clubs, trainers,
coaches, as well as their NSGB representatives. And right now my understanding is that the best guidance
for international athletes w ho are competing is to really follow the health guidelines by their international
governing body. Some governing bodies are encouraging their athletes to be immunised. But that may
vary from sport to sport.
So I hope these answers are sufficient. I will
entertain any other questions, Madam President, if
there are any.

The President: Thank you, Minister Peets, Minister of
Youth, Culture and Sport. I did ask if anyone else had
any questions, and there was only the response,
comprehensive response from Senat or Ben Smith.
But before we leave this Statement, would
any other Senator care to ask any questions on this
Statement?
No. Then thank you very much, and thank
you, Dr. the Hon. Ernest Peets, Minister of Youth, Cu lture and Sport, for your comprehensive response.
We now move on to the second Statement,
Ministerial Statement, which was presented by Senator Curtis Richardson on Hurricane Preparedness.
And the floor is open for any Senator to ask any questions on this Statement. Would any other Senator care to ask?
Senator Robin Tucker, you have the floor.
Sorry. I just caught you.

Sen. Robin Tucker: That is okay. Thank you.
The President: You have the floor. Sen. Robin Tucker: Thank you, Madam President.
Again, thank you very much to the Junior Mi nister for providing his Statement. My questions are, I
think, quite simple. I wonder —
The President: Senator Tucker, can you be a little
closer to your microphone? We can hardly hear you.
Sen. Robin Tucker: Okay.
The President: Thank you.

Sen. Robin Tucker: Is this better?

The President: Yes, much better. Thank you. If you
could stay as close as you can. Thank you.

QUESTION 1: HURRICANE PREPAREDNESS
Sen. Robin Tucker: Okay, thank you.
I would just like to know how people who are
hearing impaired get the E MO updates. So, I am just
wondering if there are any tools in place to address
that simply because currently we primarily have the
100.1 radio station, but with people being hearing i mpaired, are there any other tools available to assist
them and provide them with updates?
The second question I have relates to the
Tree Frog app. It is quite similar to the question that I
had a minute ago because not everybody has
smartphones, and particularly seniors. So what other
way is that information going out to seniors and those without smartphones, and certainly those at this time
who cannot afford to pay for the Internet?
The last question I have is, there was mention
that the emergency radio broadcast would go live next
week for 30 minutes during the lunchtime. But I am
just not clear on what that means. What lunch period
is that? So, if he can provide some information around
specifically what times the testing will be done, that
would be wonderful.
Thank you, Madam President.

The President: Thank you, Senator Robin Tucker.
Would any other Senator care to ask any
questions?

[Pause]

The President: Senator Wight, did you have a question?
Sen. John Wight: No, I did not say [anything].
The President: Oh, sorry.
Well, it appears no other questions are being
presented. So, Senator Richardson, you have a couple of questions [to respond to].

488 26 May 2021 Official Han sard Report

Bermuda Senate Sen. Curtis Richardson: Thank you, Madam Pres ident. Thank you, Senator Tucker.
If you could allow me to get those answers to
you momentarily via email, that would be great.
Thanks.

The P resident: Thank you, Senator.
Senator Robin Tucker, you have a further
question or comment?

Sen. Robin Tucker: Yes, please. Madam President, I
have a question. I think it is specifically for you. If we
are able to ask the Junior Minister to provide his r esponses in this forum so that the public can get the
information, because I think the questions that I am asking are relevant to the public domain. And people
would certainly want to know specifically the times
and how else they may be able to access or r eceive
the emergency information outside of the tools that
have already been provided. I am just wondering if we
can get those questions in Senate versus by email?

The President: Senator Richardson, can you give
any undertaking to provide that before we —sometime
during the meeting?

Sen. Curtis Richardson: I will do my best. I am ma king inquiries as we speak. And
1I will get back to the
Senator and the Senate before the session is over .
Thank you.
The President: Thank you very much, Senator Ric hardson.

ORDERS OF THE DAY
The President: The first item on the Orders of the
Day is the second reading of the Gaming (Transfer of
Functions) Act 2021. And this is in the name of Sen ator O. K. Darrell, the Junior Minister for the Cabinet
Office.
Senator Darrell, you have the floor.

Sen. Owen Darrell: Good morning, Madam Pres ident. Good morning, Senators.
The President: Good morning.

Sen. Owen Darrell: Madam President, I move that
the Bill entitled Gaming (Transfer of Functions) Act
2021 be now read a second time.

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


1 See answer at page 49 6 BILL

SECOND READING

GAMING (TRANSFER OF FUNCTIONS) ACT 2021
Sen. Owen Darrell: Madam President, every innov ation requires a framework within which t o operate and
a proper level of legislative foundation to ensure best
practice and efficient operation. The Bill before this
Senate, the Gaming (Transfer of Functi ons) Act 2021
,
represents such a framework.
Madam President, the Gaming (Transfer of
Functions) Act 2021 makes a series of significant
amendments to a variety of statutes for the purpose of expanding the regulatory remit of the Bermuda Casino
Gaming Commi ssion. The Bill will also make the
Commission responsible for the regulation of casino
gaming, betting, cruise ship casinos, lotteries, raffles
and also Crown and Anchor.
Madam President, the Commission will also
collect all associated fees, levies and taxes resulting
from its new responsibilities for these sectors. However, Members of the Senate will recall that this does not
extend to betting duty. That regime will remain unchanged for the near term as we consider whether the
current duty structure is fi t for purpose.
Madam President, while it is not connected to
the Bill before this Senate, I would be remiss if I did
not use this opportunity to advise Senators and the
public of the progress made by the Commission in
various areas. Senators will recall t he Commission
welcomed a new chief executive officer in late 2020.
And I am pleased to advise this Senate that the
Commission has now successfully recruited a chief
regulatory officer who will be responsible for the management of the Commission’s regulator y functions,
compliance of licences, as well as the development and implementation of a regulatory assurance strat egy. Additionally, the posts of director of legal and a
new compliance inspector have also been filled.
Madam President, Bermuda this past wee kend saw the opening of a much- needed luxury hotel
property in the form of St. Regis St. George’s. That
property will have a casino as a critical amenity in
support of the visitor experience for its guests. I am
pleased to advise this Senate that extensiv e due dil igence and suitability assessment required for the
consideration of the casino licence for St. Regis is well underway and is 60 per cent completed. Five gaming
vendors have been approved. The gaming equipment, technical specifications and standards of performance
have been finalised, and six standards approved, all
of which can be viewed on the Commission’s website.
Senators will also recall that the principal Act
makes provision for a Problem Gaming Council. I can
also advise that a negotiated memorandum of understanding has been executed with a renowned intern aBermuda Senate tional sister council to promote an exchange of information and the development of best practice.
Madam President, as I commend this Bill for
the consideration of the Senate, I wish to thank the
members of the Commission and the team working there. I must also take note of the incredible cooper ation of Hotelco and the St. Regis team, who have attended to the detailed process of applying for a casino
licence patiently, determined to secure t he grant of the
licence to operate Bermuda’s first hotel casino.
Thank you, Madam President.

The President: Thank you, Senator Darrell.
Would any other Senator care to speak on
this Bill?
Senator Tucker, were you indicating you want
to speak?

[Crosstalk]
The President: Senator Jones, I just see your hand.
You have the floor.
Sen. Marcus Jones: Good morning.
The President: Good morning to you.
Sen. Marcus Jones: Good morning fellow Senators,
and good morning to the listening audience.
I recognise, Madam President, that the more I
spend time with my colleagues, it is hard to tell the
difference between myself and Senator Tucker.

[Laughter]

Sen. Marcus Jones: But be it as it may, Madam
President —

The President: I did not see your hand.

Sen. Marcus Jones: —I will proceed.
Let me first say thank you very much to the
Junior Minister for bringing forth this particular piece of
legislation to the Senate, a very important, very critical
piece of legislation. And it becomes another arm of
the hospitality and tourism business as a means of
attracting people to the country, providing another
form of entertainment. We do encourage the Gover nment to continue moving expeditiously to make sure
that all of those who have applied and are looking to
apply can find themselves in a position where they
can fully operate their casinos.
Now, Madam President, if we go back in time
and follow the history of the genesis of legislation that was put before Parliament, we find it was back in
2014 that this particu lar Casino Gaming Act, which is
now going to be repealed and replaced and amended
so that it suits the framework, the legal framework that
is more updated and more [INAUDIBLE] , we realise that it has now been seven years since this journey to
get the gaming licensing and regulations all up to par.
And as much as I was excited, certainly, to
see the hotel open this past weekend–– actually I was
expecting a direct and personal invite from the Premier himself, but I never got it ––but that is okay, Madam
Presid ent. I did watch it and see, and I was excited.
Because it is a great thing that St. George’s —

Sen. Owen Darrell: Point of order, Madam President.

The President: Senator Jones, there is a point of order.
What is your point of order, Senator Darrell?

Sen. Owen Darrell: Sorry, a point of clarification. Sorry.

POINT OF CLARIFICATION

Sen. Owen Darrell: I just want to tell the Senator that
there was an invitation sent to the Opposition’s office.
And unfortunately, the Opposition Leader did not attend. So you can take that up with him. Thank you,

Thank you, Senator Darrell.
Carry on, Senator Jones.

Sen. Marcus Jones: Okay. Okay. That is sad.
But be that as it may, Madam President, this
particular legislation that we have before us has been
seven years in the making. I often say that Gover nment needs to move at the speed of business . We
know that we want to invite as many developers as
possible who can come and be able to enjoy all of the
amenities either natural or manmade that can help to
booster our industry called tourism. And so as much
as I was excited about this hotel opening, I was sa ddened that the developers, the owners were not able
to operate their casino in its full measure on the day
that it opened. So I believe that we should make this a
lesson that we as a country need to be up to speed on
all legislation that is requi red for businesses such as
hotels to be able to function at full bore.
We also know that since 2014 there have
been upwards of $4.5 million that has been spent on
this Commission, lots of turnover of staff from the top
down. And so again I think we reall y need to be very
conscious and sensitive to putting all of our ducks in a row, being quick to get everything up and running b efore we embark on such things like this. I am glad for
this amendment. We definitely do support it. We know
that there are still some questions that are being
asked in the community. One of the biggest questions
is, What are going to be the perimeters of local parti cipation within these casinos and in these gaming
houses, as it were? So I think there needs to be [messaging] in tandem with this legislation being brought
490 26 May 2021 Official Han sard Report

Bermuda Senate forward, in tandem with applications being accepted
and giving these hotels the right to have casinos,
there should be a public messaging, a public prom otion of it so that all locals as well as those who are in the bus iness will have a full understanding of what this
legislation will allow, what can be done and what cannot be done.
But in general, Madam President, we are in
support of this legislation. We want to see it go through. And we would be very happy once it is up
and running. And St. Regis, more specifically, will get
past the 60 per cent grading of it being a complete
process to it being 100 per cent and [it] being fully operational.
Thank you, Madam President.

The President: Thank you, Senator Jones.
Would any other Senator care to speak on
this Bill?
Hearing none, then it is over to you, Senator
Darrell, Junior Minister for the Cabinet Office.

Sen. Owen Darrell: Thank you, Madam President,
and thank you, Senator Jones, for the comments.
Also, just as a point of clarity. I think the Senator may have referenced this Casino Gaming Act as
being repealed. It is actually being amended. So I just wanted to make that slight clarification.

SUSPENSION OF STANDING ORDER 26

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

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

[Motion carried: Standing Order 26 suspended.]

Sen. Owen Darrell: Madam President, I move that
the Bill entitled—
The President: You do your second reading. Senator
Darrell, you need to do the second reading.
Sen. Owen Darrell: Okay.
Madam President, I move that the Bill entitled
Gaming (Transfer of Functions) Act 2021 be now read
a second time.

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

BILL

THIRD READING
GAMING (TRANSFER OF FUNCTIONS) ACT 2021
Sen. Owen Darrell: Madam President, I move that
the Bill entitled Gaming (Transfer of Functions) Act
2021 be now read a third time.

The President: Is there any objection to the third
reading?
No objection.
Sen. Owen Darrell: Madam President, I now move
that the Bill do pass.

The President: It has been moved that the Bill ent itled the Gaming (Transfer of Functions) Act 2021 do
now pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: The Gaming (Transfer of Functions)
Act 2021 was read a third time and passed.]

The President: Thank you, Senator Darrell.
We will now move on to the second reading of
the Betting Act 2021. And that is in your name as well, as the Junior Minister for the Cabinet Office. You have
the floor.

BILL

SECOND READING

BETTING ACT 2021

Sen. Owen Darrell: Thank you, Madam President.
Madam President, I move that the Bill entitled
Betting Act 2021 be now read a second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Darrell.
Sen. Owen Darrell: Thank you, Madam President.
Madam President, it often seems that jurisdi ctions like Bermuda are in constant state of meeting
international obligations to safeguard our core industries. This is necessary work that is part and parcel of
being a leading financial centre. The Bill before the
Senate, the Betting Act 2021
, provides for a complet ely separate regulatory regime for the betting sector.
Madam President, the original Betting Act
dates from 1975 and must be amended to meet the
changes in national and global circumstances. This Bill will repeal and replace the 1975 Act, thereby ensuring that the regulation of this industry is matching
with international best practice, embracing standards
of due diligence a nd anti -money laundering.
Madam President, these modernisation efforts
are beneficial for Bermuda, demonstrating to an i nBermuda Senate creasingly aggressive international audience our
commitment to a first -rate regulatory framework at all
levels.
Madam President, the proposed statutory
provisions cover certain key areas. Number one, there
are provisions required for the Commission to perform
its core function and duty to regulate and supervise
compliance, including enforcement. Second, prov isions to discharge the statutory goals that games
should be fair and honest, conducted with a high level
of integrity, including through the approval of betting equipment and betting rules. Third, provisions to mit igate identified money -laundering and terrorist fi nancing risks associated with the sector . These include:
tracking transactions, keeping a registry of patrons, and keeping statements of accounts.
Fourth, provisions to promote responsible
gaming, including the exclusion of minors from the
premises, requiring proof of age, and a prohibition on
the service and consumption of alcohol on betting
premises.
And fifth, provisions which are features of a
fair and modern regime, including dispute resolution and a right of appeal against certain decisions of the
regulator.
Madam President, as I indicated on tabling
the Bill, it has been developed after wide- ranging consultation with local stakeholders, including all relevant
agencies of the AML/ATF [anti -money laundering/anti -
terrorist financing] framework and the current bettin g
operators.
Madam President, the process of change to a
sector in this regard must be appropriately managed,
and I can advise this Senate that those licences i ssued by the Betting Authority for the period of April 1
st,
2021, through the 31st of March 2022 will remain in
force following the Legislature’s enactment of these reforms.
Additionally, Madam President, a phased approach has been adapted to the implementation of the various measures. While some will come into force
immediately, other s will not take effect for six months
to allow operators time to adjust.
Madam President, this Bill will be supported
by regulations, which are subject to the affirmative
resolution procedure and will, therefore, be made following the passage of the Bill in the Legislature. I am
pleased to advise this Senate and the public that there
will be no increase of fees for the renewal of licences,
while new entrants to the market will be required to pay a fee of $2,500.
Madam President, growth and development is
inevitably accompanied by change. The change that is
proposed by this Bill will accrue to the benefit of the
sector and Bermuda. I am, therefore, pleased to
commend this Bill for the consideration of the Senate.
Thank you, Madam President.

The President : Thank you, Senator Darrell. Would any other Senator care to speak on
this Bill?
Senator Jones, I see you. You have the floor.

Sen. Marcus Jones: Thank you, Madam President.
Again, I would like to thank the Junior Minister
for bringing forth this piec e of legislation, the Betting
Act 2021. We would like to say on this side of the aisle
we definitely do support this . We understand that the
purpose of this legislation is to repeal. This was the
one, Junior Minister, that was supposed to be repealed and r eplaced, with the steps toward [INAUD IBLE] to be regulated by the Bermuda Gaming Commission. We recognise that with the ever changing and ever upgrading of international standards that
Bermuda must keep in step with these changeable
standards.
We all prai se and give congratulatory words
and encouragement to the financial regulating arm in
this country that worked together to ensure that Bermuda will be able to get a very good mutual —

[Crosstalk]

Sen. Marcus Jones: —rather than leave out any persons, I w ill not state any names, but we know that with
this high standard that was achieved, the challenge is
to maintain that standard. So I am very pleased to see
the changes that are being made by this piece of legislation to ensure that we have the necessary f ramework that will keep us safeguarded from any practices
that will put us out of our high—

[Crosstalk]
Sen. Marcus Jones: —[INAUDIBLE] standing [I NAUDIBLE] Opposition .
So with that said, Madam President, we support this legislation and we thank the Junior Minister
for bringing it forward to us today. Thank you.

The President: Thank you, Senator Jones.
Would any other Senator . . .
Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.
I have got some concerns about th is Bill which
I would like to express. First, for starters, I am fully
supportive of the gaming business in Bermuda, which I view to be largely supportive of our tourism product.
And I had the pleasure of attending the session Sa turday morning at the St. R egis along with Senator
Darrell and was delighted for Bermuda to witness and
observe such a terrific new product for Bermuda’s
tourism. I am so pleased for the Town of St. George’s that will benefit, I think, from increased activity over
the coming years.
But when I read the Betting Act, I view betting
differently from gaming. Gaming to me is enticing for492 26 May 2021 Official Han sard Report

Bermuda Senate eign tourists to come to Bermuda to support Bermuda
businesses. When I look at betting, I view this as being locals involved in an operation at a time when
Bermuda is struggling financially. You know, just to (I
would say) further entice and encourage people to bet just does not seem like the appropriate way that Bermuda wants to go forward at this point in time.
I am not a bettor myself. I lost $10 in Cro wn
and Anchor about 30 years ago, and I have not bet since. But I have many of my friends who bet. And
they all bet online. And anything that can be env isioned for local -operations betting can be done online
overseas at the moment. So to put a lot of what I believe to be infrastructure and bureaucracy and en-courage locals to bet —just what little I know about
betting is that the house wins more often than it loses.
And therefore, the customer, the Bermudian, loses
more often than they win.
So from that pers pective, I just am not supportive of this Bill. I would say just on the practical side—I do declare my interest as the Director of
HSBC —they refer to banking. And I am not sure
where the local banks are on banking [with] betting operations. I know through the public forum we have
heard comments about the concerns being expressed
about gaming.
And I guess my final comment is, from reading through the legislation, again another practical matter, there is reference to members of the Institute
of Chartered Acc ountants needing to prepare the accounts for all of these betting operations and within
three months after the end of each year end, business
year end. So that is going to be very problematic. I
contacted the industry in Bermuda last week, and the
CPA of Bermuda were not even aware of this legisl ation’s coming forward. I spoke to a couple of the large
accounting firms, and they were not aware of it.
So I think I have issues both on a sort of, I
would say, moral basis and also on a practical basis
as relates to this draft legislation. Those are my comments, Madam President.

The President: Thank you, Senator Wight.
Would any other Senator care to speak on
this Bill?

Thank you, Madam
President.
I am really, really pleased that we are actually
here today regarding the passage of this particular
Bill. I have watched this Bill from its infancy up until its current format. So I can tell the public, as well as i nformed Senators, that this particular Bill has gone through its due diligence. A lot of work went into the creation and the drafting of this particular framework,
which I personally believe does a very, very good job
of being responsible, updating our legislation to the
21
st century. I believe it also creates some safeguards
for the industry, as well as patrons.
So there has been lengthy consultation. I did
have a conversation earlier this morning. I was i nformed that there is going to be a period of approx imately a year where the Gaming Commission will be working with the industry to help the industry get up to
speed, providing compliance. So I am really, really encouraged about the information that is being put
forth in this particular Bill.
It also offers protection regarding operators
having a responsible gaming plan. There is, of course, going to be a self-exclusion plan. They have also gi ven attention to treatment and research to ensure that
individuals who do have problems with betting and
gaming do have access to services.
So I am confident this morning, Madam Pres ident, that we are in good hands regarding the Gaming
Commission. I believe we are safer with this legisl ation than without it. Those are my comments , Madam
President.

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

Sen. Owen Darrell: Thank you, Madam President. I
just want to thank Senator Jones for his comments, as
well as Senator Wight.
I just want to respond to just one point that
Senator Wight did raise. The intent of this Bill is act ually not to entice people. It is more to protect the operators, the patrons who actually do choose to bet,
and also to protect Bermuda’s economy. So it is more
to protect than to entice. Also, operators can choose
their accountants, but the standard of accountant
must be set. So I just wanted to respond to those
comments by Senator Wight; however, they have
been noted.

The President: Thank you, Senator Darrell.
Senator Darrell, can you do the second reading before you do [Standing Order] 26?
Sen. Owen Darrell: Yes.
Madam President, I move that the Bill entitled
Betting Act 2021 be now read a second time.

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

SUSPENSION OF STANDING ORDER 26



Bermuda Senate Sen. Owen Darrell: Madam President, I move that
[Standing Order] 26 be suspended in respect of this
Bill.

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

[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

BETTING ACT 2021

Sen. Owen Darrell: Madam President, I move that
the Bill entitled Betting Act 2021 be now read a third time.

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

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

The President: It has been moved that the Bill ent itled the Betting Act 2021 do now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The Betting Act 2021 was read a third
time and passed.]

The President: Thank you, Senator Darrell and all
Senators who participated.
Item number 3, consideration of the draft
Regulations Entitled the Betting Fees Regulations
2021. And that is also in the name of Senator O. K.
Darrell, the Junior Minister of the Cabinet Office.
You have the floor.

Sen. Owen Darrell: Good morning again, Madam
President.
I move that the Senate do now take under
consideration the Draft Regulations entitled the Betting Fees Regulations 2021 .
The President: Is there any objection to that motion?
No objection.

DRAFT REGULATIONS

BETTING FEES REGULATIONS 2021

Sen. Owen Darrell: Madam President , section 96 of
the Betting Act 2021 now passed by the Senate con-fers the power to make regulations on the Minister
responsible for gaming. The Betting Fees Regulations
2021 are proposed to be made pursuant to that section and are now before the Senate . These regul ations provide the framework for the recovery of costs
of the Commission in performing any service or conducting any investigation in support of the grant or
renewal of any licence pr oposed to be granted or r enewed under the principal Act.
Senators will note that the regulations permit
the Commission to recover costs incurred via third
party or travel costs as required in the conduct of any
investigation. The regime prescribed by the regul ations is a transparent one, which requires the Commission to set out the costs incurred and to recover or
refund such amounts not covered by any deposit paid
by the applicant.
Madam President , there are standard clauses
to protect the Commission and the applicant in the
collection of fees, giving the Commission the ability to
take into consideration the subjective aspects of any incident of non- payment.
Madam President , as I indicated to the Senate
during the debate on the principal Act, the licence renewal fee for those current licence holders is u nchanged. The fees set out include a $2,500 new e ntrant sum that is bundled into the fee structure. This is seen in the Schedule of Fees at items 1 and 9. Re cognising the administrative requirements , the F ee
Schedule also adds a late application fee, a new
event permit fee, as well as a new boundary change
application fee that would involve a physical inspec-tion of premises for compliance.
Madam President , this fee structure matches
the modernised Act in t he suite of services now to be
provided by the Commission in support of the betting
industry . I commend them for the approval of this
Honourable Senate.

The President: Thank you, Senator Darrell.
Would any other Senator care to speak on
these Regulations?
Senator Jones, you have the floor.

Sen. Marcus Jones: Thank you, Madam President.
Again, we do not have too much to add to
this, but just to confirm and reiterate what the Junior Minister has presented to us this morning. We are in
full sup port of these improvements to the regime, to
the pricing and the fee structures that have been put forth.
Thank you, Madam President.

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

494 26 May 2021 Official Han sard Report

Bermuda Senate Sen. Owen Darrell: Thank you, Madam President.
I move that the said draft Regulations be approved and that the following message be sent to Her
Excellency the Governor:
May it please Your Excellency:
The Senate, having h ad under consideration
draft Regulations entitled the Betting Fees Regul ations 2021 proposed to be made by the Minister r esponsible for gaming under the provisions of section 96 of the Betting Act 2021, has the honour to inform
Your Excellency that the Sen ate has approved said
draft Regulations.

The President: Is there any objection, Senators, to
the message being sent?
Hearing none, a suitable message will be
sent.

[Motion carried: Draft Regulations entitled Betting
Fees Regulations 2021 were considered by the Se nate and approved.]

The President: Thank you, Senator Darrell.
We now move on to the last item, item number 4, which is the second reading of the Private Bills,
and that is in the name of Senator Simmons, Vice
President.
Senator Simmons, you have the floor.

PRIVATE BILLS

SECOND READINGS

WALSINGHAM TRUST AMENDMENT ACT 2021

WILLOWBANK FOUNDATION
(AMENDMENT) ACT 2021

Sen. Michelle Simmons: Thank you, Madam Pres ident. Thank you.
Madam President, I move that the Bills ent itled the Walsingham Trust Amendment Act 2021 and
Willowbank Foundation (Amendment) Act 2021 be
now read a second time.

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

SUSPENSION OF STANDING ORDER 26
Sen. Michelle Simmons: Madam President, I move
that [Standing Order] 26 be suspended in respect of
these Bills.
The President: Is there any objection to that motion?
No objection.

[Motion carried: Standing Order 26 suspended.]
BILL

THIRD READINGS

WALSINGHAM TRUST AMENDMENT ACT 2021

WILLOWBANK FOUNDAT ION
(AMENDMENT) ACT 2021
Sen. Michelle Simmons: Thank you, Madam Pres ident.
Madam President, I move that the Bills ent itled the Walsingham Trust Amendment Act 2021 and
Willowbank Foundation (Amendment) Act 2021 be
now read a third a time.

The President: Is there any objection to the third
reading?
No objection.
Carry on, Senator Michelle Simmons.
Sen. Michelle Simmons: Madam President, I move
that the said Bills do now pass.
The President: Is there any objection to that motion?
No objection.
The Bi lls are passed.

[Motion carried: The Walsingham Trust Amendment
Act 2021 and Willowbank Foundation (Amendment)
Act 2021 were read a third time and passed.]

The President: Thank you very much, Senator
Michelle Simmons.

Sen. Michelle Simmons: Thank you, M adam Pres ident.

The President: We now move on.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak?
Sen. Owen Darrell: Yes. I would like to speak,
please, Madam President.
[Pause]
Sen. Owen Darrell: Madam President?

The President: I am trying to see who is speaking.
Senator Richardson?


Bermuda Senate Sen. Owen Darrell: Senator Darrell.

The President: Senator Darrell. I am so sorry. You
are all sitting as a group, and I am not seeing yo u.
Senator Darrell, in any case you have the floor.
Sen. Owen Darrell: Thank you, Madam President.
I would like to first of all offer condolences to
the family of the late Ms. Iris Geanette “Pat” Pearl
Talbot. She was actually the grandmother of the Mi nister of Education. Also, I would like to offer my condolences to all of her children, Ms. Marva Rabain, Ms. Debra Talbot, [ Uyone ] (Tyler) Talbot and Dr. Lana
Talbot. I knew Ms. Talbot from the times when I was
actually the branch chair down in Hamilton South. She
used to come to the branch meetings with her two
daughters. Also I knew her from being around the
Devil’s Hole area. I am sure she was a Cleveland
County fan. And I just want to [offer] condolences
again for her family. She was 93 years of age. And I
want to just wish them well during this tough time.
Thank you, Madam President.

The President: Thank you, Senator Darrell.
Would any other Senator care to speak?
Senator Michelle Simmons, you have the
floor.
Sen. Michelle Simmons: Thank you, Madam P resident.
I find it amazing that the Ag Show 2021 was
able to attract more than 1,500 entries in this socially
distanced version of the annual show. I would ther efore like to congratulate the exhibition director, Antwan
Albuoy, and his committee, who were determined that
the show would go on in spite of the COVID -19 restrictions. I think that organisers are going forward
with special broadcasts of the show, which will air on
a number of outlets including Bernews , Channel 82
and their Facebook page, I belie ve as well as CITV.
So I am just urging the general public to look out for
those broadcasts. I am sure there will be more information forthcoming.
Also, Madam President, I would like to
acknowledge the success of two young Bermudians who were promoted dur ing the period when the Se nate was on its Easter break. They were the two new
management appointments made at BELCO. Ms.
Shelly Leman was appointed Managing Director of
Transmission, Distribution and Retail; and Mr. Nadir
Wade was appointed Managing Direct or of Bulk Generation. These positions place Ms. Leman and Mr.
Wade in the upper echelons of BELCO, just one level
below the president. And I would also like to say how
delighted I am that these two young people, who have
worked very hard over the years, have reached this level. Both of them are former students of mine, Shelly
from BHS [Bermuda High School] and Nadir from the Berkeley Institute. So I know how talented and capable they are. So, well done!
Also, Madam President, there is a young man
who was highlighted recently because of his success.
He is only 21 years old, and his name is Nathan Morgan. What a story he has to tell, a story of perseverance and determination that, after participating in the
Beyond Rugby programme, in spite of his own personal challenges, he has now graduated with a Bac helor of Arts Degree in Sports Recreation Management with a minor in Coaching. He is well on his way to be-coming a sporting coach himself. I want to congrat ulate Nathan on his success and encourage him to
persev ere. That seems to be part of his DNA now.
In addition, I would like to congratulate and
thank the people who organised Beyond Rugby. I
know that Inspector Scott Devine of the Bermuda P olice Service and Mr. Patrick Calow of the Bermuda
Rugby Football Union were mentoring Nathan. So
congratulations all around.
And I am not sure if I have more time, but
there are two obituaries I would like to quickly mention. The first is Mr. Walter Seymour, who is described
by many who knew him as a visionary leader, a real
gentleman, a colourful personality and, of course, a
businessman who always had the best interests of
Bermuda at heart. He was one of the founders of Bermuda Provident Bank in 1969, and that morphed eventually into Bermuda Commercial Bank in 1984. I
extend condolences to his family, especially his wife,
his daughter and all of his grandchildren.
And then finally, Madam President, our former
Auditor General of Bermuda, Mr. Larry Dennis. He set a standard, he set a record after serving for 31 years.
He wa s the longest -serving Auditor General in the
British Commonwealth. What an achievement! I extend condolences to his wife, Nancy, and his daughter, Shallan, and all of their family.
I do have more, but I will stop there and give
someone else the opportunit y to congratulate or to
offer condolences. Thank you, Madam President.

The President: Thank you, Senator Michelle Si mmons.
Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.
I guess for starters the two recent promotions
at BELCO, if they were former students of Senator
Simmons, we should not be surprised that they were
promoted.

[Laughter]
Sen. John Wight: So that was my first comment.
And I just want to add my name to the comments regarding Larry Dennis. The role of Auditor
General we know has often been an unpopular one.
But it is such a critical role for Bermuda or any coun496 26 May 2021 Official Han sard Report

Bermuda Senate try. So I think he did a very noble job. He was extremely committed over the entire period of his work.
So I just want to add my name to those condolences
to the family of Larry Dennis. Thank you, Madam President.

The President: Thank you, Senator Wight.
Would any other Senator care to speak at this
time?
Senator Robin Tucker, you have the floor.
Sen. Robin Tucker: Thank you, Madam President.
I just want to say congratulations to Danielle
Frith, who has become the new Executive Director at
Focus Counselling. I just want to say a big congratul ations to her.
Also, congratulations to all of the Bermuda
College students. I just want t o add I have a special
place in my heart for Bermuda College. I graduated
from Bermuda College on two separate occasions.
So, you know, I know what it takes to graduate from Bermuda College. And certainly all of those recent
graduates will have put in a lot of blood, sweat and
tears to get there. So very well done to them.
Also, I would love to say congratulations to
the son of a friend of mine, Darren and Oneeka Williams. Their son Darian just graduated from Warwick
Academy. And he has done very, very wel l. So co ngratulations to him.
Finally, I want to say a special congratulations
to a lady whom I do not know, but I certainly do recognise and can relate to her story. I read her story in
the Royal Gazette. Her name is Lindell Foster. She
was working towar d a university degree when her
husband was made redundant. She earned her ass ociate [degree] in 2011 and started working towards her bachelor’s [degree] 10 years ago. She had a s eries of stops and starts over the years, but stayed the
course and earned a B achelor’s in Marketing and
Management from Mount Saint Vincent University in partnership with the Bermuda College.
And I want to say a special congratulations to
Ms. Foster because I returned to school as a mature
student on three occasions, twice at Berm uda College
[and] once at a university in Canada. And there is a special struggle that mature students have that tradi-tional students do not necessarily experience. So I
certainly understand it and appreciate it and celebrate
it. She graduated. And while I do not know her personally, I just want to express how very proud of her that I am, from one mature student to another who
has gone through the struggle. And as a wife, as a mother and also a dedicated student, she has completed the path of her educationa l journey. She did not
make excuses. She pressed through the difficulties,
and she just did it. And I want to say, again, congrat ulations to Ms. Foster on a job well done! Thank you,

Thank you, Senator Robin Tucker.
Would any other Senator care to speak on the
congratulations or obituary comments?
Hearing none, I would just like to associate
myself with the condolences to the family of Mr. Larry
Dennis.
And I also associate myself with the comments for the graduates of the Bermuda College, and in fact all high schools on the Island. I think that the
fact that they have been able to work and study
throughout this COVID -19 period really speaks to their
abilities, as well as those of their teachers and their
parents, who supported them throughout this process.
So congratulations to all involved.
Before we move on to the adjournment, I
would just like to indicate that Senator Curtis Richar dson has answers to the questions that were raised by
Senator Robin Tucker on the Statement in reference
to the Hurricane Preparedness.
So, Senator Richardson, you have the floor.

QUESTION PERIOD
[Recommitted]

QUESTION 1: HURRICANE PREPAREDNESS

[Continuation of answer to question asked by Sen.
Robin Tucker ]

Sen. Curtis Richardson: Thank you, Madam Pres ident. And thank you again for Senator Tucker’s questions. I too believe that they were important.
I remind the public that the first question I am
going to answer was, How will the hearing impaired receive access to the emergency hurricane alerts and
weather forecasts?
I mentioned in my Statement that now is the
time to visit your vulnerable neighbours and ask them if they need any help with their preparations, of course keeping COVID -19 safety precautions in mind. The
answer to that quest ion goes hand in hand, as we
should look out for our hearing impaired community, as well as seniors and vulnerable persons. The hear-ing impaired can use the Tree Frog app or any social
media news updates as long as electricity is available.
So it is very important that we look out for each other.
Question two, the Tree Frog app, for those
who do not have access or means to the app, that is where they can use the emergency broadcast chan-nel, which is 101.1 FM, for the alerts.
And the third question, What t ime period is
specifically for the emergency broadcast facility alerts,
as mentioned in my Statement? That is 1:00 pm for 30
minutes.
Thank you, Madam President, and thank you,
Senator Tucker.
The President: Thank you, Senator Curtis Richar dson.


Bermuda Senate We now move on.

ADJOURNMENT

The President: I hand over to Minister Peets.
Honourable Minister Peets, you have the
floor.

Yes. Thank you,
Madam President. Thank you to all Senators for all of
your hard work and diligence.
I mak e a motion that Senate do adjourn until
June 9th, 2021.

The President: Thank you, Minister Peets.
Would any Senator care to speak on the m otion to adjourn?
Senator Robin Tucker, you have the floor.

DOMESTIC ABUSE

Sen. Robin Tucker: Thank you, Madam President.
I recently learned of a story of another young
mother who seems trapped in a domestic violence relationship. For those who to not fully understand what domestic abuse is, the United Nations defines it
as “a pattern of behaviour in any relations hip that is
used to gain or maintain [power and] control over an
intimate partner.” Abuse can be physical, sexual,
emotional, economic or psychological in action, or
threats or actions that influence another person. This
includes behaviours that frighten, intimidate, terrorise,
manipulate, hurt, humiliate, blame, injure or wound someone. Domestic abuse can happen to anyone. It does not discriminate on the basis of gender, race or
socio -economic standing. Domestic abuse by its very
nature is understandably a very hard topic to discuss
within this close community. But we must, because it
is happening every day.
For most it is happening in secret. And as a
result, people like the young mother I learned about is
currently living in fear of her abuser taking her life if
she reports him. Persons in this situation are not unlike so many others who turn to normal sources for support and advice. But often such sources, like our
community agencies and traditional systems, have
their hands tied due to limited legal and legislative
powers.
Currently, if an adult victim of domestic abuse
attends King Edward [hospital] with injuries following a beating, there is no obligation for the medical staff to
question or report suspected abuse. The only obligation to report arises is if the victim is a minor or a se nior. Once this happens to that adult, who may be looking for some kind of support or a hand, a victim can
obtain a protection order. But even if they do, if the abuser breaches the order and gets arrested, often
they ar e veiled by the police or the court. Bermuda is in crisis with COVID -19, the
economy and domestic abuse. And we must find ways to support and assist victims. Bermuda needs a social
agenda and a domestic violence court so that cases can be dealt with by those who are trained to recognise and deal with the complexity of issues of domestic abuse and can adequately assess the risk to vi ctims and determine a plan for their protection.
As a community that truly cares about protec ting our people, we must review and adjust our laws to
allow investigation to take place when the warning signs are present, not after the victim has suffered
serious injuries. We must require that our health care,
police, education professionals and others undergo
training so that they can properly identify and invest igate domestic abuse appropriately. Also, victims and their dependents must have a safe way to report abuse, [and have access to] an emergency shelter
and adequate protection.
I realise that there is housing, safe housing or
a safe house available. But the prevalence of domestic abuse in this Island requires that we do better than what we currently are doing and what we currently
have. The victim I learned about feels hopeless. She
has done all of the right things that she n eeds to get
help, but the help available has limits. She is not the
only one, as there have been many others in similar
situations, and it continues to be. Our systems fail others, and we can ill afford for it to fail someone else.
Currently, surprisingly , shockingly, there are
no laws in place making domestic violence a criminal offence. This is tragic! Every person who has within
their power to make change and turns a blind eye
bears responsibility for the outcomes.
Thank you, Madam President, for giving me
these few moments to speak on this topic. Thank you.

The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak on the
motion to adjourn?
Seeing and hearing none, then Senators, the
Senate will stand—
An Hon. Senator: There are two— Senator Michelle
Simmons —
[Inaudible interjections ]
The President: I beg your pardon.
Senator Simmons. You did put your hand up.

BERMUDA DAY

Sen. Michelle Simmons: Madam President, that is
quite all right.
I just want to take advantage of this opportunity to wish all of Bermuda a Happy Bermuda Day on
Friday!

498 26 May 2021 Official Han sard Report

Bermuda Senate The President: Yes.

Sen. Michelle Simmons: It is different. But we should
all be very thankful that we have come this far through
a pandemic over the past 14 –15 months. And as
Bermudians, we have so much to be grateful for.
So, I hope that we all take advantage of the
time we have. I know we cannot get together as we normally do. But we are able to do things within our
respective family bubbles. And m ost importantly, just
remember why we are celebrating.
Thank you very much, Madam President. And
I hope that all of my Senate colleagues will enjoy the
Bermuda Day holiday.
The President: Thank you, Senator Michelle Si mmons.
Senator Jones, you have the floor.

ST. REGIS HOTEL OPENING

Sen. Marcus Jones: Thank you, Madam President.
Before I present my motion to adjourn, I just
wanted to bring some clarity to a point of clarification
that Senator Owen [Darrell] raised in regard to the
Opposition Leader of the OBA, the Honourable Cole
Simons having been sent an invitation to the St. Regis
opening. I am happy to report that, although the O pposition Leader was not there, MP Michael Dunkley, former Premier of the country when he was Leader of
the OBA, was in a ttendance at that event. I do not
know the details of why the current Leader was not
there. But the OBA was there with bells and whistles on, supporting this great endeavour. Thank you. Now
on to —

The President: Carry on. Sorry.

GOVERNMENT’S FAILURE TO R ESPOND
TO OPPOSITION’S QUESTIONS POSED
DURING QUESTION PERIOD AND
THE BUDGET DEBATE

Sen. Marcus Jones: Yes. Thank you, Madam Pres ident.
I wanted to raise a point that I think is very
important in our proceedings here in the Senate
Chamber. I think one of the important opportunities for
the Opposition Senators to contribute to discussions, to debate within the Senate, is during the questionand-answer period. Now, today was a good example
of a Statement that was made by Minister Peets in
regard to the sports, and then the speech made in
regard to Hurricane Preparedness. It was a great o pportunity for us on this side of the aisle to ask questions, to get further clarity on the subject matter. And also, it serves another purpose in that it allows the
public to get to know some more information on what
is going on when it comes to Ministerial Statements. Now we know as Junior Ministers who have
been in this seat for all of six months, we cannot expect them to know all of the answers. It would just be
unreasonable. And I remember when we first e mbarked on this new team of Senators, we would ask
questions, and we were told that the answers would
come later at another session. That was understandable; I agreed with it. Then I asked myself a question,
Madam President, am I asking questions that are diff icult or that are outside of the purview of the brief that was given?
And I said to myself, You know what? Let me
back up. I am going to sort of dumb down some of my
questions so that they do not appear to be a gotc ha
question, for example. So I would ask questions that
were actually answered or actually within the brief i tself, and to then be told, We will give you the answer
at another session.
[This] suggested to me that (a) maybe the
substantive Junior Minister may not have had the
chance to read the whole brief, or [(b)] there may have
been certain issues within that brief that needed further clarification from the technical staff whom they
had access to.
But part of democracy and the process that is
set up wit hin the Senate is that we get the chance to
ask critical questions, to press probing questions that
can then generate discussion.
Now let us fast -forward to the session that we
had for the budget period. Madam President, you will
remember that last year I was the humble Leader of
the Opposition in the Senate. I made a proposal to the
former Government Senate Leader if we could ask
questions prior to the Budget Debate. I was summarily
rebuffed. And I understand how this goes. And that
was not acceptable to the former Government Senate
Leader, understood.
This time around, I had a sense that the priv ilege to ask questions prior to the budget session was at first acceptable. And I thought it was a great opportunity for the Government Senators to have the questions in hand before the Budget Debate. If I was in
their position, I would love to have that privilege because then I could have the answers already ready
prior to even coming to discuss and debate that par-ticular Ministry. But we find that close to the date of
starting the Budget Debate, that the opportunity to ask
questions prior to coming was not given to us. We
understand how this works.
Through the course of this Budget Debate, we
were told that once the briefs were read, if there was not sufficient time to ask the questions, we were told
quite clearly and directly to provide questions in wri ting by email to the Ministers, and that they would get back to us in a timely fashion to be able to provide not
only us as Senators with a written answer, but we
were looking forward to the answers also being given publicly so the public could hear the [answers to the]
questions that we asked because this adds inforBermuda Senate mation, it adds knowledge to all of us who are concerned.
Now, I am saying this because I believe t he
public should be aware that these briefs that are read
by the Government Senators, most of these briefs have already been read in the House. These briefs
are already public knowledge. So when the Gover nment Senators are coming into this Chamber reading
a brief on their respective Ministry, it is not a new text.
It is not a new script. It is already in the public domain.
In fact, there are some within the digital and print m edia who have already commented on a brief that was
already spoken and read in the House that is now being repeated in the Senate Chamber.
So, Madam President, I am not devaluing
reading the brief again for the second time. But what I am saying is that we need to highlight the questions
that we are asking because it broadens the conver sation, it enriches the debate and the discussion, and I
believe it provides a service to the public. I think the
public deserves Senators on both sides of the aisle who step up our game.
Now, Madam President, on numerous occ asions, and I could go right t o March 25
th on the Cab inet Office. May I quote from the Chairman at the time during Committee, who was Senator Wight? He asked
Senator Darrell, Will you respond to any unanswered
questions? Senator Darrell answered in the affirm ative. It was made quite cl ear to me that these questions that were asked would be returned to us back in a timely fashion.
Same time, same date, the Junior Minister of
Social Development and Seniors, Senator Lindsay
Simmons, was asked by the Chairman at the time,
Senator Michelle Simmons, Is it okay for Senators to
submit their questions in writing? Senator Lindsay
Simmons answered,
2“I do not have a problem with
that, Madam Chairman.” Madam President, that is a
quote. So from our side of the aisle, we really were
encouraged. We were very much looking forward to getting these answers.
Madam President, the last date of our Budget
Debate was March the 31
st. It is now May the 26th, two
months later, and there is no sign of answers whether written or spoken out verbally. I believe that is unreasonable, and I believe that is unfair. We have done all that we can to meet the Government standards hal fway.
If you, Madam President, had to take an exam
and your professor said to you, Joan, we’re going to give you the answers to the questions prior to this test, you would put your hand up and say, That’s
wonderful! Because you would have the answers in
front of you. In other words, the Government Senator
lost out on the opportunity to be able to provide this
Chamber with the answers to the ques tions —answers
that their technical staff would be tasked to get, not

2 Official Hansard Report , 25 March 2021, page 335 themselves. They have the whole of the civil service
at their disposal to provide these answers.
Madam President, I think that a great opportunity was neglected and ignored when we could have
added a very strong debate and discussion to issues
of the day. After all, the Government is spending out
of the public purse. I think the public should have the
opportunity to hear the inner workings of how the decisions are made to spend this money . And that is the
spirit in which we ask them.
And let me finish off by saying this, Madam
President. I am in no way pleased that I ask questions, whether my colleagues ask questions, that have
to do with subject matter that our esteemed colleagues do not have the answers to. I do not look forward to, nor do I take pleasure in, gotcha questions. I
do not. I would look forward to my colleagues on that
side of the aisle being fully prepared with questions that they know in advance that they can bring to this
Chamber and add some value to what we deliberate in this Chamber.
So with that, Madam President, I encourage
my colleagues across the aisle, and us also in this room as the Opposition Senators, that we need to
raise our game to ensure that the public get s good
value out of debates and discussions of the subject
matters in this Chamber, that we can give them infor-mation that is well -thought -out, that is well -prepared in
advance to our coming into these fine Chambers.
So, Madam President, I look forward to the
next time when we have our Budget Debate. If I happen to be under the Opposition Leader’s pleasure to
still be a Senator, I would love to see a situation where questions to the Government Senators can be
offered prior to the Budget Debate and that the y can
come to this Chamber with the answers in hand and
be able to provide for us a quality debate that ever yone can gain value from.
Thank you, Madam President.
The President: Thank you, Senator Jones.
Would any other Senator care to speak on the
motio n to adjourn?
Senator Ben Smith, you have the floor.

BERMUDA DAY
Sen. Ben Smith: Yes, Madam President.
I would just like to take this opportunity to wish
everybody in Bermuda a Happy Bermuda Day this
weekend. Obviously, we have heard multiple times
that it is not going to be the same as normal. But we are trying to do the best that we can with what is happening in the country. But I think it is important that we
realise there are some changes that have happened
which are to try to open the country back up. But we
cannot let our guard down. It is important that we take
the opportunity to be with family and friends, but we
do it in a safe manner.
500 26 May 2021 Official Han sard Report

Bermuda Senate Please do not behave in a way that will have
us, 14 days from now, having to go backwards. It is
important as a population that we realise that this only
works if we all continue to do our best to take care of
each other. And that is when it comes to COVID -19
and also what happens on our roads. Madam Pres ident, the behaviour on our roads has been significantly bad for an extended period of time, and it is a hol iday weekend. We know that people tend to over -
indulge and do things at a level that they do not normally do. And it can lead to injuries and deaths on our roads. And we do not need to see any more of that.
We also would implore everybody to have calm heads
over the weekend. We do not need to see any i ncrease in crime.
But I would like to wish everybody a happy
Bermuda Day, a healthy Bermuda Day. And for our
population to continue to heal as we move forward
trying to get our country back on track so that we can
enjoy the Bermuda that we all have become accustomed to.
Thank you, Madam President.

BERMUDA DAY
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak?
Hearing none, seeing none, I also would like
to wish all Senators and the general public, everyone, a most enjoyable, safe Bermuda Day on Friday and
the weekend, remembering all of the regulations that
are in place to keep us safe. We have done well so
far, and we need to continue to do so. So we advise to stay in your bubbles and thoroughly enjoy Bermuda
Day. And just remember that if you remain safe, Bermuda remains safe. So have fun, enjoy yourself, but
always remember that we are still under strict regul ations. And t hey need to be lifted slowly and safely for
this Island.
So, the Senate stands adjourned until June
the 9
th. Thank you.
[At 11:45 am, the Senate stood adjourned until
10:00 am, Wednesday, 9 June 2021.]