The SpeakerThe SpeakerGood morning, Members. We now want to start the next session for t oday’s sitting, and Ms. Beale will lead us in prayer this morning. PRAYERS [ Prayers read by Ms. Kara Beale, Assistant Clerk ]
The SpeakerThe SpeakerThank you, Ms. Beale. The House is now in session. [ Gavel] CONFIRMATION OF MINUTES [Minutes of 4 December 2020 ]
The SpeakerThe SpeakerThe Minutes for the sitting from the 4th of December have been circulated. Are there any omissions, corrections or amendments to be made? There are none. The Minutes are confirmed as printed. [ Minutes of 4 December 2020 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerThe announcement this morning is that the Standing and Sessional Select Committees have been assigned. And they are circulated to you by the Shar ePoint. So, Members, you can go on and see the selection of the committees. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are some 11 papers this mor ning. We are going to have our hands full with papers this morning. The first is in the name of the Minister of National Security. Minister Ming, would you like to present your paper? Minister, we can see you, but we cannot hear …
The SpeakerThe SpeakerGood morning. TREATMENT OF OFFENDERS BOARD (TOOB) REPORT FOR 2018 TREATMENT OF OFFENDERS BOARD (TOOB) REPORT FOR 2019 Hon. Renee Ming: I have the honour to attach and submit for the information of the Honourable House of Assembly the Treatment of Offenders Board (TOOB) Report for 2018, and the Treatment …
The SpeakerThe SpeakerThank you, Minister Ming. The next paper is also . . . oh, you did both of them? Hon. Renee Ming: Yes, we combined them. Yes, we did.
The SpeakerThe SpeakerGood. Thank you. The next is in the name of the Minister of Health. Minister Wilson, you have about six of them. You can do all six at the same time. PUBLIC HEALTH (COVID- 19 EMERGENCY POWERS) (NO. 3) AMENDMENT (NO. 3) REGU LATIONS 2020 QUARANTINE (COVID -19) (NO. 3) …
Good. Thank you. The next is in the name of the Minister of Health. Minister Wilson, you have about six of them. You can do all six at the same time. PUBLIC HEALTH (COVID- 19 EMERGENCY POWERS) (NO. 3) AMENDMENT (NO. 3) REGU LATIONS 2020 QUARANTINE (COVID -19) (NO. 3) AMENDMENT (NO. 6) ORDER 2020 SESSIONAL SELECT COMMITTEES 242 11 December 2020 Official Hansard Report
Bermuda House of Assembly PUBLIC HEALTH (COVID- 19 EMERGENCY POWERS) (NO. 3) AMENDMENT (NO. 2) REGULATIONS 2020
QUARANTINE (COVID -19) (NO. 3) AMENDMENT (NO. 5) ORDER 2020
PUBLIC HEALTH (COVID- 19) EMERGENCY POWERS (NO. 3) AMENDMENT REGULATIONS 2020
PUBLIC HEALTH (COVID- 19) EMERGENCY (NO. 3) EXTENSION ORDER 2020
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the fol lowing: • the Public Health ( COVID -19 Emergency Powers) (No. 3) Amendment (No. 3) Regul ations 2020; • the Quarantine (COVID -19) (No. 3) Amendment (No. 6) Order 2020; • the Public Health (COVID -19 Emergency Powers) (No. 3) Amendment (No. 2) Regul ations 2020; • the Quarantine (COVID -19) (No. 3) Amendment (No. 5) Order 2020; • the Public Health (COVID -19) Emergency Powers (No. 3) Amendment Regulations 2020 ; and • the Public Health (COVID -19) Emergency (No. 3) Extension Order 2020.
The SpeakerThe SpeakerThank you, Minister. The next paper this morning is in the name of the Minister of Health [sic] , the next two . Minister, of Works, rather . . . Minister of Works, would you like to do yours?
The SpeakerThe SpeakerGood morning. BERMUDA LAND DEVELOPMENT COMPANY AUDITED FINANCIAL STATEMENTS AND REPORT ON OPERATIONS FOR THE FISCAL YEARS ENDING 31 MARCH 2012 –2017 BERMUDA LAND DEVELOPMENT COMPANY AUDITED FINANCIAL STATEMENTS AND REPORT ON OPERATIONS FOR THE FISCAL YEARS ENDING 31 MARCH 2018
Lt. Col. Hon. David A. BurchI would like to attach and submit for the information of the Honourable House of Assembly the Bermuda Land Development Company Audited Financial Statements and Report on Operations for the f iscal years ending 31 March 2012 –2017; and the Bermuda Land Development Company Audited Financial Statements and Report on …
The SpeakerThe SpeakerThank you, Minister. And the last report th is morning is in the name of the Minister of Labour. Minister Hayward , would you like to do yours at this time? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2018 –2020 Hon. J ason Hayward: I have the honour to attach and submit for the information of the Honourable House of Assembly the Department of Financial A ssistance Annual Report 2018– 2020 .
The SpeakerThe SpeakerThank you. That is the [last] of the Papers and Communications for t his morning. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerThere are eight Statements this mor ning. The first is in the name of the Deputy Premier. Deputy Premier, would you like to present your State ment? Hon. Walter H. Roban: Yes. Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Hon. Walter H. Roban: Good morning everyone and good morning to the people of Bermuda. BERMUDA OCEAN PROSPERITY PROGRAMME — PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. Walter H. Roban: Mr. Speaker, I rise today to update th e Honourable House on the Bermuda Ocean Prosperity Programme …
Good morning.
Hon. Walter H. Roban: Good morning everyone and good morning to the people of Bermuda.
BERMUDA OCEAN PROSPERITY PROGRAMME — PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. Walter H. Roban: Mr. Speaker, I rise today to update th e Honourable House on the Bermuda Ocean Prosperity Programme (or commonly known as BOPP) .
Bermuda House of Assembly Mr. Speaker, Honourable Members may be aware that in June 2019 the Government committed to developing an integrated Marine Spatial Plan for the entirety of the 200 nautical miles of Bermuda’s exclusive economic zone (EEZ). This includes the inshore and offshore areas. The completion date of this project is set for the end of March 2022. This pr oject is being undertaken in a partnership between the Government, the Waitt Institute and the Bermuda I nstitute of Ocean Science ( also known to everyone as BIOS). On -the-ground management is being guided by a steering committee, which reports to me as the Minister of Home Affairs and which is made up of all of the relevant government departments and other stakeholder entities. Mr. Speaker, t he Marine Spatial Plan, similar to the more familiar Bermuda Terrestrial Plan, will o rganise the use of Bermuda’s waters and reduce user conflict , balancing the demands for development with the need to protect the environment and help us r esponsibly manage and improve the legislative, policy and operational framework for ocean industries, such as fishing and ocean renewable energy. As part of the plan, the Government has also committed to desi gnate 20 per cent of Bermuda’s waters as fully protec ted areas. This equates t o 90,000 square kilometres of the 465,000 square kilometr es of ocean that Bermuda is responsible for managing. In addition to the spatial plan, the BOPP is developing a Blue Economy Strategy that looks to capitalis e on the potential of our ocean space. Ov er 18 industries of interest were identified. However, gi ven the 30- month [project ] period, three of these were seen as priorities for in- depth investigation—including fisheries, ocean renewable energy and tourism. Mr. Speaker, we are currently nearing t he halfway mark in the project timeline and have begun the consultation process with our stakeholders and the public. Unfortunately, this year ’s pandemic necessitated changes to our consultation strategy , and we moved to virtual platforms rather than town hall meetings as planned. I can report that as part of the Blue Economy Strategy , the chapters of fisheries, tourism and ocean renewable energy have been drafted and will be going out for consultation in early 2021. For the Marine Spatial Plan [MSP] , focus groups have been formed to evaluate and refine the principles and goals of the Marine Spatial Plan and to draft objectives based on categories of marine uses. The general public is also being asked through an Ocean Use Survey for their input to identify areas of importance. Each [piece of] input collected will help us to better understand priority areas and ocean activities and thus develop the best possible plan for Bermuda. I encourage every resident to take the Ocean Use Survey. You can do this through the BOPP website, which is (and I will cite it, Mr. Speaker) berm udaoceanprosperity.org . I will say it again. This is the BOPP website: bermudaoceanprosperity.org . I can also confirm that at this time no decisions have been made on any new areas of protection or use. Mr. Speaker, I will now turn my attention to the efforts of the energy section of the BOPP review. Given our lack of available real estate in our 21 square miles for large areas of commercial -scale r enewable energy solutions, it is logical that we sh ould look at other opportunities in our expansive marine EEZ. As a result, we included in our memorandum of understanding with the Waitt Institute and BIOS a r equirement for an offshore renewable energy asses sment. There are subcommittees within the steering committee ; one s uch subcommittee is Economic D evelopment. In an effort to better understand the e nergy sector’s needs and the possible trajectory of utility development, a report was commissioned under the direction of the Minister by the Waitt Foundation from the Rocky Mountain Institute, who are already well familiar with Bermuda and have been providing assi stance to the Department of Energy in the areas of v ehicle fleet electrification and solar PV development. The report identified that, since most renewable energy te chnologies require space, they could not be sit uated terrestrially (which, obviously, means on land) . Therefore, turning to our nearshore and our exclusive economic zone, there is great potential for renewable energy development. The first, most feasible of these technologies is offshore wind. While there is much precedent set for mono- pile installations in the near shore —and those are the wind turbines that are on piles that are embedded in the seabed, which stand alone—there is growing potential set by c ommercial precedent for floating wind installations. Utility -scale wind presents a strong economic case, having been commercially proven in many other jurisdictions, but also presents a strong technological case, with the resilience Berm uda needs to operat e in climates like ours. It should be noted that any wind developer will have to undertake feasibility studies on specific loc ations, so an investment -grade wind study is not at the moment planned for Government or the Regulatory Authority [RA] to carry out . But again, we can begin to identify potential sites for prospective developers . The next-most feasible technology is floating solar. Though more on the bleeding edge than offshore wind, floating solar has been proven for use in she ltered waterways and is being beta- tested in open ocean installations just like ours. This technology has had some rapid recent refinements and may be feas ible for us here in Bermuda. Because of the aggressive timeline of the Integrated Resource Plan, we will be seeking sites for implementation that are close to those used for wind installations to make better use of infrastructure in place, making the electricity produced even more affordable. Last, but by no means least , is the consider ation of other ocean technologies, namely , tidal power, 244 11 December 2020 Official Hansard Report
Bermuda House of Assembly ocean wave and ocean thermal energy conversion. Though these technologies are still in development, progress will be monitored so that when they are ready, so will Bermuda [be]. Part of our preparation will be to identify areas in which they might be located, which is all part of what the BOPP aims to acco mplish. Mr. Speaker, I must assure the public that their input is critical in the production of the Marine Spatial Plan. As such, in the coming months a draft plan will be prepared and presented to the public for consultation. And I look forward to bringing this to you when it is available. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Madam Attorney General . Attorney G eneral , would you like to present your first Statement? I believe we can proceed with the first one now. Hon. Kathy Lynn Simmons: Good morning, Mr. Speaker, and thank …
The SpeakerThe SpeakerGood morning. Hon. Kathy Lynn Simmons: Mr. Speaker, I am pleased to table the Bill entitled —
The SpeakerThe SpeakerYou need to adjust your camera. We hear you, but your camera is on another one of your members. Hon. Kathy Lynn Simmons: Okay. I am not very good at this.
An Hon. Member An Hon. MemberIf you just keep talking, I think it will pick you up. Hon. Kathy Lynn Simmons: I think if I keep talking, Mr. Speaker, it will pick me up. Is that okay?
The SpeakerThe SpeakerOkay. I was just wondering if your member was being a ventriloquist because I was hearing her voice that time. [Laughter]
An Hon. Member An Hon. MemberNot today, Mr. Speaker.
The SpeakerThe SpeakerOkay. Continue. CANNABIS LICENSING ACT 2020 Hon. Kathy Lynn Simmons: I am pleased to table the Bill entitled the Cannabis Licensing Act 2020 in this Honourable House today. This comprehensive Bill establishes the Cannabis Licensing Authority to ad-vise and assist the Minister responsible for drug pr evention in the regulation …
Okay. Continue.
CANNABIS LICENSING ACT 2020 Hon. Kathy Lynn Simmons: I am pleased to table the Bill entitled the Cannabis Licensing Act 2020 in this Honourable House today. This comprehensive Bill establishes the Cannabis Licensing Authority to ad-vise and assist the Minister responsible for drug pr evention in the regulation of a cannabis industry in Bermuda. This Bill will usher in lawful regulation of all such activities involved—directly or ancillary —to the cultivation, import, export, production, sale, supply, use or transport of cannabis or medicinal cannabis or products derived from cannabis or medicinal cannabis in Bermuda. Provisions in the Bill will permit lawful activities relating to the cannabis plant, medicinal cannabis, cannabis products and cannabis -infused food products. It also grants monitoring, inspection and enforcement powers to the regulator , the Cannabis Licensing Authority. Mr. Speaker, the licence categories available within the Bill’s cannabis licensing system are as follows: • a tier 1 cultivation licence to allow for the growing, harvesting, drying, trimming or curing of cannabis for adult personal use; • a tier 2 cultivation licence to allow for the growing, harvesting, drying, trimming, curing or packaging of cannabis or medicinal cannabis for commercial purposes; • a cannabis retail shop licence to allow for the operation of a cannabis r etail shop for the sale of cannabis or the sale and consumption of cannabis; • an import licence to allow for the cannabis and medicinal cannabis planting material for cultivation from any country from which it is lawful to do so; • a tier 1 manufacturing lice nce to allow for activities relating to the processing of edible cannabis; • a tier 2 manufacturing licence to allow for the manufacturing of cannabis products or medi cinal cannabis products; • an export licence to allow for the export of l ocally cultivated cannabis to a country in which it is lawful to do so; • a research licence to allow for the conduct of scientific research relating to the development of medicinal cannabis; • a transport licence to allow for the transport of cannabis or medicinal cannabis in B ermuda; and lastly • a cannabis event licence to allow for the sale and supply of cannabis at authorised private or public events of an infrequent or temporary nature. Mr. Speaker, the lawful activities associated with cannabis will also include personal adult use and consumption of lawfully obtained cannabis plant mat erial, medicinal cannabis, cannabis products and cannabis -infused food products for persons 21 years of age or older. It is expected that lawful access to cannabis will reduce the illicit trad e in cannabis and the associated harms.
Bermuda House of Assembly Mr. Speaker, examples of the safeguards built into the Bill and licensing system are such that the Minister may by order exclude harmful strains of cannabis from the licensing system [ see clause 6], and there is a s tatutory age limit of 21 for participation in the licensing system [ see clause 20 ]. As persons u nder 21 are not permitted to consume or use cannabis under the Bill, it will therefore be an offence to supply or sell cannabis to a person under 21 years of age . Licens ees will also have a duty to ensure that persons under 21 are not employed by retail shops, [that they] do not gain access to retail shops and that cannabis or cannabis products from retail shops are not pr ocured for persons under 21. Applicable offences and penalties are included in the Bill , and I am not going to speak to those at this stage because they have, in fact, changed. Mr. Speaker, the presented Bill is the culmination of a comprehensive social justice reform project to liberalise our cannabis laws in line with global contemporary thought, scientific evidence and overwhelming public support. This initiative originated under the previous legislative term, with Government renewing its promise for cannabis reform in the 2020 Speech from the Throne. The policy behind the Bill was informed by substantive public consultation throughout the policy development phases and included the presentation of an illustrative draft Bill. The final public consultation exercise closed on July 3rd, 2020, with over 500 comments made by approximat ely 150 members of the public, stakeholders and affected entities. Mr. Speaker, on the 2nd of December 2020, the UN Commission on Narcotic Drugs decided by 27 votes to 25 (with one abstention) to delete “cannabis and cannabis resin” from Schedule IV of the 1961 Single Convention on Narcotic Drugs —the listing of the most harmful psychotropic drugs. The UK Go vernment voted in favour of this proposition. Mr. Speaker, this change by the United N ations oversight bodies finally removes some of the structural hurdles for emerging cannabis industries in jurisdictions near and far. It effectively allows for greater national competence for signatories to enact legislation allowing greater medical and scientific uses of cannabis without falling afoul of the various intern ational narcotics conventions. Mr. Speaker, the Government is aware that this Bill placed before the House proposes to permit lawful uses of cannabis for personal adult use, and by doing so it prescribes uses be yond medical and scientific use as sanctioned by the United Nations oversight bodies. However, th is Government is pursuing all di plomatic and legal options to deliver on its promise to our people. We can be assured that the Bermuda Government is following in the wake of Canada and other jurisdictions who, by enacting domestic laws permitting personal adult use of cannabis, are in “ re-spectful noncompliance” with the international narcotics conventions , without sanction. Mr. Speaker, I am confident that the proposed Bill is timely and is sufficiently comprehensive to garner cross -aisle support. Overall, the Bill accomplishes an agile regulatory framework for cannabis in Berm uda which can grow in line with the evolutionary needs of local industry and can be f urther adapted as cannabis regulatory models emerge globally. Mr. Speaker and Members, I look forward to debating the provisions of this Bill and the benefits the proposed new law will provide as the Bill advances through the legislative process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Madam Attorney General . Would you like to do your second Statement? Hon. Kathy Lynn Simmons: Yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerContinue. LEGAL AID OFFICE ANNUAL REPORT 2013 –2019 Hon. Kathy Lynn Simmons : I rise to update this Honourable House on the work of the Legal Aid Office and lay a copy of the document entitled Annual Report Legal Aid Office, Fiscal Period 2013– 2019, as submi tted to the …
Continue.
LEGAL AID OFFICE ANNUAL REPORT 2013 –2019 Hon. Kathy Lynn Simmons : I rise to update this Honourable House on the work of the Legal Aid Office
and lay a copy of the document entitled Annual Report Legal Aid Office, Fiscal Period 2013– 2019, as submi tted to the Minister by the Legal Aid Committee in compliance with section 18 of the Legal Aid Act 1980 [the Act ]. As the document’s title denotes, it covers the seven- year period between the 1st of April 2013 and the 31st of Mar ch 2020. This brings the committee’s statutory reporting obligations up to date. Mr. Speaker, Members may know that Bermuda’s legal aid regime came into operation on the 1st of November 1980 by way of the Legal Aid Act 1980. The Legal Aid Office has served the legal needs of Bermudians who may not otherwise be able to afford access to legal representation, for 40 years now. The provision of legal aid service ensures that quality legal advice and representation are readily available to i ndividuals who meet a statutory financial means test. The delivery of this service is essential for fair access to justice, particularly in Bermuda where the high costs of legal services in the private sector can be prohibitive to most Bermudians. Mr. Speaker, the Legal Aid Committee admi nisters the internal administration of the scheme by r eviewing Legal Aid applications , awarding Legal Aid Certificates for eligible persons , deciding the assig nment of legal counsel and mana ging the Duty Counsel Roster of lawyers giving free legal advice to unrepr esented defendants appearing in the lower courts. The work of the committee is supported by, and the day - to-day management and operations are the respons ibility of, the Senior Legal Aid Counsel. The Legal Aid 246 11 December 2020 Official Hansard Report
Bermuda House of Assembly Office also comprises three in- house Legal Aid Counsel and three administrative posts. Ongoing recrui tment drives are underway to fill all posts substantiv ely. In the interim, the Legal Aid Office has been staffed temporarily by qualified barristers with the professional experience to manage the range and complexity of the typical case types where Legal Aid Certificates are issued. Mr. Speaker, the r eport highlights that a new framework for the assignment of c ounsel under the Legal Aid Act 1980 was officially implemented on the 1st of March 2019, although it was developed in 2018. The changes were devised alongside a host of cost - savings reform measures across government. The justification for implementing an in- house staff counsel model was in recognition that operational effici encies and savings , institutional knowledge- buildin g and providing opportunities for a cadre of speciali sed Bermudian defence lawyers would offer better delivery of services within public spending limitations. The new model ensures that as many legal servi ces as can now be delivered [are delivered] by in -house staff counsel, in lieu of overly utilising outside c ounsel. This has resulted in a containment of costs. The logic is simple, and the results are proven. Salaried staff counsel attending court frequently, inclusive of the Senior Legal Aid Counsel, cost less than awarding assistance via billable hours from c ounsel in private practice. The in- house counsel capacity continues to grow , and although the revised model is only partially deployed, it has resul ted in measurable savings thus far. Mr. Speaker, cost savings are evident by making the following comparisons : In the 2012/13 f inancial year, the total cost of the operation was over $2.5 million for the year. By the financial year 2019/ 20 there were relative annual cost reductions to less than $1.5 million. [This figure,] Mr. Speaker, reflects the actual figures after the annual budget adjustments were completed at year end. This reflects a further reduction, Mr. Speaker, than the $1,323,142 reflected i n the Annual Report, representing a decrease of $217,[000]. The report captures this downward trend in costs over the repor ting years. It is anticipated that with all posts filled sub-stantively and in sufficient time for embedding the new model, sustainabl e cost reductions and greater oper ational efficiencies will continue in keeping with the ob-jectives of the model. Mr. Speaker, it is important to note that the complexities of the cases, as well as multiple defen dants in the same matter, require separate counsel to ensure that there are no conflicts of interest. Mr. Speaker, there have been other, less dramatic but equally notable developments during the reported period. It is worth repeating for the Hansard the chairman’s comments that, “[Although] the v olume of legal aid certificates sought and granted has declined, the volume of work related to the weekly Committee meetings has increased steadily over the periods under review. The complexity of cases as well as the number of multiple and youthful defendant trials resulted in an increase in counsel submissions, opi nions, requests for specialist reports and, at the early stages covered by this report, the services of Queen's Counsel.” The chairman also recognises rightly the si gnificance of these develop ments upon applicants' access to justice, the administration of justice itself and the development of Bermudian jurisprudence. He goes on to point out the significance as it relates not only to the most serious offence of murder, but also other serious cri mes and their impact on the legal aid system. The trend was also cited for its unavoidable impact on the treatment of youth offenders, which is so vital to the viability of our justice system, not to mention civil litigation concerning children. Mr. Speaker, output measures cited in the report reaffirm that efficiency has not been compr omised in the Legal Aid Office, notwithstanding the changes to its operations. The office has retained the ability to process Legal Aid Certificate applications within 14 w orking days. Of course, this is dependent upon applicants’ submitting the required information in a timely manner. It was further cited that a primary area of delay in the vetting and approval of certificates is a lack of information from applicants that h ighlights the precise nature of the type of legal assistance that they seek. The office has remedied this by modifying the application process to better capture the information needed for the committee to make a decision on the application. Moreover, Mr. Speaker, the Legal Aid Office continues to process applications for temporary certi ficates, more commonly known as emergency certif icates, within three working days. This three- day target is achieved when all relevant information is submitted at the time of application. This quick response time is an indicator of the efficiency of the administrative operations of the Legal Aid Office, as applications for emergency certificates are approved by the Senior Legal Aid Counsel, provided they fall below a capped amount. Emergency certificates are then ratified by the committee within 28 days. Mr. Speaker, the chairman concludes the r eport by acknowledging that committee members are volunteers who give of their time and experience at the weekly meetings to carry o ut the very demanding mandate as prescribed in the Act. He extends appr eciation for members’ hard work and dedication, and applauds their commitment to quality service delivery during the period covered. Mr. Speaker, I conclude by amplifying the chairman’ s expressions of gratitude to the Legal Aid Committee members for the selfless duty they uniquely give to the maintenance of access to justice in Ber-muda. I am obliged to the chairman for his steady stewardship during reforms to the model. Thanks also
Bermuda House of Assembly to all of the public officers, staff, duty counsel, law p upils and others who have served to support the work of the Legal Aid Office. I publicly acknowledge the supervision of the Senior Legal Aid Counsel, Susan Moore- Williams, who is now on temporary re - assignment, but has led the Legal Aid Office for over a decade. Also, Mrs. Angela Julio, the Office Manager, deserves recognition for being steadfast in sustaining the delivery of services during periods of transition. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of National Security. Minister, would you like to present your Statement now? TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Renee Ming: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to introduce to the …
Thank you, Minister. The next Statement this morning is in the name of the Minister of National Security. Minister, would you like to present your Statement now?
TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Renee Ming: Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to introduce to the Legislature the Report of the Treatment of Offenders Board for 2018/19 . This report is in accordance with sec tion 8(1) of the Treatment of Offenders Board Act 1979, and Rule 170 of the Correctional Rules 1980 as per the 1989 Revision. The Treatment of O ffenders Board is governed by the Prisons Rules 1980, the Prisons Act 1979, the Prisons Amendment Act 2013 and t he Treatment of Offenders [Board] Act 1979. Honourable Members will be aware that the Treatment of Offenders Board was created to ensure the rights of inmates while incarcerated and that fair and adequate treatment is upheld within all corrections facilit ies. The responsibilities of the board i nclude being available to inmates who wish to discuss any ongoing concerns, and it is the board’s duty to ensure guidance to inmates on how best to move forward with any processes that they may seek advice on. The board is also available for conducting adjudications regarding inmates who may [ contravene] the prison rules which are guided by the Prisons Act 1979, and to hand down disciplinary sanctions on offending inmates. Mr. Speaker, the board meets on the first Wednesday of each month at the Westgate Correctional Facility and on the third Wednesday of each month at the Co- Ed Correctional Facility, which i ncludes the Farm Facility Right Living House. Mr. Speaker, throughout 2018, there were many breaches of the perimeters at the corrections facilities, including an escalation in both inmate and officer dissatisfaction with the overall operation and management of the facilities. The board continues to adjudicate inmates for various forms of contrabands and have had to tighten awards in response to these escalations. Mr. Speaker, please allow me to give the st atistical breakdown of adjudications and interviews for infractions against prison rules and general concerns of inmates, respectively. There were 54 adjudications at the Westgate Facility, 15 related to cell phone i nfractions, 17 instances of assault and 22 general i nfractions against prison rules. There were seven adj udications at the Farm Facility: two cell phone infrac-tions and five general infractions agai nst prison rules. There were no adjudications from the Co- Ed Facility. Mr. Speaker, rota visits are conducted in teams of two or more members at each facility. They allow for on- location discussions and resolutions with both inmates and Corrections Depar tment administr ation and officers of ongoing concerns. There was a total of six visits to the Westgate Correctional Facility. There was one visit to the Co- Ed Facility and five vi sits to the Farm Facility. During these visits, members spoke with inmates about the challenges at the facility and their overall well -being. The board would like to acknowledge the effort of the inmates who have given back to society by speaking to selected groups and individuals and hel ping others to avoid the pits into which t hey fell. The board also wishes to acknowledge the results of the Right Living House programme. The inmates that were interviewed have shown a huge improvement as a result of being enrolled in the Right Living House. The success rate of the programme remai ns positive, and the board commends the Right Living House staff on a job well done. Mr. Speaker, throughout 2019, various facility visits and interviews unveiled the harsh realities of life in prison. Inmates and administration both noted that the envir onment at the facilities began to be of grave concern—physical and otherwise. Levels of tension at Westgate continued to rise as the demographics of the inmate populace shifted. Westgate is home to younger men with long- term sentences. Mr. Speaker, the physical condition of the f acilities is understandably poor, given their age. Each facility continues to record its restorative needs with the Government Works and Engineering Department. The 2019 hurricane season added to the deterioration and destruction of the facilities and the perimeters. Thus, security breaches are still of grave concern. The board continues to adjudicate inmates for various forms of prison rule violations. The following is a st atistical breakdown of adjudications and interviews for infractions against prison rules and general concerns of inmates, respectively: Mr. Speaker, in total there were four adjudic ations at the Farm Facility. There were 53 adjudications at the Westgate Facility. The level of contention at the Westgate Facility worsened over the year as inmates struggled to conform to life at the facility. Approx imately 35 per cent of prison rule infractions involve mobile phones and related parts. The ever -increasing number of mobile phones and offenses is a battle for 248 11 December 2020 Official Hansard Report
Bermuda House of Assembly the Corrections Department team. They continue to combat this issue. Mr. Speaker, the frequency of rota visits d ecreased during 2019 as security concerns arose for the members of the board, partly due to industrial ac-tion. The Correction Department’s administrati on and the Treatment of Offenders Board worked together to ensure that confidence was restored. There were a total of two visits to the Westgate Correctional Facility and 23 inmate interviews. During these visits, me mbers spoke with inmates about the chall enges at the facility and their overall well- being. There were five visits made to the Farm Facility, and five interviews were conducted. The main concerns at the Farm F acility with both inmates and the Department of Corrections officers are with the condi tion of the facility. Mr. Speaker, there were three visits to the CoEd Facility, and one inmate was interviewed. The Right Living House programme shifted to the Co- Ed facility after the programme at the Farm closed due to the building being deemed uninhabitable. The pr ogramme itself continues to benefit inmates immensely. The success rate remains positive, and the board commends the inmates and staff on a job well done. Overall, Mr. Speaker, the main issues expressed by inmates at the Co- Ed are relative to the overall phys ical state of the facility. Mr. Speaker, I wish to thank the hard work and dedication of the Treatment of Offenders Board members. The work they provide and the commitment to our corrections community are paramount. I also wish to thank all other agencies involved who work together to ensure that the board is able to carry out its mandate safely and effectively. Our cooperation and collaboration will ensure that we conduct the work of the Government together and strive to improve the health and well -being of the corrections community. Only together can we succeed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Public Works. Minister Burch, would you like to present your Statement at this time?
The SpeakerThe SpeakerContinue. BLDC AUDITED FINANCIAL STATEMENTS AND REPORTS ON OPERATIONS FOR THE YEARS ENDED 31 MARCH 2012 TO 2018
Lt. Col. Hon. David A. BurchMr. Speaker, I lay before this Honourable House the Bermuda Land Development Company’s Audited Financial Statements and Annual Reports for the years 2012 to 2018. The pur-pose of the BLDC [Bermuda Land Development Company] is to manage or oversee the management of the land entrusted to it generally for the …
Mr. Speaker, I lay before this Honourable House the Bermuda Land Development Company’s Audited Financial Statements and Annual Reports for the years 2012 to 2018. The pur-pose of the BLDC [Bermuda Land Development Company] is to manage or oversee the management of the land entrusted to it generally for the purpose of integration of that land into the economic and social fabric, and in particular the creation of opportunities for increased employment now and in the future in furtherance of the well -being of the present and future generations of Bermudians. Mr. Speaker, in accordance with the Base Lands Development Act 1996 [the Act], the Company shall prepare i n respect of each financial year financial statements in proper form, which shall be audited by the Auditor General. The company shall, as soon as may be after the end of each financial year, prepare a report on its operations during that year and on its policies and programmes for future years. Every r eport in respect of the financial year shall include the text of every direction given by the Minister to the company under section 12 during that financial year. The company shall send to the Minister, withi n six months after the end of each financial year, a copy of the set of financial statements prepared and of the report prepared in respect of that financial year. The Minister shall cause a copy of every set of financial statements and of every report sent to him to be laid before each House of the Legislature in accordance with section 16 of the Act. Clearly that did not happen in this case, as I reported to this House in 1[December] 2018, and I quote: “I am advised that there are several reasons for the delay, but you can imagine that none rise to the level of satisfaction for me, given that we are now in 2018, with the most recent accounts relating to March 31, 2012. “The underlying explanation for the delay is that the Auditor General was concerned about the procurement processes at the company in 2010. The Auditor General completed a special report that year and determined that a more detailed examination of the accounts was required, which necessitated more time-intensive processes to complete the a udit. The delay was compounded by a recommendation to write down the carrying value of the company’s assets by $6.7 million (which had been audited since 2004), based on a review by the new finance team. The 2010 audit was finalised on February 2, 2015. The 2011 audit was impacted by changes in accounting rules related to public entities, and the 2012 audit was completed in January 2018.” (End quote.) Mr. Speaker, the 2014 to 2017 audited financial statements for BLDC were completed on the 31 st of August 2020. The 2013 audited financial stat ements for BLDC were completed on the 30th of May 2019, and the 2012 audited financial statements for BLDC were completed on the 25 th of January 2018. A combined 2012 to 2017 Annual Report on Operations was completed on the 29 th of August 2017. The 2018
1 Official Hansard Report 14 December 2018, page 426
Bermuda House of Assembly audited financial statements for BLDC were completed on the 31st of August 2020, and the 2018 Annual Report on Operations was completed on the 22nd of May 2018. I note for the information of Members that the company has received a clean audit opinion for each of the years presented. The auditor did, however, comment on weaknesses in internal controls related to the company’s procurement processes during the 2012 and 2013 years, which have been addressed by management and did not occur in the 2014 to 2018 years. As this report was combined, I have taken the liberty of including the 2012 audited financial stat ements in this submission for ease of reference, al though it has been previously presented. Mr. Speaker, as of December 2020, the BLDC’s finance department has completed six years’ worth of outstanding audits in the past 17 months and continues to work diligently to complete the 2019 and 2020 audits. The preparation schedules and files are nearly completed, with the BLDC team working with the Office of the Auditor General to schedule the audit field work for early 2021. Mr. Speaker, the BLDC management team continues with their efforts to maximise the potential use of all buildings on the former base lands, and in the St David’s area generally. One of the financial goals of the BLDC is to become financially indepen dent from the Government. To that end, I can report that for the years ended the 31 st of March 2012, 2013, 2014, 2015, 2016, 2017 and 2018 they did not recei ve a capital grant from the government. Mr. Speaker, I would like to highlight a few of the accomplishments identified in the 2012 to 2018 Reports on Operations: (a) 2012— $2.5 million investment in infr astructure (demolished old Navy Hospital, phase two Commercial Park buildings, new sewage plant and new saltwater reverse osmosis plant). Building i mprovements to building 1101, refurbishment for the Ministry of Education Headquarters and completion of cottage 211 renovations. Building 631 roof repairs, building 1563 asbestos abatement, and demolition of Ships Wharf warehouse building 17. Reservoirs 13 and 16 catchment cleaning were also carried out. (b) 2013— IT network upgrade, MRI billing software upgrade and freshwater cast -iron pipe upgrades to PVC wer e carried out. Building improv ements to Building 1055, roof repairs and cottage 710 renovations were completed. Building 1564 (the former White’s Supermarket at Southside) tenant aba ndoned building contents were removed and the buil ding was professionally cleaned. (c) 2014—Freshwater pumping stations upgrade including the removal of large metal pneumatic pressure tanks at Turtle Bay and Ships Wharf, and freshwater cast -iron pipe upgrades to PVC were carried out. Reservoirs 13 and 16 catchments and tanks were cleaned. Wastewater lift station 609 pump up-grades were completed. Improved signage was i nstalled at Southside, and Higgs Bay Marina repairs were completed. Saltwater fire hydrant mains repairs were completed. Reservoir 3 tank structural repairs and freshwater cast -iron pipe upgrades to PVC were carried out. Building 1564 repairs and roof membrane replacements were carried out. Building 1409 (Bermuda Triathlon Association) roof asbestos abatement and roof repairs were completed. (d) 2015 —Telecommunicati ons duct network capacity upgrade was completed. Reservoir 9 tank structural repairs and freshwater cast iron pipe upgrades to PVC were carried out. Reservoir 16 catc hment wall repairs were completed. Higgs Bay Marina upgrade, including electricity and wat er metering, was completed. Former Morgan’s Point Commissioner’s House was demolished. Former police barracks buil ding 633 roof repairs and building upgrades were com-pleted. Building 1564 roof repairs and air -conditioning upgrade were carried out. Hurricanes Fay and Gonz alo emergency repairs were carried out. (e) 2016 —Ships Wharf freshwater pumping station repairs and freshwater cast -iron pipe upgrades to PVC were carried out. New Wastewater Treatment Plant [WWTP] redesign and build was completed, and a wa stewater mains realignment along Southside Road was carried out. Wastewater Lift Station 300 structural repairs and Lift Station 609 electrical repairs were completed. Building 1564 roof repairs, and Commercial Park building sidings repairs were carried out. Cottage 513 renovations and Channel House building 349 air -conditioning upgrades were completed. Higgs Bay Marina jetty repairs were completed. Hurricanes Fay and Gonzalo damages repairs were carried out. The small public (western area) restrooms at Clearwater Beach were upgraded. (f) 2017—Reservoir 14 tank structural repairs and reservoir 13 tank roof replacement were carried out. Freshwater cast -iron pipe upgrades to PVC were carried out. Hurricane Nicole building damage repairs were carried out. New self-cleaning Wastewater Treatment Plant screens were installed. Reservoir 16 catchment cleaning was carried out. Daniels Head landscaping and property improvements were carried out, including freshwater and electrical upgrades. Hurricanes Fay and Gonzalo damages repairs were carried out. Clearwater Beach (formerly Gombeys) r estrooms renovations, Cottage 441 renovations and building 830 roof repairs were carried out. Building 1564 roof membrane replacements were carried out, and building 381 roof remediation was carried out. Daniels Head building repairs were carried out. (g) 2018— Upgrades to both Clearwater Beach restrooms were completed, as well as several general improvements to the Clearwater Beach area, including landscaping and added benches and cano-pies. Works commenced on the new parking lot at Turtle Beach. Repairs to some of the Commercial Park building sidings were undertaken, and building 250 11 December 2020 Official Hansard Report
Bermuda House of Assembly 1564 (former White’s Supermarket building) roof membrane replacements were carried out. The former Club Azure and Bermuda Triangle Club derelict buil ding 511 were demolished, and upgrades commenced on (the former Police Barracks) building 633. (h) 2018 —A reliable infrastructure is a critical component for development at Southside. BLDC also upgraded its storage capacity for potable water, thereby providing increased certainty of supply during the peak summer months. Investment in the Wastewater Treatment Plant also ensured that BLDC continues to dispose of wastewater in an environmentally appropriate manner. Mr. Speaker, the attached audited financial statements reveal that as of 2018, the BLDC had assets of $29.18 million, liabilities of $1.68 million and accumulated surplus of $27.50 million. Cash on hand stood at $7.09 million. Revenues were $6.11 million and expenses $7.98 million, with a deficit for the year of [negative] $1.87 million. The deficit for the 2018 year is higher than normal due to increase in repair and maintenance expenses and utilities cost related to the reverse osmosis and wastewater treatm ent plants. Mr. Speaker, you will recall that when I assumed responsibility for the quangos, the goal was to look at synergies and economies of scale. So one of the first things I did was to appoint the senior man-agement team of the Bermuda Housing Corporation to lead the team at the BLDC on an interim basis to d etermine what this could look like. Immediately the team of Major Barrett Dill (CEO) and Mr. Mark Melo (CFO) addressed a number of outstanding matters, with the unaudited financials and incomplete annual reports at the top of their list. So at this time, Mr. Speaker, I extend my thanks for the countless hours they and their respective teams have put in over the past 17 months to complete these six years’ worth of audits. It is my expectation that m oving forward the BLDC will be in a position to table the audited financial statements and annual reports in a timelier manner. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of E ducation. Minister, would you like to put your Statement at this time? Hon. Diallo V. S. Rabain: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerContinue. THE BERMUDA PUBLIC SCHOOL SYSTEM — EDUCATION REFORM UPDATE Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise to provide my honourable colleagues with an u p-date on the Government’s commitment to reform the Bermuda Public School System . Mr. Speak er, the overarching drive to the …
Continue.
THE BERMUDA PUBLIC SCHOOL SYSTEM — EDUCATION REFORM UPDATE Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise to provide my honourable colleagues with an u p-date on the Government’s commitment to reform the Bermuda Public School System . Mr. Speak er, the overarching drive to the Government’s 2020 election commitment to reform education is developing and ensuring high- quality and equitable education for all of Bermuda’s children. This must be the priority of everyone. We must put in place a revived, recalibrated and repurposed education sy stem having a foundation that can bear the tests of time for future generations. That is for our children, our children’s children and their children in that all students no matter how they learn, they are educated to lead personally and professionally, compete locally and contribute globally. Our children must be pos itioned for success. Mr. Speaker, the current education system is not serving our children or our educators at the highest level of excellence which t hey deserve. Our public schools must be places where students are put first and educators are valued. Our schools must be places where students not only learn, but they also feel safe to express themselves, to take risks, to pursue their interests and maxi mise their potential. Our st udents must be challenged to be innovative and d ynamic critical thinkers, entrepreneurs and intellectuals. Our educators must be equipped with ample teaching tools to help them deliver an education curriculum with creativity and passion, and create a positive learning environment. Mr. Speaker, I am sure my honourable colleagues in the House this morning will agree with me that a shift is needed in our public education system. We must do things differently for our children and t he future of this Island. We cannot continue to do the same thing over and over and expect a different r esult, as we know where that leads to. This is not the direction we will travel. The time is now, Mr. Speaker. Change is inevitable, and change is forthcoming for our public -school system. Mr. Speaker, with this in mind, the work needed to help bring this kind of change to fruition for the benefit of our students and our educators will be both impactful and wide- reaching. So this morning I am providing my honourable colleagues with an update on four initiatives of education reform change that are either in train or about to start: 1. the development of an Education Authority; 2. the implementation of the Learning First Pr ogramme; 3. the phasing out of middle schools and intr oduction of signature schools; and 4. a consultation process on the introduction of parish primary schools. Mr. Speaker, let me start with the Education Authority development and what has happened to date. A committee consisting of the Chairman and Deputy Chair of the Board of Education; members from the BermudaFirst Education Committee; and our Education Consultants, Innovation Unit, have been
Bermuda House of Assembly hard at work on this initiative. As outlined in the 2020 election platform, in keeping with a recommendation from BermudaFirst and with the support of the Bermuda Union of Teachers and the Bermuda Public Services Union, an Authority for public education, which will strengthen the performance management of all schools and persons at the administrative, clas sroom and student support levels within the Depar tment of Education, is being developed. This team has been working diligently looking at several options, and will continue to work on the Authority to ensure that our schools in the new system will run effic iently, effectively and to the highest standards possible. Mr. Speaker, I will now discuss the implementation of the Learning First Programme. I remind this Honourable House that one of the Government’s 2020 platform initiatives for education reform is i mplementing the Learning First Programme, which involves a wide range of stakeholders —that is, educators, school leaders, parents, businesspersons, unions, cultural and community partners collaboratively working t ogether to design an improved learning envi ronment for public schools. In preparation for launching this pr ogramme, the Learning First website, www.learningfirstbda.com was established in August to gauge interest from our educators, give them some insight of what the programme entailed and encourage their participation. During mid -October, the Learning First Go vernance Team released advertisements via the print media, email and social media platforms inviting the general public to visit the website and complete an expression of interest to become a part of a school design team. The application process was intentional to secure persons who not only had an interest in pu blic school education, but who could also cont ribute at a high level and lend value to the design of improved learning. Mr. Speaker, there is a genuine hunger in our community to see change in public school education. The response to the advertisement to participate in this programme was overwhelming, with 175 expressions of interest received and just under 90 applic ations sent in. From this we now have a Design Team of close to 60 persons with a diversity of knowledge, skills and technical abilities working on the new vision for public school learni ng. Due to the overwhelming response, follow -up with the remaining applicants was undertaken to advise them that there will be several opportunities forthcoming where they can participate in the Learning First Programme. Mr. Speaker, the execution of the Learning First Programme Design Team members officially commenced the week of October the 19 th, steered by the Education Ministry’s Governance Team and a team of four education consultants from Innovation Unit who were on Island. Mr. Speaker, I remind my honourable colleagues and the general public that in March this year I announced that the Ministry had contracted with the consulting firm Innovation Unit Ltd. that had a proven track record of more than 15 years’ experience co- designing processes and methodol ogies for education systems. At the same time, I also shared that we will be taking ownership of transfor ming our public school system, and the future education system will be designed by Bermudians via consult ation with local stakeholder groups. The c onsultants were hired to guide us through this change manage-ment process based on their extensive experience in designing education systems. Mr. Speaker, as I earlier shared, the Learning First Programme now comprises a Design Team of 54 persons with a diversity of knowledge, skills and technical abilities working on the new vision for public school learning. They will be steered by the Ministry’s technical officers on the Governance Team and guided by the consultants as we navigate change in public educ ation. The Design Team has been busy at work during the past two months engaged in meetings that include an introduction to digital reporting processes, identifying national and core educational priorities, understanding and building on the public school c ase for change, understanding what is design thinking, changing mind- sets to design new solutions for redesigning the public school system, how to deliver better outcomes for learners, and using research to inform the school redesign process. The objectiv e of the work is to prepare su pport for effective delivery of new learning experiences for our students. Mr. Speaker, change is forthcoming. The Design Team will ultimately be the mentors and champions for the design of learning in the public school system . Mr. Speaker, during the month of November, the Design Team undertook a 360- degree asses sment of the public school system from the perspective of relevant stakeholders and community members — that is, those who know it best. The team members conducted sur veys of students, teachers, principals, school leaders and businesses. This research was critical to gather key data about their experiences with public school education such as what is working well, challenges encountered, improvements needed for the syst em, parental engagement, community and business engagement, most significant learning exp eriences and more. These data will drive the required mind -set for informed decision- making during the design of system learning. Mr. Speaker, all of our stakeholder s have been kept abreast of the objectives and specific work of the Learning First Programme from the start. Two half-day professional development sessions were held with our teachers on October the 27 th at the 37th Annual Conference of the Bermuda Union of Teachers. The first session focused on “Learning First — Glimpses of the Future,” where examples were shared of schools and systems around the world tackling similar challenges as our public school system. The 252 11 December 2020 Official Hansard Report
Bermuda House of Assembly second session covered “Learning First —Think Like a Designer,” which entailed an introduction to innovative mind -sets, user research, prototyping and the i mportance of designing for authentic learning. I am happy to announce that the first monthly newsletter from Learning First will be sent later toda y, and I urge the public to visit their website at www.learningfirstbda.com to sign up by hitting the subscribe button. Mr. Speaker, a stream of information meetings about Learning First were held with the Depar tment of Education staff; school principals; the Board of Education Executive; Directors of the National Education Institute; the Career Development Team in the Department of Workforce Development; and various other organisations, businesses and partners to underscore the national importance of education reform and the role that they play. Mr. Speaker, I will now speak to the initiative of education reform change. In 2017 and again in 2020, the Government election platform pledged to phase out middle schools and introduce a two- tier system of education which will have primary schools and signature schools at the secondary level. The signature schools will focus on the learning styles and interests of our children, including academic and technical subjects, trades, business, sports, arts and special needs education. Mr. Speaker, let me first say that, as stated in the 2020 Speech from the Throne, the Government will bring forth a Bill to amend the Education Act to support the decision to phase out middle schools, i ntroduce signature schools and move from a three- tier to a two -tier public education system. The legislation will phase out middle school education; amend the age range for primary school education to 12 years, which includes the current M1 and M2 years; intr oduce senior level signature school education and amend this age to start at age 13 years, to include the current M3 year; and establish exceptionalities and alternative education for students. Therefore, primary school will extend from P1 to P8, and senior school education will be from S1 to S5. Mr. Speaker, it was anticipated that the first two signature schools would be implemented in Sep-tember 2021. However, we recognise that more time is needed to collect the data to determine the right signatures. The Learning First Programme continues to undertake this research. Upon completion of gat hering the data, there will be a need to do consultation on the signature foci. The intention to consult and e ngage has been further delayed due to COVID -19, unfortunately, as officers were needed to deal with the COVID -19 matters that have arisen in our schools. Mr. Speaker, changing decades -old school systems does not happen overnight. We intend to r eform education equitably and methodically to ensure success for all. We will take our time and measure once, twice or as many times as needed to get this right. Therefore, to lay the firm foundations and enable the widest possible consultation and engagement with teachers, parents, young people and the wider public, ensuring a smooth transition, we will start phasing out middle schools and opening signature schools in Se ptember 2022. Mr. Speaker, change is forthcoming, but it is important not to rush this change and t o get it right the first time. It is critical that we trial, test and refine what signature schools will look like and focus on, with i nput from educators, students, families and the public. In early 2021, the Ministry will undertake a separate consultatio n process regarding the specialisations of each signature school. This is to ensure that interes ted and affected persons have the opportunity to share their views on the signature opportunities. The sign atures will be proposed on the basis of local and int ernational research, including local and global trends currently being undertaken by the Learning First D esign Team. From September 2021, the school Design Teams will design key features of their signature schools, which will provide sufficient lead time to Se ptember 2022 to carefully implement these new signatures and for teachers to have the necessary professional learning to deliver the signatures at a high and consistent quality. As signature schools open, middle schools will be phased out. Mr. Speaker, lastly, the initiative of education reform which will involve the structural realignment that is necessary for our system is the launch of a consultative process on the proposals for parish pr imary schools. Redesigned public primary schools will expand courses and programme offerings to provide students with the range of educational experiences and services that meet international standards. Mr. Speaker, the vision is that each primary school will become the hub of its parish, with parents, surrounding neighbourhoods and community organ isations rallying around schools, supporting educational programmes and initiatives. This will create strong, authentic partnerships to help schools transform into places which are relevant to the needs of 21 st century learners. We are confident, and research shows, that when families, community groups, businesses and schools band together to support learning, students achieve more in school and they enjoy their educ ational experience. The parish school model will facil itate a stronger and more resilient connection amongst students, families and communities. Mr. Speaker, during the consultative process, the Government will propose 10 primary schools, one per parish, with two schools in Pembroke Parish. The maximum enrolment for each primary school will be 300 students, with the intended class size of 15 st udents per class. We intend to continue to co- locate preschools into primary school sites and will consider eventually merging preschools into primary schools.
Bermuda House of Assembly The class s ize for preschool will remain the same, at 10 students per class. Mr. Speaker, let me emphasise that the fewer number of primary schools will facilitate the Gover nment delivering 21st century real world and authentic learning facilities that are modern and which support the transformative teaching and learning practices. We envision our primary schools will have instructio nal classrooms that are open spaces and adaptable for any type of learning style, with appropriate air quality and lighting systems. These include the following: • purpose- built labs or rooms for ICT, family studies, STEAM education and foreign languages; • art, music, dance and drama rooms; • parent resource rooms, library resource ce ntres; and • cafeterias and mini -auditorium s. Mr. Speaker, our children deserve these types of 21st century learning facilities. With a smaller number of primary schools, capital funds can be better utilised and reinvested for modernising and refurbis hing specific buildings which can support the delivery of 21st century education. Mr. Speaker, I have presented a broad overview of the school consultation process. We under-stand that change will be difficult. However, the Mini stry is committed to engaging all of our stakeholders and the general public to provide them w ith the opportunity to inform the change that is needed in our public school system. The consultation document will be launched in the coming days and placed on the Mini stry’s website for public access. The dates of the public consultation meetings will be shared in the New Year. Mr. Speaker, let me close by saying that the change for public education in Bermuda is long overdue. The transformative work started with the exec ution of several strategies in the strategic plan for public school education —Plan 2022—that the public d esired of our system. We commit to continuing the transformative work. We recognise that all of us can be challenged with change, especially change to a system that has been in place for decades. However, I strongly believe that we s hould remain focused on the why of the change—the vision. We want to position our children for generations to come to lead personally and professionally, and to compete locally and contribute globally. They are our future leaders of Bermuda, and we are ded icated to seeing them achieve all of their educational needs. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next item on the Order Paper for this morning is the Statement from the Minister of Labour. Minister Hayward, would you like to present your Statement? DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2018 –2020 Hon. Jason Hayward: Mr. Speaker, this morning I laid the 2018– 2020 …
Thank you, Minister. The next item on the Order Paper for this morning is the Statement from the Minister of Labour. Minister Hayward, would you like to present your Statement? DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2018 –2020
Hon. Jason Hayward: Mr. Speaker, this morning I laid the 2018– 2020 Annu al Report of the Department of Financial Assistance [DFA] as prescribed by the Financial Assistance Act 2001, section 3(4), which states, “The Director shall as soon as practicable after the end of the Government’s financial year make to the Minister and publish in such manner as he thinks appropriate a report of his activities under this Act for that year.” Mr. Speaker, let me first state that the tabling of this report is delayed as a result of a number of changes in administration, beginning in 2018 w hen the new director was appointed. The department also experienced two Ministry changes, and then the COVID -19 pandemic preparations impacted the output of this report. Mr. Speaker, the annual report highlights some significant results achieved during t his reporting period, which include the following: i. reduction in the number of client complaints; ii. reduction in the number of complaints to the Ombudsman’s Office; iii. reduction in the number of appeals to the DFA Review Board; iv. enhanced monitoring and control of expenditure; v. implementation of new internal policies and procedures; vi. improved audit reviews; vii. improved governance and management of client case files; and viii. front-end cross -ministerial discussions and mapping of Financial Assistance reform initi atives. Mr. Speaker, work continues in earnest to improve the quality of the customer experience. The team is seriously working on transforming the service delivery from mediocre to professional and highquality -level delivery. This has led to a decrease in the number of complaints lodged with the Ombudsman’s Office and the former ministries. In addition, there was a marked decrease in the number of appeals referred to the review board requesting overture of decisions meted out from the director’s office. With the impl ementation of community pre- screening activities by the social workers, applicants who are unable to attend the offices in Hamilton can complete the process in the comfort of their own homes. This is just one example of improved services available particu larly for the elderly and disabled— the two largest categories receiving assistance. The new intake process has r educed the time period between receipt of application and the resulting decision. Mr. Speaker, the report provides information that demonstrat es ongoing work being performed to maintain fiscal responsibility by enhancing the moni254 11 December 2020 Official Hansard Report
Bermuda House of Assembly toring of expenditures and reducing the risk of fraud. Stringent procedures were implemented to ensure that the investigative officers utilised compliance guidelines and worked more closely with the Attorney General’s Chambers [Chambers] to standardise pa yment agreements to reduce receivables [overpayment of funds] and discourage fraud. During the 2018/19 fiscal period, two cases of suspected money laundering were reported to the Bermuda Police Service. The outcomes of these cases are still pending. Approx imately 12 cases were referred to Chambers for review and instruction during this combined period. This is an exercise used to persuade offenders to commit to r eimbursing the public purse. Mr. Speaker, during the final year of this r eporting period, the department underwent an organ isational review conducted by the Management Services Consulting Team. The outcome of this asses sment indicated that certain changes were req uired in order to realise an optimal framework and improved efficiencies that would ensure current and projected demands are met. In addition, teams were changed and case management functions were evenly distri buted amongst workers to promote equity [and] improved quality of work. New processes and proc edures were introduced and implemented for good governance. Mr. Speaker, the report illustrates a fiveperformance trend for our department. It remains that the categories, from highest participants to lowest, are pensioners, disabled, earnings -low and abled -bodied unemployed. The highest expenditures are rent, nur sing homes, food and insurance. There is little change in these categories from period to period. Similarly, the Child Day Care Programme trend does not show any significant changes throughout the years. Mr. Speaker, in February 2018 the Financial Assistance Reform Group presented recommenda-tions to Cabinet, but unfortunately this presentation was not successful and members of the group were requested to revise their submission in an effort to gain subsequent support. Following a revision, the newly proposed reform strategy put before Cabinet contained 17 objectives and 30 recommendations. These recommendations received favour and were published on the government’s portal for public consumption. The department began the consultative process in an effort to prioritise and establish a phased approach to garnish a successful implement ation. The first recommendation, to restructure the de-partment, was c ompleted by the end of this reporting period. There will be more transformation and repor ting on reform initiatives in the future. Mr. Speaker, the Ministry would like to take this opportunity to thank the Department of Financial Assistance Team, all par tners who collaborated to support the work that is being carried out. These efforts will ensure that Bermudians gain access to services that will assist them to sustain a respectable level of living. It is the goal of the Ministry to go a step further to position Bermudians in gainful and respec tful opportunities in the local workforce. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement is that of the Minister of Health. Minister, would you like to put your Stat ement? COVID -19 VACCINE FOR BERMUDA Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I appear today to inform this Honourable House of the preliminary plan for …
Thank you, Minister. The next Statement is that of the Minister of Health. Minister, would you like to put your Stat ement?
COVID -19 VACCINE FOR BERMUDA
Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I appear today to inform this Honourable House of the preliminary plan for COVID19 vaccination in Bermuda. Preparations are well u nderway to bring COVID -19 vaccine to Bermuda, and I will outline what we intend to achieve in the first rollout of the vaccine and how we will include the entire health system in our efforts to offer t he vaccine to i mmunise Bermuda’s population against COVID -19. Mr. Speaker, Bermuda has two sources for procuring vaccines against COVID -19. The source that will be here first is through the Foreign and Commonwealth Office, which is being facilitated by G overnment House and through direct talks between the Chief Medical Officer and Public Health England. Bermuda will be supplied with 9,000 doses of the Pfizer vaccine, and they will arrive on our shores in the first week of January 2021. The Pfizer vaccine is stored at ultra- low temperatures. Most vaccines are refrigerated, but this particular vaccine must be kept in a freezer at - 70 degrees Celsius. And, Mr. Speaker, this is arctic conditions! Mr. Speaker, the Bermuda Institute of Ocean Sciences (or BIOS) has very generously provided the Ministry of Health with an ultralow temperature freezer, a specialist piece of equi pment to supplement the freezers that the Ministry has also procured. Mr. Speaker, the second vaccine source is through Gavi, the Vaccine Alliance Geneva, which is administering the COVID -19 Vaccine Global Access Facility (or COVAX Facility). Bermuda has joined the COVAX Facility and has purchased enough doses to cover 20 per cent of our population. The leading vaccines likely to be receive d by Bermuda are those by AstraZeneca and Moderna. An advantage of the AstraZeneca vaccine is that it does not need to be stored at ultra- low temperatures; it is compatible with our existing vaccine fridges. The timeline for receipt of these vaccines through the COVAX Facility has not yet been settled. How does the COVID -19 vaccine work? Mr. Speaker, the vaccine introduces genetic material called mRNA into the body that contains instructions to make a spike protein of COVID -19. In response to the protein, the body’s immune system starts to make antibodies which provide protection if a person comes
Bermuda House of Assembly into contact with the virus. Getting COVID -19 may offer some natural protection known as immunity. But experts do not know how long this protection lasts, and the risk of severe illness and death from COVID - 19 far outweighs any benefits of natural immunity. The COVID -19 vaccination will help protect you by creating an antibody response without [your] having to experience sickness. Mr. Speaker, the Health Ministry ’s Senior Medical Officer, Dr. Heather Armstrong, has convened and leads the COVID -19 Vaccination Steering Committee that is [comprised] of representatives from the Expanded Programme for Immunisation (EPI). It i ncludes the Chief Nursing Officer from the B ermuda Hospitals Board and Dr. Sylvanus Nawab, who is a paediatrician who represents the GP's [general pract itioners]. The committee is also closely collaborating with the well -established Bermuda Advisory Commi ttee on Immunisation Practices [BACIP]. The B ermuda Advisory Committee on Immunisation Practices pr ovides guidance on the implementation of the COVID - 19 vaccine. This advisory committee, in its evidencebased advisory role, will provide transparency and credibility to the decision- making process and contri bute to building public confidence in the vaccination programme. Some of the responsibilities of the Bermuda Advisory Committee on Immunisation Practices include the following: • reviewing recommendations from international bodies such as the W orld Health Organization and P ublic Health England; • periodic reviewing of country -relevant data on the national epidemiology of COVID -19, i ncluding laboratory -confirmed cases, hospital isation and deaths associated with COVID -19, and any relevant data; • advising the Ministry of Health on priority groups and vaccination strategies based on the evidence available, including global and regional guidance; • recommending to the COVID -19 Vaccine I mplementation Coordinating Committee the best communication approaches regarding COVID -19 vaccine introduction, taking into account vaccine characteristics and public acceptance dynamics, and • providing vaccine- specific recommendations as new information comes in about the COVID -19 vaccines under development , including o efficacy, immunogenicity and safety in different ages and risk groups ; o the effect of the vaccine on transmi ssion of infection; and o the available supply of vaccine and vaccine supply forecasts. Mr. Speaker, the COVID -19 Vaccination Committee has been focused first on ensuring the infrastructure and cold chain for the vaccine to be r e-ceived and distributed. A second area of focus is a training plan for clinical professionals who will admi nister the vaccine; and a third area of focus relates to the recordkeeping system. Mr . Speaker, the Electronic Immunization Registry (or the EIRS) has been pr ocured from the Pan American Health Organization. The EIRS will be vital in recording that individuals have received both doses of this multidose vaccine. It will also track stocks, cold -chain monitoring and distr ibution, and it will facilitate the creation of vaccine passports. Finally, the committee is tasked with i mplementing a communications plan and campaign to answer the public's questions on the vaccine and to encourage its uptake. Mr. Speaker, COVID -19 vaccination will be voluntary, but it is already clear that the travel industry is likely to make evidence of “ immunity by vaccination” a requirement for crossing international borders. I ndeed, the IATA (or International Air Transport Ass ociation) has already started to create a vaccine pas sport for pilots and crew of airlines; and as part of their future plans, vaccine passports for travellers will be included. While travel is certainly a strong incentive to be vaccinated, the i nitial implementation of the vaccine in Bermuda will be linked to protecting our country's most vulnerable citizens. It will also focus on gi ving immunisations to those persons who are caregi vers and medical professionals in intimate contact with clients a nd patients on a daily basis in our health care institutions and care homes. It is envisioned that Bermuda’s health professionals will arise to be vaccinated in the first phase as an authentic signal of their pr ofessionalism and duty of care for the vulner able persons in their charge. Mr. Speaker, Bermuda has a disproportionate number of elderly and vulnerable residents due to chronic conditions like high blood pressure and diab etes. We do not have a young population, so the need for the vaccine here is e ven greater than in some ot her countries. Using census data, the Ministry is pr oducing a plan to ensure that the most vulnerable r eceive the vaccine first, along with the health care pr ofessionals who are on the front lines and who care for these vulnerabl e persons. In subsequent phases, further groups of the population will be given access to the vaccine as we strive to vaccinate and immunise at least 60 per cent of our population. Mr. Speaker, of course the demand for vaccine passports for international travel will start to accelerate as vaccines are rolled out worldwide, and Bermuda will keep ahead of this demand for credentials so that our borders can remain open to our own citizens. To manage expectations, it needs to be clearly stated that the desired result of the first phase of vaccination is not to end the pandemic, but to pr otect our health care workers and our most vulnerable. Mr. Speaker, this important work cannot be done by the Ministry alone. We will be partnering with 256 11 December 2020 Official Hansard Report
Bermuda House of Assembly general practitioners and the health care system generally to ready the entire health system for the distr ibution of the vaccines as soon as they become avai lable, to ensure that they are distributed as widely as possible and that full access to them is ensured. I mplementation of record- keeping across the health sy stem, and using the aforementioned electronic immunisation record programme, will be a key part of our success. In the coming weeks, we will be organising a series of interactive sessions to encourage the public to as k questions and get direct answers from medical professionals. In closing, Mr. Speaker, wearing masks and social distancing help reduce your chance of being exposed to the virus or spreading it to others, but these measures are not enough. Vaccines will w ork with your immune system so it will be ready to fight the virus if you are exposed. The combination of getting vaccinated and following the Health Ministry’s guidelines on how best to protect yourself and others will offer the best protection of all from COVID -19. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister, for your Stat ement. Members, that brings us to the close of the Statements that were on the Order Paper this mor ning. However, Members, I would like to bring to your attention that th ere will possibly be a need for us to suspend the rule …
Thank you, Minister, for your Stat ement. Members, that brings us to the close of the Statements that were on the Order Paper this mor ning. However, Members, I would like to bring to your attention that th ere will possibly be a need for us to suspend the rule later in the day for a special Stat ement that will be made in reference to some of the ongoing matters regarding the whole situation in the health . . . in Bermuda. And I will just ask your indulgence at that time and when we are at that stage.
REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerWe have two written questions this morning—two Members who have written questions this morning. And both require oral responses. The time now is 11:29, and we will be going to lunch at 12:30 to 2:00. So we have just about an hour —we have an hour to complete it. The …
We have two written questions this morning—two Members who have written questions this morning. And both require oral responses. The time now is 11:29, and we will be going to lunch at 12:30 to 2:00. So we have just about an hour —we have an hour to complete it. The first question this morning is a written question from the Opposition Leader to the Premier. Opposition Leader, would you like to put your question?
QUESTION 1: MINISTERIAL POSITIONS FULL - AND PART -TIME
Hon. N. H. Cole Simons: Will the Honourable Premier please provide to this Honourable House a list of which Ministers are full time and which Ministers are part tim e?
The SpeakerThe SpeakerThank you. Premier. Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Hon. E. David Burt: Mr. Speaker, in regard to the first question which the Honourable Minister just asked, if you would inform the Honourable House of the names of the full -time Ministers, that is the question I have in front of me. Myself as the Premier; the …
Good morning. Hon. E. David Burt: Mr. Speaker, in regard to the first question which the Honourable Minister just asked, if you would inform the Honourable House of the names of the full -time Ministers, that is the question I have in front of me. Myself as the Premier; the Deputy Premier and Minister of Home Affairs; the Attorney General and the Minister of Legal Affairs and Constitutional Reform; Minister of Finance; Minister of Public Works; Minister of Health; Minister of Labour; Minister to the Cabinet Office; Minister of Social Development and Seniors; Minister of Education; and Minister of Transport. Mr. Speaker, I can also inform and it kind of goes t o the second question which asks the names of part-time Ministers. However, at the time this question was asked, one of the Ministers mentioned was part time. And as of yesterday that Minister is full time. And I will answer that in the second question.
The SpeakerThe SpeakerOpposition Leader. I am trying to get you unmuted. You are unmuted now. Hon. N. H. Cole Simons: I only had one question.
The SpeakerThe SpeakerYes, that is right. It was just a two -part question. It was the same question. It just asked . . . Maybe yo u did not hear it. Full time and part time, list of the names. So you can name the part time. Hon. E. David Burt: Thank …
Yes, that is right. It was just a two -part question. It was the same question. It just asked . . . Maybe yo u did not hear it. Full time and part time, list of the names. So you can name the part time.
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, in regard to the question about part-time Ministers, the Minister of National Security is serving as part time, has been serving as part time since her appointment to that position. And the Mini ster of Youth, Culture and Sports was serving part time until Wednesday when he came on as a full -time Mi nister.
The SpeakerThe SpeakerThank you. Hon. N. H. Cole Simons: Thank you. No further ques tion.
The SpeakerThe SpeakerThe second question is from MP Dunkley, who has three questions all for oral r esponse. MP, would you put your questions? Bermuda House of Assembly Hon. Michael H. Dunkley: Good morning, Mr. Speaker, and good morning, colleagues. Mr. Speaker, there seems to be some conf usion here. Because when …
The second question is from MP Dunkley, who has three questions all for oral r esponse. MP, would you put your questions?
Bermuda House of Assembly Hon. Michael H. Dunkley: Good morning, Mr. Speaker, and good morning, colleagues. Mr. Speaker, there seems to be some conf usion here. Because when I sent in the questions by December 2nd, I asked that these questions be for written reply on December 11th.
The SpeakerThe SpeakerOkay. I can only go by what is here right now, and they all have the asterisk beside them. Hon. E. David Burt: Mr. Speaker, if I may assist as well? I am sorry. I do not know if the Cabinet Secr etary did not inform your offices, but due …
Okay. I can only go by what is here right now, and they all have the asterisk beside them.
Hon. E. David Burt: Mr. Speaker, if I may assist as well? I am sorry. I do not know if the Cabinet Secr etary did not inform your offices, but due to the work that [we were] trying to take [care of] this week, those questions wil l be deferred. I will be happy to provide written answers to the Member. We can either do it at the next House sitting, or I can get them to him sooner than that. But I do not have the answer to the question at this time.
The SpeakerThe SpeakerOkay. MP, the Premi er has indicted that because of ongoing issues this week, they did not get done. But rather than wait until the next sitting, as this is the last sitting today for this session, he can have the written answers provided for you very soon. Hon. Michael …
Okay. MP, the Premi er has indicted that because of ongoing issues this week, they did not get done. But rather than wait until the next sitting, as this is the last sitting today for this session, he can have the written answers provided for you very soon.
Hon. Michael H. D unkley: That certainly is accept able, Mr. Speaker, and thank the Premier for that undertaking.
QUEST IONS: MINISTERIAL ADVISORS OR CONSULTANTS AND THEIR REMUNERATION [Deferred]
Hon. Michael H. Dunkley: Will the Honourable Premier please inform this Honour able House which Government Ministers (including the Pre mier) have at any time since 8 th March 2019 had e ither Advisors or Consultants as per the Ministerial Code of Conduct, and list the name of the Advisor or Consultant and the Ministry to which he/she i s attached?
Hon. Michael H. Dunkley: Will the Honourable Premier please provide this Honourable House the total remuneration and benefit package for each Advisor or Consultant listed?
Hon. Michael H. Dunkley: As per the Premier, Ministers and Opposition Leader Personal Staffs Act 2019, can the Premier please name all people hired or remaining as personal staff since the O ctober 1 st General Election listing job title, respo nsibility and all benefits of each person hired?
The SpeakerThe SpeakerThat brings us to a c lose of the written questions. We now move on to the questions based on today’s Statements. The first Minis ter who has questions to the Statement this morning is the Deputy Premier. Deputy Premier, in reference to your Stat ement on Bermuda Ocean [Prosper …
That brings us to a c lose of the written questions. We now move on to the questions based on today’s Statements. The first Minis ter who has questions to the Statement this morning is the Deputy Premier. Deputy Premier, in reference to your Stat ement on Bermuda Ocean [Prosper ity Programme], you have two Members, the O pposition Leader and another Member. Opposition Leader, would you like to put your question first?
Hon. N. H. Cole Simons: Thank you very much. I see, Mr. Speaker, that the Waitt I nstitute is involved in the Marine Spatial Plan, which basically oversees the marine usage plan and conservation. Can the Minister tell us why Waitt was chosen? And was there a te ndering process?
The SpeakerThe SpeakerDeputy Premier, are you avai lable? [No audible response]
The SpeakerThe SpeakerWe are going to move on to the next Statement, and then we will come back to the Deputy Premier. Is that okay with you, Honourable Member? Hon. N. H. Cole Simons: Yes, that is fine.
The SpeakerThe SpeakerOkay. The next Statement this morning which has an indication for a question is that from the MP Pearman to the Attorney General. MP Pearman, would you like to put your question? [Pause]
The SpeakerThe SpeakerWe see you now. 258 11 December 2020 Official Hansard Report Bermuda House of Assembly QUESTION 1: LEGAL AID OFFICE ANNUAL REPORT 2013 –2019
Mr. Scott PearmanThank you very much, Mr. Speak er. Will the Honourable and Learned Attorney General address —this is [in regard to] the Statement that she gave in relation to the Legal Aid Office at page 3 of the Statement.
Mr. Scott PearmanShe indicated that recruitment drives are still underway to fill the posts substantively. And I am quoting here from her Statement: “In the interim, the Legal Aid Office has been staffed, temporarily, by qualified barristers with the professional experience . . .,” et cetera. My question for the Honour able …
She indicated that recruitment drives are still underway to fill the posts substantively. And I am quoting here from her Statement: “In the interim, the Legal Aid Office has been staffed, temporarily, by qualified barristers with the professional experience . . .,” et cetera. My question for the Honour able and Learned Minister is, Has this temporary staf fing led to increased costs for the Legal Aid budget or Department (or Office)?
The SpeakerThe SpeakerThank you. Attorney General? Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker, and thank you, Member . No, it has not. The posts are vacant, and the staffing by consultants has been taken out of those boards or those vacant posts and paid at that rate. So there has been …
The SpeakerThe SpeakerSupplementary or new question?
Mr. Scott PearmanWhen is it anticipated that the temporary consultant will finish his post and a perm anent person will be hired into that role at the Legal Aid Office? Hon. Kathy Lynn Simmons: Mr. Speaker, we actually undertook a recruitment drive, I believe last year or the beginning of this year. …
When is it anticipated that the temporary consultant will finish his post and a perm anent person will be hired into that role at the Legal Aid Office?
Hon. Kathy Lynn Simmons: Mr. Speaker, we actually undertook a recruitment drive, I believe last year or the beginning of this year. And unfortunately, the applications favoured three non- Bermudian appointees. And that was not an option for that office, particularly when we have Bermudians who are in need of work. We are starting recruitment again, so I am hopeful that by April we will have substantive postholders.
The SpeakerThe SpeakerOkay. Supplementary or new question?
The SpeakerThe SpeakerGo ahead. QUESTION 2: LEGAL AID OFFICE ANNUAL REPORT 2013 –2019
Mr. Scott PearmanThank you. Will the Honourable and Learned Minister . . . at pages 4 and 5 of your Statement you deal with the budgetary items and constraints in r elation to the budget generally. Has the Honourable and Learned Minister —has the department more broadly consi dered ways to increase …
Thank you. Will the Honourable and Learned Minister . . . at pages 4 and 5 of your Statement you deal with the budgetary items and constraints in r elation to the budget generally. Has the Honourable and Learned Minister —has the department more broadly consi dered ways to increase revenue into the department, and more specifically revenue into the department through the raising of court fees? Hon. Kat hy Lynn Simmons: Thank you for that [question], Mr. Speaker. That actually is a very topical conversation that we are having right now in the Mi nistry because the court fees are in fact very low. So I will be able to inform this Honourable House of the progress made in that regard when we return.
The SpeakerThe SpeakerThank you. Supplementary or new question?
Mr. Scott PearmanIn respect of the consideration of those court fees, has specific consideration been gi ven to tiered fees that are related to the value of parti cular claims? By way of example, if a claim was worth several million dollars, it would have a larger fee. Has consideration been given …
In respect of the consideration of those court fees, has specific consideration been gi ven to tiered fees that are related to the value of parti cular claims? By way of example, if a claim was worth several million dollars, it would have a larger fee. Has consideration been given to that sort of approach to generate revenue for the court system? Hon. Kathy Lynn Simmons: I am not in a position, Mr. Speaker, to speak to the detail of the policy considerations regarding fees. But as I said, I am happy to come back and give specific information, if not before retur n.
The SpeakerThe SpeakerThank you. Supplementary or new question?
The SpeakerThe SpeakerSecond supplementary. Go ahead.
Mr. Scott PearmanYes. Can the Honourable and Learned Minister perhaps give a timeframe for when we can expect an outcome on the consideration of Bermuda House of Assembly measures to generate further revenue for the court systems? Hon. Kathy Lynn Simmons: I can only say that it is topical and it is …
Yes. Can the Honourable and Learned Minister perhaps give a timeframe for when we can expect an outcome on the consideration of
Bermuda House of Assembly measures to generate further revenue for the court systems? Hon. Kathy Lynn Simmons: I can only say that it is topical and it is a priority. I am unable to give you a firm time period, but it should be before April.
The SpeakerThe SpeakerThird question. QUESTION 3: LEGAL AID OFFICE ANNUAL REPORT 2013 –2019
Mr. Scott PearmanWell, my third question is simply this: In terms of providing this information, will the Honourable and Learned Minister come back to the House of Assembly and update the House in this r espect at some point prior to April? Hon. Kathy Lynn Simmons: Quite frankly, I do expect the …
Well, my third question is simply this: In terms of providing this information, will the Honourable and Learned Minister come back to the House of Assembly and update the House in this r espect at some point prior to April? Hon. Kathy Lynn Simmons: Quite frankly, I do expect the exercise to be completed before April. And if that is in fact the case, it will be in the public domain. But I am happy to share with the Member as we go along that route. If not, it certainly will be something that we come back to the House with. So whatever is the fastest completion date, I can only undertake that Members will be suitably i nformed.
Mr. Scott PearmanThank you. I thank the Honour able and Learned Minister for her answers to the questions. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Attorney General, that was the only Member who had put forth questions for you. We now are back to Deputy Premier. I see you on the screen. Are you available to answer your questions now? Hon. Walter H. Roban: Yes. Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. Opposition Leader, would you like to put your question to the Deputy Premier? [Pause]
The SpeakerThe SpeakerLet us see if we can unmute you. Okay. It is to you now. Whoops, you are muted again. [Laughter] Hon. N. H. Cole Simons: Do not touch.
The SpeakerThe SpeakerI can hear you now. QUESTION 1: BERMUDA O CEAN PROSPERITY PROGRAMME —PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. N. H. Cole Simons: As we all know, the Marine Spatial Plan is a marine usage plan and conservation plan. Can the Minister tell us why the Waitt Institute was …
I can hear you now.
QUESTION 1: BERMUDA O CEAN PROSPERITY PROGRAMME —PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS
Hon. N. H. Cole Simons: As we all know, the Marine Spatial Plan is a marine usage plan and conservation plan. Can the Minister tell us why the Waitt Institute was chosen and what tendering process did we use to engage them?
The SpeakerThe SpeakerDeputy Premier. Hon. Walter H. Roban: Mr. Speaker, this was a subject of Ministerial Statements previously. And all the Member needs to do is go back in the record and find my Statements about the announcement of the Waitt Foundation being a part. But I think the Honourable Member knows …
Deputy Premier.
Hon. Walter H. Roban: Mr. Speaker, this was a subject of Ministerial Statements previously. And all the Member needs to do is go back in the record and find my Statements about the announcement of the Waitt Foundation being a part. But I think the Honourable Member knows the history around this already be-cause he was an Environment Minister when the Waitt Foundation approached the Bermuda Government. So he actually knows the history around this. And it came out of the Ocean Risk [Summit] some years ago, the introduction of Waitt to Bermuda. And it was from that, when we became Government, the Waitt Foundation came to us with an interest in moving forth with developing a Marin e Spatial Plan for Bermuda. They are the ones who came to us with the offer. And this was not a process where it was an open bid, because this is their work that they do for a variety of jurisdictions around the world. So it was not the subject of any tend ering process as such; this is the work that Waitt offered to do for us. We are not having to pay any money for it. They are doing it because this is their mandate that they do around the world globally with pr omoting sustainable use of the oceans, and al so pr otections of the ocean in a balanced manner.
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Okay, but the Honourable Member knows the history of this, so his question is rather redundant —[with] all due respect, Mr. Speaker. 260 11 December 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Thank you. T hank you, Deputy Premier. [Crosstalk]
The SpeakerThe SpeakerThe Member has a right to get up if he can relate it to the Statement that is put today. Member, do you have a supplementary or a new question? Hon. N. H. Cole Simons: Just a comment on his comment. I am asking the question so the community knows, …
The SpeakerThe SpeakerNo further question? Hon. Walter H. Roban: It is all in the public record , Mr. Speaker. [Crosstalk]
The SpeakerThe SpeakerMembers, Members, we are not going to have a back -and-forth. Do you have any further questions? Hon. N. H. Cole Simons: Yes, I do, Mr. Speaker.
The SpeakerThe SpeakerA new question or a supplementary? Hon. N. H. Cole Simons: It is a new question.
The SpeakerThe SpeakerYour second question. QUESTION 2: BERMUDA OCEAN PROSPERITY PRO GRAMME —PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. N. H. Cole Simons: My second question: The Minister speaks to the Blue Strategy. To me, a strat egy is part of a plan. So can the Minister provide details of where …
Your second question.
QUESTION 2: BERMUDA OCEAN PROSPERITY PRO GRAMME —PROGRESS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS
Hon. N. H. Cole Simons: My second question: The Minister speaks to the Blue Strategy. To me, a strat egy is part of a plan. So can the Minister provide details of where he stands on this Blue Marine Economic D evelopment Plan? Because a strategy is just a mechanism within a plan.
The SpeakerThe SpeakerMinister. Minister? Hon. Walter H. Roban: Mr. Speaker, I am just getting my video started again. Sorry.
The SpeakerThe SpeakerOkay. Hon. Walter H. Roban: That t erm is his term; that is not the term that was referenced in my Statement. My Statement referenced the Blue Economy. That is the only term that we have used. And to develop the Blue Economy, as my Statement says (so perhaps the …
Okay. Hon. Walter H. Roban: That t erm is his term; that is not the term that was referenced in my Statement. My Statement referenced the Blue Economy. That is the only term that we have used. And to develop the Blue Economy, as my Statement says (so perhaps the Honourable Member should read it again and he will understand what I spoke about), is that the Marine Spatial Plan will help map out the Blue Economy. And as I outlined, there are 13 different industries which will be the subject of what we look at and how those industries can be max imised within the exclusive ec onomic zone. Economic plans will then come out of these components once they are finished. And there is a very well- heeled and well -organised steering committee which will do that work. So once that work is done, we will certainly bring it to the public and to the House, and they will know clearly what the plans are as it relates to the development of the Blue Economy.
Hon. N. H. Cole Simons: Thank you. And will Waitt Institute be—
The SpeakerThe SpeakerIs this a supplementary or a n ew que stion? Hon. N. H. Cole Simons: Yes, supplementary.
The SpeakerThe SpeakerGo ahead. SUPPLEMENTARIES Hon. N. H. Cole Simons: And so will Waitt Institute be involved in the development in the Marine Ec onomic Development Plans?
The SpeakerThe SpeakerMinister. Hon. W alter H. Roban: The name is pronounced wait, not Wyatt. Hon. N. H. Cole Simons: Okay. I take your correction. Hon. Walter H. Roban: Yes. They have pledged to work with Bermuda for the long term to make sure that this and our Blue Economy Strategy is …
Minister.
Hon. W alter H. Roban: The name is pronounced wait, not Wyatt.
Hon. N. H. Cole Simons: Okay. I take your correction.
Hon. Walter H. Roban: Yes. They have pledged to work with Bermuda for the long term to make sure that this and our Blue Economy Strategy is impl emented and works to the best interest of all Bermudians, and that Bermudians are at the forefront of the benefit from the Blue Economy and all the plans and strat egies that will come as a result. Hon. N. H. Cole Simons: Supplementary.
The SpeakerThe SpeakerSuppl ementary. Yes, this is your second supp. Hon. N. H. Cole Simons: Yes. So for the marine economy, have they also engaged with us at no cost? Hon. Walter H. Roban: Waitt’s engagement, as I have said before— and the Honourable Member can go back in the Hous e …
Suppl ementary. Yes, this is your second supp.
Hon. N. H. Cole Simons: Yes. So for the marine economy, have they also engaged with us at no cost?
Hon. Walter H. Roban: Waitt’s engagement, as I have said before— and the Honourable Member can go back in the Hous e record and read all of my Statements in relation to this —Waitt’s work is being done free of charge for Bermuda. They are a foundation that does this [work] globally. It can be well r eBermuda House of Assembly searched if he so wishes. And they are doing the work free of charge. They are providing the expertise. They do the [INAUDIBLE] technology and resources to achieve this goal. We are not paying for it. Hon. N. H. Cole Simons: Thank you, Mr. Minister.
The SpeakerThe SpeakerAny further questions? Hon. N. H. Cole Simons: No. I do not have any fu rther questions.
The SpeakerThe SpeakerThank you. Minister, there is another Member who has questions for you. MP Dunkley, would you like to put your questions to the Minister? QUESTION 1: BERMUDA OCEAN PROSPERITY PROGRAMME —PROGRESS ON IDENTIFYING OCE AN RENEWABLE ENERGY SOLUTIONS Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister: …
Thank you. Minister, there is another Member who has questions for you. MP Dunkley, would you like to put your questions to the Minister?
QUESTION 1: BERMUDA OCEAN PROSPERITY PROGRAMME —PROGRESS ON IDENTIFYING OCE AN RENEWABLE ENERGY SOLUTIONS
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister: The Honourable Minister on page 4, you mentioned “our nearshore and our exclusive economic zone [and the] great potential for renewable energy deve lopment.” You go on to talk about three different areas that can be captured in the ocean, the technologies —offshore wind, floating solar and tidal power, ocean wave and ocean thermal energy conversion. In that, you talk about the feasibi lity. The question to you, Honourable Minister, is, How have you measured feasibility to rank these in first, second and third order?
Hon. Walter H. Roban: Thank you for the question. As was outlined in my Statement, I will work with both the Waitt Foundation and the Rocky Mountain Inst itute, and their will was described in my Statement. They are the ones at my request who did the feasibi lity [study] as to ranking, determining which technol ogies could be possibly used within our marine env ironment. They assessed their performance globally and, when rated, what will be most applicable in Bermuda based on their assessment. And even though I mentioned four, the two top technologies that they felt would be applicable to Bermuda were floating wind and floating solar. So they did the assessment, both the Rocky Mountain Institute and the Waitt Foundation together, and pr esented an as sessment to the Go vernment on that basis.
Hon. Michael H. Dunkley: Supplementary?
The SpeakerThe SpeakerSupplementary. Put your first suppl ementary. SUPPLEMEN TARIES Hon. Michael H. Dunkley: That is correct. Just rewording the question in another way. So, to the Honourable Minister: What were the pa-rameters that enabled offshore wind to be the most feasible? How did it get that ranking? I am aware of …
Supplementary. Put your first suppl ementary. SUPPLEMEN TARIES
Hon. Michael H. Dunkley: That is correct. Just rewording the question in another way. So, to the Honourable Minister: What were the pa-rameters that enabled offshore wind to be the most feasible? How did it get that ranking? I am aware of Waitt Foundation and Rocky Mountain Institute helped us on this. What were the parameters that ranked of fshore wind as number -one and most feasible? Was it the cost involved? Was it return on investment? Was it the ability to generate power? What gave it the number-one ranking?
Hon. Walter H. Roban: Wind was ranked high b ecause of, one, its ease to deploy. And the likelihood is that it will be the most productive as it relates to ener-gy generation and would perhaps be the least inv asive in our environment, and also its performance elsewhere, which is well proven. It is a proven tec hnology. And in other jurisdictions offshore wind has provided great success with jurisdictions moving away and severely decreasing in a positive way their use of fossil fuel; and floating wind because we are looking for opportunities that would be the least invasive on our very delicate environment. So floating options are what we are looking at. Floating wind, over very r ecent years, has been proven to be successful in a number of parts of the world. And in conditions also, Honourable Member and Mr. Speaker, that actually will work well in Bermuda even with our very variable climate conditions, [as] we are exposed to hurricanes. Wind performs well in very harsh conditions, such as we would know that in the North Sea area wind is quite well used in Europe and other places and is d oing well. This would work also here in Bermuda. So these are technologies that have been proven, that actually have shown to perform well in conditions not so di fferent from Bermuda. And their yield on energy efficiency and production are high, which are the reasons why it was highly rated. [These are] just some of the reasons. But those certainly are some of the key reasons why wind and floating wind were rated s o highly as a potential opportunity for Bermuda.
The SpeakerThe SpeakerThank you. Supplementary or new question? Hon. Michael H. Dunkley: Second supplementary,
Mr. Speaker.
The SpeakerYes. Hon. Michael H. Dunkley: Yes. In regard to the feasibility studies fo r these technologies, was the cost versus the benefit weighed in as an important factor in the feasibility? 262 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: Yes. Hon. Michael H. …
Yes. Hon. Michael H. Dunkley: Yes. In regard to the feasibility studies fo r these technologies, was the cost versus the benefit weighed in as an important factor in the feasibility?
262 11 December 2020 Official Hansard Report
Bermuda House of Assembly Hon. Walter H. Roban: Yes.
Hon. Michael H. Dunkley: Okay. Second question— Hon. Walter H. Roban: Yes, and I can give an example—
The SpeakerThe SpeakerSecond question. Hon. Walter H. Roban: Okay. I can give an example—
The SpeakerThe SpeakerWell, you can move on. He is ready to put his second question. Hon. Walter H. Roban: Okay, okay. But I can give an example which would be helpful. Hon. Michael H. Dunkley: I am happy to hear the example, Mr. Speaker.
The SpeakerThe SpeakerAll right. Hon. Walter H. Roban: Okay. For instance, wind is obviously a proven, proven, proven technology. But if we were to go the way of deploying wind and, you know, as I mentioned, that will be stationary and where the pylon would be implanted into the seabed, that will …
All right. Hon. Walter H. Roban: Okay. For instance, wind is obviously a proven, proven, proven technology. But if we were to go the way of deploying wind and, you know, as I mentioned, that will be stationary and where the pylon would be implanted into the seabed, that will be costly. And that actually makes wind extremely costly and somewhat prohibitive for Bermuda despite its benefits. But if we go with the floating o ption, it is less invasive, b ut we still get the benefits and the energy efficiency and yield that wind would pr ovide. So going floating wind, contrary to the wind where you have the stationary pylon, this makes wind more attractive, more affordable because Bermuda’s isolation as a jurisdiction also brings heavy cost to the deployment of these technologies. But having floating options makes that deployment a lot cheaper.
The SpeakerThe SpeakerWould you like to put your second question now? QUESTION 2: BERMUDA OCEAN PROSPERITY PROGRAMME —PROGRE SS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, in regard to floating solar, it appears we still have plenty of opportunity for solar on the …
Would you like to put your second question now?
QUESTION 2: BERMUDA OCEAN PROSPERITY PROGRAMME —PROGRE SS ON IDENTIFYING OCEAN RENEWABLE ENERGY SOLUTIONS Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, in regard to floating solar, it appears we still have plenty of opportunity for solar on the Island. The cost/benefit analysis between floati ng solar and solar on the Island, can the Minister please provide some detail on which one comes out ahead on that, floating solar or solar on Island?
The SpeakerThe SpeakerMinister. Hon. Walter H. Roban: Actually, yes, terrestrial solar does come out slightly less costly than floating solar only because—and the only difference in contrast is that the apparatus that you would create to have the solar floating is a lot more costly than the apparatus you would need to …
Minister.
Hon. Walter H. Roban: Actually, yes, terrestrial solar does come out slightly less costly than floating solar only because—and the only difference in contrast is that the apparatus that you would create to have the solar floating is a lot more costly than the apparatus you would need to deploy solar on a terrestrial basis. That is the only difference. As it relates to efficiency in energy production, there is no difference. The only cost variable that either is a higher cost to floating s olar is the apparatus that you must construct for it to float, which is a lot more costly than bolt ing a solar panel to your roof, for obvious reasons, which I think the Member would understand.
The SpeakerThe SpeakerIs there a supplementary or a new question? Hon. Michael H. Dunkley: I have finished on this Statement, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you. Minister, Deputy Premier, those are the questions for you on your Statement. Hon. Walter H. Roban: Thank you very much.
The SpeakerThe SpeakerNo problem. The next Statement that has questions this morning is the Statement by the Minister for National Security. Minister, you have a question from MP Dunkley. MP, would you like to put your question? QUESTION 1: TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Michael H. Dunkley: Thank you, Mr. …
No problem. The next Statement that has questions this morning is the Statement by the Minister for National Security. Minister, you have a question from MP Dunkley. MP, would you like to put your question?
QUESTION 1: TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Minister of National Security in regard to the Treatment of Offenders Board Report the Mini ster has tabled today, and she says in the first par agraph, “in accordance with section 8(1) of the Treatment of Offenders Board Act 1979 and . . . the Correctional Rules 1980 . . . .” Mr. Speaker, that secti on also says that the report should be tabled as soon as pos-sible after the 31 st day of January in any year. So we have two reports, the years 2018 and 2019. Can the Honourable Minister please provide a reason why the 2018 report is so late? And I can understand the 2019 report because we have been in the middle of COVID -19, but just a question on the 2018 report, sir.
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, the Member is correct. It does say that “the Board shall, as soon as possible after the 31st day of January in any year, make to the Minister a report on the exercise and perfor-mance” of the functions of the board. I do not …
Minister.
Hon. Renee Ming: Mr. Speaker, the Member is correct. It does say that “the Board shall, as soon as possible after the 31st day of January in any year, make to the Minister a report on the exercise and perfor-mance” of the functions of the board. I do not know why the report was not tabled prior to now. And I think
Bermuda House of Assembly that it would have been before my time. But I am t abling it now to regularise it. And going forward, we hope to have the reports submitted on a more timely manner. It does say any time after January 31st.
Hon. Michael H. Dunkley: Thank you. Supplementary.
The SpeakerThe SpeakerThat will be your first supplementary, yes? Hon. Michael H. Dunkley: Correct, Mr. Speaker. At the bottom of the page, the Minister goes on to say, “The responsibilities of the Board include being available to inmates who wish to discuss any ongoing concerns . . . .” Can the Honourable …
The SpeakerThe SpeakerMP, that probably should be a new question because your first question was why it was being delayed. This now moves on to a new subject, but you used that as a supplementary. Hon. Michael H. Dunkley: If you so choose, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 2: TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Michael H. Dunkley: Second question. So can the Honourable Minister please provide an overview of the ongoing concerns that the inmates have raised with the board?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Sure. Further in the Statement we speak to [the fact that] there were general concerns around the physical facilities. And I think it actually says on the fifth page of the report that at one of these particular facil ities that is the major concern, the …
Minister.
Hon. Renee Ming: Sure. Further in the Statement we speak to [the fact that] there were general concerns around the physical facilities. And I think it actually says on the fifth page of the report that at one of these particular facil ities that is the major concern, the rel ative concerns [of] the overall physical state of the faci lity.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
The SpeakerThe SpeakerFirst supplementary? Hon. Michael H. Dunkley: Yes, Mr. Speaker. Supplementary. The Spe aker: Yes. Supplementary. SUPPLEMENTARY Hon. Michael H. Dunkley: On page 2, the Honour able Minister says that “throughout 2018, there were many breaches of the perimeters . . .” (in the facilities) “including an escalation in both inmate …
First supplementary?
Hon. Michael H. Dunkley: Yes, Mr. Speaker. Supplementary.
The Spe aker: Yes. Supplementary.
SUPPLEMENTARY
Hon. Michael H. Dunkley: On page 2, the Honour able Minister says that “throughout 2018, there were many breaches of the perimeters . . .” (in the facilities) “including an escalation in both inmate and officer di ssatisfaction with the overall operation and management of the facilities.” Has the dissatisfaction with the overall operation and management been rectified to this point, Mr. Speaker?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, I think it goes on further in the Ministerial Statement to say that there are some items that are being rectified. But items such as what the facility —and I think I spoke about that in the Statement as well —and the fact of …
Minister.
Hon. Renee Ming: Mr. Speaker, I think it goes on further in the Ministerial Statement to say that there are some items that are being rectified. But items such as what the facility —and I think I spoke about that in the Statement as well —and the fact of how old the facility is, those matters are ongoing. And they are being addressed as best they can be.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: No, thank you. Last question.
The SpeakerThe SpeakerThird question. Yes. QUESTION 3: TREATMENT OF OFFENDERS BOARD REPORT 2018/19 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. On page 3, the Honourable Minister refers to ([in] the third paragraph) “the success rate for the pr ogramme remains positive and the board commends the Right Living House staff on …
Third question. Yes.
QUESTION 3: TREATMENT OF OFFENDERS BOARD REPORT 2018/19
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. On page 3, the Honourable Minister refers to ([in] the third paragraph) “the success rate for the pr ogramme remains positive and the board commends the Right Living House staff on a job well done.” So in regard to the Right Living House, Honourable Mini ster, how many people have been in this programme in 2018 and 2019? Because I had a quick scan of the reports, and it is not listed. And how is success regi stered?
Hon. Renee Ming: Surely. I do not have that number, so it is now my endeavour to get it to you. But I can say to you that in my very short time of being here, there was a graduation for a young man, I believe, in September —and he graduated from the Right Living House— Mr. Simmons. And he spoke highly about the programme and wh at the actual programme did for him. And he encouraged the other members of this programme to get their life on track and that there was so much to life to live for. And he was actually quite an inspiration to everyone who was . . . it was a virtual graduation. And it was an inspiration to all of the per-sons who were in attendance on that day.
Hon. Michael H. Dunkley: Thank you. I appreciate the Minister’s reply and the —
The SpeakerThe SpeakerSupplementary or? Hon. Michael H. Dunkley: Yes, supplementary. 264 11 December 2020 Official Hansard Report Bermuda House of Assembly The Spe aker: Put your supplementary, your first supplementary on this question. SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, Mr. Speaker. In general, in regard to the prison’s security breaches, is the …
Supplementary or? Hon. Michael H. Dunkley: Yes, supplementary.
264 11 December 2020 Official Hansard Report
Bermuda House of Assembly The Spe aker: Put your supplementary, your first supplementary on this question.
SUPPLEMENTARY
Hon. Michael H. Dunkley: Yes, Mr. Speaker. In general, in regard to the prison’s security breaches, is the Minister comfortable that we are ma king progress on reduci ng those? And I do not want to get into security, because it is confidential. But is the Minister now confident that security breaches are be-ing reduced?
Hon. Renee Ming: I am confident that they are being addressed as they should be. And any time that a security breach is brought to the forefront, I can definit ely say that the Corrections Department are addressing it head- on.
The SpeakerThe SpeakerSecond supplementary or — Hon. Michael H. Dunkley: No, sir. I am finished, Mr. Speaker. Thank you, Honourable Minister.
The SpeakerThe SpeakerSupplementary from Member Jackson. Put your supplementary. SUPPLEMENTARY
Ms. Susan E. JacksonThank you. Would the Honourable Minister please provide some update on how better to secure the cell phone usage within the correctional facility?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, I did not hear the last part.
The SpeakerThe SpeakerI think the question basically was, in the report you made reference to one of the offences that seemed to take place in the prison was the use of cell phones or cell phone parts members were taken to court with. The question is, What can be done to tighten …
I think the question basically was, in the report you made reference to one of the offences that seemed to take place in the prison was the use of cell phones or cell phone parts members were taken to court with. The question is, What can be done to tighten up on that?
Hon. Renee Ming: Okay. The report speaks to the fact that the officers address the contraband. And a cell phone would be considered one. So without getting into what their internal processes are, they are aware that the cell phone is probably one of . . . if you look in the reports, I think that cell phones are the highest infraction. And so they continue to be diligent and are putting their processes in place to bring that number down.
The SpeakerThe SpeakerThank you. No supplementary? Good. Minister, that brings us to the end of questions for your Statement this morning. The next Statement that has questions is the Statement by the Minister of Education. Mr. Opposition Leader, would you like to put your question to the Minister of Education? QUESTION 1: …
Thank you. No supplementary? Good. Minister, that brings us to the end of questions for your Statement this morning. The next Statement that has questions is the Statement by the Minister of Education. Mr. Opposition Leader, would you like to put your question to the Minister of Education?
QUESTION 1: THE BERMUDA PUBLIC SCHOOL SYSTEM —EDUCATION REFORM UPDATE
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. The Minister of Education indicated that he has the Education Authority Development Committee. Can the Minister confirm the number of meetings that the committee has had to date?
The SpeakerThe SpeakerThank you. Minist er. Hon. Diallo V. S. Rabain: Mr. Speaker, that commi ttee has been meeting once a week for approximately the last. . . since about a week after the election. But I will have to confirm the exact number of meetings.
The SpeakerThe SpeakerOkay. Supplementary? Hon. N. H. Cole Simons: Can he—
The SpeakerThe SpeakerA supplementary or a new question? SUPPLEMENTARIES Hon. N. H. Cole Simons: A supplementary. Can he name the members of the committee? He has given the positions, but I want the names of the individuals. Hon. D iallo V. S. Rabain: Mr. Speaker, I have given that there are members …
A supplementary or a new question?
SUPPLEMENTARIES
Hon. N. H. Cole Simons: A supplementary. Can he name the members of the committee? He has given the positions, but I want the names of the individuals.
Hon. D iallo V. S. Rabain: Mr. Speaker, I have given that there are members from the BermudaFirst Educ ation Committee. There are members from our educ ation consultants, and there are the Chairman and Deputy Chairman of the Board of Education. I am not sure; I wil l have to check with the members and get all of the names. But I can commit to doing that right now. But off the top of my head, the Chairman of the Board is Dr. Tim Jackson. The Deputy Chair of the Board is Ru- Zelda Severin. The members from BermudaFirst would include . . . on the Education Committee would include Mr. Phil Butterfield, Dr. Darinn Walker and Dr. Duranda Greene. Also, the Commi ssioner of Education, Kalmar Richards. And from our consultants, that would be David Aubrey .
Bermuda House of Assembly Hon. N. H. Cole Simon s: Thank you.
The SpeakerThe SpeakerThank you. Do you have a supplementary? Hon. N. H. Cole Simons: Supplementary.
The SpeakerThe SpeakerSecond supplementary? Hon. N. H. Cole Simons: That is correct.
The SpeakerThe SpeakerOkay. Go ahead. Hon. N. H. Cole Simons: The Minister had said that they had been meeting every week basically since the election. What have they achieved to date? Hon. Diallo V. S. Rabain: Mr. Speaker, the team is being charged with looking at and doing the research on what …
Okay. Go ahead.
Hon. N. H. Cole Simons: The Minister had said that they had been meeting every week basically since the election. What have they achieved to date?
Hon. Diallo V. S. Rabain: Mr. Speaker, the team is being charged with looking at and doing the research on what an Education Authority can look lik e and come back with several options. I have asked them to submit a report. The first report should be forthcoming around the beginning of the next year. So far it has submitted, obviously, questions to moving forward. But other than that, a preliminary report will not be due until the beginning of the year.
The SpeakerThe SpeakerOkay. A new question? Hon. N. H. Cole Simons: Yes, new question.
The SpeakerThe SpeakerYes. QUESTION 2: THE BERMUDA PUBLIC SCHOOL SYSTEM —EDUCATION REFORM UPDATE Hon. N. H. Cole Simons: The Mi nisterial Statement about the Learning First Programme. How does the learning programme dovetail with the Education Plan 2022? And which priority does it fulfil? Hon. Diallo V. S. Rabain: The Learning First …
Yes.
QUESTION 2: THE BERMUDA PUBLIC SCHOOL SYSTEM —EDUCATION REFORM UPDATE
Hon. N. H. Cole Simons: The Mi nisterial Statement about the Learning First Programme. How does the learning programme dovetail with the Education Plan 2022? And which priority does it fulfil?
Hon. Diallo V. S. Rabain: The Learning First Pr ogramme deals with . . . and I do not have that info rmation in front of me; I do apologise. I cannot get it correctly. But it does deal with the part of strengthen-ing our education system in terms of the curriculum delivery and the re- alignment of what subjects are needed to be put in place in order f or our system to be more successful than what it has been.
The SpeakerThe SpeakerSupplementary? Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerFirst supplementary. Hon. N. H. Cole Simons: Supplemental, yes.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. N. H. Cole Simons : The Minister indicated that there would be more public meetings and more me mbers, 60 members, involved in gathering the information. Is this a duplication of the public meetings that we have and the information that we secured from the Plan 2022? …
Yes.
SUPPLEMENTARIES
Hon. N. H. Cole Simons : The Minister indicated that there would be more public meetings and more me mbers, 60 members, involved in gathering the information. Is this a duplication of the public meetings that we have and the information that we secured from the Plan 2022?
Hon. D iallo V. S. Rabain: No. No, it is not.
The SpeakerThe SpeakerOkay. Hon. N. H. Cole Simons: Supplemental. Why is that—
The SpeakerThe SpeakerSecond supplemental.. Go ahead. Hon. N. H. Cole Simons: So what is the difference? Hon. Diallo V. S. Rabain: The difference is Pl an 2022 was something that was created to develop a strategy moving forward and to talk about the things that the Bermuda public wanted to see within …
Second supplemental.. Go ahead.
Hon. N. H. Cole Simons: So what is the difference? Hon. Diallo V. S. Rabain: The difference is Pl an 2022 was something that was created to develop a strategy moving forward and to talk about the things that the Bermuda public wanted to see within their education system. What we are doing now is something entirely different, as we are now utilising these meetings at Learning First to develop what the plan is, moving forward. I believe the Member mentioned earlier that a strategy is not in place without an actual plan. Hon. N. H. Cole Simons: That is right. Hon. Diallo V. S. Rabain: Plan 2022 was just a strategy of what should be in place. What we are doing now is creating the plan of what needs to happen.
Hon. N. H. Cole Simons: Okay, then. Thank you very much.
The SpeakerThe SpeakerNew question? New question? Hon. N. H. Cole Simons: No. I am finished, thanks .
The SpeakerThe SpeakerThank you. Minister, you also have questions from MP Jackson. MP Jackson, would you like to put your question? QUESTION 1: THE BERMUDA PUBLIC SCHOOL SYSTEM —EDUCATION REFORM UPDATE
Ms. Susan E. JacksonThank you, Mr. Speaker. [I have] very short questions. Would the Ho nourable Minister please provide some insight to the independence of the Education Authority? 266 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Diallo V. S. Rabain: Once the committee finis hes its deliberations and presents …
Thank you, Mr. Speaker. [I have] very short questions. Would the Ho nourable Minister please provide some insight to the independence of the Education Authority?
266 11 December 2020 Official Hansard Report
Bermuda House of Assembly Hon. Diallo V. S. Rabain: Once the committee finis hes its deliberations and presents a report, I will be sure to put forth what the recommendations are, which way the Government will pursue.
The SpeakerThe SpeakerSupplementary? Your second supplementary, rather?
The SpeakerThe SpeakerSecond question, yes. Go ahead. QUESTION 2: THE BERMUDA PUBL IC SCHOOL SYSTEM —EDUCATION REFORM UPDATE
Ms. Susan E. JacksonMy second question is, Gi ven that there seems within this Ministerial Statement quite a few expenses in the reform, I am just wondering what is being done to prepare to find the money to pay f or the renovations and other costs involved in the overall reform? Hon. Diallo …
My second question is, Gi ven that there seems within this Ministerial Statement quite a few expenses in the reform, I am just wondering what is being done to prepare to find the money to pay f or the renovations and other costs involved in the overall reform?
Hon. Diallo V. S. Rabain: I thank the Member for that question because it is one that does come up. We are in the process of designing the system as it moves forward and coming up with a plan of what the system will look like. Once the consultation is over and final decisions are made around what exactly will happen in terms of —when I spoke about parish schools, the phasing out of middle schools —the consultation will govern how that will l ook, which schools will remain, which schools will not remain, which schools will be refurbished, et cetera. And so there is forward- looking into how those will be accomplished. But it is a bit unfair to say exactly how and what will be spent until we have a . . . until we are to a point where we know exactly which schools need to have what needs to be done. But moving forward, it is something that we do keep in mind, and we are looking at several options in how we can move forward with that.
The SpeakerThe SpeakerQuestion, yes. QUESTION 3: THE BERMUDA PUBLIC SCHOOL SYSTEM —EDUCATION REFORM UPDATE
Ms. Susan E. JacksonGiven that you mentioned COVID -19 in your Ministerial Statement, I am curi ous: What programmes, especially from a digital perspec-tive, will be formally introduced into our future educ ation reform to allow for what could potentially be a longer -term remote online learning environment? And what is being done …
Given that you mentioned COVID -19 in your Ministerial Statement, I am curi ous: What programmes, especially from a digital perspec-tive, will be formally introduced into our future educ ation reform to allow for what could potentially be a longer -term remote online learning environment? And what is being done to prepare teachers an d students for a future in the digital world within the education reform?
Hon. Diallo V. S. Rabain: Thank you, Minister . . . not Minister. Thank you, colleague, for that question. I cannot recall word for word. But I will advise you to go back to my Ministerial Statement that I gave last week. It spoke to the digital preparation that is taking place. And it spoke to remote learning and what has been done to date. During the summer of this year, classes and professional development were done with teachers to develop their skillsets on the digital formats that we would like to move to. I also spoke last week about the ordering of the Chrom ebooks and the pilot programmes that are going on right now at two primary schools in the event that we do move towards digital. The idea has always been to combine digital and in- classroom learning. And so, COVID -19 has just made us accelerate those particular plans. But the Ministerial Statement that I delivered last week was very, very clear and articulated what has been done to date, what we are looking to do in the future. And it also went into the types of programmes, such as Google Classroom, Schoology, the PowerSchool app and all of those types of things and how they are b eing utilised now. I can say from a personal standpoint, my daughter, who attends Whitney Institute, is home working—she is actually sitting right across from me. And I have observed her using the Schoology. She is on Zoom lessons. And she is able to draw her wor ksheets down from the computer, print them out here at home or work on them directly on the computer. So there are things that are in place. There are processes that have been done. We are not where we want to be, but we are still putting the r esources in place so that we can get our teachers and our students to where we need them to be in this 21 st century learning.
The SpeakerThe SpeakerThank you. And you asked all three of your questions, so thank you, Member. Minister, those would end the questions for you. We now move on to the next Statement. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Minister who has questions this morning is Minister Hayward. The Member who would like to put a question to you in reference to your Statement this morning [is] MP Richardson. Would you like to put your question?
Mr. Jarion RichardsonYes. Thank you, Mr. Speaker. Bermuda House of Assembly The Speaker: Go ahead. QUESTION 1: DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2018 –2020
Mr. Jarion RichardsonWould the Honourable Min ister inform this Honourable House . . . pursuant to a statement he said, “This is an exercise used to per-suade offenders to commit to reimbursing the public purse.” He was talking about outstanding fees or outstanding overpayments that have been detected by the Department of …
Would the Honourable Min ister inform this Honourable House . . . pursuant to a statement he said, “This is an exercise used to per-suade offenders to commit to reimbursing the public purse.” He was talking about outstanding fees or outstanding overpayments that have been detected by the Department of Financial Assistance. And I would like to inquire of him, what are the remedies when cases of fraud or other abuse have been detected?
The SpeakerThe SpeakerMinister. Hon. Jason Hayward: So for individuals, when they have been detected, somet imes they are removed from the system for a period of time, depending on the offence. There is also prosecution that takes place through the Attorney General’s Chambers where we attempt to get money back from individuals. …
Minister. Hon. Jason Hayward: So for individuals, when they have been detected, somet imes they are removed from the system for a period of time, depending on the offence. There is also prosecution that takes place through the Attorney General’s Chambers where we attempt to get money back from individuals. Som etimes the fraud is not just wi th Financial Assistance clients, but [there are] offenders who provide services to those clients.
Mr. Speaker.
The SpeakerNew question. Go ahead. QUESTION 2: DEPARTMENT OF FINANCIAL ASSISTANCE ANNUAL REPORT 2018 –2020
Mr. Jarion RichardsonAnd thank you, Honourable Minister. I noted in the annual report and in your Statement that there are overpayments of $413,000 currently owed to the government. And given t he current economic climate, are you intending to pursue collection of those outstanding fees? Hon. Jason Hayward: Certainly. Collection of overpayments …
And thank you, Honourable Minister. I noted in the annual report and in your Statement that there are overpayments of $413,000 currently owed to the government. And given t he current economic climate, are you intending to pursue collection of those outstanding fees?
Hon. Jason Hayward: Certainly. Collection of overpayments is an ongoing process. And as indicated in the report, we work closely with the Attorney General’s Chambers to recoup the funds on behalf of the Government.
The SpeakerThe SpeakerOkay. Thank you for your questions. Minister, this is the end of questions for you. The next Statement that has questions this morning is that made by the Minister of Health this morning. Minister Wilson, MP Dunkley has questions for you. MP, would you like to put your question now? …
Okay. Thank you for your questions. Minister, this is the end of questions for you. The next Statement that has questions this morning is that made by the Minister of Health this morning. Minister Wilson, MP Dunkley has questions for you. MP, would you like to put your question now?
QUESTION 1: COVID -19 VACCINE FOR BERMUDA Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And the first question to the Minister of Health . . . and I thank her for the Statement this morning on the COVID -19 vaccine for Bermuda. The first question to the Honourable Minist er: Will there be any cost for the vaccine to anyone who has access to it and gets it?
Hon. Kim N. Wilson: Mr. Speaker, the matter with respect to cost has not been determined yet. If there is a cost, it is going to be associated with it, or alterna-tively , whether there will be reimbursement fees to the insurance company. That matter has not been fina lised. However, I can advise, Mr. Speaker, that when there is a conclusion and a determination has been made, I will make that matter public and present it to the House.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, Mr. Speaker, supplementary. On page 6, the Honourable Minister talks about vaccines for travel. Does the Minister anticipate that we will have to be vaccinated for COVI D-19 to be able to travel?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Yes. The Statement does also go on to speak to that. The IATA [International Air Transport Associ ation] is ind icating that they will not allow for intern ational air travel unless the p erson is able to confirm by virtue of their having a …
Minister.
Hon. Kim N. Wilson: Yes. The Statement does also go on to speak to that. The IATA [International Air Transport Associ ation] is ind icating that they will not allow for intern ational air travel unless the p erson is able to confirm by virtue of their having a vaccine passport that they have been vac cinated against COVID -19.
The SpeakerThe SpeakerSupplementary or a new question? Hon. Michael H. Dunkley: New question, Mr. Speaker.
The SpeakerThe SpeakerSecond question. Go ahead. 268 11 December 2020 Official Hansard Report Bermuda House of Assembly QUESTION 2: COVID -19 VACCINE FOR BERMUDA Hon. Michael H. Dunkley: Yes, second question, Mr. Speaker. And this is now on page 2 of the Honourable Minister’s Statement. The Honourable Minister talks about the Bermuda …
Second question. Go ahead.
268 11 December 2020 Official Hansard Report
Bermuda House of Assembly QUESTION 2: COVID -19 VACCINE FOR BERMUDA
Hon. Michael H. Dunkley: Yes, second question, Mr. Speaker. And this is now on page 2 of the Honourable Minister’s Statement. The Honourable Minister talks about the Bermuda supply of 9,000 doses of the Pfi zer vaccine. And the Minister did talk about the gr acious donation by BIOS [Bermuda Institute of Ocean Sciences] of their low -temperature storage unit —ultralow temperature storage unit. Can the Honourable Minister give assurance to this House that the shelf life will be maintained through the whole process of shipping from the original point to Bermuda, mai ntained in the ultra- low temperature, and then to doctors’ offices and then actually when it is applied to people? Obviously, I understand this vaccinati on has a shelf life, and the ultra- low temperature is a critical part of that. So can the Honourable Minister give some assurance on shelf life and how we are going to make sure that we keep it so it is good when used?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Yes, Mr. Speaker. That deals specifically with the cold chain process, which we have been intimately involved in. I think that Honourable Members might have seen . . . .I believe it was United Airways that was actually one of the first airlines as sisting …
Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker. That deals specifically with the cold chain process, which we have been intimately involved in. I think that Honourable Members might have seen . . . .I believe it was United Airways that was actually one of the first airlines as sisting in facilitating the transport of the Pfizer [vaccine] from Europe to Amer ica and Canada. So part of that cold chain will include the level of refrigeration required for the shipping, as well as upon arrival. As I indicated, we will be utilising so me of the BIOS freezers, as well as our own from the Ministry of Health. So the cold chain is a critical element of ensuring that the vaccine remains at the recommended level of refrigeration so that it can be distributed amongst our population.
The SpeakerThe SpeakerThank you. A supplementary or a new question? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerFirst supplementary. Go ahead. SUPPLEMENTARY Hon. Michael H. Dunkley: But in regard to the shelf life of the vaccine, is there any know n way at this time that the applicant will be able to be aware that the vaccination has gone bad or the shelf life has expired because …
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: I do not have that answer. I understand th e shelf life . . . I believe . . . I do not have that information, Mr. Speaker. But I will undertake to provide that to this Honourable Member.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Thank you. I ask that question, and I appreciate the answer, because depending on various temperatures stored, the shelf life is changed. So I think it is critical that we —
The SpeakerThe SpeakerThe Minister indicated she will get the information for you. She does not have it right at hand. Hon. Michael H. Dunkley: Thank y ou, Mr. Speaker. Mr. Speaker —
The SpeakerThe SpeakerThird question or second suppl emental? Hon. Michael H. Dunkley: Third question, Mr. Speaker.
The SpeakerThe SpeakerYes. QUESTION 3: COVID -19 VACCINE FOR BERMUDA Hon. Michael H. Dunkley: In regard to the vaccine, the Minister has mentioned that 9,000 doses will be available from Pfizer and that 20 per cent of our pop ulation will be covered by doses from the COVAX facil ity. So assuming, …
Yes.
QUESTION 3: COVID -19 VACCINE FOR BERMUDA
Hon. Michael H. Dunkley: In regard to the vaccine, the Minister has mentioned that 9,000 doses will be available from Pfizer and that 20 per cent of our pop ulation will be covered by doses from the COVAX facil ity. So assuming, Mr. Speaker, that that 20 per cent is 12,500 and 9,000 doses of Pfizer, the question to the Honourable Minister is: What percentage of the population does the Honourable Minister believe we will need to vaccinate, or what will the demand be for vac-cinations?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. As my Statem ent indicates, we would be looking towards a minimal of 60 per cent of our population to be vaccinated.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, supplementary, Mr. Speaker. So based on that, is the Minister comfortable that we can access more of the vaccine in a relatively rapid period of time after the 9,000 are used and the 20 per cent are used? Bermuda House of Assembly Hon. …
Supplementary?
SUPPLEMENTARY
Hon. Michael H. Dunkley: Yes, supplementary, Mr. Speaker. So based on that, is the Minister comfortable that we can access more of the vaccine in a relatively rapid period of time after the 9,000 are used and the 20 per cent are used?
Bermuda House of Assembly Hon. Kim N. Wilson: Yes. This is a matter of public record. I have spoken about this, in fact as recently as last week. The C OVAX facility will allow us to acquire more vaccinations as per our need. And with respect to the vaccination that we are getting through Pfizer through Public Health England, they have indicated . . . the United Kingdom has indicated their commi tment to s upply all of the [ OTs [Overseas Territories] with the proportional amount of which they receive for their own nation. So we do not anticipate any chal-lenges with respect to having sufficient supplies.
The SpeakerThe SpeakerThank you. Is there a second supplement ary? Hon. Michael H. Dunkley: No, thank you, Mr. Speaker. I appreciate the Minister’s response.
The SpeakerThe SpeakerThank you. That brings us to a close of the Question P eriod. I note that it is now 12:20. And so we still have 10 minutes left for Question Per iod and we want to carry that over to the additional Statement that will come later on today. Depending …
Thank you. That brings us to a close of the Question P eriod. I note that it is now 12:20. And so we still have 10 minutes left for Question Per iod and we want to carry that over to the additional Statement that will come later on today. Depending on the Statement, I may add a few minutes on to that time period so that full questions can be put to that Statement at the appropriate time.
CONGRATUL ATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWith that said, it is 10 minutes [before] 12:30, which is 9 minutes left now. We can start the Congratulatory and/or Obituary Speeches now, and we will break at 12:30 and come back and continue it. Would any Member wish to speak to the congratulations or obituary statements at this …
The SpeakerThe SpeakerSounds like the Madam Attorney General. Madam Attorney General, you have three minutes. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. I am pleased to send congratulations to Ari ana Caines. Ariana is a young barrister who is the daughter of Tina Evans and the granddaughter of Dame Lois -Browne …
Sounds like the Madam Attorney General. Madam Attorney General, you have three minutes. Hon. Kathy Lynn Simmons: Thank you, Mr. Speaker. I am pleased to send congratulations to Ari ana Caines. Ariana is a young barrister who is the daughter of Tina Evans and the granddaughter of Dame Lois -Browne -Evans, who has published an art icle in Lloyd’s Law Reports. And this is a re port where barristers and academics provide the text of a case along with commentary. She is certainly doing very well in her practice in the UK. And she has published other articles and is making a name for herself with regard to specialising in cryptocur rency and other f i-nancial matters. And I am very, very pleased to acknowledge her this morning, the hard work that she has done, the pride that she brings her family as she continues on her journey professionally, and growing as a young woman of whom Bermuda can be proud. The article that she actually published was regarding a case that confirmed all crypto assets like Bitcoin were legal property in the UK. And she also commented on how the courts can pursue the assets domestically and internationally if they are the pr oceeds of crime. So congratulations to Ms. Ariana Caines for shining in this area internationally, and bringing much pride to her family and to Bermuda as a jurisdiction. I wish her well as she continues to e ndeavour to advance her career and know that we can support her on this end. So congratulations to Ariana.
The SpeakerThe SpeakerThank you, Madam Attorney General. Does any other Member want to make a contribution at this time?
The SpeakerThe SpeakerMP Jackson, you have your three minutes.
Ms. Susan E. JacksonThank you, Mr. Speaker. I would like to send condolences to the family and friends of Gloria Pearman. She was an educator, and she was very much a community participant and activist. And she had spent a number of years at the Port Royal Primary School, which was where my …
Thank you, Mr. Speaker. I would like to send condolences to the family and friends of Gloria Pearman. She was an educator, and she was very much a community participant and activist. And she had spent a number of years at the Port Royal Primary School, which was where my chi ldren spent their early years in education. And her i nstruction, her very disciplined approach to education I believe has given a strong foundation for a number of individuals on this Island. And even following her retirement, Ms. Pearman offered tutoring for my daughter in particular. And it was a lifelong and life- changing experience for my daughter in really grasping some of the educational concepts for early learning. And Ms. Pear man was also very much involved in the community. She was a member of a number of very successful organisations on the Island which dedicated their time and efforts to making sure that the third sector and those most vulnerable were supported. And I wish t he family all the best and am very sorry for their loss. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP. It should also be noted that she was the wife of a former Member of this Chamber. She was the wife of Mr. Colin Pearman. And I add my condolences that are being expressed to the family. Does any other Member wish to—
Mr. Christopher FamousYes, Mr. Speaker. 270 11 December 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Mr. Famous, you have your three minutes.
Mr. Christopher FamousMr. Speaker, I would like to give condolences to my cousin’s family, Mr. [E dmund] Sinclair Philpott. I have country cousins, too,
An Hon. Member An Hon. MemberAssociate me, Brother Famous.
Mr. Christopher FamousThey were White Hill, but the Philpotts are r elated to the Andersons, the Halls — they are all related up there.
Mr. Christopher FamousBut he was a master m echanic. More importantly, he was a loving husband of Laverne, father to Shaun and Shannon, three grandchildren. He was a mas ter mechanic. And he was a sports fan of the Mets. I do not know why. I do not know why he was …
But he was a master m echanic. More importantly, he was a loving husband of Laverne, father to Shaun and Shannon, three grandchildren. He was a mas ter mechanic. And he was a sports fan of the Mets. I do not know why. I do not know why he was for the Mets. And somehow he was for that team from up the road, too. So I just want to give condolences to my family up the country. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to make a contribution at this time?
An Hon. Member An Hon. MemberYes, Mr. Speaker. Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP De Silva, is that you? Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerWe hear you, but do not see you. You have your three minutes. There you go; we see you now. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would certainly like to be ass ociated with the condolences to Sinclair Philpott, whom I had the …
We hear you, but do not see you. You have your three minutes. There you go; we see you now.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would certainly like to be ass ociated with the condolences to Sinclair Philpott, whom I had the luxury of working with for all of 25– 30 years. And as my colleague, Mr. Famous, just mentioned, he was a master mechanic. In fact, he was more than a master mechanic. Having worked with him for that period of time, as you probably know, Mr. Speak er, he worked for my stepfather at Somerset Bridge Cycles for over 30 years. And I too wish to send out and be associated with the condolences to Laverne. And also his brother Philpy , whom I also knew very well. And of course, Brother Famous mentioned the folks at White Hill. But I cannot give condolences without giving — take my hat off and condolences to all of the people at Scaur Hill, Mr. Speaker. Because, you know, that is where most of the Philpotts come from, in or around that area. And I know you know that very well.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: So not only did I have the pleasure of working with Sinclair for that period of time, but we also spent many nights, Mr. Speaker — you will remember the o ld Half and Half up at Sout hampton Princess. Ritchie used to …
Yes.
Hon. Zane J. S. De Silva: So not only did I have the pleasure of working with Sinclair for that period of time, but we also spent many nights, Mr. Speaker — you will remember the o ld Half and Half up at Sout hampton Princess. Ritchie used to take me every Saturday night. So he will be sorely missed. He was cer-tainly a unique character. And I would like to think that he taught me many, many things during our period of working together. So he will be sorely missed, and my condolences do go out to the family and, of course, his two sons, Shaun and Shannon. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. And again I would like to add condolences to the Philpott family.
The SpeakerThe SpeakerSimmons -Wade, yes. You have your three minutes, and then we will break for lunch.
Mrs. I anthia Simmons -WadeI would like to assoc iate myself with the condolences made to the family of the late Gloria Pearman. As you know, I too am from Somerset.
Mrs. Ianthia Simmons -WadeAnd we were certainly very connected to the family . And my condolences especially to her husband Colin Pearman. I would also like to send congratulations to Miss Thang on her Miracles for Christmas project. Bermuda House of Assembly Basically, she asks individuals in the community to nominate seniors and …
And we were certainly very connected to the family . And my condolences especially to her husband Colin Pearman. I would also like to send congratulations to Miss Thang on her Miracles for Christmas project.
Bermuda House of Assembly Basically, she asks individuals in the community to nominate seniors and also to make donations. A nd the donations included vouchers from BELCO, the pharmacy, et cetera, because too often we focus our time on donations for children. We often forget that there are seniors in our community who are signif icantly in need. So congratulations to Ms. Thang.
The SpeakerThe SpeakerThank you. And with that, we will break for lunch at this time.
The SpeakerThe SpeakerIs it the Deputy Premier? Hon. Walter H. Roban: Yes. I wish to move that we adjourn until 2:00 pm.
The SpeakerThe SpeakerThank you. No objections to that. The House stands adjourned for lunch until 2:00 pm. [Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Member s. It is now 2:00 pm and we can resume the House after our lunch break. When we broke for lunch, we were in the process of doing the condolences and congratulation remarks. Would any other Member wish to speak? Hon. N. H. Cole Simons: I will …
The SpeakerThe SpeakerOpposition Leader, you have your three minutes. CONGRATULATORY AND/OR OBITUARY SPEECHES [Continuation thereof] Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I would like to start by associating myself with [the remarks about] Mi ss Ariana Caines. She is treading her own path with her legal career. I met …
Opposition Leader, you have your three minutes.
CONGRATULATORY AND/OR OBITUARY SPEECHES [Continuation thereof] Hon. N. H. Cole Simons: Thank you, Mr. Speaker. I would like to start by associating myself with [the remarks about] Mi ss Ariana Caines. She is treading her own path with her legal career. I met her as a youngster and I am very, very proud of her achiev ements and wish her all the very best. She will be a trail-blazer like her grandmother, I have no doubt about that. In addition, I would like to associate myself with the comments made in regards to Ms. Gloria Pearman on her passing and I wish her family all the best during this difficult time. Mr. Speaker, I would like to also send congratulatory remarks to Canadian Commer cial Corp oration Aecon and the Airport Authority for delivering us a world- class airport. It was delayed because of the virus and the closing of the airport, but we have a cus-tomised turn- key operation that the community of Bermuda has accepted and are ver y proud to call their own new airport. Members on my team will speak about it later, but I just wanted to congratulate the team for the delivery on such a fine world- class airport that will carry us for the next 50 years. And so, the team at the airport, I congratulate them and wish them all the very, very best. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerOkay, you have your three minutes.
Mr. Vance CampbellI will not need three minutes, Mr. Speaker. I just wish birthday wishes to go out to Mr. John Paris who went 85 on Monday and Fanny Moniz who went 88 yesterday, Mr. Speaker. Thank you very much.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak?
The SpeakerThe SpeakerWe saw you the first, you have gone off the camera right now, you were on . You are back on. We see you and hear you. 272 11 December 2020 Official Hansard Report Bermuda House of Assembly Mr. Neville S. Tyrrell: Thank you very much, Mr. Speaker. I beg …
We saw you the first, you have gone off the camera right now, you were on . You are back on. We see you and hear you.
272 11 December 2020 Official Hansard Report
Bermuda House of Assembly Mr. Neville S. Tyrrell: Thank you very much, Mr. Speaker. I beg your indulgence, last week during this period I was having some trouble getting on the computer in order to . . . [INAUDIBLE ], so I hope you will indulge me, again, today. I wanted to send condolences on the passing of—
The SpeakerThe SpeakerYou may need to get a little closer to your microphone.
The SpeakerThe SpeakerNo, we are still not catching up your audio. Let us try somebody else while you work that out, how is that? Does any other Member want to speak in this moment? We can come back to Mr. Tyrrell.
The SpeakerThe SpeakerMP Cannonier, you have your three minutes.
Mr. L. Craig CannonierThank you, Mr. Speaker. I just wanted to give condolences to a neighbour of mine that is actu ally right next door to me, Mr. Sewell, in St. George’s. I associate Cole Simons as calling out as well. This was a man who I grew up, actually, with his kids …
Thank you, Mr. Speaker. I just wanted to give condolences to a neighbour of mine that is actu ally right next door to me, Mr. Sewell, in St. George’s. I associate Cole Simons as calling out as well. This was a man who I grew up, actually, with his kids in school and got to know him very fondly as a neighbour and a man who loved to be—
Mr. L. Craig CannonierI associate Mr. Swan as well. I am sure he would know him well as well —Kim Swan, the Honourable Member from constituency 2. And a large family, a very close family. In fact, those of us who know, like MP S wan and the likes, all family living on …
I associate Mr. Swan as well. I am sure he would know him well as well —Kim Swan, the Honourable Member from constituency 2. And a large family, a very close family. In fact, those of us who know, like MP S wan and the likes, all family living on a piece of property there in St. George’s. And I cannot say enough about the fact that the family has always been a pillar in St. George’s, stuck together, and this had to do with the leadership of him. And he is som eone that we in the neighbourhood of Wellington Slip Road will miss. Thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay, Honourable Member, thank you. Does any other Honourable Member wish to make a contribution? Any other Member?
The SpeakerThe SpeakerOkay, we see you now. Your three minutes is ticking.
Mr. Hubert (Kim) SwanYes, Mr. S peaker. Mr. Speaker, I would like to be associated as I did, and I appreciate MP Cannonier associating me, but just to extend deepest condolences to the family of Mr. Alfred Sewell. I also, like the Honourable Member, know his children very, very well an d am …
Yes, Mr. S peaker. Mr. Speaker, I would like to be associated as I did, and I appreciate MP Cannonier associating me, but just to extend deepest condolences to the family of Mr. Alfred Sewell. I also, like the Honourable Member, know his children very, very well an d am deeply sad for them. And he was, certainly, a family man and his family, as he said, does all live on that same compound there, and it is admirable how close- knit a family that they are, Mr. Speaker. And I just wanted my condolences to be extended out to them. And also [to the family of] Mr. “Baldy” Harford who has passed away and condolences that I am associating with go up as well from MP Renee Ming. I believe that she expressed it, but I would be associat-ed with those condolences that go out to his family as well. And so, we mourn the passing of many stalwarts in our community, Mr. Speaker, under this particular time of COVID with its very difficult period for us all. Thank you.
The SpeakerThe SpeakerThank you, MP Swan. Does any other Member wish to make a contribution at this time?
The SpeakerThe SpeakerYes, we hear you clear that time.
Mr. Neville S. TyrrellMr. Speaker, I do apologise. As I was saying, Mr. Speaker, I thank you very much for the indulgence. I just want to express my own condolences to the family of Ms. [ INAUDIBLE ] Scott, especially her son Andre [INAUDIBLE]. I also wish to take the opportunity, to associate …
Mr. Speaker, I do apologise. As I was saying, Mr. Speaker, I thank you very much for the indulgence. I just want to express my own condolences to the family of Ms. [ INAUDIBLE ] Scott, especially her son Andre [INAUDIBLE]. I also wish to take the opportunity, to associate myself, Mr. Speaker, with the comments . . . my very good friend who celebrated a milestone last week and I [INAUDIBLE] and [INAUDIBLE].
The SpeakerThe SpeakerDoes any other Member wish to make a contribution? No other Member? We will now move on to the Orders of the Day. The first Order on today is the Submarine Com munications Cables (Regulatory A uthority Fees) Reg ulations 2020 in the name of the Deputy Premier. The Clerk: …
The SpeakerThe SpeakerOh, sorry, sorry, I was jumping ahead that time. I thought we did that one, Government Bills to be introduced. Excuse me for that. I was racing that time because all the other matters, there was nothing to be done, other than to introduce one Government Bill. INTRODUCTION OF BILLS …
The SpeakerThe SpeakerThat Government Bill is in the name of the Attorney General. Honourable Member would you like to introduce your Bill? Madam Attorney General. FIRST READING CANNABIS LICENSING ACT 2020 Hon. Kathy Lynn Simmons: Yes, Mr. Speaker, apologies. Mr. Speaker, I am introducing the following Bill for its first reading so …
That Government Bill is in the name of the Attorney General. Honourable Member would you like to introduce your Bill? Madam Attorney General.
FIRST READING
CANNABIS LICENSING ACT 2020
Hon. Kathy Lynn Simmons: Yes, Mr. Speaker, apologies. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting; namely, the Cannabis Licensing Act 2020.
The SpeakerThe SpeakerThank you, Madam Attorney General. There are no other Bills to be introduced. Now we can move on to the Orders of the Day. And the first item under consideration today is the Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020 in the name of the Minister of Home Affairs …
Thank you, Madam Attorney General. There are no other Bills to be introduced. Now we can move on to the Orders of the Day. And the first item under consideration today is the Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020 in the name of the Minister of Home Affairs and Deputy Premier. Would you like to present your Bill?
DRAFT REGULATIONS
SUBMARINE COMMUNICATIONS CABLES (REGULATORY AUTHORIT Y FEES) REGULATIONS 2020 Hon. Walter H. Roban: I will be introducing for consideration the Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020. With the Governor’s recommendation in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft regulations entitled the Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020 proposed to be made by the Minister responsible for telecommunic ations in exercise of the power s conferred by sections 14, 33, 45, 58 and 65 of the Submarine Communic ations Cables Act 2020 , as read with section 44 of the Regulatory Authority Act 2011. I now present the legislation, Mr. Speaker.
The SpeakerThe SpeakerIs there any objection? No objections. Continue, Minister. Hon. Walter H. Roban: Mr. Speaker, I am presenting for consideration and approval the regulations entitled Submarine Communications Cables (Regulatory A uthority Fees) Regulations 2020 and the Electronic Communications (Regulatory Authority Fees) Amendment Regulations 2020 . Mr. Speaker, I am pl eased …
Is there any objection? No objections. Continue, Minister.
Hon. Walter H. Roban: Mr. Speaker, I am presenting for consideration and approval the regulations entitled Submarine Communications Cables (Regulatory A uthority Fees) Regulations 2020 and the Electronic Communications (Regulatory Authority Fees) Amendment Regulations 2020 . Mr. Speaker, I am pl eased to present to Ho nourable Members the culmination of the Submarine Communications Cables Act 2020, which was approved by the Legislature in February of this year. These Regulatory Authority fee amendments const itute the final capstone of this Act, com pleting a critical piece in the development of Bermuda as a hub juri sdiction for communications cables. Mr. Speaker, note that, at present, there are no subsea cable hubs in the North Atlantic. Marking Bermuda as the first and only such hub in our hem isphere for subsea communications cables could attract larger, multi -national, communications and data 274 11 December 2020 Official Hansard Report
Bermuda House of Assembly companies to not only utilise its hub, but also domicile in Bermuda. Mr. Speaker, the fees proposed are aligned with international standards in other jurisdictions and, where appropriate, take into account the magnitude of the Regulatory Authority’s [RA] work involved in evaluating applications for subsea cable landings. There are several categories of fees. Some apply only to those transiting through Bermuda, as noted in the Submarine Communications Cables (Regulatory A uthority Fees) Regulations 2020, and some apply only to those cables that land and provide services to the Bermuda market, as in the Electronic Communic ations (Regulatory Authority Fees) Amendm ent Regul ations 2020. The fees specified under the Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020 include service fees for: (a) an i nstallation permit; and (b) a licence application. Each fee is $1,000. There is also an annual fee of $30,000. The fees specified under the Electronic Communic ations (Regulatory Authority Fees) Amendment Regul ations 2020 are for holders of a Submarine Cable Communications Licence, which lands and provides services in our domestic market. This fee is aligned with the fees charged for other communications operators in the Bermuda market. Mr. Speaker, we look forward to working with our colleagues in the Bermuda Business Development Agency and the Regulatory Authority to promote the burgeoning opport unities Bermuda can offer the wider world. And I will be pleased to report back to this House when the first Submarine Cable Licence is i ssued. Mr. Speaker, with those introductory remarks, I now invite consideration and approval of the regul ations entitl ed Submarine Communications Cables (Regulatory Authority Fees) Regulations 2020 and the Electronic Communications (Regulatory Authority Fees) Amendment Regulations 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerWell, y ou are nice and clear today because we notice you came more west than you nor-mally are. So, that is understandable why you are clearer today, and you have the floor.
Mr. Ch ristopher FamousMr. Speaker, good afternoon. I wish to congratulate the Minister, his Mini stry, and the other associated body, the Bermuda D evelopment Agency. Mr. Speaker, often we are being chided that we are not moving fast enough to diversify the ec onomy or that we are only using the one …
Mr. Speaker, good afternoon. I wish to congratulate the Minister, his Mini stry, and the other associated body, the Bermuda D evelopment Agency. Mr. Speaker, often we are being chided that we are not moving fast enough to diversify the ec onomy or that we are only using the one stream of international business as our only source of income. So, what this Bill today shows and proves to all the critics is that, yes, indeed, we are diversifying our income. We are, through the legislation passed by this Go vernment, positioning Bermuda to be a Mid- Atlantic hub for telecommunications. We are not doing it, just giving away our sovereignty, we are doing it for a very good, I would not say “big fee,” but a fee that som eone can afford. But more import antly, as importantly, is that it is going to cause companies which are associated with these submarine cables to redomicile in our coun try. What does that mean? It means that there will those who will be coming here to rent properties — both commercial and residential —there will be those who are buying groceries, those who are contributing to the economy. So, when we go back to the story about diversifying our economy, this has very . . . this has a number of spin- offs. So, again, Mr. Speaker, I want to con gratulate the Minister and the Bermuda Development Agency, his PS Ms. Rozy Azhar and all of those associated with this. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak at this time? Hon. N. H. Cole Simons: Mr. Speaker.
The SpeakerThe SpeakerHonourable Opposition Leader. Hon. N. H. Cole Simons: Yes.
The SpeakerThe SpeakerYou have the floor. Hon. N. H. Cole Simons: We on this side support these regulations. I would just like to respond to the Honourable Member who just spoke. If I recall, and he may not have been around then, that we— the OBA — and as far back as …
You have the floor.
Hon. N. H. Cole Simons: We on this side support these regulations. I would just like to respond to the Honourable Member who just spoke. If I recall, and he may not have been around then, that we— the OBA — and as far back as when the UBP was involved, the Honourable Grant Gibbons initially laid the foundation
Bermuda House of Assembly and did a lot of work on undersea cables. And I have to ackno wledge the PLP has progressed it and I will take it from them, but to say that it is new, it is not a new initiative, it has been around for 10, 15 years easily. So, again, I wish them all the best and we will not inhibit the progress made in this area. I just have a question for the Minister. He speaks to the authorisation fee of $30,000. Can he speak as to how he arrived at that? Because I was looking at some research and the fees are linked to gigabytes per second, based on the speed in which data tra nsfers through these cables and, obviously, the slower the transfer of data, the less the fees will cost. So, if you have 6,500 gigabytes or greater, we find that the US jurisdictions charge $430,000 a year for the licence. So, my question is, how did the Minister arrive at the $30,000 annual fee? And how does the gigabyte speed impact our fees? Like I said, [I ask] just for clarity, so that I have a better understanding and the community has a be tter understanding as to how these fees were arrived at. In addition, there is the $412,500 fee, basically, for the submarine cables passing through our pr otected zones for the duration of the licence, which can be up to 25 years. I have no problem with that, you know, they have to pay if they threaten our protect ed zones, so I have no problem with that from an env ironmental point of view. But I would just like to know if he can provide some meat on the bones as to how he arrived at the numbers that they have used to charge these fees. But generally speaking, we support these initiatives. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister, would you like to respond?
An Hon. Member An Hon. Member[These are] recommended by the BDA, thes e are processing fees and are coming. Hon. Walter H. Roban: Yes, just trying to get the technology in order, Mr. Speaker. I wish to thank all the Members who have spoken in support of the legislation. And thank you to the Honourable …
[These are] recommended by the BDA, thes e are processing fees and are coming. Hon. Walter H. Roban: Yes, just trying to get the technology in order, Mr. Speaker. I wish to thank all the Members who have spoken in support of the legislation. And thank you to the Honourable Member for constituency 11 and thank you for the Honourable Member for constituency 8 for their support for the legislation. Let me make something very clear here. I do not know the source of the tribute that the Honourable Member specifically gives to a certain former Member of Parliament, but all of the existing cables that come into Bermuda pre- date most of the people who sit in the House’s presence in the House. They were laid many years ago and no new cables have been laid since that could be associated with any specific singular Member of the House. And so, the BrazilCom, which is now GlobeNet, the Cable & Wireless cable, and the Telecommunicable were all laid considerable years ago. They, obviously, have already established Bermuda as a substantial player in the Atlanti c telecoms market. And what we are doing is we are expanding that credibility. And so, I just wanted to state that for the record. The other comments that I did hear were in relation to the fee structure. Well, the lion’s share of the fees is regulatory f ees for the RA and they are primarily structured as processing fees. And those fees are structured that way for a couple reasons, Mr. Speaker, one is they are introductory fees. So, we were not looking to put ourselves in a place where, at least initially, we are not competitive. The fee structure that we devised is based on a credible industry assessment by industry analysts who, I believe, were referred to us by the Bermuda Business Development Agency and also worked with the Regulatory Authority to provi de the recommendations on the fee structure. But ultimately, the RA and others made the asses sment as to the exact price, but it was based on an analysis done of the wider global market. And so, the fees are structured in that [way]. Other parts of the fee are actually the government fee and those fees are the responsibility —the ones listed, particularly, in the legislation— are actually fees that will be collected by the Ministry of Finance and also by the Ministry for Public Works, who, as the overseer of the government real estate, is . . . there is a fee there that is basically set towards . . . it is pr orated based on lease and licensing structure that is already in place. So, all the fee structures are based, not upon the gigabytes travelled in that . . . and I will at least say that, perhaps, in the future, the fee struc-ture could evolve. But we are trying to get into the market, so we were not about to put any fees in place that industry players who were interested in coming to Bermuda could review and find . . . Well, it looks like Bermuda is trying to pad or . . . we could not explain clearly what our fees represent. Because we are tr ying to get into the market, we are looking to create Bermuda as this hub, so we are looking to be com-petitive compared to any other possible jurisdiction that might attempt to get into this market. But Berm uda’s geography, Bermuda’s reputation already in the telecoms market, with substantial major global players either having been in Bermuda or are still in Bermuda (because there are major telecoms players globally who are here), we want to build on this market and move as, the Honourable Member for constituency 11 stated, to diversifying our economy. And I would like to make another comment related to this, Mr. Speaker. This Government has had a clear vision for diversification. And that diversific ation, as we have clearly stated—the Honourable David Burt and others who have been working in developing 276 11 December 2020 Official Hansard Report
Bermuda House of Assembly the FinTech space—know that we will only be successful with this techn ology -based diversification if Bermuda has capacity and has capacity to take on these new industries. And that means building up the infrastructure that will support and attract companies to Bermuda in the technology space. So, Bermuda, starting with certa in discussions that started with the Premier’s Office, and were then taken up by my Mini stry, has created this opportunity where Bermuda can attract major global players in the telecommunications space, thus, creating other opportunities that we can develop around FinTech, around technology, and around diversifying our economy. So, this is just one of those steps, and if an ybody does any serious analysis, Mr. Speaker, of the global telecommunications market, they will see there are cables running all from . . . through every ocean and almost every area of ocean that exists. Undersea cables comprise 90- plus per cent of the telecommunications that go on around the world. As some of us now may be surfing the Internet, looking at newspapers or other publications or doing research right at this moment, Mr. Speaker, that is being facilitated not by satellites, not by wireless, it is being facilitated by cables. So, the reality is that this is where the growth in broadband, wireless services, other types of services that are underpinned upon technological growth and enhancement —this will be how it is facilitated — through the expansion of the global cable network. And there are multibillion- dollar companies, perhaps trillion -dollar companies, that are involved with this process as we speak. Bermuda is positioning herself to be a part of this growth. So, I do hope that those comments add to this debate in a positive way and provide the public with additional information. Just some clarification points, Mr. Speaker, the fees I mentioned are not collected by Public Works, but they represent a fee as it relates to when a cable lands within our territory, just as Public Works charges certain fees for use of our real estate, our fees are targeted that way, but they are not collected by Public Works exactly, but they are based on the types of fees that are related to the use of our real estate, particularly our ocean real estate. Some other issues here that I just want to a nswer. The fees that are being charged and that are laid out in the proposed Regulations, Mr. Speaker, are reasonable in order to attract business to Bermuda, [they are] purposefully and intentionally designed that way. And that is not by accident. This is actually . . . we are being very deliberate. We want to attract bus iness to Bermuda. And this was done with the help, as I said earlier, by international experts who looked at these things and gave us some advice in cooperation with the Regulatory Authority, and these numbers were used in order to set the appropriate fees. And we used similar calculations when it came to the fees that will be on par with the use of the seabed. It was pr orated based on existing fee structures that Bermuda uses. But it is basically a service fee. there is nothing padded in it other than to what would be the practical rationale for charging this fee, and it is aligned with existing fee structures that we already have. So, with that, Mr. Speaker, I am happy that I have been able to bring this legislation to the House. It [concludes], as I said in my brief, the process which started earlier this year. And perhaps, if COVID had not come along, this would have already been done. But it started in February just before we went down, and now we are finishing off the process. And the Bi ll is already operative and these fees will now be avai lable so that any interested parties who might want to run their cables through Bermuda or land them through Bermuda, helping to establish Bermuda as a telecommunications hub in the North Atlantic, wil l know what they will be dealing with. With that, Mr. Speaker, I finish my comments and I would like, if you will allow me, Mr. Speaker, may I go to the next step?
The SpeakerThe SpeakerOne quick question. Hon. Walter H. Roban: Unless there is someone who has a q uestion.
The SpeakerThe SpeakerYes, that is what I was trying to say, before you move. If any other Honourable Members want to make . . . no, we do not at this time, because you are . . . we did not go into Committee, we are just in the House with it. …
Yes, that is what I was trying to say, before you move. If any other Honourable Members want to make . . . no, we do not at this time, because you are . . . we did not go into Committee, we are just in the House with it. So, you just — [Inaudible interjections]
Hon. Walter H. Roban: Typically, Mr. Speaker, they do not go into Committee.
An Hon. Member An Hon. MemberThat is correct.
The SpeakerThe SpeakerRight. So, there is no other comment. If we were in Committee, we could go back and forth. Hon. Wal ter H. Roban: You are my direction, Mr. Speaker.
The SpeakerThe SpeakerYes, the question that I have here, the second motion, that was actually tied into this one? Hon. Walter H. Roban: Yes, I can . . . [Crosstalk] Hon. Walter H. Roban: Yes, Mr. Speaker, I wil l just say yes.
The SpeakerThe SpeakerIt could have possibly gotten tied t ogether. You probably could have dealt with them both Bermuda House of Assembly together, but they were not. So, just do the second one now. [Is there any] objection to the Minister moving on? No objections. [Moti on carried: Draft Regulations entitled the …
It could have possibly gotten tied t ogether. You probably could have dealt with them both
Bermuda House of Assembly together, but they were not. So, just do the second one now. [Is there any] objection to the Minister moving on? No objections. [Moti on carried: Draft Regulations entitled the Subm arine Communications Cables (Regulatory Authority Fees) Regulations 2020 were considered by the whole House and approved.]
The SpeakerThe SpeakerSo, do the second one now, Minister. Hon. Walter H. Roban: Yes, Mr. Spe aker. My brief comments did encompass both because they essentially are a reflection of each other.
The SpeakerThe SpeakerOkay. Right. Hon. Walter H. Roban: The fee structures, essentia lly, will be in the same . . . operate together. So, my brief, in all of its e ssence, will be the same for the next piece of legislation. [Crosstalk] Hon. Walter H. Roban: All I have to do …
Okay. Right.
Hon. Walter H. Roban: The fee structures, essentia lly, will be in the same . . . operate together. So, my brief, in all of its e ssence, will be the same for the next piece of legislation. [Crosstalk]
Hon. Walter H. Roban: All I have to do now is ba sically introduce it and if anybody has any . . . I do not have any additional comments on the next piece of Regulations, so I will just open the floor for comments once I lay it.
The SpeakerThe SpeakerWell, here is the . . . I was listening to your brief and that is what was throwing me off a little. Hon. Walter H. Roban: Yes, yes. I understand that and—
The SpeakerThe SpeakerYou could have introduced them — Hon. Walter H. Roban: —I apologise if I provided any confusion, Mr. Speaker.
The SpeakerThe SpeakerWe could have introduced them at the same time and dealt with them. In this regard, being they were not done, but your brief has spoken to both of them, c orrect? Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerSo, just move the second one so it is at least moved if anyone wants to make comments, but the brief does not need to be repeated. Hon. Walter H. Roban: Well, Mr. Speaker, if you will recall, at the beginning of my brief, I did introduce them both at …
The SpeakerThe SpeakerOkay. Well — Hon. Walter H. Roban: I did, like, speak to them in my brief.
The SpeakerThe SpeakerWhat happened there is it was not acknowledged by my office to me that both were going to be moved at the same time. That’s where it gets— Hon. Walter H. Roban: Understood.
The SpeakerThe SpeakerSo, we did not acknowledge that you were going to move both, but after it got moved and I was listening to your brief and it sounded like your brief was covering both of them. Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerOkay. Hon. Walter H. Roban: And I apologise for any confusion. So, I will go forth now, Mr. Speaker —
The SpeakerThe SpeakerJust for the sake of clarity, if any Member wishes to speak to the second one, it is now open for conversation. You have moved it . . . and then move it and then someone can just, if they would like to— Hon. Walter H. Roban: I will just …
Just for the sake of clarity, if any Member wishes to speak to the second one, it is now open for conversation. You have moved it . . . and then move it and then someone can just, if they would like to—
Hon. Walter H. Roban: I will just now move it and, certainly, if anybody wishes to speak to the next measure, they can do so.
Hon. Walter H. Roban: So, Mr. Speaker, with the Government’s recommendation in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulations ent itled the Electronic Communications (Regulatory A uthority Fees) Amendment Regulations 2020 , proposed to be made by the Minister responsible for telecommunications in exercise of the powers conferred by sections 6 and 11 of the Electronic Communications Act [2011], as read with section 44 of the Regulatory Authority Act 2011, Mr. Speaker. So, it was important that there be a disti nguishing line because they do refer to two different pieces of legislation, even though ultimately these fees will be applied and will operate together.
The SpeakerThe SpeakerOkay. 278 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: So, I am happy to entertain any comments of any Members on this second measure, Mr. Speaker, at this time.
The SpeakerThe SpeakerDoes any other Member wish to make a comment on the second matter?
Mr. Christ opher FamousI just want to, again, thank the Ministry for their work. Often people who work at Ministries get overlooked, so, again, I want to thank those, especially PS Rozy Azhar and the two ladies up front —Miss Robinson and Miss Danielle— and all other s who have helped to craft …
The SpeakerThe SpeakerThank you, MP Famous. Any other Member? No other Member. Minister, just do [what ] you need to do and we will move on. Hon. Walter H. Roban: Yes. One short comment, Mr. Speaker, just for the benefit of my colleagues and for the members of the public. The first …
Thank you, MP Famous. Any other Member? No other Member. Minister, just do [what ] you need to do and we will move on. Hon. Walter H. Roban: Yes. One short comment, Mr. Speaker, just for the benefit of my colleagues and for the members of the public. The first measure deals with cables that would pass through Bermuda’s territorial waters while this measure that I just moved, will deal with any cables that actually land in Bermuda and will service the Bermuda marketplace. So, there is a distinguishing operative perspective on these that needs to be clear, even though the fees will be scheduled and operate alongside each other at once if the Legislature chooses to pass them. So, with that, Mr. Speaker, I move that the said draft Regulations —both sets of Regulations —be approved and that a suitable message be sent to His Excellency the Governor. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAre there any objections to that message being sent to the Governor —for both matters? There are no objections, so, both matters are now passed. Thank you, Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. Thank you, colleagues. [Motion carried: Draft Regulations entitled Electronic Communications (Regulatory Authority Fees) Amendment …
The SpeakerThe SpeakerThank you. We now move on to [Order] No. 3, which is the Government Fees Amendment (No. 2) Regul ations 2020 in the name of the Minist er of Finance. Minister. Hon. Curtis L. Dickinson: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. DRAFT REGULATIONS GOVERNMENT FEES AMENDMENT (NO. 2) REGULATIONS 2020 Hon. Curtis L. Dickinson: Mr. Speaker, with the Governor’s recommendatio n in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulations ent itled Government Fees Amendment (No. 2) Regul ations …
Good afternoon.
DRAFT REGULATIONS
GOVERNMENT FEES AMENDMENT (NO. 2) REGULATIONS 2020 Hon. Curtis L. Dickinson: Mr. Speaker, with the Governor’s recommendatio n in accordance with section 36(3) of the Bermuda Constitution, I move that consideration be given to the draft Regulations ent itled Government Fees Amendment (No. 2) Regul ations 2020, proposed to be made by the Minister of Finance in exercise of the power conferred by section 2 of the Government Fees Act 1965.
The SpeakerThe SpeakerAre there any objections? No objections. Continue on, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Regulations entitled Government Fees Amendment (No. 2) Regulations 2020 be now read the second time. Mr. Speaker, these fees are new fees being added to Head 25 and Head 73A of …
Are there any objections? No objections. Continue on, Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Regulations entitled Government Fees Amendment (No. 2) Regulations 2020 be now read the second time. Mr. Speaker, these fees are new fees being added to Head 25 and Head 73A of the Government Fees Regulations 1976 in rel ation to the development of Bermuda as a hub jurisdiction for communications cables. Head 25 is being amended to introduce a government authorisation fee for holders of a Subm arine Cable Communications Licence in accordance with section 19 of the Electroni c Communications Act 2011 . These annual fees are assessed at 1 per cent of the licensee’s gross revenue derived from providing electronic communications to the Bermuda market. This fee is aligned with the fees charged for other communications operators in the Bermuda market. Head 73A is being amended to introduce government authorisation fees for: (1) an installation permit application under section 33 and section 45 of the Submarine Communications Cables Act 2020; (2) a licence application under section 1 5, read with section 58, of the Submarine Communications Cable Act 2020; (3) an annual fee under section 65 of the Submarine Communications Cable Act 2020; and (4) the right for the licence holder to have submarine cables in the protection zone for the dur ation of the licence under section 50, read with section 65, of the Submarine Communications Cable Act 2020.
Bermuda House of Assembly Mr. Speaker, with those introductory remarks, I now move that the Regulations entitled Government Fees Amendment (No. 2) Regulations 2020 be read for the second time. Thank you.
The SpeakerThe SpeakerAre there any objections? No objections. Does any other Member wish to make a comment? Hon. N. H. Cole Simons: Thank you, Mr. Speaker. As stated previously, under the Deputy Premier’s comments, we have no objection to these Reg ulations. They have been spoken to previously. Just from an operational …
Are there any objections? No objections. Does any other Member wish to make a comment?
Hon. N. H. Cole Simons: Thank you, Mr. Speaker. As stated previously, under the Deputy Premier’s comments, we have no objection to these Reg ulations. They have been spoken to previously. Just from an operational point of view, we say that for the cables that basically service the Bermuda market there is a fee of 1 per cent of the licensee’s gross revenues. My question is : What documents will we receive and how often will the regulators receive financial reports that will confirm the gross revenues for these industries? If the players have their financial statements in within six months of the year, then we will be able to charge our 1 per cent fee based on the gross revenues. Or are we going to do that quarterly? Can the Minister provide more in- depth details on how we are going to verify the gross revenues for each of the service providers that will be landing in Bermuda? And the second question that I have is: [New Head 73A) paragraph (4), the $412,500 . . . I understand the reasoning and the fee is for a period of up to 25 years. Are we going to prorate that if a service pr ovider is here for 10 years? Or are they going to pay the flat fee for the full duration, whether it is 10 years or 20 years? So, if the Minister can provide clarity around those points, I would be grateful. Thank you.
The SpeakerThe SpeakerDoes any other Honourable Member wish to speak? No other Member? Hon. Walter H. Roban: Yes, Mr. Speaker.
The SpeakerThe SpeakerDeputy Premier, is that you? Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerDeputy Premier, would you like to make contribution? Hon. Walter H. Roban: I would just like to thank the Honourable Minister of Fin ance, the Member for constituency 21, for bringing this legislation. It is also a part of the picture and a part of the tapestry that I brought …
Deputy Premier, would you like to make contribution?
Hon. Walter H. Roban: I would just like to thank the Honourable Minister of Fin ance, the Member for constituency 21, for bringing this legislation. It is also a part of the picture and a part of the tapestry that I brought today and, in partnership with Finance, we are completing the full picture of the efforts of this Government to create this North Atlantic hub for Bermuda. And just, perhaps, to assist in some way the service fee is a flat fee that is charged one time. It is not prorated or it is not . . . it does not get charged repeatedly over the life of the cable operator operat ing the cable in Bermuda. Perhaps that is helpful to some of the queries that I believe I just heard made on the floor, Mr. Speaker. But I am thankful that the Ministry of Finance has brought this measure because it does complete the full picture of what we are looking to do in this area of suboptic telecommunications industry in Berm uda.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? No other Member. Minister of Finance, would you like to wrap us up? Hon. Curtis L. Dickinson: I would like to thank the Honourable Opposition Leader for the questions and the Honourable Deputy [Premier] for his assistance in providing an …
Thank you, Minister. Does any other Member wish to speak? No other Member. Minister of Finance, would you like to wrap us up? Hon. Curtis L. Dickinson: I would like to thank the Honourable Opposition Leader for the questions and the Honourable Deputy [Premier] for his assistance in providing an answer, at least to the second part of the question. Just in respect to the first question, I did indicate in m y brief that the fees are charged annually. And so, I would suspect that the operator is obliged to provide audited financial statements to the relative authority to ensure that there can be an audit of the fee charged relative to the revenue that is shown on the financial statements for the company that is avai ling itself to using the ocean real estate in Bermuda. I think I have answered the questions, Mr. Speaker, the second question the Honourable Mini ster answered himself in his remarks.
The SpeakerThe SpeakerOkay. Hon. Curtis L. Dickinson: About the one- time nature of the fee of $412,500.
The SpeakerThe SpeakerOkay. Hon. N. H. Cole Simons: Thank you, I am comfort able with those answers.
The SpeakerThe SpeakerWould you like to just move us now to the message to be sent? Hon. Curtis L. Dickinson: Yes, please. Mr. Speaker, I move that the said Draft Regulations be approved and that a suitable message be sent to . . . I guess it is Her Excellency (now) the …
The SpeakerThe SpeakerAs of the weekend, I guess it is still “His” ri ght now. Are there any objections to that? No objections. The message will be sent. 280 11 December 2020 Official Hansard Report Bermuda House of Assembly [Motion carried: Draft Regulations entitled Gover nment Fees Amendment (No. 2) Regulations 2020 …
The SpeakerThe SpeakerThat now moves us on to the fourth item on the Order Paper today, which is the Inves tment Funds Amendment Act 2020, again, in the name of the Minister of Finance. Minister of Finance? Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled the Invest ment …
The SpeakerThe SpeakerIs there any objection to that? There are none. Continue, Minister. BILL SECOND READING INVESTMENT FUNDS AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Bill entitled the Investment Funds Amendment Act 2020 for the consideration of Honourable Members. The Bill seeks to make …
Is there any objection to that? There are none. Continue, Minister.
BILL
SECOND READING
INVESTMENT FUNDS AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Bill entitled the Investment Funds Amendment Act 2020 for the consideration of Honourable Members. The Bill seeks to make changes falling into two categories: (1) drafting changes of a housekeep-ing nature designed to achieve consistency and enhance certainty; and (2) changes designed to ensure the scope of the regime remains aligned with assurances provided to the European Commission and the European Union’s Code of Conduct Group in 2019 and early this year. Mr. Speaker, the implementation ex perience that the Authority has gained since the 2019 Amendment Act came into force on January 1 of this year, and the transitional period provided for in the Amendment Act ended on the 30 June, and these have co nfirmed that there are certain minor, yet im portant, rev isions to the Act and the associated Definition Order that need to be made. These amendments will ensure the Inves tment Funds regime is administered efficiently and in a manner consistent with the commitments given to representatives to the European Commission and, ult imately, the European Union’s Code of Conduct Group (Business Taxation). Mr. Speaker, the Government and the Bermuda Monetary Authority are mindful of the sensitivity associated with amending the Investment Funds Act 2006 given t he vital role that the carefully constructed Amendment Act played in securing Bermuda’s r emoval earlier this year from the European Union’s list of non- cooperative jurisdictions for tax purposes. Mr. Speaker, the Authority has apprised the team within the European Commission’s DG TAXUD of the amendments which are proposed and provided them with a copy of the Draft Investment Funds Amendment Bill 2020. The Authority made it clear that the amendments do not change the scope of the 2019 IFA Amendments. The Team at the EC DG TAXUD have communicated that while their comments cannot preclude a different assessment by member states, they did not expect the change to raise concerns. Mr. Speaker, the proposed amendments are as follows: A. Amendments of a housekeeping nature: 1. To introduce a requirement for an oper ator of a private fund to ensure that there is a person resident in Bermuda who has access to the books and records of the fund. This obligation is consistent with those that apply to all other registered funds and should have been included in the Amendment Act. 2. To clarify that the annual filing for all re gistered funds is due to be made within six months of the financial year end. 3. To remove provisions specific to the ap-pointment of fit and proper service provi ders Professional Class B funds as the Amendment Act addressed this obligation for all classes of funds. 4. To align the cross -referencing to applic ation fees set out in the Bermuda Monetary Authority Act 1969. 5. To introduce powers for the Authority to amend or exempt from payment any fee as it may determine. These powers are consistent with those under the Insurance Act 1978. 6. To remove the additional obligation for Professional Class A funds, Professional Class B funds, to appoint a registrar as this obligation will be captured for all funds in the proposed amendments that follow . 7. To impose an obligation on all authorised and registered funds to appoint a regi strar. Mr. Speaker, existing funds have six months of the date of the coming into o peration of the Inves tment Funds Amendment Act 2020 to comply with this r equirement. 8. Finally, to ensure that LLC funds are sub-ject to a comparable obligation as unit trust funds, company funds, and partnership funds. B. Amendments to maintaining alignment of scope are as follows: 1. The definition of “company fund” is to be amended to include structures recently i ntroduced under the Incorporated Segr egated Accounts Companies Act 2019.
Bermuda House of Assembly 2. Paragraph 3(i) of the Definition Order will be amended to clarify that open- ended i nvestment funds, listed on a stock exchange, are not excluded from the IFA regime. Mr. Speaker, when the Definition Order was developed, the intent behind paragraph 3(i) was to ensure that structures such as closed- ended investment funds, listed on a stock exchange, were not inadvertently brought into the scope. The Authority has recognised, however, that the existing wording may also apply to open- ended investment funds listed on a stock exchange, which was not the purpose. The proposed wording reflects the precise intent of this requirement. Mr. Speaker, the Authority has consulted with industry stakeholders on the proposed changes and the feedback received was cosmetic in nature, which suggested that the stakeholders do not have concerns with the amendments that are being proposed. Mr. Speaker, with those introductory remarks, I now present the Bill entitled the Investment Funds Amendment Act 2020 and welcome comments from other Honourable Members. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to make a contribution at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerMr. Opposition Leader, you have the floor. Hon. N. H. Cole Simons: We have no objections to this legislation. As the Minister said, it is administrative in nature and a lot of the amendments, I thought, should have been done way before now. So, I am delighted that they have …
Mr. Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: We have no objections to this legislation. As the Minister said, it is administrative in nature and a lot of the amendments, I thought, should have been done way before now. So, I am delighted that they have incorporated some of these amendments in this legislation. In regard to including segregated accounts companies and segregated accounts, I thought that this was inevitable. So, I support that inclusion into the meaning of a “company fund.” I am not quite clear on the professional funds and their ability to remove the transfer, so I am going to listen to the Minister again, because he said it is addressed in the following paragraphs. I am not clear on that. So, if he could revisit why they are removing the registrars for the professional funds, is it because of the fund administrators taking on the KYC and AML rule t o ensure that the shareholders of those funds’ details are current —their source of funds are from a reliable source? Who will be managing that process to make sure that these shareholders of these funds are people that we want to do business from and that the source of funds, the source of wealth, is from reliable sources? That is my question on the professional funds when it comes to removing the registrar. I am not quite sure where this is covered, but he touched on it. So, if he could expand upon that i t would be greatly appreciated. Section 17 we speak to . . . well, I can deal with that when we get in Committee. So, with those few remarks, Mr. Speaker, as I said, we support the legislation. And it is industry - driven, so we will move forward positivel y in this legi slation.
The SpeakerThe SpeakerThank you. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerMP Richardson, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker, and I echo the Honourable Opposition Leader’s comments in that we support this. I do, however, have some questions for the Honourable Finance Minister. And for the purpose of explaining to the listening public, those who do not know, there are about 650 funds in Bermuda …
Thank you, Mr. Speaker, and I echo the Honourable Opposition Leader’s comments in that we support this. I do, however, have some questions for the Honourable Finance Minister. And for the purpose of explaining to the listening public, those who do not know, there are about 650 funds in Bermuda handling about $187 billion in net asset value. So, this is actua lly touching on a big part of what we do and how we do it. Obviously, for some time we had quite a large fund sector and that diminished somewhat over ti me, but we still have a number of people employed in fund administration and servicing funds —all of the various types and categories. Funds come in all kinds of shapes and sizes and so my questions relate to something which is, perhaps, a little technical, but nonetheless I stand to be informed by the Honourable Finance Minister, who undoubtedly has this information. I note that in [clause 4, new subsection (2D) this legislation talks about that an operator of a private fund should appoint an officer or a trustee or a repr esentative resident in Bermuda. And I am mindful that funds already have quite a number of people . . . or are supposed to have quite a number of people i nvolved from the aspect of Bermuda. This includes that there is a fit and proper test from the operator of the fund and, depending on what type of operator that is—whether it is a company or a trustee—they have their own set of Regulations they have to follow. And they are, by the way, overseen by various regulators in Bermuda as well. The funds have to appoint a compliance officer and a money -laundering reporting officer and they have to have a local service provider insofar as fund administrators go and they are overseen and authorised by the Bermuda Monetary A u282 11 December 2020 Official Hansard Report
Bermuda House of Assembly thority. And so, we are adding another person into their structure that has to be local and has to have access to all these records. The reason I bring this up, Mr. Speaker, is because all of these roles and responsibilities come with a cost factor. And so, when funds are looking around jurisdictions where they are going to operate from, a number of these roles are outlined in the bus iness case. So, given that we are going to say, Okay , you guys need to have an additional person appointed to undertake even more roles and more duties in Be rmuda . . . then why is that? And I anticipate that an operator of a fund will eventually ask, Okay, well why are we doing it this way, given that I already have so much to do to satisfy local authorities insofar as making sure that (as the Oppositi on Leader had said) we already have a clean source of funds, source of wealth, that we already appoint so many local people? And to that effect, given that we had to run the risk of breaching our expectations with Brussels with the EU, it seems like this s hould be a very, very, good reason for making these amendments, considering how much risk we incurred and how much cost we are about to incur into this sector. With that being said I, again, thank the F inance Minister for his time.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? There are no others. Minister, would you like to wrap us up? Hon. Curtis L. Dickinson: Indeed, Mr. Speaker, thank you. In response to the Opposition Leader’ s question I would just remind …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? There are no others. Minister, would you like to wrap us up?
Hon. Curtis L. Dickinson: Indeed, Mr. Speaker, thank you. In response to the Opposition Leader’ s question I would just remind him that the requirement has been here formally addressed in section 19 for all funds. So, this is an application of this same rule across the board for every fund that exists. In effect, the legislation and the housekeeping nature of it brings consistency to the regulation for all funds. With respect to the questions from the Honourable Member from constituency 23, I am not quite sure how he would have concluded that this is a r equirement for an additional person. If I re- read my brief it says: “to introduce a requirement for an oper ator of a private fund to ensure that there is a person resident in Bermuda who has access to the books and records of the fund.” Inasmuch as there is already a person who is already resident in B ermuda who is providing some sort of service to the fund, that person can be the one who acts as the operator. And so, I am not sure if this is a . . . I do not see this as being the requirement to add an additional person. I just see this as a clarificati on in terms of making it very clear that the operator needs to be a person resident in Berm u-da who has access to the books and records of the fund. I would also make the point that the whole intention behind these amendments is to ensure that we are in compliance with the EU and TAXUD —the ones who oversee the challenges that we faced before around being listed and delisted. And so, these were intended to be clean- up amendments and, in my concluding remarks the brief mentioned that, as is always the case wi th the BMA, they have broadly consulted with industry and the feedback that they received from them, in their words, “cosmetic.” That is it for me, Mr. Speaker. Are there any further questions?
[Pause]
Hon. Curtis L. Dickinson: You are on mute, Mr. Speaker.
The SpeakerThe SpeakerMove us into Committee, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 3:03 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INVESTMENT FUNDS AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Investment Funds Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Investment Funds Act 2006 to, amongst other things, …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Investment Funds Amendment Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Investment Funds Act 2006 to, amongst other things, make provision for housekeeping measures applicable to authorised funds and registered funds and other consequential and related matters. Mr. Chairman, I move clauses 1 through 8.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 provides a title for this Bill. Clause 2 seeks to amend section 2 of the Act in the definition of “company fund” to include an incorBermuda House of Assembly porated segregated account and an incorporated segregated accounts company and, as such, are defined …
Continue.
Hon. Curtis L. Dickinson: Clause 1 provides a title for this Bill. Clause 2 seeks to amend section 2 of the Act in the definition of “company fund” to include an incorBermuda House of Assembly porated segregated account and an incorporated segregated accounts company and, as such, are defined under the Incorporated Segregated Accounts Companies Act 2019. Clause 3 proposes to amend section 5B by aligning the timing of the existing filing requirements to within six months of the fund’s financial year end in order to accommodate funds that do not have a financial year end of December 31. Clause 4 proposes to amend section 6 to i ntroduce a requirement for an operator of a private fund to ensure that an officer, a trustee or representative resident in Bermuda is appointed who has access to books and records of the fund and aligns the fund’s annual filing date under subsection (3D) to within six months of its financial year end. Clause 5 seeks to amend section 6A by deleting the additional requirement for a Professional Class A fund to appoint a registrar as such requir ement is proposed to be imbedded under section 19. Clause 6 shall amend section 6B by aligning the annual filing to within six months of the fund’s f inancial year end in order to accommodate funds whose year -end is not the 31 st of December. Clause 7 seeks to amend section 7 to de lete the additional requirement for a Professional Class B fund to appoint a registrar as such requirement is pr oposed to be imbedded under section 19. Clause 8 proposes to amend section 8A by repealing subsections (9) and (10), relating to r equirements ar ising thereunder that were imposed on Professional Class B Funds (formerly known as Class B Exempt funds), as such funds are now subject to a registration regime, which includes the a ppointment of fit and proper service providers rendering subsections (9) and (10) irrelevant, and also aligns the annual filing date of a fund within six months of its f inancial year end in order to accommodate those funds whose year -end is not 31 st of December.
The ChairmanChairmanThank you, Minister. Are there any further speaker s to clauses 1 through 8? There appear to be none. Minister. Hon. N. H. Cole Simons: Hang on. [I have a] comment on clause 8.
The ChairmanChairmanWe recognise the Leader of the O pposition, the Honourable Cole Simons. Mr. Simons, you have the floor. Hon. N. H. Cole Simons: I know historically when we appointed a new director, a new officer, of the fund, the BMA would basically have to approve of such ap-pointment. And if …
We recognise the Leader of the O pposition, the Honourable Cole Simons. Mr. Simons, you have the floor.
Hon. N. H. Cole Simons: I know historically when we appointed a new director, a new officer, of the fund, the BMA would basically have to approve of such ap-pointment. And if they did not respond there was the assumption that all was in order as far as the BMA approval process was concerned. So, they just do a filing, and once the filing is made, there is an assum ption, unless said otherwise, that this has been ap-proved. Now, I understand that this amendment r emoves the response responsibility and the assumption is that, if there is no answer from the BMA, everything is in order. So, I was wondering why they made that change, or is it because if the BMA found something wrong with the director, and found the new director is of questionable character, they do not wa nt to be caught tipping the fund’s sponsors or the fund’s managers that this person that they are appointing may be persona non grata in Bermuda or they may have found through research that they have been involved in nefarious activities. And so, is this one of the reasons why they have not responded in regard to having obligation in getting back to the fund sponsor in r egards to appointment of directors who may not be the type of person that we want in Bermuda? Hon. Curtis L. Dickinson: Mr. Chairman, I wi ll have to wait to be advised by the BMA because that is an operational matter for which I am not intimately i nvolved. So, with your indulgence, I am just waiting for a response to come in from the BMA.
The ChairmanChairmanThank you, Minister. Are there any further speakers? There appear to be none. Minister, do you want to move clauses 1 through 8? Hon. Curtis L. Dickinson: Sure, I will come back to clause 8. Mr. Chairman, I move that clauses 1 through 8 be approved.
The ChairmanChairmanIt has been moved that c lauses 1 through 8 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 8 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I am advised that the spirit behind the registrar requirement is to ensure …
It has been moved that c lauses 1 through 8 be approved. Are there any objections to that? There appear to be none. Approved.
[Motion carried: Clauses 1 through 8 passed.]
Hon. Curtis L. Dickinson: Mr. Chairman, I am advised that the spirit behind the registrar requirement is to ensure that books and records are in Bermuda. Typically, this appointment is delegated to the secr etary of the corporate service provider [CSP], but really it can be with any local provider. Regarding the selection of directors, this section was repea led, all applications requiring BMA r esponse confirming acceptance of said directors.
The ChairmanChairmanAre you satisfied, Opposition Leader? Hon. N. H. Cole Simons: Yes. 284 11 December 2020 Official Hansard Report Bermuda House of Assembly The Chairman: Okay. Continue, Minister.
Mr. Jarion RichardsonI am sorry. Hon. Cur tis L. Dickinson: Mr. Chairman, I move clauses —
Mr. Jarion RichardsonI am sorry, Mr. Chairman. Could the Finance Minister just read that advice back again as it relates to the appointment of the registrar? I think he said it was corporate service prov iders he mentioned. I just want to be clear. Thank you. Hon. Curtis L. Dickinson: The spirit …
I am sorry, Mr. Chairman. Could the Finance Minister just read that advice back again as it relates to the appointment of the registrar? I think he said it was corporate service prov iders he mentioned. I just want to be clear. Thank you.
Hon. Curtis L. Dickinson: The spirit behind the regi strar requirement is to ensure that books and records are in Bermuda. Typically, this appointment is del egated to the CSP or the secretary, but re ally it can be any local service provider.
Mr. Jarion RichardsonThank you, Honourable F inance Minister. Thank you, Mr. Chairman.
The ChairmanChairmanYou are welcome, Honourable Member. Hon. Curtis L. Dickinson: Mr. Chairman, clause 9 seeks to amend section 8C to align—
The ChairmanChairmanOne second, Minister. What are you doing . . . 9 through— Hon. Curtis L. Dickinson: Fourteen.
The ChairmanChairman—[clause] 14. Hon. Curtis L. Dickinson: Yes.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 9 seeks to a mend section 8C to align the annual filing date to within six months of its financial year end in order to accomm odate those funds whose year -end is not the 31 st of December. Clause 10 proposes to amend …
Continue. Hon. Curtis L. Dickinson: Clause 9 seeks to a mend section 8C to align the annual filing date to within six months of its financial year end in order to accomm odate those funds whose year -end is not the 31 st of December. Clause 10 proposes to amend subsection (1)(bc) of section 17 as a housekeeping measure, as such fees noted were imbedded via a 2019 amendment and to introduce a power for the Authority to r educe, or exempt from, the payment of, any fee pay able by an operator under section 17. However, prior to the exercise of such power, the Authority shall review the nature, scale and complexity of the activities of the investment fund to be or that is being conducted, by an operator. Further, conditions may be imposed on an operator where the Authority seeks to allow such fee reduction or exemption. S uch powers are in line with those already afforded to the Authority under the Insurance Act 1978. Clause 11 proposes to amend section 19 by imposing on every authorised and registered fund the requirement to appoint a registrar. As a result, the reg-istrar appointment for both authorised and registered funds shall now be addressed under the same section of the Act, as previously, the requirements imposed on registered funds arose under the respective regi stered fund class criteria.
Hon. N. H. Cole Simons: Ah, that is what it is.
Hon. Curtis L. Dickinson: Clause 12 proposes, as a housekeeping measure, to align section 25(4) to also include reference to “LLC funds.” Therefore, the operator of an institutional or an administered fund is r equired to notify the Authority in relation to a change in the operator of an LLC fund. Clause 13 proposes an amendment to be made to the Investment Funds (Definition) Order 2019 to narrow the carve- out discussed in the definition order. Clause 14 provides for transitional matt ers.
The ChairmanChairmanThank you, Minister. Are there any further speakers to clauses 9 through 14? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 9 through 14 be approved.
The ChairmanChairmanIt has been moved t hat clauses 9 through 14 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 9 through 14 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that th e Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as printed. Bermuda House of Assembly Thank you, Minister. Hon. Curtis L. Dickinson: Thank you, …
It has been moved that th e Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as printed.
Bermuda House of Assembly Thank you, Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Chairman. [Motion carried: The Inve stment Funds Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 3:14 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
INVESTMENT FUNDS AMENDMENT ACT 2020
The Sp eaker: Thank you, Deputy. Members, are there any objections to the I nvestment Fund Amendment Act 2020 being reported to the House as printed? There are no objections. It has been reported as printed. We now move on to the next item on the O rder Paper to day, which is the Bermuda Monetary A uthority Amendment (No. 2) Act 2020, again, in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections? No objections. Continue on, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Bill entitled the Bermuda Monetary A uthority Amendment (No. 2) Act 2020. The purpose of this Bill is to amend the Fourth Schedule to the Ber-muda Monetary Act 1969 …
Are there any objections? No objections. Continue on, Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Bill entitled the Bermuda Monetary A uthority Amendment (No. 2) Act 2020. The purpose of this Bill is to amend the Fourth Schedule to the Ber-muda Monetary Act 1969 to clarify the obligations r elating to payment of certain fees by persons licensed, or proposed to be licensed, under the Digital Asset Business Act 2018 and the Insurance Act 1978. Mr. Speaker, by way of background, the Bermuda Monetary Authority undertook a comprehensive review of its target operating model, together w ith its fee structure, in 2018. At the end of the review pr ocess, together with a comprehensive consultation pr ocess, the Bermuda Monetary Authority Amendment (No. 3) Act 2018, which contained fee schedules for the years 2019, 2020 and 2021, was passed by the Legislature. Fees related to the digital asset business sector were enacted under the Digital Asset Business Act 2018 . Mr. Speaker, subs equent to the implement ation of the fee changes, the Authority conducted a r eview of the 2021 fee schedule and they have observed a small number of fees required alignment and/or additional precision as follows: Insurance Fees. It is proposed to amend the Act to adjust the 2021 registration fees to be paid by class 1 through class 3 general business, class 3A general business, class 3A run- off general business, and class 3A affiliated insurers and reinsurers. Presently, the registration fees regarding these entities range from $2,500 to $25,000. It is proposed to amend Part C of the Fourth Schedule of the Act by adjusting the registration fee to $2,250 to $25,920 for this category of insurers to bring the fees into alignment with the corresponding annual fees as originally intended. Revisions to be made to the registration fees for class 3A insurers carrying on general business and/or a class 3 affiliated insurer. It is proposed to amend Part C of the Fourth Schedule of the Act to revise the registration fees for the class 3A insurer carrying on general business and/or a class 3A affil iated insurer. Presently, the registration fees regarding these entities range from $25,000 up to $45,000 based on gross premiums. It is proposed to amend Part C of the Fourth Sc hedule of the Act by adjusting the registration fee downwards to $24,550 up to $44,500 for this category of insurer to bring the fees into alignment with the corresponding annual fees as originally intended. Revisions are to be made to the registration fees for a class 3A insurer carrying on run- off general business. It is proposed to amend Part C of the Fourth Schedule of the Act to revise the registration fee for a class 3 A insurer carrying on run- off general business. Presently, the registration fee for this class ranges from $25,000 up to $40,000 based on gross reserves . It is proposed to amend Part C of the Fourth Schedule of the Act by adjusting the fees to $24,550 up to $44,500 for this category of insurer to bring the fees into alignment with the cor responding annual fees as originally intended. There will also be a requirement to adjust the application fee covering an exemption and/or a modification to a commercial solvency self -assessment from $10,000 to $1,000 in accordance with the A uthority’s original intent. Mr. Speaker, it is proposed to amend Part C of the Fourth Schedule of the Act to remove the r equirement for a digital asset business provider to calculate and pay annual fees to the Authority based on estimated client receipts. Instead, a digital asset bus i286 11 December 2020 Official Hansard Report
Bermuda House of Assembly ness provider will be required to pay annual fees based on client receipts. There will also be a requirement to amend Part C of the Fourth Schedule of the Act to make m inor adjustments to various parts of the Fee Schedule to align the struct ure of the Schedule in certain parts with the rest of the Fee Schedule and to renumber the relevant provisions accordingly. Mr. Speaker, I wish to emphasise that the amendments will result in the establishment of fees that were the subject of previous enga gement with industry stakeholders. Indeed, the Bill will ensure the third yearly instalment of the graduated fee structure that was agreed upon in the year 2018 consultation process and subsequently passed by this Honourable House will come into force on 1 January 2021 as i ntended. Mr. Speaker, in closing, I would like to thank all of those persons within the Bermuda Monetary A uthority, the Attorney General’s Chambers, and the Ministry of Finance who have assisted with the devel-opment of this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to make a contribution to this matter at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerOpposition Leader, you have the floor. Hon. N. H. Cole Simons: We in the Opposition have no objection to this legislation. We see what is being done. I just question, for the general debate side, these fees that are being implemented to be aligned with the other sector fees within …
Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: We in the Opposition have no objection to this legislation. We see what is being done. I just question, for the general debate side, these fees that are being implemented to be aligned with the other sector fees within the BMA. [Will] they will go until 2021 and after that period the fees of these two sectors will be aligned with the other sec-tors that the BMA oversees and there will be a complete revision of the fees in 2021 and not before? So, I would like for the Minister just to reconfirm t hat because the banking section, the innovative help section, Investment Funds Act, the Money Services Bus iness Act, the Fund Administration, Credit Unions, Corporate Service Providers and Trust businesses — their fees have been set to 2021. And I am just hoping that these two amendments that we are putting through today in regard to the new industries (i.e., the digital asset business industry, and the amendments to the Insurance Act) will be revisited again in two years’ time. I have other questions, but I will ask them in Committee. So, with those brief comments, Mr. Speaker . . . oh, no, one other point . I note under the Insurance Act 1978 there were increases and reductions in fees. And I was starting to track them and I saw that there was a 3 [per cent] to 4 per cent reduction in fees on the class A insurers, and then there were increases in fees, again, on the class 2 insurers —they increased by 9 per cent —and then a few of them increased by 18, 13 and 12 per cent. And so, can you just provide the just ification as to why these fees were increased by such an amount and then others were reduced? What was the reasoning for the reduction and the reasoning for the increase of fees. I have no problem with the class 3A insurer run-off business. The Minister s aid those fees were based on the gross written premium. I just have to correct him. The fees are based on the gross loss r eserves . . . on their premium reserves. So, again, just a minor technicality. So, with those brief remarks, I look forward to the Mi nister’s comments.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
Mr. Jarion RichardsonThank you. I would ask a question of the Honourable F inance Minister. Last week we passed the Digital A sset Business Amendments that allowed for a Class T licence, and the Class T attracted its own fee. But I see that in this amendment, in the Bermuda Monetary Authority …
Thank you. I would ask a question of the Honourable F inance Minister. Last week we passed the Digital A sset Business Amendments that allowed for a Class T licence, and the Class T attracted its own fee. But I see that in this amendment, in the Bermuda Monetary Authority Amendment (No. 2) Act 2020, which we are discussing now, that we are replacing huge portions of the Fourth Schedule where those fees were outlined. So, I was not entirely sure . . . I could not find it, and maybe he could . . . he and/or his technical officers could as sist me, but where is the Class T licence in the new legislation, which is, obviously, quickly on the heels of our amendments last week? Thank you.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? No other Member? Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. I would say that the need for these hous ekeeping changes at this time is generally attributable to the comprehensiveness of the three- year review that the BMA conducts …
Thank you. Does any other Member wish to speak? No other Member? Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. I would say that the need for these hous ekeeping changes at this time is generally attributable to the comprehensiveness of the three- year review that the BMA conducts covering the years 2019, 2020 and 2021. And Members will recall that we approved these changes in the Legislature in December 2019. Given the extensiveness of the Fee Schedule, and given the technical nature of some of these fees, it is not inconceivable to think that there might be some inconsistencies that occur throughout time that need
Bermuda House of Assembly to be addressed and that is what this legislation is i ntended on doing. The Opposition Leader asked a question, specifically, about next year and what happens when 2021 is expired. As has been the BMA’s practice, they tend to look forward in their fee schedules and they engage in fairly substantial and broad consultation with stakeholders around their fees. One of the things that I encounter quite regularly in talking with folks is the high regard in which people hold the BMA. And that regard, I think, is somewhat correlated to their ability to attract and retain the right people, and in order to do that they have to pay them. And so, the fee schedules are reflective of the quality of service and the quality of the personn el required to provide the function that they do as Bermuda’s financial services regulator. With respect to what happens post -2021, they will engage in a consultation process like they have before, but I do not expect the fees in 2022 will be materially d ifferent from the ones that are showing for 2021. Mr. Speaker, I am awaiting a response to the Class T question that was posed by MP Richardson. So, once I get that answer, I will be more than happy to provide him with that.
The SpeakerThe SpeakerDo you want to w ait for it now or do you want to move into Committee and do it Committee?
Mr. Jarion RichardsonMr. Speaker, I am happy to receive that information in Committee.
The SpeakerThe SpeakerOkay. Hon. Curtis L. Dickinson: Mr. Speaker, I have the answer. The Class T f ees are provided for cons equen tially in the Digital Asset Business Amendment Act [2020] approved [on 27 November 2020].
The SpeakerThe SpeakerOkay. Thank you. Minister, you can now move us to Committee. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill now be committed.
The SpeakerThe SpeakerThank you. Deputy. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. House in Committee at 3:28 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2 020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled the Bermuda Monetary Author ity Amen dment (No. 2) Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, I would like to move clauses 1 through …
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 provides the cit ation for the Bill. Clause 2 amends the Fourth Schedule to the Bermuda Monetary Authority Act 1969 under the following headings: • Digital Asset Business Act 2018, which is amended as a housekeeping measure, to r epeal and replace the …
Continue.
Hon. Curtis L. Dickinson: Clause 1 provides the cit ation for the Bill. Clause 2 amends the Fourth Schedule to the Bermuda Monetary Authority Act 1969 under the following headings: • Digital Asset Business Act 2018, which is amended as a housekeeping measure, to r epeal and replace the fee table in its entirety as various paragraphs required revision so that fees are easier to interpret and apply by appl icants and licensed undertakings. Furthermore, the calculation of the fees under par agraph 3 (the Annual fee table) no longer r equires applicable fee calculations to take into account “estimated” client receipts and i nstead such fee calculations shall apply to “cl ient receipts.” • Insurance Act 1978: the amendment (i) cor-rects the fee payable under paragraph 2(r) as $1,000 instead of $10,000 and (ii) makes pr ovision for revised registration fees f or class 1, 2 and 3 insurers, class 3A insurers, class 3A affiliate insurers and class 3A insurers carr ying on run- off general business (under the relevant subparagraphs of paragraphs 3), as agreed to be reduced for 2021 by the Author ity after review and discussion with the industry. Clause 3 provides for the Act to come into operation on 31 December 2020. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers to this Bill? Hon. N. H. Cole Simons: Yes, Mr. Chairman.
The ChairmanChairmanHonourable Opposition Leader S imons, continue. Hon. N. H. Cole Simons: I would like to direct the Minister to page 7, [paragraph 2] (i). It says: “where a licensed undertaking does not carry on the digital asset business activity in accordanc e with paragraph (h) 288 11 December 2020 Official …
Honourable Opposition Leader S imons, continue.
Hon. N. H. Cole Simons: I would like to direct the Minister to page 7, [paragraph 2] (i). It says: “where a licensed undertaking does not carry on the digital asset business activity in accordanc e with paragraph (h) 288 11 December 2020 Official Hansard Report
Bermuda House of Assembly above, the annual fee payable shall be the lower of amounts calculated under paragraphs” . . . et cetera. Can the Minister provide us with an example—a business example—of how this occurs? I do not quite understand, from a commercial point of view, what they are after —the difference between (h) and (i). Because it says: Where a licensed undertaking does not carry on the digital asset business activity in accordance with paragraph (h). So, if he can give me a commercial example of what is meant here and the difference between [paragraph 2] (h) and (i), it would be appreciated. Thank you. And because this is a new feature to the legi slation; it was not there before.
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Are there any other questions, Mr. Chairman?
The ChairmanChairmanOh, yes, any other speakers? Hon. N. H. Cole Simons: As I said in the general debate, I noted there were a number of increases in various classes. So, in principle, what triggered the i ncrease in fees from 3 per c ent all the way up to, in some …
Oh, yes, any other speakers? Hon. N. H. Cole Simons: As I said in the general debate, I noted there were a number of increases in various classes. So, in principle, what triggered the i ncrease in fees from 3 per c ent all the way up to, in some cases, 18 per cent? And what triggered the r eduction of fees from last year to this year? And that is on page 9. Other than that, Mr. Chairman, I accept the class A fees for the run- off general business, and I think it is re asonable, and so I have no further comments. Thank you, Mr. Chairman.
The ChairmanChairmanAre there any further speakers? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I am wai ting for a real live example for [paragraph 2] (h) and (i). But in the meantime, I will take a stab at answering the most recent question by the Opposition …
Are there any further speakers? There appear to be none. Minister.
Hon. Curtis L. Dickinson: Mr. Chairman, I am wai ting for a real live example for [paragraph 2] (h) and (i). But in the meantime, I will take a stab at answering the most recent question by the Opposition Leader. I have not been in the House that long, I think it has been a little over two years, but I do recall in late 2018 when we introduced the fee sc hedule into legi slation for the BMA for three years. And the changes in fees that are being queried today are the result of that consultation that happened with industry back in 2017/18 around what the three- year fee schedule was going to be. And so, the i ncreases and decreases that are being commented on, they were part of the exhaustive industry consultation that took place in 2018. And what we are doing today is effecting some corrections to inconsistencies that have arisen over that pe-riod of time. So, the changes were first identified in 2018, industry agreed with them, and we passed this legislation and actually agreed to these changes a l-ready, and all we are doing now is housekeeping items.
Hon. N. H. Cole Simons: Thank you very much, Mi nister.
The ChairmanChairmanAny further speakers? Hon. Curtis L. Dickinson: Mr. Chairman, I do not have a real live example, but what I would say, based on the advice given me by the technical officers, is the change that the Opposition Leader referenced with respect to [paragraph 2] (h) and (i) —this change …
Any further speakers?
Hon. Curtis L. Dickinson: Mr. Chairman, I do not have a real live example, but what I would say, based on the advice given me by the technical officers, is the change that the Opposition Leader referenced with respect to [paragraph 2] (h) and (i) —this change is in this legislation because the entire Schedule of the Digital Asset Fees was repealed and it is effectively being replaced by what is now contained herein.
The ChairmanChairmanAre there any further comments, questions to the Minister? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 3 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved. Are there any objections to that? There appear to be none, Minister. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Schedules be approved.
The ChairmanChairmanIt has been moved that the Schedules be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedules 1 and 2 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections t o that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. Bermuda House of Assembly The Bill will be reported to the House as printed. Thank you, Minister. [Motion carried: The Bermuda Monetary Authority Amendment (No. …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none.
Bermuda House of Assembly The Bill will be reported to the House as printed. Thank you, Minister.
[Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 3:35 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2020 being reported to the House as prin ted? There are none. The Bill has been reported as printed. And that moves us on to the next item on the …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2020 being reported to the House as prin ted? There are none. The Bill has been reported as printed. And that moves us on to the next item on the Order Paper today. Again, Minister of Finance, that Order is in your name. It is the Tax Reform Commi ssion Amendment Act 2020. Would you like to present your matter at this time, Minister?
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Tax Reform Commission Amendment Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Continue. BILL SECOND READING TAX REFORM COMMISSION AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Tax Reform Commission Amendment Act 2020 for the consideration of Honourable Mem-bers of this House of Assembly. Honourable Members …
Are there any objections to that? There are none. Continue.
BILL
SECOND READING
TAX REFORM COMMISSION AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Tax Reform Commission Amendment Act 2020 for the consideration of Honourable Mem-bers of this House of Assembly. Honourable Members will recall that in the Government’s 2020 Speech from the Throne it was announced that: “During this S ession, the Government will lay the foundation for the necessary changes to our sy stem of taxation, which . . . ” (fosters) “economic inequality while stifling much -needed economic growth. The inequality laid bare by the Pandemic’s impact cannot be an accepted feature of the new economy; therefore, the Tax Reform Commission will be invited to update its recommendations made in 2018 in light of the new economic realities created by the Pandemic.” Mr. Speaker, Honourable Members will recall that in October 2017 the Government established a Tax Reform Commission by way of the Tax Reform Commission Act 2017. The objective of the Tax R eform Commission was to examine Bermuda’s tax sy stem for the purpose of determining any measures that may be taken to best enhance the system of taxation and revenue collection that is equitable, effective, eff icient, competitive, and transparent, and to prepare and submit its report and recommendations to the Minister of Finance. The Tax Reform Commission’s Report was made available to the Government in O ctober 2018 and included several recommendations. The Government considered all of the recommendations in the Tax Reform Commission Report and i ntroduced some measures in the 2019/20 Budget. Mr. Speaker, as mentioned in the Throne Speech, the Ministry will provide the legislative authority and the revised terms of reference for the Tax R eform Commission to update recommendations made in 2018 to reflect the current economic circumstances and the recent developments in international tax policy on Bermuda’s international competitiveness. In or-der to meet this policy objective, it is proposed to amend section 3 of the Tax Reform Commission Act 2017 to allow the Minister of Finance to appoint a subsequent Tax Reform Commission when the peri od of existence and operation of the prior Commission has expired and it has been dissolved. This will pr ovide that the current provisions of the Act will apply to the subsequent Commission as it applied to the orig inal Commission. Mr. Speaker, as mentioned previously, the objective of the Commission, as included in subsec-tion (3) of the Act, is to advise the Government of any measures that may be taken to best enable an equ itable, effective, efficient, competitive and transparent system of taxation and rev enue collection and to pr epare and submit its report and recommendations to the Minister of Finance. The Act also provides for the following: the composition of the Commission; the functions, operations and procedures of the Commi ssion; the financial and audit provisions, including r eporting requirements of the Commission; protection from liability and preservation of confidentiality for the Commission; and other terms. Mr. Speaker, these provisions of the Act will apply to any new Tax Reform Commission created by this amendment, which empowers the Minister of F i290 11 December 2020 Official Hansard Report
Bermuda House of Assembly nance to appoint another Tax Reform Commission. The Government strongly believes that tax reform must have the widest possible input, and it is our view that we can work with all stakeholders to desi gn a sy stem that enhances Bermuda’s global competitiveness and ensures fairness. Pursuant to when we formed the first Tax Reform Commission, the new Commi ssion will seek to draw participants from international business, local business, trade unions, hoteli ers and academia. Its mission will be to conduct a wholesale review of our system of revenue collection and tax ation and to make recommendations to the Minister of Finance on revenue and tax reform. The Government will closely evaluate and consider all rec ommendations included in any new Tax Reform Commission report. And as per this Gov-ernment’s normal custom and practice, the appropr iate consultation with the various stakeholders will be conducted before any major changes are made to our tax system. Mr. Speaker, as soon as this Bill is passed in the Legislature, the Government will select the me mbers of the Tax Reform Commission early next year and provide the terms of reference. Mr. Speaker, the Commission will then have six months, starting from the date of appointment of the Commission, to complete their work. Mr. Speaker, in closing, as this Government begins its second term in office, the proposed re - establishment of a Tax Reform Commission to examine and provide recommendations to reform our tax syste m represents another step in our efforts to r ebuild Bermuda with Bermudians at heart, as promised in our election platform. With those introductory remarks, Mr. Speaker, I now read for the second time the Bill entitled the Tax Reform Commission Amendment A ct 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution to this matter at this time? Hon. N. H. Cole Simons: Thank you, Mr. Speaker.
The SpeakerThe SpeakerMr. Opposition Leader, you have the floor. Hon. N. H. Cole Simons: Thank you very much. We find this piece of legislation very interes ting in that, number one, we support an equitable, effective, efficient and transparent tax system. We also recognise that the current tax structure that we have …
Mr. Opposition Leader, you have the floor.
Hon. N. H. Cole Simons: Thank you very much. We find this piece of legislation very interes ting in that, number one, we support an equitable, effective, efficient and transparent tax system. We also recognise that the current tax structure that we have is possibly unsustainable, given where we are in 2020 and going into 2021. The structure that we have has served us well in the past, but we have a new day, we have a new paradigm, and we have a new pandemic, which is causing havoc socially, economically and culturally. And as a consequence of this unexpected pandemic, we have to readjust our tax structure accordingly to make sure that we can get through this challenge and, at the end, retain some economic base that we can all use as a platform moving forward. Now, I have . . . I was around when the Tax Reform Commission was enacted in 2018 and I note that they have completed a report and submitted that report in 2019. Some of the recommendations of the report, if you will allow me, Mr. Speaker, they were able to, in essence, increase the revenue base by $147 million between 2018 and 2020. They recommended that this be done by implementing a commercial rental tax, a residential rental tax, a general service tax, a withholding tax on managed services, a withholding tax on dividends and interest. Mr. Speaker, these issues are new to this country and they probably will not be palatable and, hence, I believe, the delay in delivering the recommendations of the previous report. I believe that, you know, increasing taxes during this time is a challenge, but what we need to base our energy around is expanding our economy, addressing immigration, so that we can have new capital coming into Bermuda i nstead of us taxing Bermudians over and over and over again. There are [only] so many lashes that we Bermudians can take when it comes to taxation. But I know, Mr. Speaker, that the path that we have taken historically will not sustain us and will not carry us going forward. So, I believe, yes, we need to look at the current tax structure to make sure that it is equitable, that it is efficient, that it is transparent and that it is fair to the average Bermudian. And so, Mr. Speaker, this has also been espoused with the Fiscal Responsibility Panel Report. In 2019, prior to the pa ndemic, the commissioners of the Fiscal Responsibility Panel felt that the PLP Gover nment lost an opportunity to address some of these issues that were presented by the Tax Reform Co mmission. So, my concern going forward is this: We are going to refresh the Commission, with possibly new members or the same members (I would not know because the Minister has not said, he may say, at some point going forward), but they will go through an exercise. And I just hope that it is not going to be an exercise in futil ity, Mr. Speaker, because we have had the initial Tax Reform Commission do their work, they spoke to all the stakeholders within the community, they spoke to the average man on the street, they spoke to the titans of the class 4 reinsurance companies from top to bottom, and came up with an in- depth report which, I think, is respectable and worth consi deration and examination and to see what is most ap-propriate at that time. Now, I know, Mr. Speaker, that with COVID, it has thrown a wrench into everything. S o, I respect the Minister’s decision to revisit the recommendations of the Tax Reform Commission, given that the pandemic was not on the horizon when the initial plans were initiated.
Bermuda House of Assembly So, Mr. Speaker, with those brief remarks, something needs to be done and I trust that the Mini ster and the Government has the will to make those tough decisions in regards to addressing immigration, so that we can have more capital, so that we can i ncrease our workforce and, thereby, increase our ability to raise revenues for this country. And, as I said, it is fine to be prudent and cut back on annual expend itures, but you can only cut back so much before the people in this country will say enough is enough. So, with those brief remarks, Mr. Speaker, I am questionable in regards to how this is going to pan out and whether the Government will in fact adopt the recommendations that are presented under the new Commission because they have not adopted many of the recommendations of the previous Commission, a Commission that was appointed under their purview. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? There are none. Minister. Hon. Curtis L. Dickinson: Well, thank you, Mr. Speaker . You know I am going to keep this brief because I . . . that is what I should …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? There are none. Minister.
Hon. Curtis L. Dickinson: Well, thank you, Mr. Speaker . You know I am going to keep this brief because I . . . that is what I should do. But I would just say, Mr. Speaker, that I find the use of the word “i nteresting” interesting. Because I can recall having assumed the reigns for the Ministry of Finance on N ovember 1, 2018 and so I was the one, I guess, who . . . I guess the report was published at the end of O ctober and I can recall having said then that although I thought the work was actually good work, I had hoped that the Commission had gone a bit further and looked at kind of revolutionising or revamping our entire sy stem of taxation, including looking at creating som ething brand new. And so, my hope is that with this, this time around, that we will, that I will, provide the Commi ssion with the mandat e to look broadly, much further than they did before, and look at potentially making an assessment as to whether or not our existing tax sy stem serves us well and whether or not we need a new one. I think that works needs to be done and I think timing is e verything. I can recall in November or D ecember of 2018 when I was preparing my first budget and had the benefit of seeing all the recommendations, taking the decision in the pre- budget process to outline some of the proposed taxes that were included in the TRC’s report and then sharing those ideas with the general public, and then evaluating, assessing the responses, and then taking a decision in terms of how we proceeded. We will pull that old report out. We will certai nly use it for some degree of guidance, but ultimately, what I would like for this Commission to do is to be bold in their thinking with a view towards understan ding the threats that we face as a jurisdiction in respect of our tax system. I have spent the better part of the last two years f ighting off international bodies taking a very dim view of a system that we have had in place for many, many, many, many, years, many decades, that has served us well to some degree, but may have, at some point, outlived its usefulness. I am looking forward to the support of the O pposition Leader as we go around doing this work with the Commission. Hopefully he will accept my invitation to nominate someone so that this Commission will be one that is bipartisan, because the issues of taxation are ones that, I think, affect all the country, irrespective of people’s politics. With that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. House in Committee at 3:5 2 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL TAX REFORM COMMISSION AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Tax Reform Commission Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend section 3 of the Tax Reform Commi ssion …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Tax Reform Commission Amendment Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend section 3 of the Tax Reform Commi ssion Act 2017 to empower the Minister of Finance to appoint another Tax Reform Commission. Section 3 of the principal Act established the Tax Reform Commi ssion for a period of six months, extendable by order, to advise the Government of any measures that may be taken t o best enable an equitable, effective, eff icient, competitive and transparent system of taxation and revenue collection. The Commission reported in October 2018 and its period of existence expired at that time. Mr. Chairman, I move clauses 1 and 2.
The C hairman: Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 amends section 3 of the principal Act. Subsection (1) inserts new subsections (6) and (7) which empower the Minister of Finance to appoint 292 11 December 2020 Official Hansard Report
Bermuda House of Assembly a Tax Reform Commission from time to time, by order subject to the negative resolution procedure, and pr ovides that the Act will apply as it applied to the Commission originally established by the principal Act. Subsection (2) makes consequential amendments. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers? Hon. N. H. Cole Simons: Yes, Mr. Chairman.
The ChairmanChairmanHonourable Opposition Leader, Mr. Simons, continue. Hon. N. H. Cole Simons: Mr. Chairman, given where we stand right now with the COVID, does the Minister think that the six -month period that was imbedded in the initial legislation to get the job done, will that six - month period still …
Honourable Opposition Leader, Mr. Simons, continue. Hon. N. H. Cole Simons: Mr. Chairman, given where we stand right now with the COVID, does the Minister think that the six -month period that was imbedded in the initial legislation to get the job done, will that six - month period still apply or is he going to extend the period through which the new Commission will have its m andate delivered? Is it going to be six months again or are we going to increase it to, maybe, a year, given our current circumstances and the challenges that we have communicating and getting around the community?
The ChairmanChairmanAre there any further speakers? Minister. Hon. Curtis L. Dickinson: Mr. Chairman, what I would say is that the existing legislation provides for a six-month term, but there is the option for the Minister to extend the term if it is deemed necessary. So, we will start with six mon …
Are there any further speakers? Minister.
Hon. Curtis L. Dickinson: Mr. Chairman, what I would say is that the existing legislation provides for a six-month term, but there is the option for the Minister to extend the term if it is deemed necessary. So, we will start with six mon ths and inasmuch as we need additional time, I will give the consideration to the Commission.
Hon. N. H. Cole Simons: Thank you, Minister.
The ChairmanChairmanNo further speakers? Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 and 2 be approved.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 and 2 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the pre amble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as prin ted. [Motion carried: The Tax Reform Commission Amendment Act 202 0 was considered by …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as prin ted. [Motion carried: The Tax Reform Commission Amendment Act 202 0 was considered by a Commi ttee of the whole House and passed without amend-ment.]
The ChairmanChairmanMr. Speaker. House resumed at 3:56 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE TAX REFORM COMMISSION AMENDMENT ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, the Bill entitled the Tax Reform Commission Amendment Act 2020 is being reported to the House as printed. Are there any objections? There are no objections. The Bill has been reported as printed and received. That now moves us on to the next item on the …
Thank you, Deputy. Members, the Bill entitled the Tax Reform Commission Amendment Act 2020 is being reported to the House as printed. Are there any objections? There are no objections. The Bill has been reported as printed and received. That now moves us on to the next item on the Order Paper today, which is the second reading of the Marine and Ports Services Act 2020 in the name of the Minister of Transport. Minister, would you like to present your matter at this time?
Hon. W. Lawrence Sco tt: Yes, Mr. Speaker. Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerMinister of Transport, I am going to ask you to yield a minute because I have had an indication from the Premier. And Premier, I assume that if you are trying to get my attention that y ou would like to now address your Statement in regard to serious matters …
Minister of Transport, I am going to ask you to yield a minute because I have had an indication from the Premier. And Premier, I assume that if you are trying to get my attention that y ou would like to now address your Statement in regard to serious matters right now facing the country. If that is so—
Hon. E. David Burt: Yes.
The SpeakerThe SpeakerMembers, I had indicated earlier today at the end of our Statement period and Question Per iBermuda House of Assembly od that there was a possibility there would be a fort hcoming Statement. This is that Statement, and I had indicated then that we had roughly 10 minutes left in …
Members, I had indicated earlier today at the end of our Statement period and Question Per iBermuda House of Assembly od that there was a possibility there would be a fort hcoming Statement. This is that Statement, and I had indicated then that we had roughly 10 minutes left in the Question Period. I am going to round that off to 15 minutes, if people would like to ask questions to the Premier after he gives his Statement. So, Mr. Premier, you have the floor to present your Statement at this time and Members have a 15-minute window afterwards if they would like to put questions to you.
Hon. E. David Burt: Thank you, Mr. Speaker.
The SpeakerThe SpeakerIs that agreeable by all? Thank you. Premier, you can start by just requesting the Members to yield to your request for suspension of the rule, Standing Order 14, and we can proceed from there. SUSPENSION OF STANDING ORDER 14 Hon. E. Dav id Burt: Thank you, Mr. Speaker. Mr. …
Is that agreeable by all? Thank you. Premier, you can start by just requesting the Members to yield to your request for suspension of the rule, Standing Order 14, and we can proceed from there.
SUSPENSION OF STANDING ORDER 14
Hon. E. Dav id Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 14 be suspended to allow me to make a statement on a matter of urgent importance to this Honourable House.
The SpeakerThe SpeakerNo objections? Hon. N. H. Cole Simons: No objections, Mr. Speaker. [Motion carried: Standing Order 14 suspended.]
The SpeakerThe SpeakerContinue, Premier. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS [Resumption thereof ] COVID -19—THE NEED FOR FURTHER ACTION Hon. E. David Burt: Thank you, Mr. Speaker. I just want to m ake sure that the Statement has been uploaded as I did not have an opportunity to share directly with the …
The SpeakerThe SpeakerOkay. Mr. Lamb was in the process of trying to put it on our site as soon as you were in the process of delivering i t now. I will just confirm ––it is done. Mr. Lamb has just confirmed that it is on- site. Members, if you go to …
Okay. Mr. Lamb was in the process of trying to put it on our site as soon as you were in the process of delivering i t now. I will just confirm ––it is done. Mr. Lamb has just confirmed that it is on- site. Members, if you go to the SharePoint on our site on the page, you will be able to pull up the Statement and follow as the Premier reads his Statement.
Hon. E. David B urt: All right. Thank you, very much, Mr. Speaker. Mr. Speaker, let me firstly thank you and this Honourable House for the opportunity to make this important statement at this stage in today’s procee dings. It was nine months ago today that the World Healt h Organization declared a global pandemic and since that time we have witnessed a number of countries near and far wage war on the invisible but i mpactful virus that causes the disease we know all too well—COVID -19. Mr. Speaker, recognising the growing sense of helplessness among some populations and the challenging manner in which those nations which pride themselves as “first world countries” set out to combat the virus, Bermuda acted early and decisively. Our immediate actions and compliance with public health advice allowed us to save lives and salvage some economic activity. In the months following the March 11 th declaration, Bermuda implemented a phased approach to a new normal which has seen our airport reopen, all trade and businesses resumed and schools providing in-person instruction. On the basis of what we as a community achieved we successfully created a programme to attract others to our shores to work while their own countries came to grips with the pandemic. Mr. Speaker, regrettably, and as has been the case in other countries, things have changed. Our country’s status has been elevated from sporadic cases to clusters of cases and today there are seven confirmed clusters which are at the heart of this outbreak. Mr. Speaker, though we have many cases and several clusters, it is due to the excellent work by our health team in contacting and isolating, testing and following up with confirmed cases, that we have to date not moved to the WHO definition of “community transmission.” Mr. Speaker, it is against this backdrop that we take the actions I announce today. I am determined, as is the Honourable Minister of Health and the entire Government, that we do all that we can to prevent the declaration of community transmission in Bermuda. Mr. Speaker, this means that it is essential that we must now reinstate some of the restrictions that contained the initial outbreak earlier in this pa ndemic period. Mr. Speaker, I can inform this Honourable House and the public that in a meeting held last night, the Cabinet has approved the following measures which will take effect from 6:00 am on Saturday, the 12 th of December: • A curfew will be in effect from 11:00 pm until 6:00 am daily. • All businesses will be required to close at 10:00 pm. 294 11 December 2020 Official Hansard Report
Bermuda House of Assembly • The maximum permitted number of people in any group will be reduced further to 10. • Gyms will be required to operate at reduced capacity. • Those personal services like barbers, hai rdressers, massage therapists and spa techn icians will not be permitted to provide those services which re quire a mask to be removed. Mr. Speaker, these restrictions are not i mposed lightly or wantonly. They are guided by public health advice and based on the trends identified in both the average age of the confirmed positive cases and by the results of the co ntact tracing. The numbers do not lie and the story they are telling cannot be i gnored. This outbreak is being driven by residents, more specifically young residents. More than half of the new infections reported over the last six days are residents under the age of 30. Mr. Speaker, I think it is important to set out clearly why these actions are being taken now as op-posed to after we determine the impact of those changes made earlier this week. Mr. Speaker, in the past six days we have r eported 86 new conf irmed cases. It is the view of the Ministry of Health that the numbers will get worse be-fore they get better. It is therefore essential that we implement further action now to avoid possible hars her action later. These additional actions, layered upon the a ctions that were announced earlier, will serve as a fur-ther insurance policy. If the actions that were taken earlier this week prove to be effective in halting this outbreak, that would be welcome, however, if they are not, then it makes more sense to lay er further actions on top now versus waiting until December 22 nd to judge their effectiveness. As I stated on Sunday, Mr. Speaker, we will review where we are as a country and where we stand on December 22nd, to judge what our next steps will be. I am cons cious of the economic impact this will have and I am sensitive to the festive season in which this is taking place and I know that people are tired and worn from the change that 2020 has brought to our lives. I certainly am, Mr. Speaker. Mr. Speaker, make no mistake, the threat is real. Thankfully, hospitalisations remain low but these numbers of positive cases make that an ever - decreasing likelihood of continuing unchanged. Pe ople of a certain age will know the expression: “Joyful nights bring sorrowful da ys.” Mr. Speaker, we must avoid a scenario where the actions of some lead to the death of others. Just as our actions in the spring saved lives, preserved health, safeguarded our most vulnerable, and gave us the foundation on which to found an economic rec overy, so these preventative measures will do the same in December. Mr. Speaker, the adoption of these actions will form part of a revised set of public health regulations which will provide for the necessary exemptions from their provisions which previous ly applied. That pr ocess will be revived and the Ministry of National Sec urity will again be prepared to affect the permissions required for those whose movement within the hours of curfew must be sanctioned. And Mr. Speaker, the application will be on the government website at www.gov.bm . Additionally, Mr. Speaker, Members are advised that stronger public health guidance will be i ssued to encourage less community activity and urge residents not to mix households for at least the next 14 days. Mr Speaker, many businesses have mai ntained or have returned to remote working. I am advi sing both public and private sectors that the strong public health advice is: If you can work remotely, you should do so. The Head of the Publi c Service has a lready determined how this will impact the front facing operations of government and public sector emplo yees will be advised by Permanent Secretaries and Heads of Departments. Mr. Speaker, with the growing numbers of people who are either testing positive or are identified as close contacts of those who have, there is a need to ensure that clusters are contained and do not extend. I am therefore grateful to the management of the Coco Reef hotel who have agreed to offer a specially negotiated rate of $79 per night for those who are unable to quarantine effectively at home. Mr. Speaker, the skilled and committed men and women of the Ministry of Health are operating at full bore in the testing, tracing and monitoring work this pandemic has caused. The scale of this outbreak is testing their systems and taxing their stamina. They are meeting the challenge daily, but it is difficult —and they are becoming stretched. Our Government Lab received over 1,800 samples yesterday for testing, smashing any pr eviously recorded daily record. Add itional help has been called in and additional resources are being brought to bear. Why do I raise this, Mr. Speaker? I raise it because, the moment the health system breaks and the people within it cannot maintain the pace at which they must operate to contain outbreaks such as this we run the risk of entering the realm of community transmission and at that point we cannot say what Bermuda will encounter. One thing is for certain, it will certainly jeopardise our hard- earned progress to date, and we must all work together to ensure that this does not happen. This means that we all have to play our part. 1. First, Mr. Speaker, I encourage residents do not be your own doctor. Follow public health advice. If you haven’t been exposed, please don’t take up valuable testing slots for those who may have been exposed.
Bermuda House of Assembly 2. Do not book multiple tests on multiple days. Mr. Speaker, the booking system is being modified to prevent this, but one of the cha llenges is that persons were booking multiple tests on multiple different days, taking away the limited testing slots. 3. The third thing, Mr. Speaker, is to be patient. In Bermuda we are spoiled because we are used to receiving our results in sometimes as little as 6 hours. The results will take a little bit longer than normal, so I ask residents to be patient. Mr. Speaker, now is not the time to panic. Now is not the time for Bermudians to start fending for themselves. Now is not the time for us to turn on each other. Now is the time to remember that we are really in this together —and it is essential that we embrace that community spirit that is so important to our I sland’s progress to date. Mr. Speaker, as the Honourable Minister of Health said earlier today, vaccines are on the way. We have technology launched today in the form of the WeHealth Bermuda app so that people who are exposed can receive anonymous exposure notifications. We have the tools at our disposal and we have an amazing team of committed health care workers who will continue this fight. Mr. Speaker, though some may wish, now is not the time for pointing fingers, as there will be plenty of time for examination over what happened with this outbreak and how exactly did we get to this point. Lessons have been learned and we have i ncreased the protections at our border, to bolster the protections provided to our country. The Ministry of Health has revised the activities allowed for travellers, and all persons who arrive in Bermuda will be subject to those restrictions. Additionally, wit h the new agreement announced yesterday with US retail giant Costco to get a pre- test, there is no longer an excuse for residents to not obtain a valid pre- test prior to boarding. Therefore, the fee for a resident to return without a pre- test will be incre ased from $30 to $300. This increase will discourage residents from boarding flights without a valid pre- test, and will help to fund the enhanced monitoring of those persons arriving without a pre- test. Mr. Speaker, while we enhance our protections we must also support those who will be negatively impacted by the actions the Government has taken. At 5:00 pm today persons who have not been able to work due to closure notices that were issued effective on Tuesday, or who have been served with a quarantine not ice and cannot work remotely, can a pply to receive benefits. The Minister of Finance has stated that any completed application received by 5:00 pm on Monday will be paid by next week Wednesday, December 16 th. Verified full- time e mployees of bars and nightc lubs who were closed will be eligible to receive $1,000 representing two weeks of the unemployment benefit. The application will be live at 5:00 pm today, and will be able to be accessed at https://uba.gov.bm. The information required to apply will be as follows: • full name; • social insurance number; • mailing address; • contact details; • bank statement (without balances) to ensure payment to the correct bank account; and • employer name and contact information. Mr. Speaker, I know that this is not the news this Go vernment wanted to deliver, or that the people we serve in this Honourable House want to hear. However, Mr. Speaker, I firmly believe that these are the correct steps to take. Mr. Speaker, I would like to acknowledge the support of the Leader of the Opposi tion; not only in the statement of support he graciously issued earlier this week, but also for his confirmation of support of these new measures when we spoke by phone earlier today. Mr. Speaker, before I close, I want to pay special homage to the men and women of our health and pandemic response teams: the people manning the phones, the people collecting test samples, the people processing coronavirus tests, the people communicating to residents, tracing down contacts, assessing businesses, designing guid ance, drafting laws, handling arriving passengers, enforcing quarantine, and responding to the media. Mr. Speaker these men and women are our army in this war, and it is our country’s responsibility to support their fight. Mr. Speaker, I commend these meas ures for the support of the whole House and would ask that Honourable Members join me in this all -out effort to keep Bermuda safe. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Mr. Premier, before you started your Stat ement, I had indicate d that some time had been left in the question- and-answer period this morning and I was going to extend it. Having heard your Statement, I will stick to that by . . . I …
Thank you, Mr. Premier. Mr. Premier, before you started your Stat ement, I had indicate d that some time had been left in the question- and-answer period this morning and I was going to extend it. Having heard your Statement, I will stick to that by . . . I really think it is all in the best interests of everyone and I trust everyone would be understanding of it, but Members you are able to ask questions now if you so wish to.
Hon. N. H. Cole Simons: Mr. Speaker, how long will this question period last?
The SpeakerThe SpeakerWe had 10 minutes, just over 10 minutes or so left on the clock before, and I had said I was going to round it to 15 minutes. The clock is on now. Would anyone like to put questions? 296 11 December 2020 Official Hansard Report Bermuda House of Assembly …
We had 10 minutes, just over 10 minutes or so left on the clock before, and I had said I was going to round it to 15 minutes. The clock is on now. Would anyone like to put questions?
296 11 December 2020 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: Yes, Mr. Speaker, if the Opposition Leader does not have a question to start off, I will put a question.
The SpeakerThe SpeakerPut your question. QUESTION PERIOD [Resumption thereof ] QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION Hon. Michael H. Dunkley: Thank you, Mr. Speaker and I thank the Honourable Premier for his Statement delivered today. Question for the Honourable Prem ier. On page 2, I believe, the Premier says …
Put your question.
QUESTION PERIOD
[Resumption thereof ]
QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION
Hon. Michael H. Dunkley: Thank you, Mr. Speaker and I thank the Honourable Premier for his Statement delivered today. Question for the Honourable Prem ier. On page 2, I believe, the Premier says “this outbreak is being driven by residents, more specifically, young residents.” And in the past, the Premier has called for zero tolerance and they have said that failure to a dhere to public health guidelines has caused the i ncrease in the number of cases. Honourable Premier, what is being done to the people who are not following these guidelines, as far as enforcements that are taking place in our com-munity? Because, obviously, it is up to us and we have falle n short on what we have been expected to do.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I know that in conjunction b etween the Ministry of Health and the Ministry of N ational Security there have been a number of closure notices which have been issued. I know that there were closure notices issued last …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I know that in conjunction b etween the Ministry of Health and the Ministry of N ational Security there have been a number of closure notices which have been issued. I know that there were closure notices issued last weekend to bus inesses that were not complying with public health rules. But, Mr. Speaker, I will say, as I have expressed in statements made earlier, I am disappointed that the zero-tolerance approach that the Government had wished had not been adopted as soon as we wished it would have been. That much being said, Mr. Speaker, I am not trying to point fingers or to cast blame anywhere. So I appreciate the Honourable Member’s question, and the view from the Government’s perspective is the matter of enforcement lies with the police. We have made our matters clear there. The matters of enforcement fall to us insofar as closure notices being issued to persons who are not obeyi ng public health guidance, [and] the Government and the Minister of Health have issued those notices.
Hon. Michael H. Dunkley: I thank you, Premier.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Yes, just one supplementary, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Michael H. Dunkley: Honourable Premier on page 4, I believe now, the second paragraph, you mentioned we run the risk of entering the realm of community transmission and, at that point, we cannot say what Bermuda will encounter. So, we have gone from two clusters to seven …
Yes.
SUPPLEMENTARY
Hon. Michael H. Dunkley: Honourable Premier on page 4, I believe now, the second paragraph, you mentioned we run the risk of entering the realm of community transmission and, at that point, we cannot say what Bermuda will encounter. So, we have gone from two clusters to seven clusters in a quick period of time. How can we be assured, Premier, that we are not at the community transmission point at this time?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, we can be assured that we are not at that point at this time because of the various metrics that are done by the WHO definitions. Community transmission is where the health system loses the ability to detect, track, trace and is olate …
Premier.
Hon. E. David Burt: Mr. Speaker, we can be assured that we are not at that point at this time because of the various metrics that are done by the WHO definitions. Community transmission is where the health system loses the ability to detect, track, trace and is olate cases. One of the specific metrics is t he ability of the health system to contact 100 per cent of cases within 24 hours . . . sorry, their metric is 80 per cent. We are able to contact 100 per cent of cases during that time. So, we are keeping up with the metrics which have been laid out. The t ruth is, however, that it is becoming stretched. And so, from that aspect and avenue, we do run the risk of moving there. Our teams are confident that they will be able to constrain this. As I said, we have tremendous tes ting capacity in the country in order to make sure that we can keep up with this, but the fact is that we do have some worrying signs and trends where we have some clusters which are very, very large and those will lead to ongoing transmission. Once they are linked to clusters, once they can be identified, once they can be quarantined, we do not have the issue of community transmission. But if we have multiple unlinked cases that will continue, where the health sy stem loses the capacity to track and isolate, then we will move to that level. So, we have been assured that we are not at that level yet. But if the trend continues and we are not able to reverse it, persons’ behaviour does not modify and there are continued statements of ongoing transmission with very large clusters, we could get to the point where our teams are not able to keep up.
Hon. Michael H. Dunkley: Thank you, Premier. I will turn it over to colleagues.
The SpeakerThe SpeakerThank you. Does any other Member have a question that they would like to put to the Premier at this time?
Ms. Susan E. JacksonMr. Speaker, I do. Bermuda House of Assembly The Speaker: Honourable Member Jackson. QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION
Ms. Susan E. JacksonYes, thank you, Mr. Speaker. May I ask the Honourable Premier, given the age group of this particul ar spread, are we finding that there are more asymptomatic cases?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you very much. I would not have the specific data at my fingertips for the number of cases that are asymptomatic or not. And so, I am sorry, I would not be able provide that answer to the Honourable Member. But I will undertake …
Premier.
Hon. E. David Burt: Thank you very much. I would not have the specific data at my fingertips for the number of cases that are asymptomatic or not. And so, I am sorry, I would not be able provide that answer to the Honourable Member. But I will undertake to have the Honourable Minister of Health possibly reach out to provide that answer. And I know that they are looking to try to organise a briefing with Members of the Opposition, if that did not take place yesterday.
The SpeakerThe SpeakerThank you. Do you have a supplementary or a further question? None. Does any other Member wish to put a question to the Premier?
The SpeakerThe SpeakerMP Richardson, put your question. QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION
Mr. Jarion RichardsonYes, Mr. Speaker, my question is in relation to schools that are open and churc hes. Do they fall under the requirement of the group size of 10? And also, what about businesses, do they need to reduce their sizes of permitted shoppers, et cetera? Thank you. Hon. E. David …
Yes, Mr. Speaker, my question is in relation to schools that are open and churc hes. Do they fall under the requirement of the group size of 10? And also, what about businesses, do they need to reduce their sizes of permitted shoppers, et cetera? Thank you.
Hon. E. David Burt: I thank the Honourable Member for his question. The group of 10 applies to groups in public and meeting. Establis hed businesses are not subject to those regulations. Additionally, the regulations do contain exemptions for schools, public transport, and other matters where we are confident that they are in controlled environments where social distancing is being enfor ced and mask wearing is being enforced. The restriction on the size of groups is places where they are unregulated environments. So, the churches are still at 20 per cent of capacity, the gyms will move to 20 per cent capacity, but the rule of 10 is for groups and gatherings that are at unsanctioned locations. So, I thank the Member for his question and the ability to clarify.
The SpeakerThe SpeakerThank you. Member, supplementary? No supplementary?
Mr. Scott PearmanThank you, Mr. Speaker. Honourable Premier, you mentioned that the rule of 10, as it were, is for public gatherings. So, would it not also apply to private gatherings? Or can more than 10 gather in a private home? Hon. E. David Burt: I must thank you for that. Public …
Thank you, Mr. Speaker. Honourable Premier, you mentioned that the rule of 10, as it were, is for public gatherings. So, would it not also apply to private gatherings? Or can more than 10 gather in a private home?
Hon. E. David Burt: I must thank you for that. Public and private —the rule of 10— yes. But I guess I was talking about in unsanctioned places. So, for instance , we are not saying that there are only 10 people a llowed in a shop at a time; but that is so that the rule of 10 does not apply there. But for gatherings . . . gatherings should not be larger than 10. So, you know, 15 people should not go on the football field and play football. Now is litera lly the time to keep our interactions low, remain inside of our family units, postpone the Christmas parties — Christmas in January, those types of things. We must, at this point in time, make sure that we are being ver y careful to minimise any possible ongoing transmission of this virus at this time.
Mr. Scot t PearmanPremier, thank you. Just to be clear, if there is to be a private Christmas gathering of family members and friends, it is to be 10 people or fewer, is that correct? Hon. E. David Burt: That would be how I would interpret the laws as they will be published …
Premier, thank you. Just to be clear, if there is to be a private Christmas gathering of family members and friends, it is to be 10 people or fewer, is that correct?
Hon. E. David Burt: That would be how I would interpret the laws as they will be published by the Attorney General’s Chambers. We are asking that groups be no larger than 10 at this time.
The SpeakerThe SpeakerThank you. 298 11 December 2020 Official Hansard Report Bermuda House of Assembly Mr. Scott Pearman: Thank you, Mr. Speaker.
The SpeakerThe SpeakerDoes any other Honourable Member have a question for the Premier?
The SpeakerThe SpeakerMP Cannonier. QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION
Mr. L. Craig CannonierYes, thank you very much. Premier, thank you for your time. A question: If you go online to book an appoint ment, it says that you are not going to be able to get that until after D ecember 22nd or thereabouts. Considering the exponential number of concerns and testing …
Yes, thank you very much. Premier, thank you for your time. A question: If you go online to book an appoint ment, it says that you are not going to be able to get that until after D ecember 22nd or thereabouts. Considering the exponential number of concerns and testing that is going on, it would appear as if we are at the point of overwhelming the [system]. What exactly are we doing to help alleviate that? The reason I am asking is, if you cannot get an appointment, get a test by Decem-ber 22 nd, and you actually do have COVID, therein lies a major, major problem or threat.
Hon. E. David Burt: I thank the Honourabl e Member for his question. I will answer the question this way: It was along the lines which I made in my statement i nsofar as persons and individuals should not try to be their own doctor. If there is someone who has been in close contact with a case, if there is someone who has been contacted by a contact tracer, if there is someone who is symptomatic, or someone who has been referred by their doctor, there are multiple different avenues for testing that take place. So, the public testing that is able to be booked online is for public testing. But the fact is that there is a lot more testing that is happening than this. For instance, where there are these cases and close contacts, et cetera, they are not being told to wait until the 24 th or when is the next time to be booked. They are being accommodated in multiple different locations. These are the open slots, but the reminder and the plea which I am giving to persons, and I know that the teams from health are going and contacting persons and leaving appo intments, is we are finding people that are booking multiple appointments, so they just booked appointments every two days. That is not the purpose of this testing. And so, I am asking persons to make sure that they are being kind. I am asking persons to m ake sure that they being consi derate, and recognise that if you are not at risk of ex-posure, if for the last 14 days you have kept yourself at home, you have not done anything crazy, you have not been out to a place where people were gathered without weari ng masks and other things like that [where] the risk of transmission [was] large, [you don’t need to test]. I want persons to go ahead and make sure that testing capacity is used for those persons who actually need it. There is additional testing capacity which has not gone on line. There is additional testing capacity that is being brought on line. And, as I indicated, we had over 1,800 samples arrive at the government lab yesterday. That, by far, smashes any record —almost twice as much as the highest number that we have ever received before. So, we certainly are doing the testing. Private labs are being recruited to assist with making sure we process samples as well. And I want to also thank the doctors who have pitched in to make sure that we can continue getting samples tested. So, we are working through those processes certainly, MP Cannonier, and I thank you for your question.
The SpeakerThe SpeakerThank you. Is there a supplementary or are you good?
The SpeakerThe SpeakerSupplementary. SUPPLEMENTARY
Mr. L. Craig CannonierIs the Premier in a position to say what he believes to be that number on a daily basis to be tested that would be over the limit of being able to handle? Hon. E. David Burt: Well, let us put it this w ay, on Tuesday . . . …
Is the Premier in a position to say what he believes to be that number on a daily basis to be tested that would be over the limit of being able to handle? Hon. E. David Burt: Well, let us put it this w ay, on Tuesday . . . or Sunday night when the Minister of Health, the CMO and myself addressed the country, we set the testing target at 1,000 per day.
Mr. L. Craig CannonierOkay. Hon. E. David Burt: And, again, we received 1,800. So, we are far in exc eeding the targets. And it is good. That is a good response to be able to get that and we will have the volume and we will work through the vo lume and we …
Okay. Hon. E. David Burt: And, again, we received 1,800. So, we are far in exc eeding the targets. And it is good. That is a good response to be able to get that and we will have the volume and we will work through the vo lume and we will use the private labs and we will get through that volume. It may not be the six hours that people are used to, it might be 36 hours, it might be a little bit longer, but they are working through that volume. Additional resources are being brought in to make sure to supplement the team that is up there, as I said, private labs are being used. So, our t arget was 1,000 a day, we are far exceeding that target. And so I want persons to recognise and understand, just because they are not seeing appointments that are available does not mean that people are not being tested. A full 3 per cent of the country was tested yesterday —far in excess of any national testing number in any country that you would have found throughout the entirety of this pandemic.
Bermuda House of Assembly The Speaker: Thank you. No further questions? Any other Member?
The SpeakerThe SpeakerMP Pearman. QUESTION 1: COVID -19— THE NEED FOR FURTHER ACTION
Mr. Scott PearmanPremier, you have stated that people must operate to contain the outbreak such as this. Could you assist us with what sort of cleaning is going on in respect of public transportation, buses and ferries and the like? And what is being done to mai ntain contact tracing on those …
Premier, you have stated that people must operate to contain the outbreak such as this. Could you assist us with what sort of cleaning is going on in respect of public transportation, buses and ferries and the like? And what is being done to mai ntain contact tracing on those using public transport ation? Thank you.
Hon. E. David Burt: Thank you very much. I would not be able to answer that question specifically. I know that the Minister of Transport may be able to answer the cleaning regime specifically. I do know that they have a cleaning regime which has been a pproved by the Ministry of Health, certainly, in that case and instance.
The SpeakerThe SpeakerThank you. Supplementary? Hon. E. David Burt: But can I assist with one thing, MP Pearman? Though contact tracing may be difficult on public trans portation, because I am uncertain if there are sign- in sheets for persons who arrive. What I can say is that contact tracing would be …
Thank you. Supplementary?
Hon. E. David Burt: But can I assist with one thing, MP Pearman? Though contact tracing may be difficult on public trans portation, because I am uncertain if there are sign- in sheets for persons who arrive. What I can say is that contact tracing would be very easy on public transportation if everyone installs the WeHealth app on their phones. And that would be able . . . whether they are in Wi -Fi or not in Wi -Fi, as long as they have Bluetooth, if they have data. If they do not have data, as long as they have their Bluetooth turned on and connect to data at some point in time at a Wi -Fi location, they will be able to continue to monitor that exposure. So, that will certainly help in this instance.
The SpeakerThe SpeakerYes, supplementary. SUPPLEMENTARY
Mr. Scott PearmanPremier, just in terms of contact tracing, can you gi ve us where the current numbers are today in terms of current cases? Hon. E. David Burt: The Minister of Health will be announcing that at our press conference at 5:45 pm. I do not have the numbers from the …
The SpeakerThe SpeakerAny further questions? No further questions. We are right on 46 seconds left on the 15 minutes, so, thank you, Members. Premier, thank you for updating us and we understand the severity of it and I trust the message that will come out of these Chambers, thr ough all who …
Any further questions? No further questions. We are right on 46 seconds left on the 15 minutes, so, thank you, Members. Premier, thank you for updating us and we understand the severity of it and I trust the message that will come out of these Chambers, thr ough all who are listening, that it is up to us if we are going to make our Island safe again. We have to all do our part to practice and take advantage of the precautions that we all should be taking. With that said, we now move back to the O rder, which was Order No. 7, the second reading of the Marine and Ports Services Act 2020 in the name of the Minister of Transport. Minister, would you like to present your matter at this time?
Hon. W. Lawrence Scott: Yes, Mr. Speaker. I move that the Bill entitled the Marine and Ports Services Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Minister, continue. BILL SECOND READING MARINE AND PORTS SERVICES ACT 2020 Hon. W. Lawrence Scott: Mr. Speaker, the B ill for consideration is the Marine and Ports Services Act 2020. The Bill makes amendments to the current M arine Board Act 1962, …
Are there any objections to that? No objections. Minister, continue.
BILL
SECOND READING
MARINE AND PORTS SERVICES ACT 2020 Hon. W. Lawrence Scott: Mr. Speaker, the B ill for consideration is the Marine and Ports Services Act 2020. The Bill makes amendments to the current M arine Board Act 1962, which is 58 years old and r equired extensive modernisation to address gaps in our local maritime legislation and to ensure Berm uda is aligned with the International Maritime Organization’s (otherwise known as IMO) conventions and protocols. Mr. Speaker, the International Maritime O rganization’s primary purpose is to develop and mai ntain a comprehensive regulatory framework for shi pping. Its remit includes: safety, environmental concerns, legal matters, technical cooperation, maritime security, and the efficiency of shipping. The IMO uses five main instruments, or tools, in exercising its functions, conventions, protocols, recommendations, res olutions, codes and guidelines. Contracting parties to the IMO instruments are expected to implement the 300 11 December 2020 Official Hansard Report
Bermuda House of Assembly agreed intentions of the IMO domestically by enacting laws and regulations and implementing procedures as necessary to meet required standards. Ratification by the signatory states ensures that the uniform regulat ory framework obtains globally. The United Kingdom is the signatory and contracting party to the IMO instruments for itself, its Overseas Territories and Crown Dependencies and in that way Bermuda is also responsible for meeting the obligations and responsibilities of the IMO instr uments. Mr. Speaker, by resolution on 4 December 2013, the IMO adopted the III Code made by IMO Resolution A.1078(28) which provides a global stan dard to enable states to meet their obligations. Its o bjective is to create uniform standards intended to enhance maritime safety and protect the marine env ironment and develop measures necessary for giving full and complete effect to the relevant IMO instr uments. At the same time, the IMO adopted the fram ework and procedures for the IMO Member State Audit Schemes (or IMSAS). This represents a change from a voluntary to a mandatory audit scheme and uses the III Code as its basis. Audits for all states will take place every seven years. The first mandatory audit for the UK and her Overseas Territories and Crown Dependencies will take place in February 2021. Upon completion of the III Code audits of all member states, the IMO will publish the results of each member st ate for wider consu ltation. The UK Government as their signatory is r esponsible for implementing the III Code requirements across the British territories and coordinating the I MSAS audit process for their Red Ensign Group (otherwise known as the REG) shipping administrations. Bermuda is a part of the REG as a Category 1 shi pping registry. Mr. Speaker, to properly implement and enforce Bermuda’s rights, obligations, and responsibil ities with respect to the relevant IMO instruments, our legislation, regulati ons, policies and procedures must be reviewed, debts identified, responsibilities clarified and remedies put in place. Mr. Speaker, in order to raise awareness of the importance of the III Code to the Bermuda mar itime industry, meetings with all relevant stakeholders have been held over the past years under the sponsorship of the Bermuda Shipping and Maritime A uthority (BSMA). The purpose of the meeting was to discuss establishing a forum for developing the necessary measures to address IMSAS audit requir ements as an all -inclusive national initiative. Mr. Speaker, the Government of Bermuda is the primary state party and/or entity responsible for the implementation of IMO instruments in Bermuda. It has the rights, obligations and responsibilities of a quasi -signatory to the IMO instruments. The Gover nment is responsible for enacting the required legisl ation for giving effect to those IMO instruments and International Maritime Conventions which have been extended to Bermuda, provisioning the administrative and infrastructure requirements, including qualified and trained technical staff necessary for the impl ementation and enforcement of the IMO instruments. Mr. Speaker, the preparation for the audit has been years in the making. In August 2017 the UK Maritime and Coast Guard Agency (MCA) visited Bermuda to assess Bermuda’s readiness for the pend ing IMO audit, which produced a detailed gap analysis report in January 2018 highlighting all exposed areas to be addressed. This was followed by a mock III Code audit in December 2019 by the MCA to review the changes made after its 2017 visit. The mock III Code audit covered Bermuda’s flag, port and coastal state obligations to ensure alignment with i nternational best practices and closely scrutinised Bermuda’s marine l egislation for any gaps. Mr. Speaker, taking everything into account, Bermuda performed well during the mock audit, a testament to Bermuda’s great efforts to require that international standards have been met by local boats and Bermuda- registered ships ov er the years. The audit, however, uncovered some shortcomings requiring attention in relation to our maritime legislation not showing clear responsibility of certain functions rela ting to our flag, port and coastal state responsibilities. Matters such as oil pollution control, search and res-cue operations, storage of dangerous goods, port waste, and approved standard of training, certification and watch keeping requirements were targeted for legislative improvements. Mr. Speaker, with Bermuda being such a small jurisdiction, some of our marine- related functions are shared between more than one Ministry and our legislation was unable to clearly show which mi nistry was solely responsible for that function. Some of the responsibilities will need to be addressed by way of Memorandums of Understanding (MOUs) between ministries and quangos in order to satisfy requir ements of the upcoming audit by the IMO. Mr. Speaker, as a reputable marine maritime nation having a prestigious shipping registry and being a world- class tourist destination, it is imperative that Bermuda succeeds in the upcoming IMSAS audit with the highest grades in order to maintain its global position. Failure to pass the audit will be detrimental to Bermuda’s ability to provide port services which meet international standards and will hamper Bermuda’s shipping registry programmes. However, the legisl ative amendments in this Bill will go a long way to ma king sure that this is not the case. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
Mr. Scott PearmanYes, Mr. Speaker. MP Pearman. Bermuda House of Assembly The Speaker: MP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. Every now and again we come to a massive piece of legislation on our books and take a stab at improving it. In this case, it is the Marine Board Act 1962 , which runs some . . . over 100 pages or over 60 pages …
Thank you, Mr. Speaker. Every now and again we come to a massive piece of legislation on our books and take a stab at improving it. In this case, it is the Marine Board Act 1962 , which runs some . . . over 100 pages or over 60 pages anyway. And this is an effort to update and r evise the Marine Board Act 1962 in this new Marine and Ports Services Act 2020. Much of what is in this Act was, in fact, in the 1962 Act. So, even though it is being overhauled, e nhanced and, in certain circumstances improved, and in other circumstances not improved (and I will come to that a little bit later), it is interesting to note that some of these things do stand the test of time 60 years later. What is very good and pleasing to see in this Bill, which the Opposition largely supports, is two things: one is a systemic observation and one is a more personal observation. The systemic observation is it is always good to see Bermuda making sure that it stays at the for efront of compliance in terms of how things operate in the world. And, as the Honourable Minister said in his brief, Bermuda is a mariti me jurisdiction, but it is also an important jurisdiction for the maritime world. And that is because of our ship registry, which diligently plods along without many Bermudians appreciating how many international ships are registered here. Likewise, there are a number of cruise ships and other shipping lines who are registered to Bermuda and who have employment of their seafarers through Bermuda. And I did see reference in a previous debate on this topic to 1.2 million seafarers. I do not know if that is those included in the Bermuda ship registry or generally. But it shows you the kind of nu mbers we are talking about, the kind of people whose lives . . . the number of people whose lives are affec ted by legislation— global legislation —but also legisl ation in Bermuda. So, you know, this is important. And it is i mportant and commendable that Bermuda stays at the forefront and it does carry out mock audits and revises legislation in accordance with those mock audits. The second point of commendation, in my opinion, is what the Government is doing in terms of our internal use of boats. This Act envisages two di fferent types of boats —and we will come to that in Committee—but in effect, it is looking at those that are boats used by normal boat operators and then t here are boats that are used for commercial purposes. And there is a distinction in the Act between a boat, which would be the kind of boat, Mr. Speaker, that you might take out from your dock or from wherever, and then a defined term of “Island boat,” whi ch is the vessel that would be used and operated for reward in the waters of and from place to place within Bermuda. And that distinction is important because there is a very fun-damental change being effected here in [clauses] 90 to 95 of the Bill and that has to do with the Bermuda Government introducing a more stringent approach to the consumption of alcohol while operating both boats and Island boats. And there is quite a lot now in this Bill in those sections as to what the new rules will be. And I do note, and we can deal with it in Committee, but it is more stringent for the piloting of Island boats for commercial purposes. So, those are the two observations. The one slightly negative observation, not necessarily nega-tive, but, obviously, it is an obs ervation that I have touched on previously with other Bills and that is the apparent tendency of this particular Government and its political philosophy to seek to place greater powers in the hands of a Minister. Now, this Act, which has been in place sinc e the 1960s, really has a Port A uthority, and some of the powers of the existing Authority are being shifted to the Minister. So, it would be useful to have an explanation from the Minister as to why this is thought to be necessary or, indeed, benef icial. And I am not suggesting there is anything unt oward in that, but it is something we have seen quite a bit in various bits of legislation where independent professionals are having their powers truncated and part-time politicians or, indeed, full -time politi cians — but professional amateurs (if I can call us that without disrespect intended to any of us) —are being given increased powers. So, I would be interested to hear from the Minister about that aspect and, indeed, about the aspect about the use of alcohol by those boating because I know that that is a subject that this partic ular Minister has focused on in other aspects of his parliamentary career. Another interesting element of this Bill —and I will just touch on it in passing, indeed, it is dealt with in the next Bill as well —is something that, again, I suspect most Bermudians do not give a lot of thought to and that is what are Bermuda’s territorial waters? Formally the expression “territorial waters” is defined in this Bill by reference to another as bei ng 12 nautical miles. And that is a historical anachronism and I understand —I do not know if it is true or not true— but the reason the 12 nautical miles was chosen as the territorial waters of any particular jurisdiction, as I un-derstand it, was that 3 nautical miles, I believe, was how far a cannonball could fire and then that was i ncreased through history to 12 nautical miles. And I do not know if that is factual, but I know that that is an old story you would hear from sailors and, indeed, mar itime lawye rs. But what is more interesting about it is that beyond our territorial waters are what is now referred to as Bermuda’s Exclusive Economic Zone and that goes far beyond 12 nautical miles, it goes all the way out to 200 nautical miles. And that is quite im portant because even though Bermuda’s landmass is quite small, a circle drawn from our land mass 200 miles out in a full circle around Bermuda is actually a pretty 302 11 December 2020 Official Hansard Report
Bermuda House of Assembly sizeable piece of territory on the globe. And it is siz eable, as we have heard before, because of fishing rights and, also, a number of the matters that the Deputy Premier spoke earlier today when talking about some environmental aspects that are being considered in respect of the oceans surrounding Bermuda. But it is interesting and, again, we w ill deal with the point in Committee, but it is interesting that this Bill seems to be dealing more with territorial w aters than with the more expansive definition of Excl usive Economic Zone. And I am just curious to know, perhaps from the Minister, why th at is and why it was not an opportunity to consider the more expansive section as is considered in the next Bill for debate, the Merchant Shipping Amendment Act. With those observations, as I say, we would be interested to hear why the Minister feels more power is needed in the hands of the Minister. But beyond that, the Opposition is supportive of the Bill, u nderstands that it is good housekeeping, trying to bring things up to date, trying to stay at the forefront of an industry in which Bermuda plays a vi tal role—the shipping industry. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerYes, Honourable Member, you have the floor. Good afternoon, sir.
Mr. Michael A. WeeksGood afternoon. I would like to start off by thanking the Minister for bringing this legislation and I am speaking wearing a different hat right now, Mr. Speaker, I am currently the Chairman of the Water Safety Council.
Mr. Michael A. WeeksAnd I want to commend the Minister because, as much as we talk about bringing this legislation into the 21 st century, the Minister knows that my passion is water safety in and around our waters when it comes to our residents’ everyday living. We know that most of our …
And I want to commend the Minister because, as much as we talk about bringing this legislation into the 21 st century, the Minister knows that my passion is water safety in and around our waters when it comes to our residents’ everyday living. We know that most of our activity is during the summer months, but every holiday the use of our w aters by our locals increases. My concern and the concern of the Water Safety Council is the ability to operate boats and jet skis. And I say that, Mr. Speaker, because from what we have ascertained in Bermuda, to get a pleasure craft all one has to have is the funds to purchase it. The competency has never really been an issue. So, I hope this Bill starts, or goes a long way, in addressing this, that before you can purchase or operate a boat in Bermuda, there should be some kind of competency exam, something very much on the part of the identical requirement for road safety. And also, Mr. Speaker, the drinking on the water is a paramount influence also to us in Bermuda. Accidents increase and they will increase on the water because the traffic is increasing on the water. So, I commend the Minister for taking this step and, if I can ask the Minister a question that he may be able to answer in Committee or before we go into Committee, is the impact that this Bill will have on people that drive under the influence. Because that is a main . . . that is a real issue in Bermuda, Mr. Speaker, and I really, especially as the Chair of the Water Safety Council, that is one of our biggest issues of how we address drinking and boating in and around our shores. Do we increase the police presence? Do we give that responsibility to our Coast Guard? Do we suspend people who are caught immediately from drinking and boating? You know, those are the issues that are also of paramount importance. I understand the maritime part of it that is of fshore and the commercial boats, but we mus t also focus on our residential boating and our recreation because that is becoming more and more . . . the more people we see on the waters the more issue we are going to have with those that drive under the infl uence. So, I hope the Minister can focus on that also. I thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a comment?
The SpeakerThe SpeakerMr. Tyrrell, you sound nice and clear this time, Mr . Tyrrell. I am glad you were able to make that adjustment. Feel free to make a contribution now.
Mr. Neville S. TyrrellMr. Speaker, thank you very much for the opportunity to speak on this Marine and Ports Services Act 2020. I want to commend the Minister for taking on this challenge of updating an Act that is 58 years old. Let me say that I realise that, as the Opposition Member …
Mr. Speaker, thank you very much for the opportunity to speak on this Marine and Ports Services Act 2020. I want to commend the Minister for taking on this challenge of updating an Act that is 58 years old. Let me say that I realise that, as the Opposition Member just said, it has stood the test of time, but in order for us to keep up with the International Maritime O rganization’s sta ndards, it was necessary for the Mini ster to do some updating and bring this Bill in a new shape. Let me say that it modernises sections that deal with the requirements for commercial operators, Island boaters. So, that is certainly something that we
Bermuda House of Assembly have certainly had to look at. Let me say that it clearly lays out who is ultimately responsible for some of the actions that take place under the maritime operations. I can certainly say that some things like oil pollution and contingency plans, obviously, had to be relooked at and updated at the same time. The fact that it also will affect small boaters —he mentioned you taking your boat out from your dock —and also boats that are out for hire have to conform to a new . . . not so much a new code of practice, b ut a code of practice that, obviously, brings us up to international standards. Mr. Speaker, let me say that based on the update of this Act, all maritime actions have now been covered in this legislation. So, again, I commend the Minister and his technic al officers. And I think at this time I will certainly mention the Director of Marine and Ports, Mr. Rudy Cann, for the work that he does there in terms of keeping things in order. But let me just, as I said, I wanted to be brief, but let me certainly end with reminding people of just a paragraph that the Minister actually spoke to, if you will allow me to just read it, just to emphasise the fact of why we have to update our laws and things, if you will allow me, Mr. Speaker? It is his last paragraph, the first sentence that says —
Mr. Neville S. Tyrrell—and it means Bermuda, “as a reputable marine maritime nation having a prestigious shipping registry and being a world- class tourist dest ination, it is imperative that Bermuda succeeds i n the upcoming IMSAS audit” (that is taking place) “with the highest grades in order to maintain [our] global pos …
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? No other Member. Minister. Hon. W. Lawrence Scott: Yes, Mr. Speaker, I now move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerYou are welcome. You have the floor. House in Committee at 4:54 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL MARINE AND PORTS SERVICES ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Marine and Ports Services Act 2020 . Minister, you have the floor. Hon. W. Lawrence Scott: Thank you, Mr. Chairman. Just befor e I go clause by clause I want to …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Marine and Ports Services Act 2020 . Minister, you have the floor. Hon. W. Lawrence Scott: Thank you, Mr. Chairman. Just befor e I go clause by clause I want to address some of the questions that were asked. I notice that I did not do that before. I will be guided by you, Mr. Chairman.
The ChairmanChairmanYes, go right ahead. Hon. W. Lawrence Scott: All right. It was asked about the P ort Authority. The Opposition Shadow Mi nister asked about the Port Authority, why does this Bill seemingly give more power to the Minister? It actually does not give more power to the Minister. It …
Yes, go right ahead.
Hon. W. Lawrence Scott: All right. It was asked about the P ort Authority. The Opposition Shadow Mi nister asked about the Port Authority, why does this Bill seemingly give more power to the Minister? It actually does not give more power to the Minister. It actually just puts in legislation what is already happening in operation, meaning that it has to show a clear line of who is responsible. That is all this does. It just shows that when it comes to these matters, ultimately, the Minister is responsible. And so, therefore, when . . . and then the ot her question was about our territorial waters. This legi slation just does not cover the EEZ yet. Further discus-sions will be required with the Chambers for us to address the EEZ. And the long- term goal for Bermuda is for our Coast Guard to manage the EEZ, so it would not c ome under Marine and Ports. And then another Member, my colleague, a former Minister himself, did ask the question about what this . . . what was the impact on local marine boating under the influence? It brings the marine op-erations in line with the roa d safety or Road Traffic Act when it comes to impaired driving and the alcohol li mits when it comes to it. So, there is, locally, it is a universal blood- alcohol content for both operating a vehicle on land and in the water. With that I would now like to move clauses 1 through 7, Mr. Chairman.
The ChairmanChairmanContinue, Minister. Hon. W. Lawrence Scott: Clause 1 is the citation for the Bill. Clause 2 provides for the interpretation of the Bill. Clause 3 provides for the application provision for the Bill. T he Bill shall apply to ships, vessels, and boats used for naval or military purposes, or …
Continue, Minister.
Hon. W. Lawrence Scott: Clause 1 is the citation for the Bill. Clause 2 provides for the interpretation of the Bill. Clause 3 provides for the application provision for the Bill. T he Bill shall apply to ships, vessels, and boats used for naval or military purposes, or ships used by an enforcement officer or the Bermuda Fire and Rescue Service. 304 11 December 2020 Official Hansard Report
Bermuda House of Assembly Clause 4 continues to constitute the Ports A uthority, which will be responsible for advisi ng the Mi nister on maritime affairs and the local maritime industry. Clause 5 provides for the functions of the Ports Authority, which include: advising the Minister on the control of ship channels; regulating berthing, anchoring, and mooring of ships; regulating capital works over docks; regulating dock operations with respect to international Convention requirements; determining port dues and light tolls rates; and to gener-ally advise the Minister on marine matters in our terr itorial waters. Clause 6 prov ides that the powers and duties of the Ports Authority are those powers and duties that are vested or imposed by the Bill, subject to any general direction given by the Minister. Clause 7 provides the power for the Minister to be responsible for the general management, control and supervision over maritime matters in the territorial waters. Subsection (2) provides particular matters for which the Minister is responsible. The Minister is r esponsible for the Bermuda Maritime Operations Ce ntre, which manages r escue coordination services, vessel traffic and coast radio station services, amongst other matters. The Minister is also empowered to make regulations for the operation and control of the responsibilities in this section. And those are clauses 1 through 7, Mr. Chairman.
Mr. Scott PearmanThank you, Mr. Chairman. Honourable Minister, I misspoke earlier when I was estimating the length of the Bill, but not by much, it is 52 pages plus Schedules. I do not propose and I am sure you do not wish to go through each and every clause, but I have …
Thank you, Mr. Chairman. Honourable Minister, I misspoke earlier when I was estimating the length of the Bill, but not by much, it is 52 pages plus Schedules. I do not propose and I am sure you do not wish to go through each and every clause, but I have flagged up a couple of speci fic questions, which I would be grateful if you could addres s. The first one is in clause 2, which is the interpretation section. And if you go to the definition there, which is alphabetical, under “E” for “enforcement officer,” we see here that what previously was being done solely by police officers in terms of boarding naval vessels, et cetera, is now going to be expanded a concept of enforcement officer to include a member of the Royal Bermuda Regiment. And if you sort of keep a finger there, and you look at clause 88 of the Bill, you can see there, it is almos t towards the back, that what an enforcement officer may now do is may board a ship or boat to investigate and it sets out in 88 what the enforcement officer can do. Clause 89 is enforc ement without warrant, et cetera. So, going back to the definition sec tion at clause 2, could the Minister please discuss what trai ning is going to be provided to non- police officers, to those who are in the Royal Bermuda Regiment who are now a part of the Coast Guard as to the police aspect of their role, the ability to arr est, et cetera. Thank you.
Hon. W. Lawrence Scott: My question to the Shadow Minister is if you have . . . is that all the questions you have on clauses 1 through 7?
Mr. Scott PearmanNo, would you prefer me to go all the way through? Hon. W. Lawrence Scott: Yes, just to give me time to get some answers —
Mr. Scott PearmanNo, that’s fine. Hon. W. Lawrence Scott: —at least for the first ones and then we can go from there.
Mr. Scott PearmanWith your leave, Mr. Chairman, shall I go through them all?
Mr. Scott PearmanThank you, Mr. Chairman. The next question arises from the definition of “Island boat.” That was a point I flagged up in the d ebate. This is relevant for section 93, which we will come to. And section 93 is the “ Arrest without warrant, and breath samples .” It …
Thank you, Mr. Chairman. The next question arises from the definition of “Island boat.” That was a point I flagged up in the d ebate. This is relevant for section 93, which we will come to. And section 93 is the “ Arrest without warrant, and breath samples .” It is the alcohol restriction section which was discussed in the debate by a number of Members. The distinction being drawn here is between a regular boat, a regular user, and an Island boat. And I would just invite the Minister to clarify why this distinction is being drawn, what the Minister’s thinking is behind that, behind having one set of rules for those operating a commercial craft versus those operating a private pleasure craft. The next question that I have, please, is still under the definitions under clause 2, is the “territorial waters” definition that I flagged up in debate, indeed, the Honourable Minister acknowledged it in debate. That is currently defined as 12 nautical miles. And I am just curious why the Ministry did not take the o pportunity to define this in terms of the EEZ [economic empowerment zone] given that it was an overhaul of substantive legislation. I know that the Honourable Minister answered the point about the Coast Guard, but it would have seemed an opportunity to define our territorial waters in a broader sense, if not at least gi ven the importance and value that Bermuda attributes to the larger exclusive economic zone.
Bermuda House of Assembly The next question within [clauses] 1 through 7 is clause 5, and that is the “ Functions of the Ports A uthority .” And if you contrast that with clause 7 itself, you see the functions of the Ports Authority in clause 5, which are limited and set out there, with the func-tions of the Minister at clause 7, which are set out and are far more expansive and indeed go on to clause 8 (if you just wish to look at it) and go on, although we are not there yet to clause 9, the ability to give general directions . And so I would respectfully suggest that this is expanding the Mi nister’s powers, notwithstanding the answer given by the Minister in debate, but perhaps the Minister can elaborate on that answer when he deals with clause 7. Thank you, Mr. Chairman.
The ChairmanChairmanYou are welcome, sir. [Pause] Hon. W. Lawrence Scot t: I was giving a whole lot of answers, and it is still muted. So the others said . . . and I will deal with the Bermuda Coast Guard. The Bermuda Coast Guard will be responsible and will be taking …
You are welcome, sir. [Pause] Hon. W. Lawrence Scot t: I was giving a whole lot of answers, and it is still muted. So the others said . . . and I will deal with the Bermuda Coast Guard. The Bermuda Coast Guard will be responsible and will be taking over from the Marine Police when it comes to the patrolli ng of our EEZ. And so when it comes to training, that means they will also be taking over when it comes to their training. When it comes to the liability, towards the liability, liability for boats for hire and reward have a higher liability. So, I believe that is to your question about the Island boats and the like. When it comes to the EEZ not being added, once again it would not be a Marine and Ports function for the EEZ, it would be a Coast Guard function which then comes under and would be handled und er Marine Police and/or National Security. So that would be outside of what we would be doing. And the Ports Authority is appointed by the Minister and so therefore the Minister is determined to have the overall responsibility for the Ports Authority. That is something we have been doing in operation for some time now, but it was never captured in legislation.
Mr. Scott PearmanThank you, Mr. Chairman. I thank the Honourable Minister for the four answers he has given. If I could just go back to the first of the four answers, and that one only , I think the answer given was that the Royal Bermuda Regiment’s Coast Guard will be taking …
Thank you, Mr. Chairman. I thank the Honourable Minister for the four answers he has given. If I could just go back to the first of the four answers, and that one only , I think the answer given was that the Royal Bermuda Regiment’s Coast Guard will be taking over training. The question I had was, What training will th ey be given if they are to be carrying out these functions? Thank you, Mr. Chairman. The Chairman: Thank you, Honourable Member.
Hon. W. Lawrence Scott: Right now, and I will defer to my technical officer who will be providing me with more of a robust answer, but my understanding is that that is outside of the purview of Marine and Ports. That now goes to National Security. And that is a question better suited for the Minister of National S ecurity as the Coast Guard comes under them.
Mr. Scott Pearma nThank you, Mr. Chairman. That is all the questions I have for this section of clauses.
The ChairmanChairmanThank you. Are there any further speakers? There appear to be none. Minister. Hon. W. Lawrence Scott: I would like to move clauses 8 through —
The ChairmanChairmanDo you want to move clauses 1 through 7 and have them approved? Hon. W. Lawrence Scott: Sorry. Thank you. Yes. Mr. Chairman, I would like to move clauses 1 through 7.
The ChairmanChairmanAre there any objections to clauses 1 through 7 being approved? There appear to be none. Approved. [Motion carried: Clauses 1 through 7 passed.] Hon. W. Lawrence Scott: Thank you. Mr. Chairman, I would like to move clauses 8 through 14.
The ChairmanChairmanContinue. Hon. W. Lawrence Scott: Mr. Chairman, clause 8 provides for the general powers of the Minister which include the power to appoint an official surveyor to ensure conformance with the BSCV Code of Practice and the licensing of Government crews in the case of Government vessels. Clause 9 provides …
Continue.
Hon. W. Lawrence Scott: Mr. Chairman, clause 8 provides for the general powers of the Minister which include the power to appoint an official surveyor to ensure conformance with the BSCV Code of Practice and the licensing of Government crews in the case of Government vessels. Clause 9 provides for the Minister to give general directions to the Ports Authority in relation to the exercise and performance of its functions under the Act. Clause 10 provides the right of the Minister to consult the Ports Authority in relation to marine and ports services, but the Minister may act in his own discretion on any matter to which he takes advice. Clause 11 makes provision for the continuation of the Department of Marine and Ports Services, 306 11 December 2020 Official Hansard Report
Bermuda House of Assembly and the continued supervision of the Department by the Director of Marine and Ports Services. Clause 12 provides for the Minister to be r esponsible for the control of ship channels. Clause 13 provides for the Minister to be r esponsible for the maintenance of hydrographic services and data in accordance with Bermuda’s obligations under the SOLAS Convention. Clause 14 empowers the Minister, in accor dance with applicable international regulations, to make regulations, subject to the negative resolution proc edure, for matters including lights, signals, methods of communications and life- saving apparatus to be carried by boats, and licensing and conduct of boat masters, engineers, engine drivers and crew members.
The ChairmanChairmanThank you, Minister. Are there any further speakers to clauses 8 through 14?
The ChairmanChairmanThank you, Honourable Member. Does any — Hon. W. Lawrence Scott: Mr. Chairman, I —
The ChairmanChairmanOne second, one second, Minister. Any further speakers to clauses 8 through 14? There appear to be none, Minister, co ntinue. Hon. W. Lawrence Scott: Mr. Chairman, I ask that clauses 8 through 14 be approved.
The ChairmanChairmanIt has been moved that clauses 8 through 14 being approved. Are there any objections to that? There appear to be none. Approved. Minister, continue. [Motion carried: Clauses 8 through 14 passed.] Hon. W. Lawrence Scott: Thank you, Mr. Chairman. Mr. Chairman, I would like to move clauses 15 through …
The ChairmanChairmanClauses 15 through 24. Continue. Hon. W. Lawrence Scott: Clause 15 prohibits the master or pilot of any ship from entering a ship channel without securing clearance from the Pilot Station or the Bermuda Maritime Operations Centre. Clause 16 prohibits a disabled ship from entering or passing through a ship …
Clauses 15 through 24. Continue.
Hon. W. Lawrence Scott: Clause 15 prohibits the master or pilot of any ship from entering a ship channel without securing clearance from the Pilot Station or the Bermuda Maritime Operations Centre. Clause 16 prohibits a disabled ship from entering or passing through a ship channel without the previous permiss ion of the Director. Clause 17 empowers the Director to give conditional permission for a disabled ship to enter or pass through a ship channel under clause 16, and he may specify the time and conditions of the permission. Clause 18 prohibits the master of a ship from dumping any ballast, gravel, rubble, refuse, solid m aterial or marine pollutant into a ship channel or on a pproach to a ship channel. Clause 19 establishes the defence of necess ity to the offence of entering a ship channel or dum ping waste in a ship channel. Clause 20 requires that the master [or an] owner of any wreck located in a ship channel or berth, be responsible for clearing the ship channel or berth, where the wreck can cause danger, obstruction or delay to any ship attempting to enter the ship channel or berth. Clause 21 provides for the Minister to be r esponsible for the correct buoying, lighting and marking of all ship and small boat channels to meet international standards. Clause 22 provides for the Minister to regularly maintain and refit all buoys, beacons, poles and other aids to navigation. Clause 23 makes it an offence to interfere with a buoy or beacon. Clause 24 provides for the Minister to employ dredgers and other machinery to deepen and widen the ship channels.
The ChairmanChairmanThank you, Minister. [Are there] any speakers to clauses 15 through 24?
The ChairmanChairmanContinue, Honourable Member Pearman.
Mr. Scott PearmanHonourable Minister, when you and I discussed the Bill previous ly, you referenced one of the reasons that this is being overhauled. You used the example of the cost of [Costa] Concordia. Just in respect to clause 16 of the Bill, the restriction on the use of a ship channel …
Honourable Minister, when you and I discussed the Bill previous ly, you referenced one of the reasons that this is being overhauled. You used the example of the cost of [Costa] Concordia. Just in respect to clause 16 of the Bill, the restriction on the use of a ship channel by disabled ships, som ething similar to the C osta Concordia, which was the ship that tipped over off the Italian coast (I believe it was Italy; I may be mistaken.) but I know everyone saw it on the international news. If something similar to that was to happen here in Bermuda, what sort of plans does the Ministry have in place to deal with that?
Hon. W. Lawrence Scott: Well, first and foremost, we do have an emergency plan put in place and we would actually just . . . the plan that we have is in line with and governed by the international regulations, which is pretty much the Nairobi Convention.
Bermuda House of Assembly Mr. Scott Pearman: Thank you, Honourable Minister. Mr. Chairman, that is the only other question I have in this section. Also, Mr. Chairman, it is a matter for you, but I think there are almost a hundred c lauses, if you wish the Minister to take them in larger chunks, that is fine by me.
The ChairmanChairmanMinister, will you do likewise? The Opposition Member has agreed. Hon. W. Lawrence Scott: I will.
The ChairmanChairmanOkay. Thank you, Honourable Member Pearman. Hon. W. Lawrence Scott: Mr. Chairman, I move that clauses 15 through 24 be approved.
The ChairmanChairmanIt has been moved that clauses 15 through 24 being approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: C lauses 15 through 24 passed.] Hon. W. Lawrence Scott: Mr. Chairman, I would like to move clauses 25 through 69.
The ChairmanChairmanContinue. Hon. W. Lawrence Scott: Clause 25 provides that on the outbreak of war or any grave national emergency, the Governor may, by proclamation, declare the channel authority to be vested in the Admiralty. Clause 26 provides the Minister with responsibility for the management and care of lighthouses and beacons. …
Continue. Hon. W. Lawrence Scott: Clause 25 provides that on the outbreak of war or any grave national emergency, the Governor may, by proclamation, declare the channel authority to be vested in the Admiralty. Clause 26 provides the Minister with responsibility for the management and care of lighthouses and beacons. Clause 27 establishes the requirement for the payment of light tolls for all ships coming to anchor or berth in Bermuda subject to specified exceptions. Clause 28 prohibits a ship from being permi tted to be cleared to leave the territorial waters until all light tolls have been paid. The light tolls constitute a maritim e lien on a ship, its boats, its equipment and cargo. Clause 29 empowers the Minister with the r esponsibility of regulating pilotage and the branch pilot service in Bermuda. Clause 30 provides for the compulsory pilotage of every ship navigating in territorial waters to be piloted by a branch pilot. Clause 31 is that the owner or master of a ship in territorial waters shall be liable for any loss or damage caused by the ship when navigating without a pilot. Clause 32 limits the liability of a pilot employed on a ship in the territorial waters to $5,000 for any damage done to or by any ship. Clause 33 establishes the responsibility of the Ports Authority to regulate berthing, anchoring and mooring of all ships and boats within the ports of Bermuda. Clause 34 requires the Ports Authority, prior to issuing a licence for a floating dock or mooring pile, to consult with and act in accordance with the advice of the Minister responsible for planning. Clause 35 provides the Director with the authority to give written or oral directions to the owner, master or agent of any ship relating to the berthing, anchoring or mooring of that ship, including berthing fees at an ISPS dock, which are prescribed on the written approval of the Minister. Clause 36 provides the requirement that any extension of a capital nature over a dock by a dock owner requires the prior approval in writing of the Ports Authority. Clause 37 provides savings provisions that prevent the derogation of responsibility of the Corporations of Hamilton and S t. George’s, and the West End Development Corporation to maintain, supervise and operate their respective docks. Clause 38 empowers the Ports Authority, and any officer of the Department authorized to do so, to have access to any ISPS dock and its faciliti es. An ISPS dock is defined under section 2 as a berth i nspected and approved by the Minister for use by ves-sels which are classed under IMO Conventions and is a berth that possesses a valid United Kingdom D epartment of Transport Certificate of Port Facili ty Sec urity Plan Approval. Clause 39 prescribes the responsibility of the Corporations of Hamilton and St. George’s, and the West End Development Corporation to collect port dues as prescribed under the Bill. Clause 40 empowers the Minister to make regulat ions to control and regulate the ports, including the authority to set the requirements for inspection and licensing, development, administration and oper ation, along with the authority to establish a Code of Practice for the reporting and investigation of accidents in ports and ship channels. Clause 41 provides the Minister with the po wer to issue the BSCV Code of Practice. The BSCV Code of Practice provides standards of construction and requirements for emergency equipment for Island boats. Clause 42 prov ides a procedure for enforcing the BSCV Code of Practice. Under subsection (1), a Department officer or an official surveyor may provide a notice to the person using an Island boat where the person is not in compliance with the BSCV Code of Practice. If th e Department officer or an official surveyor under subsection (2) determines that a person using an Island boat has not complied with the BSCV Code of Practice, then he may issue a stop notice or impose conditions on the continuation of the activity of the Island boat. 308 11 December 2020 Official Hansard Report
Bermuda House of Assembly Clause 43 provides that a charter -party boat visiting the territorial waters shall be deemed to be an Island boat for the purposes of this Part; but note that this Part (Part 9) does not apply to superyachts. Clause 44 prohibits any boat or I sland boat from plying their vessel for hire or reward without a licence issued by the Minister. Clause 45 provides for the annual inspection of Island boats for seaworthiness. Clause 46 empowers the Director to require any Island boat to be inspected and surveyed for seaworthiness. Clause 47 restricts an owner, agent or master of any Island boat from carrying passengers or freight before the Island boat has been inspected or any a lterations, additions or repairs have been completed to the Minister’s satisf action and the Director has issued a certificate of survey. Clause 48 provides for the granting of certif icates of survey of Island boats by the Minister. Clause 49 provides for the Minister to require repairs to Island boats. Clause 50 prohibits the owner and master of an Island boat to run the boat while is it is in disrepair. Clause 51 provides for the requirements of i nspections of Government boats. Clause 52 prohibits a person from acting as a crew member of a boat for hire or reward unless the person is certified in accordance with the BSCV Code of Practice. Clause 53 provides the requirement by the Minister to publish, on the Department website, the technical competencies required for applicants for I sland boat crew certificates. Clause 54 empowers the Minister to cancel or suspend any Island boat crew licence for any reason in which he determines it is expedient to do so. Clause 55 empowers the Minister to make regulations to prescribe the classes of Island boats and the manner in which they are requi red to carry a crew who are licensed in accordance with the BSCV Code of Practice. Clause 56 empowers the Minister to make regulations concerning the registration, classification and licensing of Island boats and the requirements for the operation of Islan d boats. Clause 57 makes it compulsory for Island boats in territorial waters to have maritime insurance. Clause 58 empowers the Minister to make regulations for implementing the requirements for compulsory insurance for Island boats. Clause 59 prohibits t he importation, use or operation of a hovercraft in Bermuda. Clause 60 provides for the interpretation of Part 12 (Ferry Services). Clause 61 empowers the Minister to have the exclusive authority to operate ferry services in Berm uda as part of an integrated public transport system. Clause 62 provides the authority for the Mini ster to make arrangements with any person to provide ferry services on his behalf as a ferry contractor. Clause 63 prohibits any person other than the Minister from operating a ferry s ervice. Clause 64 provides the authority for the Mini ster to be responsible for the business of transport by water. Clause 65 empowers the Minister to make regulations for fares, dues and charges relating to ferry services. Clause 66 provides the requirement for the Minister to publish timetables and tables of fares for ferry services. Clause 67 empowers the Minister to make regulations in relation to Government boats, or in rel ation to ferry services completed by a ferry contractor. Clause 68 provides the authority for the Mini ster to employ any vessels for salvage operations as may be agreed upon, or decided upon in arbitration, between the Minister and the master of the ship. Clause 69 provides the authority for the Mini ster to control the movement of wat erborne traffic through bridges.
The ChairmanChairmanThank you, Minister. Are there any further speakers? Honourable Member Pearman.
Mr. Scott PearmanYes, thank you, Mr. Chairman. For those clauses I have five questions for the Honourable Minister. I am happy to put all five toget her if that is the direction of the Chair.
Mr. Scott PearmanThank you. Starting with clause 32 of the Bill, it is the li ability of an owner or master for navigating without a pilot. I was hopeful that the Honourable Minister could give some examples, given that the earlier sections designated the Minister’s oversight of when boats may enter or …
Thank you. Starting with clause 32 of the Bill, it is the li ability of an owner or master for navigating without a pilot. I was hopeful that the Honourable Minister could give some examples, given that the earlier sections designated the Minister’s oversight of when boats may enter or leave the channel, et cetera, with a pilot. Could the Honourable Minister just explain the ci rcums tances when an owner or a master would be navigating without a pilot in the first place? And that is clause 32, and that is the first of five questions. The second of five questions is clause 38, and it is just a curiosity. I note that the “West End Devel-opment Corporation,” which is the language used in the previous Bill has been struck out and it has been replaced by the expression “Dockyard docks” and I was just wondering what the reason was for that, if there is one. That is clause 38. The third of fi ve questions is about the Island boats, which is under Part 9. And there is whole series of clauses here. But it is clear that an Island boat is different from a regular boat, a regular boat that the Chairman might take out on the weekend. And Island
Bermuda House of Assembly boat appears to be a licensed vehicle. It appears to be a vehicle that is required to have insurance. So I am just wondering . . . it seems to be a commercial oper ation, something akin to a ferry driver. And I just ask for confirmation or otherwise from the Minister as to whether I have correctly understood that. The fourth of five questions . . . slightly, again, just curiosity, clause 59 prohibits the importation of hovercrafts. And I am just wondering why that is. And more seriously, clause 64, my final of five questions for this section. Under clause 64(3)(b), there is a reference to the licensing of workboats by the Minister used in the transport of passengers and goods. And I am just curious, I could not find any def inition of “workboats” and I am just w ondering how that differs from an Island boat or from a regular boat. And those are my five questions in this section. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Honourable Member. Minister. Hon. W. Lawrence Scott: Okay. Thank you, Mr. Chairman. I just wanted to go back, I think, to make sure that I have answered all the questions as accurately and as in depth as possible. When we talk about the Costa Concordia, all ships entering …
Thank you, Honourable Member. Minister.
Hon. W. Lawrence Scott: Okay. Thank you, Mr. Chairman. I just wanted to go back, I think, to make sure that I have answered all the questions as accurately and as in depth as possible. When we talk about the Costa Concordia, all ships entering Bermuda are r equired by law to take a local branch pilot, which will drastically reduce a Costa Concordia- like mishap. All ships passing by Bermuda are under Bermuda’s vessel traffic services. It is almost like an air traffic control for ships which means that they know the territory w aters and they will guide the ships through. So that is how we prepare. Prior preparation prevents poor performance. So that is how we prepare to avoid the Costa Concordia- type of events. I have just received confirmation that training for non- police officers, including members of the Bermuda Coast Guard, has begun. And to navigate without a pilot would require an exemption. That is for clause 32. I guess to be able to navigate without a pilot you would need an exem ption. Then it goes to Island boats. Island boats are boats for hire. So a ny of the catamarans, any of the yachts that we have that go around, all of those would be considered as Island boats. Just going to the Dockyard docks, when it comes to —
The ChairmanChairmanWhat clause are you speaking to? Hon. W. Lawrence Scott: Oh, sorry. I am speaking to clause 38. Sorry.
The ChairmanChairmanThank you. Hon. W. Lawrence Scott: [The expression] Dockyard docks [is used so] if there was to be a dock or an extension to the dock that goes outside of the WEDCO jurisdiction, we wanted to ensure that we covered that, so we made it a bit broader just to …
Thank you. Hon. W. Lawrence Scott: [The expression] Dockyard docks [is used so] if there was to be a dock or an extension to the dock that goes outside of the WEDCO jurisdiction, we wanted to ensure that we covered that, so we made it a bit broader just to make sure that we catch everything. I am looking for the . . . oh, yes, clause 64 is for workboats. Workboats are what marine contractors use.
Mr. Scott PearmanNot in those clauses, Mr. Chai rman. I will let the Honourable Minister off answering why I cannot import a hovercraft. Thank you. Hon. W. Lawrence Scott: Yes, sorry.
The ChairmanChairmanYes, let me say, Members. I turned my camera off because the advice was to turn my camera off because they are detecting some problems. So I don’t have it off just for that so . . . Hon. W. Lawrence Scott: Okay.
Mr. Chairman.
The ChairmanOh, thank you. Hon. W. Lawrence Scott: And to be honest, Shadow Minister Pearman, I did ask that same question when I got that. It is because hovercrafts are deemed to be unsafe vessels.
Mr. Scott PearmanThere we are! Thank you, Ho nourable Minister for those answers. Thank you, Mr. Chairman.
The ChairmanChairmanThank you. Hon. W. Lawrence Scott: And Mr. Chairman, I move that the clauses be approved.
The ChairmanChairmanWhat clauses? Hon. W. Lawrence Scott: That would be—
The ChairmanChairman—[clauses] 25 through 69. Hon. W. Lawrence Scott: Correct.
The ChairmanChairmanWill you move them then? Hon. W. Lawrence Scott: I would like to move that clauses 25 through 69 be approved. 310 11 December 2020 Official Hansard Report Bermuda House of Assembly The Chairman: Thank you. It has been moved that clauses 25 through 69 be approved. Are there any …
Will you move them then? Hon. W. Lawrence Scott: I would like to move that clauses 25 through 69 be approved.
310 11 December 2020 Official Hansard Report
Bermuda House of Assembly The Chairman: Thank you. It has been moved that clauses 25 through 69 be approved. Are there any objections to that? There appear to be none. Approved. Continue, Minister.
[Motion carried: Clauses 25 through 69 passed.]
Hon. W. Lawrence Scott: Mr. Chairman, I would like to move clauses 70 through 99.
The ChairmanChairmanContinue. Hon. W. Lawrence Scott: Mr. Chairman, c lause 70 empowers the Minister to make regulations controlling and regulating diving. Clause 71 empowers the Minister and the Ports Authority to have general regulation making powers for implementing the Act in relation to their respective functions. Clause 72 prescribes the authority …
Continue.
Hon. W. Lawrence Scott: Mr. Chairman, c lause 70 empowers the Minister to make regulations controlling and regulating diving. Clause 71 empowers the Minister and the Ports Authority to have general regulation making powers for implementing the Act in relation to their respective functions. Clause 72 prescribes the authority for the Mi nister to appoint persons to be official surveyors. Su bsection (4) prescribes the responsibilities of official surveyors as ultimately providing professional assessments as to the damage to, and seaworthiness of, cargo and ships damaged at sea. Clause 73 requires the operator of a boat or ship to take reasonable precautions to prevent the unnecessary emission of air pollution by said boat or ship. Clause 74 provides for the parliamentary scr utiny of regulations made under the Bill. Subsection (1) provides that regulations made under the Bill for lev ying . . . for levying . . . levying —
The ChairmanChairmanLevying recovering or the payment of fares. Hon. W. Lawrence Scott: Levying. Yes. Sorry. [Pause]
The ChairmanChairmanI’m sorry, Minister. [We] lost you. Minister, we have lost you. Minister Scott. Hon. W. Lawrence Scott: Sorry, just having a little bit of technical . . . can you see me now?
The ChairmanChairmanYes. Yes. Hon. W. Lawren ce Scott: Okay. Good.
The ChairmanChairmanWe can see you and hear you. Hon. W. Lawrence Scott: I think my tablet caught that. Sorry. I was on . . .
The ChairmanChairman[Clause 74]. Hon. W. Lawrence Scott: Clause 74 provides for the parliamentary scrutiny of regu lations made under the Bill. Subsection (1) provides that regulations made under the Bill for levying, recovering or the payment of fares, dues, fees or other charges, are to be subject to the affirmative resolution …
[Clause 74]. Hon. W. Lawrence Scott: Clause 74 provides for the parliamentary scrutiny of regu lations made under the Bill. Subsection (1) provides that regulations made under the Bill for levying, recovering or the payment of fares, dues, fees or other charges, are to be subject to the affirmative resolution procedure. Under subsection (2), all oth er regulations made for matters not addressed in subsection (1) are subject to the negative resolution procedure. Clause 75 provides the requirement for all notices, orders, consents, demands, Department fees, port fees and other documents issued by the Mi nister or Ports Authority to be in writing and may be posted on the Department website. Clause 76 prescribes the requirement for the Department to keep records issued under the Bill for a minimum of 10 years. Clause 77 provides for the authentication of documents signed by an officer of the Department on behalf of the Ports Authority or Minister. Clause 78 provides for the valid service of notices, orders, consents, demands or other documents to be given or served on a person under the Bill to be completed by delivery to that person, by leaving it or sending it by registered mail to his office, by leaving it at his last known address, or in the case of a corporate body, by delivering it to the registered office. Clause 79 prescribes the procedure for r ecover ing the late payment of light tolls, pilotage dues and increased pilotage dues, port dues and any other dues prescribed under the Bill. Clause 80 provides for the recovery of light tolls and pilotage dues payable under the Bill as a debt or liquidated demand before a court of summary jurisdiction. Clause 81 prohibits persons from wilfully o bstructing any persons acting to execute a provision of the Bill. Clause 82 provides penalties for the contr avention of any provision of the Bill. Clause 83 provides for the summary prosec ution of offences, unless otherwise expressly provided. Clause 84 prescribes a penalty for offences under the Bill where no special punishment is provi ded. Clause 85 provides for the imposition of daily penalties where prescribed under the Bill. Clause 86 provides for officers of the Depar tment to prosecute offences committed under this Act on behalf of the Minister or Ports Authority. Clause 87 provides for the liability of directors of a company for offences under the Bill where it is proved that the offence is committed with the consent of the director.
Bermuda House of Assembly Clause 88 prescribes the power for an enforcement officer to board a ship to investigate where there is reason to believe that an offence has been committed under the Bill. Clause 89 pres cribes the power for an enforcement officer to arrest a person without a warrant where the person is reasonably suspected of having committed an offence and refuses to give his name and address when requested to do so. Clause 90 prescribes the power for an enforcement officer to stop a boat and require it to return to a mooring or dock where the boat is being dangerously operated or take over the operation to return it to land. Clause 91 prohibits a person to operate a boat or Island boat when impaired by alcohol or a drug. Clause 92 prohibits a person to operate a boat in contravention of alcohol limits. Subsection (2) provides the prescribed limit for a person who operates or is at the helm of a boat as 80 milligrammes of alcohol in 100 millilitres of blood, which is in line with the prescribed limit in the Road Traffic Act 1947. Su bsection (3) provides the prescribed limit for a person who operates or is at the helm of an Island boat which is in line with the international standards prescribed in the Merchant Shipping and Fishing Vessels (Alcohol) (Prescribed Limits) Regulations 2019. The prescribed limit for a person who operates an Island boat is 50 milligrammes of alcohol in 100 millilitres of blood. Clause 93 prescribes the authority for an enforcement officer to arrest a person without a warrant and require breath samples for persons alleged to be operating a boat while impaired by alcohol or a drug or in contravention of alcohol limits. Clause 94 prescribes the penalty for offences relating to operatin g a boat while impaired by alcohol or a drug [or] in contravention of alcohol limits. A per-son shall be liable on summary conviction for a first offence, to a fine of $10,000 or imprisonment for 12 months, or for a second or subsequent offence, to a fine of $20,000 or imprisonment for two years. Clause 95 provides a procedure for proceedings relating to operating a boat while impaired by a lcohol or a drug or in contravention of alcohol limits. Clause 96 provides the Director with the authority to require a public officer to perform master or engineer services outside the territorial waters. Clause 97 provides for the repeals of the Dockyard Port Act 1905, the Bermuda Merchant Shipping Act 1930 and the Marine Board Act 1962, which is subject to Schedule 3. Clause 98 provides that the consequential amendments in Schedule 2 shall have effect. Subsection (3) provides that the savings and transitional pr ovisions in Schedule 3 shall also have effect. Clause 99 provides for commencement.
The ChairmanChairmanThank you, Minister. Hon. W. Lawrence Scott: Mr. Chairman, just looking for your guidance. Do I read Schedule 1 provides for the proceedings of the Ports Authority?
The ChairmanChairmanYes, you can, finish it. Hon. W. Lawrence Scott: Schedule 2 contains consequential amendments. Schedule 3 provides savings and transitional provisions.
The ChairmanChairmanAre there any further speakers?
Mr. Scott PearmanThank you. Honourable Minister, clause 73 deals with the prevention of air pollution from boats and ships on our territorial waters. That section is a bit vague, if I may respectfully say so. It says that we can prevent “the unnecessary emission of air pollution.” I am just wondering what …
Thank you. Honourable Minister, clause 73 deals with the prevention of air pollution from boats and ships on our territorial waters. That section is a bit vague, if I may respectfully say so. It says that we can prevent “the unnecessary emission of air pollution.” I am just wondering what that means in practice.
Hon. W. Lawrence Scott: Is that both quest ions?
Mr. Scott PearmanThat is the first. Excuse me. The second is, it refers thereafter to regulations which are prescribed from time to time and I am just wondering if there are any regulations that are in force at the m oment. Hon. W. Lawrence Scott: Okay. So, actually, I do have to …
That is the first. Excuse me. The second is, it refers thereafter to regulations which are prescribed from time to time and I am just wondering if there are any regulations that are in force at the m oment.
Hon. W. Lawrence Scott: Okay. So, actually, I do have to provide a bit more . . . okay, so, I am having a bit of technical difficulty with my technical advisors, so . . .
Mr. Scott PearmanIf the Honourable Minister wis hes, subject to the Chair’s consent, I can continue with questions while they are considering those. Hon. W. Lawrence Scott: Yes, please.
Mr. Scott PearmanThank you, Mr. Chairman. The next question is for clause 74. That is headed, “ Parliamentary scrutiny of regulations.” There it talks about various practices being brought to Parliament for scrutiny under the affirmative resolution 312 11 December 2020 Official Hansard Report Bermuda House of Assembly procedure and the negative …
Thank you, Mr. Chairman. The next question is for clause 74. That is headed, “ Parliamentary scrutiny of regulations.” There it talks about various practices being brought to Parliament for scrutiny under the affirmative resolution 312 11 December 2020 Official Hansard Report
Bermuda House of Assembly procedure and the negative resolution procedure. This is in respect of any regulations which you may make under this Act. So it is correct that this is pr oviding for Parliamentary scrutiny. The next question you will be pleased to learn is all the way to clause 93. And this is about the co nsumption of alcohol. I note that if you look at the old section . . . excuse me, clause 92, that was removed from the original Act and it had previous blood alcohol consumption of 1.0. And it is now being dropped to what we call in the vernacular, .08. It is also being dropped for the people who are at the helm, and this is clause 92(3), of an Island boat. And it is being dropped to .50. And my question to the Minister is, how does that compare to commercial users on the road, such as a bus driver?
Hon. W. Lawrence Scott: Mr. Chairman, if I could just have a few moments.
The ChairmanChairmanMinis ter, we cannot hear you. Do you have your microphone muted? Hon. W. Lawrence Scott: Sorry, Mr. Chairman. So the question on clause 73 [was], what does that mean in practice? It means that they should meet the international emissions standards. And then with clause 74 . . . …
Minis ter, we cannot hear you. Do you have your microphone muted?
Hon. W. Lawrence Scott: Sorry, Mr. Chairman. So the question on clause 73 [was], what does that mean in practice? It means that they should meet the international emissions standards. And then with clause 74 . . . what exactly were you asking when it comes to Parliamentary scrutiny?
Mr. Scott PearmanWell, it just seemed that what was being suggested was that if you make any regul ations that you will bring them to Parliament to be scr utinised . That is correct; yes? Sorry, I can’t hear the Honourable Minister. Hon. W. Lawrence Scott: Yes. That is correct.
Mr. Scott PearmanI had asked if there were any regulations in force at this moment. I do not know if the Honourable Minister has an answer to that as yet. I think you are on mute again, Honourable Minister. Hon. W. Lawrence Scott: I am just checking with my technical officers.
Mr. Scott PearmanMr. Chairman, I am almost done, you will be pleased to k now.
The ChairmanChairmanYes, that’s fine, Mr. Pearman.
The ChairmanChairmanYes, it is. Hon. W. Lawrence Scott: So to answer the second question for clause 73, yes, there are regulations being enforced. They are being enforced by the Maritime Shipping Authority.
Mr. Scott PearmanI’m grateful. Thank you, Honourable Minister. Hon. W. Lawrence Scott: So going to—
Mr. Scott Pearman[Clause] 93. Hon. W. Lawrence Scott: —[clause] 93 —
Mr. Scott PearmanClauses 92 and 93. Hon. W. Lawrence Scott: Sorry. Clause 92, that would put them in line with the Road Traffic Act which covers all. So, the blood alcohol that is for a bus operator would be the same that is for an Island boat.
Mr. Scott PearmanI see. So, it is per missible for a bus operator or a ferry operator to consume alcohol while driving a bus or ferry. Hon. W. Lawrence Scott: Yes, and it is in line with international maritime operations. [Crosstalk] Hon. W. Lawrence Scott: Convention requirements, sorry.
Mr. Scott PearmanRight. And a further question also on clauses 92 and 93, you will remember that we discussed this concept of a workboat earlier, at clause 88, and you explained that this was someone doing marine works, I believe. Workboats were doing marine salvage, et cetera. What is the position there? …
Right. And a further question also on clauses 92 and 93, you will remember that we discussed this concept of a workboat earlier, at clause 88, and you explained that this was someone doing marine works, I believe. Workboats were doing marine salvage, et cetera. What is the position there? B ecause they do not seem to be covered by the alcohol limitations.
Hon. W. Lawrence Scott: Everybody is covered by the alcohol limitations.
Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Chairman, question.
The Cha irman: Yes, Honourable Member Dunkley. Continue. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Honourable Minister, my honourable co lleague just asked the question, Was it permissible for bus and ferry drivers to consume alcohol? And the answer was y es? To consume alcohol while working? Hon. W. Lawrence Scott: No, no. The answer . . . I said yes that they are covered . . . that they are the same as the ferries , they are both . . . so marine alc ohol limits are the same as road alcohol limits. Hon. Mi chael H. Dunkley: But it is not permissible to consume while working. I saw the Chairman shake his head in disbelief so I asked the question just to clear it up. [Laughter] Hon. Michael H. Dunkley: I am sure somebody will [ask] that. Thank you, Minister . [Crosstalk]
The ChairmanChairmanThank you, Honourable Member Dunkley. Hon. W. Lawrence Scott: Sorry about that. So, for clarification, it is not permissible to drink and operate buses or anything like that.
Mr. Scott PearmanSo I guess the question th at I was driving at was slightly . . . the same question but from a different angle. If it is not permissible for a bus driver or a ferry driver to consume any alcohol while transporting members of the public on their vehicles, …
So I guess the question th at I was driving at was slightly . . . the same question but from a different angle. If it is not permissible for a bus driver or a ferry driver to consume any alcohol while transporting members of the public on their vehicles, why are we allowing Island boat [operators] to consume alcohol while transporting members of the pu blic on their vehicles? What is the difference?
Hon. W. Lawrence Scott: So, this is for operating a . . . this is for —
[Crosstalk]
Hon. W. Lawrence Scott: So, it is the person who i s liable for the operation of the safety of the boat who cannot be impaired.
Mr. Scott PearmanRight, Honourable Minister. Mr. Chairman, with your leave.
Mr. Scott PearmanSo Honourable Minister, my question relates speci fically, if you have clause 92(3) before you, we have just established and you have just confirmed to my honourable colleague Mr. Dunkley, that ferry drivers and bus drivers may not consume any alcohol while transporting members of the public, passengers. But this …
So Honourable Minister, my question relates speci fically, if you have clause 92(3) before you, we have just established and you have just confirmed to my honourable colleague Mr. Dunkley, that ferry drivers and bus drivers may not consume any alcohol while transporting members of the public, passengers. But this clause here, 92(3), will allow an operator at the helm of an Island boat to consume up to .50 alcohol. So I am just wondering what the difference is because it does not seem to me as there is any per-ceptible difference between someone conducting a commercially licensed insured Island boat vehicle for the members of the public and someone driving a ferry. I just do not see the difference.
Hon. W. Lawrence Scott: We are going to get clarity from Chambers, who drafted the Bill.
Mr. Scott PearmanI am grateful. My last question, with your leave, Mr. Chairman.
Mr. Scott PearmanIt is clause 96 of the Bill. And Honourable Minister, this talks about the deployment of a public officer to act as a master or engineer outside territorial waters. I am just curious if the Minister can answer what that is about, what that clause is seeking to do. Thank …
The ChairmanChairmanMinister. Hon. W. Lawrence Scott: So that is when we have to take our boats overseas to be serviced, or inspected for Lloyds — [Crosstalk; Feedback] Hon. W. Lawrence Scott: —of Bermuda. So therefore it is for the technical aspect of that to where they can act as masters.
Mr. Scott PearmanThank you, Honourable Minister. Thank you, Mr. Chairman. The Chairm an: Thank you, Honourable Member Pearman. Are there any further speakers? Minister, do you want to move the clauses and the Schedules? Hon. W. Lawrence Scott: I move that clauses 70 through 99 be approved.
The ChairmanChairmanIt has been moved that clauses 70 through 99 be approved. Are there any objections to that? There appear to be none. Approved. 314 11 December 2020 Official Hansard Report Bermuda House of Assembly [Motion carried: Clauses 70 through 99 passed.]
The ChairmanChairmanDo you want to move the Schedules? Hon. W. Lawrence Scott: Yes, Mr. Chairman. I move that the Schedules be approved.
The ChairmanChairmanIt has been moved that the Schedules be approved, Schedules 1, 2 and 3. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedules 1 through 3 passed.] Hon. W. Lawrence Scott: Thank you, Mr. Chairman. Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? No objections. Approved. Hon. W. Lawrence Scott: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House as printed. Thank you, Minister. Thank you, Members. [Motion carried: The Marine and Ports Services Act …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House as printed. Thank you, Minister. Thank you, Members.
[Motion carried: The Marine and Ports Services Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 5 :47 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
MARINE AND PORTS SERVICES ACT 2020
The SpeakerThe SpeakerDeputy, thank you, sir. Members, are there any objections to the Marine and Ports Services Act 2020 being reported to the House as printed? There are none. It has been reported and re ceived as printed. That now brings us on to the next item on the Order Paper tonight …
Deputy, thank you, sir. Members, are there any objections to the Marine and Ports Services Act 2020 being reported to the House as printed? There are none. It has been reported and re ceived as printed. That now brings us on to the next item on the Order Paper tonight which is [Order] No. 8. Again, it is in the name of the Minister of Transport. It is the second reading of the Merchant Shipping Amendment (No. 2) Act 2020. Minister, wo uld you like move your matter at this time?
Hon. W. Lawrence Scott: Yes, Mr. Speaker. Mr. Speaker, I move that the Bill entitled Merchant Shipping Amendment (No. 2) Act 2020 now be read the second time.
The SpeakerThe SpeakerAre there any objections to that? There are none. Minister, continue. BILL SECOND READING MERCHANT SHIPPING AMENDMENT (NO. 2) ACT 2020 Hon. W. Lawrence Scott: Thank you, Mr. Speaker. The Bill for consideration is the Merchant Shipping Amendment (No. 2) Act 2020. The Bill makes amendments to the Merchant Shipping …
Are there any objections to that? There are none. Minister, continue.
BILL
SECOND READING
MERCHANT SHIPPING AMENDMENT (NO. 2) ACT 2020
Hon. W. Lawrence Scott: Thank you, Mr. Speaker. The Bill for consideration is the Merchant Shipping Amendment (No. 2) Act 2020. The Bill makes amendments to the Merchant Shipping Act 2002 , which is the principal Act, to fully implement the Wreck Removal Convention 2007 in Bermuda. This will enable Bermuda to request the United Kingdom to extend the Convention to Bermuda. This Bill has also addressed som e gaps in Bermuda’s maritime legislation and is part of an ongoing effort to keep up with our international obligations to ensure our maritime legislation remains current and aligned with the International Maritime Organization, or the IMO Convention, and protocols. I will provide a summary of the amendments in chronological order. Mr. Speaker, in December 2019 the UK Maritime and Coastguard Agency (MCA) conducted a mock III Code audit of Bermuda in preparation for the official IMO III Code audit of the UK and the Overseas Territories. This is currently scheduled for February 2021. The audit was conducted by two MCA repr esentatives and a total of 10 Government and local agencies participated in the audit. Overall, Bermuda had a good audit result and the Ber muda Shipping and Maritime Authority (BSMA), in consultation with other key stakeholders, are addressing all the audit findings, and some amendments proposed in this Bill are related to findings in the mock audit. Mr. Speaker, during the mock audit the B SMA was unable to demonstrate the mechanism for impartial investigations into the conduct of seafarers holding standards of training certification and watchkeep cert ification or endorsement, and a process for withdrawal, suspension or cancellation of such certifications when warranted. This was evidenced by the fact that sections 73 through 80 of the principal Act, which allowed for enquiries into the competency of seafarers to hold certificates had been repealed. The legislation only contemplates the removal of a certificate in case of fraud or error. It appears and
Bermuda House of Assembly it is assumed that during the implementation of the Maritime Labour Convention, the MLC, the legislative requirements in 2013, a policy decision was made to remove the aforementioned referenced sections as they were considered redundant and the decision was based on advice provided at the time. Therefore, amendments are required to reintroduce the repealed sections 73 through 80. Mr. Speaker, as prefaced in my earlier comments, amendments are r equired to the Act to fully implement the Nairobi International Convention. The Convention in Bermuda and the following provide some background on this matter. In November 2018, the Merchant Shipping Act 2002 was amended by inserting a new part, Part IXA after section 216 of the Act to make salient provisions of the Convention a pplicable in Bermuda. In keeping with the procedure to request the extension of an international convention, Bermuda drafted a [ transportation] table that was submitted to the UK Department of Transport, or the DfT, for their review and comment. The UK DfT has subsequently advised and recommended that we make additional amendments to Part IXA to add and augment local provisions for the full implementation of the Convention in Bermuda. With these amendments, Bermuda will satisfy all the legislative requirements to have the Convention extended to Bermuda by the UK. Mr. Speaker, the Bill’s final amendment is a result of the mock audit findings with respect to Part XI, Accident Investig ations [and Inquiries]. The findings highlighted that marine accidents are investigated by investigators from the BSMA who are also respon-sible as general superintendents for safety on board ships registered with the BSMA. For example, an organisation may be affected by the outcome of the investigation. Currently, the d ecision on whether to investigate an accident is taken by the Chief Marine Surveyor who oversees the safety surveys and certification of these ships. And investigators also function as surve yors of these ships. Ther efore, currently, the BSMA is unable to demonstrate that investigations into marine casualties are protec ted from direction or interference from any person or organisations which may be affected by its outcome, or the investigators are objective and impartial. To address and best manage these potential conflicts of interests, section 228(4) needs to be amended by replacing Chief Marine Surveyor (CMS) with the Chief Executive Officer (CEO) throughout as the UK Maritime and Coastguard Agency has accepted this approach which has been utilised by other Overseas Territories members with the Red Ensign Group, a British ship registry, or the REGs. The CEO has the independence as a result of currently not having specific duties or responsibi lities under the Act, [unlike] the CMS, who is appointed under section 10 of the Act and is directly involved in the surveying and inspection of Bermuda registered ships. Therefore, amendments are proposed to sections 228(4)(e), 228(4)(f) and 228(4)(k) to replace CMS with CEO. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution to the debate at this time? Mr. Scott Pearman: Thank you, Mr. Speaker. MP Pearman.
The SpeakerThe SpeakerMP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. We have just gone through an inordinately long Bill and taken up a great deal of the House’s time, so I will try to be far more brief on this one.
Mr. Scott Pe armanFortunately, it only goes to 11 clauses, not almost 100. Mr. Speaker, the Opposition is obviously pleased to see any amendment that improves and enhances our reputation as a jurisdiction. The Oppos ition is equally delighted that Bermuda did so well in its mock audit. Nonetheless, our job is to …
Fortunately, it only goes to 11 clauses, not almost 100. Mr. Speaker, the Opposition is obviously pleased to see any amendment that improves and enhances our reputation as a jurisdiction. The Oppos ition is equally delighted that Bermuda did so well in its mock audit. Nonetheless, our job is to challenge and keep an eye on the Government, and so the point that I do just want to touch on briefly in the debate is the fact that the auditors were unable to find in our existing legislation the mechanism for investigation of seafarers. That includes inquiry into the fitness and conduct of an officer, the disqualification of holders of certif icates other than an officer, inquiry into the fitness or conduct of seafarers other than an officer, how hearings would be dealt with, re- hearings, appeals, the rules of the inquiries, the failure to deliver cancelled or suspended certificates, et cetera. The reason I read those out from the Bill is to show that these are pretty important aspects to allow for investigat ion of seafarers. And I will just call them “the rules.” So it was a little bit surprising that when the audit happened the auditors were unable to find in our legislation the rules. And digging a little deeper, if one looks at the Explanatory Memorandum t o the Bill that is before us right now, the Merchant Shipping Amendment (No. 2) Bill 2020, you can see what the Explanatory Memorandum has to say about these absent rules. It says at clause 2, “Clause 2 re- inserts” (and I will just call it ‘the rules’ the relevant sections relating to the rules) “into the principal Act. These provisions deal with inquiries into the fitness and conduct of seafarers and officers and their disqualification.” And then the important sentence is this: “These sections were deleted in a 2012 amendment to the principal Act for other reasons.” 316 11 December 2020 Official Hansard Report B ermuda House of Assembly What does that actually mean? Well, that means that when an amendment Act came before the House on the 6th of July 2012, clause 19 of that amending Act repealed all of the rules. It took them out of the principal legislation, the principal legislation being the Merchant Shipping Act of 2002. And it r epealed them all. And it is interesting that the Honour able Minister has explained that. He said that they were repealed because of a policy decision because they were “redundant” (quote/unquote). And remember that word “redundant” because it appears again. It seemed odd to us in the Opposition that all the rules relating to the disciplinary investigation of seafarers would just be taken out of the M erchant Shipping Act. So I did a little bit of digging to try to fi gure out why in July 2012 they came out. And believe it or not I was able to find the Hansard of the 6th of July 2012, and the then Minister (and I will not name him by name, but he is the Deputy Premier now) was shepherding through the amendment Act in 2012 and the Hansard records him in respect of the repealing saying this, and I quote with your leave, Mr. Speaker “Clause 19” (19 was the repealing of the rules) “Clause 19 amends the principal Ac t by repealing,” [the rules] “inclusive, as they are redundant.” So we see the word “redundant” which was the word used by the Honourable Minister. And credit where credit is due, and this may be a little bit “ sucky -up” of me, but I will do it anywa y. There were then a few Members of the Opposition who questioned the then Minister about why this r epeal was happening. And the then Shadow Minister of Education (now Leader of the Opposition) , Mr. Nelson H. Cole Simons, said this, and I read from the 2Hansard. “Clause 19 says to repeal” [the rules] “incl usive. I would like to know where this issue” (continuing over the page) “which covers the disqualification of seaman inquiries, and it covers inquiry into fitness or conduct of officers . . . it covers disqualification of holders of certificates other than officers. It covers inquiry into fitness or conduct of seamen other than officer. It covers rehearing of and appeal from inqui ries. It covers rules as to inquiries and appeals. It c overs failure to deliver cancelled or suspended certif icates. It covers power to restore certificates. It covers power to summon a witness to inquiry into fitness or conduct of officer or other seaman. It covers civil liabi lity for the absence without leave. It covers civil li ability for smuggling. It covers civil liability for fines imposed under immigration laws.” The then Shadow Minister (now Leader of the Opposition) said this, and I quote: “So my question is, There is substantive material in these sections which have been repealed; are they going to be included in 2 Official Hansard Report 6 July 2012, page 25672568 the regulations? Or how will they be considered under the revised legislation? Thank you.” And that was a question he posed. So all of these rules, very important rules, are being taken out by amendment, being repealed from the primary legi slation and then Shadow Minister, now Leader of the Opposition, quite sensibly asked, Where have they gone? Where will we find them? The answer was then provided, also recorded in the Hansard of 6 July 2012, and he said, “Yes, all of that, all the stuff that we pulled out. But again, many of these things were taken out because they are outdat-ed and they were in contravention of what is consi dered to be now best practice. So we have taken them out.” So I just pause to observe there, Mr. Speaker, that it was felt at the time by the Honourable Minister in 2012 that all of these things were in contravention of best practice and they were outdated and they were redundant, and that is why they took them out. And it is interesting to see that now here we are eight years later and the Leader of the Opposition today was i ncredibly pressing then because he anticipated that these were important things, and indeed they are. And so here we find an amendment Act, (No. 2) 2020, in which clause 2 of this Bill reinserts section 73 to 80A, most of which, if not all, were removed back in 2012. Perhaps the legal technical term for this is a big “boo- boo” but at least [we] are pleased to see that it is being corrected. And no doubt all of the seafarers around the world who rely upon our Bermuda laws because they are on Bermuda flagships or vessels, who need to be able to have access to the mecha-nisms of investigation and indeed access to justice in those circumstances, will be pleased to see that Ber-muda’s error of 2012 is being corrected today. And credit to the Leader of the Opposition for having recognised the mistake eight years ago. Against that statement, Mr. Speaker, I thank you. The Opposition is supportive to see those as-pects being reinstated. It makes perfect sense that they are. One suspects they should have never been removed. Additionally, this Bill from clause 3 onward, make certain other changes, in particular in relation to the rescuing of wrecks in our territorial waters. I would just also make one pausing observation. In the last Bill that we discussed we were only talking about territorial waters of 12 nautical miles. In this Bill at clause 4, we now have it right. It is our ex-clusive economic zone, very important, 200 nautical miles. So I am pleased to see that here because sometime, probably when I am long dead, when we are all long dead, our children, our children’s children will be grateful for the fact that Bermuda (quite properly) under international law asserted its 200 nautical mile territorial waters, as they should be called. I thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Pearman. Bermuda House of Assembly Does any other Member wish to speak?
Mr. Neville S. TyrrellThank you for allowing me to add to this discussion on the Merchant Shipping Amendment (No. 2) Act 2020. Again, I would like to thank the Minister for bringing this legislation. I fully support his efforts in doing so. As stated in the Minister’s brief, Mr. Speaker, the suggested amendments …
Thank you for allowing me to add to this discussion on the Merchant Shipping Amendment (No. 2) Act 2020. Again, I would like to thank the Minister for bringing this legislation. I fully support his efforts in doing so. As stated in the Minister’s brief, Mr. Speaker, the suggested amendments to this Bill are designed to give teeth to a couple of things in particular. One, as it has been mentioned, the W reck Removal Convention in 2007 and Accident Investigations and Inquiries as well in Bermuda, and to also close any gaps in Bermuda’s legislation in order for us to keep us up to date with our international obligations. It is also important to share with our colleagues that while making these amendments the exercise has been a good preparation for the IMO III Code scheduled for February next year. So that is another good plus right there. The mock audit itself clearly showed that we could not demonstrate a mechanism for impartial investigation, so that loophole has now been closed and that again will bring us into full compliance with international merchant shipping rules. Mr. Speaker, it should be noted that even with the absence of that previous omissi on, no incidents or events actually required us to have any inquiry into the fitness or conduct of any officer during those years. So I think that in and of itself speaks well of our merchant shipping operations here in Bermuda. These amendments will also bring confidence that Bermuda is now fully compliant with all of the legisl ation required under the Nairobi International Convention as well. Mr. Speaker, the last point I wish to emphasise, Bermuda having done this mock audit, we were able to pick up on that potential conflict of interest that could have occurred when I was having the Chief Marine Surveyor investigate any incident. And we have now moved that responsibility, as stated, to the Chief Executive Officer. So, with that, Mr. Speaker, I again t hank the Minister for bringing these updated amendments which will protect Bermuda’s merchant shipping rep utation. In my thanks I again include the Minister’s technical officers for the work done on these amend-ments. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Tyrrell. Does any other Member wish to speak to this? Any other Member? No. Minister. Hon. W. Lawrence Scott: Yes, Mr. Speaker, can you see me or . . .
The SpeakerThe SpeakerI hear you, Minister. I do not necessar ily see you right now. Hon. W. Lawrence Scott: Okay.
The SpeakerThe SpeakerOkay. Hon. W. Lawrence Scott: What about now, Mr. Speaker?
The SpeakerThe SpeakerAll right. I see you now. Minister, would you like to do a wrap- up for us now? Hon. W. Lawrence Scott: No, actually, now I would proba bly just move that the Bill be committed.
The SpeakerThe SpeakerActually, do you want to answer any of the questions that were put? Hon. W. Lawrence Scott: I understand that the same questions are going to be asked in the Committee and I—
The SpeakerThe SpeakerAll right . Okay. As we are going to move to Committee now, the Deputy Speaker just called . . . he has got a tec hnical problem and . . . he was trying to get back on. Hon. W. Lawrence Scott: Okay. So —
The SpeakerThe SpeakerI do not see him right now. Let’s see in a min ute if he responds. [Pause]
The SpeakerThe SpeakerHe is not responding. Is MP Swan available to take us . . . to take the Chair? [Pause]
The SpeakerThe SpeakerYes. Hon. W. Lawrence Scott: All right. Well—
The SpeakerThe SpeakerOkay, let me see who from the . . . MP Foggo, would you be available to take the Chair? [Pause] 318 11 December 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Okay. MP Tyrrell.
The SpeakerThe SpeakerMP Foggo, thank you. MP Foggo. [Feedback]
Ms. Lovitta F. Foggo[INAUDIBLE ] [Feedback] The Spe aker: No problem. We hear you echoing. You have a feedback there. Okay. MP Tyrrell, we know you were just on. Are you still there? Because you are a Member of the new panel that was released today. Would you be able to assist us?
The SpeakerThe SpeakerOkay. What you will do, just to help you along as a new Member of the Chair panel, you are basically going to lead us into Committee and once in Committee you will go clause by clause, ask Members who wish to speak, and then you will bring us back …
The SpeakerThe SpeakerMembers, we are moving into Commi ttee now and MP Tyrrell will lead us through Commi ttee. If the Deputy sorts out his technical issue and wants to come back, he will acknowledge that to you, MP Tyrrell. Thank you. So it is now in the hands of MP Tyrrell.
Mr. Neville S. TyrrellThank you, Mr. Speaker. House in Committee at 6 :09 pm [Mr. Neville S. Tyrrell , Chairman] COMMITTEE ON BILL MERCHANT SHIPPING AMENDMENT (NO. 2) ACT 2020
The ChairmanChairman[Members], we are now in Committee of the [whole House] for the Merchant Shipping Amendment (No. 2) Act 2020 .
The ChairmanChairmanProceed, Minister. Hon. W. Law rence Scott: Yes, thank you. Clause 1 is the citation for the Bill. Clause 2 re- inserts sections 73, 74, 75, 76, 77, 78, 79, 80 and 80A into the principal Act. These provisions deal with inquiries into the fitness and conduct of [seafarers] and …
Proceed, Minister.
Hon. W. Law rence Scott: Yes, thank you. Clause 1 is the citation for the Bill. Clause 2 re- inserts sections 73, 74, 75, 76, 77, 78, 79, 80 and 80A into the principal Act. These provisions deal with inquiries into the fitness and conduct of [seafarers] and officers and their disqualific ation. These sections were deleted in a 2012 amendment to the principal Act for other reasons. They are being re- inserted on the recommendation of the III Code mock audit conducted in Bermuda in December 2019. These provisions are requir ed in the principal Act to enable Bermuda to be in compliance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1987 . Clause 3 of the Bill amends section 216A of the principal Act by inserting a number of definitions in subsection (1), to comply with definitions in the Wreck Removal Convention. A new subsection (3) makes provision for the Chief Executive Officer of the Bermuda Shipping and Maritime Authority (BSMA) to a pprise the Secretary -General of the International Mar itime Organization (IMO), of the extent of the “Berm uda Convention Area,” as soon as the Wrecks Convention is extended to Bermuda. Clause 4 of the Bill amends section 216C of the principal Act to insert a new subsection (6). The new subsection (6) deals with a claim against a regi stered owner on costs incurred in respect of dealing with a wreck in Bermuda’s exclusive economic zone. Clause 5 of the Bill amends section 216D of the principal Act by inserting measures to facilitate the removal of wrecks. The newly inserted subsection (1A) ensures that measures for the removal of wrecks by the registered owner are reasonable and do not interfere with the rights of other States or persons. The new subsection (1B) imposes a duty on the Mini ster to inform the registered owner and the ship’s flag State about a wreck in Bermuda’s exclusive economic zone which constitutes a hazard, and measures to be taken in relation to the wreck. New subsections (3A) and (3B) have also been inserted into sect ion 216D of the principal Act to make provision for the owner to contract a salvor or other persons to remove the wreck. The new subsection (3C) provides for the registered owner to provide the Minister with evidence of insurance or other financial securit y when a wreck is determined to constitute a hazard under subsection (2). Clause 6 of the Bill amends section 216F of the principal Act by inserting subsections (1A) and (1B). The new subsection (1A) provides that in case of default by the registered owner , the Minister may r emove a wreck in Bermuda’s exclusive economic zone
Bermuda House of Assembly by reasonable measures or conditions which do not interfere with the rights of other States or persons. The new subsection (1B) provides that the Minister shall consult a ship’s flag St ate and any other persons affected by a wreck with regards to measures to be taken in relation to a wreck before removing the wreck in Bermuda’s exclusive economic zone. This clause also amends section 216F by inserting a new subsection (6) which provides that, a claim against a regi stered owner in respect of costs incurred, shall be brought only under section 216F. Clause 7 of the Bill amends section 216J of the principal Act by inserting a new subsection (5A), after subsection (5). The new subsection (5A) makes it a requirement that the registered owners of a ship flying the flag of Bermuda maintain insurance or other financial security to cover liability under the Wrecks Convention. Clause 8 of the Bill amends section 216N of the principal Act by inserting subsections (3A), (3B), (3C), (3D), and (3E). The new subsection (3A) gives the Minister power to authorise an institution or an organisation recognised by him to issue wreck removal insurance certificates. The newly inserted subsection (3C) provides tha t the Minister shall notify the Secretary -General of the IMO of the delegated authority to a recognised institution or organisation, and the withdrawal of such authority. Subsection (3D) pr ovides that such authority shall not take effect prior to three months from the date on which the IMO is not ified. Subsection (3E) gives power to the institutions or organisations authorised to issue certificates, to wit hdraw certificates. This clause also amends section 216N of the principal Act by inserting a new subsection (5A) to make provision for the acceptance of certificates from another Convention State. Clause 9 of the Bill amends the principal Act by inserting a new section 216PA. This new section 216PA provides that in cases where measures under this Act or the Wrecks Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall a pply to the remuneration or compensation paid to sa lvors. Clause 10 of the Bill amends the principal Act by insertin g a new section 216SA. The new section 216SA provides for the exclusion of enactments that implement the Convention in Bermuda, in relation to cases of pollution by oil and substances other than oil. Clause 11 of the Bill amends section 228 of the principal Act in subsection (4) by deleting “Chief Marine Surveyor” wherever it occurs and substituting “Chief Executive Officer of the Bermuda Shipping and Maritime Authority.” Currently, a decision on whether to investigate an accident is taken by the Chief Mari ne Surveyor, who is also responsible for overseeing the safety surveys and certification of ships. The invest igators also function as surveyors of these ships. Therefore currently, BSMA is unable to demonstrate that investigations of marine accidents are protected from directions or interference from persons who may be affected by its outcome or that investigators are impartial. To avoid this conflict of interest, the Chief Marine Surveyor has been replaced by the Chief E xecutive Officer of BSMA who has ind ependence, by virtue of not having any survey duties under the Merchant Shipping Act 2002. The change accords with standard practice in other British Overseas Territories. Thank you.
The ChairmanChairmanThank you, Minister. Are there any speakers to clauses 1 through 11?
Mr. Scott PearmanThank you. Honourable Minister, we touched on a matter in debate and you have elaborated a bit on your answer, i n respect of clause 2 which deals with the rei nsertion of all of the rules that were repealed eight years ago, and you said just now in your …
Thank you. Honourable Minister, we touched on a matter in debate and you have elaborated a bit on your answer, i n respect of clause 2 which deals with the rei nsertion of all of the rules that were repealed eight years ago, and you said just now in your answer that this was “for other reasons.” (quote/unquote) You said in the debate that it was because they were redu ndant. Can we agree that it was not because they were redundant; otherwise we would not be reinserting them?
The ChairmanChairmanDo you have any other questions, Honourable Member?
Mr. Scott PearmanYes. Clause 3 deals with the definition of “wreck” and introduces into our legislation the wreck recovery procedure that you described. My question is a pract ical one. What is practically going to happen if a ship . . . and pausing for a moment. Clause 4, as we di …
Yes. Clause 3 deals with the definition of “wreck” and introduces into our legislation the wreck recovery procedure that you described. My question is a pract ical one. What is practically going to happen if a ship . . . and pausing for a moment. Clause 4, as we di scussed during the debate, deals with our exclusive economic zone. So we are talking about a 200 naut i320 11 December 2020 Official Hansard Report
Bermuda House of Assembly cal mile circle around Bermuda. So back to the pract ical question. What happens if a ship founders, say 100 miles out, what is envisaged that Bermuda will do about that? The next question would be in respect of clause 6, which is where the Minister will actively r emove wrecks. This clause does not appear (unless I misunderstood it) to deal with wrecks in internal w aters. There are a lot of Bermuda wrecked boats that have been picked up by hurricanes and smashed that are sitting on our foreshores that have not been r emoved, and I am just wondering whether this is i ntended to apply to that or not. And what will the Mini ster be planning to do to remove the wrecks that are already in our inland waters? Likewise, in clause 6, it provides that the Mi nister will be (this is in clause 6, [section 216F of the principal Act, new section] (1A)(c) and it says: “shall not unnecessarily interfere with the rights and interests of —(i) other States, including the ship’s flag State.” So to build upon the previous example of a ship foundering, if we have, say, an oil spill 100 naut ical miles away, how does that work in practice? How are we not . . . or are we interfering with the rights of that State? And I believe that is my final question for the Honourable Minister. Thank you, Mr. Chairman.
The ChairmanChairmanThank you. Minister. Hon. W. Lawrence Scott: Thank you, Mr. Chairman. When it comes to clause 3, the question about 100 miles out, in reality if a boat is floundering about 100 miles out, it is not going to be a wreck it is going to go straight to the …
Thank you. Minister. Hon. W. Lawrence Scott: Thank you, Mr. Chairman. When it comes to clause 3, the question about 100 miles out, in reality if a boat is floundering about 100 miles out, it is not going to be a wreck it is going to go straight to the bottom of the ocean. So that is something that you would have to just consult with the operators and work out a best plan within the regul ations of how to deal with that with the operators. I then noticed that you asked a question . . . did you ask a question on clause 10 about an oil spill?
Mr. Scott PearmanIt was in relation to clauses 5 and 6. Yes, one of the examples of an oil spill. What would be the procedure there? [Pause]
Mr. Scott PearmanMinister, you are on mute. Hon. W. Lawrence Scott: Oh, sorry. So in regard to clauses 5 and 6, that question. One is that depending on the size of the oil spill and its location. So the hypothetical situation that you gave was an oil spill 100 miles off shore. …
Minister, you are on mute.
Hon. W. Lawrence Scott: Oh, sorry. So in regard to clauses 5 and 6, that question. One is that depending on the size of the oil spill and its location. So the hypothetical situation that you gave was an oil spill 100 miles off shore. We would basica lly reach out to our other overseas partners, the US [and] the UK, to try and come in and help with that. But if it was something that was closer to inshore that it was something in the lines that we could handle, a ship running aground, we do have the equipment here on Island to handle a pretty decent size oil spill. The two new t ugs that we have taken delivery of have oil spill and firefighting capabilities. So we have the booms, we have the floating booms, we have the dispersants . . . everything that can go on and help fight that oil spill and that is what helps us be a world- class jurisdiction as we already are. I think that that was . . . so now, does that answer your questions also for clause 10?
Mr. Scott PearmanThere were two questions outstanding, Honourable Minister. One was, what was to be done about the inland intern al water wrecks, you know, Bermuda boats that are currently wrecked on our foreshore and what is being done about that? Hon. W. Lawrence Scott: Okay. Well, one thing that is being …
There were two questions outstanding, Honourable Minister. One was, what was to be done about the inland intern al water wrecks, you know, Bermuda boats that are currently wrecked on our foreshore and what is being done about that?
Hon. W. Lawrence Scott: Okay. Well, one thing that is being . . . well, one is that we are looking to possibly amend legislation to [re quire] persons to have sinking insurance or wreck removal insurance when they have boats like that . . . because the Government cannot afford to be doing $30,000, $60,000 and higher per wreck [for] removal. So right now we will r emove wrecks if they pose a threat to safety or they are blocking up a channel, but other than that we just do not have the financial capacity to be removing wrecks from inshore waters and bays. So, we will be looking to possibly come in later in different sessions to have insurance made a necessity.
Mr. Scott PearmanThank you, Honourable Minister. My final question was just whether you agreed with me that “for other reasons” probably means mi stake? Hon. W. Lawrence Scott: No, “for other reasons” means for other reasons. It could be multiple different reasons that we felt as though at the time it was …
Thank you, Honourable Minister. My final question was just whether you agreed with me that “for other reasons” probably means mi stake?
Hon. W. Lawrence Scott: No, “for other reasons” means for other reasons. It could be multiple different reasons that we felt as though at the time it was r edundant based off of the information that was avail able to the Minister at that time. That was the decision that was made. So now time has passed, eight years have passed, we have determined that we do need to have these clauses instituted, these clauses added to the legislation and we are doing just that. So that is where responsibility and good governance is. We do not look at the past, we learn from it. Hon. W. Lawrence Scott: Thank you, Honourable Minister. Thank you, Mr. Chairman.
The ChairmanChairmanAre there any other speakers? Hearing none, I will ask the Minister to move the clauses. Hon. W. Lawrence Scott: Mr. Chairman, I move that clauses 1 through 11 be approved. Bermuda House of Assembly The Chai rman: Is there any objection to that, Members? I hear none. [Motion carried: …
Are there any other speakers? Hearing none, I will ask the Minister to move the clauses. Hon. W. Lawrence Scott: Mr. Chairman, I move that clauses 1 through 11 be approved.
Bermuda House of Assembly The Chai rman: Is there any objection to that, Members? I hear none.
[Motion carried: Clauses 1 through 11 passed.]
Hon. W. Lawrence Scott: Mr. Chairman, I move that all the . . . that the . . . we do not have any citations, we do not have any Schedules. I mov e that the preamble be approved.
The ChairmanChairmanAny objection to that, Members? None. Hon. W. Lawrence Scott: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanMembers, the Bill be reported to the House as printed. Thank you. [Motion carried: The Merchant Shipping Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.] House resumed at 6 :27 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] …
Members, the Bill be reported to the House as printed. Thank you. [Motion carried: The Merchant Shipping Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6 :27 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
MERCHANT S HIPPING AMENDMENT (NO. 2) ACT 2020
The SpeakerThe SpeakerThank you, MP Tyrrell for stepping in. I do believe that is the first time you actually had to sit in the Chair. Thank you, sir.
An Hon. Member An Hon. MemberCongratulations.
The SpeakerThe SpeakerMembers, the Bill entitled the Merchant Shipping Amendment (No. 2) Act 2020 has been r eported to the House as printed. Are there any objections to that? There are no objections. The Bill has been reported as printed and r eceived, and that brings that matter to a close. We …
Members, the Bill entitled the Merchant Shipping Amendment (No. 2) Act 2020 has been r eported to the House as printed. Are there any objections to that? There are no objections. The Bill has been reported as printed and r eceived, and that brings that matter to a close. We now move on to the next item on the O rder Paper for today, which is [Order] No. 9, the second reading of the Employment Amendment (No. 2) Act 2020 in the name of the Minister of Labour. Minister Hayward, would you like to present your matter?
Hon. Jason Hayward: Mr. Speaker, I move that the Bill entitled the Employment Amendment (No. 2) Act 2020 be now read a second time.
The SpeakerThe SpeakerAre there any objections to that? There are no objections. Continue, Minister. BILL SECOND READING EMPLOYMENT AMENDMENT (NO. 2 ) ACT 2020 Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Employment Amendment (No. 2) Act 2020 which seeks to provide a number of reforms …
Are there any objections to that? There are no objections. Continue, Minister.
BILL
SECOND READING
EMPLOYMENT AMENDMENT (NO. 2 ) ACT 2020
Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Employment Amendment (No. 2) Act 2020 which seeks to provide a number of reforms to employment law. Mr. Speaker, as Honourable Members will be aware, the project to modernise and consolidate Bermuda’s labour and employment legislation has been ongoing for a number of years. Mr. Speaker, the Labour Law Reform Commi ttee [LLRC], a subcommittee of the Labour Advisory [Council] [LAC], was created in 2014 to review all of the existing labour legislation in Bermuda and to rec-ommend changes that they thought were appropriate. This subcommittee consisted of union represent atives, employer representatives, independent repr esentatives and ex officio members of the Bermuda Government. Mr. Speaker, after broad and extensive consultation with key stakeholders a report was prepared with numerous recommendations on legislative changes. The recommendations were largely accepted and the drafting of the legislation was progressed. Mr. Speaker, a decision was taken to keep the Employment Act with amendments which forms the basis of every individual employment relationship as a stand- alone piece of legislation, while consolidating the Trade Union Act, the Labour Relations Act and the Labour Disputes Act into one Act, called the Trade Union and Labour Relations (Consolidation) Act 2020. It is the intention that both statutes will form the employment and labour code for Bermuda. Mr. Speaker, the debate on the Labour Consolidation Act wil l immediately follow this debate. Mr. Speaker, this Bill seeks to provide i ncreased benefits and protections for workers in areas including probation, lay -offs, redundancy and termination. The proposed new protections include: • The requirement for employers to provide [new employees with a] performance review during their probationary pe riod. • The requirement for an employer to provide a reason related to performance or operational requirements when seeking to terminate an employee contract when the employee is on probation. • The requirement for an employee’s period of continuous employment to include any period of lay -off. • The requirement for an employer who term inates an employee’s contract of employment 322 11 December 2020 Official Hansard Report
Bermuda House of Assembly to pay wages within seven days or during the next regular pay cycle. • An employer to have the capacity to terminate an employee within six months without notice or severance if he is guilty of misconduct on two separate occasions or twelve months without notice or severance if he is guilty of misconduct on four separate occasions. Mr. Speaker, the Bill provides for zero tolerance of violence and harassment in the workplace in keeping with the International Labour Organization’s adoption of the Violence and Harassment Convention in 2019. The amendment will deal with bullying and sexual harassment in the workplace. Employers will be required to have in place a policy on bullying and sexual harassment and recourse for employees for any contravention of the policy. Mr. Speaker, a statement of employment outlines th e conditions of employment and every emplo yer is required to provide this document to employees, and both employers and employees must sign said document. Mr. Speaker, this Bill provides for the following proposed additions to the statement of employment: • The entitlement of m eal breaks and rest days. • Entitlement to overtime pay or hours in lieu. • Whether there are any work permit -related conditions and restrictions; and • The inclusion of the employer’s written policy against bullying and sexual harassment. Mr. Speaker, often persons are hired as independent contractors, but the work relationship is act ually that of an employee, resulting in no benefits. Mr. Speaker, the Bill provides for the Labour Relation manager to issue and publish guidance for the purpose of determining whether a relationship more closely resembles that of an employee than that of an independent contractor. Mr. Speaker, currently, persons for whom bereavement leave may be taken are spouses, children, parents and siblings. This Bill exte nds this to include grandparents and great -grandparents, and grandchi ldren and great -grandchildren. Mr. Speaker, these amendments will have a positive impact as the workplace becomes more equitable and employees will be treated with increased fairness. The enhanced protections for employee’s rights will provide just and fair conditions in work and enhanced social protections. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution at this time?
Mr. Jarion RichardsonThank you, Mr. Speaker. And I thank the Honourable Minister for bringing this legislation before the House and this effort to moder nise our employment labour laws. Undoubtedly it was a labour of love and it took many hands all pulling in the same direction. To the credit of the …
Thank you, Mr. Speaker. And I thank the Honourable Minister for bringing this legislation before the House and this effort to moder nise our employment labour laws. Undoubtedly it was a labour of love and it took many hands all pulling in the same direction. To the credit of the Minister, there are areas in the Employment Act that required updating, that r equired populating, and those areas have been addressed. Undoubtedly there is some work to be done, but I do not want my comments that follow to take away from the efforts that everyone has put into this legislation so far. With that being said, Mr. Speaker, I do think that this legislation, as well intentioned as it is, will be harmful to a culture of entrepreneurship, start -ups and small businesses. There are really three points I would like to make. The first one is obviously harm ful to entrepr eneurs, start -ups and small business. And this is i mportant because during the Thorne Speech we heard that there will be an effort made to make life easier for the smaller enterprises in Bermuda. I do think that this legislation introduces some confusion. In some areas it clears things up and in some areas it makes it har der to determine as an employer where you respons ibilities lie. And, obviously, we will be speaking to that as we go through the legislation this evening. And I am also mindf ul, Mr. Speaker, that this may not be the best time for a root -to-stem approach to the Employment Act. Undoubtedly, updates are required, but these are being recommended to come into force on 21 June of next year. And there is a lot of time and a lot to be figured out by small and medium businesses between now and June. So as we get up to that date and when this (if it passes) comes into force, I am concerned that they will not be in a pos ition to adapt very well and that would wind up having an adverse eff ect on the employment situation. The Minister on 27 of November had made a point that he wanted to make sure we increase jobs in Bermuda, and I am submitting for his consideration that this will not do that. This will harm the expansion of the employment market. Mr. Speaker, further to that point, earlier when this legislation was brought up in the House, I had asked for the recommendations of the Labour Law Reform Committee to be published and circulated. And the reason why, Mr. Speaker, is because there are a lot of moving pieces in this legislation. And I would like to know where everyone who contributed to it . . . where their opinions lay. We have seen a lot of public conversation about this legislation, or about parts of it anyway, and I would like to know what, for
Bermuda House of Assembly example, each member of that committee had to say about these clauses. So, Mr. Speaker, this is a good idea. I just do not think it is executed particularly well. And I think we are going to cause more confusion than we will clarify things. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time?
The SpeakerThe SpeakerHonourable Member Weeks. Honour able Member, you have the floor.
Mr. Michael A. WeeksMr. Speaker, thank you. I do not agree with the previous Member because I personally feel that the Minister and the team that have been labouring to bring this legislation into the 21 st century have started out on a good foot. Now, to think that we are going to …
Mr. Speaker, thank you. I do not agree with the previous Member because I personally feel that the Minister and the team that have been labouring to bring this legislation into the 21 st century have started out on a good foot. Now, to think that we are going to please everybody one time, no, I think that is unrealistic. But the Minister has shown guts and courage to bring this legislation b ecause no matter which way it went, Mr. Speaker, it will definitely cause a little controversy. But to look at it, as far as it coming into the 21 st century, I noticed a few amendments that jumped out at me. I do not speak to all of them, but I know from personal experience when constituents have asked about them being terminated and the y had to fight and wait for their pay, these kinds of things are not isolated. These are some real situations that happen, Mr. Speaker. But also, when we talk about pr otection of employees, that is a direct consequence, in my humble opinion, of bringing th is legislation into the 21st century, because not only are these amendments here to discourage bullying and sexual harassment, we are in a more diverse society now, Mr. Speaker. So I think from a same- sex point of view, the differently -abled population, it is those kinds of people who will benefit from this kind of legislation, Mr. Speaker. And it is always good to speak for and try to protect, especially those stories that we all hear about, the special construction workers working sunrise to sunset and sometimes, a lot of times, at straight pay — straight pay; half hour for lunch; 15 minutes in the morning [and] 15 minutes in the evening; and it is a requirement of the job. So these kinds of amendments, again, will protect those who need protection, Mr. Speaker. So I do not want to, like I said, go down clause by clause, but generally speaking I definitely agree with the Minister and I support this Bill. We look forward to more amendments as we go. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? [Crosstalk]
Ms. Susan E. JacksonI would like to say a few words. Another Hon. Member: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP Jackson. I think I caught your voice first. Is that c orrect?
Ms. Susan E. JacksonThank you, Mr. Speaker. So, as I was reading the Employment Amendment Act, it seemed to me that there was some confusion or som e conflicts in some of the clauses as far as how it would work in real life. And I am looking at this a lot from …
Thank you, Mr. Speaker. So, as I was reading the Employment Amendment Act, it seemed to me that there was some confusion or som e conflicts in some of the clauses as far as how it would work in real life. And I am looking at this a lot from how the employee would manage through this. In the beginning, in one of the early clauses, it talks about how a person who is working somewher e and they have continuous employment, that when they get laid off it is still considered continuous employment. I do not know if the Minister can expand on this a little bit for seasonal workers. Does this now mean that if a seasonal worker is working ful l time that once the season is over their benefits will continue to be paid and they will not be considered as laid off? If that is the case, then for the employee are they now being exposed to the potential risk that they will not be given full time hours and that their hours will be cut just short of full time so that they are not considered in the continuous employment and therefore the em-ployer does not have to pay for the benefits throughout the off season? The other clause that I was interested in fi nding a little bit more about is the employer and whether the employer making the determination of an ind ependent contractor. So, if there is someone who let’s say (I am going to stick with the seasonal worker) starts their own small business in the constr uction i ndustry and they work with a particular large contractor and they are subcontracted to do the work, does this now mean that this large construction company is g oing to cut the employee’s hours so that they are considered an independent contractor? Because if they work more than the statutory hours and get paid for that, then they are considered an employee. Can the Minister give a little clarity around how that works, making the distinction between being an employee and being an independent contract or? And probably the more important clause that stood out for me was the bullying and sexual haras s324 11 December 2020 Official Hansard Report
Bermuda House of Assembly ment [clause]. We have had a number of examples in the community lately of sexual harassment, so the definition is becoming more clear in the public domain. You know, it is certainly something that I believe that many of these sort of corporate employers have within their policies, but it bears me to think about some of the other institutions that may be out there that may not have considered sexual harassment and bullying as part of their policies, and making sure that the employees who work there are aware of the cons equences [and] are aware of the definition. Certainly, when we think about in- care facil ities employees who may potentially be bullying our vulnerable, maybe senior citizens or those who are living with disabilities, where there may be bullying going on and how a sole employer of, let’s say, a caregiver or in a rest home environment or other, is going to be managed so that the reporting and the identification of when bullying and/or sexual haras sment is taking place that there are very clear guide-lines around how that process would take place. When I think about bullying, I consider things like whistleblowing and whether an employer is then going to inflict bullying upon somebody who is speaking their truth and what kind of next level of escalation an employee has if an employer is bullying them and they have to go one step higher than what an employment amendment Act policy may define. So I ju st want to make it very clear that we make sure that there is awareness in the community about what the definition of bullying and sexual harassment is [and] that people become empowered to speak up when they are experiencing these behav-iours within their employment setting. And that the employers take it seriously and do not feel as though if the employer can “fix it” (quote/unquote) then it is going to go away, but instead will give validation to this kind of behaviour and eradicate it in our community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak to this matter? Hon. Tinee Furbert: Mr. Speaker.
The SpeakerThe SpeakerYes, Minister Furbert. Yes. You have the floor. Hon. Tinee Furbert: Thank you, Mr. Speaker. I wanted to lend my support for the changes, the amendments to this Bill. Mr. Speaker, we have many employers out there who are not giving employees fair chances, and I believe that this legislation …
Yes, Minister Furbert. Yes. You have the floor. Hon. Tinee Furbert: Thank you, Mr. Speaker. I wanted to lend my support for the changes, the amendments to this Bill. Mr. Speaker, we have many employers out there who are not giving employees fair chances, and I believe that this legislation is a long time coming. The Minister has already explained that it has been on the books since 2014 in regard to changes. So that is some six years now that we have been waiting for changes to this piece of legislation . While I am sure if you peruse through the Employment Act, we can all agree that some more changes can be made, we are quite happy and su pportive of the changes that have been proposed here today. This Government’s Throne Speech speaks to rebuilding Berm uda with Bermudians at heart. So we want every Bermudian to know —every Bermudian who is employed —that we have gone that extra mile to provide some extra protection for you in the wor kplace. So this Act, Mr. Speaker, this amendment to this Act is about do ing right for the employee and also doing right by the employer. I do not know if any other MP has experienced constituents who may have gone through termination, particularly during this COVID -19 period. Well, my constituents who were impacted by terminat ion, you know, they would be upset and they would call me and they would say, MP, what are my rights? What are my rights? And so we would hope by bringing this legislation forward here today that this would give employees extra protection in our comm unity. I just want to speak to a couple of points wit hin this legislation. Many times employers would make verbal agreements to employees and throughout this document there are changes which speak to having something in writing. I think this is very important, that now we are mandating for things to be in writing i nstead of it just being a verbal agreement. I also just want to speak to . . . earlier this year, I believe, we changed the maternal benefit so that persons, women who were pregnant, have bene-fits im mediately. Right? Immediately. Where now we are providing the benefit of antenatal care immediately and I would hope that any pregnant woman would be very happy that we are making this amendment to this piece of legislation as it relates to that. The Mini ster pointed out how persons can now attend the funeral of a grandparent, great - grandparent, grandchild, great -grandchild. We recognise that we are now living in a sandwich generation and we have grandparents who are taking care of grandchildren and great -grandchildren. And I am assuming that employees would take the opportunity now to be able to go to a grandparent’s, or great - grandchild’s funeral, and hopefully an employer would be sensitive enough to allow them to do that given our close connection of fa milies that we have now. And so now this is actually in an Act so that the employee can be further protected, or given this as an option. And there is one more thing that I actually . . . yes, two more things, Mr. Speaker.
Bermuda House of Assembly We are making a change to the notice period for termination. There is a portion in the current E mployment Act which speaks to terminating. You should not terminate someone if they are absent for four weeks, which we are now changing it to six weeks. And I agree with this because as a t herapist, I would know and we would know, our community would know that in order to heal it usually takes a minimum of six to eight weeks for any sort of tissue damage or any sort of bone that breaks or any illness that you may be going through to have a h ealing period of six to eight weeks. So we increased it from four [weeks] to six weeks so, you know, I am sure persons and emplo yees in our community will be thankful that we have increased that period from four [weeks] to six weeks. I cannot leave without saying we support the probation period, as well as the sexual harassment and bullying policies that will now be required by every employer. You know, a lot of times we go into jobs and we are not fully supported with our probation p eriod where you are m eeting to find out how you are actually doing, and there is no written documentation to find out how you are doing and so you end up win ging it and you do not have that feedback from your employer. So now it is in the Act that this information has to be pr ovided to an employee, as well as having a sexual harassment an bullying policy. You know, you will see [currently] with social media [how] people [are] posting many bad things about people, particularly on the job. I remember seeing something a while ago where an employee had recorded a person who was visually impaired trying to do their work. And to me that was a form of bullying. And so I am hopeful, I am thankful that now we will be mandating these sorts of policies in the workplace, again, for the protection of our people. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak to this matter?
Some Hon. Members Some Hon. MembersYes, Mr. Speaker.
The SpeakerThe SpeakerI recognise the Honourable Member from . . . Honourable Member Simmons.
The SpeakerThe SpeakerI like that background with all that red in the bac k . . . there you go. [Laughter] Mr. Jamahl S. Simmons: Red for Somerset and red for Labour, Mr. Speaker.
The SpeakerThe SpeakerAll right! All the way around. You got the floor, sir.
Mr. Jamahl S. SimmonsThank you. Mr. Speaker, there was a saying that was going around the Internet a few years ago that said that the existence of child labour laws are a reminder that were it not for laws there are people in this world who would literally exploit children for profit. And …
Thank you. Mr. Speaker, there was a saying that was going around the Internet a few years ago that said that the existence of child labour laws are a reminder that were it not for laws there are people in this world who would literally exploit children for profit. And as we see in countries that do not have these laws, it continues to happen to this day. The reason why this is important is because in the absence of compassion and in the absence of m orality, capitalism and capitalists must be managed by laws. Throughout our history there has been oppos ition to changes, to reforms that progress the evolution of rights and standards for workers. That opposition has been loud. That opposition has been consistent. And globally, the messaging has been the same. When we look at child labour laws across the world, the first argument that was made is, This would force us to lose money. This would force us to close our doors. And what about the poor children who will no longer be able to make a living? When we ended slavery, the argument was that they would no longer be able to make a profit and that they would have to change their business model, and they were so aggrieved that in Bermuda they were able to [get] the British Government to pay them for the loss of slaves. Mr. Speaker, when the labour movement began in Bermuda it was a time when two or more people could not gather to discuss wages, to discuss hours, to discuss working conditions. That changed through the actions of the labour movement in Bermuda. It started and was really driven by Dr. E. F. Gordon, but continued, and the banner was carried by many other people in the labour movement. And throughout the period of progress and pushing for change, there were always people who said, I t is not the right time. It would be bad for business. It would be harmful to the economy. As a matter of fact, the Honourable former Member of this House, Mr. Walton Brown, the late great Walton Brown, in his book, he spoke about how the founding members of the Bermuda’s Workers Association [BWA] were intimidated, threatened and even people strove to bribe them to stop the progress of the labour movement. So when the Honourable Minister said in a statement to the media that there was opposition from the business community, I was not surprised. When the Opposition led off their response, the concerns that were laid out, I was not surprised, because this has been the pattern whenever the dial has been moved forward for progress. Mr. Speaker, it must be remembered that for every step forward, the people who pushed to have 326 11 December 2020 Official Hansard Report
Bermuda House of Assembly that progress happen, who pushed to make that pr ogress happen, are remembered. The people who o pposed it are lost in the dustbin of history. So history will always record that those who push for progress and push for change are on the right side of history. And so this legislation is part of a long legacy of moving the dial forward for our workers because in reality, without laws such as these and changes such as these, exploitation and harm to workers would continue indefinitely. Mr. Speaker, we should not be sur prised by the opposition, but I think that when we look at the work that has been done by the Minister and his team, and I think it is important to note the collaboration that he has had with the means to get to a place of agreement where they are satisfied, for the moment at least, that this will do the job it needs to do. We have to continue to push forward, however, Mr. Speaker, and let us not stop there. I encourage the Minister, I encourage the Cabinet to continue to press forward and reform our labour laws. Right now, Mr. Speaker, I will push an example. There are employers who have not paid their health insurance and pension. They have stolen from their employees. And this needs to be dealt with. It is a crime. It should be treated as a crime and the pena lty should be reflected of the fact that it is a crime. There are restaurants in this country, Mr. Speaker, who when you give gratuities and you assume it is going to be split among the workers, there are owners of restaurants who are pocketing- up a portion of the gratuities and leaving the scraps for the workers to divide amongst themselves. It has been outlawed in Britain. It has been outlawed in Canada and it should be outlawed here as well. Mr. Speaker, I am also aware of many employees who through . . . there are some instances where an employer will be challenged to pay their people on time and that is understandable and reasonable. There are other instances where employers have been irresponsible. They have been negligent. And they have taken advantage of the fact that people require their pay. There is a movement across the world for pushing for on- time pay for workers to be entitled to being paid on time. These are some of the things we need to be looking at. But we must not allow the work and th e passage of this Bill to represent an opportunity to pause and rest on our laurels. As a l abour party we must continue to push forward, continue to drive progress in this country in terms of how our workers are treated, how our people are treated, and continue to set the standard for how life in Bermuda should be for Bermudians. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes, thank you, Member. Did I hear a comment from another Member? Mr. Jarion R ichardson: Yes, a point of clarification for the last speaker —
The SpeakerThe SpeakerPoint of clarification? Yes. POINT OF CLARIFICATION
Mr. Jarion Richardson—for the Honourable Member. I was just wondering, was he equating our request, or our point that cert ain things are not termed rightly and not written up very well in legislation to be like the Atlantic slave trade?
The SpeakerThe SpeakerMember, would you like to respond to that?
Mr. Jamahl S. SimmonsI was expr essing the fact that the narrative and the language and the demeanour is very reflective of the arguments made against every bit of legal changes made to improve the condition of the worker. As Brand Nubian said: Nothing changed, it’s just another sequel The devil’s still [causing] …
The SpeakerThe SpeakerThank you. Would any other Member like to make a contribution as far as participating in this debate? Hon. Michael H. Dunkley: Yes, Mr. Speaker. An H on. Member: Mr. Speaker.
The SpeakerThe SpeakerOkay. MP Dunkley. Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to have the opportunity to participate i n this debate, the Employment Amendment (No. 2) Act 2020. Mr. Speaker, as I get into my comments, let me just harp back on some …
MP, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to have the opportunity to participate i n this debate, the Employment Amendment (No. 2) Act 2020. Mr. Speaker, as I get into my comments, let me just harp back on some of the comments from the last speaker, one of the MPs from the West End of the Island. Let me make it very clear, I know my colleagues and I do not support any employer who is delinquent in any way, whether it is in payments or gratuities, whether it is actual payments to staff, whether it is in payments of health insurance prem iums, whether it is payments of social insurance. This type of rot needs to be stamped out, Mr. Speaker. And so we support him 100 per cent.
Bermuda House of Assembly We do not support his going back in history and trying to cast my colleague in the slant that he did. It is unacceptable, Mr. Speaker. My colleague, the Opposition Whip, made comments which I thought hit the mark quite well and laid out the Bill. And I think they should be respected in that way. As it pertains to this Bill, Mr. Speaker, I appr eciate the Honourable Minister’s overview of it. It is laudable that we wil l always want to increase the benefits and protections. And I think there are two sides to this coin, Mr. Speaker. There are the benefits and the protections for the workers, but also there is the benefit and protection for the employers themselves. And so I was pleased in the year 2000 when the Emplo yment Act was first introduced, because it allowed a basis that could be operated from where all emplo yees and all employers understood the guidelines they had to follow. It allowed a blueprint for them to conduct their business in an appropriate way. And then with the advent of the statement of employment, Mr. Speaker, it allowed some clear understanding of when somebody was hired what was expected, how they would be remunerated, and how they were supposed to carry on with the relationship between the two parties. So, Mr. Speaker, I think this has been a good piece of legislation moving forward. Now, I will say, Mr. Speaker, as an employer, and I have been in business for some time now, and I have had a great deal of experience in the business, some really good experiences and some experiences that have been learning as I have gone along. It is very clear to me, and it has been for many, many years, Mr. Speaker, as we built the business, that employees are the most valuable part of any business that has employees. And I say that because, Mr. Speaker, you cannot do it by yourself, unless you are a one- man operation. Most businesses have an employee base that is crit ical to their business, and I think most business owners appreciate that and work in that vein to make sure it is a good partnership, Mr. Speaker. So, we come here tonight to debate some amendments to the Employment Act, which is noble. It is expected that there will be parts of the amendments that we wil l agree with, such as clause 5 on having a provision for bullying and sexual harassment. And it is expected that as an Opposition we have to question in other areas, Mr. Speaker. And those questions will come when we get more into Committee. The second poi nt that I would briefly like to speak to tonight, Mr. Speaker, is —and this goes to what the Opposition Whip said earlier when he lead off the debate on our behalf in the Opposition. Mr. Speaker, it is clear that the Employment Amendment (No. 2) Act 2020 wi ll place an increased burden on all businesses, large, medium and small. Now, Mr. Speaker, in reasonable times that burden can be accepted and worked around. But in these times, Mr. Speaker, when businesses are struggling, especially small and medium -sized businesses are struggling, in these times when COVID -19 has gripped our comm unity . . . and Mr. Speaker, I am not here laying any blame at any particular portion of this debate tonight. All I am stating is the simple fact that we have a large number of businesses locally that are really struggling, especially small and medium -sized businesses. Mr. Speaker, this amendment will come into play in June of 2021. And unfortunately, Mr. Speaker, I hate to say it, but I believe that it is a fact (many people in th is House will agree) that by June 2021 we will have a number of businesses go out of business because they just cannot make it anymore. That is an unfortunate sign of the times, Mr. Speaker. Now, Mr. Speaker, I think all of us know that when there is pres sure on businesses to stay viable, there is a scale of things that they can do to try to stay viable. You take every measure you can to keep your doors open. You take every measure you can to try to live to fight another day. You take every measure you can to grow your sales, to continue to become a vi able business, Mr. Speaker. And one of those measures that unfortunately businesses take when they have no other choice in going through their bus iness plan on how to save a business, one of those measures is they will try to reduce staff. They will cut back services, try to reduce staff and try to do it them-selves, Mr. Speaker. And that is the autonomy that happens when you go through a period when you are struggling and you are really trying to get back on your feet and your options become smaller and smaller and smaller, Mr. Speaker. And I say all of this in the context that here we are now, perhaps in the most critical period for our economy in business in my lifetime. I am 62 years old, Mr. Speaker, born i n 1958. And in that time, Mr. Speaker, we have seen a lot. We have seen some tremendous improvements. We have seen some setbacks along the way. But now, Mr. Speaker, this is the most trying time for our economy and our people of Bermuda. So here we come tonight with an Emplo yment Amendment Act, which is laudable, Mr. Speaker, but we must bear in mind that now is a very, very diff icult time for changes to the Act, especially that put more burden, Mr. Speaker, on the people of Bermuda and the businesses that run on this Island. So that is a fact that we cannot overlook. We must accept and be cognisant of that. Now, Mr. Speaker, the third point that I will make is that this Act will also be a significant admini strative burden, especially on small businesses. B ecause when you look at some of the clauses, and I will reflect on those in more detail when we come to Committee, such as the bullying and sexual haras sment clauses, those have to be well written with pro per wording to have the coverage that is anticipated to make it right. Now, I appreciate it can be done, Mr. Speaker, but it has to be done right or those bus inesses will not have an appropriate policy and a pol i328 11 December 2020 Official Hansard Report
Bermuda House of Assembly cy that can be used, or a policy that will get them into difficulties as we move forward. So it is an administr ative burden and businesses are going to need to get some advice and assistance to work through these in these struggling times, Mr. Speaker. So with those comments, Mr. Speaker, I look forward to having some more debate as we get into particular clauses in Committee. There are many clauses in here that I think are fully appropriate. But there are a number of clauses in here, Mr. Speaker, that in this very difficult time that we face–– and certainly I do not think as we sit here in Parliament today on December 11, 2020, we can realise how difficult it will be in January or any months going forward–– so we need to bear this in mind. The intent is noble, Mr. Speaker, but now it will cause a real difficult time not only for the bus inesses, but for the employees as well. So thank you for the opportunity to be part of this debate.
The SpeakerThe SpeakerThank you, MP. Does any other Member wish to make a contribution? I think Minister Ming had been trying to get in before. Minister Ming, are you still interested in ma king a contribution? Hon. Renee Ming: Yes, Mr. Speaker.
The SpeakerThe SpeakerMinister Ming, I believe you have the floor now. Hon. Renee Ming: Thank you, very much, Mr. Speaker. Mr. Speaker, this is one piece of legislation that in my entire time of being involved in politics I have been extremely passionate about. I know when I joined the Senate in …
Minister Ming, I believe you have the floor now. Hon. Renee Ming: Thank you, very much, Mr. Speaker. Mr. Speaker, this is one piece of legislation that in my entire time of being involved in politics I have been extremely passionate about. I know when I joined the Senate in 2012 and I started to really delve into legislation, I was shocked that in 2012 . . . I’m so rry, maybe more in 2013, that the Employment Act of 2000, was still the principal Act. There were no amendments; there had been no changes, no additions. And we are talking about legislation that is at-tached to employment. Employment in itself is dynamic, Mr. Speaker, and it is constantly ever -changing. So when you look at a piece of legislation such as this, I think I would have expected that there would have been many amendments over the years. Mr. Speaker, when I delve into the amendments that are put before me today, I see it as a pr otection. I see it as protectionist legislation for emplo yers and employees. Mr. Speaker, I think there is no one on our legislative body who does not have a clue about the financial struggles that we face as an Island. We are constantly reminded of the challenges that we have in fr ont of us. But what I find hard to accept is when my colleagues are saying that businesses are struggling and, you know, this is going to be so admi nistrative. I do not see that putting bullying and sexual harassment laws in place to protect people as being a financial burden. I actually think that this is something that we must do. Mr. Speaker, in 2019 we did an amendment and that is when we did the maternity and paternity [Employment (Maternity Leave Extension and Paternity Leave) Amendment Act 2019 ]. Wel l, it would be sensible now at this time that we are actually looking at the antenatal care because if a woman is pregnant then you could expect that she would need to go to a doctor and be cared for during that period, not just her but [also] the newborn baby. So that to me is again something that is needed. We are in 2020, and these are changes that we are [just] now adding? Mr. Speaker, the administrative part of this actually, if we go further into these amendments, in Schedule 1, it says to you the contents of what a bu llying and sexual harassment policy should have. So no one has huge administrative burden because the Minister, in his infinite wisdom, actually took care of that through the amendment that we have here in front of us today. I think somet imes we like to harp on the fina ncial struggles. Well, we already knew what the fina ncial struggles are, and we work every day to try and find solutions and to look at new ideas, more creative pillars to our economy to relieve that stress. But I ca nnot see or understand how putting in a bullying and sexual harassment policy, allowing someone to have food because you know it speaks to another part where if you continuously work for five hours you are entitled to have a meal. Antenatal thing . . . and then just the allowance specifying that if a grandparent, a great -grandparent and allowing you to go to the f uneral. Those things . . . and I know sometimes we just assume that persons would allow that. Like an employer would naturally allow that. And sometimes f or me, Mr. Speaker, I find it shameful that we have to legislate something that in our hearts we know is the right thing to do. So, Mr. Speaker, I am not even going to speak long, because much of what I feel about this legislation has already been said. A nd to me, a lot of this legislation kind of speaks to who we are as polit icians and what it is that we actually care for and about. The additional set to that is unfortunately, . . . and the reason why we are lawmakers here is because we cannot rely on people to do the right thing and so it is for that reason that we actually legislate. So, Mr. Speaker, I will say this here. I fully support this legislation. My colleague knows that I look forward to further amendments to this Act as we move on, and I will continue as I have to lobby for various parts of it. And I think that as we move forward the Employment Act will not be one that is almost 20 years without being [touched]. I believe that it is d ynamic. I think it has protections for the employees and empl oyers. And I look forward to strengthening this Act in years to come.
Bermuda House of Assembly Hon. N. H. Cole Simons: Mr. Speaker, point of order.
The SpeakerThe SpeakerPoint of order. We will take your point of order. POINT OF ORDER [Misleading] Hon. N. H. Cole Simons: The Minister i s misleading the House even though it may be unintentionally. If she looked at the consolidated laws, she would see that there are many amendments to the Employment …
The SpeakerThe SpeakerThank you. Minister, he is just bringing your attention to a technicality; that there have been amendments. Hon. Renee Ming: Thank you, Mr. Speaker. I believe the essence of my contribution today was there.
The SpeakerThe SpeakerThank you. Would any other Member wish to make a contribution at this time? No other Member s?
The SpeakerThe SpeakerYes, we can hear you, MP Famous.
Mr. Christopher FamousMr. Speaker, let me reiterate some things that I heard earlier today during this debate: This legislation is harmful to business. This legislation is going to cause confusion. This legislation is coming at not the best time. This legislation is not executed well. All from the Honourable Member from constituency …
Mr. Speaker, let me reiterate some things that I heard earlier today during this debate: This legislation is harmful to business. This legislation is going to cause confusion. This legislation is coming at not the best time. This legislation is not executed well. All from the Honourable Member from constituency 23, one of the newest Members of this House but already expounding the values —
The SpeakerThe SpeakerPoint of clarification. Point of clar ification, yes. POINT OF CLARIFICATION
Mr. Jarion RichardsonI think he was referring to my comment harmful to entrepreneurships, start -ups, and small businesses.
The SpeakerThe SpeakerOkay. Member, he made the clarific ation for you. You can continue.
Mr. Chr istopher FamousMr. Speaker, as the Honourable Member from constituency 33 said, we have heard this same philosophy for years. We have heard it for centuries. The Honourable Member from consti tuency 10 said that this is going to cost money or tie up administration to report bullying, to report sexual harassment. …
Mr. Speaker, as the Honourable Member from constituency 33 said, we have heard this same philosophy for years. We have heard it for centuries. The Honourable Member from consti tuency 10 said that this is going to cost money or tie up administration to report bullying, to report sexual harassment. So what is the option? Not report it? B ecause that is what he is inferring. Mr. Speaker, they also said that these — Hon. Michael H. Dunkley: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of o rder. POINT OF ORDER Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, the point of order is that the Honourable Member from constituency 11 is referring to my comment based around the fact that if you do not get the wording right, the clause will …
Point of o rder.
POINT OF ORDER
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, the point of order is that the Honourable Member from constituency 11 is referring to my comment based around the fact that if you do not get the wording right, the clause will be meaningless in the Act. Of course, everyone supports our fight against harassment and bullying, but if you do not get the wording right it does not mean anything in the Act. So, thanks for the clarity.
Mr. Chri stopher FamousMr. Speaker, I am really not surprised by what I have heard from those Ho nourable Members on the other side because this is the same party that during their brief tenure had various run-ins with the unions (plural) of Bermuda. Some of the M embers of that same party …
Mr. Speaker, I am really not surprised by what I have heard from those Ho nourable Members on the other side because this is the same party that during their brief tenure had various run-ins with the unions (plural) of Bermuda. Some of the M embers of that same party come from another party that has a long history of being anti -union, anti - workers. Let us take our minds back to 1981. That same party tried to destroy the unions in 1981. Anyway, Mr. Speaker, let’s talk about our party. We are not a liberal party. We are not a legislation party, although we get wrapped up in legislation. Even after today, we are not a legalisation party. We are a labour party, and often some of us even forget that we are a labour party. As a labour party it is our duty to continue to progress the rights of workers. It should not have taken until 2020 to have anti -bullying, anti - sexual harassment [addressed]. It should have been done years ago, but we are doing it now.
Mr. Scott PearmanPoint of order, Mr. Speaker. 330 11 December 2020 Official Hansard Report Bermuda House of Assembly Mr. Christopher Famous: Mr. Speaker, it is clear that the workers —
Mr. Christopher FamousI wonder which part of that was employment law. Mr. Speaker, it is clear that the workers of Bermuda have only one party to trust.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanThe Honourable Member is mi sleading the House. It in fact is employment law. It is the Human Rights Act 1981, it was specifically targeted to prevent antidiscrimination in the employment context.
Mr. Christopher FamousMr. Speaker, it is not in the Employment Act; hence, we are bringing it now. Mr. Speaker —
The SpeakerThe SpeakerIt has been added to the Employment Act but the point was that it has existed in other legi slation. But continue on.
Mr. Christopher FamousMr. Speaker, I am going to go further. You and I and others have been to islands which have no unions. None. Zero. It is not a pretty site. Workers can get instantly dismissed for no reason. They have no job security. They get bullied. They suffer with low wages, …
Mr. Speaker, I am going to go further. You and I and others have been to islands which have no unions. None. Zero. It is not a pretty site. Workers can get instantly dismissed for no reason. They have no job security. They get bullied. They suffer with low wages, some as low as US$6.00 per hour. And for the locals there is no immigration protection. Those workers in those islands, whether they be local workers or guest workers, envy what we have in Bermuda because we have strong unions. And out of those strong unions, the first union being the Bermuda Union of Teachers , and then the Bermuda Workers Association, and then the Bermuda Industrial Union was birthed by the Progressive Labour Party. Mr. Speaker, recently I saw a media headline that only sought to try to divide the Progressive La-bour Party against what we were borne out of, the unions. And like all families, we have disagreements at times. We have different perspectives. As a Go vernment you cannot have the same perspective as a union. As a Government you cannot have the same perspective as an Opposition. But at times we have to go behind closed doors and sort our business out. So I say to the Minister and the unions who have brought forth this anti -bullying and anti -sexual harassment consultation with the employer/employees during pr obation, I say thank you. And to those who would try to seek to divide us, I say do not waste your time. It will not ever happen. We will continue to dialogue with our family, our union family. We will continue to iron out differences because this party was formed for the most part to protect the rights of the workers on this Island. So, Mr. Speaker, in closing, I say to all the brothers and sisters in the unions, I say to the Mini sters, I say to my fellow MPs, united we stand, divided we fall. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Famous. Does any other Member wish to make a contribution to this debate at this time? Any other Member?
The SpeakerThe SpeakerYes. MP Pearman. MP Pearman, you can make your contribution.
Mr. Scott PearmanThank you, Mr. Speaker. I want to pick up where the last speaker left off. I just jotted down what he was saying, so it is a direct quote, with your leave.
Mr. Scott PearmanHe said, “We have to go behind closed doors and sort our business out.” (quote/unquote) Mr. Speaker, I want to take a slightly different approach to this Bill, because it is not so much the content th at I wish to discuss but the overarching aspect of what the Honourable …
He said, “We have to go behind closed doors and sort our business out.” (quote/unquote) Mr. Speaker, I want to take a slightly different approach to this Bill, because it is not so much the content th at I wish to discuss but the overarching aspect of what the Honourable Member was just talking about, whether when one tries to pass laws for Bermuda and Bermudians, one has a choice. Either you can do as he suggests, which is to go b ehind closed doors and sort our business out, or you can adopt transparency. You can try and—
Mr. Christopher FamousLet no one divide the u nions and the PLP. We will go behind closed doors and sort our business out. It is not your business; it is our business .
Mr. Scott Pearman[At the risk of] irritating, MP Ty rrell, I will suggest that that is not a point of order. [Inaudible interjection]
Mr. Scott PearmanNo, no. MP Tyrrell is the one who does not like the expression “not a point of order.” Anyway, you have a choice. You can go behind closed doors and sort business out, or you can try and legislate with tr ansparency. And let me take a quick detour before …
No, no. MP Tyrrell is the one who does not like the expression “not a point of order.” Anyway, you have a choice. You can go behind closed doors and sort business out, or you can try and legislate with tr ansparency. And let me take a quick detour before I get to the Employment Act, Mr. Speaker, and go via another Act that we talked about earlier in the summer, which is the Statutory Instruments Act 1977. Why am I talking about that Act? Well, most people understand that it is Parliament that passes the law. We are elected to the House and there are people in the Senate, and we pass the laws of the Island and we try as best we can to reflect the interests of all Bermudians. But there is also another type of law that impacts upon Bermudians. And the tec hnical name for it is “delegated legislation.” And this encompasses statutory instruments, regulations, or-ders. But for all of those listening out there who are not lawyers, what it means is Parliament picks so meone else, not a parliamentarian, and says, In certain circumstances we will let you (this other person) make the laws. We will delegate the power to make laws to you. And in any democracy, Mr. Speaker, you want to make sure that this delegated power is used as sparingly as possible, as infrequently as possible, b ecause it is not that person over there. Let’s just call him “Mr. X.” It is not Mr. X that the people of Bermuda elected to make laws. They elected each and every parliamentarian in the House. And so when we as a Parliament allow for these delegated legislations to be done by Mr. X in our name, we need to be very car eful. The way most modern democracies deal with this, because it is a practicality, is to invite any legisl ation, delegated legislat ion, passed by Mr. X in our name, come back before the House of Parliament, for scrutiny. And that makes eminent good sense b ecause Mr. X is trying to do the best that he (or it could be Mrs. X) or she is doing and they are passing the regulation or the st atutory instrument, but they may not get it right and they may not reflect the will of the House, and they may not reflect the Senate and the Parliament as a whole. And that is why we have Par-liamentary scrutiny. It is the Statutory Instruments Act 1977 w hich by section 6 requires any of this delegated legislation by Mr. X to come back before the House so that we, the elected MPs, can exercise scrutiny over the del egated laws being made by Mr. X or Mrs. X in our name. But it is possible —it is possible —for the Stat utory Instruments Act to be subverted, to be circumvented, to be bypassed where an Act says expressly that it will not apply. And where that is said, that has got to be a pretty rare instance, I suggest, Mr. Speak-er, because it is really saying we will allow this law, this baby law, to be passed in Parliament’s name but we will not bring it back to Parliament to have it scrut inised. And so it has to kind of be an emergency power or some law that really justifies not bringing it back to Parliament for scrutiny. And yet, in the Bill before the House tonight, we see on two occasions that the Statutory Instr uments Act 1977 in section 6 is expressly bypassed. So on two occasions in the Bill before the House t onight we are being asked to vote for legislat ion where an individual, Mr. X, can go off and do things in our name and they do not even have to come back to the House for us to consider and debate. And in my respectful submission, that is not transparent legislation. And it is not a good idea. And if you are going to do it, you have to ask , Well, why are we doing this? Why the need for secrecy? Why the need to bypass a statutory safeguard? Why the need to avoid Parliamentary scrutiny? And yet at clause 3 of this Bill, we see expressly that, “Section 6 of the Statutory Instruments Act 1977 shall not apply to any guidance issued or revised under this section.” And what is this section? Well, this section is gui dance that the manager of labour relations can pass about who is or who is not — Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Walter H. Roban: Clarification. Is the Honour able Member discussing specific clauses of the Bill? Isn’t this the general debate where we discuss the general purpose of the Bill? 332 11 December 2020 Official Hansard Report Bermuda House of Assembly An Hon. Member: …
The SpeakerThe SpeakerThank you. Member, just be mindful that this is the general debate.
Mr. Scott PearmanIt is the general debate and the point I am making is that n ot once but twice in this Bill we find the Statutory Instruments Act bypassed. We find an express attack on parliamentary scrutiny. By not allowing Parliament to reconsider things that the manager of labour relations may …
It is the general debate and the point I am making is that n ot once but twice in this Bill we find the Statutory Instruments Act bypassed. We find an express attack on parliamentary scrutiny. By not allowing Parliament to reconsider things that the manager of labour relations may do in our name as to whether or not —
Hon. Walter H. Roban: Mr. Speaker. Mr. Speaker, point of order again.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Walter H. Roban: The Member is referencing specific clauses in the Bill and we are in the general debate. Those are points he can r aise during the clause by clause in Committee, certainly. If he has questions about transparency or the lawfulness …
Mr. Scott PearmanThank you, Mr. Speaker, I will press on with the po int I am making in debate— as I believe I am entitled to do —which is that this is a bad idea, and it makes for bad law because it is removing parliamentary scrutiny from decisions by the manager …
Thank you, Mr. Speaker, I will press on with the po int I am making in debate— as I believe I am entitled to do —which is that this is a bad idea, and it makes for bad law because it is removing parliamentary scrutiny from decisions by the manager of labour relations as to who in Bermuda is or is not an emplo yee. And I am referencing the clause so that it is not said that I am just making this up on the hoof. Likewise, it appears a second time in the Bill. It a ppears in clause 7. And there at the bottom of clause 7 we see “ Section 6 of the Statutory Instruments Act 1977 shall not apply to an order under subsection (4) .” So, again . . . and this relates to the provision of harassment policy. And that is a good thing. We support that. But the idea that this can be changed unilaterally, without having to come bac k to Parli ament for a debate, either under the affirmative or the negative resolution, as we saw earlier today in anot her Bill . . . we looked at this and the Minister for Transport observed how parliamentary scrutiny was being observed, where he was going to make regul ations about ships. Well, if we are going to make regulations about ships, and have to come back to the House so that there can be a debate on delegated legislation, done in the name of Parliament, well, why, I ask, and I ask the Minister expressly so he can a n-swer it, do we on two occasions in this Bill seek to exclude parliamentary scrutiny? I appreciate that this is a slightly different tack, Mr. Speaker. There are matters that I would like to raise separately about specifics in the Bill in Commi ttee, and will do so. But, again, I just do not understand why we need (to quote MP Famous) “to go behind closed doors and sort our business out.” Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Honourable Member wish to make a contribution at this time? Any other Member?
The SpeakerThe SpeakerOkay. Deputy. Deputy Premier. Hon. Walter H. Roban: Thank you, Mr. Speaker, for the opportunity to participate in this debate on this legislation. Much has been said already on which I will not go back over in any in- depth way because certai nly Members of the Government have made …
Okay. Deputy. Deputy Premier. Hon. Walter H. Roban: Thank you, Mr. Speaker, for the opportunity to participate in this debate on this legislation. Much has been said already on which I will not go back over in any in- depth way because certai nly Members of the Government have made it clear about the upcoming legislation which has been pr esented by the Honourable Minister, Jason Hayward, Minister for Labour, Member for constituency 17. I am grateful and I have immense gratitude to the Minister for bringing this legislation, for the work on t his legisl ation, certainly within this administration. He is carrying a ball, a very honourable and noble ball, which was perhaps started under our administration shaped by the late Minister Walton Brown, then certainly by Mi nister Lovitta Foggo, a former labour Minister. And now we have the Minister Jason Hayward. As I said, I have immense gratitude to him for continuing the work and finalising work that is many years in the making. And I am not just talking about the seven years, Mr. Speaker, but I am tal king about the work of decades — decades of advocacy, decades of lobbying, decades of ambition by many interested in this country to see that the workers were given their rights and were essentially given protection and dignity. I think we have to understand this legislation for what it represents in its totality. Not just these amendments but the body of legislation extending from the Employment Act and the associated Acts that will be impacted by the changes in the Act. This Act is a part of the endeavour t o ensure that the quality and experience of the workplace is healthy and fair for all. This Act does not deal necessarily with wages and
Bermuda House of Assembly remuneration in the essence, it deals with creating a framework to ensure that the quality and the exper ience of work i s wholesome, fair and healthy for all. And this has not been a recent phenomenon. This is the work of decades. [NO AUDIO ]
An Hon. Member An Hon. MemberMr. Speaker, the Member seems to be muted. Another Hon. Member: The Deputy muted himself. Hon. Walter H. Roban: I did not know I had done that. Sorry about that. Thank you, Members, for pointing that out. The body of this legislation represents a long, long effort that goes back …
Mr. Speaker, the Member seems to be muted. Another Hon. Member: The Deputy muted himself.
Hon. Walter H. Roban: I did not know I had done that. Sorry about that. Thank you, Members, for pointing that out. The body of this legislation represents a long, long effort that goes back decades around the sha ping of the experience of workers and those who repr esent workers . The labour administration in Bermuda goes back to the 1940s. Most of the active legislation that we have now goes back to the mid- 1960s. And most of the legislation that is the underpinning founda-tion for labour and for trade unionism and employees . . . and I say most of it, not all of it, was passed prior to 1998. And one might argue, Mr. Speaker, that prior to 1998 Bermuda did not easily have a worker -friendly environment. Even though the legislation that was in at that time was operative and you, Mr. Speaker, would have experience with much of that legislation and even some of the passing of some of the Bills that make up this framework, it was not necessarily written in a way that was really friendly or balanced toward labour and the representatives of labour. It was written to manage the labour environment but it was not necessarily legislation that brought fairness to the labour environment. When you look at the body of legislation the Trade Disputes Act , the Trade Union Act 1965, the Trade Disputes Act 1975, all of those bodies of legi slation . . . and I may be misquoting some of the titles, but I think you get the picture, Mr. Speaker. So, the Employment Act itself in its origin . . . and I do remember, I was not of course in Parliament, but I was an active member of the political environment at the time. I remember some of the ongoing discussions and debates that worked up to the E mployment Act itself, the original Act upon which the body of legislation that the Honourable Minister Mr. Hayward is bringing. And there was much of the same sort of angst around that from employers about the impact it would make on probability of business and the work environment for business, despite the fact that anyone who did not have the benefit of a collective bar gaining agreement negotiated by a labour organisation upon which they were members, literally had no rights prior to the Employment Act. They had no protection prior to that. And some of the same arguments we have heard tonight from Members opposite were the substance of those discussions then, as I remember them. And perhaps, Mr. Speaker, you might recollect them as well. The essence of some of their arguments and hesitancies and concerns were a part of it then, but they were also part of previous discuss ions around the rights of labour. But the Employment Act was one of the first major milestones of legislation that actually sought to bring balance and improvement in the quality of the experience of work in Bermuda to those who did not have the benefit of a union. And as an Honourable Member prior to me said, we are a labour party. So those issues have always been to the top of our agenda. And I even remember the unions themselves having some concerns about the Employment Act b ecause of the environment that they had been accustomed to. And they raised their concerns. But it is very interesting that the Honourable Member who preceded myself speaking talked about transparency, and even alleged to some degree that the comments of the Honourable Member who speaks for constituency 11 suggested something else other than the fact that often groups in their own effort at advocacy . . . and advocacy is also part of democracy. Perhaps, the Honourable and Learned Member, Mr. Pearman, does forget that advocacy whether i nside a room or outside is also a part of the democratic pr ocess. Advocacy is a democratic function in itself whether you do it inside or outside where everybody can see. And I am sure that he, working for a reput able organisation in the country, understands what a dvocacy means. It does not mean when you do not do it outside in the light of public scrutiny that it is u ndemocratic or unfair, or somehow disadvantaging. Because law firms and banks and business and other organisations do plenty of advocacy behind doors that impact our daily lives and we have no opportunity to influence it. So, unions just like every other organisation have the right to advocacy on issues upon which they are sensitive to their membership and who they repr esent whether it is done inside or outside, if we believe in advocacy being a part of the democratic process. But, Mr. Speaker, the continuing work to advance the position of workers is organic. It is nothing that is ever going to be perfect because the nature of work in l abour c hanges with time. The issues which pertained to workers back in the 1960s and 1970s have evolved since then, and we are now in the 2000s. They are very different now from those who were working then. And it is important that as a Government that stands for labour we continuously go through this process of re-evaluating the quality and experience of all within the labour market and the relationships that make up the work environment between employee and employer. That is an ongoing effort; it does not ever s top. 334 11 December 2020 Official Hansard Report
Bermuda House of Assembly I again applaud the Honourable Member for bringing these substantive changes to the table to this House to be debated and to hopefully be passed, because they are long overdue. And one of the reasons I would suggest that we have not seen as many amend ments to the Employment Act and some other related Acts since 2000 is that it is not a logical pr ocess, it has some emotion and there is significant i nterest involved, and special interest and other issues around it which make that process complicated. And often issues that back in 2000s or in 1999 seemed to be monumental great milestones then, now seem to be, Oh, well, we can now make . . . people now see it as being quite, Yes, we should definitely do that. But back in 2000, it was seen to be perhaps oner ous. So the labour environment evolves. The changes that are needed to improve it evolve. Issues that perhaps back in 2000 were not seen as being significant then are now seen as significant. And this body of legislation, in my view, and I of course support the legislation, is meant to continue that evolution. It is to bring things that have not been given as much attention in the past the attention and treatment that they deserve, to improve the quality and experience of the work environment for employees and employers. And many of the changes that we make are consistent with what is understood internationally from ILO Conventions and other things. We draw reference from that, from international best practice. Many countries, some of the practices that we are only just putting in place have been in place for decades and we see even from their experience how they complement the experience and productivity and relationship within the employee/employer environment. So, Mr. Speaker, we will be back again with more change because this is not a staid and fixed si tuation. The environment of the worker and emplo yee/employer continues to evolve. As our economy changes, as the nature of work changes, as we move perhaps to a more remote work environment there may be i ssues that arise from just this transformation to a more virtual employment world, [which] means that we will have to come back again and make sure that we are dealing with issues that have arisen as a result of that, of the preponderance of the workers now actually having to work virtually. There are labour issues that might arise where we have to ensure that the employment legislation and other corresponding and associate legislation are given attention. And I look forward to the Labour Minister, Mr. Hayward, taking note of any of those issues and bringing it back to the House just as he has brought this body of legislation to the House. And I congrat ulate him, I congratulate his predecessors who also did their hard work —Lovitta Foggo, again, and the late Walter Brown for the work. I appreciate and very much give honour to Minister Hayward for bringing this and all that comes with it to this House to ensure that we continue to improve the work environment for all workers in Bermuda, the employment environm ent for all who have the opportunity to work. We should see it as an honour to have the opportunity to work in Bermuda and benefit from the quality and the protections and the nature and positiv ity of a career in the work environment in Bermuda. And it is important that we in this Legislature do ever ything we can to continue that, because that is what makes Bermuda a place of opportunity, a place that will grow and develop as our economy continues to evolve in the post pandemic world. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. Would any other Member like to speak on this matter? Would any other Member?
The SpeakerThe SpeakerMP Swan, you have the floor.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. I am in a fixed location now. Thank you very much. I appreciate the Minister bringing the E mployment Amendment (No. 2) Act 2020 today. And, Mr. Speaker, it is always the time to do the right thing. There is never a wrong time to do …
Thank you, Mr. Speaker. I am in a fixed location now. Thank you very much. I appreciate the Minister bringing the E mployment Amendment (No. 2) Act 2020 today. And, Mr. Speaker, it is always the time to do the right thing. There is never a wrong time to do the right thing. And when we look at the climate in which we are faced with in 2020, Mr. Speaker, things such as bullying and [sexual] harassment could very well be ripe to happen because of the uncerta inty and chaos that exists wit hin the global workplace. And because we are navigating through a pandemic, the likes of which the world has never seen, and Bermuda is having to grapple with the lan dscape and the goalposts being moved around, good guiding principles of fairness and equity are not outdated and need to be modernised. It is the right thing to do. Mr. Speaker, I just want to put a human face to these situations because I am reminded of a con-stituent who passed in September who did not get a chance to vote. I am thinking of the late Mr. Richard Allen, who since March I saw every weekend and talked to and who I had many conversations with about something he took to his grave. And, you know, Mr. Speaker, I had begun to try to work on a concern that he had. And it focused around his employment. Without getting into too many specifics about his circumstances, I would venture to say that there are persons out there who have been on the wrong side of situations who found themselves no longer employed w ho would prefer to be out there working, who, Mr. Speaker, would benefit from legislation such
Bermuda House of Assembly as this today and legislation that will come in the f uture for the good of the society that we operate in. And do you know that when someone is wronged and they just cannot prove it so, [because] they do not have the resources to go to a lawyer or the like, it is a painful circumstance. So when the PLP Government, the Progressive Labour Party Government sees fit to put in place legislation such as this, it is an example of where one is putting people first. As a business person and one who has been responsible for employing people, I know very well the importance of businesses being viable and being sustainable. But I also know, Mr. Speaker, that there are those w ho are so driven by the bottom line that they would run roughshod over the rights of people if it meant that their objective, their mandate, their bottom line looks better. Why else would you have millions of unpaid monies into person’s portions of pensions and the like take place? Why would companies opt to vo luntarily wind- up with workers out there trying to find out how they are going to get their benefits, and the company is wound- up and the people, [the owners] decided to go live somewhere else, and left [the wor kers] hanging? That is the face of these situations. Those are the people. Do you know what you call those people, Mr. Speaker? You call them con-stituents. You call them Bermudians. You call them workers. Mr. Speaker, even in 2020 I saw an ad f or a job in my community that concerned me when the ad made reference to unions, and it was not favourable. And I am here to say, where would we be without trade unionism in Bermuda? Mr. Speaker, I remember even in the early 1980s, as was referenced by pre vious speakers, the benefactors of the marches that took place were a lot of times non- unionised persons. You know, persons who when the unions came out with the collective bargaining agreements and the wage scales were laid out (whether or not they be for apprentice grade 1, or apprentice grade 2, or apprentice grade 3, or appren-tice grade 4), private businesses used that as a reference model. When the PS scales and PS 21, PS 32, when all of those different PS scales came out, it be-came a reference point f or businesses in the private sector, when benefits were fought for by the unions in this country. Within the 50 years since the 1968 new Co nstitution Order from Britain that was ratified in 1966, workers’ rights were fought for that made it possible for B ermudians who were not unionised to enjoy more privileges, more rights. So as it relates to the E mployment Act, which was introduced at the turn of the century, Mr. Speaker, there was another occasion where persons who were not in a formalised work had a benchmark by which to govern themselves, both employee and employer, dare I say. But in the modern context of things, I am duty - bound, Mr. Speaker, to draw attention to the fact that in our country there are many people who are out there working, hustling, trying to make some money to pay the bills, because the majority of people in this country do not want to be on any type of aid. They really don’t. I know many of them, Mr. Speaker, and they would prefer to be working and earning because with that comes the choice and the right to be able to do as one would please. And whilst that feeling is not universal, it is in a great [majority], Mr. Speaker. So there are many people out there, and I declare my interest, I was a person at a period of time, Mr. Speaker (and not too far in the past), who had to work three and four different types of employment to make ends meet. And there are a lot of people out there in that situation continuing today, so I have great empathy for them and I have a responsibility to bring their plight to the fore, Mr. Speaker. Many persons here are trying to do maybe do a little fishing here. You know, teach a little golf over there. You know, do a little side hustle over here. And so the struggle continues because there are persons out there who have formalised businesses who will contract out persons and tell them, Okay, you take responsibility for all those additional things that I would have to do if I formally hired you and I contract out a few persons. And that is very popular today , Mr. Speaker, and it speaks to a whole new dynamic. So these are the types of things that our Government will certainly look at. And certainly as the L abour Minister is looking at all types of employment challenges that get presented to him, given the ci rcumstances of the pandemic and having to help people meet their needs through no fault of their own. And being a person who is well trained in understanding statistical data, I have every confidence that some of these challenges . . . we will be careful as to how they can be addressed. But, Mr. Speaker, let us not just look to quant ify legislation as to what the impediment would be or perceive to be. Let us look at the why’s. Why is it nec-essary? It is necessary because bullying and sexual harassment and unfair employment practices as they relate to probation periods are real. So it has to be addressed in a way. Will it be the absolute? No! There is no absolute. But you do what is necessary to i mprove the lot, and that is what we are doing. And the naysaye rs will present arguments to the contrary. But I certainly believe that all, even any naysayer would have to appreciate that when you are looking at ma king laws in place that make it fairer in an ever -evolving world, it is the right thing to do. And now is a good time to do the right thing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution to this debate? No other Member. Minister, would you like to wrap us up and take us to C ommittee? 336 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: Good evening …
The SpeakerThe SpeakerGood evening, Minister. Hon. Jason Hayward: I am somewhat disappointed in terms of how the conversation has been framed tonight around what we are doing here. Because it almost seems —I heard some Members talking about this is a burden on employers. What we are aiming to do is increase …
Good evening, Minister. Hon. Jason Hayward: I am somewhat disappointed in terms of how the conversation has been framed tonight around what we are doing here. Because it almost seems —I heard some Members talking about this is a burden on employers. What we are aiming to do is increase accountability and responsibility of per-sons who operate establishments. Accountability and responsibility, Mr. Speaker, equals ownership. Bus iness owners have an obligation to have a decent work environment for their employees. They have an obl igation to ensure their workers are protected, they are in dignified environments, that they have rights, that they are not abused. Because individuals do not voluntarily do these things on their own, governments have to pr ovide intervention with legislation. This employment legisla tion is the Government seeking to promote decent work environments —bottom line. When l listened to Members speak from the Opposi tion, I have heard very little in terms of the people- centred approach, the persons whose lives will be qualitatively impacted from these changes. There was a question regarding independent contractor and whether or not one’s work hours define whether or n ot that person is an independent contractor or not. Let me just give a realistic scenario. Employees in a work establishment on Friday have employment contracts, as employees. On Monday they show up to work and the employer issues them a contract, an independent contractor vendor contract. They do the same work. They wear the same uniform. They sit to the same computer. The only thing different now is that the employer does not have to pay any benefits for those employees. That is wrong, Mr. Speaker. And we must put an end to it. And so this is what we are seeking to do. We want to have the Labour Relations Manager look at the situation and issue guidance on whether or not those persons are actually independent contractors, or should they be classified as employees? There is nothing nefarious about the Labour Relations Manag-er’s issuing guidance, Mr. Speaker. The Member may not know, but the guidance would have to go through the Labour Advisory Council. And the Labour Advisory Council will decide on the prov isions in those gui dance notes. And that is a body made up of employers and employee representatives and the government. And so we will come to a common understanding on what those guidance notes [will] actually look like. But it is not one- size-fits-all. And so the L abour Relations Manager must have some level of di scretion in terms of how she looks at the situation, handles a complaint and then issues guidance on whether or not that person is deemed to be an em-ployee or not. Because when that person does not have any benefits, most times they go without health care, most times they go without pension or social insurance. And then the person retires and has not hing to fall back on. What we are trying to do is protect people, Mr. Speaker. When we look at the requirement to issue meal breaks after five hours of continuous work, it is a shame that we have to write that now into somebody’s employment contract. Because persons are not afforded the right to meal breaks. If the Labour Depar tment were not receivi ng complaints, we would not be enacting this in legislation. This is not a financial burden. This is not about being a financial burden for employers. This is about ensuring that people have decent and dignified work environments. When it comes to workplace bullying and harassment and sexual harassment, the Learned Mem-ber Pearman is right. It is found in another piece of legislation , the Human Rights Act. So why would we lift the clause, the requirement out of the Human Rights Act and move it into the Empl oyment Act? The problem was that persons were experiencing haras sment in the workplace, including sexual harassment. When they made a complaint underneath the Human Rights Act, they had to justify or explain or prove that the bullying and harassment was done on the grounds of one of those discriminatory factors. Putting it in the Employment Act you just simply just have to prove that the situation took place. It is a progressive way forward to ensure that every employer has zero tolerance against violence, harassment, sexual haras sment in the world of work. In its alignment with where the world is moving, the ILO [International Labour O rganization] recently passed a convention, Convention 190, which actually speaks to countries’ moving in this particular dir ection. MP Dunkley had a good point in terms of, You must get those policies right and the requirements for small business to have the capacity to put those pol icies in place. What I would say is that the Labour R elations Section of the Government will be drawing up draft policies for employers to adopt and implement. And so we will do the heavy lifting in that regard. And hopefully, this helps the many small businesses that do not necessarily have the capacity to draft their own policies. But I did a lot of work around bullying and harassment in Bermuda. When I was the President of the Bermuda Public Service Union, I was also the BPSU’s Rapid Response Liaison. Mr. Speaker, that meant that I was the primary point person for bullying and harassment complaints in the organisation. I had grown men and women sit on my couch and cry because of the way they were treated in the workplace. [These were] people on anxiety pills, people on depression pills, people who suffered from weight loss, people who suffered fro m weight gain. Mr. Speaker, I have had persons tell me that they are prepared to
Bermuda House of Assembly escape this world based on the way they were treated in the workplace. I have had persons tell me that they were abused at home, and then going to work and having to relive abuse by their colleagues because they fall outside a workplace clique. It is real. And we must take a strong stance against it. I do not want to hear anything about an employer’s burden. Life is too precious for somebody to have to come to work every day and endure negative behaviour. And then we talk about sexual harassment in the workplace. It should be a no- go zone at all times. But what I have learnt through my studies is that it is based on two factors: (1) an individual who cannot control their sexual desire; and (2) individuals who abuse their positions of power. And so this is about protecting the person who will not necessarily be able to protect themselves, to raise awareness about the negative behaviour. And hopefully, more people [will] speak up and those people will be pr otected underneath this stricter legislation. Mr. Speaker, those things about putting in place upper mechanisms for probation, it is only right. Then we look at how we look at unsatisfactory performance, having progressive disci pline in place. I do not find these things burdensome. These improve the work environment. Improved work environments i ncrease employee morale. Increased employee morale leads to increased productivity. Increased productivity leads to greater bottom lines for businesses. Greater bottom line for businesses equals economic growth for our economy, Mr. Speaker. We have to start from the bottom; it is all interlinked to the top. And so I am pleased to usher through these changes to our Employment Act. These are the first - ever changes. The second set of changes to our E mployment Act will come later when I am discussing the Trade Union and Labour Relations (Consolidation) Act, which Schedule 7 of that Act has additional changes to the Employment Act. It also gives the Labour Relations Manager a bit more control in terms of compliance of our labour laws. And civil penalties, holding people accountable for when they break our laws. And so we are strengthening our regime, and this will undoubtedly improve the lives of many in our country. Mr. Speaker, I now move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy, are you connected? It is good to see you there again. Hon. Derrick V. Burgess, Sr.: I am connected back up, sir.
The SpeakerThe SpeakerAll right . Deputy, will you take us into Committee? House in Committee at 8:14 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL EMPLOYMENT AMENDMENT (NO. 2) ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Employment Amendment (No. 2) Act 2020 . Minister Hayward, you have the floor. Hon. Jason Hayward: Mr. Chairman, this B ill seeks to amend the Employment Act 2000 (the principal Act) …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled Employment Amendment (No. 2) Act 2020 . Minister Hayward, you have the floor. Hon. Jason Hayward: Mr. Chairman, this B ill seeks to amend the Employment Act 2000 (the principal Act) and make related amendments. Mr. Chairman, can I move clauses 1 through 5?
The ChairmanChairmanYes, continue. Hon. Jason Hayward: Clause 1 is the citation of the Bill. Clause 2 amends section 3 of the principal Act by inserting new definitions. Clause 3 amends section 4 of the principal Act to enable the Labour Relations Manager to issue guidance for the purposes of determining whether …
Yes, continue. Hon. Jason Hayward: Clause 1 is the citation of the Bill. Clause 2 amends section 3 of the principal Act by inserting new definitions. Clause 3 amends section 4 of the principal Act to enable the Labour Relations Manager to issue guidance for the purposes of determining whether a relationship more closely resembles that of an employee than an independent contractor. Clause 4 amends section 5 of the principal Act to provide expressly that an employee’s period of continuous employment shall be deemed to include any period of layoff. Clause 5 amends section 6 of the principal Act to in clude in the statement of employment the e ntitlement of rest days and meal breaks; the entitlement of overtime pay or hours in lieu; any work permit - related conditions and restrictions; and the existence of the employer’s written policy against bullying and sexual harassment in the workplace.
The ChairmanChairmanThank you, Minister. Are there any further speakers? [Crosstalk]
The ChairmanChairmanRichardson! I am sorry. I thought you said Pearman. 338 11 December 2020 Official Hansard Report Bermuda House of Assembly Mr. Jarion Richardson: Yes. I would like to bring to the Minister’s attention clause 3(a) as it relates to [proposed subsection (2A)] “(2A) For the purposes of determining . . …
Richardson! I am sorry. I thought you said Pearman.
338 11 December 2020 Official Hansard Report
Bermuda House of Assembly Mr. Jarion Richardson: Yes. I would like to bring to the Minister’s attention clause 3(a) as it relates to [proposed subsection (2A)] “(2A) For the purposes of determining . . . whether a relationship more closely resembles that of an employee than an independent contractor . . . .” This is an area where I think we could run into trouble, Mr. Chairman. The reason is because a lot of independent contractors work, for exam ple, on a construction site for a certain length of time and they go from different places, right? They have their own tools ; they have their own truck and things like that. So I am raising a concern that what this will enable is that, should the guidance be drafted and then they get determined to be employees, it might disadvantage them in two instances, Mr. Chairman. The first would be that the person who contracted them would turn around and think, Well, I have to absorb all of this cost, so I would jus t prefer not to use you. Right? So they would lose that job, which is one of many they would be losing. And I think the point from the Honourable Member from constituency 2 is that hustling is part of our sort of great traditions. Some people have had more than one job and mov e from place to place. So I am concerned that what [might happen] by our doing this is that the manager might turn around and make it disadvantageous for them to have that arrangement. I take his point that it cuts two ways, though, and employers could abuse this provision. So I would urge caution around this, especially in the drafting. And I think my colleagues later on will talk about that. Yes. So that is on clause 3, Mr. Chairman. On clause 5, talking about “where the employment is pursuant to a work permit,” I am not sure if this works. When an offer of employment is made to an overseas person, it is obviously contingent on the work permit. But typically, you do not yet have the work permit. You know, you have to make the applic ation. And with the application there is a statement of employment. So you will not actually know when you offer, when you put that toward the potential, the date of issue, date of expiration. The wording “any employment -related conditions” means basically ever ything. I mean, that would be a forever -and-ever doc ument. And “any immigration restrictions set out in the work permit . . . .” So you would not actually know any of that when you actually put the offer forward. And then, presumably the permit comes t hrough, and then you put it into the contract. But one thing worth noting is that the work permit is supreme over the contract. So if there is actually a breach or anything like that in the permit, then that contract simply is not sustainable. So the work permit is already supreme. And I think this is an administrative burden that, in essence, would just co mplicate the process. The permit already is supreme over the contract. That is it for me for clauses 1 through 5. Thank you, Mr. Chairman. The Chairm an: Thank you, Honourable Member. Any other speakers?
Mr. Scott PearmanYes. My questions to the Minister relate to clause 3. I spoke in the debate, Honourable Minister, about the issuing of guidance. And I flagged up the fact that guidance once issued would not be subject to parliamentary scrutiny. When the Honour able Minister responded in the debate, his answer …
Yes. My questions to the Minister relate to clause 3. I spoke in the debate, Honourable Minister, about the issuing of guidance. And I flagged up the fact that guidance once issued would not be subject to parliamentary scrutiny. When the Honour able Minister responded in the debate, his answer was that I was criticising the ability of the manager to issue guidance. I was not. What I was saying was that when the guidance is issued, it is delegated law and it should come back to Parliament. So I would be grateful if the Honourable Mini ster would address why guidance issued by the manager would not come back to Parliament in the normal way. Just like the regulations that the Minister of Transport earlier today was going to make about shipping will come back to Parliament, why would not the manager’s guidance come back to Parliament? That is the first question, Mr. Chairman. My second question also at clause 3 is this: The Honourable Minister seems to be working on a presumption, and indeed the speaker who just posed questions before me touched on this. But he seems to be working on the presumption that employee— good , independent contractor —bad, and that if everybody could be an employee, they would be an employee because they get benefits. And is that not —
Hon. Jason Hayward: Point of order, Mr. Chairman.
The ChairmanChairmanPoint of order. POINT O F ORDER [Misleading] Hon. Jason Hayward: The Member is misleading the House. I am not operating on any assumption that an independent contractor is bad.
Mr. Scott PearmanThank you for the clarification from the Honourable Minister. The question then i s, What is wrong with being an independent contractor? Because there are multiple occasions where it is a great benefit b eing self-employed. For example, taxi drivers. They get their own time, they set their own hours, …
Thank you for the clarification from the Honourable Minister. The question then i s, What is wrong with being an independent contractor? Because there are multiple occasions where it is a great benefit b eing self-employed. For example, taxi drivers. They get their own time, they set their own hours, they use their own tools or equipment . They use their own car. Another thing about being an independent contractor is that you do not have to take direct i nstruction, whereas an employee must take direct i nstruction from his or her employee.
Bermuda House of Assembly Another benefit of being an independent contracto r is that they have the right to substitute the l abourer. So they can agree to come and do a job at a particular jobsite, but they can send someone else in their stead to do that job. And that is perfectly permi ssible under the law because they are an independent contractor and they have entered into a contractor’s services rather than to contract a service. So I mean . . . I just would invite the Honour able Minister to consider that there are reasons why people are independent contractors and wish to be independent contractors. And the idea that they should be shoehorned by guidance into becoming employees when they are not , in all reality , and when they may not wish to be, may not be the best approach. Thank you, Mr. Chairman.
The ChairmanChairmanPoint of order. POINT OF ORDER [Misleading] Hon. Jason Hayward: Yes. The Member is misleading the House. The intention of the legislative change is not to shoehorn anybody into becoming an emplo yee.
The ChairmanChairmanHonourable Members, one second. Mr. Pearman, I have given you guys —you Honourable Members some leeway. You really should be talking to the clause and what is wrong with it.
Mr. Scott PearmanAnd I would be grateful for an answer on the question as to why guidance issued by the manager would not come back to the House in the normal way. Thank you, Mr. Chairman.
The ChairmanChairmanMinister, do you want to answer or take some more questions? Hon. Jason Hayward: I can answer the questions that have been provided thus far. The C hairman: Go ahead, Minister. Hon. Jason Hayward: We are not against independent contractors. The legislation actually provides for independent contractors to upgrade in …
Minister, do you want to answer or take some more questions?
Hon. Jason Hayward: I can answer the questions that have been provided thus far. The C hairman: Go ahead, Minister. Hon. Jason Hayward: We are not against independent contractors. The legislation actually provides for independent contractors to upgrade in our economy. We are trying to stop abuse. I think that is what we have to make clear. There are employers who are abusing employees by forcing them involuntarily to become independent contractors, and that is where we need to provide additional support. Those persons who have normal independent contractor relationships, this amendment does not impede on that particular relationship. The other thing is when it comes to work permits and the conditions of the work permit being in an employment —a statement of employment. You would not know how employees have an expectation that they are going t o come to Bermuda and be employed for two years underneath a statement of employment, and then find out that the [employer] has only applied for a six -month short -term permit. That person has packed up their entire life with the expectation that they are going to come to Bermuda and work for a two-year period and come to find out that it was never a two -year period they were on. The two- year period was just enticing them to come because they would have never come if they knew that they were going to work a six -month period. And so what we are trying to do is stop abuse. Some employers are not treating individuals like hu-man beings. And we need to improve the work rel ationship by ensuring that the statement of emplo yment, which governs the relationship between the two parties, is clear on the expectations so the expectation between the employer and the employee is meted out in the contract and there is no difference of expect ation. The Honourable Member Pearman should know that there are numerous legislative precedents that provide for cases where there is need for the conduct of administrative functions necessary for the operations of the statute. Under clause [3(a) which inserts new subsection (2A)], the role of the manager is to issue guidance for and to assist employers and employees when determining for the purpose of section 4(1)(b) whether a relationship more closely r esembles that of an employee or an independent contractor. This provision does not authorise the managers to determine for an employee or whether a person under their employ is an employee or an independent contractor. The legislation is drafted broadly to take into the consideration the operation of the common law and the various types of jobs and variables that may arise in the employment context. Few jurisdictions define “independent contractor” because of this. Instead, there is guidance provi ded in the common law as to whether in a particular case a person constitutes an independent contractor as opposed to an employee that the manager’s gui dance can provide for this. 340 11 December 2020 Official Hansard Report
Bermuda House of Assembly Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there a ny further speakers?
Mr. Scott PearmanThank you. Honourable Minister, the question I posed relates to clause 3[(b), which inserts new] subsection (5). And subsection (5) excludes parliamentary scrut iny. It says, “Section 6 of the Statutory Instruments Act 1977 shall not apply to any guidance issued or r evised under this section.” And my question, …
Thank you. Honourable Minister, the question I posed relates to clause 3[(b), which inserts new] subsection (5). And subsection (5) excludes parliamentary scrut iny. It says, “Section 6 of the Statutory Instruments Act 1977 shall not apply to any guidance issued or r evised under this section.” And my question, Honourable Minister, is, Why would you not want parliamentary scrutiny in this case?
Hon. Jason Hayward: I do not think it is a matter of avoiding parliamentary scrutiny. I think it is more of a matter of ensur ing that the manager can be flexible and adapt with the changing world of work.
Mr. Scott PearmanMP Pearman. Honourable Minister, if you think it is just a matter of allowing flexibility for the manager, would you agree that the guidance can then come to the House, and that [clause 3(b) inserting new] subsection (5) can be struck from the Bill?
The ChairmanChairmanMinister. Hon. Jason Hayward: I do not agree. I thi nk the course of action that the Government has taken is the correct course of action. And we have been advised that we are on good footing with doing things this way.
The ChairmanChairmanAny further speakers? No further speakers. Minister, do you want to mov e those clauses? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 6 through 11.
The ChairmanChairmanOkay. But let us approve clauses 1 through 5 first. Hon. Jason Hayward: I move that clauses 1 through 5 be approved.
The ChairmanChairmanIt has been m oved that clauses 1 through 5 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 5 passed.]
The ChairmanChairmanNow you want to do clauses 6 through 11, you said? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 6 through 11.
The ChairmanChairmanYes. Continue. Hon. Jason Hayward: Clause 6 amends section 9 of the principal Act to provide that where an employer and employee agree that the provisions of overtime pay or time in lieu for hours worked in excess of 40 hours per week is not to apply, that agreement must …
Yes. Continue. Hon. Jason Hayward: Clause 6 amends section 9 of the principal Act to provide that where an employer and employee agree that the provisions of overtime pay or time in lieu for hours worked in excess of 40 hours per week is not to apply, that agreement must be in writing. Clause 7 inserts new sections 10A and 10B into the principal Act. New section 10A provides for the entitlement to meal breaks, and a new section 10B requires an employer to provide his employees with a clear, written policy statement against bullying and sexual harassment in his place of employment. This clause also gives employers six months from the commencement of this Act to ensure preparation and presentation of such policy statement. Clause 8 amends section 11 of the principal Act to define the term “with pay” and to provide that where an employer and employee agree that entitl ement to public holiday pay is not to apply, that agre ement must be in writing. Clause 9 amends section 15(3) of the princ ipal Act to remove the requirement for an employee to have at least one year of continuous employment be-fore becoming entitled to paid time off to receive ant enatal care. Clause 10 amends section 17(1)(a) of t he principal Act to include as a member of a person’s immediate family, for the purposes of bereavement leave, a person’s grandparent, great -grandparent, grandchild or great -grandchild. Clause 11 amends section 18 of the principal Act to clarify that whe re an employer seeks to term inate an employee’s contract of employment for a reason connected with the operational requirements of the employer’s business, he must comply with the n otice requirement under section 20 only, and not the provisions under secti ons 26 or 27. This clause also provides that the time period within which an employer who terminates an employee’s contract of emplo yment must pay wages or other remuneration and be nefits accruing at the date of termination. Thank you, Mr. Chairman.
Bermuda House of Assembly The C hairman: Thank you, Minister. Are there any further speakers?
The ChairmanChairmanHonourable Member Richardson, you have the floor.
Mr. Jarion RichardsonThank you, and I thank the Honourable Minister . Honourable Minister, at clause 7, at [proposed section] 10B(1) in the definition of “bullying,” I am sure the intent, or I stand to be advised that the intent is to stop any and all bullying. But it says the word “habit …
Thank you, and I thank the Honourable Minister . Honourable Minister, at clause 7, at [proposed section] 10B(1) in the definition of “bullying,” I am sure the intent, or I stand to be advised that the intent is to stop any and all bullying. But it says the word “habit ual,” meaning more than one or it happens a lot, right? So if that were to be deleted, I am sure that we would catch any instance of bullying versus someone being able to get away with one instance of bullying because it was only once, right? And additionally, the definition says “intended.” That is where we say, “means the habitual display of offensive behaviour intended to harm . . . .” And intention is something that will have to be proven in any situation. So that might complicate it. I am fine to leave it, but it is noteworthy that gui dance notes would have to explain that. So “habitual” is what I would bring to your attention. Also, the definition of “sexual harassment” differs between the Human Rights Act and this. So my question to you is, Which one takes supremacy? So that when breaches are detected, which is the one that has to be used to protect the employee? And I take the point, for example, that the definition of “sex-ual harassment” in the Human Rights Act [1981] is . . . and you mentioned there were some problems with that, th at it is either “vexatious” or “which he knows, or ought reasonably to know, is unwelcome,” whereas sexual harassment here includes something like a nnoyance. So my question there would be, Which one of these definitions is supreme for the purposes of any kind of civil action, enforcement, breaches, that sort of thing? And my last point would be [clause 7, pr oposed section 10B] (2)(c) it mentions “that procedures are put in place to assist every employee in understanding the policy statement.” That I believ e is . . . I think what this means is training, that you want the employer to provide training so that the employees understand. Or did you want a document, a secondary document that explains this document, the policy statement? Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Honourable Member. Honourable Minister. Hon. Jason Hayward: The difference between the two definitions is that we have used a more progressive, internationally recognised definition than the def-inition that was in the Human Right s Act at that parti cular time. The requirement for persons to . . . …
Hon. Jason Hayward: The difference between the two definitions is that we have used a more progressive, internationally recognised definition than the def-inition that was in the Human Right s Act at that parti cular time. The requirement for persons to . . . in regard to the sexual harassment policy regarding training and the awareness of the policy, it is not just good enough to have a policy. You have to make the employees aware and acquain ted with the policy. How we have been doing it in the past is that we just run a session within the workplace on the policy so that persons are clear on what is required under the policy , because one could read a policy and misinterpret the policy. And so those types of things just go to reinforcing awareness in the workplace.
The ChairmanChairmanAre there a ny further speakers?
Mr. Scott PearmanYes, Mr. Chairman, MP Pearman. Oh, sorry. I think MP Richardson was about to continue.
The ChairmanChairmanYes. Hon. Jason Hayward: Mr. Chairman, I just want to say that filing a complaint under this Act . . . this Act will prevail regarding sexual harassment. It does not prohibit one from filing a complaint under the Human Rights Act if it is proven that there are discriminatory …
The ChairmanChairmanThank you, Minister. Honourable Member Richardson.
Mr. Jarion RichardsonThank you, Honourable Mi nister. Thank you, Mr. Chairman. I wanted to get the Minister’s thoughts on also that “habitual display.” I would want that employee to be protected from any instance versus there being a lot of instances. I am not sure if that is how he is reading …
Thank you, Honourable Mi nister. Thank you, Mr. Chairman. I wanted to get the Minister’s thoughts on also that “habitual display.” I would want that employee to be protected from any instance versus there being a lot of instances. I am not sure if that is how he is reading it or that is intentional. Could he either explain that or if it could be deleted? Thank you.
The ChairmanChairmanMinister, do you want to take some more questions, or do you want to respond to that? [Pause] Hon. Jason Hayward: Mr. Chairman, I am quite fine with the definition which is stated in the Bill. I think that the definition was borrowed fro m international defin itions so that …
Minister, do you want to take some more questions, or do you want to respond to that? [Pause]
Hon. Jason Hayward: Mr. Chairman, I am quite fine with the definition which is stated in the Bill. I think that the definition was borrowed fro m international defin itions so that the definition is standardised. And so I do not think that this causes any great dilemma in terms of if we had to adjudicate a case regarding bullying or harassment in the workplace because outside of that it does also have the behaviour set out associated with bullying and harassment. And if those behaviours are exhibited, we can determine whether or not one is being bullied or harassed in the workplace. 342 11 December 2020 Official Hansard Report
Bermuda House of Assembly The Chairman: Are there a ny further speakers?
Mr. Scott PearmanThank you, Mr. Chairman. Yes. Also in relation to clause 7, please, Honourable Minister. This is also about definitions, but this is the one about the def inition of “sexual harassment” under the newly -to-be-inserted 10B(1) in this section, down to “sexual harassment.” “Sexual harassment includes any one or more …
Thank you, Mr. Chairman. Yes. Also in relation to clause 7, please, Honourable Minister. This is also about definitions, but this is the one about the def inition of “sexual harassment” under the newly -to-be-inserted 10B(1) in this section, down to “sexual harassment.” “Sexual harassment includes any one or more incidents of any of the following:” And then it lists a number of incidents from (a) down to (g) . I note, Ho nourable Minister, that (g) says, “any other sexually suggestive conduct in circumstances where a reasonable person would consider the conduct to be offensive.” So the test of whether or not the conduct is sexual harassment, according to [proposed 10B(1)](g) is “where a reasonable person would consider the conduct to be offensive.” So it is an objective test. It is a test of what a reasonable person would think. It is not clear, Ho nourable Minister, whether (a) to (f) above are also seeking to apply the objective test of a reasonable person. Indeed if you read some of them, it would suggest perhaps that they are subject to the test, where in (a) it reads “annoy, alarm,” et cetera. Can the Minister confirm that the proper test will be that of a reasonable person whether or not the reasonable person considers the conduct to be offen-sive in all cases? Thank you, Honourable Minister.
The ChairmanChairmanMinister. Hon. Jason Hayward: The reasonable test is one peg. However, the impact on the individual i s another thing that one could consider. So when looking at bringing a harassment case, if the phone call was offensive, was it offensive enough where it did create a level of hardship …
Minister.
Hon. Jason Hayward: The reasonable test is one peg. However, the impact on the individual i s another thing that one could consider. So when looking at bringing a harassment case, if the phone call was offensive, was it offensive enough where it did create a level of hardship on an individual, where they were intimidated in terms of going back to the workplace or whatever it may be? It does not require a reasonable person to consider; it is based on the nature of that particular offence. But, yes, a reasonable, I think everything we have to look at it is from that standpoint. I do not know if I am clear, Mr. Chairman, on that. But it is whether or not a reasonable person would consider it to be, but also the impact of the action we have to also take into consideration.
The ChairmanChairmanThank you, Minister. Are there a ny further speakers?
Mr. Scott PearmanThank you, Mr. Chairman, MP Pearman. The Chairman: Continue.
Mr. Scott PearmanStill at clause 7, Minister, I am going to come back to the question of parliamentary scrutiny. If we look at clause 7, it is inserting a new 10B. And we go down to [proposed] section 10B(4) and it is “The Minister may by order amend Schedule 1.” So the …
Still at clause 7, Minister, I am going to come back to the question of parliamentary scrutiny. If we look at clause 7, it is inserting a new 10B. And we go down to [proposed] section 10B(4) and it is “The Minister may by order amend Schedule 1.” So the Minister is being given the power to amend Schedule 1 as he or she may think fit. And then at [proposed section] 10B(5) below, it again seeks to exclude parliamentar y scrutiny of the Minister’s amended order. Again, I would suggest that is unusual. And I invite the Minister to clarify why parliamentary scrutiny is being expressly excluded in this instance.
The ChairmanChairmanMinister. Hon. Jason Hayward: I am just lookin g through the notes to see exactly . . . So Schedule 1 is the content of the policy statement against bullying and sexual harassment. So we put a content statement in place. And the world of work is continuously evolving. And …
Minister.
Hon. Jason Hayward: I am just lookin g through the notes to see exactly . . . So Schedule 1 is the content of the policy statement against bullying and sexual harassment. So we put a content statement in place. And the world of work is continuously evolving. And so I think that this is something that . . . the intention of this is there so that the content of the statement can adapt to the changing world of work. I am not sure why, number one, just for a content statement to continuously come back to Parliament?
Mr. Scott PearmanYes. So, Honourable Minister, I will take a last stab at this. A content statement would be making the law of Bermuda. And one would normally expect the laws of Bermuda to come back to Parliament so that your parliamentary colleagues, both those on the Oppos ition, but indeed those …
Yes. So, Honourable Minister, I will take a last stab at this. A content statement would be making the law of Bermuda. And one would normally expect the laws of Bermuda to come back to Parliament so that your parliamentary colleagues, both those on the Oppos ition, but indeed those on the Government side, would have an opportunity to scrutinise them and lend their views in debate. Anyway, it does seem unusual. And I was just wondering if there was a particular reas on why you would not want this to come back to Parli ament. Thank you, Mr. Chairman. That is my final question.
The ChairmanChairmanMinister. Hon. Jason Hayward: Would the Member accept, [Mr. Chairman], that there are numerous provisions and numerous pieces of legislation that allow for a dministrative processes to take place? And I think this is a harmless, logical one where we can allow a manager to determine what should be in …
Minister. Hon. Jason Hayward: Would the Member accept, [Mr. Chairman], that there are numerous provisions and numerous pieces of legislation that allow for a dministrative processes to take place? And I think this is a harmless, logical one where we can allow a manager to determine what should be in a content stat ement for a policy against bullying and harassment. I do not think anyt hing can be nefarious about that particular practice or procedure.
Bermuda House of Assembly The Chairman: Thank you, Honourable Minister. Are there a ny further speakers? There appear to be none. Minister, do you want to move clauses 6 through 11?
Hon. Jason Hayward: Mr. Chair man, I would like to move clauses 6 through 11.
The ChairmanChairmanIt has been moved that clauses 6 through 11 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 6 through 11 passed.]
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 12 through 15.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. Chairman, clause 12 r epeals and replaces section 19 of the principal Act to provide (i) for a probationary p eriod for new or pr omoted employees of not more than six months [(subject to that section)]; (ii) for the conduct of a performance review …
Continue.
Hon. Jason Hayward: Mr. Chairman, clause 12 r epeals and replaces section 19 of the principal Act to provide (i) for a probationary p eriod for new or pr omoted employees of not more than six months [(subject to that section)]; (ii) for the conduct of a performance review during the probationary period; (iii) for the probationary period to be extended after that performance review for a period of not more than three months; and (iv) for an employee’s contract of em-ployment to be terminated without notice during the probationary period. This clause also provides that a termination without notice during the probationary p eriod shall not appl y to an employee who is promoted during a period of continuous employment. For such an employee, section 27 shall still have effect to en able termination without notice for unsatisfactory per-formance, provided the employee is given a prior wri tten warning, appropriate instructions as to how to i mprove performance, and a six -month period to demonstrate improvement. This clause provides that the six - month and the three- month periods of probation and extended probation shall not apply to uniform services and s uch other classes of employees as may be pr escribed. Clause 13 amends section 20(3)(b) of the principal Act to provide that notice of termination shall not be given during an employee’s absence on sick leave unless the period of sick leave extends beyond six weeks instead of four weeks. Clause 14 amends section 21 of the principal Act to require, for the avoidance of doubt, that pa yment in lieu of notice of termination is to be made in accordance with section 18(5), which is within seven days of termination or at the next interval at which the employee would have been paid had the contract not been terminated, or whichever is the longer of the two. Clause 15 amends section 23(4) of the princ ipal Act to clarify that where an employee’s emplo yment under a partnership ceases on dissolution of that partnership, no severance shall be payable in a case where the employee enters into employment with any of the partners immediately after the dissolution under no less favourable terms than immediately prior to t he dissolution. This clause also clarifies that subsection (5) [of section 23] applies where an employee’s con-tract of employment is terminated by reason of death of the employee from an occupational disease or accident resulting from that employment.
The ChairmanChairmanThank you, Honourable Minister. Are there any further speakers? There are no further speakers. Minister, do you want to move those clauses 12 through 15? Hon. Jason Hayward: Mr. Chairman, I would like to move that clauses 12 through 15 be ap proved.
The ChairmanChairmanIt has been moved that clauses 12 through 15 be approved. Are there any objections to it? There appear to be none. Approved. [Motion carried: Clauses 12 through 15 passed.] Hon. Jason Hayward: Mr. Speaker, I would like to move c lauses 16 through 25.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. Chairman, clause 16 r epeals and replaces section 26 of the principal Act to enable an employer to give to an employee who is guilty of misconduct a written warning setting out both the misconduct and appropriate instructions for i mprovement. This clause also enables …
Continue.
Hon. Jason Hayward: Mr. Chairman, clause 16 r epeals and replaces section 26 of the principal Act to enable an employer to give to an employee who is guilty of misconduct a written warning setting out both the misconduct and appropriate instructions for i mprovement. This clause also enables the employer to terminate, without notice or severance, an employee who within a six -month period of time is guilty on two separate occasions of misconduct, or within a 12month period is guilty on four separate occasions of misconduct (provided that the employee receives the requisite written warnings). This clause provides that an employer shall be deemed to have waived his right to terminate if he does not do so within the respective periods specified. Clause 17 amends section 27 of the principal Act to require that where a written warning is given by an employer to an employee who is not performing his duties in a satisfactory manner, the written warning must also set out the unsatisfactory performance complained of. This clause also provides that, where an employer does not terminate an employee (who 344 11 December 2020 Official Hansard Report
Bermuda House of Assembly within six months from the date of a written warning does not demonstrate that he is able to perform his duties in a satis factory manner) within the period spec ified, the employer shall be deemed to have waived his right to terminate under this section. Clause 18 amends section 30(4) of the princ ipal Act to require an employer, before terminating an employee’s employment for redundancy, to inform and consult the necessary persons as set out in that section at least 14 days before giving notice, in accordance with the statutory notice period under sec-tion 20. This clause includes the employee in the list of necessary persons t o be informed and consulted. Clause 19 amends section 32 of the principal Act by inserting new subsection (1A), which requires an employer before laying off an employee to inform the employee and the employee’s trade union or other representative (if any ), as soon as practicable, of the following information [at proposed section 32(1A)(a)] “the existence of the relevant condition of redundancy; (b) the reason for the lay off . . . (c) the period over which such lay off is likely to be carried out.” Claus e 20 amends section 36(1) of the princ ipal Act to extend the period for which an employee’s complaint (that his employer has failed to comply with a provision under the principal Act) may be made from three months to six months. Clause 21 amends section 37(1) of the princ ipal Act to require an inspector, within 14 days of either receiving a complaint under section 36 or having reasonable grounds to believe that an employer has failed to comply with any provision of the [principal] Act, to inquire into the matter. Clause 22 amends section 40(5)(a) of the principal Act to increase the amount of compensation to be paid pursuant to this subsection, in respect of an unfair dismissal, from not less than two weeks’ [wa ges] to not less than three weeks’ wages. Clause 23 inserts new Schedule 1 into the principal Act, which sets out the required content of the employer’s policy statement against bullying and sexual harassment, and renumbers the existing Schedule as Schedule 2. Clause 24 makes consequential amendments to the Human Rights Act 1981. Clause 25 provides for a commencement date of June 1 st, 2021, and a savings provision. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any speakers to clauses 16 through 25?
The ChairmanChairmanHonourable Member Richardson, continue.
Mr. Jarion RichardsonI am sorry. I may have mi sunderstood. We are on clause . . . I can speak to clause 16, right?
Mr. Jarion Richardso nYes. Thank you. Honourable Minister, as it relates to [proposed new] section 26, Termination for repeated misconduct, is it the intention that the written warning that the mi sconduct . . . and let me sort of walk that. (I beg your indulgence, Mr. Chair man, because I am just …
Yes. Thank you. Honourable Minister, as it relates to [proposed new] section 26, Termination for repeated misconduct, is it the intention that the written warning that the mi sconduct . . . and let me sort of walk that. (I beg your indulgence, Mr. Chair man, because I am just trying to give an example.) And what it is I am thinking of is that if an employee is guilty of misconduct and they get a written warning, and that written warning obv iously specifies what the misconduct was and gives them appropriat e instructions on how to improve their conduct. Yep, that is great. And if there is an incident, a further incident of misconduct but it is different, then we basically have two separate misconducts that are being worked down the timeline. So let us say one is gross negligence and something like gross negligence, or negligence, not gross negligence. And the second one is . . . I could not even think of one, to be fair. But it is something else that is not negligence. Then we have this timeline that we hav e here, which is that this one has to be watched and improved upon , and if they keep doing the negligence, that is where this one timeline works. And in the other case, they have to keep doing this exact same one. So they could have two, three, four, five misconducts, but they have to all sort of be going away in the background. But they have to absolutely . . . if they are going to be disciplined or terminated, it has to be for the exact same conduct. Is that the intention?
Hon. Jason Hayward: Mr. Chairman.
The ChairmanChairmanMinister. Hon. Jason Hayward: No, it is not the intention. And so the second misconduct, which could be different in nature from the first misconduct, is what we are tal king about in terms of repeated misconduct. So it is not repeated mi sconduct of the same nature.
The ChairmanChairmanThank you, Honourable Minister. Are there a ny further speakers? No further speakers. Minister, do you want to move the clauses 16 through 25? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 16 through 25 for approval. Bermuda House of Assembly The Chairman: Yes. It has been …
Thank you, Honourable Minister. Are there a ny further speakers? No further speakers. Minister, do you want to move the clauses 16 through 25? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 16 through 25 for approval.
Bermuda House of Assembly The Chairman: Yes. It has been moved that clauses 16 through 25 be approved. Are there any objections to that? There appear to be none. Approved.
[Motion carried: Clauses 16 through 25 passed.]
The ChairmanChairmanMove the Schedule. Hon. Jason Hayward: Mr. Chairman, I would like to move that the Schedule be approved.
The ChairmanChairmanIt has been moved that the Schedule be approved. Are there any objections to that? There appear to be none. Appro ved. [Motion carried: The Schedule passed.]
The ChairmanChairmanLet us do the preamble, Minister. Hon. Jason Hayward: Mr. Chairman, I would like to move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Jason Hayward: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any obj ections to that? There appear to be none. The Bill will be r eported to the House as printed. [Motion carried: The Employment Amendment (No. 2) Act 2020 was considered by a …
The ChairmanChairmanThank y ou, Minister. Thank you, Honourable Members. Mr. Speaker. House resumed at 8:55 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE EMPLOYMENT AMENDMENT (NO. 2) ACT 2020
The SpeakerThe SpeakerThank you, Mr. Chairman, Deputy Speaker. Members, the Bill entitled the Employment Amendment (No. 2) Act 2020 has been reported to the House as printed. Are there any objections to that? There are no objections. The Bill has been reported as printed and received. That now takes us on to …
Thank you, Mr. Chairman, Deputy Speaker. Members, the Bill entitled the Employment Amendment (No. 2) Act 2020 has been reported to the House as printed. Are there any objections to that? There are no objections. The Bill has been reported as printed and received. That now takes us on to the nex t item on the Order Paper, which is the Trade Union and Labour Relations (Consolidation) Act 2020 in the name of the Minister of Labour. Minister Hayward, would you like to present your matter?
Hon. Jason Hayward: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Ja son Hayward: I move that the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020 be now read a second time.
The SpeakerThe SpeakerAre there any objections to that? No objection. Continue, Minister. BILL SECOND READING TRADE UNION AND LA BOUR RELATIONS (CONSOLIDATION) ACT 2020 Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020, which consol idates and modernises the …
Are there any objections to that? No objection. Continue, Minister.
BILL
SECOND READING
TRADE UNION AND LA BOUR RELATIONS (CONSOLIDATION) ACT 2020 Hon. Jason Hayward: Mr. Speaker, I am pleased to introduce the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020, which consol idates and modernises the Trade Union Act 1965, the Labour Re lations Act 1975 and the Labour Disputes Act 1992. The Bill also adds a number of new prov isions which will optimise and improve labour relations. This new statute, which fulfils Government’s 2018 Throne Speech commitment, is designed to address in one place trade union- and labour -related matters. Mr. Speaker, as the Honourable House will be aware, this is the second of two Bills which together will b ecome the Employment and Labour Code of Bermuda. The first was the Employment Amendment Bill which was just debated by the House. Mr. Speaker, this Bill provides for the E mployment and Labour Relations Tribunal, a single tr ibunal which will replace the Employment Tribunal, the Labour Disputes Tribunal, the Permanent Arbitration Tribunal, the Boards of Inquiry and the Essential I ndustries Disputes Settlement Board. This tribunal will handle all employment complaints and labour -related disputes. Mr. Speaker, the tribunal will consist of 20 to 30 persons appointed by the Minister of Labour, and of these not more than 10 must be barristers and attorneys with at least eight years standing and possessing Bermudian status. The remaining persons 346 11 December 2020 Official Hansard Report
Bermuda House of Assembly must have experience and expertise to represent both employers and employees. Mr. Speaker, the Bill introduces a civil penal ty regime which will entail a faster, less laborious pr ocess for handling breaches of the Act with both the Labour Relations Manager and the Employment and Labour Relations Tribunal able to impose a penalty. Civil penalties up to $5,000 may be imposed, and the system will replace most offences requiring court appearances. Mr. Speaker, the Bill provides for changes in Trade Union certification and decertification. Automatic certifications will occur where there is agreement by the employer and unions and shows support of 60 per cent of the workers and an increase of 10 per cent under the current legislation. With regard to decertification, the Bill provides for the Labour Relations Manager to cancel the certif ication without a ballot if he is satisfied that more than 60 per cent of the workers do not or no longer support the union as the exclusive bargaining agent for the bargaining unit. Both of these changes are ex pected to save time and effort. Mr. Speaker, confidentiality of workers is i mperative when t he union is in the process of applying for certification, and the Bill provides that the identity of any worker wishing to have the union as his excl usive bargaining agent shall not be required to be exposed. Mr. Speaker, currently employers must r espond to an application for union certification within 14 days. The Bill lowers this to 10 days in an effort to r educe the potential for interference by management. Mr. Speaker, existing legislation requires a certified union to negotiate and agree an agency shop to be voted on by the bargaining unit. This Bill provides that union certification would automatically prompt an agency shop agreement, making a ballot unnecessary. Mr. Speaker, all employees benefit from collective agreements, not just persons who pay contr ibutions for membership through the union. Currently, the Trade Union Act now stipulates that workers with an agency shop agreement must pay appropriate co ntributions either to the union or to a charity. The Bill provides for a change in contributions to reflect a u nion’s negotiation efforts in securing a collective agreement. Contributions will shift from the current options of 100 per cent to the union or 100 per cent to a char ity, [to] either 100 per cent to the union, or 50 per cent partial contribution t o charities and 50 per cent to the union. Mr. Speaker, currently when a unionised employer discontinues, sells or transfers his own undertaking organisation, they are required to advise the union of the timeframe, reasons why and the numbers of categories of workers affected. Once the organis ation has been sold or transferred, there is no requir ement for a union to continue to be the bargaining agent and there is no requirement for the new owner to be bound by any collective agreement. Mr. Speaker, this Bill provides for a union to continue to represent a bargaining unit despite a sale, transfer or merger, and the new employer must abide by any collective agreement in place, resulting in the preservation of employees’ terms and condi tions of work. Mr. Speaker, among the existing list of essential services —telephone and telegraph and overseas communication —I believe that we can all agree that technology has exponentially increased since 1975, when the original legislation was launched, and that it is pru dent that this statute be updated. Mr. Speaker, modern society cannot function effectively or efficiently without access to Internet, and, accordingly, the Bill adds Internet services to the Schedule listing essential services. Prisons are important and i ntegral part of the criminal justice system in every country. Prisons generally have the following roles: to punish the transgressor of the law; to protect society from future crimes; and to provide the necessary conditions to rehabilitate the individual’s essential life. Without pri sons, society would be at a greater risk of danger, and it is prudent, therefore, that the Bill add prisons to the list of essential services. Mr. Speaker, this new statute provides a modern employment and labour code that incr eases the efficiencies and functionalities and will be fit for purpose for many years. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerMP Richardson, you have the floor.
Mr. Jarion RichardsonThank you, Mr. Speaker, and thank you to the Honourable Minister for bringing this legislation to this Honourable House. With any luck, I can avoid pinning it clear to the Atlantic slave trade on this particular submission. But I hope to be of use to the Honourable Minister. Mr. Speaker, …
Thank you, Mr. Speaker, and thank you to the Honourable Minister for bringing this legislation to this Honourable House. With any luck, I can avoid pinning it clear to the Atlantic slave trade on this particular submission. But I hope to be of use to the Honourable Minister. Mr. Speaker, I want to go on the record as being very clear about unions. I recall as a boy rea ding about the horrors of the Industrial Revolution in Liverpool and how child labour was being used to fix machines. And obviously, these were quite primitive machines. And so the child, because they were small, would enter the machine and then someone would turn it on, and obviously it would be a horrific death. Unions are what stopped that. Equally, we saw [progress] in the early 20 th century with Frances Perkins. I think she was the first
Bermuda House of Assembly woman Labour Secretary for the US Government. She was inspired to start what we now know as the “New Deal,” which includes social security benefits. And [the New Deal] really, really saved labour, really saved so many workers. Because after watching a factory fire, a textile factory fire across from her home . . . and you can just imagine the horror of that. And this was prior to the regulation of workplaces. So what we were looking at was employers abusing their employees. These were true horrors. And so unions were the ones that stopped these actions. So for the avoidance of doubt, as we go in and we start talking about this p iece of legislation, I do not want it confused that in some way, shape or fas hion I am against unions, because that would just be absurd. Instead, what I propose to do, Mr. Speaker, is speak to the legislation that is in front of us and ident ify areas wher e there are points that complicate matters or points that can be made better. I have no doubt, with the Honourable Mini ster’s experience in unions, that this legislation has been well considered. I am very thankful that we are modernising our union- relate d laws. They were terribly scattered and outdated. And giving the tribunal especially, Mr. Speaker, civil penalty powers, I think is very important, because we do have to make sure that our authorities, our local authorities have the ability to d etect nonc ompliance, to protect workers and to penalise those who breach our laws. So with that being said, Mr. Speaker, I am looking forward to the Minister’s contribution. I look forward to adding to the process. And again, with any luck, we can get through this in a timely fashion. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Any other Honourable Member? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes, MP Dunkley. Yes, you hav e the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank you for the opportunity to speak to the Trade Union and Labour Relations (Consolidation) Act 2020, and I support the comments of my honourable colleague. While I support t …
Yes, MP Dunkley. Yes, you hav e the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank you for the opportunity to speak to the Trade Union and Labour Relations (Consolidation) Act 2020, and I support the comments of my honourable colleague. While I support t hose comments, I just want to focus in on two areas here tonight. First of all, a better understanding from the Honourable Minister in why the change to necessitate that all workers, even if they are not members of the union, will have to pay 50 per cent of their dues to the union and not the total 100 per cent of their dues to a charity? I still do not understand that concept, and I look forward to more clarity on that, Mr. Speaker. Secondly, and perhaps more importantly, Mr. Speaker, as the Minister tal ked about making Corrections part of the essential services, I think we are missing an opportunity tonight to deal with the challenge that has beset our community for years and years and years and years. And that is that there is a redundancy in the Act (m y words, maybe not appr opriate words). But there is a redundancy in the old Act, and there is a redundancy in this Bill. And we can get into it more in Committee, Mr. Speaker. And it is when it refers to essential services and the Hamilton docks, Mr. Speak er. And here is why I say that: Because the pr evious Act, when it was written, Mr. Speaker (and this is my view), reflects bulk loads and not container cargo. Wherein before there was no integrated cargo in our ships. But that has changed now, Mr. Speaker . So the previous Act did not reflect the container cargo that we have moved to at this time. And secondly and most importantly, Mr. Speaker, that previous Act did not contemplate what happened on 9/11 in the US, and decisions were made after that horrif ic day. Decisions were made and changes were made to the US law, Mr. Speaker, that made it law that any ship that left the United States with cargo could not return to the United States port with that same cargo on the ship. So what that meant to Bermuda, Mr. Speaker . . . previously, if a ship came into Bermuda with great bulk cargo, bulk loads of cargo or container loads of cargo, if that ship came into Bermuda before 9/11, it could offload some of the cargo and then return back to the US port with cargo still remaining on board. But after 9/11 and legislative changes in the States, any ship that came to Bermuda had to offload all of its cargo before it returned to the States. And so what that means, Mr. Speaker, is if, for example, we have a situation li ke we had three weeks ago in Bermuda where we had a work stoppage on the dock, we have a real challenge, which we feel the impact of today. And why do I say that, Mr. Speaker? Allow me quickly to go through a bit of a timeline so honourable colleagues can get a better understanding of what I am talking about. Two weeks ago, while the Oleander was in port—and for those who are not sure of the shipping schedule, the Oleander sails to Bermuda weekly and normally arrives on a Sunday night for unloading on Mond ay morning. But two weeks ago the Oleander arrived early in the week. There was a work stoppage at the dock. Now, Mr. Speaker, I am not here tonight to talk about that work stoppage and who is at fault — whether it is the employer or the employee. I have no comment on that matter. That matter is in front of the tribunal, and I have confidence that it will be resolved in the appropriate way. But what happened when there was that work stoppage, is that the Oleander did not get unloaded until much later in the week. But what also happened, 348 11 December 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, was the Oleander had all of the essential goods taken off of it, which are listed under the current Act and still listed in this Bill, but only the essential goods were taken off. All other cargo remained on board. So the ship could not sail. And then we saw, Mr. Speaker, when the I slander came in, and the Islander normally comes in on Thursday of every week, they had to play musical ships to move the Oleander out so the Bermuda Islander could come in and get essential cargo off. So both ships at that time, Mr. Speaker, were well behind schedule. So the next week, last week, the Oleander did not arrive in Bermuda until Thursday, Mr. Speaker, because they could not catch up in time because they had only left Bermuda, I believe, on a Friday morning. So what happened then, Mr. Speaker, is on the Mo nday, Tuesday and Wednesday of last week, many foodstuffs and essential supplies were out of stock because the Oleander was not back in Bermuda on time to meet the needs of our economy. So last week, Mr. Speaker, they failed to catch up because they were only here Thursday. Weather gets in the way. The ships try to cruise faster than they normally do, burning more fuel because they are going at a faster speed. All businesses are forced to pay more in cost to get their foodstuffs out or their goods unloaded and out into the market, and it adds to the cost of the products that are sold. So fast -forward to this week, Mr. Speaker. Here we are now at the end of the week, the Oleander is only in again on Thursday of this week, and we are still trying to play catch- up. Long story short, Mr. Speaker, because they cannot play catch- up in this environment, the ship will now cancel its sailing next week. So all of what I have explained as quickly as possible, in summary, Mr. Speaker, I have explained because it is critically important that now as we change this legislation we deal with this code when it deals with essential services. Because as it is written now—and in this new amended Act, it is still def icient —it will still mean that cargo ships cruising into Bermuda will be stuck here because essential goods will get taken off. But the cargo ship cannot leave here, because they are not empty and they cannot go back to the States. So I look forward to the Minister’s feedback on this. I know there has been representation to the Premier and the Minister, and perhaps other colleagues within Government, about this clause, Mr. Speaker. It is important that if we cover essential ser-vices in this Act that our Hamilton docks, in my imagination— and I am sure I am supported by people throughout Bermuda and certainly supported by all of my colleagues —that the Hamilton docks are an essential part of the services that are required in Berm uda. And I think while we change this Act to bring some meaningful change going forward in many ar eas, this is one area, Mr. Speaker, where if we want to make some improvements to what goes on, if we want to help ease the cost of living in Bermuda, if we want to mak e sure that our supply chain is uninterrupted as much as possible, we will change it here and now, Mr. Speaker. The last thing I will say about that, Mr. Speaker, is as we are still in the midst of a pandemic, I r eflect back to early in the pandemic when the Gover nment had meetings, rightfully so, with everyone i nvolved in the supply chain bringing cargo into Berm uda. And those meetings, Mr. Speaker, I thought were very productive because it allowed everybody to be in on the call to discuss all of the chal lenges we might have in the beginning of this pandemic and through this pandemic to make sure that Bermuda was not cut short. Because there was a real and pressing danger at that time, Mr. Speaker, that we would be cut short of supplies because of the pand emic impacting industries and the chain of supplies we have. Mr. Speaker, because of that foresight and because of that working together, because of that collaboration, we managed to avert some real challen ges. If we can do it in a pandemic, we certainly can change the legislation to allow our essential services to work uninterrupted to serve the people of Bermuda during normal times, Mr. Speaker. And since the cha llenges on the dock —and I will say again I am not getting into who is at fault here. But sinc e the work stopped on the dock and we are still trying to get caught up, the people of Bermuda have been overwhelming in their support that this should be an essential service and treated as such. So, thank you for the opportunity, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to make a contribution at this time? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerMP Weeks? Or is it the Deputy? Hon. Derrick V. Burgess, Sr .: I will stand down for Weeks. [Crosstalk]
The SpeakerThe SpeakerWell, okay. Okay. All right. Okay, MP, I caught your voice today. Then I saw the Deputy moving. But the Deputy has indicated he will let you go first. Bermuda House of Assembly Mr. Michael A. Weeks: Let me start off by telling the Deputy, our cousin, thank you, you …
Well, okay. Okay. All right. Okay, MP, I caught your voice today. Then I saw the Deputy moving. But the Deputy has indicated he will let you go first.
Bermuda House of Assembly Mr. Michael A. Weeks: Let me start off by telling the Deputy, our cousin, thank you, you know, because I am not going to be long. The last debate was pretty lively, so I do not have much more to add. But I do want to say thank you to the Minister for his courage, Mr. Speaker. He has been courageous in making these changes, and it could only bode well, this Trade Union and Labour Relations (Consolidation) Act. You know, it only makes sense. And going forward, the employee and the employer . . . it will bode well with them in getting any issue, any l abour or employment issues addressed. So, Mr. Speaker, see, with that, I have nothing further to add other than to thank the Minister for his courage, and his team, for bringing this legislation to the House. Thank you, Mr. Speaker.
The SpeakerThe SpeakerMember, you stuck to your word. You said you were going to be brief. I appreciate that. And would any other Member like to speak at this time? Hon. Derrick V. Burgess, Sr.: Yes, yes, Mr. Speaker.
The SpeakerThe SpeakerYes, Deputy. Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Mr. Speaker. Mr. Speaker, I also want to thank the Minister for bringing this Bill to the House. Because as the Act presently stands that was enacted in October 1998 —
The SpeakerThe SpeakerDeputy, we could see you your first time around. We do not see you this time. We hear you nice and clear, though. Hon. Derrick V. Burgess, Sr.: Okay. Okay.
The SpeakerThe SpeakerKeep talking. We are listening. Hon. Derrick V. Burgess, Sr.: Yes. That Act that was enacted in October 1998, really parts of it promoted some of the things that happened in our past. For example, in 1959, the dock strike. The dock strike was because of the bad conditions down …
Keep talking. We are listening.
Hon. Derrick V. Burgess, Sr.: Yes. That Act that was enacted in October 1998, really parts of it promoted some of the things that happened in our past. For example, in 1959, the dock strike. The dock strike was because of the bad conditions down there they had to work under and the management using scab labour whenever they wanted to. And so you had a strike that was led by “Pork Chop” Mills. Let me say this. One of the conditions at the docks was they worked outside, as they do now. And if it rained and they got wet, they did not stop. They continued to work, because if they stopped to change, they would be replaced by casual workers. It is almost like slave labour. And the unions led by “Pork Chop” Mills got tired of that, and he called a strike not only for that, but for other things too. Then you had the 1965 BELCO strike. And that one was based on recognition. And as you may recall, Mr. Speaker, the management refused to have a ballot for union recognition. In fact, the union at the time, the Bermuda Industrial Union, were organised in the outside plant workers, there were 87 of them. And management fought that. And then management came up with a proposal that all of the employees at BELCO be on the ballot, which included clerical staff and administrative staff. And most of the staff at that time who worked on the inside were white Bermudians. Now with the 87 workers who worked at BELCO on the outside, they had one Portuguese worker by the name of Mr. Mello . And he was the leader or the president in our division of their group. But, Mr. Speaker, after they had a strike and consequently a riot, a ballot was taken. But it was with all of the workers, and the union lost the ballot. Then they had a ballot between the unions and the compa-ny union. And obviously, the company union won out on that one, which included . . . and normally in the trade union, what we call a company union, and you would call it a “ yellow union. ” But, Mr. Speaker, from that BELCO riot, many of our workers went to court. And I just want to name some of them, because these are some of the people that we today stand on their shoulders. And we have the union president at that time was Robert Johnston. We had Winfie ld Wilson of Somerset; Gary Caisey of Crawl Hill, Hamilton Parish; Ja mes Ross Famous of Pembroke. (I think he is certainly related to our Chri stopher Famous.) Ambrose Simons of Joel’s Alley , Hamilton; and Leo nard Adams of Pembroke. These fellows went to court. And as you know, during that time four of our people went to prison— Kenny Paul, Vivian Ming, George DeSilva and Kerwin Ratteray. And why I say “the present Act,” the present 1998 Act that was enacted by the UBP Government at the time, promoted . . . to me it promoted the actions that happened then to be repeated. Because what they did in that Act was allow for non- members to initiate a vote to decertify the union. And I am so glad that our Minister is correcting that. And so when you do things like that, when you have a third party get involved with your business you are going to have a problem. So our Minister, this Government, has corrected it in the new legislation, Mr. Speaker. Mr. S peaker, if you had a decertification and it was successful, what that would do is it would make that union agreement null and void. And the management can put in all of their conditions, and now it would be based on . . . they could not go below the condit ions that are in the present 2000 Act, Mr. Speaker. And what that would do, you know . . . because in a collective bargaining agreement, as we all know, once that agreement is reached, there is a si gnature page there. It is signed by the management and mem bers of the union. There is no signature and there is no space there, no provision for non- members to be a part of that [agreement], Mr. Speaker. 350 11 December 2020 Official Hansard Report
Bermuda House of Assembly And, Mr. Speaker, the present Act, the 1990 Act, I must make it clear . . . when we think of all those folks who have sacrificed to get the things, the benefits that we take for granted today . . . and these things are worth repeating. Because I think a lot of the younger people, teenagers, really take a lot of things for granted. Back in those days, there was no sick leave, no pension, no vacation pay, no public holiday pay. And all of those benefits were not there. In fact, Mr. Speaker, I do not know if you recall, the construction industry of the Bermuda Industrial Union went on a strike for 12 weeks. The construction industry was a rough industry in that you had no benefits. If it rained, you just went home; you did not get paid. There was no hazardous pay. There was no night, no . . . no height pay. There was no vacation pay, no sick pay, no pension. And thr ough that 12- week strike, the workers were able to get those benefits. But, Mr. Speaker, what has happened since then, employers did not want to pay those rates. So there was a concerted effort made to take out the unionised firms, break [them] up. And c onsequently, what you see now, most of the major construction firms are all staffed and manned by, mainly, the m ajority of them, by Caucasians. And this was deliberate, because you know, Mr. Speaker, you have been around long enough, that up until probably the early 1990s or the late 1980s, just about all construction work in this country was done by Black folks. And as you see, that has changed now. And that effort by all of those concerned to take out the construction industry is, to me, a spinoff from t his 1998 Act, even though that happened before the 1998 Act. And I can recall when that 1998 Act was being proposed, the unions vehemently opposed that Act, particularly the decertification clause, because it was designed to take out unions with the help of ma nagement. Some of those actions are probably occur-ring today. But thank God we do have some good employers and some strong union membership, Mr. Speaker. So this Act, Mr. Speaker, is great. Mr. Speaker, even today we still have the exploitation of labour. And the Minister is addressing that. In fact, in the pr evious legislation we just passed, it addressed that because of what happened in 1947 when they brought in workers to this country to undercut the wages of Bermudians, this is still happening. The y are bringing in workers to do these menial jobs and paying them low wages. That is a form of modern- day slavery. And I think . . . I do not think. We all saw a list that came out, the Minister put out, and it is these categories (I don’t know if he was t alking about closed) but an yhow, they are restrictive categories now because of that. So I think the Minister is doing the right thing. A lot of the action he is doing in there is something that we need today, particularly during this pandemic, Mr. Speaker. And the outsourcing, that is something that we have not really addressed yet because it is affecting us in some areas, particularly in the white- collar indu stry. And it is happening worldwide, because we will find some major companies in the world, the ir communications, their telephone services are being operated in prisons for cheap labour in the interest of more profit. Mr. Speaker, I am of the opinion that the world must come together. The legislators of this world must come together, I guess, and probably the ILO [Intern ational Labour Organization], to outlaw the outsourcing of work to poor countries in the interest of more profit. This shows you that some employers do not value the existence . . . they do not value the life of their employees. And we should not accept that in any, any form. We should never, ever, ever accept that, Mr. Speaker. But, Mr. Speaker, as I said earlier in my closing, the most destructive part about the 1998 Act which was enacted in October was the decertification section, which, I repeat, the unions vehemently opposed. And I thank the Minister for addressing this issue and other issues in the Act, because one thing that the consolidation of this Act . . . there are about six labour Acts out now it is consolidating. Because right now you have got to go to this Act, that Act, d epending on what the dispute is, to adjudicate. And what he is doing is making it very simple, very straightforward. You go to this Act, everything is there. So we welcome the consolidation of this Bil l. Again, Mr. Speaker, I want to thank the Minister for bringing this Act to this House. Thank you.
The SpeakerThe SpeakerThank you, Deputy Speaker. Does any other Member wish to make a contribution at this time? Any other Member?
Mr. Vance CampbellMr. Speaker, there is no question that over the years unions have done much good in improving the rights of w orkers in this country. And this Bill before us brings together the content of several existing Bills that it looks to replace. That is not a simple cut -and-paste, …
Mr. Speaker, there is no question that over the years unions have done much good in improving the rights of w orkers in this country. And this Bill before us brings together the content of several existing Bills that it looks to replace. That is not a simple cut -and-paste, Mr. Speaker. That is a major undertaking that the Minister should be commended for, and thos e who work along with him, to bring this Bill together. I believe the Minister stated that there were like 10 tribunals existing now. And they will be
Bermuda House of Assembly replaced in this Bill by one. And that is a simplification that can only be good when you have labour dis putes, disagreements between employers and employees. Mr. Speaker, I believe this Bill will bring clarity in many areas of employer and employee relations. And clarity is one of the key ingredients, I believe, when you have a dispute to bringing a quick r esolution about. Because you can go back to the legislation and say, A, B and C are contained in that document. And therefore, each side knows what they can and what they cannot do. And I think that assists in bringing about quick resolutions. This is a f airly large undertaking, Mr. Speaker. This Bill is not short. There are many clauses. There are a lot of good clauses, and there may be some that you do not agree with, Mr. Speaker. You may not like them. Will this Bill be the end of required amendments? N o way, Mr. Speaker. As society evolves and as jobs evolve, as people come and people go within management and within the labour force, more amendments will be required. But what I will say, Mr. Speaker, as someone who employs people, as som eone who has been a member of the union, that the labour pool is greater than just those who may be members of a union. And we have to keep that in mind when we are passing legislation. It should be the entire labour force that we are looking to protect. Mr. Speaker, thi s Bill is a good start. It should be a Bill that we all should be able to support as even if we do not agree with one or two individual clauses. And I again would like to commend the Minister and his team for just that, a good start in consolidating, simplifying and clarifying this area with this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to make a contribution at this time? No other Member. Minister. Just hold off, Minister. I think we have—
Mr. Scott Pearma nAnd I will hold to that. You can hold me to that. I just have one particular observation. And indeed it kind of follows from what the last speaker, MP Campbell, just had to say, which I jotted down. He said, The labour force is greater as a whole than …
And I will hold to that. You can hold me to that. I just have one particular observation. And indeed it kind of follows from what the last speaker, MP Campbell, just had to say, which I jotted down. He said, The labour force is greater as a whole than the union. And the goal is to protect the labour force as a whole. And I would agree very much with that sent iment and with that remark. And I just want to comment on one aspect of the Bill that I find truly surprising. And that was announced in the Minis ter’s brief, which is that those people who choose by their own free will in a dem ocratic society not to be members of the union, but nonetheless allow for their salary to be contributed to charity, must now against their will give 50 per cent not to the c harity —the charity loses out 50 per cent — and it goes to the union. And that is by reason of clause 64 and the definition of “partial contribution” at page 23 of the Bill. And I think it is astounding. I appreciate that this Government is a labour government. I appreciate the sentiments in support of labour. But to take money out of the mouths of charity at this time and compel people to give that to the union when they clearly do not wish to do so— otherwise, they would not have elected charitable contribut ions—just strikes me as fundamentally wrong. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution? No other?
Mr. Christopher FamousI have worked in a union shop all my life, all my adult life. And there are people who say, Oh, I don’t want to be part of the union! And they say they will put their money in charity. Okay. Pick a charity —SPCA (cats), whatever, right? But then …
I have worked in a union shop all my life, all my adult life. And there are people who say, Oh, I don’t want to be part of the union! And they say they will put their money in charity. Okay. Pick a charity —SPCA (cats), whatever, right? But then when it comes to negotiating for higher raises or better benefits, they are first in line to say, Hey, make sure that we get this or make sure that we get the other. And you say, Well, hold on. You’re not a union member. Why are you— Yeah, but I’m an employee. I should get the same as everybody else. What is my point here? My point is when the unions, whatever union goes in and negotiates for the workers, whether it is higher pay, better benefits, job security, they do not say, Oh well, we’re here for be nefits for everybody but Renee, because Renee deci ded to give some money to St. George’s Cricket Club because they need to buy more players . . . Right? They do not do that. So when I hear a Member sa ying, Oh, you’re taking money out of a charity’s pocket and there is something wrong with that, the question 352 11 December 2020 Official Hansard Report
Bermuda House of Assembly that has to be asked is, If someone does not want to help a union, why should a union help that person? The union still helps the person, but those people still refuse to help the union. So, you know, that is a provision in this Bill that I fully support. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? No other Honourable Member. Minister, would you like to wrap this up? Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, it would be remiss of me not to thank the former Minister, …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution at this time? No other Honourable Member. Minister, would you like to wrap this up?
Hon. Jason Hayward: Thank you, Mr. Speaker. Mr. Speaker, it would be remiss of me not to thank the former Minister, Minister Foggo, who was part of the team who did some of the heavy lifting to get this Bill across the finish line. Mr. Speaker, there has been talk about this partial contribution, so hopefully I can clarify it. When there is a certification for a union to take place, that means that some workers within an organisation have determined that they want to be unionised. Thirty -five per cent of those members determine that they want to be unionised. The workers take a ballot. If 51 per cent of those persons determine that they want to be unionised, the union becomes the sole bargaining agent for the entire unit. That is both members and non-members —those persons who choose to give their contributions to charity or those persons who choose to give their contributions to the union and still choose not to be a member. And then you have those who choose to be members, so there are three sets of people. All of those individuals benefit equally, no matter where the money goes, from the negotiated provisions that are contained within a col lective bargaining agreement. Those persons who give their money to charity do not have individual bargaining rights, and as a result the union bargains for them on their behalf. The union is providing a service to those individuals. Even if that individua l is new to the wor kplace, sometimes unions have been in workplaces for the last 20 years. And through numerous years of negotiation have developed a collective agreement that has superior benefits. And so the partial contribution is a recognition for the service that the union provides to those members. One could talk about an involuntary relationship. But there are two involuntary relationships. First, the union working on behalf of people who do not want to contribute to the union; and then the other half would be persons who do not want anything to do with the union, but are forced to contribute. But they are receiving a service, and for that service we say that they are required to pay. This provision does not emanate solely from the benches of the Pr ogressive Labour Party. The Labour Reform Advisory Committee opined on this particular matter. And they came to the common acceptance, saying, yes, everybody in that bargaining unit benefits from the work that the union does. So why is it fair that a chari ty gets that individual’s money? That is why the partial contribution exists. And I hope that this clarifies that there is a service relationship that takes place, whether voluntary or involuntary. As a result, a contribution has to be made for that servic e. Mr. Speaker, I will now move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes. House in Committee at 9:44 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL TRADE UNION A ND LABOUR RELATIONS (CONSOLIDATION) ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020 . Minister Hayward, you have the floor. Hon. Jason Hayward: Mr. Chairman, this Bill seeks to consolidate the Trade Union Act 1965 …
Honourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020 . Minister Hayward, you have the floor.
Hon. Jason Hayward: Mr. Chairman, this Bill seeks to consolidate the Trade Union Act 1965 [TUA], the Labour Relations Act 1975 [LRA], and the Labour Disputes Act 1992 [LDA] into a single Act; to establish an Employment and Labour Relations Code in respect of trade union, labour relations and employment - related matters and to provide for general reforms in respect of such matters; to provide for civ il penalties to be imposed under the Employment and Labour Code; to provide for a single tribunal called the E mployment and Labour Relations Tribunal; and to pr ovide for related matters. Mr. Chairman, I am going to attempt to move 10 unequal parts. And so—
The ChairmanChairmanWhat do you mean, clauses 1 through 10? Hon. Jason Hayward: No. I am going to move the 103 clauses into 10 unequal parts.
The ChairmanChairmanOh, okay. Hon. Jason Hayward: I begin with clauses 1 through 4, which may seem strange because there are 103clause in the Act. But I can guarantee the other parts will allow me to catch up. Bermuda House of Assembly The Chairman: All right. Understood. Yes, understood. Hon. Jason Hayward: …
Oh, okay.
Hon. Jason Hayward: I begin with clauses 1 through 4, which may seem strange because there are 103clause in the Act. But I can guarantee the other parts will allow me to catch up.
Bermuda House of Assembly The Chairman: All right. Understood. Yes, understood.
Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 1 through 4.
The ChairmanChairmanContinue. Hon. Ja son Hayward: Clause 1 is the citation of the Bill. Clause 2 provides for definitions of terms used in the Bills. The definitions are largely modelled after the definitions set out under the Trade Union Act 1965, the Labour Relations Act 1975 and the Labou r Disputes …
Continue. Hon. Ja son Hayward: Clause 1 is the citation of the Bill. Clause 2 provides for definitions of terms used in the Bills. The definitions are largely modelled after the definitions set out under the Trade Union Act 1965, the Labour Relations Act 1975 and the Labou r Disputes Act 1992. New terms provided under clause 2 include “civil penalty,” which is a penalty imposed by either the Labour Relations Manager or the Tribunal in respect to a contravention not constituting a criminal offence; an “employer’s organisation,” which is an organisation established by employers, the principal purposes of which are the representation and prom otion of employers’ interests and the regulation of rel ations between employers and employees; and “ Tribunal,” which means the tribunal est ablished under the [Employment ] Act 2000, as amended by this Bill. This clause also clarifies the definition of “worker” to i nclude, sub ject to that provision, an employee under section 4(1) of the Employment Act and a person listed under sec tion 4(2) of the Act who is not an employee for the purpose of that Act. Clause 3 provides for persons to whom the Bill shall not apply. This provision is largely modelled after the Trade Union Act 1965 and the Labour Rel ations Act 1975, but removes the reference to prison officers for the purpose of the Prisons Act 1979 with the fact that prison officers are not excluded from the application of this Bill. Clause 4 provides for the application of the Crown.
The ChairmanChairmanAre there any further speakers to clauses 1 through 4 of this Bill? No speakers. Minister, do you want to move clauses 1 through 4, have them approved? Hon. Jason Hayward: Mr. Chairman, I move that clauses 1 through 4 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are t here any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Jason Hayward: Mr. Speaker, I will now move clauses 5 through 19. The Chairman: Continue. Hon. Jason Hayward: …
It has been moved that clauses 1 through 4 be approved. Are t here any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.]
Hon. Jason Hayward: Mr. Speaker, I will now move clauses 5 through 19. The Chairman: Continue.
Hon. Jason Hayward: Clause 5 is the first pr ovision under Part 2, Trade Unions, Chapter 1 of the Bill. Part 2 adopts largely the provisions of the Trade U nion Act with some modifications, and Chapter 1 provides for the object s, purposes and registration of trade u nions. Clause 5 provides for th e definition of “trade union,” which is the same as under the Trade Union Act, but includes reference to the representation and promotion of workers’ interests. This clause also pr ovides that an employer’s organisation shall, unless the context otherwise r equires, constitute a trade union. Clause 6 provides for the objects and purposes of the trade union, and enables a trade union to be registered even if under its constitution it has purpos-es other than the purpose for which it was established. Clause 7 provides that a trade union shall not be treated as a body corporate, except to the extent authorised under the Bill , but that the trustees may still sue and be sued. This clause also provides that the Friendly Societies Act 18 68 shall not apply to any trade union. Clause 8 provides that the purposes of any trade union shall not be deemed unlawful so as to render any trade union members liable to criminal prosecution or to make any agreement or trust void because such purposes are in restraint of trade. Clause 9 prohibits a court from e ntertaining any a ction against a trade union in respect of any tortious act alleged to have been committed by or o n behalf of the trade union. Clause 10 provides for trade unions’ related agreements in respect of which the courts have no power to entertain any legal proceedings instituted for the purposes of directly enforcing or recovering damages for the breach of such agreements. Clause 11 establishes the Registrar General and the Registrar of Trade Unions and requires the Registrar to keep and maintain a register of every trade union registered under the Bill and to make such register available for public inspection at all reasonable hours. Clause 12 requires the registration of a trade union upon its establishment and makes i t a summary offence for anyone on whom the duty falls to make an application for registration who fails to comply with such duty. Clause 13 makes it a summary offence to be a member of an unregistered trade union. Clause 14 sets out the procedure for the registration of a trade union and its constitution. Clause 15 provides for the registration of a trade union and for the issuance of a certificate of registration to that trade union by the Registrar. Clause 16 provides for the cases in which the Regist rar may withdraw or cancel a trade union’s cer354 11 December 2020 Official Hansard Report
Bermuda House of Assembly tificate of registration, sets out the procedures for such withdrawal or cancellation and makes the continued operation of a trade union after the withdrawal or cancellation of its certificate of registration a summary offence. Clause 17 prohibits a trade union registered in Bermuda from being connected to any trade union or organisation if, as a result of such connection, the trade union or any of its members is placed under the control of a trade union or other organisation which is established outside of Bermuda. Clause 18 requires that notice be given to the Registrar where there is a change in the trade union’s registered address and makes failing to give such notice as required a summary offence. Clause 19 provides for an appeal to the S upreme Court f rom a decision of the Registrar in rel ation to a refusal to register a trade union, a withdrawal or cancellation of a certificate of registration of a trade union, or a refusal to register an amendment or alt eration to the constitution.
The ChairmanChairmanThank you, Minister. Any further speakers to clauses 5 through 19?
The ChairmanChairmanHonourable Member Richardson, yes.
Mr. Jarion RichardsonThank you. T hank you, Ho nourable Minister. Just some questions on clause 10(1) “Subject to this Act, the courts shall not have power to entertain any legal proceedings . . . .” And then it goes through “(a) any agreement between members of a trade union . . . …
Thank you. T hank you, Ho nourable Minister. Just some questions on clause 10(1) “Subject to this Act, the courts shall not have power to entertain any legal proceedings . . . .” And then it goes through “(a) any agreement between members of a trade union . . . (b) any agreement for the payment of any person of any subscription . . .,” et cetera and so forth. It sounds like there is a set of, should a disagreement occur in these circumstances, a person would not have recourse to a court of law. So my first question is, Is that the intent? And then I think that the Registrar General will act as Registrar of Trade Unions. I was inquiring if there was any increase in their resources. There is also clause 13, Honourable Minister. It makes it a summary offence to be a member of an unregistered trade union. That seemed a bit severe giving it a $1,000 penalty on summary conviction for a member. Would that not be more appropriate for an officer or someone involved in the control of the union, of the unregistered union? Thank you, Mr. Chairman.
The ChairmanChairmanMinister. Hon. Jason Hayward: MP Richardson, let me just state that those clauses that you have mentioned have been clauses that would have been found in the original Trade Union Act 1965. And so those are not amendments. T hose would be existing provisions that we are carrying over into …
Minister.
Hon. Jason Hayward: MP Richardson, let me just state that those clauses that you have mentioned have been clauses that would have been found in the original Trade Union Act 1965. And so those are not amendments. T hose would be existing provisions that we are carrying over into this particular Bill and that have been practiced for a number of years. But more specifically, the way in which labour relations are handled, labour relations are normally handled outside of the court environment. And so, yes, the whole purpose of this mechanism is that they have specific tribunals that rule over labour relation matters in the first instance. Secondly, we want to prohibit persons from operating in unregistered trade unions. And operating in an unregistered trade union is dangerous because you have persons who then collect fees with no accountability in terms of a const itution, members having proper say. And in some i nstances, if we can go back to times outside of Berm uda, whi ch I cannot speak about this happening in Bermuda, but I know outside of Bermuda, where the mobs in certain jurisdictions will organise labour for their own purposes and control those funds. And so, certainly we do not want to have that type of enviro nment in Bermuda. And that is why that is important. You asked a third question that I did not catch. Can you repeat it?
Mr. Jarion RichardsonThank you, Honourable Mi nister. It was the penalty from the summary . . . no, no. That is not it. I am a little early. Sorry for that.
The ChairmanChairmanClause 11 about the Registrar General?
Mr. Jarion RichardsonYes. Were there any more resources given to them for their additional duties? Hon. Jason Hayward: And so the se are not additional duties to the Registrar. T hey have been governing trade unions from the inception of the Act.
The ChairmanChairmanThank you, Minister. Are there a ny further speakers? No further speakers. Minister, do you want to move those clauses? Hon. Jason Hayward: I move for the approval of clauses 5 through 19.
The ChairmanChairmanIt has been moved that clauses 5 through 19 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 5 through 19 passed.] Bermuda House of Assembly Hon. Jason Hayward: Mr. Chairman, I now move clauses 20 through 39.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 20 is the first provision under Chapter 2 of Part 2 of this Bill. Chapter 2 pr ovides for the administration and membershi p of trade unions. This clause sets out what the requirements in relation to the constitution of a registered trade union. It …
Continue. Hon. Jason Hayward: Clause 20 is the first provision under Chapter 2 of Part 2 of this Bill. Chapter 2 pr ovides for the administration and membershi p of trade unions. This clause sets out what the requirements in relation to the constitution of a registered trade union. It provides for the registration of an amendment or alteration to the constitution, enables the Registrar to refuse to register an amendment or alteration, and requires a registered trade union to make its constit ution avail able to the public upon request. Clause 21 provides for the information to be submitted annually by a registered trade union to the Registrar and provides for summary offences for any failure to comply. Clause 22 makes it a summary offence for any person to circulate a false copy of a trade union’s constitution. Cause 23 provides for offences in relation to the falsification of accounts in respect of a trade union by any officer or member of, or person employed by a trade union. Clause 24 enables the Registrar, with the consent of the Director of Public Prosecutions, to inst itute proceedings for any offences under the procee ding sections of clause of Part 2, and to conduct such proceedings. Clause 25 enables a registered trade union, not including an employer’s organisation, to purchase or lease land not exceeding one acre and to sell, exchange, mortgage or let any such land. Clause 26 provides for the vesting and control of any pr operty belonging to a registered trade union, not including an employer’s organisation, in the trus-tees of the trade union for the use and benefit of the trade union and its members. Clause 27 provides for the trustees of the registered trade union, not i ncluding an employer’s organisation, to bring and defend actions concerning the property rights for claim to property of the trade union and to sue and be sued in cases relating to the property of the trade union. Clause 28 limits the liability of a trust ee of a registered trade union for any deficiency in the funds of that trade union, but provides for the liability of a trustee for monies which are actually received by him on ac count of the trade union. Clause 29 requires every treasurer or other officer of a registered trade union to render to its members audited accounts in keeping with this clause and with the trade union’s constitution and to hand over, if so required, to the trustees any balance or other property of the trade union in his custody. Clause 30 pro vides for a penalty to be given to any person by a court of summary jurisdiction in respect of any false representation to obtain any money or other effects of a trade union or the wit hholding or fraudulent misapplication of any monies or other effects of a trade union. Clause 31 restricts the application of the funds of a trade union in furtherance of certain political o bjects. Clause 32 prohibits certain persons from being an officer of a trade union or from being employed in the administration or co llection of funds of a trade union. Clause 33 provides for the process by which a trade union may change its name. Clause 34 provides for the process by which two or more trade unions may be amalgamated and provides that such an amalgamation may be effected with or without any dissolution or division of the funds of a trade union. Clause 35 requires written notice of every name change or amalgamation of a trade union be given to the Registrar to register such change or amalgamation and [provides] that no such change of name or amalgamation shall take effect until it is so registered. Clause 36 requires notice to be given to the Registrar in respect of the dissolution of a trade union and provides for the Registrar to register such notice of dissolution. Clause 37 provides for the forfeiture of money where an y officer or other person bound by the const itution of a trade union to give notice or send or pr oduce any document, which under this Bill is required to be given, sent or produced, fails to do so. Clause 38 makes provision, subject to a trade union’s constitution, for a person under 18 but over 16 years of age to become a member of a trade union but restricts the holding of any office of a trade union to members who are 18 years of age or older. Clause 39 sets out the rights of a worker in respect of his trade union membership and provides for the associated obligations of an employer arising in relation to such worker’s rights. Mr. Chairman, you are muted.
The ChairmanChairmanThank you, thank you. Thank you, Honourable M inister. Are there any further speakers to clauses 20 through 39?
Mr. Jarion RichardsonThank you, Mr. Chairman. I have got a question on clause 21, annual returns to be transmitted to the Registrar. In the past this has not been complied with. Does this body of legislation provide for —how is that going to be nav igated because I get that it is …
Thank you, Mr. Chairman. I have got a question on clause 21, annual returns to be transmitted to the Registrar. In the past this has not been complied with. Does this body of legislation provide for —how is that going to be nav igated because I get that it is still there, but I am not 356 11 December 2020 Official Hansard Report
Bermuda House of Assembly quite sure I see how —or is it dealt with in another section how we are actually going to make sure that this happens? Thank you.
The ChairmanChairmanAny further speakers? Minister? Hon. Jason Hayward: MP Richardson. I can assure you that the Registrar keeps up with the trade unions regarding their books. I think it is a misconception that it is not being complied with. I know that the majority of the unions are up to date …
Any further speakers? Minister? Hon. Jason Hayward: MP Richardson. I can assure you that the Registrar keeps up with the trade unions regarding their books. I think it is a misconception that it is not being complied with. I know that the majority of the unions are up to date and those ones that were behind have put the work in place to catch up. I know that when I was the president the Bermuda Public Service Union, I was behind by a number of years. The Registrar continued to provide notice to the extent that the BPSU now has a full -time treasurer because of the requirements to keep up with the Registrar. So, I know that unions take this seriously and I know that the work —and I can attest to the work that the Regi strar actually does to stay on top of the books. But I would say to be mindful when you say that the trade unions have not been keeping up because that is a general misconception —especiall y in the matter of the Bermuda Industrial Union.
Mr. Jarion RichardsonOkay. Thank you. I have read some credible source material on that, so that is all. I am not saying that it happened all the time. But clearly, it must have happened at some point. Thank you for clarifying.
The ChairmanChairmanAny further speakers to clauses 20 through 39? There appear to be none. Minister —do you want to move clauses 20 through 39? Hon. Jason Hayward: Mr. Chairman, I move that clauses 20 through 39 be approved.
The ChairmanChairmanIt has been moved that clauses 20 through 39 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 20 through 39 passed.]
The ChairmanChairmanMinister , before you continue, you have some amendments. Have they —are you aware — Hon. Jason Hayward: Clause 57 has the first amendment.
The ChairmanChairmanYes, but we need to give them out before then. You need to — Hon. Jason Hayward: I distributed the amendments to the Whip and it was my understanding that the Whip was distributing the amendments.
The ChairmanChairmanOkay. No problem. Continue, Minister . Hon. Jason Hayward: Mr. Chairman, I will appreciate your guidance when we come to the sections that need to be amended.
The ChairmanChairmanOkay. Hon. Jason Haywa rd: Mr. Chairman, I now move clauses 40 through 60.
The ChairmanChairmanI will tell you what. Go [clauses] 40 through 56. I think the amendment is 57, is that your first one? Hon. Jason Hayward: Correct.
The ChairmanChairmanOkay. Let us —so, if you go from 40 through 56, if I can suggest that to you. Hon. Jason Hayward: Mr. Chairman, I move clauses 40 through 56.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. Chairman, clause 40 is the first provision under Part 3 (exclusive bargaining rights for certain trade unions) Chapter 1 of the Bill. Chapter 1 provides for the certification of a union, meeting the definition provided in clause 40, as the exclusive bargaining agent for a …
Continue.
Hon. Jason Hayward: Mr. Chairman, clause 40 is the first provision under Part 3 (exclusive bargaining rights for certain trade unions) Chapter 1 of the Bill. Chapter 1 provides for the certification of a union, meeting the definition provided in clause 40, as the exclusive bargaining agent for a bargaining unit. This clause sets out the terms specific to Part 3 as adopted from the Trade Union Act [1965] except for the new term “partial contribution,” which means 50 per cent of an a ppropriate contribution. Clause 41 enables a registered union, clai ming to have 35 per cent or more of the workers in a proposed bargaining unit as members in good stand-ing of that union, to apply to the Labour Relations Manager to be certified as the exclusive bargaining agent in respect of that proposed bargaining unit. Clause 42 provides for the form and proc edure pursuant to which a registered trade union may make an application to be certified as the exclusive bargaining agent of a proposed bargaining unit. This clause also requires a union to serve notice of such application on the employer and protects the identity of any worker wishing to have the union as his excl usive bargaining agent from being disclosed. Clause 43 enables the Labour Relations Manager, in the case of an application for certification having been made, to assist the union and the em-ployer in determining the appropriate bargaining unit. This clause also requires the manager, where the u nBermuda House of Assembly ion and the employer are not able to agree on the determination of the appropriate bargaining unit, to advise the Minister who will then refer the issue to the Tribunal for determination. Clause 44 requires an employer, after recei ving notice of a union’s application for certification, to respond within 10 days, reduced from 14 days, to the Labour Relations Manager, that he either agrees to or opposes the application. Where an employer agrees to the application, the manager shall certify the union in accordance with section 46, and where the emplo yer opposes the application the manager shall conduct a ballot pursuant to section 47. Clause [45] places a duty on an employer, who has received notice of an application for certific ation, to designate a person who may take on his b ehalf any action as may be required to be taken by the employer for the purposes of Part 3 Chapter 1 (Certif ication). Clause 46 enables the Labour Relations Manager to automatic ally certify a union as the excl usive bargaining agent in respect of a proposed bargaining unit in any case where only one application for certification is made, the employer has agreed to such application, and the Labour Relations Manager is satisfied tha t more than 60 per cent of the workers in that unit wish to have the union as their exclusive bargai ning agent. This clause also adopts the deeming prov ision set out in section 30F of the Trade Union Act 1965 to enable the deemed certification in respect of certain union parties under that Act to be retained un-der this Bill. Clause 47 provides for the certification of a union by way of ballot conducted by the Labour Rel ations Manager. Clause [48] places a duty on employers, in relation to the conduct of a ballot, to take all necessary steps to ensure workers who are eligible to vote in a ballot have the opportunity to do so and to permit workers to be absent from work to vote without a deduction in pay. Clause 49 provides for the protection of persons voting in a ballot, for a civil penalty to be i mposed for any contravention, and for the Tribunal in the case of a contravention to declare the outcome of a ballot null and void. Clause 50 provides for the conduct of persons generally in relation to a ballo t, for a civil penalty to be imposed by the Tribunal for any contravention of the Tribunal in the case of a contravention to declare the outcome of a ballot null and void. Clause 51 provides for the grant or refusal of certification by order by the Labour Relations Manager and, in the case of a refusal, such refusal shall be on the grounds that the Labour Relations Manager is not satisfied that more than 50 per cent of the workers in the bargaining unit support the certification of the union. Clause 52 re quires an employer to deal with a union that has been certified as the exclusive bargai ning agent in respect of a bargaining unit, and requires both the employer and the union to negotiate with each other in good faith for the purposes of collective bargai ning. Clause 53 provides that where an employer decides to close, sell or otherwise transfer his under-taking and where a union has either made an applic ation for certification or is certified in respect of a bar-gaining unit in t hat employer’s undertaking, the employer must give notice to the Labour Relations Ma nager and to the union of the time of, the reasons for, and the number and category of persons who will be affected by such closure, sale, or other such transfer of the undertaking. This clause also m akes an e mployer who fails to comply with this provision liable to civil penalty. Clause 54 provides for successor obligations where an employer sells or otherwise transfers his undertaking in any case where a union has either made an application for cert ification or is certified in respect of a bargaining unit in that undertaking. This clause also provides for successor obligations, in the case of an amalgamation of unions, and provides that a successor union is deemed to have acquired the rights, privile ges and duties of its predecessor under a collective agreement. Clause 55 provides that the effect of certific ation of a union include; (a) a requirement that the union provide full and fair representation of the interests of all workers in the bargaining unit in respect of their rights under a collective bargaining agreement; (b) the replacement of any other union previously certified and the exclusive authority of the certified union to bargain collectively on behalf of the bargaining unit; (c) the establishment of an agency shop in respect of that bargaining unit; and (d) the cancellation and termination of the replaced union’s certification and agency shop, respectively. This clause also makes void any provision in an existing collective bargaining agree ment, made before the coming into operation of this Bill, which is contrary to the requirement to pr ovide full and fair representation and an agency shop. Clause 56 prohibits an employer from denying an authorised representative of a union which is cert ified in res pect of a bargaining unit in that employer’s undertaking, reasonable access to the employer’s premises for the purposes of the activities of the u nion. This clause also provides for permission to be given by the employer before such activities may be engaged in and makes an employer who fails to pr ovide reasonable access or a union that engages in activities without the employer’s permission, liable to receive a civil penalty as may be imposed by the Tr ibunal.
The ChairmanChairmanThank you, Honourable Minister. 358 11 December 2020 Official Hansard Report Bermuda House of Assembly Are there any further speakers to clauses 40 through 56? There appear to be none. Minister, do you want to move those clauses? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 40 …
The ChairmanChairmanIt has been moved that clauses 40 through 56 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 40 through 56 passed.]
The ChairmanChairmanHonourable Minister, if you want to introduce the amendment now, you can do that first — on 57. AMENDMENT TO CLAUSE 57 Hon. Jason Hayward: Mr. Chairman, I would like to amend clause 57. In clause 57(1), I would like to delete “do not or.”
The ChairmanChairmanRight. You want to read . . . would you read the whole amended clause in case people do not . . . in case Honourable Member s do not have it. Hon. Jason Hayward: [Clause] 57(1): A worker in a bargaining unit (“the existing unit”) may, at any time …
Right. You want to read . . . would you read the whole amended clause in case people do not . . . in case Honourable Member s do not have it.
Hon. Jason Hayward: [Clause] 57(1): A worker in a bargaining unit (“the existing unit”) may, at any time after the expiration of one year after a union has been certified in respect of that unit, make application in writing to the Manager for the cancellation of the cert ification on the grounds that 35 per cent or more of the workers in that unit no longer support the union as the exclusive bargaining agent for that unit.
The ChairmanChairmanAny speake rs to clause 57 . . . the amendment? Hon. Michael H. Dunkley: Yes, Mr. Chairman. [Inaudible interjections] Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Just a question to the —
The ChairmanChairmanHonourable Member Mr. Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Just a question to the Honourable Minister. Can he please give some background for the amendment and why those three words are deleted? Hon. Jason Hayward: What was done was we reverted back to …
Honourable Member Mr. Dunkley, you have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Chairman. Just a question to the Honourable Minister. Can he please give some background for the amendment and why those three words are deleted? Hon. Jason Hayward: What was done was we reverted back to the original language that was in the Trade Union Act 1965. It is important that the words “no longer support” reign supreme over “do not support.” So, in context, what you would have is, you would have a minority group of persons who could have been on the losing side of a certification ballot. What would happen is, if you do not have those persons that no longer support trigger the decertification vote, what you actually have is those same members who will on a continuous basis trigger vexatious and continuous decertifi cation ballots. We then wish current legislation to read there is no time period in which what would be prohibited from triggering a decertification ballot. So, under certification, if a union goes to cert ify a group of workers, then you can apply for certific ation within another year’s time. In terms of decertific ation, those members who never supported you in the first place can continue to do— what will continue to be vexatious actions to try and decertify the union. So, as a result, the change in beha viours will come from those members that were once a part or supported the union to trigger a certification, that when you come to the decertification ballot all those members who are either are in agency shop or are unionised meaning, agency shop means they pay contribution to the union or are members to the union that participate on the ballot.
Mr. Vance CampbellIt is MP Campbell. Mr. Speaker . . . I mean Mr. Chairman, sorry, I would like to ask the Minister whether or not the effect of that change amounts to only union members that are part of that collective unit can vote in a decertific ation process.
The ChairmanChairmanHonourable Minister . Hon. Jason Hayw ard: There are two categories of members that can vote in the decertification process and those are members who paid agency shop which means they paid their monies go to the union prem ium—or members of the union can participate in a d ecertification …
Honourable Minister .
Hon. Jason Hayw ard: There are two categories of members that can vote in the decertification process and those are members who paid agency shop which means they paid their monies go to the union prem ium—or members of the union can participate in a d ecertification ballot. What you did is prior to this legisl ation you had work places that had no agency shop agreement , which means members did not pay contr ibutions to a union nor a charity, within a bargaining unit. And so those persons in the past were prohibited from partic ipating.
The ChairmanChairmanAny further speakers? Bermuda House of Assembly No further speakers? Minister , you want to move the amendment [to] clause 57? Well, you will want to move clause 57 as amended, I should say. Hon. Jason Hayward: Mr. Chairman, I would like to move clause 57 as amended.
The ChairmanChairmanIt has been moved that clause 57 as amended be approved. Are there any objections to that? Approved. Continue, Minister . [Motion carried: Clause 57, as amended, passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move cl auses 58 through 61.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 58 requires the cance llation of certification be made by order by the Labour Relations Manager. This clause also provides that where a union’s certification is cancelled, the agency shop in respect of that union shall terminate, and that the union shall not be permitted …
Continue. Hon. Jason Hayward: Clause 58 requires the cance llation of certification be made by order by the Labour Relations Manager. This clause also provides that where a union’s certification is cancelled, the agency shop in respect of that union shall terminate, and that the union shall not be permitted to apply for certific ation in respect of that bargaining unit until the expir ation of 12 months. Clause 59 gives effect to Schedule 1 which sets out the procedure to be followed in the conduct of a ballot. Clause 60 provides for the form and delivery of an order made by the Labour Relations Manager in respect of the grant or refusal of certification, the cancellation of certification, or the rejection of an applic ation for the cancellation of certification. This clause also enables the union or the employer to appeal to the Tribunal (via the Minister) such an order. Clause 61 is the first provision under Part 3, Chapter 2. Chapter 2 deals with agency shop and this clause provides that, pursuant to certification, there shall be an agency shop where the terms and conditions of employment of any worker (for whom collec-tive bargaining may take place) include a condition that such worker must either be a member of the union or agree to pay appropriate contributions to that union in lieu of membership. This clause also requires an employer of a worker, for whom collective bargai ning may take place, to set up the agency shop in accordance with the collective bargaining agreem ent and in respect of the description of workers to whom such agreement applies. Finally, this clause provides that any employer who fails to comply shall be liable to a civil penalty as may be imposed by the Labour Relations Manager or by the Tribunal.
The ChairmanChairmanThank you, Minister —Honourable Minister. Are there a ny further speakers to clauses 58 through 61? Hon. Michael H. Dunkley: Mr. Speaker —sorry, Mr. Chairman.
The ChairmanChairmanHonourable Member Dunkley. Hon. Michael H. Dunkley: Yes, Mr. Chairman. Clause 61, agency shop, Mr. Chairman. This is the clause that colleagues and I had spoken to briefly during the introduction of the Bill, and I certainly can understand a union’s belief that they should be entitled to all employees …
Honourable Member Dunkley.
Hon. Michael H. Dunkley: Yes, Mr. Chairman. Clause 61, agency shop, Mr. Chairman. This is the clause that colleagues and I had spoken to briefly during the introduction of the Bill, and I certainly can understand a union’s belief that they should be entitled to all employees of the company payin g dues to the union. In this case, it would be 50 per cent of the dues, and the other 50 per cent would go to charity. But, Mr. Chairman, I would like to put the point out there that, obviously, I would hope that every person supports the ability or the r ight for an employee to have freedom of choice. And in this case, Mr. Chai rman (and Minister, I say this with respect), employees are not given a choice. It is just mandated that they will have to pay 50 per cent to the union and 50 per cent to the charity of their choice. This is a real stretch when it comes to the freedom of choice for an employee. I understand the arguments on both sides of it, Mr. Chairman, but my final comment would be that if unions feel strongly about their representation and if unions feel strongly that in that representation they might [convince] even non -union members that they are doing a good job, those members —nonmembers —would actually want to be members in time because they are getting represented well. I think we are taking a big step here taking away somebody’s freedom of choice and just mandating that they have to pay 50 per cent to the union and 50 per cent to the charity.
The ChairmanChairmanAny further speakers? Minister. Hon. Jason Hayward: I believe that matter was suff iciently covered when we were debating the legisl ation.
The ChairmanChairmanAny further speakers? Any further speakers? There appear to be none. Minister , do you want to move the clauses 58 through 61? Hon. Jason Hayward: Mr. Chairman, I would like to move the clauses 58 through 61.
The ChairmanChairmanIt has been moved that clauses 58 through 61 be approved. Are there any objections to that? 360 11 December 2020 Official Hansard Report Bermuda House of Assembly There appear to be none. Approved. [Motion carried: Clauses 58 through 61 passed.] Hon. Jason Hayward: Mr. Chairman, I would like to …
The ChairmanChairmanYes, continue. AMENDMENT TO CLAUSE 62 Hon. Jason Hayward: In clause 62(2)(b), we want to delete “engage a worker” and substitute “engage a person.”
The ChairmanChairmanDo you want to read that w hole clause there so they can get it? Hon. Jason Hayward: To refuse to engage a person who, if engaged by the employer, would be a worker in relation to whom the agency shop applies, on the grounds that he is not a …
Do you want to read that w hole clause there so they can get it?
Hon. Jason Hayward: To refuse to engage a person who, if engaged by the employer, would be a worker in relation to whom the agency shop applies, on the grounds that he is not a member of that union and refuses to bec ome a member of it and also refuses to pay appropriate contributions to the union or, as pr ovided in section 64, contributes to a charity.
The ChairmanChairmanThank you, Minister . Are there any speakers to the clause 62 as amended? There appear to be none. Minister , do you want to move that clause as amended be approved? Hon. Jason Hayward: Mr. Chairman, I would like to move that clause 62 be approved as amended.
The ChairmanChairmanIt has been moved that clause 62 as amended be approved. Are there any objections to that? There are no objections. Approved. [Motion carried: Clause 62, as amended, passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 63 through 77.
The ChairmanChairmanContinue. Hon. Jason Hayward: [Clause] 63 provides for what may, under a collective bargaining agreement, const itute an appropriate contribution in lieu of membership to a union. This provision is largely adopted from the Trade Union Act [1965] and requires the employer to pay to the union the appropriate contributions …
Continue.
Hon. Jason Hayward: [Clause] 63 provides for what may, under a collective bargaining agreement, const itute an appropriate contribution in lieu of membership to a union. This provision is largely adopted from the Trade Union Act [1965] and requires the employer to pay to the union the appropriate contributions collec ted and to give to the union an account of the total amounts collected and the names of the workers from whom contributions were made. Clause 64 provides for partial contributions to be made to a charity in lieu of membership to a union in a case where a worker, in respect of whom an agency shop applies, objects to being a member of the union for whose benefit the agency shop exists and objects to paying appropriate contributions in lieu. In such a case, a partial contribution (50 per cent of the appropriate contribution) is paid to the charity s elected by him whilst the remainder is remitted to the union. This clause requires the employer to pay to the charity and to the union such contributions collected and to give to such charity and union a writt en account of the total amounts paid and remitted and the names of the workers from whom contributions were made. Clause 65 provides for the duration of an agency shop which shall be the period during which there is a union certified. This clause also pro vides, for the avoidance of doubt, that nothing in this Chapter shall render void any existing agreement or scheme under which an agency shop was entered into before the coming into operation of this Bill but that where such an agreement or a scheme includes a provision contrary to this clause, clause 63 (appropriate contr ibutions to union in lieu of membership) or clause 64 (partial contributions to charity) then that provision of the agreement or scheme shall be void. Clause 66 is the first provision und er Part 4 (labour disputes), Chapter 1 of the Bill, which provides for the reporting, conciliation and settlement of labour disputes. This clause defines a “labour dispute” as a dispute between an employer and worker(s) or be-tween workers and workers (of t rade unions on their behalf) in relation to the matters set out in that clause. This definition is largely modelled after that provided in the Labour Relations Act [1975] but includes, as a matter constituting a labour dispute, any contravention under Part 3 or [Part] 4 of the Bill for which a civil penalty may be imposed. This clause also provides that any matter that was the subject of a complaint under the Employment Act 2000 and which was settled or determined under that Act shall not constitute a labour dispute. Clause 67 provides for the reporting of labour disputes to the Labour Relations Manager and for such a report to specify the issues relevant to the di spute including any that may be agreed by the parties to the dispute. Clause 68 requires the Labour Relations Manager (or the public officer authorised by the L abour Relations Manager) to make inquiries after (a) receiving a report of a labour dispute or (b) where he has reasonable grounds to believe that there has been a contravention for which a civil penalty has been imposed (whether or not such contravention constitutes or is reported as a labour dispute). This clause also enables the Manager to require a person to supply information or provide documentation and makes any failure to comply a summary offence.
Bermuda House of Assembly Clause 69 requires the Labour Relations Manager, after making inquiries in relation to a report of a labour dispute, to endeavour to effect settlement and, if unable to do so, to refer the matter to the Mini ster. However, in the case of a r eport of a labour di spute in relation to a contravention (for which a civil penalty may be imposed) or, where he has reason able grounds to believe that there has been a contr avention, the Labour Relations Manager may, after making inquiries, impose a civil penalty or report the matter to the Minister. This clause also enables the Manager, where there is evidence of a contravention or breach of duty for which another authority is r esponsible, to notify and refer the matter to that author ity. Clause 70 provides for the referral of a labour dispute or other matter from the Minister to the Tribunal. This clause requires the Minister, after receiving a report from the Labour Relations Manager under section 69, to refer the matter to the Tribunal for determ ination or settlement by any means at its disposal u nder the Employment and Labour Code. This clause also provides in certain cases for the Minister, before referring a labour dispute to the Tribunal, to take any steps which seem to him to promote settlement of th e dispute. Clause 71 prohibits persons authorised to conciliate or mediate the parties to a labour dispute from disclosing any notes or minutes of proceedings pertaining to such conciliation or mediation. Clause 72 enables the Minister by notice in the Gazette to declare that a labour dispute exists or is apprehended. Clause 73 makes provision for where there is a difference arising between the parties in negoti ations in respect of a new collective agreement. This clause provides, expressly, for such dif ferences to be reported as a labour dispute and where the parties fail to conclude a new agreement, provides the continuation of the previous collective agreement until r eplaced by the new agreement. Clause 74 enables the Minister to refer to the Tribunal for advice, any matter relating to or arising out of a labour dispute which in his opinion ought to be referred. Clause 75 is the first provision under Part 4, Chapter 2 of the Bill, which deals with the essential industries and services. This clause provides for defined terms specific to this chapter (largely adopted from the Labour Relations Act [1975] ) and gives effect to Schedules 2 and 3 which list, respectively, the es-sential industries and essential services. This clause also enables the Minister t o amend those Schedules by order subject to affirmative resolution and provides for the application of this chapter to any labour di spute, difference or other conflict in any essential i ndustry or service. Clause 76 sets out what constitutes an unfair industrial practice for the purposes of Chapter 2. Clause 77 provides that, in respect of an unfair industrial practise, an aggrieved person may make a complaint to the Labour Relations Manager and that such a complaint shall be considered a labour dispute.
[Pause]
Hon. Jason Hayward: You are muted.
The ChairmanChairmanYes, thank you, Honourable Minister . Are there a ny further speakers to clauses 63 through 77? Hon. Michael H. Dunkley: Mr. Speaker.
The ChairmanChairmanYes, Honourable Member Dunkley. Hon. Michael H . Dunkley: Mr. Chairman, clause 71.
The ChairmanChairman[Clause] 71? Hon. Michael H. Dunkley: Page 39, duty to keep notes confidential. Can the Honourable Minister please give me a definition of what is in that category of notes? Or let us put it this way, Mr. Chairman, to the Honourable Minister, it says in that section that parties …
[Clause] 71?
Hon. Michael H. Dunkley: Page 39, duty to keep notes confidential. Can the Honourable Minister please give me a definition of what is in that category of notes? Or let us put it this way, Mr. Chairman, to the Honourable Minister, it says in that section that parties to a labour dispute shall be required to disclose to any person any notes or minutes of any proceedings pertaining to such conciliation or mediation. Those notes or minutes . . . do they include emails? Hon. Jason Hayward: Correct. Hon. Michael H. Dunkley: Okay, because “notes” is an older term and “emails” is newer use, so I am just clarifying to make . . . that would include any official document that is sent.
Hon. Jason H ayward: Correct. So, what we are tr ying to do is keep the conciliation and mediation pr ocess separate from the arbitration process. So, you may come to some agreements in terms of give and take in the mediation process but not reach an agreement, and then what we find is that parties try to use the information that was disclosed in mediation or conciliation when parties are supposed to be open and unguarded in the arbitration process. So, what we are trying to do is create an environment where an ything that is disclosed in those procedures cannot be used in the arbitration process, which is the next step.
Hon. Michael H. Dunkley: Thank you.
The ChairmanChairmanAny there any further speakers to clauses 63 through 77? There appear to be none. Honourable Mini ster, do you want to move clauses 63 through 77? 362 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: Mr. Chairman, I move clauses 63 through 77.
The ChairmanChairmanIt has been moved that clauses 63 through 77 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 63 through 77 passed.] Hon. Jason Hayward: Mr. Chairman, I want to amend clause 78.
The ChairmanChairmanYes? AMENDMENT TO CLAUSE 78 Hon. Jason Hayward: In clause 78(2)(a), (3)(a) and (3)(b), insert after “essential industry” the words “or service.”
The ChairmanChairmanContinue, Minister . You just want to read it all out. Hon. Jason Hayward: [Clause] 78(2) —
The ChairmanChairman[Clause 78](2)(a). Hon. Jason Hayward: Give me a second, Mr. Chai rman.
The ChairmanChairmanNo problem. Hon. Jason Hayward: So, [clause] 78(2)(a) an award determining the rights of the employer or the worker in the essential industry or service and of the trade union in relation to the matter to which the complaint relates. Under [clause 78](3)(a), against the employer in the essential industry …
No problem. Hon. Jason Hayward: So, [clause] 78(2)(a) an award determining the rights of the employer or the worker in the essential industry or service and of the trade union in relation to the matter to which the complaint relates. Under [clause 78](3)(a), against the employer in the essential industry or service shall not exceed $5,000 and in respect of each day during which the unfair industrial practice continues, shall not exceed $500 per day. Under [clause] 78(3)(b), against the worker of the essential industry or service shall not exceed two weeks’ wages and in respect of each day during which the unfair industrial practice continues, shall not exceed one day’s wage per day.
The ChairmanChairmanAny further speakers to clause 78, as amended? There appear to be none. Minister , you can move that. Hon. Jason Hayward: Mr. Chairman, I would like to move clause 78 as amended for approval.
The ChairmanChairmanIt has been moved that clause 78 as amended be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clause 78, as amended, passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 79 through 89.
The ChairmanChairmanContinue. Hon. Jason Hayward: Clause 79 provides for the enforcement or recovery of an award made in respect of a complai nt of an unfair industrial practice under clause 78. Clause 80 provides for restrictions on lock - outs, strikes, and industrial action short of a strike in the essential …
Continue.
Hon. Jason Hayward: Clause 79 provides for the enforcement or recovery of an award made in respect of a complai nt of an unfair industrial practice under clause 78. Clause 80 provides for restrictions on lock - outs, strikes, and industrial action short of a strike in the essential service. This clause provides for what constitutes a lawful lockout, strike and irregular industrial action short of a strike within an essential service and provides, in the case of a contravention, for a civil penalty to be imposed by the Tribunal. Clause 81 places a duty on employers, in r espect of workers employed in an essential servi ce, to comply with any requirement to give notice pursuant to rules made under section 97 and provides for a civil penalty to be imposed by the Tribunal on an employer who fails to comply. Clause 82 provides for the matters set out in the clause to be cer tified by the Labour Relations Manager and for such certificate to be admissible as evidence. Clause 83 is the first provision under Part 4 Chapter 3 of the Bill, which provides for various rights and restrictions that may arise in relation to a labour dispute. This clause prohibits an employer from taking certain actions against a worker and makes any con-travention a summary offence. Clause 84 provides for the restriction on liabi lity where the interference of another person’s bus iness is in contemplation or furtherance of a labour dispute. Clause 85 provides, subject to rules set out in Schedule 4, for peaceful picketing and for a civil penalty to be imposed by the Tribunal for any failure to comply with such rules. Clause 86 prohibits a person, with respect to the contemplation or furtherance of a labour dispute, from engaging in any acts of intimidation, and pr ovides that engaging in any such act constitutes a summary offence. Clause 87 sets out the actions that would constitute an unlawful lock -out, strike or irregular i ndustrial action short of a strike, and provides that where a person contravenes this provision that person shall be liable to a civil penalty as may be imposed by the Tribunal.
Bermuda House of Assembly Clause 88 provides for the protection of persons refus ing to take part in an unlawful lock -out, strike or irregular industrial action short of a strike. Clause 89 makes it a summary offence for a person, although acting in furtherance of a lawful l abour dispute, to wilfully break or terminate a contract of service knowing or having reasonable cause to believe that doing so will endanger human life, cause serious bodily injury, or cause injury to property.
The ChairmanChairmanThank you, Honourable Minister. Are there any further speakers to clauses 79 through to 89? There appear to be none. Minister , do you want to move those clauses? Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 79 through 89.
The ChairmanChairmanIt has been moved that clauses 79 through 89 be approved. Are there any objections to t hat? There appear to be none. Approved [Motion carried: Clauses 79 through 89 passed.]
The ChairmanChairmanContinue, Ministe r. Hon. Jason Hayward: Mr. Chairman, I would like to move clauses 90 through 103.
The ChairmanChairmanContinue. Hon. Jason Hayward: Mr. C hairman, clause 90 is the first provision under Part 5 (enforcement) of the Bill. This provision empowers the Labour Relations Ma nager to impose a civil penalty not exceeding $5,000 on a person who without reasonable excuse contr avenes a provision for whic h …
Continue. Hon. Jason Hayward: Mr. C hairman, clause 90 is the first provision under Part 5 (enforcement) of the Bill. This provision empowers the Labour Relations Ma nager to impose a civil penalty not exceeding $5,000 on a person who without reasonable excuse contr avenes a provision for whic h a civil penalty is liable to be imposed by the Labour Relations Manager and provides for an appeal to the Tribunal. This clause also gives effect to Schedule 5 which sets out the con-traventions for which a civil penalty may be imposed and the amounts that such civil penalty shall not exceed. Clause 91 provides that a trade union may be prosecuted for an offence under Part 4 of the Bill as though it were a body corporate and where an offence is committed with the consent, knowledge or convenience [sic] of an officer of the trade union that person and that trade union shall be liable to be proceeded against and punished accordingly. Provision is also made for this clause to apply, with the necessary modifications, where a trade union contravenes a pr ovision for which a civil penalty may be imposed. Clause 92 provides that where an offence is committed under this Bill by a body corporate with the consent, knowledge or . . . The Chairman: What?
Hon. Jason Hayward: Brain freeze.
The ChairmanChairmanYes, like connivance. Hon. Jason Hayward: Connivance?
The ChairmanChairmanThat is what is looks like. Hon. Jason Hayward: Okay . . . with the consent, knowledge or connivance of an officer of the body corporate the person and the body corporate commits an offence and shall be liable to be proceeded against and punished accordingly. Provision is also made …
That is what is looks like. Hon. Jason Hayward: Okay . . . with the consent, knowledge or connivance of an officer of the body corporate the person and the body corporate commits an offence and shall be liable to be proceeded against and punished accordingly. Provision is also made for this clause to apply, with the necessary modifications, where a trade union contravenes a provision for which a civil penalty may be imposed. Clause 93 provides that a prosecution for an offence under this Bill may only be brought by or with the consent of the Director of Public Prosecutions. Clause 94 provides for a relief by way of i njunction to be granted to a person with sufficient inter-est in the relief, where t here are reasonable grounds for apprehending a contravention of the Bill, for the purposes of restraining any person or trade union from contravening the Bill. This provision largely adopts the provision relating to such under the LRA. Clause 95 provides that for the purposes of Part 4, and notwithstanding any other provision of the Bill, a trade union may sue or be sued in its own name and that any judgment, order or award made in r espect of such proceedings shall be enforceable against the trade union as if it were a body corporate. Clause 96 is the first provision under Part 6. This clause provides for the regulation- making power of the Minister in respect to matters set out therein. Additionally, the clause gives effect to Schedule 6, which provides for the maximum fees that may be charged under the Bill. Clause 97 provides the Minister to make rules for the better carrying into effect of the Bill and such rules may provide for, in particular, the giving of notice in relation to the essential services. Clause 98 provides for the service of notices or other documents under the Bill. Clause 99 gives effect to Schedule 7, which amends the Employment Act 2000 . Clause 100 provides for the consequential amendments and repeals as set out in Schedule 8 of the Bill and provides for the repeal of the Trade Union Act 1965, the Labour Relations Act 1975 and the Labour Disputes Act 1992. Clause 101 makes savings provisions. Clause 102 makes transitional provisions. Clause 103 provides for the commencement of the Bill which shall be on 1 June 2021.
The ChairmanChairmanThank you, Honourable Minister. 364 11 December 2020 Official Hansard Report Bermuda House of Assembly Are there any further speakers to clauses 90 through to 103?
The ChairmanChairmanYes. No further speakers to clauses 90 through 103? Minister, do you want to move? Hon. Jason Hayward: Mr. Chairman, I want to move clauses 90 through 103.
The ChairmanChairmanIt has been moved that clauses 90 through 103 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 90 through 103 passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move Schedule 1—
The ChairmanChairmanContinue. Hon. Jason Hayward: —through Schedule [5]. Schedule 1 sets out the procedures for the conduct of a ballot under clauses 47 and 57 (certific ation and cancellation). Clauses 2(a) and (b), the Ma nager shall prior to conducting a ballot meet with eligible workers to explain the process and …
Continue. Hon. Jason Hayward: —through Schedule [5]. Schedule 1 sets out the procedures for the conduct of a ballot under clauses 47 and 57 (certific ation and cancellation). Clauses 2(a) and (b), the Ma nager shall prior to conducting a ballot meet with eligible workers to explain the process and chair any meetings relating to certification or cancellation. Schedule 2 lists the essential industries for the purposes of Part 4. Currently there is only one — the business of a hotel, as per the Fourth Schedule of the Labour Relations Act [1975] . Schedule 3 lists the essential services for the purposes of Part 4. The list has been imported from the Schedule of the Labour Relations Act [1975] , with the additions of Internet services and prisons and corrections. Schedule 4 sets out the picketing rules for the purposes of clause 85 (peaceful picketing). Schedule 5 lists the contraventions for which a civil penalty, up to a maximum of $5,000, may be imposed by the Labour Relations Manager or up to $10,000 by the Tribunal. The Chairman: Any further speakers to Schedules 1 through 5?
Hon. Michael H. Dunkley: Mr. Cha irman.
The ChairmanChairmanHonourable Member Dunkley, conti nue. Hon. Michael H. Dunkley: I would like to speak to Schedule 1 first and then Schedule 3.
The ChairmanChairmanYes, you may. Hon. Michael H. Dunkley: Mr. Chairman, to the Mi nister, on page 55, Schedule 1, [paragraph] 8, it reads, “As soon as all persons entitled to vote in the ballot and who wish to do so have voted, the Manager shall count the votes and record the …
Yes, you may.
Hon. Michael H. Dunkley: Mr. Chairman, to the Mi nister, on page 55, Schedule 1, [paragraph] 8, it reads, “As soon as all persons entitled to vote in the ballot and who wish to do so have voted, the Manager shall count the votes and record the result on a standard certification form.” Minister , would it not be more appropriate to put in there as soon as the Manager counts the votes in the presence of and verified by a representative of the union and employee? Because, Mr. Chairman, [paragraph] 9 of that says, “the decision of the Manager as a result of a ballot shall be final and not be subject to any appeal.” So, before we get to [par agraph 9 there, would it not be appropriate to have a representative of the union and the employer there to verify that the ballot is correct?
Hon. Jason Hayward: MP Dunkley, I would say that that is what takes place in practise.
Hon. Michael H. Dunkley: Okay, well that is fine. But for such an important piece of legislation, practice is good; but let us take out the practice and any question about it. It is easy to insert a short clause in there to make without any uncertainty that that is the case. It protects the union, and it protects the employer. So, the Minister can—
Hon. Jason Hayward: Can you repeat what you were actually suggesting?
Hon. Michael H. Dunkley: Yes. So, what I will do is I will read the whole clause. So, the current clause reads, “As soon as all persons entitled to vote in the ballot and who wish to do so have voted, the Manager shall count the votes and record the result on a standard certification form.” So, I am proposin g that it would be wise to insert in the last part after the apostrophe [sic] , “the Manager shall count the votes in the presence of and verified by a union and employer official and record the results on a standard certification form.” So, it is just protecting the union and the employer.
Bermuda House of Assembly Hon. Jason Hayward: It is my understanding that that is covered under [paragraph] 6, “The Manager shall, subject to his responsibility under paragraph 1(1) for the orderly conduct of the ballot, allow such representativ es of the union or unions concerned and the employer as the Manager sees fit to be present in the voting- place to observe the ballot.”
Hon. Michael H. Dunkley: Yes, observe the ballot, but I am asking in this case . . . because you have [paragraph] 9 that says the decision of the Manager as a result of a ballot is final, I am suggesting it would be wise to have it verified in there so you do not get to a question of intention on [paragraph] 9. I have made the point. It is up to the Minister to take it un der advisement with the drafters. That is all. Hon. Jason Hayward: Thank you.
The ChairmanChairmanAre there a ny further speakers — Hon. Michael H. Dunkley: Mr. Chairman—
The ChairmanChairmanI am sorry . . . Mr. Dunkley. PROPOSED AMENDMENT TO SCHEDULE 3 Hon. Micha el H. Dunkley: Mr. Chairman, on the chat, I sent is an amendment for Schedule 3. Have you read that on the group chat, Minister? I can read it out to you. Minister, Schedule 3 …
I am sorry . . . Mr. Dunkley.
PROPOSED AMENDMENT TO SCHEDULE 3
Hon. Micha el H. Dunkley: Mr. Chairman, on the chat, I sent is an amendment for Schedule 3. Have you read that on the group chat, Minister? I can read it out to you. Minister, Schedule 3 refers to the essential services and in [paragraph] 11 it currently reads, “The loading and unloading of mail, medical supplies, foodstuffs, cattle and chicken feed and all supplies needed to maintain any essential service specified herein and the transport of such goods to their proper destination.” As I said in the original debate . . . and I am not going to go through it all again because I made the point. I believe this clause is redundant now because of container ships and because of what hap-pened on 9/11. So, while this clause does state that essential goods come off the boat and can be tran sported to their final destination, it means now that the cargo ships sit in port because the whole boat is not unloaded. So, if we consider Hamilton Docks to be an essential service then that clause, I humbly suggest, could be amended to the following: “Delete the whole clause and insert: ‘The unloading and complete di scharge of all cargo on ships; the loading of empty con-tainers for return voyage in the transport of essential goods to their proper destination.’” This would allow the Hamilto n docks to continue to operate. And, Minister, what I will say is that the policies and procedures for grievances under essential services can still go on in the appropriate way. And what I also will say is that this is not a focus in on the worker because I appreciate and understand the difficult work they do on the docks. I appreciate and understand the health and safety challenges on the docks, and I appreciate and understand the very skilled workers that we do have on the docks. But this amendment would support . . . the people of Bermuda would support the smooth flow of essential goods and, just as important, would help keep the costs down in expensive jurisdictions. Mr. Chairman, it is all the more important because Bermuda is out in the middle of the ocean; it is very remote. And the logistics to have supplies come in to our Island have to operate quite smoothly. An amendment like this would, I think, bring legislation which is outdated into modern times and serve us well for good and proper trade uni ons and trade relations. So that is the amendment that I put forward to the Honourable Minister and colleagues.
Mr. Jarion Rich ardsonYes, thank you, Mr. Chai rman. I echo my colleague’s sentiments in that Bermuda is extremely exposed as an Island, and prob ably more so than is currently recognised as we have had over the decades less and less maritime traffic. I remember as a person I used to write …
Yes, thank you, Mr. Chai rman. I echo my colleague’s sentiments in that Bermuda is extremely exposed as an Island, and prob ably more so than is currently recognised as we have had over the decades less and less maritime traffic. I remember as a person I used to write a column on maritime traffic to Bermuda. As that has slowed over the years and is consolidated into one or two of these great ships, what I have not heard is a narrative in the community about just how dependent we are on these three s hips. Normally we see that ramification in our community when we have one late ship, for example, due to a winter gale, or we have one ship that has some sort of a problem and it is taken out and we have to replace it. We are at the mercy of the docks, and we are at the mercy of these ships. It is not just foodstuff, but really the entirety of any meaningful cargo in Ber-muda, which includes construction, and which relates downstream to work and labour. It really does connect to everything. So, Mr. Chairm an, I just wanted to echo my colleague’s sentiments that we are woefully subject to the performance of the docks. And to that end, I echo his comments. Thank you.
The ChairmanChairmanAre there any further speakers to the amendment put forward by Honourable Member Dunkley? Minister. 366 11 December 2020 Official Hansard Report Bermuda House of Assembly Hon. Jason Hayward: While it may be logical to put forward the amendment, the Government at this time cannot support it. The workers that …
Are there any further speakers to the amendment put forward by Honourable Member Dunkley? Minister.
366 11 December 2020 Official Hansard Report
Bermuda House of Assembly Hon. Jason Hayward: While it may be logical to put forward the amendment, the Government at this time cannot support it. The workers that work at the docks are covered under two portions of this legislation, which are, [Schedule 3, Essential Services, paragraph] 6 “Port and dock services including pilotage, tug and line boat operation (not connected with cruise ships).” And also [paragraph] 11, under Essential Services, “The loa ding and unloading of mail . . . .” At this point the w orkers of stevedoring services, members of the BIU and stevedoring services have two active labour disputes referred to tribunals. This would not be the appropriate time to amend essential services legislation that would be seen to di sadvantage one party at the request of the other. As a result, the Government cannot move forward with those amendments at this time.
Mr. Jarion RichardsonMr. Chairman, MP Richar dson. Thank you; and I thank the Honourable Minister for that explanation. I believe [Part] 5 i s in this set. I was hoping that the Honourable Member would be able to explain the logic behind these penalties. Obviously, entrepr eneurs, small businesses and start -ups …
Mr. Chairman, MP Richar dson. Thank you; and I thank the Honourable Minister for that explanation. I believe [Part] 5 i s in this set. I was hoping that the Honourable Member would be able to explain the logic behind these penalties. Obviously, entrepr eneurs, small businesses and start -ups are not partic ularly well capitalised, but we have companies that are quite large where a civil penalty of this amount would almost mean nothing to. Can you just walk me through how we got to these amounts? Thanks.
Hon. Jason Hayward: The civil penalties are consistent with other consistent with other civil penalties that we issue. So, if we look at something similar, employment infractions or infringements to the Act, we look at the Chief Immigration Officer who has the a uthority to issue civil penalties on employers, and these civil penalties are consistent with those.
The ChairmanChairmanOkay, let me deal with the amendment — Hon. Michael H. Dunkley: Mr. Chairman, I just had another comments back on the amendment.
The ChairmanChairmanYes. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. I appreciate the Minister’s explanation. So, while it may be logical, and this is not the right time, when would the Minister envision it would be the right time? Also, Mr. Chairman, the Minister did say that the dockworkers are covered …
Yes.
Hon. Michael H. Dunkley: Thank you, Mr. Chairman. I appreciate the Minister’s explanation. So, while it may be logical, and this is not the right time, when would the Minister envision it would be the right time? Also, Mr. Chairman, the Minister did say that the dockworkers are covered under two [paragraphs] of Schedule 3, and I agree with that. The first part that he mentioned was [paragraph] 6, which refers to port and dock services, including pilotage, tug and line boat operation, which means basically we allow them in and we tie them up. [Paragraph] 11 is the [par a-graph] that the amendment was proposed for. And that [paragraph] now is basically redundant because it says you have to unload the essential goods, but the cargo boat would sit there. Two weeks ago, Mr. Chairman, we had three of the cargo ships . . . all three cargo ships in Hamilton Harbour play ing musical chairs while they went around to unload the essential goods. I would like more clarity on why [when] we have two disputes going on at the present time this is not the right time to do it, and when would be the right time to consider amendments.
Hon. Jason Hayward: As the Minister responsible for labour, I have to be mindful of the labour relations cl imate and what such actions can do in this particular climate. The company that is in dispute with the wor kers put forward this recommendation to the Minister. I do not want the Minister who is responsible for adjud icating their disputes, and supposed to be impartial in these matters, to be seen as taking one side or the other in the middle of a dispute. So, at this point in time, I cannot support the amendment. Hon. Michael H. Dunkley: So, Mr. Chairman, does that mean that the Honourable Minister will consider it once the matters under consideration have been cleared up?
Hon. Jason Hayward: I will commit to have convers ations with the parties re garding your recommendation, MP Dunkley.
Hon. Michael H. Dunkley: Thank you. Mr. Chairman, just for the record, that amendment was drafted by myself and my colleagues and not given to us by anyone else. Just for the record.
The ChairmanChairmanHonourable Member, do you want to withdraw the amendment, since the Minister has undertaken to do what he said he will do? Or do you want to put it to a vote? Hon. Michael H. Dunkley: Well, the Government has 30 votes, so there is no reason to put it …
Honourable Member, do you want to withdraw the amendment, since the Minister has undertaken to do what he said he will do? Or do you want to put it to a vote?
Hon. Michael H. Dunkley: Well, the Government has 30 votes, so there is no reason to put it to vote — The Chair man: Oh, they do? I didn’t know that. Hon. Michael H. Dunkley: —[INAUDIBLE] reject it. So there is no need to withdraw it. I put the amendment, the Government said it would accept it in time and we will consider this at another date.
The ChairmanChairmanWell, you know I had to put that to you, it’s the rule. Bermuda House of Assembly Hon. Michael H. Dunkley: I appreciate that. I think it is the appropriate thing to do and I think the people of Bermuda believe that too. So I will take the Minister on …
Well, you know I had to put that to you, it’s the rule.
Bermuda House of Assembly Hon. Michael H. Dunkley: I appreciate that. I think it is the appropriate thing to do and I think the people of Bermuda believe that too. So I will take the Minister on his word and hope this comes back in due course, and that “due course” is not a long course, either, Mr. Chairman, because the country is struggling enough and we can help ease some of the pain with these types of changes.
The ChairmanChairmanThank you, Honourable Member Dunkley. Minister. Hon. Jason Hayward: I just want to add to the clarif ication on [paragraph] 6. MP Dunkley defined narrow port and dock services, and we received clarification that the scope of those port and dock services that they have to provide are much broader …
Thank you, Honourable Member Dunkley. Minister. Hon. Jason Hayward: I just want to add to the clarif ication on [paragraph] 6. MP Dunkley defined narrow port and dock services, and we received clarification that the scope of those port and dock services that they have to provide are much broader than wha t you articulate, MP Dunkley.
Hon. Michael H. Dunkley: I just read the [paragraph]. Can the Honourable Minister allude on the expansion of that?
Hon. Jason Hayward: So this would be . . . this has to deal with the maintenance on all the other dock equipment and the maintenance of the dock, not just the tying of ships.
Hon. Michael H. Dunkley: Okay. That is not said in the [paragraph], so I think that would be a stretch. The [paragraph] simply says port and dock services inclu ding pilotage. So, if that is the case, it should be included for clarity in that [paragraph].
Hon. Jason Hayward: I understand. I was just trying to . . . we recently sought clarification on that and that was what was provided. Those port and dock services are actually broad; not just those items that it says it includes.
Hon. Michael H. Dunkley: Okay. No further co mment.
The ChairmanChairmanContinue, Minister. Hon. Jason Hayward: Mr. Chairman, I would like to move that Schedules 1 through 5 be approved.
The ChairmanChairmanIt has been moved that Schedules 1 through 5 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedules 1 through 5 passed without amendment .] Hon. Jason Hayward: Mr. Chairman, I would like to move Schedules 6 and 7.
The ChairmanChairmanContinue. Hon. Jason Hayward: Six through eight, Mr. Chai rman.
The ChairmanChairmanAll right. Hon. Jason Hayward: Schedule 6 sets out maximum fees which may be imposed under regulations for registering a trade union, altering its constitution and i nspecting documents. Schedule 7 makes amendments to the E mployment Act 2000 as follows: (1) Section 3 (interpretation) is amended to insert and …
All right. Hon. Jason Hayward: Schedule 6 sets out maximum fees which may be imposed under regulations for registering a trade union, altering its constitution and i nspecting documents. Schedule 7 makes amendments to the E mployment Act 2000 as follows: (1) Section 3 (interpretation) is amended to insert and amend a number of definitions. (2) New section 3A is inserted to provide that the Employment Act 2000 and the Trade Union and Labour Relations (Consolidation) Act 2020, t ogether with subordinate legislation made thereu nder constitute the “Employment and Labour Code.” (3) Section 6 is amended to apply, with the necessary modifications, the entitlement to a sta tement of employment to certain persons falling within section 4(2) who are not employees for the purposes of the Act, but provides that no other entitlements under the Employment Act 2000 shall apply to such persons. (4) Section 10B is amended to include a civil pe nalty for non- compliance. (5) Section 28 is amended to delete the reference to the “Labour Relations Act 1975” and substitute “Trade Union and Labour Relations (Consolid ation) Act 2020.” (6) Section 36 is amended to provide that a complaint to an inspector under that section shall not include any matter which was the subject of a l abour dispute as defined under this Bill, which was settled by the Labour Relations Manager or ot herwise determined under this Bill. (7) Section 37 is amended to enable an inspector to report a matter to the Manager for the purposes of imposing a civil penalty or referring the matter to the Tribunal. Provision is also made to enable the inspector, where there is evidence of a contravention or breach of duty for which anot her a uthority is responsible, to notify and refer the matter to that authority. (8) New section 37A is inserted to empower the Labour Relations Manager to impose civil pena lties not exceeding $5,000 for a contraventions under Part II (conditions of employm ent) for which a civil penalty is liable to be imposed by the La-bour Relations Manager. This provision sets out the procedure to be followed and provides for an appeal to the Tribunal. 368 11 December 2020 Official Hansard Report
Bermuda House of Assembly My apologies, Mr. Chairman. I actually have an amendment to Schedule 7.
The ChairmanChairmanOkay. AMENDMENT TO SCHEDULE 7 Hon. Jason Hayward: It is Schedule 7, paragraph 9 (Inserts Part VA), in new section 44I(4)(a), delete “and the employee” and substitute “, the trade union, the employee and any other person.”
The ChairmanChairmanAny speakers to the amendment in Schedule 7?
Mr. Jarion RichardsonI’m sorry, Mr. Chairman, can the Honourable Minister just explain that amendment again? I did not quite catch all of that. Hon. Jason Hayward: Okay, let me just . . . In Schedule 7, par agraph 9 (Inserts Part VA), in new section 44I(4)(a) (which is found on page 72), …
I’m sorry, Mr. Chairman, can the Honourable Minister just explain that amendment again? I did not quite catch all of that.
Hon. Jason Hayward: Okay, let me just . . . In Schedule 7, par agraph 9 (Inserts Part VA), in new section 44I(4)(a) (which is found on page 72), delete “and the employee” and substitute “, the trade union, the employee, and any other person to whom the award relates.” The new reading would be: “(a) the reference to “parties” under subsection (1) includes the emplo yer or any person succeeding (whether by virtue of a sale or other disposition or by operation of law) to the ownership or control of the business and the trade union, the employee and any other person to whom the award relates;”
The ChairmanChairmanAre there any further speakers to the amendment of Schedule 7? There appear to be none. Hon. Jason Hayward: Can I continue with Schedule 7, an d move it as amended?
The ChairmanChairmanYes. Hon. Jason Hayward: Thank you.
The ChairmanChairmanIt has been moved that Schedule 7 be approved as amended. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedule 7 passed as amended.] Hon. Jason Hayward: So, with that said, I will read Schedule 8 and move Schedules 6 through 8 collectively.
The ChairmanChairmanContinue. Hon. Jason Hayward: Schedule 8 sets out the consequential amendments.
The ChairmanChairmanAny further speakers? There appear to be—
Mr. Jarion RichardsonSorry, Mr. Chairman, I just want to be sure that I am following along properly, would this be my opportunity to comment on page 75, I want to say Schedule 2. Is that what is being move? Or, inclusive with Schedule 7. Hon. Jason Hayward: So, Schedules 6 through 8 …
Mr. Jarion RichardsonOkay great. Perfect. Then, Mr. Chairman, I do have some questions for the Minister.
Mr. Jarion RichardsonMy first one, Mr. Chairman, is that in Schedule 6 the maximum fees to be paid under the regulations are registering of trade unions $50, registering alterations to the constitution $25, and for inspection of documents $10. That is not a lot of fees, so I am not quite sure …
My first one, Mr. Chairman, is that in Schedule 6 the maximum fees to be paid under the regulations are registering of trade unions $50, registering alterations to the constitution $25, and for inspection of documents $10. That is not a lot of fees, so I am not quite sure what costs that would cover of the register’s processes. I definitely recommend that that be increased at some point. But the questions I have for the Minister are as follows: I see “THE EMPLOYMENT AND LABOUR RELATIONS TRIBUNAL, APPOINTMENT OF PANEL” on page 75, [paragraph] 1, “The Minister shall . . . appoint . . . not less than 20 and not more than 30 persons . . . to serve . . .” on the Tribunal. It is often quite hard to get more than five people in one place in Bermuda at one time. So, that is a lot of people. And then the split here is 10 barristers, 10 people with experience . . . well, another 20 with various experience. So, my question to the Minister is, Why so many people for this tribunal? Thirty people is a lot. Hon. Jason Hayward: So, tha t is a good question. Thirty people [make up] the entire tribunal. Only threeperson panels will hear each case. Essentially, if you have 30 people, you can run 10 cases at the same time, if you have different locations. So it actually gives you the abilit y to conduct more labour disputes at the same time. Thirty people will be considered a pool of persons who you can select from for your panel.
Mr. Jarion RichardsonGot it. And, Mr. Chairman, thank you Honourable Minister, are these compensated positi ons? Bermuda House of Assembly Hon. Jason Hayward: I am almost certain that they are. I will seek clarity, but I am almost certain they will be compensated.
The ChairmanChairmanAny further speakers? There appear to be none, Minister. Hon. Jason Hayward: With there being no further speakers, Mr. Chairman, I would like to move [Schedule] 6 for approval.
The ChairmanChairmanIt has been moved that Schedule 6 be approved. Any objections to that? There appear to be none . Approved. [Motion carried: Schedule 6 passed.] Hon. Jason Hayward: Mr. Chairman, I move Sche dule 7 as amended.
The ChairmanChairmanWe did that already. Hon. Jason Hayward: Okay. So, I would like to move Schedule 8.
The ChairmanChairmanIt has been moved that S chedule 8 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedule 8 passed.] Hon. Jason Hayward: Mr. Chairman, I would like to move the preamble.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Jason Hayward: Mr. Chairman, I would like to move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Are there any objections to that? There appear to be none. Approved. [Motion carried: The Trade Union and Labour Rel ations (Consolidation) Act 2020 was considered by a Committee of the whole House and passed with …
It has been moved that the Bill be reported to the House as amended. Are there any objections to that? There appear to be none. Approved.
[Motion carried: The Trade Union and Labour Rel ations (Consolidation) Act 2020 was considered by a Committee of the whole House and passed with amendments.]
The C hairman: Thank you very much Minister Ha yward. Mr. Speaker.
House resumed at 1 1:10 pm [Hon. Dennis P. Lister, Jr. Speaker, in the Chair]
REPORT OF COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 2020
The SpeakerThe SpeakerThank you, Deputy Speaker. Members, the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020 has been reported to the House as [passed as] amended. Are there any objections to that? There are no objections. The Bill has been reported as [passed] as amended. Members, that brings us …
Thank you, Deputy Speaker. Members, the Bill entitled the Trade Union and Labour Relations (Consolidation) Act 2020 has been reported to the House as [passed as] amended. Are there any objections to that? There are no objections. The Bill has been reported as [passed] as amended. Members, that brings us to a close of the items that were on the Order Paper for today. We will now do our third readings. We will start with [Order No.] 4, Minister of Finance, your third reading of the Investment Funds Amendment Act 2020.
SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Investment Funds Amendment Act 2020 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? No objections, continue Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INVESTMENT FUNDS AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Investment Funds Amendment Act 2020 was read a third time and passed.] 370 11 December 2020 Official Hansard Report B ermuda House of Assembly The Speaker: Thank you, Minister. The next …
The Bill has been read a third time by its title only and is now passed. [Motion carried: The Investment Funds Amendment Act 2020 was read a third time and passed.]
370 11 December 2020 Official Hansard Report B ermuda House of Assembly The Speaker: Thank you, Minister. The next item is also yours, the Bermuda Monetary Authority Amendment (No. 2) Act 2020. SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2020 be now read a third time by its title only.
The SpeakerThe SpeakerAre there any objections? No objections, continue Minister. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2 020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [ Motion carried: The Bermuda Monetary Authority Amen dment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThank you. Minister, I think the next one is yours as well. SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Tax Reform Commission Amendment Act 2020 be now read a …
The SpeakerThe SpeakerAre there any objections? No objections, continue Minister. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING TAX REFORM COMMISSION AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Tax Reform Commission Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. I believe the next item is in the name of the Minister of Transport. SUSPENSION OF STANDING ORDER 21 Hon. W. Lawrence Scott : Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Marine and Ports Services …
The SpeakerThe SpeakerAre there any objections? No objections, continue Minister. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING MARINE AND PORTS SERVICES ACT 2020 Hon. W. Lawrence Scott: I move that the Bill be read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Marine and Ports Services Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMinister, I believe the next one is yours as well. SUSPENSION OF STANDING ORDER 21 Hon. W. Lawrence Scott : Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Merchant Shipping Amend-ment (No. 2) Act 2020 be now read for …
The SpeakerThe SpeakerAre there any objections to the Bill being read by its title only? No objections, continue Minister. [ Motion carried: Standing Order 21 suspended.] Bermuda House of Assembly BILL THIRD READING MERCHANT SHIPPING AMENDMENT (NO. 2) ACT 2020 Hon. W. Lawrence Scott: I move that the Bill be read a …
The SpeakerThe SpeakerThe Bill has been read a third tim e by its title only and is now passed. [Motion carried: The Merchant Shipping Amendment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Minister. The next item is in the name of the Minister of Labour. SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Employment Amendment (No. 2) Act 2020 be now …
The SpeakerThe SpeakerAre there any objections? There are none, continue Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING EMPLOYMENT AMENDMENT (NO. 2) ACT 2020 Hon. Jason Hayward: I move that the Bill be read a third time by its title only and passed.
The SpeakerThe SpeakerThe B ill has been read a third time by its title only and is now passed. [Motion carried: The Employment Amendment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerWould you like to do the last item, Mi nister? SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Trade Union and Labour R elations (Consolidation) Act 2020 be now read for …
Would you like to do the last item, Mi nister?
SUSPENSION OF STANDING ORDER 21 Hon. Jason Hayward: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Trade Union and Labour R elations (Consolidation) Act 2020 be now read for a third time by its title only. The Speaker: Are there any objections to that? There are none, continue Minister.
[Motion carried: Standing Order 21 suspended.]
BILL
THIRD READING
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 2020 Hon. Jason Hayward: I move that the Bill be read a third time by its tit le only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only and is now passed. [Motion carried: The Trade Union and Labour Rel ations (Consolidation) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMr. Premier. Hon. W alter H. Roban: Hello, Mr. Speaker.
The SpeakerThe SpeakerDeputy Premier, are you going to move us to the next phase? ADJOURNMENT Hon. Walter H. Roban: Yes, Mr. Speaker. Tonight with such a substantive and marathon night completed, I wish to move that the House do adjourn until February 19, 2021.
The SpeakerThe SpeakerDoes any Member wish to speak to that? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerThat sounds like the Deputy Speaker. Deputy Speaker, you have your 20 minutes. CORRECTION TO DR. GRA NT GIBBONS’ TRIBUTE TO THE LATE MR. LEONARD GIBBONS Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. I will not be that long. But, Mr. Speaker, in the November 27, 2020, Royal …
That sounds like the Deputy Speaker. Deputy Speaker, you have your 20 minutes.
CORRECTION TO DR. GRA NT GIBBONS’ TRIBUTE TO THE LATE MR. LEONARD GIBBONS Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. I will not be that long. But, Mr. Speaker, in the November 27, 2020, Royal Gazette, there was a tribute paid to a recently deceased Honourable Member. And I have no issue with the deceased Member; I send my condolences to his family. He was honourable, so this is not about the deceased Member; it is about the statement that was made by another [former] Honourable Member, Dr. Grant Gibbons. 372 11 December 2020 Official Hansard Report
Bermuda House of Assembly He said, as a tribute to this gentleman, “There were a lot of capital projects going on at that time, such as Tynes Bay, CedarBridge and Westgate.” And “[b]ecause of his business sense,” he got things done. But, the offending . . . well, the non- factual statement was what Dr. Grant then said “These were very successful projects for the Government because they came in on time and on budget . . .” That is not so, Mr. Speaker. I can tell you that the Tynes Bay project was 183 per cent over budget. In fact, the budget price for Tynes Bay was $26 million and it actually cost $73.7 million. The Westgate was 94 per cent overrun, which was budgeted at $20 million and came in at $38.8 mi llion. And from my memory, I understood it to have been about $11 million over budget. I just wanted to make that correction, because that is not a correct statement. I think Dr. Gibbons just probably forgot. But those are the facts.
FORMER PREMIER, DR. EWERT BROWN, FACING CORRUPTION CHARGES
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I want to talk now about our new DPP [Director of Public Prosecutions]. I congratulate Ms. Clarke on becoming the DPP. But, Mr. Speaker, I am informed that the P olice Commissioner was not charged with a traffic of-fence, and it was alleged that it was his fault. Now, we were informed that the DPP dismissed the charges. This case did not go through due process. The question is, the DPP, or . . . not a question, but the stat ement is: the DPP answers to the Governor. Another incident was where two nonBermudian police officers were charged with a sexual assault. The DPP made the decision to dismiss the charges. Who does the DPP answer to? The Governor, Mr. Speaker. And then it was alleged that a Bermudian Regiment colonel took a firearm and put it on the street via a member of the public. This occurred almost a year and a half ago. The DPP dismissed the charges, we were told. Again, who does the DPP answer to? Mr. Speaker, we have Dr. Brown who, as we understand, is going to be charged with corruption, an investigation that has gone on for almost 10 years. Now, Mr. Speaker, Dr. Brown has faced the malicious prosecution led by Government House. We all r emember when the police broke into the offices of Dr. Brown and ransacked it. They arrested Dr. Reddy in his home at six o’clock in the morning. They took patients’ medical files. The former Attorney General obtained information illegally that now the DPP, after being in office for two days, has come out and charged . . . as we understand, Dr. Brown will be charged with corruption. Mr. Speaker, in the Constitution, I think 6(1), it says that if somebody is charged and they are not (and I am paraphrasing) if the case is not dealt with, the hearing has not been dealt within a reasonable time, then the charge must be withdrawn. Well, I know that Dr. Brown has not been charged yet. But the question is, What is “reasonable time” for those that have been charged? I can tell you, for somebody who has not been charged, 10 years is unreasonable, spending millions of dollars of the taxpayers’ money having no regard for the financial position our people are in, and we are —the police are—spending loads of money, you know, living in hotels. I understand they have a storage facility that has to be manned 24 hours a day, at what charge to the government? Mr. Speaker, this malicious prosecution of Dr. Brown must stop. I do not think there is another citizen of the Commonwealth that has been investigated this long. And the danger of being investigated for these 10 years is that they get embarrassed (meaning the police), and they will come up with any charge. We have seen fabrication by the police who put charges on people. We have got many people who have been jailed by charges that have been falsely put to these folks and found guilt y. Most times these people who have been charged do not have sufficient money to get the best of lawyers to get them off. So they have to go to pri son. Yet, others can commit crimes and it does not even go through due process; the DPP dismisses them. Ten years is a lot of time and a lot of money spent. They spent at least, I guess, $8 million. How much more are they going to spend to try to convict Dr. Brown for corruption? Dr. Brown left office 10 years ago. This is unfair; it is unheard of. I guess the y think because he is friendly with [Michael] Misick, Dr. Brown will be charged just like him. And they are tr ying to send a message to people of colour that if you associate with people we don’t particularly admire, we are going to charge you. This is s o unfair. They have not done this to anyone else. They never did it to anyone else. Why would they spend all of this money after 10 years and they can’t find something on somebody after 10 months? They need to drop those charges. You know, this is unfair a nd it must stop. I know our Governor is leaving, and I guess he had to make sure that was done before he left to make sure that they put some charge on Dr. Brown. You know these other cases that I mentioned earlier . . . you have people doing time for having fir earms, for sexual assault. They are in prison for that, while it seems like others can get off for whatever reason. That is unfair, Mr. Speaker. We must take a stand against it. The people of this country, the Governor of this country must put a s top to this unnecessary spending of money that we do not have to prosecute
Bermuda House of Assembly and persecute through malicious prosecution of Dr. Brown, because they don’t like him and they want to make an example of him to try to keep others in line. That is some of the things they did many, many years ago. They would lynch one of us and for nothing. And that kept Blacks, I guess, in a docile condition when Massa came along they did not only whatever Massa said, but what they thought he wanted done. Mr. Speaker, those days are over, but that practice is still going on through our colonial Governor, and this Governor will pass on whatever infor-mation he wants to the Governor coming in. And that is the sad part about it; they all pass on their different personality, Oh, you hav e to watch this person; this person that, this person this. That is what they do! They are down here watching us like we are some common criminals, Mr. Speaker. Mr. Speaker, thank you for this time.
The SpeakerThe SpeakerDeputy, thank you for your comments. You didn’t use your whole 20 minutes. You said you wouldn’t and we appreciate that. Does any other Member wish to speak?
An Hon. Member An Hon. MemberMr. Speaker. Another Hon. Member: Mr. Speaker.
The SpeakerThe SpeakerI hear Mr. Pearman. Mr. Famous, I hear your voice. I am t rying to see who it was . . . MP Famous, MP Pearman.
Mr. Scott PearmanIt has been a long day with a lot of Bills. I believe there were 10 different matters there on the Order Paper. And I know Mr. Famous wants to have his full 20 minutes, so I will leave hi m some time before the witching hour. The Speaker: No …
The SpeakerThe SpeakerWe’d like to see that you’re not in your pyjamas at this hour of the night. L. F. WADE INTERNATIONAL AIRPORT BERMUDIANS SHOULD BE PROUD
Mr. Scott PearmanI should be! There I am. I have pyjamas on underneath, Mr. Speaker. I have a tie on the top, and the pyjamas underneath. Mr. Speaker, there has been a lot of bad news around lately, and more of it today about the pandemic. Our COVID cases are concerning and …
I should be! There I am. I have pyjamas on underneath, Mr. Speaker. I have a tie on the top, and the pyjamas underneath. Mr. Speaker, there has been a lot of bad news around lately, and more of it today about the pandemic. Our COVID cases are concerning and none of us wants that. We now know that there is going to be a curfew again, which is understandable and supported, but regrettable. And now we know that there will only be 10 persons in gatherings that will at the moment run until the 22 nd of December. That is getting awfully close to the Christmas holiday. If it rolls on beyond that I appreciate that there will be a lot of Bermudians who will not be having the Christmas that they perhaps would wish to have. Alongside that, apart from, although connec ted to the pandemic, is that our economy is in bad shape. It is flatlining. We have had job losses and peopl e are worried. So, Mr. Speaker, it has not been a good year. And many, many people, not just in Bermuda, but elsewhere, will be pleased, I suspect, to see the back of 2020. Whilst parliamentarians looking at Bills and debating Bills often point out the negative, I would like to take the opportunity this evening just to point out a positive. And I am delighted to see that there is some good news, there is something positive on our Island. And I speak, of course, about our new airport, an ai rport that all B ermudians can be proud of. Mr. Speaker, the new airport has been called iconic, it has been called state of the art, and, Mr. Speaker, I do not know if you have had a chance to see it yet, but having seen it myself, I can say that it really is truly exce llent. I understand that there have been jobs during the airport project for 885 Bermudians. There has also been work for some 400 local companies. And I take those stats from speeches that were made at the opening on 9 December. Mr. Speaker, many of us in Parliament would be slow to admit it, but no one is perfect, and all of us get something wrong sometimes. And I say this in the spirit of collaboration, even though the PLP opposed the airport before it was built, notwithstanding the en374 11 December 2020 Official Hansard Report
Bermuda House of Assembly dorsement of the blue-ribbon panel, including some notable PLP grandees, I would say to the 30 Members of Parliament on the other side now, that that was then; this is now. We must come together and move forward to help our airport, to help the L. F. Wade I nternational sor e to great heights. I would respectfully encourage the new Minister of Transport to see this and embrace this as an opportunity. Bermuda can work to build in the coming decades a true regional hub. We have that opportunity now, and I encourage all of us to seize it. Mr. Speaker, back to the airport itself, those who have seen it have been delighted by it. And we are hearing that from all sides of the spectrum. Again, it has been called iconic; it has been called state of the art. And people who have seen it should be delighted by it. I think it’s fantastic. We, as an Island, should be immensely proud of our new airport. Those who have not yet seen it, I think will be excited to do so. And even those who might have been on the ne gative side as to whether it was needed, or whether it should have been built, or whether the OBA is bad . . . well, I would ask you to give the airport itself a clean slate and see what you think. Approach it with fresh eyes and an open mind. I suggest that our new airport makes a k ind of first impression that arriving visitors will be incredibly impressed by and I think it is a new aspect of Bermuda that returning residents will be very, very proud of. At some point, Mr. Speaker, the horrors of COVID that we have had to live throu gh for the major ity of this year will pass. And so, what I would suggest and invite as the new Shadow Minister of Transport to a new Minister of Transport, is this: Let’s put our past disagreements behind us. The Island is very much behind this airport. The Island is terribly proud of Bermuda and everything Bermudian. And this is now a part of Bermuda, and it is Bermudian. So let us all be proud of the new L. F. Wade International and let’s all get behind this instead of disagreements about prior arguments which are no longer relevant today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Pearman. MP Famous, would you like to begin your 20 minutes? Go right ahead.
Mr. Christopher FamousI should have 40 minutes considering what happened to me last week. But, Mr. Speaker, I won’t be that long.
The SpeakerThe SpeakerYou have 20 minutes to use tonight.
Mr. Christopher FamousMr. Speaker, I sat here and listened to the Honourable Member from consti tuency 22 wax empiricall y, if that is the word, emphat i-cally about the airport, it’s a great airport , let’s put the past behind us . Some people are making a lot of money off that …
Mr. Speaker, I sat here and listened to the Honourable Member from consti tuency 22 wax empiricall y, if that is the word, emphat i-cally about the airport, it’s a great airport , let’s put the past behind us . Some people are making a lot of money off that airport, Mr. Speaker. Some people made money. Some people will continue to make money. And other people will continue to pay for something. Mr. Speaker, may I have your permission to quote Bob Marley for a minute?
The SpeakerThe SpeakerYes, go right ahead. L. F. WADE INTERNATIONAL AIRPORT A FINANCIAL BURDEN
Mr. Christopher Famous“Every time I hear the crack of the whip my blood runs cold. I remember on the slave ship how they brutalized our very souls.” Mr. Speaker, I heard the previous speaker talk so much about the airport. But he never mentioned the path that it took to get to …
“Every time I hear the crack of the whip my blood runs cold. I remember on the slave ship how they brutalized our very souls.” Mr. Speaker, I heard the previous speaker talk so much about the airport. But he never mentioned the path that it took to get to that airport. He did not mention December 2, 2016. He skipped right over that part of history. Mr. Speaker, every time some Berm udian, many Bermudians, right -thinking Bermudians drive or walk across the gates of Parliament on Reid Street or Parliament Street, their blood should r un cold. They should shudder at the thoughts of what happened on that day four years ago—four years ago and one week to be precise—Bermudian men and women being pepper -sprayed by the police; Bermudian men and women being beaten by the police; Bermudian men and women being killed by the police. Mr. Speaker, we do not have to roll the tapes to see that. For some people that rolls on their mind every day when they walk across that gate. It is called PTS, post -traumatic stress. Mr. Speaker, last week on Dec ember 2 nd, former Premier Michael Dunkley had this to say. “ We had a right to go into the House of Assembly to do what we had to do.”
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Rules of Debate, Standi ng Order 19(7)]
Mr. Scott PearmanAs delightful as the speech that MP Famous is giving to the House is, I am reading along the very same speech from the Royal Gazette published today. He is not supposed to—
The SpeakerThe SpeakerAh, ah, ah. I have control of the House, I don’t need assistance. Make your point of order. Bermuda House of Assembly Mr. Scott Pearman: My point of order, Mr. Speaker, is that when he comes to address the House he should do so fresh and should not be reading …
Ah, ah, ah. I have control of the House, I don’t need assistance. Make your point of order.
Bermuda House of Assembly Mr. Scott Pearman: My point of order, Mr. Speaker, is that when he comes to address the House he should do so fresh and should not be reading from an article he has already published in the media earlier this morning.
Mr. Christopher FamousMr. Speaker, this was my motion to adjourn last week that did not get read. Anyway, Mr. Speaker, he said We had a right to go into the House to do what we had to do. Mr. Speaker —
The SpeakerThe SpeakerThe point that should be made is that we should remind Members that you should not be reading your speeches. You can refer to your notes, that is allowed, but not to read your speech.
Mr. Christopher FamousI wanted to properly quote the former Premier. And I will quote him again, We had a right to go into the House to do what we had to do. You see, Mr. Speaker, the fact that the OBA wanted to go in the House is why the police came …
I wanted to properly quote the former Premier. And I will quote him again, We had a right to go into the House to do what we had to do. You see, Mr. Speaker, the fact that the OBA wanted to go in the House is why the police came there that day. There were eight calls between the Premier and the police Commissioner that day. The last call was eight minutes before the police came around the corner. So, I do not need to read off this speech because I was there, and hundreds of other Bermudians were there. So we remember what happened. We do not need the Royal Gazette to re- write history for us. As the Member just said, some people were all excited about that airport being opened, some for financial reasons, some because it is a beautiful buil ding. It is a hallmark or testament to tradesman- ship. So, yes, we salute the tradesmen who built that buil ding. But let’s also remember that it came with a cost of $27 million per year from the consolidated fund. Twenty-seven million dollars that could have gone towards seniors; $27 million that could have gone t owards our infrastructure; $27 million that could have gone towards paying down our debt, but now has gone to Aecon. But MP Pearman wants u s to just get over it and be happy about the building. Mr. Speaker, it gets even worse, during our worst economic times. We have had to pay out almost $21 million in the last few months because the OBA refused to let us see the deal and allowed Aecon to put in a minimum of guaranteed revenue profit. Twe nty-one million dollars during a pandemic. And we can be almost guaranteed that they will be coming back looking for more come the next quarter. And because this is written and signed by the OBA, we are goi ng to have to pay it. So while Mr. Pearman and others are cel ebrating a ribbon- cutting at an airport that people’s blood was shed for, let him also tell the truth that we are going to keep paying for this airport. And it is b ecause of the OBA led by Micha el Dunkley . . . former Premier Michael Dunkley insisted that they had to get in that House on December 2 nd, while people were pepper -sprayed. I am going to move on, Mr. Speaker.
The SpeakerThe SpeakerYou still have time on the clock. REPRESENTATION OF THE PEO PLE, CROWN DEPENDENCIES AND OVERSEAS TERRITORIES —UK PRIVATE MEMBER’S BILL
Mr. Christopher FamousYes, I am moving on to another subject. Mr. Speaker, there is a quote by somebody (I don’t know who), The British are coming; the British are coming! Some s ay it was Paul Revere, some say it wasn’t him, so I am just saying it was somebody. In February …
Yes, I am moving on to another subject. Mr. Speaker, there is a quote by somebody (I don’t know who), The British are coming; the British are coming! Some s ay it was Paul Revere, some say it wasn’t him, so I am just saying it was somebody. In February of 2020 (this year), two British MPs took it upon themselves to draft a Private Member’s Bill entitled “Representation of the People, Crown Dependencies and Ov erseas Territories.” UK MPs John Penrose, Andrew Rosindell and a friend of the Friends of the British Overseas Territories, Mr. Anthony Webber, from Guernsey. This proposed Bill was one that would allow for an MP to be elected from the overseas territori es to represent the overseas territories in London, in Westminster. Some might say, Oh, finally; this is d emocracy. But here is the thing, Mr. Speaker. Part of the Bill, the insidious part of the Bill, was that it would have allowed for British citizens residing in an overseas territory to vote in that election. And not only vote in that election, but run in that election. So, essentially what does that mean? Somebody could be here on a work permit, let’s just say a lawyer on a work permit, and run to represent Bermuda in London. A teacher could be on work permit in the Virgin Islands and run to represent the Virgin Islands in London. So, here we have som ebody with no historical connection to Bermuda, none whatsoever, able to run in our election, or run in an election, and represent us in London. Now, some might say, Oh, that’s democracy. That’s not the word for that, Mr. Speaker. It’s called “colonialism.” That British people want to run in our election and put themselves in a position to speak for us in London, first of all, we do not want to be part of Westminster. We don’t. And worse, we do not want foreigners representing us in Westminster. So, all I say to the people of Bermuda is be careful of the tr ojan horses that some people are bringing around. As of this weekend we are going to have a new Governor. Some might say, Oh, first Black Go vernor. But let’s remember, all Governors represent the 376 11 December 2020 Official Hansard Report
Bermuda House of Assembly Foreign Commonwealth & Development Office. They represent the wishes of the United Kingdom Gover nment. They do not represent the wishes of the people. So, on that note, Mr. Speaker, all I am saying to the people at the end of 2020 is be aware; be very aware of what is coming down the line. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Famous. Would any other Member like to make a contribution this evening? Any other Member? No other Member? Hon. Diallo V. S. Rabain: Mr. Speaker.
The SpeakerThe SpeakerMinister? You have your 20 minutes. BERMUDA PUBLIC SCHOOL SYSTEM EDUCATION REFORM UPDATE Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, earlier this week due to staff shortages caused by COVID -19 quarantines in Bermuda, public schools had to switch to remote learning. This was not a …
Minister? You have your 20 minutes.
BERMUDA PUBLIC SCHOOL SYSTEM EDUCATION REFORM UPDATE
Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, earlier this week due to staff shortages caused by COVID -19 quarantines in Bermuda, public schools had to switch to remote learning. This was not a decision that was made lightly, as we all know the best place for our children is inside the classroom, in- class learning. Mr. Speaker, our school leaders, teachers and staff did a commendable job to do something that many countries much larger than ours have struggled to do, and that is open our schools for in- class lear ning. I will take this time tonight to personally thank every single one of them for a job well done. Their diligence and willingness, Mr. Speaker, to follow the COVID guidelines set out by the Department of Ed ucation and the Department of Health t o give our st udents an opportunity to be in classrooms is greatly appreciated. Mr. Speaker, as you yourself can personally attest, it is not easy being an educator in these times. However, our educators consistently go above and beyond for their students. And tonight I want to give them my heartfelt gratitude and thanks for all that they do. Now, Mr. Speaker, I just want to shift a little bit to something that I spoke about earlier today. Berm uda, we need to realise that our education system is at a cross roads. The public have asked us, the Progressive Labour Party, to phase out middle schools and return to a two- tier system. Earlier today I gave an update on the education reform process that has been underway since 2018 and is moving forward with speed si nce March 2020. But, Mr. Speaker, this Government is moving ahead with the restructuring of our current system. And we will phase out the middle school system for a two-tier system which will consist of primary schools and signature schools at senior lev el. While I was disappointed, Mr. Speaker, with the Royal Gazette headline that after I gave that speech today their headline read “Closure of eight primary schools [proposed for] 2022” as an intro to their story about the Statement I made today, Mr. Spea ker, this was an inflammatory headline that r eflected nothing that was actually said yesterday. And they know what they did. They did it purposely to i nflame the sensitivity around what we were trying to get across. I challenge anyone at the Royal Gazette to read through the statement that was said this morning and find anywhere in that statement where it was stated that schools will close, that eight primary schools will close by 2022. Mr. Speaker, I encourage the public to have a read of the actual State ment and see the facts of what was said and how education reform is progressing. The mention of our primary schools was only one part of four updates that I gave this morning, and the part about the primary schools was said because we i ntend to, and we wil l, launch a consultation that will start in January 2021, Mr. Speaker. And this consult ation will certainly be about the proposal that we brought forth, because, Mr. Speaker, we are legally bound— legally bound—to consult prior to any structural changes, such as primary schools being consol idated or moved around. Mr. Speaker, the proposal also outlined a pr imary school in each parish and two in Pembroke par-ish. These schools will be P 1 through P8 and only consist of 15 students per class, Mr. Speaker, with a max of 300 students per school. When the consult ation process is completed, and only when it is completed and we have talked with the critical stakehol ders that we need to talk with, only then will a decision be made on how that proposal —if that proposal is not rejected by the public —will move forward, Mr. Speaker. I thought that was crystal clear this morning, but obviously, they thought that it is better to cause havoc within our community and sell newspapers than it is to actually tell the truth these days. Mr. Speaker, it is necessary for us to move forward with education reform, not only to provide a better school system for our children, but to look at our education system from top to bottom. We need to look at our ageing buildings. We need to put t he infr astructure in place to ensure that what we want our children to learn and what we want our children to be good at is managed within those buildings as well, Mr. Speaker. Mr. Speaker, in the last 20 years our student population has shrunk by 2,000 st udents. As we move ahead with system structuring, it is important for us to use this hard data, as well as population projections and input from our stakeholders, to create a system that is suitable for all students no matter how they
Bermuda House of Assembly learn. We need to foc us on the need to ensure that our students are educated, to lead personally and pr ofessionally, compete locally and contribute globally. Mr. Speaker, you have probably heard me say this a thousand times since I sat up here, and I will continue to say it: W e must position our students for success. That always has and always will be the v ision for school reform. As I said earlier, Mr. Speaker, nothing talked about the closure of primary schools in 2022. We presented a vision this morning and went to great pai ns to speak about the legally binding consultation that has to take place on any proposal that we put forth. I also stated again, and I want to reiterate, that the consultation process will start January 2021. I am embarrassed, Mr. Speaker, that I have to use this time at this time of night to clarify that mi sleading headline by Bermuda’s only daily. However, it is necessary to ensure that the public is aware that there is a full -blown consultation process, and that decisions cannot , and will not , be done w ithout the necessary input from our stakeholders —those stak eholders being our teachers, our students, our parents and the public. We will move forward with deliberate caution to ensure that the voices of our stakeholders have been heard and genuinely liste ned to. Mr. Speaker, it is important to remember that the Ministry of Education has been tasked with i mproving the education system for us because it has not been working for us . The public entrusted the Pr ogressive Labour Party in 2017 and again in 2020 t o not just move us away from middle school, but to i mprove the education system as a whole. I ask the public to continue to trust us, to allow us to complete the task ahead of us and participate in this journey with us as we look to ensure that our chi ldren are positioned for success. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak?
The SpeakerThe SpeakerMr. Simmons? MP Simmons, you have the floor this evening. L. F. WADE IN TERNATIONAL AIRPORT A FINANCIAL BURDEN
Mr. Jamahl S. SimmonsThank you, Mr. Speaker. Mr. Speaker, the comments by the Honour able Member from Paget . . . it is very disappointing, because I would have appreciated it if there had been some mention of the v ictims of December 2 nd, [2016]. I would have appreciated some concession for …
Thank you, Mr. Speaker. Mr. Speaker, the comments by the Honour able Member from Paget . . . it is very disappointing, because I would have appreciated it if there had been some mention of the v ictims of December 2 nd, [2016]. I would have appreciated some concession for what others outside this Chamber would call lies, but what were called in this Chamber a “fuzzying” of the numbers that were used to sell this airport deal to the peo-ple of Bermuda. Mr. Speaker, I would have loved to have heard something about the loss of millions of dollars that could go toward the benefit of our people at this trying time. But we heard none of that, Mr. Speaker. We heard, Get over it; suck it up; sing Kumbaya. No. No. No. It is proof positive that a mindset exists within that organisation that they can do no wrong, that there is no respect for the people of this country and the feelings of this country and the people who are hurt by their actions.
FORMER PREMI ER, DR. EWERT BROWN, FACING CORRUPTION CHARGES
Mr. Jamahl S. SimmonsMr. Speaker, I am moving on. I would like to take a few moments to talk about something that hit the news today, and this is in reference to the alleged arrest of Dr. Brown coming forth, and being charged with corruption. And Mr. Speaker, I would like to put …
Mr. Speaker, I am moving on. I would like to take a few moments to talk about something that hit the news today, and this is in reference to the alleged arrest of Dr. Brown coming forth, and being charged with corruption. And Mr. Speaker, I would like to put this in a historical context. In 2008, the Premier of Turks and Caicos, Mr. Michael Misick was driven from office in disgrace, charged with corruption. And about 2016 or so, he was t aken to court. So far, he has not been found guilty. In 2012 the Leader of Government of the Cayman Islands, McKeeva Bush, was driven from office on allegations of corruption, charged and taken to court and found [innocent]. Mr. Speaker, once could be happ enstance. Twice could be coincidence. But it has been said that a third time is enemy action. And so now, a British Government that is 0 for 2 in charging leaders of countries with corruption . . . and I will not speak to whether I believe they are innocent or guilty. The fact remains is that none of those who have been charged and disgraced publicly have ever spent a second in jail convicted for the crimes they are [accused] of. So, Mr. Speaker, that brings us to Dr. Brown. After 10 years of digging throug h every nook and cranny, we hear once again that he is going to be charged with corruption. And I will say this: The person that has been portrayed in the media, the person that has been portrayed by the Opposition in this i ncarnation and its previous one [the man] that they have portrayed, the former leader of my party, is not the man that I know, Mr. Speaker. The man that I know (and I spent a great deal of time with as his Chief of Staff, and later as his press secretary, Mr. Speaker, if I could declare my interest) is somebody who was passionate about his people, passionate about his work, and passionate about his country. This was a leader [with] whom I had the opportunity to be reclaimed, because I began my polit ical career as Dr. Brown’s Shadow Minist er. It was my job to expose, embarrass and destroy. And despite that . . . despite that, Dr. Brown convinced me to come out of the trash heap and into the light. He never held against me my previous role, and he did everything he 378 11 December 2020 Official Hansard Report
Bermuda House of Assembly could to restore me to the place that I truly, truly, truly belonged. He put me on the path to helping to earn this spot that I have now. And Mr. Speaker, if it were just me I could li sten as though this was just a passing fancy or this was a momentary lapse. But there are many, many young Black men, many, many Bermudian families who have been helped by Dr. Brown, that you would never even know about. As his Chief of Staff, I stood in his office and I watched when people brought him to tears because of the experiences they were havi ng, and he would move heaven and earth to help them. Nobody is perfect, but I do know that the person that has been portrayed to be the most horrible person in the history of Bermuda is not the person that I know, and is not the person that most Bermudians know, Mr. Speaker. And I will say this: It is my fervent prayer that after this ordeal is finished and Dr. Brown is vindicated that every penny that has ever been spent to try and destroy him, to incarcerate him, and to falsely accuse him, that he and h is family will receive triple -fold back. That is my prayer, Mr. Speaker.
YOUNG BERMUDIANS ENCOURAGED TO GET POLITICALLY INVOLVED
Mr. Jamahl S. SimmonsBut today, on our final session for 2020, I would like to take a few moments to reach out through the House to the young of Bermuda who . . . we know most are not listening, but I think this is an important message to deliver, not just here, …
But today, on our final session for 2020, I would like to take a few moments to reach out through the House to the young of Bermuda who . . . we know most are not listening, but I think this is an important message to deliver, not just here, but when the time comes to be face- to-face as I have done all over social media as I have done in the past. We have now an opportunity to encourage our youth, our people, Bermudians under 40 to move from making off to making moves, from posting to picketing, to progress. And what do I mean by that, Mr. Speaker? In other countries the young people are the driving force in political parties, in political organis ations and political movements. They are the life blood. But what has happened over the years is that while many have chosen to become more involved in one party or another, chosen to get involved in one organisation or another, or one charity or another, the vast majority are choosing to stay out of the fray. And I have heard some say to me, I am too honest to go into politics. I have a standard answer. I say, No, you are not too honest ; you are too scared . And th ey all chuc kle and laugh and say heh, heh, heh. But the reality is this: Our young people, particularly our young Black Bermudians have to feel a sense of ownership of this country. They have to feel a sense that they are capable and able to drive the direction of this country and demand the progress and the change they want. And it is not going to be achieved just by making off. It will require work. It will require sacrifice. And it will require them taking the first step into a bigger world to help trans form our Country. The reason why so many groups, whether it is International Business or seniors, get so much from this Government, or other governments when the o pportunity comes, is because they push their agendas. And it is now time for a new generatio n of Bermudians to begin to push their agenda, to think about the ideas of how this country can be driven forward, to think about ways to make life better. And it is time for you to take action. That is critical. Get involved. Join a party. Join an organis ation, whether it is social justice Bermuda CURB, whatever, PTA. But it is time for you to bring your contribution. And it is time for us to begin to not just make way and provide guidance to young people, but also begin to embrace their ideas, help them t o deliver on their ideas and make them actually feel a part of the process, because too many do not feel connected with any of the local processes that are occurring t oday. Many of the rules, many of the procedures, much of the political theatre are relic s of a bygone time. You are dealing with a generation now that will not sit and listen to the House of Assembly until ten o’clock at night and eleven o’clock at night. They will not watch a newscast necessarily every night or read a newspaper. Many of them do not even trust the newspaper, and are quite vocal in saying so. They are also a generation that has become accustomed to speaking without fear. And that is something that is new for us. And I think that once our younger people find the vehicle, whatever it is, to transform this country, they will be something that we have not seen. I think the closest comparison we will see will be to the generations of the ’50s and ’60s who transformed Bermuda radically for the better. And so, it is my hope that every one of us will take the opportunity, whether it is through social m edia, whether it is through social distance contact, whether it is by telephone, whatever the means, to reach out to the young people in our community who are expressing their feelings abou t our country and to give them the opportunity, the pathway, the mentor-ship, the guidance to how they can actually become a part of the process. We must at some point begin to prepare to pass the baton. But those who will receive it must be prepared to tak e it. And with that Mr. Speaker, I would like to wish everyone a Merry Christmas and I wish you all safe and happy holiday. Take care.
The SpeakerThe SpeakerThank you, MP Simmons. Does any other Member wish to make a contribution here this evening? No other Member? Hon. Walter H. Roban: Mr. Speaker, I would like to close if no one else is going to speak. Bermuda House of Assembly The Speaker: If you speak, we will close …
Thank you, MP Simmons. Does any other Member wish to make a contribution here this evening? No other Member? Hon. Walter H. Roban: Mr. Speaker, I would like to close if no one else is going to speak.
Bermuda House of Assembly The Speaker: If you speak, we will close because you opened us up.
Hon. Walter H. Roban: Yes, well, I am prepared to hold if someone wants to speak at your pl easure, Mr. Speaker.
The SpeakerThe SpeakerNo, no. No one seems to have moved, so you can go right ahead. PLP GOVERNMENT FULFILLING ITS MANDATE Hon. Walter H. Roban: Thank you very much, Mr. Speaker. Mr. Speaker, it has been an interesting session. It opened up with the celebration of our 400 th anniversary with the …
No, no. No one seems to have moved, so you can go right ahead.
PLP GOVERNMENT FULFILLING ITS MANDATE Hon. Walter H. Roban: Thank you very much, Mr. Speaker. Mr. Speaker, it has been an interesting session. It opened up with the celebration of our 400 th anniversary with the existence of the Legislature in St. George, of which the Government outlined . . . well, first of all there was a little bit of pageantry and cer emony around it, of course. But it was also the typical process of the Government outlining from the Throne the agenda that it would set about to endeavour for the parliamentary year. After what was obviously, Mr. Speaker, an i ncredible election victory with which the Government would step back to the Legislature with a mandate that was larger than any of any previous Government elected in these Islands, all in the shadow of a pa ndemic, all in the shadow of trying economic times, all in the shadow of global crises that we are all as a community managing with. And I say that, yes, we are all perhaps struggling to maintain an existence in the face of a pandemic. But there is one thing that I am comforted by, Mr. Speaker, [and that] is by the capac ity of our community to sustain itself and to ultimately triumph through adversity. So, here we are having begun the first part of a new legislative session having had to deal with the year 2020, which no one could have predicted. No one would have predicted there would have been an election, no one would have predicted that we would have had months of lockdown, shelter in place to then emerge with still the work to be done as a community to rebuild and to reshape ourselves to face what will be the future. So, this Government was elected to lead that process, and I can hones tly say that if there is one thing that the election did for us as a Gover nment, it was to reinstate our resolve. It reinstated our drive and our capacity to face what Bermuda will ult imately have to deal with. Clearly, we had a slogan: Rebuilding Berm uda with Bermudians at heart, following from another strong motto: Building a fairer and better Bermuda. But here we are. And the Bermuda that we are lea ding is facing new challenges. And the speech that we laid down at the opening of Parliament set some key resonating themes around health, around education, around opportunity, around job growth, around buil d-ing, rebuilding the Government and the country’s f inancial capacity. The Honourable Education Member who just took his seat not too long ago spoke about t he commitment toward education, Mr. Speaker. Our Throne Speech talks about the Government’s commitment to fulfilling its vision of healthcare. If there is one thing, Mr. Speaker, that the pandemic period since March of 2020 has made us understand it is that the health and the stability of the health system of this country is paramount. And much of the effort of the Government, Mr. Speaker, has been to ensure that our health sy stem was not overwhelmed by the prospects of what the pandemic would bring. But o ne thing it has also shown is that affor dable, efficient, all -encompassing healthcare is more important than ever now, as we see what is happening to so many countries around us. So, this Gover nment has recommitted itself to the National Health Plan. We have recommitted ourselves to the continuing involvement of the education system, even in the wake, even at the same time as it is rocked by the instability of the pandemic in our effort to deliver ed ucation to our children. We are still committed to the education reform. Mr. Speaker, we remain committed to ec onomic recovery. And the Finance Minister has appr opriated and organised the funding that, even despite our economic challenge, the Government believes will be necessary for us to keep the engine going t o assist the people that we need to assist and to lay down the appropriate programmes and steps that can be a foundation for economic recovery. And we are doing it confidently, and we are doing it certainly with valid ation from the international market whi ch has shown confidence in Bermuda as we have to make these tough choices. And despite the challenge that arranging that financing may bring to us, Mr. Speaker, we have gone and done it and certainly the markets have validated our efforts in that place. But it still means we have to be vigilant on managing the public purse, managing the finances, and I am sure the Honourable Minister, Mr. Curtis Dickinson, will be up to the task. Just now, Mr. Speaker, without any heavy r eflection, we continue to evolve aspects of our economic system, i.e., with the legislation that was passed earlier tonight. But there are other things that have to be done, Mr. Speaker. In our Throne Speech we committed to changes in the banking system. There is an initiative to potentially bring about a digital bank and looking at how that might work and bring changes to the financial system here. In my own Ministry, we are looking at ways that we can assist with bringing a level playing field around the whole conduct of financial companies with loans and mortgages. We have seen tabling of legislation with other things around cannabis and about potentially creating a regulated market around cannabis. There are many things have been accomplished this term so far. 380 11 December 2020 Official Hansard Report
Bermuda House of Assembly But we still face challenges, Mr. Speaker, and the Government, I believe, is being extremely realistic with the public about what we face. And certainly, the pandemic is pressing on us and creating new challenges. Just today the Premier and the Health Minister had to come forth with c ertain initiatives to try and stem the spread of the virus in the community. But I believe the country is up to the challenge, Mr. Speaker, because we came through, we faced the pandemic in April and we came out of the shelter in place having done a reasonably good job. We were recognised globally on how we managed it. But as we have seen globally, even those countries that have done remarkable jobs in the first wave of the pandemic are now facing challenges and have faced challenges with their management of the situation. Even those who have done the best in the world are now facing outbreaks and are having to manage the spread. So, we are going through nothing any different from many countries in the world. Our economic challenges are by and large similar to other jurisdictions north, south, east and west. But I am actually confident, Mr. Speaker. In this session alone, the legislation that we have passed, both financial and otherwise, is to ensure that the work that is being done will help to build Berm uda’s economy, will help to put in place diversification that will assist with creating jobs and developing op-portunities and focusing on entrepreneurship, and f ocusing on ensuring that local businesses get the help that they need and have gotten the help th at they need to face their own challenges. We have done so much in so many different ways. I am not suggesting that we can solve every problem immediately, Mr. Speaker. But I do believe that this Government has set down even in this first term measures and initiatives which are laying good groundwork to ensure that as the world begins to potentially benefit from the vaccines that are coming into play and some normalisation of existence around the pandemic begins to settle for everyone globally and economies will recover, Bermuda will also recover. We will see recovery within our hospitality and tourism market. Hopefully, cruise ships will begin to return to our shores. We are seeing progress on the hotel front with the St. Regis in St. George’s, with ot her developments. Obviously, there are still challenges in other aspects of the hospitality industry in Bermuda, but as a country, I believe we will make it over those challenges. And we will perhaps have new relatio nships with new partners to shape, whether i t be new hotels, whether it be new partners in areas like Airbnb and like vacation rentals or even new companies coming to Bermuda. We all have heard about the exciting new company Infinity, which has brought a whole slew of their employees here to Bermuda. We have seen benefit from the one- year residency programme which was devised and has actually brought hundreds of people to Bermuda and hundreds interested in coming to Bermuda during this period. So, many things have been done and are b eing done, Mr. S peaker, to bring about the recovery that Bermuda requires. But there is more to be done, and certainly, we do hope that we will have the support of the Opposition where we can on a lot of these initiatives, as we relook at aspects of our economy and look t o reshape it that we will have partners in the business community and in other sectors to do things that we need to do on the social front with our clubs and with other associations in the community. And we do hope that people who are in need will get the support that they require, whether from the health front, whether it be from the economic front, whether from the social front. And certainly, we laud the work of many of our charitable organisations who are still out there as we enter into the holiday season, Mr. Speaker, helping families, helping those in need. And many of us in the community will do our little bit to add to that component, Mr. Speaker. But Mr. Speaker, I will say again, I believe that this PLP Government has done good work in this ses-sion. We have more work to do. Our Throne Speech which was delivered on November 6, 2020, laid out a very straightforward plan, an initiative around items which were clearly laid out in our platform from the election. And we will continue to try and work in this deliberate, open and transparent and straightforward way to deliver rebuilding Bermuda with Bermudians at heart. But, Mr. Speaker, how much more time do I have?
The SpeakerThe SpeakerYou have five minutes left. Hon. Walter H. Roban: Mr. Speaker, I will not l ook to use up all of my time, but I will say this. I do want to wish all of our colleagues, all 36 members of this House and Legislature, your staff and others who …
You have five minutes left.
Hon. Walter H. Roban: Mr. Speaker, I will not l ook to use up all of my time, but I will say this. I do want to wish all of our colleagues, all 36 members of this House and Legislature, your staff and others who have actually had to make certain adjustments to accommodate us meeting virtually and otherw ise as plans were in place . . . I wish to thank them for all their hard work, you and your staff for facilitating this session. But I would also like to thank the people of Bermuda for putting their confidence in us to continue the work of this Government . And I wish every Member of the Legislature, Mr. Speaker, a peaceful and healthy holiday period as we have to face some challenges as we slip into Christmas. I also wish everyone, all of our Members and their families a peaceful and prosperous 2021. I wi ll be very blunt. We all want to see the other side of 2020, I would believe, Mr. Speaker, so that we can face new promise and new opportunity, potentially, in the next year of 2021. And I look forward to being in this House with every Member happy and hea lthy on the other side of the New Year.
Bermuda House of Assembly All the best to you and your family as well for the holiday season and the New Year, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Deputy Premier. That brings us to a close of tonight’s session, but also a close to this period of Parliament before we break for our Christmas recess. And as this is the last sitting, I would like to remind members that we will resume again on the 19th …
Thank you, Deputy Premier. That brings us to a close of tonight’s session, but also a close to this period of Parliament before we break for our Christmas recess. And as this is the last sitting, I would like to remind members that we will resume again on the 19th of February 2021. As we go into this holiday season let us keep in mind the conditi ons that we are living under and remind everyone and encourage everyone to be mindful of others. If we do as we should, wear our masks and practice the proper precautions, not only do we benefit from it, but those around us, our loved ones and those we com e in contact with will also benefit from that. With those few remarks, Members, have yourself a very blessed Christmas season, you and your families. My well- wishes go to you and your fam ily. Good evening members.
[Gavel]
The SpeakerThe SpeakerThe House now s tands adjourned. [At 12:33 am (12 December 2020) the House stood adjourned until Friday, 19 February 2021.] 382 11 December 2020 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank.]