March 31, 2021

Madam President, I
hereby present for the information of Senate the N ational Cultural Heritage Policy for Bermuda 2021 –
2026 , as well as the National Cultural Heritage Policy
for Bermuda– In Brief , each as produced by the D epartment of Culture.
Senators can access a copy of these reports
on their tablets and/or on the Parliament website.
The President: Thank you, Minister Peets.

NOTICES OF MOTION S
The President: There are none.

PETITIONS

The President: There are none.


440 31 March 2021 Official Hansard Report

Bermuda Senate STATEMENTS

The President: The Statement is in the name of Se nator the Honourable E. G. B. Peets, Minister of Youth,
Culture and Sport .
Minister Peets, you have the floor.

NATIONAL CULTURAL HERITAGE
POLICY FOR BERMUDA 2021 –2026

NATIONAL CULTURAL HERITAGE
POLICY FOR BERMUDA –IN BRIEF

Thank you, very
much, Madam President.
Madam President, the 2020 Throne Speech
promised a National Cultural Heritage Policy for Bermuda that would combine the strands that jointly
speak of Bermuda’s uniqueness and shared identity
with those peoples from whom we are descended.
One history, many cultures, a shared cultural identity.
Today I am pleased to say that the National
Cultural Heritage Policy for Bermuda has been completed and the Department of Culture is preparing to
launch the policy during Heritage Month in May.
Today I lay the National Cultural Heritage P olicy before this H onourable Chamber, with the hope
that we may debate it when Parliament resumes in
May.
Madam President, t here are two documents
before you: the full National Cultural Policy , a detailed
47-page document providing in- depth background,
rationale and explanations ; and an “In Brief” abridged
version that outlines at a high level what the policy intends to achieve. We hope the two documents will
cater to varied reading audiences with an interest in
the policy.
Madam President, t here are six primary goals
of the policy, namely to:
• promote culture and develop our creatives;
• preserve and protect our cultural heritage;
• include culture in our national development
plans;
• establish cultural connections;
• assist with cultural administration; and
• imple ment and review the policy.
Madam President, t his 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 addition, we will create programmes and initiatives
to assist the growth and employment of our artists and
tradition- bearers.
Some of the action points associated with this
goal include developing annual programmes and events such as competitions to encourage the production of new artistic materials; and supporting the establishment of arts -related councils such as a film
board. Madam President, t he goal of preserving and
protecting our cultural heritage speaks to the value of
our sense of identity and our tangible cultural assets
such as our archaeological wealth and archival records.
Part of our goal here is also to highlight the
importance of our oral traditions, histories, and trad itional knowledge. Some of the action items outlined to bring this goal to fruition include providing training o pportunities to young Bermudians in the fields of cul-ture, heritage and the arts; work with education to have students develop projects on community heroes;
and educate the public on the importance of identified
days of national signifi cance.
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 nat ional identity,
impacts the directions we choose as we shape our
national development strategies. This also requires
developing and strengthening synergies between Government, the third sector, creatives and our tradition-bearers.
This kind of holistic, in tegrated approach
would affect our approach to our children’s education,
our environment, our approach to tourism marketing,
and how we integrate technology into our systems. Some of the ways this will be accomplished is by cr eating a catalogue of cultural materials that can be di sseminated to each teacher; publish an annual new sletter providing the community with cultural updates; and establish digital links with cultural industry par tners.
Madam President, despite Bermuda’s geographic isolation, we have always as a people recognised the importance of fostering cultural connections.
Within the contemporary context of this National Cu ltural Heritage Policy, the connections we wish to emphasise speak to our past, our present, and our future.
This includes the importance of the “core” cultures from which Bermudian identity developed: West and Central African, British, Portuguese/Azorean, i ndigenous American, and American; as well as the hi storical, geographical, cultural and economic linkages and affinities that exist between Bermuda and the
Caribbean and other small island nations.
Some of the ways that this will be accomplished will be by creating public awareness ca mpaigns on the contributions Bermudians have made at
the international level; researching and establishing
relationships with cultural industry partners in the Caribbean; and by including cultural manifestations of the
core cultures in our national celebrations.
Madam President, t he remaining two goals of
the National Cultural Heritage Policy invol ve assisting
with cultural administration, implementing the goals of
the policy, and conducting a regular review of the pol icy with our stakeholders to ensure that the goals and


Bermuda Senate action points of the policy remain relevant and benef icial.
This will include encouraging appropriate cultural legislation and regulation; inspiring the cultural
heritage community to review, revise, and recommit to the goals of the policy on an annual basis at a meeting organised by the Department of Culture during
Heritage Month. These initiatives are designed to e nsure both the short -term and long- term [viability ] of
these principles.
Madam President, t he 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 ev ery level of everyday life.
Although the Department of Culture is r esponsible for drafting the National Cultural Heritage
Policy, the policy belongs to the whole of Bermuda: to
our creative communities, to our heritage institutions,
our artists, our tradition- bearers, to our students and
to our citizenry as a whole.
So, Madam President, although the Depar tment of Culture will obviously enact some of the pr ogramming suggested in the policy, the d epartment’s
most important role is to be the steward of this policy.
The department’s role as steward will begin
with the launch in May during the department’s virtual
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 heri tage sectors.
Madam President, i t is our intention to have
the National Cultural Heritage Policy exist as an evol ving blueprint for the integration of culture into all as-pects of Bermudian life.
As we implement aspects of this policy, the
Department of Culture will work with our stakeholders
to better understand the needs of our tradition- bearers
and creatives and develop a plan to accomplish the policy goals , and we will put these strategies into action. We will base all of our work on the principles of
respect, collaboration, accountability, and an apprec iation for what we share as one community.
Madam President, I have said it before and I
think it is worth repeating: Our culture is o ur nation’s
soul. It is not just our dress or dance or song, nor our
history or customs alone. Our culture is the summ ation of all we are as a people. It is the sum effect of all
of these things, which gives us pride in who we are
and helps us rise together to whatever challenges are
put before us —be it an international sporting event, a
hurricane, social justice, economic trials or fighting
this pandemic. National pride in our shared culture
unites and strengthens us.
For this reason, Madam President, this policy
is such an important milestone for the Government. With it, we seek to promote our interwoven histories
and common causes and promote Bermudians’
shared cultural identity. I table this National Heritage Cultural Policy
today, and I look forward to debating it in this H onourable Chamber when Parliament resumes in May.
Thank you, very much, Madam President.

[Pause]

The Clerk: You are muted, Madam President.

The President: I beg your pardon.
Thank you, Minister Peets and Government
Leader in the Senate for your Statement.

INTRODUCTION OF BILLS

The President: There are none.

FIRST READING OF PUBLIC BILLS

The President: There are none.

FIRST READING OF PRIVATE BILLS

The President: There are none.

QUESTION PERIOD
The President: Does any Senator wish to speak to
the Statement that was read by Minister Peets ?
Hearing none, we will move on.

ORDERS OF THE DAY

The President: The first Order of the Day is consideration of Draft Regulations entitled the [Electricity
(Regulatory Authority Fees) Regulations 2021, and]
Electronic Communications (Regulatory Authority Fees) Regulations 2021 (Governor’s recommendations signified) in the name of Senator Simmons, Junior Minister for Home Affairs.
You have the fl oor, Senator Lindsay Si mmons.

Sen. Lindsay Simmons: Thank you, Madam Pres ident. Madam President, is it possible that I could read
items 1 and 2 together?

The President: Oh, yes, you can do [that].

DRAFT REGULATIONS

ELECTRONIC COMMUNICATIONS (REGULATORY
AUTHORITY FEES) REGULATIONS 2021

ELECTRICITY (REGULATORY AUTHORITY FEES)
REGULATIONS 2021

442 31 March 2021 Official Hansard Report

Bermuda Senate Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, I move that Senate do now
take under consideration the Draft Regulations ent itled Electronic Communications (Regulatory Authority
Fees) Regulations 2021 , and the Electricity (Regulat ory Authority Fees) Regulations 2021 .
Madam President, I move that consideration
be given to the draft Regulation entitled Electronic
Communications (Regulatory Authority Fees) Regul ations 2021, and the Electricity ( Regulatory Authority
Fees) Regulations 2021. I am also seeking the indu lgence of the Senate to move these two Regulations
en bloc.
Madam President, the fees proposed were
published by the Regulatory Authority’s Work Plan for
2021/22. And the changes reflect the magnitude of the Regulatory Authority’s work involved in the oversight
of the sectorial providers and their processing of applications related to the electronic communications
and electricity sectors.
Madam President, I will first discuss the Electronic Communications (Regulatory Authority Fees)
Regulations 2021. Madam President, the fees spec ified under the Electronic Communications (Regulatory
Authority Fees) Regulations 2021 include fees includ-ed in the Regulations listed under clause 4 and have
now been revoked, namely, (a) the Electronic Communications (Regulatory Authority Fees) Regulations
2020, (b) the Regulatory Authority (Service Fees)
Regulations 2018, and (c) the Electronic Communic ations (Spectrum Service Fees) Regulations 2016. The
changes in the fees include the following:
• A decrease in the fees charged to holders of
an integrated communications operating l icence known as ICOL, from 1.75 [per cent] to
a licensee relevant turnover of 1.70 per cent.
• A new fee of $85,000 for an application for an
ICOL. This fee has been introduced to cover
the legal and regulatory costs of assessing an
application for new ICOLs, which have been submitted after the lifting of the moratorium on ICOLs.
• An application fee of $15,000 for high- demand
spectrum ( HDS) , a reduction from the prev ious fee of $40,000. A [new] application fee of
$500 for non- HDS (high- demand spectrum).
• A change in the name of the application fee that was formerly described as “mergers and
acquisitions” but is now described as “ change
and control.” There is no change in the
amount of the fee.
Madam President, I now turn our attention to
the Electricity (Regulatory Authority Fees) Regulations 2021. The fees specified under the Electricity (Regul atory Authority Fees) Regulations 2 021 include fees
included in the regulations listed under clause 4 and have now been revoked, namely, (a) the Electricity
(Regulatory Authority Fees) Regulations 2018, and (b) the Regulatory Authority (Service Fees) Regulations
2018. The change in the fees include s the following,

• The fee of 0.00635 per kilowatt hour in the
transmission, distribution and retail service provider
increased from 0.00475 per kilowatt hour. This is i ntended to be a temporary increase to cover the cost of
a new multi- year tariff and a review of wind studies
necessary for the introduction of wind turbines rec-ommended in the Integrated Resource Plan (known as the IRP).
• A new fee of $6,500 per megawatt for applic ations for large scale self -supply licences. This fee is
higher than the fees for the applications of other bulk
electricity generators as it has the potential to i ncrease the share of the grid costs to other customers.
• A new fee of $10,000 to cover the cost of
technical and legal evaluation of bulk generation proposal, both solicited and unsolicited. The fee was cr eated in anticipation of proposals for renewable energy
in accordance with the IRP.
• A change in the name of the application fee
that was formerly described as “ mergers and acquis itions ” but is now des cribed as “ change and control. ”
There is no change to the amount of the fee.
Madam President, I invite Senators to review
the RA’s [Regulatory Authority] work plan to view the
accomplishments and their plans for the upcoming
year.
Madam President, with t hose introductory r emarks I now move that the draft Regulations be approved and the appropriate message be sent from the
Senate to Her Excellency the Governor .
Thank you, Madam President.

The President: Senator Lindsay Simmons, you
needed to have the Senators respond too. So I am
going to now open the floor to any Senator who wis hes to speak on either one of these Bills.
Senator Robin Tucker, you have the floor.
Sen. Robin Tucker: Good morning, Madam Pres ident—

The President: Good morning.

Sen. Rob in Tucker: —and good morning to the li stening audience, and of course to my Senate colleagues.
I just wanted, if I may, to speak to the [Draft
Regulations] individually?
The President: Certainly you may.
Sen. Robin Tucker: Thank you, Madam President.
The OBA has no objections to the Electronic
Communications (Regulatory Authority Fees) Regul ations 2021. From our point of view it is administrative
in nature and it obviously sets out the fees payable by


Bermuda Senate holders of integrated communications operating l icences and holders of submarine communications
operating licences over a 12- month period. It sets the
conditions for payment and the payee receiving those
payments. So we have no objections to that at all.
As it relates to the Electricity (Regulatory A uthority Fees) Regulations 2021, again, this is viewed
by us as strictly administrative in nature. It is just set-ting out the general regulatory fees and the service
fees attached. So we have no objection at all.
Thank you, very much, Madam President.

The Pr esident: Thank you, Senator Robin Tucker.
Would any other Senator care to speak on
either one of these [Draft Regulations] ?
Hearing none, then it is over to you Senator
Lindsay Simmons.
Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, I move that the Senate do
take under consideration the draft Regulations entitled
Electronic Communications (Regulatory Authority
Fees) Regulations 2021 and the Electricity (Regulat ory Authority Fees) Regulations 2021.

The President: Senator Simmons, you have intr oduced them. It is now —
Sen. Lindsay Simmons: I’m sorry. I’m sorry.
Madam President, I now move —
The President: First, do your second reading.
Senator Simmons, do the second reading,
please.

[Pause]

The Clerk: She has a motion to move that they be
approved and the message [be sent] to the Governor.

The President: Senator Simmons. Yes. You need to
read your motion now then, please.

Sen. Lindsay Simmons: 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 had under consideration
the Draft Regulations entitled the Electronic Comm unications (Regulatory Authority Fees) Regulations
2021 , and the Electricity (Regulatory Authority Fees)
Regulations 2021, proposed to be made by the Mini ster responsible for energy and telecommunications
under the provisions of sections 6 and 11 of the Electronic Communications Act 2011 , and the Electricity
Act 2016, in exercise of the power conferred by se ction 44 of the Regulatory Authority Act 2011 , has the honour to inform Your Excellency that the Senate has
approved said Draft Regulations.”

The President: Thank you.
Is there any objection to that motion?
No objections.
Senator Lindsay Simmons, a suitable message will be sent. Thank you.
[Motion carried: Draft Regulations entitled Electronic
Communications (Regulatory Authority Fees) Regul ations 2021, and the Electricity (Regulatory Authority
Fees) Regulations 2021, were approved.]

Sen. Lindsay Simmons: Thank you.
The President: Moving on to item number 3, on our
Orders of the Day is consideration of the Draft Order
entitled the Public Health (COVID -19) Emergency E xtension (No. 2) Order 2021. And this is in the name of
Senator C. P. Richardson, the Junior Minister for
Health.
Senator Curtis Richardson, you have the floor.

Sen. Curtis Richardson: Thank you, Madam Pres ident.
Madam President, I move that the Senate do
now take under consideration the Draft Order entitled
Public Health (COVID -19) Emergency Extension (No.
2) Order 2021.

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

DRAFT ORDER

PUBLIC HEALTH (COVID- 19) EMERGENCY
EXTENSION (NO. 2) O RDER 2021
Sen. Curtis Richardson: Madam President, I am
pleased to invite this Honourable Chamber to consider
the Order entitled
Public Health (COVID -19) Emergency Extension (No. 2) Order 2021 .
Madam President, I would like to take this
opportunity to remind the public of their civic respon-sibilities to take steps to protect themselves, their
loved ones and their neighbours during this global
pandemic caused by the novel coronavirus. We live
on a very small Island, and as we have experienced
already, and as recently as late last year, COVID -19
can spread quickly and impact our whole community
as scores of people test positive and hundreds end up
in quarant ine.
We can slow the spread of the virus by wearing a mask to cover our nose and mouth, as well as
physically distancing, downloading the WeHealth
Bermuda app and avoiding the three Cs of closed
spaces, crowded places and close- contact settings.
444 31 March 2021 Official Hansard Report

Bermuda Senate The more barriers and space between you and others,
the harder it is for the virus to spread. Also, Madam
President, after enormous hard work by scientists
around the world, there is another layer of protection
we can add, [and that is] the COVID -19 vaccination.
As has been said many times, vaccines save
lives. And it is no different with the Pfizer -BioNTech
vaccine being used in Bermuda now. Getting the vac-cine greatly reduces your chance of contracting
COVID -19. In fact, the Pfizer vaccine has been shown
to be 95 per cent effective after two doses. [If immunised and] you do get COVID -19, you are likely to experience milder symptoms and become less ill as your
body is better able to fight off the virus. This means
we can keep people out of the hospital and we will have fewer deaths due to COVID -19.
With the reduced viral load in your system , it
is also hoped that you are less likely to transmit the
coronavirus as well , although that aspect of the vaccine’s power is not fully known at present.
Of the vaccinations administered in Bermuda
55 per cent have been given to women and 45 per
cent have been given to men. Bermuda’s goal of herd
immunity will be achieved when 70 per cent of the
population of 64,054 has been immunised. So far,
17 per cent of the population has been vaccinated
with one dose and 6 per cent of the population has
been immunised with two doses. These are great r esults so far. And I thank and applaud all of those who
have taken the steps to get their vaccination to protect
themselves, their famil ies and our community.
As a government, we recognise it will take
some time to reach the goal of herd immunity. And so
a more immediate goal is the immunisation of 90 per
cent of persons who are over [the age] of 65, which is
our most vulnerable group. In addition, we continue to
encour age our extremely clinically vulnerable persons,
our health care workers and essential service workers
to please get vaccinated.
To repeat : Preventing infection, the onset of a
disease itself , and community spread via mass va ccination, will be a critical part of how we navigate our
way out of this current crisis.
We have all felt the impact that COVID -19 has
had on us personally, and we all know how it has i mpacted our Island’s economy. Getting vaccinated is an
integral par t of our ongoing collective effort to reduce
the spread of the virus here on the Island. This is essential not only for our health, but also to help us to
return to a sense of normalcy with our daily lives.
Madam President and Honourable Senators,
as we al l now know, COVID -19 was caused by a new
virus that spread quickly throughout the world. Unfortunately, it still exists in large part because it can be
transmitted so easily between people who are in close
contact or through coughs and sneezes. While most infected people suffer mild flu- like symptoms, some
become seriously ill and even die. The Minister of Health has consulted the Chief
Medical Officer and determined that a communicable disease of the first or second category, namely,
COVID -19, continues t o pose a severe threat to public
health in Bermuda. This Order will extend the Public
Health (COVID -19) Emergency Order 2021, made
under the Public Health Act 1949, to permit the Governor to continue the Public Health (COVID -19 Emergency Powers) Regulation s 2021, which imposed extraordinary measures necessary in the interest of public health to prevent, control and supress COVID -19.
Madam President, Honourable Senators will
be aware that the Public Health (COVID -19) Emergency Order 2021 was made under the [affirmative] resolution procedure effective the 25
th of January
2021 for 30 days, expiring on the 24th of February
2021. However, the COVID -19 pandemic continues to
rage on globally and a public health emergency co ntinues to exist on our shores.
Therefor e, in accordance with section 107A(3)
of the Public Health Act 1949, I bring this Extension
(No. 2) Order to this Honourable Chamber to prolong
the state of public health emergency for a further 60 days ending on the 25
th of April 2021.
Madam President, Honourable Senators and
the public will know that the stress of the impact that
the coronavirus is putting on us continuously changes
on a daily and weekly basis. So the numbers do go up and down as the virus is being monitored. Thank you,

Thank you, Senator Curtis Richar dson, the Junior Minister for Health.
Would any Senator care to speak on this Public Health Extension Order?
Hearing none, then Senator Richardson you
can—
Sen. Robin Tucker: Madam President.
The President: I beg your pardon.

Sen. Robin Tucker: I’m sorry. I was having a bit of
delay getting my camera back on. May I just add a
few words?

The President: Senator Robin Tucker.
Sen. Robin Tucker: Yes.
The President: You have the floor.

Sen. Robin Tucker: Thank you, Madam President.
I just wanted to add that the Opposition has
no objection to this Bill. I just want to encourage the
listening audience as we continue to battle through
COVID -19. As of yesterday we have had 417 active
cases, which is very, very concerning considering how
well we had been doing up until recently. We are all


Bermuda Senate tired and we all want to get back to a sense of normalcy, but we have to do all that we can to ensure
that we contain the spread.
Everyone has a part to play in that . So if we
all do our part, then we can more quickly get back to that sense of normalcy. We would all like to have 24 th
of May, we would all like to have Cup Match, we
would all like to have all of the social gat herings and
everything that goes along with our day -to-day exis tence and what we are accustomed to.
So, I just wanted to add that piece as a general reminder for everyone to continue following the
protocols of the Ministry of Health, to encourage people to get vaccinated, and to be able to keep each
other and ourselves safe.
So, as I said, Madam President, we have no
objection to this extension emergency Order which obviously goes a long way to, again, helping to support keeping us safe as well. Thank you, Madam
President.
The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak on
this emergency Order?
Senator Ben Smith, you have the floor.
Sen. Ben Smith: Yes, good morning, Madam Pres ident.
The President: Good morning.
Sen. Ben Smith: I would also like to echo our support
on the Bill. I was wondering if we could a little information from the Junior Minister that would just help
the public have an understanding of where we are
from a vaccine standpoint and how we progress forward.
So, the 6 per cent that w e have fully vaccinated right now (I believe is the number that he gave) . . .
can he give us an idea of what that actual number is?
And then what will [the number be], the 70 per cent to
get to herd immunity, so that we can have an understanding of what t hat looks like? And how long do we
think that process will take for us to get to that point
considering the amount of vaccinations that we are
going through each week? Just so that we have an idea of when we would be able to get to herd immunity at the lev el that we are vaccinating at presently, just
so that we can encourage people for us to get there
so we can get our community back to a level of normalcy. Thank you.

The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on
this [Order]?
Hearing none, then Senator Curtis Richar dson, you can respond.
Sen. Curtis Richardson: Thank you, Madam Pres ident. And thank you fellow Senators for your questions.
Senator Tucker, we all appreciate your sent iments. For the questions from Senator Smith, I will not be able to give you exact figures right now. I will be
able to get them back to you most likely before the
end of the day. I do not want to just give the updated
numbers before I liaise with my necessary personnel.
If you can, just wait for that exact number.

The President: Thank you, Senator Richardson.
Are you expecting a response in the next few
minutes? Or do you want to —

Sen. Curtis Richardson: I am, but I would rather if he
could . . . for the expediency of time, for the sake of
time, I have two second readings to do. I could close
this matter and refer back to the questions once I
have the answers, maybe in between the two second
readings that I hav e to give that are also both Health
related. So I could get back to him.

The President: Indeed, Senator Richardson, then you
can proceed.

Sen. Curtis Richardson: Thank you, Madam Pres ident.
Madam President, I move that the said Draft
Order be approved and that the following message be
sent to Her Excellency the Governor.
“May it please Your Excellency:
“The Senate, having had under consideration
the Draft Order entitled the Public Health (COVID -19)
Emergency Extension (No. 2) Order 2021 proposed to
be m ade by the Minister responsible for Health under
the provisions of section 107A of the Public Health Act 1949, has the honour to inform Your Excellency that
the Senate has approved said Draft Order.”

The President: Is there any objection to the message
being sent?
Hearing none, then Senator Curtis Richar dson, a suitable message will be sent to the Governor.
Thank you, and thank you Senators.
[Motion carried: The Draft Order entitled the Public
Health (COVID -19) Emergency Extension (No. 2) O rder 2021 was approved.]
The President: We will now move on to item number
4 on our Order Paper, and that is the second reading
of the Public Health Amendment Act 2021. It is also in
the name of the Junior Minister of Health, Senator
Curtis Richardson.
You have the floor.

Sen. Curtis Richardson: Madam President, before I
begin with that, I do have the answers to Senator
446 31 March 2021 Official Hansard Report

Bermuda Senate Smith’s questions, if you will allow me to just provide
that to him.
The President: Absolutely, Senator Richardson. Carry on.
Sen. Curtis Richardson: There have been 37,788
vaccines administered. Herd immunity of 70 per cent
of the population of 64,054 people. Exact figures were
given last night. That is all I have right now for those
answers.
I can move to the second reading.

The President: Absolutely. You can carry on, Senator
Curtis Richardson.

Sen. Curtis Richardson: Madam President, I move
that the Bill entitled the Public Health Amendment Act
2021 be now read a second time.
The President: Is there any objection to that motion?
No objection, Senator Richardson, carry on.

BILL

SECOND READING

PUBLIC HEALTH AMENDMENT ACT 2021

Sen. Curtis Richardson: Madam President, the Public Health Amendment Act 2021 and the Quarantine
Amendment Act 2021 were tabled. Each will be debated in turn; however, they are minor Bills making
the same provisions under two Acts. So I will give a
full Statement for the Public Health Amendment, but
we will be very bri ef for the Quarantine Amendment to
avoid repetition.
Madam President, the Public Health Amendment Act 2021 and the Quarantine Amendment Act
2021 provide for a fixed penalty regime for the enforcement of COVID -19 prevention measures. This
will enhance exi sting enforcement provisions to ensure the safety of our residents, in particular the most
vulnerable. The purpose of this legislation is to pr ovide for the creation of a ticketing regime for breaches
of the Public Health and Quarantine legislation that
relate to COVID -19 in order to regulate actions that
present a material risk to the public. The regime is to
be along the lines of that of the Traffic Offences (Penalties) Act 1974 where the hearing of any defence to
an alleged breach will be in court. The aim is to relieve
pressure on the courts in the enforcement of straightforward, existing offences.
Madam President, as we are all aware, the
COVID -19 pandemic has been raging locally for over
a year and is likely to persist throughout 2021. Compliance with public health and traveller rules is generally high. But when breaches occur, enforcement is difficult because of the prolonged process required to prosecute offenders through the courts. The types of
breaches that occur can be categorised into three
types: (a) serious breaches that immediately endanger public health and safety; (b) material breaches
that present high risks of COVID -19 transmission; and
(c) minor breaches that introduce the risk of COVID -
19 threat.
Madam President, serious breaches such as
knowingly exposing others to a communicable di sease will be prosecuted through the courts as required
by the relevant legislation. Minor breaches such as
not wearing a mask in a public place can be addressed with a simple reminder by any member of the
public or an enforcement or health officer. Material
breaches fall between the other two in nature and in
risk. Such breaches include, for example, withholding
contact tracing information from a health officer or par-ticipating in or hosting a gathering above the number
legally allowed. The material breaches are the types
of offences to which a fixed penalty is intended to be
attached.
It is proposed that such breaches can be be tter enforced with a fixed penalty or ticketing regime by authorised officers. The Ministry of Health consulted
with the Bermuda Police Service, with the Director of
Public Prosecutions, with the Magistrate’s Court, and
with the Attorney General’s Chambers in the deve lopment of the policy for a ticketing regime for the enforcement of C OVID -19 enforcement measures. I wish
to express my gratitude and the Ministry’s gratitude to
all of these departments, and in particular to the Director of Public Prosecution, the Attorney General’s
Chambers and Ministry officials for all of the work undertaken to complete the draft Bills before the Chambers today.
With those introductory remarks, I would welcome any questions, Madam President.

The President: Thank you, Senator Curtis Richar dson. Would any Senator care to speak on either one
of these Bill s? And please identify which one you are
referring to.
The floor is open.
Senator Robin Tucker, you have the floor.

Sen. Robin Tucker: Thank you, Madam President.
I just want to start by saying that I think we’re
in a bad, bad day when we have to get to the point of
issuing tickets to people who—
The President: Senator Tucker, can you speak a little
louder or closer to the microphone? We are hardly
hearing you.

Sen. Robin Tucker: Madam President, is this a bit
better?
The President: That is better. Thank you.



Bermuda Senate Sen. Robin Tucker: Okay. Thank you.
I just want to start by saying that I think it is a
bit sad when we get to the point where we have matters of life and death and we have to get to the point
of issuing tickets to people to follow the rules to keep
everyone safe. However, we are where we are, and I
do think that this Bill will relieve the pressures on the
courts which are obviously overtaxed and finding it
difficult to keep up with scheduling and bringing pe ople into court in a timely manner.
So, I will say from the outset that we have no
opposition to this particular Bill. However, I do have a
point of concern that I would like to raise. It is really to
do with empowering the public health officers to be
able to issue tickets. It is a lot of authority given to the public health officers, and that is a little bit of concern,
particularly as they are not trained to be able to do
such a task.
And then the other side of it is also because
the public health officers will be issuing tickets to peo-ple who are obviously intent on not following the law,
and there are other issues that can arise from that,
which the public health officers may not be in a pos ition to be able to deal with. So, that is just a point of
concern that I did want to raise, althou gh, as I mentioned, there is no opposition to the Bill itself. But that
is a point of concern for me.
Thank you, Madam President.

The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak on
this Bill, the Public Health Amendment Act 2021?
Hearing none, then it is back over to your
Senator Richardson.

Sen. Curtis Richardson: Thank you, Madam Pres ident.
This was a kindly reminder, as well, vaccine
stats are reported by the Minister of Health every
Tuesday for updated number s.

SUSPENSION OF STANDING ORDER 26

Sen. Curtis Richardson: 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.]

BILL

THIRD READING

PUBLIC HEALTH AMENDMENT ACT 2021
Sen. Curtis Richardson: Madam President, I move
that the Bill entitled the Public Health Amendment Act
2021 be now read a third time.

The President: A second time.

Sen. Curtis Richardso n: This is closing out the second reading for the Public Health Amendment Act
2021, Madam President.

The President: Is there any objection to that motion?
No objection.
Carry on, Senator Richardson.
Sen. Curtis Richardson: Madam President, I move
that the Bill do now pass.
The President: You need to do the third reading,
Senator Richardson.
The Clerk: He just did that.

Sen. Curtis Richardson: I just did that, Madam President. I did the second reading. I read it.

The President: I beg your pardon.

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

The President: It has been moved that the Bill ent itled the Public Health Amendment Act 2021 do now
pass.
Is there any objection to that motion?
No objection.
The Bill has passed.
Thank you, Senator Curtis Richardson.

[Motion carried: The Public Health Amendment Act
2021 was read a third time and pass ed.]

Sen. Curtis Richardson: Thank you, Madam Pres ident.

The President: We will now move on to the fourth
item which is the Public Health Amendment Act . . . I
beg your pardon. We will now move on to the fifth item which is the Quarantine Amendment Act 2021. Senator Curtis Richardson, it is in your name. You have the
floor.

Sen. Curtis Richardson: Thank you, Madam Pres ident.
448 31 March 2021 Official Hansard Report

Bermuda Senate I move that the Bill entitled Quarantine
Amendment Act 2021 be now read a second time.

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

BILL

SECOND READING

QUARANTINE AMENDMENT ACT 2021

Sen. Curtis Richardson: Thank you, Madam Pres ident.
Madam President, the Quarantine Amendment Act 2021 , was tabled previously [with] the Public
Health Amendment Act 2021 we have just discussed.
The difference between the two is that the Quarantine
Amendment applies to persons before they are landed, and the Public Health Amendm ent makes prov ision once persons are landed in Bermuda.
The purpose of this legislation is to provide for
the creation of a ticketing regime for breaches of the
quarantine legislation that relates to COVID -19 along
the lines of that of the Traffic Offenc es (Penalties) Act
1974 where the hearing of any defence to an alleged
breach will be in court. The aim is to relieve pressure
on the courts in the enforcement of straightforward
offences.
As the provisions are identical, to avoid repet ition and save my h onourable colleagues time, I will
not make any further remarks at this time. With those brief introductory remarks, I will
welcome any questions, Madam President.

The President: Thank you, Senator Curtis Richar dson.
Would any Senator care to speak on t his Bill?
Senator Robin Tucker, you have the floor.
Sen. Robin Tucker: Madam President —

The President: Senator Tucker.
Sen. Robin Tucker: Yes, Madam President.

The President: You need to speak closer to micr ophone. We are hardly hearing you again.

Sen. Robin Tucker: Madam President, can you hear
me now?

The President: That is better, that is better. Thank
you.

Sen. Robin Tucker: Again, I just want to express the
Opposition’s support. Any initiatives for this particular Bill, any initiatives that o bviously will help get us back
to any sense of normalcy we obviously support. So, thank you, Madam President, I just wanted to confirm that we have no issues with the Bill.
The President: Thank you, Senator Tucker.
Would any other Senator care to speak on
this Bill?

[Inaudible interjections]

The President: It would appear that no other Senator
wants to speak on this Bill, so Senator Richardson,
you can carry on.

Sen. Curtis Richardson: Thank you, Madam Pres ident.
I do have some responses to questions after I
move this Bill. Do you want me to give the answers
after I move it?

The President: You can give them now if you have
the answers to the questions, absolutely.

Sen. Curtis Richardson: Okay. Senator Tucker
asked with regard to the enforcement. Only the police
will issue tickets, and they will assist in training public
health officers in the proper process and procedure.
Public health officers will be trained before they issue
tickets. That was in regard to our Public Health Amendment Act question.
Yes . . . that is it. I do apologise. That is it right
there.

SUSPENSION OF STANDING ORDER 26

Sen. Curtis Richardson: With that said, Madam
President, I move that [Standing Order] 26 be sus-pended in respect of thi s Bill—
The President: Is there any objection to that motion?
No objection.
Carry on.
[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

QUARANTINE AMENDMENT ACT 2021

Sen. Curtis Richardson: Madam President, I move
that the Bill entitled the Quarantine Amendment Act
2021 be now read a third time.

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



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

The President: It has been moved that the Bill ent itled the Quarantine Amendment Act 2021 do now
pass.
Is there any objection to that motion?
No objection.
The Bill has passed.
Thank you, Senator Curtis Richardson.

[Motion carried: The Quarantin e Amendment Act 2021
was read a third time and passed.]

Sen. Curtis Richardson: Thank you, Madam Pres ident and Senators.

The President: We will now move on to item number
six, which is the second reading of the Criminal Code Amendment (Non- Consensual Sharing of Intimate
Images) Act 2021.
This is in the name of the Honourable E. G. B.
Peets, spokesman of Legal Affairs and Government
Leader in the Senate. Minister Peets, you have the
floor.

Madam President, I
am pleased to introduce to this Honourable Senate
the Bill entitled
Criminal Code Amendment (NonConsensual Sharing of Intimate Images) Act 2021 . I
move that it now be read a second time.
This Bill seeks to amend the Criminal Code
Act 1907 by creating new criminal offences and penalties relating to the non -consensual sharing of intimate
images or prohibit digital recordings that would apply to sending or threatening to send intimate images or
recordings without consent.
The Bill also creates the offence of observ ations or making visual recordings in breach of a persons’ privacy. Madam President, when the Attorney General
and Minister of Legal Affairs and Constitutional R eform tabled the Bill in the Honourable House last week, she gave an overview of the aims of the Bill and the problem it intends to address. The Bill is principally modelled on similar amendments to the Queens-land, Australia’s Criminal Code as enacted in Febr uary 2019.
As legislators we know that the law is often in
a state of playing catch- up to novel ideas, codifying
new offences to capture the evolving ways that humans cause harm to each other and keeping pace
with technological advancements in our digital age.
The phenomenon of a new technology facilitated
abuse, colloquially called “revenge porn,” now r equires that we c onsider adding new offences to the
Criminal Code Act 1907 to address this abhorrent problem.
What is “revenge porn,” some might ask? R evenge porn, sometimes called “non- consensual porn,”
typically involves a sharing of content that is related to sexual i ntimate activity without the consent of the person depicted. Often the threat to share or distribute
intimate images or recordings is used to cause alarm
or distress, to blackmail, or to exert undue control over
someone.
Revenge porn is a crime that, regrettably,
mostly affects women. It is often thought of in the con-text of a romantic or intimate relationship between the
parties involved. But this need not be the case. By
some records , one in eight social media users report
being a target of some form of non-consensual porn
incident. The rapid advances in technology means
that more and more of our human activities are being
captured online or in digital content. As a cons equence, the speed and connectivity of technological
advancement s, like the Internet and social media platforms accessible by our smart devices, accelerates
and exacerbates the risks and harms associated with sharing intimate images and recordings.
Madam President, it can be said that today’s
technology -driven society has created new tool s for
an old phenomenon. In that sense, it is true that li mited legal consequences exist under our existing
communications laws for conduct which is somewhat
similar to what is being proposed in the Bill. For i nstance, offences in the Telecommunications Ac t 1986 ,
section 53, and the Electronic Communications Act
2011 , section 68, may apply in very limited circumstances. The offence in each of those Acts is for the “improper use” (quote/unquote) of a public communi-cation or telecommunication service. These prevailing
offences ban the sending of messages or other matter
that are grossly offensive, indecent, obscene or menacing over a communication service or telecommunication service. However, those offences, even if
stretched to the widest possible legal interpretation, can be seen as inadequate to address the contempo450 31 March 2021 Official Hansard Report

Bermuda Senate rary issue of revenge porn and the abusive behaviour
that it is predicated upon.
Also, there are no expressed criminal provisions in the existing law that deal specifically with the
threat to dis tribute offending images. The public expects an effective law enforcement apparatus for
these types of offences. The provisions of this Bill will
modernise the criminal law to keep pace with techn ological advancements.
Madam President, the relevant offenc es pr oposed within the Bill for inclusion in the Criminal Code
Act 1907 are:
• observations or recordings in breach of priv acy;
• distributing intimate images;
• distributing prohibited visual recordings; and
• threats to distribute intimate images or prohi bited visual recordings.
Madam President, the offence of observations
or recordings in breach of privacy (inserted by section 199A into the Criminal Code Act 1907) protects an
individual’s dignity as well as expectation to be affor ded some privacy. The offence occurs where a person
observes or visually records another person without
their consent in breach of the other person’s privacy.
There are two types of breach of privacy offences un-der this provision. The first deals with situations co ncerning observing or visually recording private acts
like showering, using the bathroom or other activities
in a state of undress in a private place. The second
relates specifically to observing or recording a person’s genit al or anal region. Real life situations such
as unlawful surveillance or hidden cameras will be
captured by this offence.
Madam President, the offence of distributing
intimate images criminalises conduct where a person
distributes intimate images of anoth er person without
consent in a way that would cause a person distress.
Intimate images are defined in clause 2 as meaning
moving or still video images depicting another person
engaged in intimate sexual activity not ordinarily done
in public, the person’s genital or anal region, bare or
covered only by underwear, or a person’s breasts. In revenge porn- type cases, victims are often left without
justice because of an unfair evidential burden to prove the intent of the perpetrator, or that the victim suffered actual harm as a result of the distribution of the int imate image. To address this, the proposed provisions expressly state that it is not required to prove that the accused person intended to cause distress or that
distress was actually caused by the dist ribution of an
intimate image. Distress need only be reasonably ari sing in all of the circumstances.
Madam President, under this provision a person can be guilty of the offence even if the image has
been digitally altered. Digital alternations could be
used to create a false intimate image appearing to be
of the victim, or an image could be obscured yet still depicts the victim in a sexual way. By ensuring digita l-ly altered intimate images are captured by the new
offences, the provisions are also future- looking as
they can apply should our local law enforcement offi cers have to deal with Deep Fake images made using
artificial intelligence technology.
A statutory defence of justification in the public good is provided for in this offence. It applies where the distribution of an intimate image is conducted in
the interest of justice, science, medicine or education.
Madam President, the proposed offence of
distributing prohibited visual recordings applies when a person distributes a prohibited visual recording of a
person without that person’s consent. A “prohibited
visual recording” is defined as a recording taken
where there is an expectation of privacy of a person
engaged in a private act in a private place or of a per-son’s genital or anal region, whether bare or covered only by underwear. The person distributing the prohi bited visual recording must have believed it to be a
prohibited visual recording i n order to be found guilty
of the offence.
Sadly, Madam President, recognising intimate
images or prohibited visual recordings may also take
the form of threats to distribute the content in ways that undermine trust that formerly existed between the
parties, or the images or recordings would simply fall
into the wrong hands of someone set to exploit the
situation. Oftentimes the threats to distribute may
even be made against another person not depicted in
the image but who would suffer harm nonetheless.
For example, threats may be made to an employer about an employee, or to a parent or family
member of the person depicted in the image or r ecording. To address this, the proposed amendments
also create a new offence of threats to distribute int imate images or prohibited visual recordings. This offence applies to threats made that would cause di stress and fear to the person depicted in the image or recording to another person. The intimate image or
prohibited visual recording does not have to exist for
the of fence to occur.
The rights to distribute remain a criminal offence even if the subject matter is imaginary or fict itious. The perpetrator of threats to distribute often
hopes to expose, humiliate, embarrass or cause repu-tational damage to their victim. Undoubtedly, the
stress and trauma imposed on the victims of such acts
and their families can be far -reaching. Suicide or attempted suicide has been known to happen in some
of the gravest cases. For the purpose of the offence of
threats to distribute it is im material that the person
making the threats intends to cause or actually causes
fear. This way justice remains accessible to victims.
Madam President, to operate as an appropr iate deterrent and to ensure that the seriousness of the offence is understood b y the public, the penalties for
all of the proposed offences are up to three years of
imprisonment on summary conviction and up to five
years imprisonment on indictment.


Bermuda Senate Further, Madam President, victims of the
crimes codified in this Bill are likely to w ant to have a
remedy from the court that can seek to stop the distr ibution of any unlawful images and have them deleted
altogether. In this regard, provisions are made in the Bill to allow the court to make a rectification order ordering the removal, retraction, recovery, deletion or
destruction of any offending images after a successful
prosecution.
Madam President, this Bill deals only with the
criminal aspects of revenge porn issues. It achieves
this by creating relevant offences and proportionate
penalt ies to dissuade offending behaviour. Provisions
in the Bill also ensure that cases can be successfully
prosecuted without undue evidential burdens on the part of the victim. We are mindful that the criminal law
can sometimes be a harsh instrument to addres s contemporary social and moral issues. Deterring the of-fending behaviour and effective punishment [cannot ]
be the only tool to address the revenge porn problems. Criminal justice approaches must be supported
by other solutions encompassing civil law remedies,
public awareness, education and other community -
wide efforts.
Individually and collectively we all have a r esponsibility to be vigilant and discerning about the
types of images and recordings we participate in, es-pecially if they were captured on the most intimate
activities. We ultimately know that in today’s digital age, we have little control over most content captured
in the digital form.
It is anticipated, Madam President, that the
proposed amendments to the Criminal Code will d irectly protect v ictims of revenge porn and others
whose privacy would be violated by misuse of intimate
images and private recordings occasioned by the
misuse of the Internet in the 21
st century advancement
of connectivity .
This achieves the Government’s Throne
Speech commitment to protect victims of such cyber
offences. Creating a criminal justice framework will
also indirectly protect societal values by upholding
privacy and personal protections from the irreparable
harm that such violations inevitably impose on others .
With these remarks, Madam President, I
move that the Bill be committed. Thank you, Madam
President.

The President: Thank you, Minister Peets and
spokesperson on Legal Affairs and Government
Leader in the Senate.
Would any Senator care to speak on this Bill?
Senator Markus Jones, you have the floor.

Sen. Marcus Jones: Good morning, Madam Pres ident, and good morning to my fellow Senators, and
good morning to the listening audience.
I am a bit saddened that we as legislators
have to come to this Chamber and consider and con-template this particular piece of legislation. But it is
timely, it is necessary, and it is critical to protect all of
our citizens, not just the adults who have been outlined and can run afoul of the law and be subject to
criminal con victions. But, Madam President, I think all
of us around this Chamber would recognise and know
that this practice of revenge porn through this medium
is being practiced by our children —our children under
the age of 18.
It has become a scourge in our community
and we see the outcome in the damage that has been
done. If I would have any hesitancy or concern about
this Bill, it would be to question the length of time of
imprisonment for such a heinous act that can be done
to persons whose reputations, whose s tate of mind,
whose psychological status would possibly be in permanent damage. We need to consider if these actual
[penalties] will act as enough of a deterrent. As a
community and the Government we need to do our
best to educate and inform our children a nd their parents—or shall I say the parents and then the chi ldren—so that they will know that not only can this do
much damage, but it can be something on their records as the perpetrators of this.
Now, technology can be good. And technol ogy can be used for the bad. And it is situations like this
where we as legislators must ensure that the legisl ation that we contemplate is modern, is up- to-date, and
can deal with these issues head- on. So, my one question to the Senator would be: Does the Government
have any remedy that can be followed up on to actua lly deal head- on with those children under the age of
18 who cannot be convicted by the law? There should
be some form of discipline, some form of remedy to
address that age group which goes beyond just education, but goes to actually bringing about some form
of punishment for that age bracket that runs afoul of
this particular piece of legislation.
But we support this, Madam President. It is
timely. It is a critical piece of legislation and we have
no object ions.
Thank you, Madam President.

The President: Thank you, Senator Marcus Jones.
Senator Michelle Simmons, you have indicated you would like to speak. You have the floor.

Sen. Michelle Simmons: Thank you, Madam Pres ident.
I am very happy that the Government has
brought this Bill forward today. I just want to say that
this revenge porn is really sexual and psychological
abuse. Senator Jones has focused on the fact that,
yes, unfortunately some of our children are using it at
the end of failed relationships, or even in the midst of
relationships that are going south. But it has been
around for a while, and even amongst adults.
It was as Minister Peets was speaking that I
remembered a situation which I had to deal with many
452 31 March 2021 Official Hansard Report

Bermuda Senate years ago. Unfortunately, it was one which could have
ruined the life of an individual. At that time, of course,
there was no legislation like this to deal with the matter. This form of abuse has certainly been on the rise.
But I just stress, it has been ar ound for a while and
adults are using it [and] children are using it to humil iate, intimidate and ridicule the subject of the abuse.
So it is really important that this Bill should
pass because steps need to be taken to deal with i ndividuals who are abusi ng others in our community
through these very dastardly acts.
Thank you, Madam President.

The President: Thank you, Senator Michele Si mmons.
Would any other Senator care to speak?
Senator Robin Tucker, you have the floor.

Sen. Robin Tucker: Thank yo u, Madam President.
I would like to add my sentiments to my fellow
Senators who have already spoken. I just wanted to
add just a few comments.
This Bill, speaking to the seriousness of the
nature of sharing intimate images and the like, is a
great thing. It has the potential to create reputational
harm, psychological harm and embarrassment. And
particularly in this very close community, I think that
those impacts could potentially be even worse because we are such a small community. This Bill is definitely something that is needed and has been needed
for quite some time, as Senator Simmons has already
mentioned.
I just had a couple of observations. One is
that the image—

The President: Senator Tucker, can you raise . . . we
cannot hear you well enough. Can you speak closer to
your microphone?

Sen. Robin Tucker: Yes, Madam President.
So my observations were just that the offending material will not be able to be removed until after
the matter has gone to court and the courts have dealt
with it and there is a conviction. So, just by observ ation I think that it would be great if once the report is
made, and the complaint is made, that those images
could be removed at that particular point . And as I
mentioned, particularly because we are in such a
small, close -knit community, by the time the issue actually gets to court, potentially thousands of people
will have already seen it and the damage is already
done. So that is one observation.
And my second observation is that it would a lso have been great to be able to see something that
speaks to restitution, because, again, there is reput ational damage that could be done. People could potentially lose jobs as a result. As I mentioned earlier,
[there could be] psychological harm. You know people
could potentially have to get counselling and they would have to bear the cost of that if there is any cost
associated with actually having those images r emoved. And the chances are that the victim may hav e
to actually deal with that. So there should be the p otential for restitution having to be awarded to victims
of these . . . of the sharing of images.
Those are just two of the observations that I
have as I have read through the Bill. As I mentioned, I
think that the Bill is a great thing. As Senator Jones
mentioned, obviously we are in support, and I think it
is a good think.
Thank you, Madam President.

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

Sen. Owen Darrell: Yes, Madam President.

The President: Senator Darrell.

[Inaudible interjection]

Sen. Owen Darrell: It was Senator Lindsay [Si mmons].

The President: Oh, I beg your pardon. I am not seeing and I am not hearing.
Senator Lindsay Simm ons, if you are pr epared to speak certainly do so.

Sen. Lindsay Simmons: Yes, Madam President.
First of all, I would like to thank the Attorney
General and her Chambers for bringing this Bill
through. I personally know of situations where people
have been affected by this. I know of one young lady
who could not get a job because of pictures that circ ulated around about her. I know of another young lady
who is depressed, and this happened years ago. She
still holds her head down because of images and vi deos that went around about her. She has not been
able to get over the effects of some pictures and i mages that have been around. So I think that this Bill is
very important because it protects women, men as
well, and it also gives us an avenue to get just ice.
Madam President, I would like to speak of a
personal experience that happened to me when I was
23. I did not know that at age 23 I would be raped,
stabbed and beaten up [so] badly that my life drast ically changed. I have no problem speaking of this because I think it empowers people to know that it can
happen to anybody. But, Madam President, what I am
actually talking about [is not only] what happened in
that moment, but what happened afterward which affected me even more than I thought.
After my ca se went to trial and he was found
guilty, I had some people come up to me and let me
know that they had seen pictures of me. I did not
know what they were talking about, Madam President.


Bermuda Senate Intimate pictures. Luckily, when I was 23 social media
was not how it is today. It was pretty much dead.
These images . . . a few people, and it is only a few
people that I could speak of, that came back and told
me that they saw these images. It was men and women. And that actually bothered me more than the act
itself that happened to me when I was raped and
stabbed. For someone to see me in such a vulnerable
position was horrible.
So, I do think that this Bill is important b ecause I could not image being in the year 2021 and
those images being sent around of me through social
media. You know, not only will people in Bermuda see
it, but around the world. And I know I had to dig deep
to get over my images being seen by a few. But for
most to see, Madam President, I am not sure how
deep I would have had to dig to get over it.
So I thank the Attorney General and her team
for putting this Bill through because this is important
and it is long overdue. So thank you. And I think that
this is a step in the right direction, definitely.
Thank you, Madam President.

The President: Thank you, Senator Lindsay Si mmons.
Would any other Senator care to speak on
this Bill?
Hearing none, I would just like to make a
comment myself, as someone who has worked in
mental health in my past life in counselling, particularly at St. Brendan’s Hosp ital, as [it was previously]
known, and today known as the Mid- Atlantic Wellness
Institute.
I have had to counsel individuals who have
not only been threatened, but who have been blac kmailed with regard to this type of . . . and even though
it was not at that time so easy to put it on the Internet,
they were threatened physically and mentally and
through phone calls. So I too support this Bill.
And I support Senator Tucker’s view about
that interim period when the person is waiting to go to
court. What happens in that situation? I want to know
if anything else can be done about such images.
So, Minister Peets I would hand over to you
for you to address some of the comments, or the i ssues, or questions that have been raised.
Senator Peets, spokesperson for Legal Affairs
has presented the Bill. It is over to you, sir.

Thank you, Madam
President.
I certainly thank all of the Senators on this call
as well as all of the parliamentarians who have had
input on this Bill. I would imagine that we are doing
this for the protection of our community, particularly
the most vulnerable among us. And for all of those
individuals who have suffered because of this, we ce rtainly thank them for their bravery. We certainly want to admonish all who are listening about the i mportance of this particular Bill.
I do have some information that I can give to
the Senators this morning who have raised questions.
The first question, I believe came from Senator Jones.
Yes, Senator Jones, your question I think is a question that will be quite popular when people are talking
about this particular Bill. As this Bill is progressing
through our deliberation today I can tell you that there
is no distinction based on age in the proposed offences in this particular Bill. Offences already exist for
child pornography offences which have a higher penalty. So hopefully that will also shed some light on
your question.
Also, I can let Senat ors know that the government has a Cybertips section and they provide a
wealth of information as well as putting on workshops
and seminars, not just for senior citizens, or for us
who are adults but they also spend significant time
working with youth and y outh organisations engaging
them around the responsible use of the Internet and
the dangers and the pitfalls of social media, particularly as it relates to these types of behaviours. So we
certainly thank them for that and we certainly encourage all of the Senators, please, in every circle of infl uence that you have, please share more information
about this particular Bill so that people are made
aware of its provisions.
Regarding remedies and restitutions, which I
think was a question from Senator Tucker, victims can
independently pursue civil law claims outside of the
criminal offences. Persons are always advised to consult with an attorney as to whether any civil remedies
or restitutions may be available as such; each case
sort of turns on its own partic ular facts. In other common- law jurisdictions some claims have been for the
misuse of information, a breach of confidentiality, defamation of character, harassment, copyright or inte llectual property infringement. So in addition to what is
provided within this particular Bill there are also rest itutions and remedies that can be sought civilly.
Regarding the question, or the suggestion
around the removal of images, of course the Bill
spec ifies that upon conviction the court can make an
order for the removal of said images, and so on and
so forth. I do take that note. I certainly will bring that
information to the Attorney General’s Chambers about
that. But what I can say about that is that while the
case is being prosecuted through the courts, it is ill egal for any of those images to be disseminated an ywhere. And the public need to be aware of that.
So, even though the court at the moment
does not have the provision to remove those images
from the potential perpetrator’s computer or phone
while the trial is going on, out there online and on the
Internet any circulation of inappropriate material is an
offence. And persons need to be guided by that. Perhaps we can do some education so that people know
what to do in the event that inadvertently their phone
454 31 March 2021 Official Hansard Report

Bermuda Senate has received a message from somewhere with mat erials that will be considered to be inappropriate and in
breach of this particular Bill.
Having said that, Madam President, if there
are no other questions or comments, I move that the
Bill now be read a third ti me.

The President: Minister Peets, you need to do the
second reading again.

Madam President, I
move that the Bill do now pass.

The President: It has been moved that the Bill do
now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The Criminal Code Amendment (NonConsensual Shar ing of Intimate Images) Act 2021
was read a third time and passed.]
The President: Thank you, Minister Peets, spokesperson on Legal Affairs and Government Leader in
the Senate. And thank you to all Senators who have
spoken on this Bill.
We will now move on.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBITUARY SPEECHES

The President: Would any Senator care to speak on
this?

Today I am so excited, Madam President. I was on Facebook Live last
night watching the National Men’s Football Team at
IMG Academy in Florida face against Aruba. It was an exciting match. We are happy to report to the listening
audience who w ere not aware that we won that match
5 to nil. So congratulations to the team, the coach and
the entire BFA. I know as a country we are certainly
proud.

The President: Thank you, Minister Peets.
Senator Michelle Simmons, you have indicated you want to sp eak. You have the floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident. And that is excellent news about the Bermuda
football team. I would like to join with Minister Peets in
sending congratulations.
Madam President, it has been a really busy
week f or us. And there is another person I would like
to mention in order for condolences to be sent to the
family. And that is Mr. Kenneth A. A. Richardson,
CVO, CBE. He was a gentleman who I found always
exuded warmth wherever he was. And it was obvious
that he was a real people person. People gravitated
toward him. Mr. Richardson was a true family man.
And we are also thankful that he was able to serve the people of Bermuda in several different government
positions, but most notably in the position in the top
civil service position, of Cabinet Secretary. And that
was between 1984 and 1993. And I believe I am correct in saying that as Cabinet Secretary then, he was
also Head of the Civil Service because the two pos itions were one.
Mr. Richardson served as Cabinet Secretary
during a very critical period in Bermuda’s history. And I think that his example as an exemplary public ser vBermuda Senate ant is one we should be encouraging others to em ulate. So, Madam President, I am asking that condolences be sent to his wife, Brenda, h is children, A ndrew and Tammy, his grandchildren and all of his fa mily and friends. We have lost three very notable public servants very recently. And I just could not end this
session without mentioning Mr. Kenneth A. Richar dson. Thank you, Madam President.

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

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

The President: Good morning.

Sen. Ben Smith: I would just like to be associated
with the comments brought by the Honourable Mini ster regarding our football team and the amazing result
from last night. That result, specifically when you understand the amount of interruptions and things that
they have had to change under the COVID -19 regul ations with the amount of testing and having their
coach separated from them and some of the players separated, just the amount of things that they have to
go through in order for them to get to this point, that
makes that result even mor e impressive. I know the
entire country is proud of them, and we will continue
to root for them on their journey. Thank you.

The President: Thank you, Senator Ben Smith.
Senator Robin Tucker, you have indicated you
want to speak. You have the floor.
Sen. Robin Tucker: Thank you, Madam President.
Can you hear me okay?
The President: Yes, we can hear you—
Sen. Robin Tucker: Okay, great.
The President: —very good.
Sen. Robin Tucker: Okay. Thank you.
First, I would like to associate my comments
with Senator Simmons’s remarks concerning cond olences for the family of Mr. Kenneth Richardson.
I would also like to send condolences to the
family of the former Chief Justice of Bermuda, Sir Austin Ward, who came to Bermuda from Barbados in
1969 and remained here until his retirement in 2004.
Chief Justice Ward served Bermuda in a variety of
ways, including magistrate, Registrar of the Supreme Court and, of course, as Chief Justice. I believe that
we are all thankful for Chief Justice Ward’s service to
Bermuda. And so I just wanted to extend condolences to his family overseas and obviously local, his family
and his friends.
Next, congratulations. I wanted to say congratulations to Mr. and Mrs. Erwin and Winifred Jones
on celebrating their 70 years of marriage. I realise it
has been a while since that announcement has been
made. But since we have been so focused on budget,
I am a little bit behind. But I did not want to miss congratulating them. So 70 years, if anyone has been
married, they know that 70 years is a very long time.
And they absolutely need to be congratulated for ma king it that far.
Again, congratulations to Beverly Jo an Smith,
who has fairly recently celebrated her 100
th birthday.
And that is a very big deal, so congratulations to her.
Also to S hiona Turini, who is a Bermudian
consultant, fashion stylist and costume designer who
has recently had a feature in the New York Times T
Magazine, which has a readership of over 4 million
people. So that is a big deal for one of our Bermudian
celebrities.
Congratulations to Bermudian Dr. Meliseanna
Gibbons, who is completing her residency in Bus hwick, Brooklyn. Dr. Gibbons was the first medical pr ofessional to make a formal declaration of a COVID -19
death in New York. So thank you to her and her com-mitment to the medical field and doing what she does
being on the front lines of COVID -19.
I would also like to say congratulations to
Amelia Oatley, who was recently called to the bar. I
read Ms. Oatley’s story in the newspaper, and som ething in particular stood out to me as she thanked her
pupil master and all of those who helped with her training. She expressed thanks to three strong women
who have taught her the skills she needed to succeed.
They shared the wisdom and standard that she aspires to succeed. So again, congratulations to Ms.
Oatley. And of course, thank you to the three women
who have mentored her. And so thank you for women
supporting women.
And lastly, I would like to offer congratulations
to all of the Ministry of Education Scholarship recip ients. If I may, Madam President, I would like to read
their names and their programmes of study.

The President: Certainly you may, Senator.

Sen. Robin Tucker: Thank you.
• Jaiden Furbert -Jacobs, who is studying Act uarial Science;
• DesRon deShield- Burchall, S oftware Eng ineering;
• Jah-nai Smith, Psychology;
• Kairo Morton, Computer Science;
• Anna Francoeu, Liberal Arts;
• Jacari Renfroe, Motor Vehicle Technology;
• Alexis Stovell, Mass Communications and
Media Studies, with a minor in Business;
• Corynne Edwards, Midwifery;
456 31 March 2021 Official Hansard Report

Bermuda Senate • Trikeita Outerbridge, Digital News and Media;
• Chiante Roberts, Teacher Certification in
Special Education; and
• Sierra Reid, a Master’s Degree and Teacher
Certification in Moderate Disability Initial License.
So I just wanted to say again thank you to all
of those people, and congratulations to the Ministry of Education Scholarship recipients. I just want to send a special note to them letting them know that Bermuda
absolutely needs them and looks forward to their contributions in the community during and most definitely
after they complete their course of study.
Thank you, Madam President.

The President: Thank you, Senator Robin Tucker.
Would any other Senator care to speak?
No? Hearing none, then I would like to ass ociate —
I beg your pardon.

Sorry, Madam President. I just wanted to inform Senators that we did lose David Burch, also known as “Papa D.” He is one of
our local entertainers, and he of course was very, very
special to us as relates to his contribution. Some of
you may know that he was the founder and popular
singer for the group The Rainbows, which performed
all over the Island and participated in many of the battle groups way back in the day. We certainly want to
send out our thoughts and prayers to his family and
extended friends and family.
Thank you, Madam President.

The President: Thank you, Minister Peets.
Would any other Senator care to speak?

[Pause]

The President: Hearing none and seeing no indic ation, I would just like to associate m yself with the co ndolences that Senator Michelle Simmons has extended to the family of Mr. Kenneth Richardson and par-ticularly to his wife Brenda, to the children Andrew and
Tammy.
I would also like to join Minister Peets, and I
am sure all Senators would like to join Minister Peets
with regard to Bermuda’s win last night. We need some positive information, positive. And so I think the
Bermuda team has done exceedingly well, and we
congratulate everyone who was involved in helping
them achieve that.
So with that, then I turn it over to the Honourable E. G. B. Peets, spokesperson on Legal Affairs
and Government Leader in the Senate, with respect to our adjournment.
Minister Peets.
ADJOURNMENT

Thank you, Madam
President.
I do apologise for actually speaking twice during congratulatory and obituary remarks. I will make a
correction for that in future sessions.
Madam President, thank you for your hard
work. Thank you to those who guided us through our
committees for the Budget Debate. Thank you to the Opposition and our Independent Senators.
I would like to make a motion that we adjourn
the Senate until May the 12
th.

The President: Thank you, Minister Peets.
Would Senator care to speak on the motion to
adjourn?

Some Hon. Senators: Yes, Madam President. I
would.

The President: Senator Arianna Hodgson, is that
you?

[Inaudible interjections ]

The President: I beg your pardon. I am trying to see
who it is. Can you identify who it is, please?
[Inaudible interjecti ons]

The President: I see “Bermuda Cabinet.”

Sen. Lindsay Simmons: I defer to Senator Tucker.
The President: Senator Robin Tucker, you have the
floor.
Sen. Robin Tucker: Madam President, I do apol ogise. My video was on, but I did not realise that I was
talking with my hands.

[Feedback ]

The President: Do you want to speak on the motion
to adjourn?
Sen. Robin Tucker: No, Madam President. I do not.
The President: Senator Lindsay Simmons, then you
have the floor.

SENATOR L. SIMMONS’ POLITICAL JOURNEY

Sen. Lindsay Simmons: Thank you, Madam Pres ident.
Madam President, with my quest to become a
better politician, Senator, Junior Minister, I would like
to thank a few people who have helped me so far in
my journey. I would like to give a big shout -out to the


Bermuda Senate Deputy Premier Walter Roban, the Minister of Health
Kim Wilson, the Attorney General Kathy Lynn -
Simmons, the Minister of Social Development and
Seniors Tinee Furbert, and also our Premier David
Burt.
Madam President, there are so many other
people whom I could thank today. But as I said, I
wanted to thank them for helping me along my journey. But I would be remiss not to thank Ms. Michelle
Simmons, Michelle Gabisi Simmons, because years
ago (I will never forget) we had an assembly. I was a third-year at Berkeley. And we had women coming in
who spoke to us about empowerment and having a
voice. I have never been one who liked the camera or
liked to speak to the camera. And after speaking to these ladies and listening to them speak on this empowerm ent, I decided to join a debate team. And I
cannot say I was any good, Madam President. But it was something that taught me that I have a voice and
to speak with my voice.
So today, Madam President, I have something
that I would like to talk about in my j ourney to become
better and my quest to become a politician.
Madam President, Bermuda has had a Co nstitutional Order and a constitutional government
since 1968. The framework is derived from the Wes tminster system, which originated in the UK. The constitution outlines the relationship between the different
branches of the government —executive, judicial, le gislative, civil service and the governor. It seems to
have worked pretty well for many years, with a few
amendments, such as the electoral boundaries, t he
Office of the Ombudsman and even the change to
Junior Ministers, which I am thoroughly enjoying.
Even though our Constitution and other legi slation govern how the Houses of the Legislature work,
there are also conventions that dictate how the legi slation works. These are adopted from the UK, the
motherland of Parliament. And they are followed in the
Houses in how the Houses operate. Some of these
are actually in the Constitution. The Royal prerogative
is exercised by the Governor. The Premier is the person who commands the largest majority in the House. It is the Governor who dissolves Parliament at the r equest and the advice of the Premier. The Governor grants Royal assent to all legislation. The Senate of the House should not reject a Budget passed by the
House.
Another convention that exists, but is not enshrined in our Constitution, is the Salisbury Conve ntion. It states, Madam President, that the upper House
in the UK, the House of Lords, shall not oppose legi slation from the House that is part of t he manifesto of
the Government.
Madam President, if you do not mind, can I
read something from the UK Parliament?
The President: Yes, you may.
Sen. Lindsay Simmons: It states, “ The Salisbury
Doctrine, or ‘Convention ’ as it is sometimes called,
emerged from the working arrangements reached during the Labour Government of 1945– 51, when the fifth
Marquess of Salisbury was the Leader of the Conservative Opposition in the Lords. The Convention
ensures that major Government Bills can get through
the Lords when the Government of the day has no
majority in the Lords. In practice, it means that the
Lords does not try to vote down at second or third
reading, a Government Bill mentioned in an election manifesto. ”
Thank you, Madam President, for allowing me
to read that.
The PLP Government was elected with a 30to-6 majority. Our platform, Rebuilding Bermuda with
Bermudians at Heart , outlines all of our promises and
the intent to deliver on all of them. We are a Gover nment that k eeps our promises. We have kept Berm uda safe through COVID -19 and created a new ec onomic plan for the way forward. We will continue to keep our promises to our people.
Madam President, I believe that it is important
that we, as the PLP Go vernment, remember that we
were voted in because of our platform. And we must
push forward and continue to do the people’s work
here in Bermuda.
Thank you, Madam President.

The President: Thank you, Senator Simmons.
Would any other Senator care to speak on the
motion to adjourn?

Sen. Arianna Hodgson: It is Senator Hodgson, Ma dam President.

The President: Senator Arianna Hodgson, you have
the floor.

SENATOR A. HODGSON’S POLITICAL JOURNEY

Sen. Arianna Hodgson: Thank you, Madam Pres ident.
Growing up as a mixed- race chi ld I would a lways say that I had the best of both worlds. My parents met back in January 1990 in the middle of Strasbourg, France. They crossed paths again sometime
during spring break. My mother eventually visited Bermuda, and somewhere along life’s journey I came
along. It is actually quite the story. My mother —

Sen. Marcus Jones: Point of order, Madam Pres ident.
The President: I beg your pardon, Senator Jones.
What is your point of order?

458 31 March 2021 Official Hansard Report

Bermuda Senate POINT OF ORDER

Sen. Marcus Jones: I thought I would allow the fo rmer speaker to finish. And now we are seeing . . .
here is someone else speaking without having a camera on. Can we follow protocol and have the speaker
please put their camera on?
The President: Arianna Hodgson, Senator Hodgson,
can you—
Sen. Arianna Hodgson: Of course, Senator Jones. I
was just trying to make sure that the WiFi was able to give the best to the sound as opposed to the video.
And I will oblige.

The President: You need to be seen when you are
speaking.

Sen. Arianna Hodgson: Thank you, Madam Pres ident.

The President: There you are. Thank you.

Sen. Arianna Hodgson: Madam President, my mot her was born and brought up in Brazil, but had Swedish
parents. My father on the other hand is the product of a Bermudian father and a Guyanese mother who
came to the Island to teach at Sandys Secondary School back in 1966 and never left. My mother is six -
one, has bright blonde hair and eyes that change colour to suit her mood. She never left, either. And my
father is a tad shorter than my mother, a good bit darker than my sister and me, with my grandmother’s
face. He is a Black Bermudian man.
Madam President, I was always fully aware
that I was half -white and half -Black. I was half -
Swedish, 25 per cent Bermudian and 25 per cent
Guyanese. And according to genetic researchers,
there is a bunch of other stuff added in that mix.
Although I was taught that the colour of one’s
skin should not matter, I could look in the mirror and
see how others saw me. Although I identify as a Black woman, I did not identi fy with the Black struggle. And I
was often unaware of how my life’s experiences would later affect me. The experience of being multi -racial
and feeling like others are categorising me one way or
another is a story for another day, Madam President.
As mos t of you will know, I recently lost two of
my aunts. My aunt Dr. Eva Hodgson, she passed
back in May. And my aunt LaVerne passed at the end
of January this year. While we can argue their impact, I know that there were mixed opinions about their contributio ns to our Island over the years.
To be completely transparent, Madam Pres ident, there were many times when I could not understand why these two women were so difficult. I knew
that they were strong women, that they were sources
of endless knowledge, but I generally hated that each encounter with these women made me a little uncomfortable. Whether it was during Christmas, at Aunt
Ruth’s , at church or at any other family gathering, I
always felt like they had ulterior motives, like there
was always something they had brewing in the back
of their minds and like they could see something that I
could not.
I vaguely remember conversations about
race, inequality and injustices. And as one of two mixed -race children in the family, I was often unsure
of how to proc ess the emotions that I experienced.
Today I can look back and see that they were not tr ying to cause friction or division, but that they were actually providing space to have these uncomfortable,
yet necessary, conversations.
Madam President, when I hear d of their pas sing, I was deeply saddened. I understand the cycle of life, and I know that death is inevitable. But I was not
prepared to lose the two women who could have been
my greatest help today. I have regretted all of the
times that I did not show u p, the times that my anger
kept me from a family event, and I recognise that I
held a responsibility, a call even, to continue the work
that was started so many years ago.
Madam President, over the weekend I read a
book called Assemble the Tribe. This is a book by
Bermudian author Leah J. M. Dean. In this book she
highlights the importance of female relationships. She explores the complex nature of the female experience
and shares the idea that our purpose is something
that exists inside of us, not somethi ng that needs to
be searched for.
So, Madam President, I am on a mission to
live my purpose and to create a legacy that inspires
others to do more, dream bigger and be the change
we so desperately seek.
Today I am humbled by the fact that so many
women f ought for the progress we see today. I recognise that while things have been relatively easier for
me, it is only because I never had to experience the
great injustices that these women stood up and spoke
out against. Although we have far to go and some
days feel like we have made very little progress, I am
so glad that we are no longer where we once were. While I walk in the footsteps of women like my aunts, I cannot choose fear. I choose courage to speak for
those who cannot, and I choose to challenge and
change the things I cannot take.
Madam President, when I pause to think
about whether or not I wanted to take this next step
and enter the political arena, I thought about a few things. I thought about what my mother would think, of
course, and I also thought about what everybody else
would think. Immediately after thinking about my
mother and my peers, I thought about being the
youngest in the room, which I so often am. I thought
about the likelihood of someone thinking that I was less intelligent, that I was less capable of getting the
job done and that I was less deserving of earning a


Bermuda Senate competitive salary. Quite frankly, Madam President, I
thought about becoming the next target.
Before I even had a chance to sit in this Honourable Chamber, I was personally attacked by an
Opposition Senator who claimed that I . . . that we, the
Government Senators, were loyal subjects who ha d
been provided with additional streams of income to satisfy some supposed hunger. Madam President,
while I have learned that this particular Senator particularly enjoys debate, I am afraid that his values and
ideals have been made clear , and at some point we
have to demand better.

PARLIAMENTARY QUESTION (MINIST ERIAL
ADVISORS OR CONSULTANTS AND THEIR
REMUNERATION) PATI REQUEST

Sen. Adrianna Hodgson: Madam President, allow
me to tell a story. Nearly two weeks ago, I had gotten calls from six or seven persons who are concerned
that their salaries and remuneration have been shared online by media outlets. These young people, who
were in their first substantial period of employment,
working late nights, weekends and even during public
holidays, were confused as to why their names, rate
of pay and total remuneration w ould be sent all over
Bermuda. They asked, What did I do wrong? Why did
this happen? And of course, they were looking to
blame the Government.
Madam President, while I explained that
members of the public are able to submit PATI r equests to obtain governm ent salaries and other rel evant information, it was actually an individual who sits
in another place who was simply on a wild goose
chase to publicly question and publicise the rem uneration of one individual, a young, Black, female doctor and research scientist who has helped this Island
to navigate this pandemic.
Sadly, Madam President, this was a blatant
attempt to divide and conquer. This was a senior
elected Member of Parliament blasting innocent hardworking and young health care workers who have
risked their lives during a pandemic to keep us all
safe.
Madam President, I do not want any of us to
take this lightly because these are personal attacks. For the life of me, I cannot understand how —

Sen. Marcus Jones: Madam President, point of order.

The President: Senator Jones, what is your point of
order?

POINT OF ORDER
[Impugning integrity]

Sen. Marcus Jones: The Senator is impugning the
character of a person in another place. She was on a great line. We were listening intently to what she says.
But I think she needs to reel back the attack on another Member in another place and keep it above
board. Thank you, Madam President.

The President: Senator Arianna Hodgson, you can
continue.
Sen. Arianna Hodgson: Thank you, Madam Pres ident.
For the life of me, Madam President, I cannot
understand how or why someone would feel the need
to attack a woman who packed her things to return to
Bermuda and work without pay for five months
straight in the middle of a global health crisis, to be
blaste d for a $40- an-hour consultant contract a year
later.
Madam President, it is truly a shame. And
what is even more shameful is this Member’s poor
attempt to show appreciation—
Sen. Marcus Jones: Point of order, Madam Pres ident. Point of order.

The Presid ent: Senator Jones.

[Crosstalk]

The President: Senator Jones, what is your point of
order?

POINT OF ORDER

Sen. Marcus Jones: She keeps attacking the Member to say that he was attacking this doctor when that
was never the case.

The President: Senator Jones, you don’t know who
she is speaking of. And as far as a point of order is
concerned, I do not agree with it, and I will ask Senator Arianna Hodgson to continue.

Sen. Arianna Hodgson: Thank you, Madam Pres ident. Madam President, that whole ordeal was no
thank -you letter , but I will continue.
Madam President, when the tumultuous hist ory of the past year is written, no one will argue that our Premier led with safe and steady hands, that our Mi nister of Health worked tirelessly to lead a team of able
health professionals, that our Minister of Education
had to make really tough decisions in the best inter-ests of our children or that our Finance Minister managed to navigate the seismic impact of a health crisis
and would lead us back to a point where our I sland
can achieve steady economic growth.
Madam President, they will note that Dr. Car ika Weldon made a significant contribution to the
COVID -19 response and that she launched the I sland’s first diagnostic and research lab and that she
460 31 March 2021 Official Hansard Report

Bermuda Senate managed to foster a cultural science by Bermudians
for Bermudians with the help of some of Bermuda’s
finest young people.

WOMEN’S HISTORY MONTH

Sen. Adrianna Hodgson: Madam President, I know
that we typically pause to celebrate the women who came before us. But on this final day of Women’s Hi story Month, I give flowers and celebrate some of the women who walk among us today. For starters, I thank Minister Wilson, Dr. Cheryl Peek -Ball, Dr. Car ika Weldon and Dr . Amne [Osseyran] . These four l adies in particular have served us exceptionally well during the pandemic. And together they represent the
best of Bermuda.
I celebrate the likes of my aunt, Dr. Emma
Robinson, Dr. Carla Reese, Dr. Wendy Woods and Dr. Terrylynne Emory, who have each brought thousands of babies into this world. I celebrate women like
Charles -Etta Simmons, Charlene A. Scott and
Maxanne Caines , who have all made a lasting impact
on our justice system.
I acknowledge the work and contributions of
women like Trina Roberts, Kim Wilkerson and Catherine Duffy, w omen who are shattering ceilings and
thriving in male- dominated fields.
I think about the fearlessness of Ms. Gina
Swanson, who was the first and the only Bermudian to
ever win a major international beauty pageant, and
reflect on how good it must have fel t to walk into her
first day of work as Wanda Joell, the first African
American flight attendant for Air Force One.
I am proud when I think about the Katura Horton-Perinchief being the first Black woman in the world
to dive in the 2004 Olympics, and I cel ebrate Flora
Duffy, a repeat world champion and three- time Oly mpian. Both of these ladies have inspired so many of us.

Senator Hodgson, you have two
minutes, two minutes left.

Sen. Arianna Hodgson: Thank you, Madam Pres ident. Madam President , thank you.
Bermuda’s very own Shiona Turini has made
her mark as a globetrotting style guru and costume designer. And I am so proud that we get to see beaut iful Bermudian women like Lillian Lightbourn and Al iana King featured as international fashion models in
some of today’s biggest ad campaigns. Madam Pres ident, I would also like to pause and recognise Gherdai Hassell, who was featured in a 2020 article that highlighted five emerging Black artists to collect now. She
exhibited around the US, as well in China and in Bermuda. If you have seen her work, Madam President, it
is exceptionally captivating.
Finally, I salute Tylasha DeSilva, a young
Bermudian woman who just recently launched We BLead, a project that aims to provide feminine care
products for w omen and girls in need and bring
awareness to Period Poverty in Bermuda. Madam
President, Period Poverty is a global issue that reac hes our shores. I am proud to say that one of us has taken up this fight.
Madam President, there are so many others
whom I could mention. But today I want to publicly
thank each of these women for constantly raising the
bar and always choosing to do more.
More women are showing up and standing out
like never before. When I look at the calibre of strong, talented Bermudian wom en, I am glad to know that
my daughter and other young Bermudian girls will be encouraged to dream big and know that they too can
be doctors and scientists and leaders and entrepr eneurs, and even music artists or supermodels.
Madam President, we have to s tart celebrating the success of our women and committing to lifting
one another up. We have to build strong bridges b etween ourselves, between our young people, between
our families and between our communities. And when
we do, Madam President, we will have dismantled the
systems that were designed to keep us down. Thank
you.

The President: Thank you, Senator Arianna Hodgson.
Would any other Senator care to speak on the
motion to adjourn?
Senator Marcus Jones, you have the floor.

PARLIAMENTARY QUESTION (MINISTERIAL
ADVISORS OR CONSULTANTS AND THEIR
REMUNERATION) PATI REQUEST

Sen. Marcus Jones: Thank you, Madam President.
I think it is incumbent upon me to respond to
the Honourable Senator’s remarks about what happened in another place.
I believe first of all before I . . . let me preface
what I am about to say, to say this. We as legislators,
as parliamentary leaders in this country, must hold
that responsibility at a high, high moral ground. There are times when we disagree with one another. And
the W estminster system allows for that. It is the tension that helps us come to decisions to make counterarguments about the policies of the Government, its
values and its priorities.
But when we reduce our statements, and in
this case motions to adjourn, to m islead the [Senate]
by impugning the character of what others are saying,
then, Madam President, I have to stand up and get on
my soapbox and say, Let’s cease and desist.
Now, the Member who was referred to, this
entire country knows who it was. The Member at the
time was questioning a statement made by the Premier in regard to the remuneration of Dr. Weldon.


Bermuda Senate Now first and foremost let me say that I a pplaud Dr. Carika Weldon. She is a hero in this country!
She has worked tirelessly to herd her team to be able
to assist and help in this particular area in this pan-demic. So, Madam President, let us not be confused about Members in each Chamber and how they feel
about Dr. Weldon. But to make aspersions about the
character of a Member, to suggest that they wer e attacking when they explicitly went out of their way to
praise what Dr. Weldon was doing, for the Senator to
besmirch the words and to mislead this Chamber is abysmal.
And I am disappointed in the Senator because
I have high regard for her. So I am disappointed that at this point we would listen to this.
So, Madam President, let me just say in defence of my colleague in another place that that was not the intention. The words that he used in no way
show that he was attacking Dr. Weldon. In fact, it was
the complete opposite. And to even suggest otherwise would be disingenuous and below the standards and character that we would expect in this Chamber.
Thank you, Madam President.

The President: Thank you, Senator Marcus Jones.
Would any other Senator care to speak on the
motion to adjourn?

Sen. Owen Darrell: Yes, Madam.

The President: Is that Senator Darrell?

Sen. Owen Darrell: Yes, it is, Madam President.
The President: Senator Owen Darrell, you have the
floor.

WOMEN’S HISTORY MONTH

Sen. Owen Darrell: Madam President, first of all, I
would say that those two speeches by the two female
Senators of the Progressive Labour Party who on this
final day, March 31
st, of Women’s History Month . . . I
want to say Job well done! and it was exceptional.
And I would like to speak to some of the
comments that the Opposition Senator who just spoke, decided to get on his (quote) “soapbox” to defend a Member from another place.
Madam President, I wish that that Member got
on his soapbox to defend all other women, hardworking women, of this country who have done a
great job in the past year to keep this country safe. And I find it laughable, Madam President, that the
Senator who just took his seat would forget that there
was a line in Senator Hodgson’s speech where she
reminded us that it was a Senator who went by the
pen name “MJ” who decided to go to the daily and
start swinging on her and other colleagues being part of the friends and family package. Oh my, how his
memory is short, Madam President!

PARLIAME NTARY QUESTION (MINISTERIAL
ADVISORS OR CONSULTANTS AND THEIR
REMUNERATION) PATI REQUEST

Sen. Owen Darrell: And, Madam President, you can
try to dress it up and seem like all a Member in anot her place wanted to do was to flaunt the praises of Dr.
Carika W eldon. But we all know what a speech in another place along with a witch- hunt in another place
was set out to do. It was set out to divide and conquer
this country.
In the midst of doing that, Madam President,
Members of the Senator’s party decided to ask numerous questions in another place multiple times to
try to get to what they wanted, and in the meantime
drag down numerous other young people from the
jobs that they were doing. And these stories are real,
just like what Senator Hodgson said. I have a godson
who happens to be working in health, loves his job, goes every day helping the people of Bermuda. A
week ago at a family celebration he says to me, Godfather, what was that all about? You guys didn’t have
to do that. And I had to sit down and explain to him
where the basis of this witch- hunt was coming from.
So I do not take that, you know, certain Members in another place are simply trying to call Dr. Car ika Weldon a hero when all they really wanted to do
was try to put out in the public domain how much she
was getting.
And quite frankly, Madam President, I think it
is sickening that the same Members of this party that
Senator Jones is a part of said nothing when a certain CEO of the BTA [Bermuda Tourism Authority] was
brought to Bermuda making $295,000 a year, not i ncluding bonuses, yet we have a major issue with
$240,000 for a doctor who is down at the lab day in and day out? A doctor who has trained numerous
Bermudians to work in a lab? A doctor who is doing
genetic sequencing so we could know exactly where
we are? A doctor who at any time of the day I can
send her a WhatsApp to explain vaccinations or any
other scientific features, she would come back and
say, Well, this is how you explain it ? I think it is laug hable and sickening actually, Madam President that
they would try to defend what happened on Friday
night in another place as holding out Dr. Carika Wel-don as a hero. I do not buy it for one minute.

CANNABIS REFORM

Sen. Owen Darrell: I want to go back to comments in
this motion to adjourn from Senator Simmons at the beginning. And her speech was timely. I want to go
back to . . . I would call it a failed debate, a debate
that was actually turned down on March 3
rd in this
House, Madam President. And, you know, there are
462 31 March 2021 Official Hansard Report

Bermuda Senate not many young people who tune into the Senate.
There are not many young people who tune into the
House of Assembly. But when it is a topic that the
Progressive Labour Party has put in their election
manifesto, when it is a topic that the Progressive La-bour Party has put in the Throne Speech, when it is a
topic that affects so many young people, and quite
frankly, as I said, Black people in this country, they
notice.
And they do not understand. Well, Senator,
explain to me how I went to the polls on October 1
st
and voted for the Progressive Labour Party and you guys told me that you were going to put forward a
regulated cannabis industry. And on March 3
rd you are
telling me that it’s not going to happen and I have got
to wait at least another year? I wish that t he Senator
who just took his seat would get on his soapbox and
defend his former Leader —yes, the Leader of the
Progressive Labour Party —like he defends a Member
who also was a former Leader in another place. I wish
he would do that.
Madam President, I jus t want to end by saying
I am blessed. And I have said this before. I am blessed to be a Member of the Progressive Labour
Party. And what you heard today here, regardless of
what another Senator would like to say about their speeches, was two women who work hard for the
country of Bermuda.
Madam President, thank you.

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

Sen. Ben Smith: Yes. Good afternoon, Madam President.
The President: Good afternoon.

CANNABIS REFORM

Sen. Ben Smith: Madam President, after the remarks
that have been given so far, I just want to kind of change the direction that we are going a little bit. I will have to speak to some of the things that have just
been said, but it is important that I start with a thank -
you to everyone in Bermuda who has been helping to
keep our country safe. Thank you to all people in
Bermuda in the health care industry. Everybody in our
frontline services, the people who are in our grocery
stores and retail stores and hospitality who hav e been
going through all of the restrictions that have caused a
lot of damage to business, to jobs, to our children in
schools. Thank you to our teachers. Thank you to everyone who has been abiding by the rules and
regulations to keep our country safe, men and women, Black and white, all citizens of Bermuda. Madam President, we have recently heard
that there are issues in the Government because a Bill
was put forward in the House that was passed be-cause it is 30- to-6. But when it reached the Senate, it
was turned back. Well, Madam President, it is i mportant that checks and balances exist. Just because a portion of the population wants to have changes
done in a certain way does not mean that everyone in
the country feels that way. So when you look into the
details of the Bill that was turned back, there were
more questions than answers. And all of those were
brought up during the debate.
Well, Madam President, as we fast -forward
since that has happened, many will have noticed that
there are advertisements on the radio, and I believe
on television, that have come out from National Drug Control talking about all of the bad things that can
happen to people by the use of cannabis. It is a very
unusual thing that all of the direction that we have
heard coming from the Government is on the positive
side. And now we are seeing this campaign that is
telling us the opposite, what can happen to our young
people, how we should be keeping them away from
participating in this particular drug, cannabis. That is
the reason t hat the Senate had to go through debate
the way we did.
I did not hear anybody just quickly dismiss the
Bill. All of the Senators who debated spoke from knowledge, spoke from research. They took their time
and energy to go through all of the steps and figure
out whether this was what was best for our country.
And when we did not have the answers to the questions that we needed so that we could feel comfort able that we were protecting our citizens, that we were
putting in the support that is needed if peopl e find
themselves on the addiction side, Madam President,
you have to have those checks and balances in place.
So for it to be just dismissed and now to call into
ques tion the character of the people who made that
decision . . . it is unfortunate that we h ave reached
that point.

EASTER GREETINGS

Sen. Ben Smith: Madam President, I want to move to
the positive side. Our country is about to go into a nother Good Friday and another Easter weekend under the restrictions and regulations to keep our country
safe because of what has happened with COVID -19. I
would like to wish everybody a happy Easter, a safe
weekend. Spend time in your small bubbles with your
family. Understand that for all of the things that we are
restricted from, we should be thankful for the l ives that
we have. For all of the people who are hurting b ecause of the impact that it has had on their jobs, the
impact that it is having on how they go about their
day-to-day life, I want to say to them, we hope that we
can work together to get to a point where everybody

B ermuda Senate can get back to normalcy and we can start to see
Bermuda grow again.
But it is going to take everybody. And not
where we are starting to move today to a direction of
name- calling and pointing- fingers and dividing each
other, when this is not the time for that. I understand
that there has been a setup today. There is a real effort to move in that direction. But after the way the
debate for a budget has gone, with the long hours and everybody working towards trying to get as much i nformation as possible so that we can help our people to move forward with the little resources that we have, I do not think it is a time for us to be doing what I am
seeing so far happening in this motion to adjourn debate.
Bermuda, stay safe. Bermuda, take care of
each other. And let us have a safe and, specifically, no more of the spikes in the criminal activity and the bad behaviour on our roads and in our neighbourhoods, because that is what is important. Madam
President, I wish everyone in the Senate and ever yone in Bermuda a wonderful weekend. And I hope that everybody is healthy and safe when we return in May.
Thank you so much.
The President: Thank you, Senator Ben Smith.
Would any other Senator care to speak on the
motion to adjourn?
Sen. Curtis Richar dson: Yes, Madam President.
Senator Richardson.
The President: Senator Curtis Richardson, you have
the floor.
CANNABIS REFORM
Sen. Curtis Richardson: I had a littl e troubl e getting
access t o the microphon e when I hear d the [previous]
Senator s peaking. I just wanted to point o ut that he
mentioned a word t hat s till di sturbs m e. Cannabis i s
not a drug. A nd I k now w e are not h ere to discuss particular B ills an d Acts in this m otion t o adjourn. H owever, it bothers m e when I hear t he declassification of a
natur al God -given herb that, al though has bee n grown
globally un der c ontroll ed circumstances, c an and is
also a plant t hat c an grow i n the wild. I j ust wanted
to—
Sen. Ben Smith: P oint of order, Madam President.
The President: Yes, Senator Ben Smith. Point of order.
POINT OF ORDER
Sen. Ben Smith: Thank you.
Madam President, when the Junior Minister is
referring to the point of cannabis, can he also give us the information on all of the other plants that have
turned into drugs, including cocaine and heroine?
Thank you.
The President: Senator Richardson, you can carry
on.
Sen. Curtis Richardson: Madam President, all I
wanted was just to close with saying that the cannabis
reform has been something that has been put into the platform, has been a demand of the people of Berm uda for this reform to take place. I just wanted to let the people know that it is about the medicinal use and
production of cannabis. Thank you, Madam President.
The President: Thank you, Senator Curtis Richar dson.
Would any other Senator care to speak on the
motion to adjourn?
Senator Michelle Simmons, you have the
floor.
Sen. Michelle Simmons: Good afternoon, Madam
President.
The President: Good afternoon.
EASTER GREETINGS
Sen. Michelle Simmons: I would like, before we conclude, to wish you, Madam President and all Members
of the Senate, a happy Easter. This is probably going
to be another unusual Easter period for a whole coun-try. And my prayer is that all of us will do our part to ensure that we do not make what is happening in our
community with regard to COVID -19 any worse. Each
of us has to bear individual responsibility for our own behaviour. And I once again want to commend and thank the Premier, the Minister of Health, all of the public health officials, the CMO and everyone w ho
has been working, everyone who has been working
tirelessly to ensure that we can eventually return to a
more normal way of life. I do not think life will ever be the same as it was a year ago. But we can certainly retain our hope that the future will look better than it does right now, than the current situation appears right now.
Madam President, for Christians it is probably
the most important season of the year. And even though the churches are closed and we will not be able to celebrate Easter in the normal way, we can still give thanks for all that we have benefited. Madam President, I hope that when we return to the Senate in
May, that we will continue to advance the agenda that
is put before us. So with those words, I once again would like to wish you, all of my Senate colleagues
and the entire community a happy and safe and blessed Easter.
Thank you, Madam President.
464 31 March 2021 Official Hansard Report

Bermuda Senate
The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on the
motion to adjourn?
Hearing none , then I would just add my comments. And that is to support the Senate and assoc iate myself with the sentiments that have been expressed by Senator Michelle Simmons. As Senators,
this has been a very busy period. And we have done
very, very well in terms of what we have had to do with regard to the budget and the Bills that have been
passed. I too on this Easter weekend period and the
month that we will have ahead of us, wish each and
every Senator and everyone in Bermuda a safe Eas ter weekend and to encour age each one of us to adhere to the restrictions that have been set by the Go vernment. Because these are the ones that have really
kept Bermuda in such a position as it is now.
And also, for those of you who want to take
your vaccinations, do so. And enco urage members of
your family to do so. I wish each and every one of you a very, very happy Easter, a blessed Easter. And we
look forward to returning on May the 12
th and ready to
continue our business.
So happy Easter to each one of you! Be safe
and be well. Good day.

Some Hon. Senators: Good day! Thank you, Madam
President! Thank you. Happy Easter.
The President: Good afternoon, everybody. Happy
Easter.
[At 12:27 pm, the Senate stood adjourned until
10:00 am Wednesday, 12 May 2021.]