May 12, 2021

Thank you, Madam
President.
I hereby give notice that at a later point in the
meeting under Orders of the Day I propose to move the following motion: T HAT the Senate take note of the National Cultural Heritage Policy for Bermuda 2021– 2026.
Thank you, Madam President.
The President: Thank you, Minister Peets.
There is a second n otice of motion. And that is
in the name of Senator Darrell, the Junior Minister of the Cabinet Office. And that has to do with the Betting
Fees Regulations.
Senator Darrell, you have the floor.

BETTING FEES REGULATIONS 2021 ,
MOTION TO TAKE NOTE
Sen. Owen Darrell: Thank you, Madam President.
I hereby present for the consideration of Senate the draft Regulations entitled the Betting Fees Regulations 2021, proposed to be made by the Minister responsible for gaming under the provisions of section 96
of the Betting Act 2021. And I give notice that at the
next day of meeting I will move that the said draft Regulations be approved.

The President: Thank you, Senator Darrell.

PETITIONS
The President: There are none.

STATEMENTS
The President: There is one Statement, the Foster
Care Month 2021, in the name of Senator Lindsay Simmons, Junior Minister for Social Development and Sen-iors.
Senator, you have the floor.

FOSTER CARE MONTH

Sen. Lindsay Simmons: Thank you, Madam President.
Madam President , I am pleased to advise the
Senate that the month of May is celebrated as
Foster
Care Month . Under normal circumstances, the Department of Child & Family Services would be gearing up
to hold a special recognition celebration event for Bermuda’s foster parents. However, owing to the restrictions in place to minimise the transmission of
COVID -19 we were unable to hold the Annual Appreciation Tea for Foster Parents in 2020 and now again in
2021. Despite this, we must take time out to honour Bermuda’s foster parents. They are to be commended
for the role that they are playing in providing stability to
our foster children.


Bermuda Senate Foster parents open their hearts and their
homes by taking in children who, for a variety of reasons, cannot remain with their families. The foster parents provide nurturing, guidance and love for foster
children. Foster parents, with the support of the Depart-ment of Child & Family Services, provide a safe haven
for the children.
Madam President , Bermuda has close to 70
foster families on the Island. These persons along with
their extended family members are the unsung heroes in our community. When a child enters a home as a foster child, they become [intricately ] linked to the extended family of the foster parents. The Department of
Child & Family Services, under the authority of the Children Act 1998, is responsible for all child protection
matters pertaining to young people ranging from new -
born until the age of 18. Our foster families are caring
for th ose youth in need, and some of them are caring
for more than one foster child at a time.
Madam President , we have 11 foster families
who are caring for special needs children. These are
classified as therapeutic foster children who have a
combination of intense emotional, behavioural and cognitive challenges. Within this number, some of these
special needs children also have [physiological ] challenges that need the direct att ention of medical specialists, with overseas medical interventions being neces-sary to address the unique conditions.
Our local paediatricians often consult with and
refer to Boston Children’s Hospital for this group of chil-dren. This is a growing area of concern for the depart-ment, as there is a need to recruit new foster parents
who have knowledge and experience in the area of
working with and caring for the special needs population. The department runs a campaign to recruit more
therapeutic foster parent s. To date, five persons have
agreed to be interviewed, and they will be going through the required application process.
Madam President , the recognition and highlighting of Foster Care Month is not complete without
expressing a huge thank -you to the Fost er Parents Association, Charity No. 620. The Foster Parents Association works diligently with the community to raise funds
and obtain items for foster children. The Foster Parents Association comprises active foster parents, and they
too should be commende d for their ongoing support
given to Bermuda’s foster children.
Madam President , the Ministry of Social Development & Seniors takes this time on behalf of all children in foster care to thank those individuals who have opened their homes and have given se lflessly of themselves to make a difference in the lives of the children.
I encourage more people within our community to be-come foster parents. In doing so, Madam President ,
such persons will provide caring, safe, nurturing homes for the children when their families are unable to care
for them. If a nyone is interested in being a foster parent ,
they should contact Selena Simons at 296-7575. I will
repeat that again. The number is 296 -7575. Madam President , I encourage all Members of
the Senate, along will all persons within the community,
to salute Bermuda’s foster parents during the entire
month of May, as well as the staff of the Department of
Child & Family Services for managing this important programme. Our children, vulnerable for many reasons, need us. As a community we can pledge to enrich
the lives of foster children and advocate for the needs
of foster children.
Madam President , in closing I wish to send a
message t o all foster children. For some, life in foster
care can be extremely challenging. To sometimes feel
displaced, alone, unwanted, disconnected, confused
and unloved are real feelings to be recognised and
acknowledged. Always know that you are not alone and
you are important no matter what the circumstance. If
you are given a firm place to stand, stand tall and con-centrate on moving heaven and earth.
Thank you, Madam President .
The President: Thank you, Senator Lindsay Simmons.

INTRODUCTION OF BILLS
The P resident: There are none.

FIRST READING OF PUBLIC BILLS

GAMING (TRANSFER OF FUNCTIONS) ACT 2021

BETTING ACT 2021

LIQUOR LICEN CE (FEE REDUCTION)
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, respec-tively:
• The Gaming (Transfer of Functions) Act 2021
• The Betting Act 2021
• The Liquor Licen ce (Fee Reduction) Temporary Amendment Act 2021
These Bills will be taken up in the Orders of the Day.

FIRST READING OF PRIVATE BILLS

WALSINGHAM TRUST AMENDMENT ACT 2021

WILLOWBANK FOUNDATION
(AMENDMENT) ACT 2021
The President: And we do have the two Private Bills,
the Walsingham Trust Amendment Act 2021 and the
Willowbank Foundation (Amendment) Act 2021.
Senator Michelle Simmons, you have the floor.

468 12 May 2021 Official Hansard Report

Bermuda Senate Sen. Michelle Simmons: Thank you again, Madam
President.
I move that it is the opinion of Senate that adequate public notice of the general nature and objects of
the named Private Bills has been given in accordance
with the requirements of Standing Order 45.

The President: Would any Senator care to comment?
No.
If not, thank you, Senator Michelle Simmons.

Sen. Michelle Simmons: You are welcome, Madam
President.
The President: I should have said, is there any objection to that message being sent?
No objection.

Sen. Michelle Simmons: Thank you.

The President: Thank you, Senator Michelle Simmons.

QUESTION PERIOD
The President: Does any Senator wish to raise questions on the Ministerial Statement that was given by
Senator Lindsay Simmons on the Foster Care Month?
Or would a Senator wish to make a comment?

Sen. Robin Tucker: Yes, Madam President.
The President: Senator Robin Tucker, you have the
floor.

QUESTION 1: FOSTER CARE MONTH

Sen. Robin Tucker: Thank you.
Madam President, I would like to ask Senator
Simmons just one question. But before I do that, I just
want to say thank you so much to all of the foster parents who sacrifice and give the love and support that
they do to the children whom they invite into t heir
homes. One of the things that I think you can portend
for the children to remember is that they are chosen.
And they are chosen by these families to take them into
their homes, to love them and take care of them. And
that is a big deal for a child and certainly a big deal for
a parent, a foster parent.
I am just wondering, though, particularly in this
COVID -19 environment, the Junior Minister mentioned
about the need to have therapeutic foster parents who
are trained in therapeutic fostering. So I am wondering
in the COVID -19 environment —because we have got
shelter in place and then there is the social isolation issue —if they are seeing any increases in mental
health challenges in the children? And if training specifically is given to the parents to be able to deal with
the children? Thank you, Madam President.
The President: Thank you, Senator Robin Tucker.
Senator Simmons . . . Oh, is it Senator Darrell?
I am trying to see who it is.

Sen. Lindsay Simmons: It is Senator Jones.

I beg your pardon, Senator Jones.

[Laughter]

The President: I should be able to see you here. Senator Jones, you have the floor. My apologies to you.

Sen. Marcus Jones: Good morning, Madam President. Good morning, Senate colleagues.

The President: Good morning to you.

QUESTION 1: FOSTER CARE MONTH

Sen. Marcus Jones: And good morning to the listening
audience.
First of all, I want to extend a hearty thank -you
to the Junior Minister, who actually gave this Statement
because of her hard work in years past in the foster
parenting community. Her work has been highlighted and appreciated. And I just want to first of all say thank
you to her for her personal sacrifice of time and energy
within this community.
And what I will say as a [ preface] to what I am
going to ask of her is, I was a foster parent years ago. And it was an experience for my wife and me that we
had two little ones of our own, and we took on two
more. Maybe some would say that is probably doing
too much. But it was defini tely a joy. And I would encourage those within the community who are hearing
us today that this is something that you can do to give
back to the community that will reap you benefits of
knowing that you contributed to the needs of those who
are less fortunate.
My question to the Junior Minister is in relation
to the parents of the special needs foster children. We
see that there are certain skill sets and expertise which
are required for children who fit in that category. My
question would be, we realise t hat the Government
gives a stipend to families who actually take in these
foster children. Is there an additional amount paid to
those who cater to special needs children, especially
since there is an upgrade of skill sets that is required to
properly take care of kids who fit into this category?

The President: Thank you, Senator Jones.
Would any other Senator care to speak on this
Statement?
No. Then it is over to you, Senator Simmons,
to respond to the questions.



Bermuda Senate Sen. Lindsay Simmons: Thank you, Madam President. Thank you, Senator Robin Tucker and Senator
Marcus Jones.
Senator Tucker, to your question, throughout
[the] COVID -19 [pandemic] Family Services has continued to do Zoom counselling with the children, so they
are still getting the help that they need. And obviously
if there are certain issues that arise, t hey have people
in place to address them as they come to light. Family
Services works diligently to make sure that the children
are our priority and that they are able to be facilitated
and get whatever help is needed through therapy and
medical assistance. Whatever they need, we definitely
make sure that they are [cared for] . And they continue
ongoing therapeutic sessions. And I know this for a fact because my foster child was continuing to receive therapy through the first lockdown.
And to answer your question, Senator Jones,
yes, it is a different rate for foster parents who are ther-apeutic foster parents. I do not have the amount; I am
not sure what the amount is because I am not sure if it is . . . but I can get back to you on that. But it is definitely
a different rate for therapeutic foster placements.
Thank you.
The President: Thank you, Senator Simmons.
And I think on behalf of all Senators present,
and I am sure people in the community, we extend our heartfelt thanks for you for the mammoth work that you
do. And it really is commendable. And I join with the
other Senators, and certainly Senator Jones, who has already mentioned it. And on beh alf of all Senators and
people in Bermuda, we extend our heartfelt thanks to you for the work that you do with the Foster Parents Association.
Sen. Lindsay Simmons: Thank you, Madam President.

ORDERS OF THE DAY

The President: The first one is the consid eration of the
following motion proposed to be moved by Senator the
Hon. Dr. E. G. B. Peets, Minister of Youth, Culture and
Sport, that the Senate take note of the report entitled the National Cultural Heritage Policy for Bermuda
2021 –2026.
And, Minister Peets, you have the floor.

SUSPENSION OF STANDING ORDER 71(2)

Thank you, Madam
President.
I move that Standing Order 71(2) be suspended so that the Senate may now proceed with consideration of the take note motion I gave notice of earlier in the meeting this morning.
[Standing Order 71(2) suspended.] Sen. the Hon. Dr. Ernest Peets: Madam President, I
move that the Senate do now take under consideration the following m otion: T HAT the Senate take note of the
National Cultural Heritage Policy for Bermuda 2021 –
2026.

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

MOTION TO TAKE NOTE

NATIONAL CULTURAL HERITAGE POLICY
FOR BERMUDA 2021– 2026

Thank you very
much, Madam President, and also a very good morning
to all of the Senators and the listening audience in Bermuda.
Madam President, during the last sitting of this
Honourable Chamber on the 31st of March, I [tabled]
the Government’s new National Cultural Heritage Pol-icy for Bermuda, together with an in- brief summary version, with an invitation to debate the policy upon resumption of this parliamentary session.
Madam President, I am pleased to say that the
National Cultural Heritage Policy for Bermuda fulfilled
the 2020 Throne Speech promise of the cultural heritage policy that will combine the “ strands that jointly
speak of Bermuda’s uniqueness and shared identity
with those people from whom we are d escended. One
history, many cultures, a shared cultural identity.”
Madam President, the Department of Culture
is formally launching the policy at our inaugural cultural
conference on the 16
th of May as a part of our commemoration of this year’s Heritage Month. Madam
President, honourable colleagues will recall that two
documents were laid before you—the full National Cultural Policy, which is a detailed 47- page document
providing in- depth background, rationale and explanations; and an “ in-brief” abridged v ersion that outlines at
a high level what the policy intends to achieve. We
hope the two documents will cater to a variety of read-ing audiences with interest in the policy.
Madam President, there are six primary goals
of the policy. They are (1) to promot e the culture and
develop our creatives; (2) to preserve and protect our
cultural heritage; (3) to include the culture in our national development plans; (4) to establish cultural connections; (5) to assist with cultural administration; and
lastly, (6) to implement and review the policy.
Madam President, this Government is committed to promoting culture and developing our creatives. Accordingly, the policy speaks to the need to support,
maintain and develop our cultural institutions. In addi-tion, we will c reate programmes and initiatives to assist
the growth and the employment of our artists and tradition-bearers. The goal of preserving and protecting our
cultural heritage speaks to the value of our sense of
470 12 May 2021 Official Hansard Report

Bermuda Senate identity and our tangible cultural assets such as our archaeological wealth and archival records.
Madam President, in order for our community
to experience our culture as a robust and vibrant force,
it is essential for it to be thoughtfully linked to all aspects of national development. Practically speaking, this involves considering how our culture, how our national
identity impact the directions we choose as we shape
our national development strategy. This also requires
developing and strengthening synergies between Government, the third sector, creati ves and our traditionbearers.
Madam President, despite Bermuda’s geographical isolation, we have always as a people recog-nised the importance of fostering cultural connections.
Within the contemporary context of this National Cultural Heritage Policy, th e connections w e wish to emphasise speak to our past, present and future. This includes the importance of our core culture in which Bermuda identity developed— West and Central African,
British, Portuguese, Azorean, indigenous American
and American —as well as the historical geographical
culture and economic linkages and affinities that exist
between Bermuda and the Caribbean and other small
island nations.
Madam President, the remaining two goals of
the National Cultural Heritage Policy involve assisting with cultural administration, implementing the goals of
the policy and conducting a regular review of the policy
with our stakeholders to ensure that the goals and action points of the policy remain relevant and beneficial .
This will include encouraging appr opriate cultural legislation and regulation inspiring a cultural heritage com-munity to review, revise and recommit to the goals of the policy on an annual basis. These initiatives are designed to ensure both the short -term and the long- term
viability of these principles.
Madam President, the overarching goal of the
policy is to inspire national pride and to support the deepening of our shared identity. The policy also aims
to ensure that Bermudian culture is embedded in every
level of everyday life. Although the Department of Culture is responsible for drafting the National Cultural
Heritage Policy, the policy belongs to the whole of Ber-muda, to our creative communities, our heritage institutions, our artists, our tradition- bearers, our students
and our cit izenry as a whole. Overall, the department’s
most important role is to be the steward of this policy, beginning with its launch this weekend during the department’s cultural conference, which will utilise the policy itself as a framework for discussing som e of the
challenges and opportunities emerging from the culture
and the heritage sectors.
Madam President, it is our intention to have the
National Cultural Heritage Policy exist as an evolving
blueprint for the integration of culture into all aspects of Bermudian life. As we implement aspec ts of this policy,
the Department of Culture will work with our stakehold-ers to better understand the needs of our tradition- bearers and creatives to develop a plan to accomplish these policy goals. And we will put thes e strategies into action. We will base all of our work on the principles of respect, collaboration, accountability and an apprecia-tion for what we share as one community.
Madam President, as I have said before, our
culture is the nation’s soul and a sourc e of our resilience and ability to rise to any challenge we face as a
nation. For this reason, this policy is such an important
milestone for the Government. With it we seek to pro-mote our interwoven histories and common causes,
and promote Bermudians’ shared cultural identity.
Thank you very much, Madam President.
The President: Thank you, Minister Peets.
Would any Senator care to speak on this policy?
Senator Michelle Simmons, Vice President of
the Senate, you have the floor.
Sen. Michelle Simmons: Thank you, Madam President. I am going to be very brief. I would first like to
thank Minister Peets for bringing the National Cultural
Heritage Policy to our attention and for having us reflect
on it this morning.
I feel that knowing, understandi ng and celebrating one’s cultural heritage builds pride in self and in country. This is so important in encouraging self -esteem in our youth— and adults even, since knowing our
own national identity can provide a sense of unity and belonging. And we all want to belong to or feel as
though we belong to a country.
We need to talk about our cultural heritage and
ensure that we are sharing it with our own generation
and those generations which are coming behind us. It
is also necessary to preserve our culture and to share
it widely, especially with persons from other countries
so that they develop a sense of who we are and why
we do things in a certain way. You know, as I speak
there are so many examples of unique things that Bermudians do or that we do in this country that we should
be very proud of and that we should go out of our way
to share with other people.
I am impressed with the very comprehensive
document which has been presented to the Senate. It
established six very clear goals which have lots of associated action points. You know, this is not a document that is meant to sit on a shelf somewhere. It is meant to be acted upon. And I think this is a wonderful
roadmap for the infusion of Bermudian culture into all
aspects of our daily lives. And it is also something
which I hope is shared widely in Bermuda so that we can all pause and reflect on the uniqueness of our Bermudian culture.
This document is clearly the product of many,
many hours of work. And I wish to send kudos to all of
those who have been involved in the development of
this National Cultural Heritage Policy. They are Dr. Kim


Bermuda Senate Dismont -Robinson, Director of the Department of Community and Cultural Affairs (and I see people applauding; that is great); Ms. Heather Whalen, former director
of that department; Ms. Carlita Lodge, who is the Cultural Affairs Programme Manager; Ms. Michelle Peichoto (I am not sure if I have pronounced it correctly,
but she is a former Cabinet Office intern); Ms. Kleita
Pitcher, Policy Analyst; Mr. Graham Mawer, Cul tural Liaison and Development Officer; Ms. Louise Tannock, former Cultural Affairs Programme Manager; and Mr.
Leon Thomas, their Policy Analyst. I think this commit-tee has done a fantastic job and they should be applauded.
So, Madam President, with those brief remarks, I am very excited to see what we are moving
forward with this National Cultural Heritage Policy. It is
something we need to talk up around the dining room table, the kitchen table, the boardrooms, all over Bermuda so that all of us can devel op a better understanding. And we can hopefully move forward to celebrate
what is uniquely Bermudian.
Thank you, Madam President.

The President: Thank you, Senator Michelle Simmons. And Senator John Wight, you have the floor.

Sen. John Wight: Thank you, Madam President.
I will be much briefer than the Senator Simmons. I would echo her comments. I applaud Government for bringing this forward. I think it is exactly what
Bermuda needs. We have such a rich history of Ber-muda. I spent a lot of time personall y in Barbados and
I have for many, many years. And one of the things that has always struck me about spending time there is how much they celebrate their own culture, their own history. And I think bringing this type of policy for Bermuda at this time especially is so important.
I was really pleased to read the document. I
think this, in terms of bringing Black and white, rich/poor, Bermuda’s history is everybody in our community. So I am really, really supportive of Government
on this. So I applaud Minist er Peets and all involved in
introducing this.
The President: Thank you, Senator Wight.
Would any other Senator care to speak?
Is that Senator Richardson? No? Sorry.
Senator Ben Smith, you have the floor.
Sen. Ben Smith: Yes. Good morning, Madam President. Good morning, Senators.

The President: Good morning to you.

Sen. Ben Smith: I would just like to briefly echo the
comments that have come from Senators before.
Thank you to Minister Peets for bringing this forward. It
is an important initiative. We are looking forward to seeing the implementation of the policy. And it is important for Bermuda to celebrate its culture, to celebrate the rich history of our country. What we are really looking
forward to is to be able to maybe celebrate a little differently than we are presently. So I know all of us are
looking forward to, as you are able to implement, [our being] able to celebrate it in a way that Bermudians are
used to behaving—you know, gathering together and
being able to celebrate together. It is an important initiative. We are looking forward to that implementation. And as I said, we are looking forward to being able to
do that together at some point soon.
So thank you, Minister, for bringing this forward.
The President: Thank you, Senator Ben Smi th.
Would any other Senator care to speak?
No. Then I would just like to make a comment.
And that is that I support all that has been said by all
three Senators so far. And that is Senator Michelle Simmons, Senator John Wight, as well as Senator Ben
Smith. And I would just like to also say that Bermuda is
a very small Island, but has many of the complexities of a much larger country. And because of its size, it can,
by implementing this National Cultural Heritage Policy
for the Island, achieve success that can be the envy of
the world.
A cultural policy regime reflects the history of a
nation’s state of the arts, the politics and culture. The importance of heritage and national policy bring together political culture and social aspects of a country.
So if governments do not think or plan how they affect
culture, it will happen by accident. I think that this cer-tainly, with the implementation of this policy, that is un-likely to happen.
So I fully support the policy, and I commend the
Minister for bringing it forward and all those who have
been mentioned by Senator Michelle Simmons who
have developed this policy. So I fully support it, and I
commend all persons involved.
So thank you, Minister Peets.

Yes. Thank you,
Madam President. And thank you, colleagues, for your comments and support for the policy. This policy, of
course, belongs to all of Bermuda. And we certainly want to do our level best to ensure that the implementation part of the policy takes root.
And having said that, I will make sure that a link
is sent to you (if you do not have it already) for the inaugural conference on Sunday. If you are able to attend
remotely, this should be a great opportunity for us to
really give it a good push and really get some more information about how the policy is going to be working going forward.
So having said that, Madam President, I move
that the Bill entitled the National Cultural Heritage Policy for Bermuda 2021– 2026 be read a second
time [sic].

472 12 May 2021 Official Hansard Report

Bermuda Senate The President: Minister Peets, this is a take note motion. So it is not necessary for it to go through this.
But thank you all very much for supporting this
policy. And I think it bodes well for Bermuda.
We will now move on to the second Order of
the Day , which is, as I indicated, the Liquor Licence
(Fee Reduction) Temporary Amendment Act 2021. And
that is in the name of Senator (I am trying to think
whose Bill that is).

Thank you very
much, Madam President. I move that the provisions of
Standing Order 25 be granted so that Senate may now
proceed with the second reading of the Bill entitled the
Liquor Licence (Fee Reduction) Temporary Amend-ment Act 2021.

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

BILL

SECOND READING

LIQUOR LICENCE (FEE REDUCTION)
TEMPORARY AMENDMENT ACT 2021

Madam President , I
am pleased to table in the Senate the
Liquor Licence
(Fee Reduction) Temporary Amendment Act 2021 .
Senators are aware of the global devastation
of COVID -19 which reached our shores just over one
year ago in March of 2020. Since then Bermuda, like
everywhere else, has been contending with the myriad
of challenges posed by having to close our Island in
varying degrees to prevent the spread of this frightful
disease. The challenge of mitigating the need to implement measures restricting our movements versus the
need to promote stimulation to the economy in such adverse circumstances has been met with mixed re-sponses.
Madam President , the economic toll of the pandemic is far -reaching and has impacted every family,
every institution and business in Bermuda. Our hospitality industry, one of the pillars of our economy, has
been particularly hard hit. One of the mainstays of that
sector, including restaurants, is the serving of alcohol.
Senators may recall that the Liquor Licence
Amendment Act 2019, which was enacted in May of
2019, has already revamped the liquor licensing regime. That was a testament to the Government’s effort
to also bolster ing that sector. Those reforms ranged from restructuring the Liquor Licens ing Authority to creating new types of permits and licences to updating
fees and fines for the liquor licensing regime. We have
been experiencing success as a result of the se
changes. This more efficient licensing system has resulted in more expeditious processing of applications
and a greater opportunity to obtain licences. Then
along came the 2020 pandemic, which altered every
economic infrastructure on the Island.
Needless to say, Madam President , bars and
restaurants are some of our most common intimate public gathering spaces. As such, they are particularly
predisposed as places where persons are likely to unwittingly transmit the virus. Therefore, Government’s
efforts to contain the spread of the virus have particularly focused on imposing necessary restrictions upon
these facilities .
Madam President , this entails not only varying
degrees of restrictions on hours of operation, but also
limitations on the number of persons who are permitted
in the facility at any given time. As it is to be expected,
these measures affect not only the profits of the bar and
restaurant owners, but also the number of hours of
work for their employees. The obvious outcome,
Madam President , is that the COVID -19 virus, and not
market forces, became the dominant factor as to the
bottom line of these businesses. Unfortunately, we recently experienced an upward trend in the number of active cases, resulting in a return to measures that previously proved to be effective at curbing those numbers and preventing the proliferation of the spread of the virus. This unfortunately has resulted in another vicious
blow to an already battered hospitality sector .
Madam President , the measures in this Bill are
essentially straightforward as to their policy objective.
They reflect the priority placed on ensuring that local
businesses are given a fighting chance to weather the
storm of this crisis . They also reflect this G overnment’s
responsiveness to concerns of workers and customers towards economic recovery. Accordingly , Madam President , to achieve the for egoing, the Bill amends the Liquor Licensing Act for the reduction by one- half of the
liquor licensing fee for: a Licence (B), a Hotel Licence,
a Restaurant Licence, a Night Club Licence, a Proprietary Club Licence, a Members’ Club Licence and a Tour
Boat Licence.
Further, the provision is made for the Bill to expire after a one- year period from the day it comes into
operation. It also gives the Min ister responsible for liquor licensing the power to make an order before the
expiration of the Bill, subject to the affirmative resolution procedure, to extend the Bill for an additional period should an extension be necessary.
Madam President , it is anti cipated that these
measures presented in th is Bill will go a long way to
contribute to the revitalisation of Bermuda’s economy.
They also presuppose that, if necessary, they could be
augmented or prolonged as necessity dictates . Either
way, it is anticipat ed that they will be welcomed by the


Bermuda Senate business community and ultimately by the public for the
overall impact they will have on the viability of our economy.
Madam President , in closing I take this opportunity to acknowledge the members of the Liquor Licens ing Authority for their tireless work to ensure the
viability of our liquor licensing regime.
Thank you very much , Madam President .

The President: Thank you, Minister Peets.
Would any Senator care to speak on this Bill?
Senator Marcus Jones, you have t he floor.
Sen. Marcus Jones: Thank you, Madam President.
First of all, I would like to thank the Minister for
presenting this piece of legislation. We as the Opposition appreciate the need for the Government to do things like this to attempt to lighten t he load, to give a
gesture of assistance and support to this industry that
has been hit very hard.
Now, to some people, $3,000 or $5,000 for a
restaurant, or for a nightclub to pay for a liquor licence may not seem like a lot. But with the loss in jobs of employees and staff because of this pandemic, that
amount that is paid towards the liquor licence is a sub-stantial and significant amount of money. So we were
quick to agree and collaborate with the Government to
forgo having to delay this particular legi slation and get
it passed as expeditiously as possible.
My only question would be, and consideration
that I would have wanted the Government to take note of, is that this legislation would have been, I believe, far
more effective if a retroactive clause c ould have been
in there so that those nightclubs and restaurants that
have paid their full licensing fee last year, would actually be given a reprieve for this coming year. Because let us take, for example, tour boat operators. With the airport being closed for the amount of time that it was,
with the social distancing and regulations that were put
in place, it is safe to say that many of those tour boat
operators did not get to serve one litre, one ounce of
alcohol for almost an entire year. So you can imagine
with those tour boat operators how they must have felt
looking at this licence being displayed on their forecas-tle, for example, and having not been able to take advantage of it.
So on one hand we do applaud and appreciate
the Government’s move to al leviate some of the burden
through this exemption of this liquor licence by cutting
it in half. But we would implore the Government to con-sider even going back retroactively and looking forward
to extending it so much so that even more [of a] deduction could be in place for the upcoming year as well.
And on that note, Madam President, I thank
you for your time.

The President: Thank you, Senator Marcus Jones.
Would any other Senator . . .
Senator Ben Smith, you have the floor. Sen. Ben Smith: Yes. Thank you, Madam President.
I will be brief. I just want to echo the sentiments
of Senator Jones when it comes to the retroactive part
of this. Last year was unprecedented for the impact on
the hospitality industry. And Senator Jones just started to talk about the tour boat operators. Without having
cruise boats for the entire year, that would have been a
major part of their business. So last year that liquor licence was in essence useless. They paid that fee and
got nothing out of it. So it seems to me that it would
make sense for us to try to allow them to start this up-coming season, which is going to be different from a
normal season. They will not get the same benefits that
you normally get. But they are going to start off on at
least a better footing i f we try to get rid of some of that
tax that they were getting [charged] last year when they had no ability to operate.
I applaud the Government as a step towards
trying to help this industry. I hope that this is a part of a
bigger plan to try to help the industry that has been
completely decimated. The Minister talked about what has just happened recently with the recent shutdown.
Most restaurants and bars were struggling to survive up
until this last shutdown, and many of them unfortunately will not be able to return. This is an industry that
employs a lot of people. And we really need to do all
that we can to support them and [help] them to come
back. And if there is an opportunity for us to try to help
them, I think that we should do everything that we can
to do so.
So I thank you, Madam President. I hope that
this retroactive idea is something that we can take on
board.

The President: Thank you, Senator Ben Smith.
Senator Michelle Simmons, you have the floor.
Sen. Michelle Simmons: Thank you, Madam President.
When I read this Bill, I was quite accepting of
the rationale behind it. And I think it is a good one. The restaurants, bars [and] tour boat operators especially
have been very, very hard hit from the beginning of the
pandemic when it str uck in Bermuda. Some of those
businesses have not opened at all. And so they experienced a really difficult year. They have already experienced a very difficult year. So I fully concur with Senator Jones and Senator Smith about the need to consider some sort of retroactivity to be associated with this Bill, because it is fine to look at the year going forward and providing relief through this Bill.
The year coming up should be—should be if
we behave ourselves —a better year for all of those organisations an d businesses. But the year past, for
which they have already paid the full liquor licence fee,
has brought little revenue, if any, to some of these businesses. So I would just urge some consideration be
given to making allowance for the year that has passed
and considering some form of retroactivity.
474 12 May 2021 Official Hansard Report

Bermuda Senate Otherwise, I support this Bill without any reservation. Thank you, Madam President.

The President: Thank you, Senator Michelle Simmons.
Senator John Wight, you have the floor.
Sen. John Wight: Thank you, Madam President.
I concur with my Senate colleagues in supporting the Bill. I think anything we can do to support Bermudians in the hospitality industry, and those busi-nesses are numerous, is especially helpful at this point
in time. So I am in favour of that.
I would say I am not personally a big fan of retroactivity. I think you are going to have some businesses that are new in 2021 that were not there in
2020, and businesses that were there in 2020 that are no longer open in 2021. My suggestion from a pr actical
perspective would be to consider, if we are reducing it
by 50 per cent going forward, is maybe reducing it by
(whatever) 75 per cent, just to make it easier. Going
back and determining, you know, who is still there from last year? I just think it i s more practical to look at it
going forward.
So the bottom line, [I am] fully supportive of the
Bill. But I think from a practical perspective, I would just suggest that we reduce the amount by more than
50 per cent for the coming year. Thank you.

The P resident: Thank you, Senator John Wight.
Would any other Senator care to speak on the
Bill?
No. Then, Minister Peets, it is over to you, a
few questions and suggestions.

Yes. Thank you,
Madam President, and also thank you so much, Senators, for your input. Of course, all of us recognise how
important this particular Bill is. The timing of it is also
doubly important. We certainly want to do everything
we can to support these businesses as the economy is
beginning to reopen.
As I understand the Bill and the motive behind
the Bill, the objective, of course, was to provide relief to those hardest hit during the pandemic, hence the information that was communicated in the brief. [With the]
information that I have, I can inform Senators that the
conversation around retroactive has been had on numerous levels as this Bill progressed from its infancy
into the format in which we have it this morning. I can certainly take some feedback back to the Attorney General and her team. But as the Bill stands, as it is written
today, the information that I have from Chambers, the
retroactive, to start at the beginning of the pandemic is
not possible at this point.

The President: Thank you, Minister Peets. In that case
you will move the Bill for the second reading.

Madam President, I
move that the Bill do now pass.
The President: It has been moved that the Bill entitled
the Liquor Licence (Fee Reduction) Temporary Amendment Act 2021 do now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.

[Motion carried: The Liquor Licence (Fee Reduction)
Temporary Amendment Act 2021 was read a third time
and passed.]

The President: Thank you, Minister Peets and all Senators who participated.
We now move on.

MOTIONS

The President: There are none.



Bermuda Senate CONGRATULATORY AND/OR
OBITUARY SPEECHES

The President: Would any Senator care to speak on
this issue?
Senator Michelle Simmons, you have the floor.

Sen. Michelle Simmons: Thank you, Madam President.
I believe that we should take a few minutes today and celebrate our nurses. I am not absolutely sure
if today in Bermuda is Nurses Day, but I certainly know
that this is Nurses Week.
The President: Yes, it is. Carry on.

[Pause]

The President: Would any other . . .
Senator Michelle Simmons, have you finished
what you had to say?

Sen. Michelle Simmons: No, Madam President. My
Internet dropped. I think I am back.

The President: Oh. Yes. Good. Well, you can carry on.

Sen. Michelle Simmons: Anyway, I was just saying I
believe it may be Nurses Day. But I know it is Nurses Week, and I know it is Nurses Month. And why not just
make it Nurses Year?
[Laughter]

Sen. Michelle Simmons: The nurses have been at the
frontline throughout this pandemic showing care, compassion, courage, commitment to their patients every
day. And I just want to say thank you to every single nurse on this Island for his or her care, dedication, compassion and commitment.

[Desk thumping]

Sen. Michelle Simmons: We are so grateful for your
service. And I do not think that you can hear too many
kudos or congratulatory remarks. And nothing we do
could ever show you how much we appreciate what you
have done. But just know that we are all so grateful, so
grateful for your service. So kudos to all of the nurses
out there, including you, Madam President.

[Laughter]

The President: Thank you very much, Senator Simmons. Thank you.
Would any other Senator care to speak?
Senator Robin Tucker, you have the floor.
Sen. Robin Tucker: Thank you, Madam President. I want to extend condolences to the family of
Mrs. Pat Whitter. Ms. Whitter was a very well -known
person down in Hamilton Parish. And she is the mother
of a friend of mine, Karen Dill, and also Daylon. So I
just want to extend sincere condolences to the Whitter family and of course to Mr. Eric Whitter, who is Ms.
Whitter’s husband.
I also want to extend condolences to the family
of the late Rev. Malcolm Eve. Rev. Eve is a very well -
known pastor in the AME Church. So again, condolences to Rev. Eve’s family, friends and personally his congregation, the congregations that he has had
through the years, because he has been at a couple of
other churches.
And also, I want to extend condolences to MP
Craig Cannonier and his wife, Antoinette, on the passing of her mother, Ms. Vivian Griffiths.
So I just want to say again, condolences to
everyone who has lost—all of the families and friends
who have lost a loved one.
Finally, I want to try and end on a congratulatory note and just extend congratulations to Dr. Eve
De Rosa. I think most of us will have known by now that
she has become the first woman and first Black person
to hold the position of Dean of Faculty at Cornell University. And this is a huge deal. For people who may
not understand, Cornell is certainly an Ivy League uni-versity. And Dr. De Rosa’s accomplishments are huge.
So again, congratulations to her.
And thank you, Madam President.
The President: Thank you, Senator Tucker.
Senator Richardson, you have the floor.
(I will come back to you, Senator Ben Smith.)

Sen. Curtis Richardson: Thank you, Madam President, and thank you to the listening audience.
I would like to propose a generalised, yet extremely sympathetic, condolences for the families and
friends and all Bermudians who have lost loved ones of
recent. The month of May tends to be one for reflections about Bermuda’s culture. Although Bermuda has
been ingrained in us, very cultural acknowledgement, it is special for Bermudians in a sense that during times of natural disasters we always tend to come together
as a community. And I think it is important to note that
because altho ugh [we are in] this unprecedented time,
not only [in this] the country, but globally, in regard to
the coronavirus pandemic, I think it is important to highlight that as we go through the tough decisions as a country to get us through, and piece by piece and bit by
bit to a better position of normalcy, so that we can continue to celebrate who we are as a people again in Bermuda, and globally as well, the decisions that we have
to make are not easy ones.
It is a lot of touch -and-go and trial and error
with regard to how we navigate through these times.
Some families have lost loved ones. And again I want
to express my sincere condolences to those families. I
476 12 May 2021 Official Hansard Report
B ermuda Senate have known of persons who have lost loved ones in
their family and friends to this horrible pandemic . I just
wanted to encourage everyone that this too shall pass. And we collectively must get through it. And we collec-tively, as a whole, globally, have to recognise that these are unprecedented times.
And I just think it is a sad occasion when we
have to find ourselves making tough decisions that impact our daily movements and life. And it is still upon us. And we are narrowing the gap towards recovery. And what that looks like and the hope that is being put out there, what it could mean coming out of the pandemic, meaning that, you know, coming out of it, for me personally it means that we have learned how to cope and live with this particular virus. Whether it is some-thing that gets eradicated entirely over time will be something we cannot tell.
I just want to encourage everyone to stay
strong, stay safe, stay hopeful. Continue to do our part and as individuals, protect ourselves and your family and your fellow countrymen and women and children. It has been tough. You know, schooling has been quite different, as we all know when we are going through
different things with the children and making these nec-essary sacrifices we need as a community, as parents. I myself have a five- year-old and a ten -year-old who are
very much engulfed in the early stages of their educa-tion. And doing my best along with their mother to en-courage them, I want to encourage everyone else to do
the same.
May 24
th for me changed 10 years ago (well,
11 years ago now) in the sense that not only was the
day a day of recognition for Bermuda’s culture, but it is also my boy’s birthday now. So I just want to highlight that although a sensible change was made in celebration of that particular holiday period in recognition of our
National Heroes, that day will always be something special for us all. And I encourage, especially now with what has been mentioned by Minister Peets moving to-wards the improvement in the cultural department, that
we continue to reflect and take note of who we are as
a people.
The President: Senator Curtis Richardson, some of
the comments you had made would be applicable to the motion to adjourn.
Sen. Curtis Richardson: Okay. Thank you.
The President: Because we are dealing with Congratulatory and/or Obituary Speeches.
Sen. Curtis Richardson: I do recognise that as I
started to talk even more.
I am finished, and I guess in combination with
your indulgence, Madam President. Thank you very much.
The President: Thank you, Senator Richardson. Senator Ben Smith, you indicated that you
wanted to speak?
Sen. Ben Smith: Yes. Thank you, Madam President.
I would like to associate with some of the comments that were being made by [Senator] Richardson
when it comes to the condolences overall for the large
number of people whom Bermuda has lost since the last time that the Senate sat. It has been a very difficult period, and we would like to give condolences to all of the families and loved ones of those people who have been lost to this terrible virus, not just in this last period,
but I believe we are at 31 now. So the fam ilies and
friends [of those 31 lost ones] are all suffering from the
loss. We would like to give condolences to all of those families.
I would also like to associate with the comments by Senator Simmons when it comes to congratulations to all of the nurses. I think it is a really important
thing that each of us remember the importance of what the nurses have been doing [not just] over this period of time, but all the time. So I would like to congratulate them for the hard work that they continue to do each
and every day. And any support that they need, let us make sure that we continue to give them congratula-tions so that they feel that community support.
Also on congratulations, I would like to congratulate Madelyn Moore, who participated in the warm- up
championship in Florida last week. She was looking for
an opportunity to qualify for the Tokyo Games. She came close. She was able to set a couple of national records. I know that she has gone back to continue to train with the hopes that she will be able to reach those qualifying times in an upcoming event. Jesse Washing-ton was also at that competition with her.
Just congratulations to all of our athletes who
have either qualified or are in the process of qualifying for the Olympic Games in an unprecedented time when it comes to training and preparation. So just congratu-lations to them for their continued hard work.
Thank you, Madam President.
The President: Thank you, Senator Ben Smith.
And Senator Wight, John Wight, you have the
floor.
Sen. John Wight: Thank you, Madam President.
I would like to send condolences to the family
of Winifred Childs. So Winnie Childs was BF&M’s old-est pensioner. She was in her 108
th year.
Some Hon. Senators: Wow! Ooh!
Sen. John Wight: She passed away a few days ago.
She had a great sense of humour. I still remember
when she was 103 she attended our annual BF&M celebration for our retirees, and I hos ted her at the front
door and asked her if I could get her a glas s of cold

B ermuda Senate water. She say s, No, but you can get me a Scotch,
please, John.
[
Laughter]
Sen. John Wight: So a good sense of humour can take
you a long way in life.
The President: Absolutely.
Sen. John Wight: So my condolences to the family of
Winifred Childs. Thank you.
The Pr esident: Thank you, Senator Wight.
Would any other Senator care to speak?

Thank you, Madam
President.
I would like to take this opportunity, because I
know they are listening online, to my wife of 24 years,
she just recently graduated from Polk State. She made the Dean’s List with a 3.5 GPA this past semester and a GPA of 3.3 overall. And she is looking forward to com-ing back to Bermuda to apply her trade. She did all of
that [while] also parenting three kids and two dogs while
she was in Florida.
But also to my 17- year-old, Alia, she is graduating George W. Jenkins High School in Lakeland, Flor-ida, with a 3.8 GPA. Sh e has been accepted at Sweetbriar College in Virginia in their pre -vet programme.
She is a 2020 alumn a of the Future Medical Leaders of
America. She got awarded a $15,000 academic merit scholarship. She will be running Division 3 cross -country at Sweetbriar. She and her team won the 2018 Jun-ior Varsity Championships [and the] 2019 North Port
Cross -Country Invitational. She placed second in 2019
and also second at the George Jenkins XC Invitational.
She is an athlete. She is absolutely phenomenal. She is als o beautiful as well, takes a lot after her dad.
[
Laughter]

And she is a product
of Harrington Sound Primary School. So congratula-tions to my wife and to my 17- year-old daughter on their
accomplishments.
Also I would like to publicly express my condolences to Donna [Raynor]. She lost her father, [Clarence] “Tootsie” Bean, and her mother [Stella Bean] this year due to COVID -19. So I certainly want to
associate my best wishes to all of the families and all of the Senators who have expressed interest and condo-lences to those who have been affected by COVID -19.
Thank you, Madam President. The President: Thank you, Minister Peets. And I am
sure all Senators join you in this double congratulations and celebration of your family members’ achievements.
I would just like to myself associate myself with
the comments made by Senator —
[
Inaudible interjection]
The President: I beg your pardon?
Sen. Lindsay Simmons: Sorry, Madam President.
The President: Oh, I beg your pardon. I did not realise
somebody else wanted to speak.
Senator Lindsay Simmons, you have the floor.
I beg your pardon.
Sen. Lindsay Simmons: No problem. Thank you,
Madam President.
First, I would like to give condolences to [the
family of] Carol -Ann Bailey Vernon, who worked at
Happy Valley Child Care Centre for I believe 17 years. My daughter attended there. And I already knew her
affectionately as “Ms. Bailey.” She is going to be a huge
miss. And I also know that she was excited, she was
getting ready to become a grandmother. So I want to send my condolences to her family.
And also, Madam President, one of the first
houses that I went to when I was running for the election was the Bean family. Minister Peets was just
speaking about Clarence “Tootsie” Bean and Ms. Stella Bean. They welcomed me with open arms, and their children welcomed me. And, you know, they told me if I would win, they would be having a party on the hill for me.
[
Laughter]
Sen. Lindsay Simmons: So I definitely want to send
my condolences. They were one of the first families, as
I said, whom I met. And they were behind me 100 per
cent. So I want to [send] their son, Shelton, their daughters, Deborah and Donna, my deepest condolences. And so sorry for their loss. Thank you.
And on a brighter note, Madam President, I
want to say that for the last three weeks I have been
assisting at the e- camp, the Essential Workers Camp.
So I want to thank Nadine Brown Henry from the [Department] of Youth, Sport and Recreation; and Ms. Terry Cox from the Ministry of Education; along with their workers, especially Alexandra Williams, whom I
worked under, and her boss, Ms. Willis . They were phenomenal. So I want to thank Minister Peets and also Minister Diallo Rabain for bringing this e- camp together. We were able to ensure the safety of the chil-dren, and also that they were able to continue their studies. And it was a very enjoyable time. And I was happy to be a part of it.
So, thank you, Madam President.
478 12 May 2021 Official Hansard Report

Bermuda Senate The President: Thank you, Senator Lindsay Simmons.
Would any other Senator care to speak?
Senator Owen Darrell, you have the floor.

Sen. Owen Darrell: Thank you, Madam President.
I would also like to send my condolences and
be associated with the condolences just given by my
Senate colleague to the family of the late Ms. Carol -
Ann Bailey as well. She was the chef at Happy Valley. And we all know what an important role that Happy Valley has had in our community for all walks of life. And it was a shock to all. I found out about her passing a little
late. But I was shocked over the weekend when another parent of Happy Valley did share this news with
me.
And if anyone has ever been to Happy Valley,
you would know that Ms. Bailey does not just provide the basic meals for the children out there. I mean, they
are healthy meals. And she is a huge part of these toddlers’ lives when it came to introducing certain healthy
foods. So I just want to also include in my condolences her colleagues from Happy Valley Child Care Centre
and all ot her parents who have had their children
touched and lives blessed by Ms. Bailey. She was laid
to rest on Monday. So I do want to say condolences again to her family ; a great loss to our community.
And also to a former postman, Mr. Derek
Ingham, who is goi ng to be laid to rest today. Mr.
Ingham was a very active member of the Pembroke
West community. And I got to know him through my
other job, where he always was looking out for improve-ments that he can do in his neighbourhood for himself
and especially for his neighbours. And he always used
to give his encouragement to the things that the Government was attempting to do in Bermuda. So I want to
say condolences to the family of Mr. Derek Ingham.
And on a little bit of a brighter note, I want to
say congratu lations to Bermuda National Soccer
player, Mr. Nahki Wells. You may have seen a mes-sage going around that he was the Golden Boot winner
at the club that he plays for, Bristol City. “Golden Boot” means he got the most goals of anyone on that team.
And it is great to see Mr. Wells still plying his trade in
England and making all Bermudians here proud. And I
know his father , Mike Wells, and his mom are very, very
proud of the success that he is still having. I know that
his team probably did not fare as well as they wanted
to, but it is good to see that one of ours scored the most
goals at Bristol City.
And my final congrats if I may, Madam President, is to recognise (and it was last week) Teacher Ap-preciation Week. I tell anyone who will listen I am still
an educator; I will always be an educator. But I want to
say thank you and send my appreciation to the teachers who actually currently teach my kids, and tell them,
Thank you very much, Ms. Allen from Harrington
Sound, and Ms. Morbey at Prospect Preschool. And we
as a community —at no other time than now have we
ever appreciated teachers than what we have just done. Many parents have been teaching their students or helping to teach their students at home with remote
learning. So I want to say thank you to all of my former
colleagues, to all teachers, all teachers who have
taught my kids and anyone’s kids in the past. I want to say thank you and we do appreciate you. Thank you,

Thank you, Senator Darrell.
Would any other Senator care to speak?
Seeing and hearing none, I will then make my
own comments. I would like to associate myself with
the condolences that were expressed by Robin Tucker
in relation to Ms. Vivian Antoinette Griffiths, the mother
of Ms. Antoinette Cannonier. Ms. Griffiths actually is related to me. She is sister to my grandfather, Mr. Alvin Durham. So she was a family member.
And then also associate myself with Senator
Darrell’s comments with regard to Derek “Ingy” Ingham,
who was another cousin. And as you hav e indicated,
he is being funeralised today. So thank you for those
comments.
And I would also like to associate myself with
Senator Robin Tucker’s comments with Pat Whitter on
her passing.
Finally, I would just like to say congratulations.
I am sure we h ave all read in the paper about Ms.
McKenzie- Kohl Tuckett. She became 16
th in this [2021]
World Individual Debate and Public Championships out
of a field of 120 competitors. Ms. Tuckett, who is 17
years old and a former Head Girl of Warwick Academy,
also made it to the finals in the impromptu speaking and interpretive reading categories. And this virtual competition that she entered was held from April 23
rd to the
26th, and it was hosted by South Korea and required
McKenzie- Kohl to debate between 11:00 pm and
5:00 am Bermuda time. So she is somebody to watch,
and I am sure Senator Darrell will know her very well
because she was in the Youth Parliament.
And with that said, my final comment is I join all
of you in congratulating all nurses during this week. You have all indicated the stellar job that all nurses are doing through this COVID -19. So with that said, I will then
move on now.

ADJOURNMENT
The President: Minister Peets, it is over to you.

Madam President, I
would like to make a motion that Senate adjourn until
May 26, 2021.

The President: Thank you.
Would any Senator care to speak on the motion to adjourn?
No one.


Bermuda Senate It looks like we have finished our business for
the day. So, Senators, with that said, the Senate is adjourned to May the 26th.
Thank you.
[At 11:26 am, the Senate stood adjourned until
10:00 am, Wednesday, 26 May 2021.]

480 12 May 2021 Official Hansard Report

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