The SpeakerThe SpeakerGood morning, Members. Today’s session is about to st art. We will have the prayer from Ms. Beale. Please give us our prayer. PRAYERS [Prayers read by Ms. Kara Beale, Assistant Clerk ]
The SpeakerThe SpeakerThank you, Ms. Beale. CONFIRMATION OF MINUTES [Minutes of 17 July 2020 ]
The SpeakerThe SpeakerMembers, the Minutes f rom July 17, 2020, have been circulated. Are there any omissions, corrections or amendments to be made? There are none. The Minutes are confirmed as printed. Thank you. [Minutes of 17 July 2020 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are no messages from the Governor. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerThere was going to be an announc ement on the ruling [this morning] . We found out we need to make an amendment to that. And so I will do that later, with your indulgence. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are no messages from the Senate. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerWe have three papers this morning. The first is in the name of the Premier. Premier, would you like to put your [paper ]? TOURISM INVESTMENT (ROSEWOOD BERMUDA) ORDER 2020 Hon. E. David Burt: Good morning, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the …
We have three papers this morning. The first is in the name of the Premier. Premier, would you like to put your [paper ]?
TOURISM INVESTMENT (ROSEWOOD BERMUDA) ORDER 2020
Hon. E. David Burt: Good morning, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Tourism Investment (Rosewood Bermuda) Order 2020 , as made by the Minister r esponsible for Tourism under section [ 3(1)] of the Tourism Investment Act 2017 , together with the written agreement of the Minister of Finance in exercise of the power conferred by section 5 of the Tourism I nvestment Act 2017.
The SpeakerThe SpeakerThank you. T hank you, Mr. Premier. Minister of Education, would you like to do your paper? [Pause]
The SpeakerThe SpeakerMinister of Education? Is Minister Burch available? Minister Burch, if he is there?
The SpeakerThe SpeakerMinister Burch, please proceed with yours. Thank you. OTTIWELL SIMMONS ARBITRATION CENTRE PLAN
Lt. Col. Hon. David A. BurchGood morning, Mr. Speaker. I have the honour to attach and submit for the information of the Honourable House of Assembly the Ottiwell Simmons Arbitration Centre Plan.
The SpeakerThe SpeakerThank you, Minister. Is the Minister of Education available now? Minister ? Hon. E. David Burt: Mr. Speaker, I understand that a few persons are having trouble with the link. But I am 4546 24 July 2020 Official Hansard Report Bermuda House of Assembly happy to lay the paper for …
The SpeakerThe SpeakerI do not mind at all. Go right ahead. BERMUDA COLLEGE AUDITED FINANCIAL STATEMENTS 2019 Hon. E. David Burt: Thank you, Mr. Speaker. On behalf of the Minister of Education, I have the honour to attach and submit for the information of the Honourable House the Bermuda College Audited Financial …
The SpeakerThe SpeakerThank you. We will move on. PETITIONS
The SpeakerThe SpeakerThere are none. STATEM ENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have quite a few this morning, roughly 13 Statements this morning. And the first is in the name of the Premier. Premier, would you like to present your Statement?
Lt. Col. Hon. David A. BurchMr. S peaker, you have two [devices] signed-on, so there is an echo when you speak. Turn off one— [Crosstalk]
The SpeakerThe SpeakerYes. It was the other camera that we use for the Sergeant -at-Arms coming in. So we have just corrected that. Thank you, Minister. Premi er, would you like to do your Statement? [Pause] Hon. E. David Burt: Oh, sorry! My microphone was on mute, Mr. Speaker; that is not …
Yes. It was the other camera that we use for the Sergeant -at-Arms coming in. So we have just corrected that. Thank you, Minister. Premi er, would you like to do your Statement?
[Pause]
Hon. E. David Burt: Oh, sorry! My microphone was on mute, Mr. Speaker; that is not very helpful.
ECONOMIC DEVELOPMENT AND TOURISM UPDATES Hon. E. David Burt: Mr. Speaker, Bermuda’s fortunes are dependen t on the ability of the community to unite in two main efforts: the renewal of this existing economy and the design of a new paradigm of economic activity that strikes out from our traditions, creating an equitable redistribution of opportunity and wealth. Mr. Speaker, the concept of twin pillars of Bermuda’s economy has become less a reality as our tax base, policy and legislative impetus and third sec-tor dependence have predominantly rested on international business. As a sector they have shouldered thi s burden well , and Bermuda enjoys its continued high standard of living largely due to the economic contr ibution generated at varying levels by international business. Tourism, Mr. Speaker, has become a mindboggling formula of high costs, irrelevance in key markets, stops -and-starts in development and an atrophy of outlook that prevents us from exploiting those things we do well. To be clear, Mr. Speaker, this does not all rest at the feet of the Bermuda Tourism Authority. I believe they have performed according to their existing capacity. Earlier this year the Bermuda Tourism Authority noted that 2019 was the second - best year in the past 13 years for leisure air arrivals and stated that between 2015 and 2019 leisure air arrivals jumped 37 per cent . 2019 was cited as “the third consecutive year of record- breaking total visitor arrivals ,” a number that combines cruise, air and yacht travel lers. Mr. Speaker, those numbers were achieved against the back drop of decreased air capacity and increased cruise arr ivals. I do not propose to relitigate those numbers today ; suffice it to say they tell a deeper story and, in fact , dictate much of the task that lies ahead. Mr. Speaker, it is my considered view that the Bermuda Tourism Authority as [an] organi sation is top-heavy and does not yet embrace the ethos of this Government —that is to say , the creation of an equit able redistribution of opportunity so that those who have been left out or left behind by Bermuda’s success, predominantly Black entrepreneurs, will receive a chance to participate on equal terms. Mr. Speaker, we must change the convers ation around tourism. Bermuda is no longer the debutante at her first ball , and so the days of getting by on natural beauty alone are over. To extend the met aphor even m ore, Mr. Speaker, our dance card will never be filled if we do not make ourselves more attractive and more relevant. The proof of how harsh reality can be, especially when we try to ignore it, is seen in the numbers to which I referred a moment ago. Most H onourable Members are older than me, but even I remember that the mantra of Bermuda’s glory days of tourism w ere to frown on cruise ships and their passengers —hamburger tourists , as one Minister called them. Well, Mr. Speaker, having been so discerning in our past ––it is fully evident of our declining relevance that our 2018 and 2019 numbers of total visitors comprised approximately 65 per cent of cruise visitors. As the Minister responsible for tourism, I am determined that we will not be caught out by t rends and changes in the market. Let me be clear , Mr.
SpeakerThe SpeakerI do not wish to run the Bermuda Tourism Authority, and I have no intention of being a m icromanaging minister consumed with the operations Bermuda House of Assembly of that organi sation. However, my responsibility is to set policy and oversee its execution to the benefit of the people …
I do not wish to run the Bermuda Tourism Authority, and I have no intention of being a m icromanaging minister consumed with the operations
Bermuda House of Assembly of that organi sation. However, my responsibility is to set policy and oversee its execution to the benefit of the people of Bermuda, and that is what I intend to do. Mr. Speaker, a regrettable feature of life in Bermuda is the need for third- party validation of things even though they are clear as day, especially when stated by a member of this Government. Therefore, lest Honourable Members consider that the comments I make today are some nuanced spin or the work of high-priced consultants, in June 2011, almost a decade ago, Jon Crellin, the former General Manager of the Fairmont Hamilton Princess , told the Royal G azette this as he ended his tenure: “Why do we always hear about Bermuda’s heyday? It’s been gone and things have moved on. That was about 25 or 30 years ago, this is now and things are different, very different. Back then we weren’t surrounded by big- name resorts, we didn’t have any competition. . . . We really need to put things back in context rather than dwelling on th e past . . . We need to do our research to see who our compet ition really is. It doesn’t matter what we think, it’s what tourists think . . . . Something needs to change to take Bermuda to the next level. We need to be put back on the map. Bermuda needs to do something sooner r ather than later.” Mr. Speaker, that later is upon us. Mr. Speaker, there are a number of key i ssues that must be tackled , and I am pleased to set those out in summary for the benefit of Honourable Members: The first is Relevance. Mr. Speaker, Honourable Members will recall the National Tourism Plan
launched under the auspices of the former Minister of Tourism and Economic Development, the Honourable Member for c onstituency 33, Jamahl Simmons. That plan features a section titled “Awareness and Rel evance ,” and it says: “We must focus our resources to make the right audiences more familiar with Bermuda and break through the ‘ noise ’ of other destinations .” And later in that section it goes on to say that if there are no distinguishing factors differentiating Ber muda, few people will choose her and those that do consider coming will view Bermuda as being very ex pensive. In these statements, Mr. Speaker, we find the defining issue behind our tourism challenge over the last two decades. Mr. Speaker, the fact that this is in the National Tourism Plan means that the BTA [Be rmuda Tourism Authority] is fully cogni sant of this challenge, and that is a good thing. Beyond recogni sing the issue, the BTA must cease looking inward in a very micro sense, and advance a policy of engag ement at the macro level which makes Bermuda an almost mandatory experience in our key markets. Mr. Speaker, to address the issues of inconsistent air arrivals, seasonality and our high price point, we must connect to our key markets beyond the level of a vacation destination. We have fine events in Bermuda, but nothing that ranks as a “ must attend” for the demographic we claim to want as our guests. As an example, Mr. Speaker, people w ill not leave New York for “Restaurant Weeks ” in Bermuda. W e must offer something more compelling that differentiates us and makes our I sland relevant. Number two, Air Service Development . Mr. Speaker, with my colleague, the Honourable Member for constituency 26, the Minister of Transport Neville Tyrrell, I intend to commit significant resources to further the development of air service for Bermuda. I have received a detailed analysis done during the tenure of t he former Minister of Tourism and Transport, the Honourable Member for c onstituency 29, Z ane De Silva, and I can advise Honourable Members of this Honourable Chamber that there is now a joined- up approach to air service development that will form the foundation of critical next steps in growing air lift from key markets to Bermuda. Number three, Film, Arts, Fashion and Entertainment. Mr. Speaker, Bermuda continues to have a reputation as staid, boring and uninspiring. This issue is more than any real or perceived lack of nightlife or options after 10:00 pm. There is a deeper core to this product discussion that must be addressed. Mr. Speaker, even the very best marketing will struggle in the long term to overcome the competitive headwinds that we face. This increased competition paired with our high price point means that we must evolve be-yond the singular narrative of the idyllic island par adise. Mr. Speaker, we have spent hundreds of mi llions on marketing, staffed foreign offices and are the home to some of the world’s top insurers, reinsurers and global brands like Bacardi . How then can we be so unknown and essentially irrelevant to the very mar-kets from which those successes emanate? Striking out into film, arts, fashion and entertainment in targe ted, m eaningful ways that mirror the expectations cr eated by our price point must be the next wave of effort in promoting Bermuda. Every day we are treated to a success story in the local news of Bermudians who have achieved name recognition and success in these areas outside of Bermuda, but have no real —and I say real home film festival, no real haven for the arts , no fully supported fashion week to match their talents. Mr. Speaker, people want to feel a buzz where they live and a sense that things are happe ning. Bermudians need to feel pride in their tourism and will do so when we provide them a product to brag about again. Mr. Speaker , natural beauty is not enough to get us by in 2020. Mr. Speaker, I will share with Honourable Members a useful illustration. A renowned European film festival has a $20 million budget, $10 to $12 million of which comes from the country’s government. This annual event connects this European city to Ho llywood , and is a must -attend event for all and sundry connected to the industr y, and has provided this city with a thriving arts scene of which this event is the pinnacle. Yes, Mr. Speaker, $10 million is a significant 4548 24 July 2020 Official Hansard Report
Bermuda House of Assembly spend on one event , and I am not proposing we do so. But when we consider that Bermuda has been spending that annually on billboards, pink taxis and TV ads , with little to no real return on goals first set out almost 20 years ago, investments into arts, fas hion and entertainment combined with celebrity to raise Bermuda’s relevance must be seen as a long- term investment worth making. Mr. Speaker, we have tried fishing where the fish are. T hey are not biting , because they do not like our bait. It is time to make real investments to fix our product and recogni se that , just like we can’t take pink sand from the beach, selling pink sand w ill not get us where we need to be. Our approach must be different, leveraging celebrity to attract private sector sponsors to share the investment and assist in building their brands while we make our brand more relevant in key markets. Mr. Speaker, there is one trite aspect of tourism policy that applies from Hamilton, New Zealand , to Hamilton, Bermuda: T ourism works best for us all when air arrivals are up and hotels are full. I am de-termined to build on the work done by the Ministers of this Government to see more Bermudians working in tourism, earning salaries that allow them to meet their families’ needs and establish themselves as citizens in their country whose careers and contributions drive this economy , too. Mr. Speaker, in regard to economic develo pment , it seems an eternity ago, but in his Statement in Support of the Estimates of Revenue and Expenditure, the Honourable Member, t he Minister of Finance relied upon the words of an African proverb: “If you wish to move mountains tomorrow, you must start by lifting stones today.” Mr. Speaker, I am pleased to advise this Honourable House that the efforts of this G overnment in economi c development continue to build that foundation for transformational change we promised for Bermuda. It is essential that Bermuda’s economy builds on what we have while laying the legislative underpinning to advance the growth of existing and new sectors i n our economy. It is often forgotten that our job in this Honourable House when it comes to economic development is to create the legislative underpinning that our vibrant private sector can market internationally to attract business to Bermuda. It is what worked in financial services, and it is what will work in other sectors targeted for growth. Honourable Members will have noted recent policy changes that promote the development of Bermuda’s economy. This can be seen through the swift changes to the residential certificate policy outlined by my colleague, the Member for c onstituency 17, the Minister of Labour, Jason Hayward. Additionally, Mr. Speaker, I wish to advise Honourable Members of the following items under economic development : (1) Honourable Members will take under co nsideration today a mendments to Bermuda’s t rusts le gislation , which will dramatically increase Bermuda’s marketability by moderni sing the statute. (2) Led by the Bermuda Business Develo pment Agency, marketing efforts, policy and l egislative changes are being advanced as part of a targeted Asia and Hong Kong strategy . (3) The Cabinet Office, in conjunction with the Ministry of Finance, Bermuda Business Development Agency and the Bermuda Monetary Authority , is craf ting standalone F amily Office Legislation to different iate Bermuda’s offering in this competitive global space. (4) To support the Ministry of Finance and the Registrar of Companies, the Bermuda Business D evelopment Agency is setting out a clear strategy around marketing our economic substance regime that will see these changes for companies accrue to the benefit of Bermuda in the form of more jobs . (5) Our FinTech strategy continues to yield new company formations , with more companies applying to be licensed under Bermuda’s framework. The Bermuda Business Development Agency , in conjunction with the Bermuda Monetary Authority , will be advancing changes to the digital asset framework for this Honourable House’s consideration in September . (6) The Regulatory Authority is adv ancing the necessary fee structure that will allow us to bring into force the legislation to promote subsea cables for Bermuda. (7) Finally, Mr. Speaker, t he Bermuda Ec onomic Development Corporation is finalis ing guidelines for approved residential schemes in the economic empowerment zones to attract Bermuda- based i nvestment , creating construction jobs while maintaining the rich cultural history of these areas. In closing, Mr. Speaker, I believe it is i mportant to underline a key difference in policy betw een this Government and the Members opposite. The almost throwaway line of the Opposition is the need for (and I quote) “more foreign investment .” But , Mr. Speaker, foreign investment which does not see the profits benefit the people or the community in which it is invested is yesterday’s model. The economy of t oday and the future will not be the one with which the Members opposite are so familiar and so comfortable. The economy we are determined to build is one that creates a country of Bermudian owners and Bermudi-an investors , ordinary women and men who can put their disposable income or hard- earned savings to work investing in projects and initiatives which benefit the community and generate a return for them as i nvestors and intergenerational wealth for their children. Mr. Speaker, time after time we hear the call for more foreign investment , but the unspoken part of that call is that it signals no change to the status quo or ranking of Bermudians in their own country. The Members opposite speciali se in short -term [bursts ] of
Bermuda House of Assembly economic activity that generate enough for today , but no long- term hope for tomorrow. Lurching from a boat race for billionaires to building a vanity airport terminal is not an economic record of which to be proud. Neither provided the lasting impact Bermudians need to transform their personal economic [ futures ], and both left us with debts for many years to come. There is a shocking irony in the criticism of the G overnment because we are not following their model of crafting schemes to make the rich richer while denying Bermudians the wealth- creation opportunity these i nvestments should bring. Mr. Speaker, this Government’s economic paradigm will welcome foreign investment, but it must be paired and matched with Bermudian investment so that our children do not see profits sucked from their shores and wonder why their forefathers sold them out. Mr. Speaker, we are designing a new par adigm of economic activity that strikes out from our tr aditions, creating an equitable redistribution of oppor-tunity and ensuring that Bermudians have an opportunity to participate so they can be owners in their own country, building wealth for future generations to i nherit. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement this morning is in the name of the Deputy Premier. Deputy Premier, would you like to put your Statement? Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you very much.
The SpeakerThe SpeakerGo right ahead. Hon. Walter H. Roban: And good morning to you and the people of Bermuda. IMPLEMENTING MEASURES TO PROTECT MORTGAGE AND LENDING CUSTOMERS Hon. Walter H. Roban: Mr. Speaker, I wish to inform Honourable Members of the steps being taken to bring to this Honourable House legislation to …
Go right ahead.
Hon. Walter H. Roban: And good morning to you and the people of Bermuda.
IMPLEMENTING MEASURES TO PROTECT MORTGAGE AND LENDING CUSTOMERS
Hon. Walter H. Roban: Mr. Speaker, I wish to inform Honourable Members of the steps being taken to bring to this Honourable House legislation to implement measures to protect customers from the challenges arising in mortgage and lending transactions. Mr. Speaker, because of the economic impact of the COVID -19 pandemic, many persons are unemployed or underemployed and struggling to make ends meet. Many of these persons are homeowners with signif icant mortgages or loans. I am making this Statement at this time to assure the public that help is on the way. Mr. Speaker, you may be surprised to learn that our Consumer Protection Act 1999 explicitly e x-cludes from the definition of “goods” (in quotes) financial transactions with lenders. There is also no regulated code of conduct that governs the conduct of lending agencies and lending officers. Henc e, consumers and small businesses currently have little or no redress for unfair or inequitable conduct by lending agencies. Mr. Speaker, some of the practices that have come to our attention include the following: • A lender forecloses on a property and sells the home. The customer’s property was sold at a fair market value, and the net sales proceeds when applied to the principal balance left a shortfall of $100,000. The customer has been paying off the shortfall for approximately six years. As a result, the former owner ends up with no asset and [is] still pa ying a debt that they can ill -afford to pay. In a number of other jurisdictions, this practice has been disconti nued as banks have insurance to underwrite the writing off of bad debts. • Next scenar io: A customer has a 30- year mortgage term and has made 180 payments on a regular and timely basis, and is now in default. It should be noted that these payments have contributed a significant amount of interest to the lender. The lender has the option to restructure the debt to have the effect of a lower mortgage payment and making the mortgage more affordable. Alternatively, the lender could allow the property to be rented and set the interest rate very low, which can be changed to a higher rate when the customer’s financial position i mproves. None of these remedies were considered, and the customer was threatened with foreclosure. • Next scenario: A customer was finding it difficult to find a job. Her tenant had moved out of the property. She was extremely frustrated and fearful of the mortgage going into arrears. She insisted that the lender take the keys to the property. The lender i nstructed the customer to take the keys to their attorney. The lender’s attorney rented the property, and there was no com munication between the lender and the mortgagor, although the customer is still the ow ner. It should be emphasised that lenders are not in the business of owning real estate and therefore should not accept keys from a mortgagor whose account was not in arr ears. • Next scenario, Mr. Speaker: A lender had written to a customer requesting that the customer reduce the mortgage principal balance by more than $60,000 in order to bring the loan to value (LTV) to an acceptable lender loan value. In other words, th e value of the home is less than the outstanding loan amount. The collateral value had been reduced as a result of the economic downturn brought about by the 2008 recession. The customer, who had been current on all of her payments, sought independent advi ce. It was determined that, based on the current payment, her LTV would be at an acceptable level within six months. Had she not sought the advice, she would have had to find the $60,000 to pay the lender, which 4550 24 July 2020 Official Hansard Report
Bermuda House of Assembly would have put her even deeper in debt. Inst ead, the mortgage has now been restructured. • Last scenario, Mr. Speaker: There have been a number of complaints over the years of conflicts of interest. One example that was communicated to me was about an owner who was in arrears and was trying to find a way to save his house from for eclosure. He submitted a long- term rental agreement where the rents would pay his monthly mortgage payment. The agreement was refused by the lender, and the property was foreclosed. It was discovered later that the property was purchased by a senior member of the lending institution. Mr. Speaker, you will forgive me because when these scenarios were presented to me, I really got very upset and angry when these scenarios were presented. So excuse my thrust and emotion in my voice. Okay, I will continue, Mr. Speaker. Mr. Speaker, these are just a few of the many complaints we have received. These scenarios are made all the worse because of the imbalance between the lending agencies and the individual customer. Agencies such as banks have a great deal of legal and financial clout, as opposed to individuals and owners of small businesses. Most customers do not read and understand the entire contract, nor do they understand the terms. Often, they are not i nformed that there are alternative solutions to address their financial challenges. This problem affects persons at all educational and financial levels. Mr. Speaker, you would agree that an indivi dual who is already struggling cannot afford the ser-vices of a lawyer or adviser. Many lawyers are themselves conflicted, as they are either customers of or have represented the lender. There are also too few lawyers who specialise in real estate and mortgage law. Mr. Speaker, as a government we have committed to ensuring protections are in place to saf eguard consumers from financial harm due to a dispr oportion of influence. We are currently working on pol icies and tabling legislation to achieve those ends. We expect that the proposed legislation will be tabled in the next session of the House. Some of the protections which we will be introducing are, but not limited to, the following: • Amending the Consumer Protection Act 1999: 1. to give the Minister responsible for Consumer Affairs the authority to create regulations relat-ing to consumer protections for mortgages and loans; 2. establishing a tribunal to consider complaints by consumers and arbitrate disagreements; 3. introduc ing penalties for noncompliance with the regulations; and 4. providing community communication and education on lending. • Introducing a code of conduct that will govern the conduct of all lending officers and agencies. This will include: 1. outlining best practices in lending; 2. defining unfair customer treatment and/or un-fair lending practices , and introducing rem edies for addressing such instances; 3. defining rules governing foreclosures, inclu ding the disposition of property and any shor tfall; and 4. requiring lending agencies to introduce “truthin-lending ” practices. This means that the customer will have the right to detailed and clear disclosure of the following: (a) the loan amount and payments; (b) prepayment penalties; (c) due dates and late charges; (d) upfront fees; (e) variable and fixed rates; and (f) payment d efaults and foreclosures. Mr. Speaker, we have all become ac utely aware of the different ways in which vulnerability can manifest itself, especially in times of uncertainty. A home is often a Bermudian family's most valuable possession. Therefore, keeping families in their homes, preserving communities and maintain ing the family unit are priorities. Through these amendments, we will be putting Bermuda on par with many other jurisdictions, and most importantly we are putting Bermudian families first. Lending practices that intim idate and cause fear in those who aspir e to a peaceful, healthy financial future must end. Mr. Speaker, this Government is committed to levelling the playing field and providing oversight [and] accountability to ensure protections are in place to safeguard consumers from financial harm. I must remind Honourable Members that this Government has already completed the first phase of consumer financial protection through the implementation of the Debt Collection Act 2018. This initiative represents phase two of our financial protection initi ative. Mr. Speaker, at this juncture I would like to acknowledge the excellent work which is being pr oduced by Executive Officer, Consumer Affairs, Karen Marshall, and our consultant, Ms. Frederica Forth. Ms. Forth has had 35 years of experience in lending, fir st in the mortgage department of Bank of Bermuda, where she held a position of Vice President of Mortgage and Personal Lending Department, and subsequently with HSBC as Senior Service and Sales Manager, where she remained until early retirement in 2008. Si nce 2008, she has been in the real estate i ndustry, in addition to offering real estate training and mortgage consultation. Honourable Members will agree that Ms. Forth has the right experience to assist with this initiative. She is also passionate about i dentifying protections for consumers in the area of lending. Ms. Marshall and Ms. Forth have almost co mpleted their recommendations on the proposed amendments to legislation, policies and procedures to
Bermuda House of Assembly implement the required protections. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. CAROLINE BAY —THE WAY FORWARD Hon. Curtis L. Dickinson: Mr. Speaker, I rise this morning to provide this Honourable House with an update on the Caroline Bay Development and to pr ovide the House with an interim report describing how we see the development progressing. In doing so, …
Good morning.
CAROLINE BAY —THE WAY FORWARD Hon. Curtis L. Dickinson: Mr. Speaker, I rise this morning to provide this Honourable House with an update on the Caroline Bay Development and to pr ovide the House with an interim report describing how we see the development progressing. In doing so, I will provide greater context into how we have viewed the project from the time we were made aware it was in financial distress, steps that are being taken currently and the way forward on the project. Mr. Speaker there are some aspects of the Bermuda Government’s plans that, on the advice of our lawyers, will not be discussed at this time. Honourable Members of this House will be aware that where matters are sub judice, meaning they are in the hands of the court, it would be inappropriate to com-ment prematurely. Where it is possible for me to share greater detail with this Honourable House and the people of Bermuda now, I am happy to do so. Mr. Speaker, the sad history of t he project is well known, and I have written in detail previously about how, beginning in June 2019, both the tranche B and C lenders formally notified the developers and the Government of their demands to be repaid imm ediately due to the events of default having occurred. Consequently, and contrary to comments made by the developers in the media, the Government legally had to meet its obligations under the loan and guarantee agreements. Specifically, the demand under the tranche B agreements was received o n the 19 th of August 2019 and required payment within 45 days, by the 3 rd of October 2019. Mr. Speaker, the Government acted quickly to first secure sufficient liquidity to meet its immediate obligations and provide contingency, while it examined any other exposures. On the 17th of September 2019, we closed on a $200 million credit facility with local financial institutions. Following that, we exercised our option as guarantors under the tranche B loan agreements to purchase rather than pay off the loan. T his preserved all the rights that the debt hol ders had for the Government to use in due course. The purchase price on exercise of this option was clearly defined in the loan agreement. This included the $85 million principal, accrued and unpaid interest an d legal expenses of the tranche B lender for the transaction. Additionally, it required a 4 per cent prepayment pr emium of $3.4 million —again contrary to a statement made that the Government unnecessarily paid a $10 million prepayment penalty —resulting in a total purchase price of $88,472,958.32. The transaction closed on the 19 th of September 2019. Mr. Speaker, having satisfied the tranche B obligations, we then negotiated purchasing the tranche C loans from Arch and AXIS. The purchase price was limited t o $75 million principal plus $5 mi llion of guaranteed interest. Thus, total consideration was [$80 million], and the transaction closed on the 7 th of October 2019. At the time the total owing on the loan, considering default interest rates, and PIK, (ot herwise known as payment -in-kind interest), was over $99 million, and today is almost $109 million. This action avoided wasteful potential litigation with two of our most important international business partners. Mr. Speaker, the Bermuda Government did more than just this, however. We also committed to purchase the claims of the contractors and subcontractors who had been left unpaid by the developers. We worked with the main contractor, dck Bermuda, to understand the extent that they and so many Berm udian s ubcontractors had been left unpaid by the developers. We did not have a legal obligation to do so. It was of national economic importance for them to be paid immediately, while we took the necessary time to evaluate a way forward and a way to get the money back for the people of Bermuda. On the 20 th of December 2019, we purchased dck’s claims for a total price of $11,051,437.29 and immediately began paying subcontractors. Mr. Speaker, these were businesspeople who had placed their faith in the developers, much like the former Government had done, and had been left financially holding the proverbial bag. We used the new borro wing to purchase their claims and added them to the amounts paid on the loans outstanding, and the interest on those loans, to arrive a t what the Bermuda Government is owed on the Caroline Bay project. Mr. Speaker, I set out in precis the steps the Bermuda Government has taken to date: • We raised $200 million in bank debt at 4.25 per cent . • We acquired the defaulted loans from the tranche B and tranche C l enders . • We acquired claims from contractors and subcontractors, thereby providing them with the funding that had been outstanding for over a year . • We bought the tranche B and C l oans to sati sfy our legal obligations and to provide us with the full suite of legal remedies available to the previous debtholders . • We applied to the Supreme Court of Bermuda and were successful in appointing J oint Provisional Liquidators from leading accounting 4552 24 July 2020 Official Hansard Report
Bermuda House of Assembly and audit firm EY over operating company George’ s Bay Limited [ GBL]. Mr. Speaker, the Bermuda Government now has 98.8 per cent of the claims outstanding against George’s Bay Limited. To date, the developers have not paid anything on the outstanding claims. Surpri singly, they commenced a public relations c ampaign to encourage the Bermuda Government to provide them with a second chance on the deal. We have made detailed comments in the press as to why we will not engage in a second transaction with them, so there is little benefit to repeating those statements here except to reiterate that the recent revelation that Starwood Capital had not agreed to provide financing on this deal came as a surprise to the Bermuda Government as well, this having been alleged on numerous occ asions since December 2019 by the de velopers. Mr. Speaker, Joint Provisional Liquidators (or JPLs) are independent and are under the sanction of the Bermuda courts. By law they are entitled to have access to all books and records of an insolvent company so as to examine what rights the company may have against parties involved, for the benefit of creditors. That investigation began on their appointment, and to date they have concluded initial interviews with each of the directors and have been provided with access to the records of the law f irm representing GBL and the auditors for the company. Access to the files of GBL and the books and records held by their directors continue to be provided to the JPLs as well. The JPLs are undertaking several actions on the behalf of the company in the best interests of the creditors as a whole. Firstly, they are assessing the affairs of the company and are reviewing the stat ements, bank records, emails and corporate doc uments to determine what steps were taken inside the company and where funds have been spent. Once they have completed this exercise, they will be in a position to determine if any party associated with the insolvent company bears any liability and/or respons ibility for the massive losses visited on the people of Bermuda. Secondly, Mr. Speaker, they are engaged in a construction review process to determine what the statuses of the various buildings are and what work needs to be [conducted] in the very near term to mai ntain the best value in the company’s assets. The r eview includes an asses sment of what it would cost to complete the project as currently designed, and what in the current market its best use might be. Finally, Mr. Speaker, they will engage in a process to sell the company’s assets so as to raise funds to satisfy creditor clai ms. This part of the pr ocess is at an early stage and will be determined over the next few months while the aforementioned steps are underway. As the largest creditor and the only secured creditor in the process, the Bermuda Gov-ernment is well placed to be paid the proceeds of any sale or to receive the assets as partial payment of funds owed. Mr. Speaker, I am certain that Honourable Members will be united in supporting the efforts of the JPLs to bring clarity to this project and holding ac-countable all w ho are deemed responsible for the losses the people of Bermuda have suffered. The Government of Bermuda and the JPLs, respectively, have each commenced further windingup proceedings against two companies: Commodore Limited, owned by Caroline Bay Limited; and Caroline Bay Marina Limited, owned by George’s Bay Limited. Both companies failed to pay creditors’ outstanding debts when they became due and are part of the wi der Caroline Bay group. A complex series of legal pr oceedings has been commenced by the JP Ls seeking to determine why the Caroline Bay project collapsed and who was responsible for the project’s failing. Mr. Speaker, while much of the activity at pr esent is in the hands of the JPLs, the Bermuda Gov-ernment is concurrently preparing to assume respon-sibility for the assets should they be used in partial satisfaction of the outstanding claims owed to the people of Bermuda. Our advisors will have access to the reports on best use and cost to complete, and on the basis of a detailed analysis we will be able to determine the best way to get value out of the project. Mr. Speaker, Honourable Members should be aware that we are also open to working with qualified professional developers in finding a way forward that mutually benefits the people of Bermuda. We are i ntentionally setting a high bar, however, for any potential partnership. Partners will have to demonstrate a history of successful work on projects of the size and scope represented by Caroline Bay and will have to have capital they can commit t o the project in the form of actual cash equity alongside the Bermuda Gover nment. We will also insist that they have the highest integrity, all of which must be the case before they can be even considered. Mr. Speaker, as I have said previously, the land at Caroline Bay continues to represent an i mportant opportunity for Bermuda. The economics of the development must be recast and devised with a realistic view of the world economy. This opportunity is too important to squander. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Transport. Minister Tyrrell. Hon. Neville S. Tyrrell: Thank you, Mr. Speaker. Good morning, Mr. Speaker. Good morning.
The SpeakerThe SpeakerGood morning. Continue. Yes. Bermuda House of Assembly Hon. Neville S. Tyrrell: Thank you, Mr. Speaker. Thank you. Good morning, colleagues, and good morning, Bermuda. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerYes, we hear you. AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES Hon. Neville S. Tyrrell: Thank you. Mr. Speaker, t oday I am bringing to the attention of the House the impact on the people of Bermuda of the project agreement for the L. F Wade I nternational Airport redevelopment scheme …
Yes, we hear you.
AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES Hon. Neville S. Tyrrell: Thank you. Mr. Speaker, t oday I am bringing to the attention of the House the impact on the people of Bermuda of the project agreement for the L. F Wade I nternational Airport redevelopment scheme in this time of the coronavirus pandemic. Mr. Speaker, the House will recall that at the last election this Government pledged to review that project agreement to see if Bermuda could get a better deal. As we st ated categorically at the time, the review was necessary because of the lack of trans-parency, the lack of consultation on the airport redevelopment project by the previous Government, the lack of competitive procurement and real concerns regarding the transfer off -Island of revenues from the airport. Mr. Speaker, as many will now know, the r eview uncovered some unwelcome facts, not least of which concerns the revenue structure of the deal. In addition to the Government no longer sharing in the revenues ge nerated by the airport, the project agreement enshrines an obligation on the Government of Bermuda to provide support to the Bermuda Skyport Corporation Limited (Skyport) in certain circumstances. Mr. Speaker, to fully understand the situation we find ourselves in, it is important to know the project agreement provides for Skyport to receive a guaranteed minimum regulated revenue. This minimum rev-enue is backstopped by the Government of Bermuda. The onset of COVID -19 was likely to trigger the limited government support provisions of the project agreement, and earlier this month it did. When regularly scheduled commercial flights were necessarily stopped in March due to the global pandemic, there was an immediate drop in revenue to Skyport. Skyport duly del ivered the required revenue guarantee certif icate to the Airport Authority [within 10] days of the end of the second quarter of the calendar year (1 April to 30 June). Mr. Speaker, to be clear, this is the same guarantee the previous administration assured Mem-bers of this Honourable House would never be needed. The certificate declared the actual regulated rev enue received by Skyport during the second quarter fell short of the guaranteed minimum regulated revenue for the quarter, as set out in the project agreement. As a result, the Airport Authority is obliged to transfer funds to cover the shortfall. This means the Bermuda Airport Authority must transfer $5,770,995.54—I will repeat that, Mr. Speaker, $5,770,995.54—to the guaranteed revenue reserve account , which is managed by Skyport at a bank in New York [the Bank of New York Mellon]. And that was done this week. However, in doing so, the Government has had to authorise an additional grant to the Airport A uthority to enable it to meet its obligation. Mak e no mi stake; this hurts. Bermuda’s economy has taken a si gnificant hit as a result of the coronavirus. There are many people unemployed or underemployed. Bus inesses are unable to generate sufficient revenue to cover their costs. There are limited air leis ure visitors and no cruise ship calls at all . Mr. Speaker, while Skyport is made whole by the addition of this $5.7 million, Bermuda has citizens who are being made destitute at this time. This Government has pledged that no person will go hungry. And ins tead of caring for our local community, which is in desperate need, the Government is having to put money towards an airport redevelopment project we were assured was structured in a way that transferred the development risks away from the people of Bermuda, ensuring the redevelopment was financed through airport revenues. However, as it turns out, if the revenues are not coming in, then restitution lies with the Bermuda Government. Mr. Speaker, although commercial flights r esumed at the beginning of July , it will take some time to build up to the air arrival numbers we enjoyed pr eviously. Therefore, the Government assumes it will be forced to provide the Airport Authority with additional supplementary funds at quarterly intervals this year. And, yes, this will impact the support and services we are able to deliver to our people. Mr. Speaker, it is hard to avoid thinking about just what could be done for the people of Bermuda if we were to inject $5.7 million elsewhere. For that sum of money, Mr. Speaker, we could do one of the follo wing: • start much- needed capital upgrades at the National Sports Centr e; • enhance food security, providing sites for new types of farming, such as vertical farming, a quaculture and mariculture; or • respond positively to the needs of charities , especially those providing for families in hardship as a result of COVID -19. Some may ask, Well, why don’t you just terminate the agreement? Mr. Speaker, first of all, as we have indicated in the past, the project agreement is not easily ter minated and the negative consequences of doing so, although legally possible, would have s evere ramifications for Bermuda’s reputation to the extent that it would be irresponsible to pursue it at this time. Others may say, Well, just change the agreement . The review of the project agreement carried out in late 2017 highlighted the fact that there is no ability to change any of the provisions in the agreement. The only way to make substantive changes to its terms 4554 24 July 2020 Official Hansard Report
Bermuda House of Assembly and conditions is to terminate it. And again, this would have harsh consequences. Mr. Speaker, this Government remains deeply dismayed with the failings of the previous administr ation to protect Bermuda’s interests in the framing of the project agreement, and particularly troubled by the revenue st ructure of the deal. However, as we have stated before, we are a responsible Government and we will ensure the Bermuda Airport Authority is able to honour its contractual obligations. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Sta tement this morning is in the name of the Minister of Works. Minister of Works, would you like to present your Statement?
The SpeakerThe SpeakerGood morning. Proceed. WATER AND WASTEWATER MAS TER PLAN IMPLEMENTATION
Lt. Col. Hon. David A. BurchMr. Speaker, outlined in the Government’s platform of 2017 were a number of commitments made that were designed to enhance the lives of our citizens. Specific to the Ministry of Public Works, the Gover nment committed to reviewing the current system for handling water and wastewater , and to work …
Mr. Speaker, outlined in the Government’s platform of 2017 were a number of commitments made that were designed to enhance the lives of our citizens. Specific to the Ministry of Public Works, the Gover nment committed to reviewing the current system for handling water and wastewater , and to work with the private sector to facilitate sy stems which would pr operly treat sewage waste across the Island, which also includes the two municipalities. To that end, I wish to provide an update on the status of the Water and Wastewater Master Plan implementation. Mr. Speaker, the Cabinet authorised the establishment of a working steering committee under the responsibility of the Ministry of Public Works, with the objective of implementing the recommendations of the strategy for sustainable water and wastewater servi cing for the St. George Water and Wastewater Master Plan. The Cabinet further authorised the expansion of that plan to include the installation of an infrastructure corridor and the vetting of a waste and water recovery utility, which would incorporate the Tynes Bay Wasteto-Energy facility as a source of green energy. Mr. Speaker, the working steering committee, in collaboration with Bermuda Land Development Company [BLDC] initiated a project that would provide potable water, sanitary sewer and reclaimed water infrastructure to the areas of Southside, the Is lands of St. David’s and St. George’s, which includes the new St. Regis Hotel. It is envisioned that this project will serve as the template for an Island- wide water and wastewater master plan, with the aforementioned b eing Phase one. Mr. Speaker, Phase I has a very aggressive timeline with requirements for all works, including the potable water, sanitary sewer and reclaimed water connections to be undertaken at the St. Regis Hotel site by December 31 st, 2020. To assist in delivering on the project requirements, the BLDC has retained the services of Milhouse Engineering & Construction of Chicago to provide programme management and some engineering services. The BLDC has also r etained Onsite Engineering of Bermuda to provide e ngineering support services. Milhouse began providing services on the pr oject in mid -February of this year and has developed an overall Phase I project execution plan that has es-tablished seven separate work packages based on geographic area and specialty scope of work. Mr. Speaker, the establishment of the seven separate work packages also facilitates concurrent design of each of the packages and, after tendering, award concurrent construction of each of those packages. For the construction phase, it is anticipated that four to seven local contractors will be performing works si multaneously. The logic incorporated into the overall Phase I Master Schedule is driven by the requirement for final connection of potable water, sanitary sewer and reclaimed water for commissioning at the St. Regis Hotel by December 31 st, as I stated earlier. Mr. Speaker, one of the critical components of the project is the fusion welding of the high- density polyethylene (or HDPE) piping that is required to connect piping segments and fittings. The project specif ications will require that this fusion welding be performed by contractor employees who have been trained and/or certified in fusion welding. In an effort to address this need, the programme management team is working on a plan to train and vet local persons in fusion welding, who could then participate in the works. The scheme also plans to bring a training firm to the Island as soon as possible to provide manufacturer training and certification to Bermudians. Mr. Speaker, oversight of construction works will also be a critical component of quality assurance/quality control [QA/QC] of the programme. Milhouse recommends the engagement of a special-ised site supervisor (more than likely from overseas) who will lead a team of field inspectors to oversee the works in the field by ensuring these works are being performed in accordance to the plan and specific ations. The field inspectors will be Bermudians. Mr. Speaker, multiple stakeholder coordination meetings have already occurred with the Depar tments of Plann ing, Environment and Natural R esources, Public Lands and Buildings, and Works and Engineering. During these meetings, the seven work packages were presented in turn; the departments provided valuable input and guidance on the process and submittal for securing the necessary approvals, permits and agreements. Communication and coord ination with these stakeholders is ongoing. Mr. SpeakBermuda House of Assembly er, there have also been stakeholder meetings with the Corporation of St. George’s, St. George’s Club management and Hotelco ( the St. Regis Hotel Developer). One of the most critical phases of the project will be the tender and negotiation, and tender award phases. As previously mentioned, the project exec ution plan includes a plan for construction to be performed concurrently o n seven separate work packages. The tendering and negotiation, and tendering award on all seven of the work packages is planned to occur by mid- August. The seven separate tender packages are as follows: Tender Package 1— Piping infrastructure to Stokes Poi nt Water Crossing. Tender Package 2—Piping infrastructure and lift station. 2A —Stokes Point to Echo Lane; 2B —Echo Lane to Tiger Bay Lift Station; 2C —Rose Hill to St. Regis and Market Square; 2D —Tiger Bay Intersection to St. Regis; 2E —St. Regis Hotel Prope rty; 2F —St. George's Lift Station Upgrades. Tender Package 3—Stormwater, sanitary sewer separation. Southside Area: 3A East; 3B Ce ntral; and 3C (Gravity) West. Mr. Speaker, Tender Package 4—Southside Wastewater Treatment [Facility] Plant [WWTP] up-grades. Tender Package 5—Potable Water Reservoir transfer. Network: 5A East; 5B West; Potable and R eclaimed Water Reservoir Transfer Network Pumps and Controls. This package will involve the interco nnection of six existing potable water reservoirs across the Southside property. Existing pumping stations will be utilised where appropriate. New pumping stations will be designed and constructed where necessary. These pumping stations will provide distribution to the local customer zone, as well as allow water to be transferred back into the network to fill other reservoirs. Tender Package 6 —Reclaimed water force main to Reservoir 6. This package includes the tie- in of the treated Wastewater Treatment Plant effluent (reclaimed water) with the non- potable (flushing) s ystems in the Town of St. George’s. This will involve converting Reservoir 6 from potable water to effluent. Tender Package 7—Telemetry. The telemetry project will include standalone primary flow, level and pressure sensing instruments, as well as interfaces to lift and pump station programmable logic controllers, all communicating by way of fibre or wireless data transmission to a host system. Contingency plan for St. Regis Hotel wastewater treatment. One of the primary goals of the Phase I program is to provide potable water, sanitary sewer and effluent water to the St. Regis Hotel by D ecember 31 st. The risks in delivering these products by the required date were evaluated, and it was determined that potential delays with the installation of the piping c ould have an adverse impact on the sanitary sewer force main connection to the St. Regis Hotel. To address this risk, contingency plans have been and continue to be further developed to ensure that wastewater disposal capabilities are in place and fully functional at the St. Regis Hotel by December 31st of this year. Mr. Speaker, the project budget amount for these seven packages is $5 million. A financial feas ibility report for Phase I as been completed and deli vered to BLDC and is being used to raise cap ital for the construction phase of the project. Both local and i nternational financing entities are being considered. Mr. Speaker, there are also legislative amendments r equired to establish BLDC with the protections typically afforded a utility, as well a s the ring- fencing of oper ations associated with this project until such time as a utility is created and operations transferred to the aforementioned utility. In addition to the aforementioned Phase I work, Phases II and III of the overall Island- wide pr oject are also in progress. Mr. Speaker, the Tynes Bay Waste -to-Energy facility and the Corporation of Hami lton form an intricate part of the overall plan. It is env isioned that the Tynes Bay site would incorporate a new sewage treatment plant that would r eceive the sewage waste from the Corporation of Hamilton and the Corporation of St. George’s, both of which are currently pumping sewage waste into our pristine marine environment —a practice that must stop in Bermuda as a First World nation. Not only that , but as an island that depends on rainwater for the majority of its freshwater supply and as we enter a new era of global warming, we should change our perception of sewage from that of a waste product to rather a renewable resource that should be recover ed, but that we are now simply throwing away. Mr. Speaker, to that end the new sewage treatment plant would process sewage into nonpotable water that can be used for irrigation, flushing or any other non- potable use, that will offset the use of more expensive freshwater, as it is today. Furthermore, it is envisioned that this new sewage plant will be powered by the existing Tynes Bay Waste- toEnergy facility, which would in turn utilise the resulting sludge from the sewage treatment plant as a fuel source. Power from Tynes Bay would then be used to produce increased amounts of potable water via the already existing Sea Water Reverse Osmosis plant and non- potable water from the sewage plant, which would then in turn be sold as revenue streams for the new ut ility. Mr. Speaker, in essence, the Tynes Bay facil ity would cease to be simply a waste- to-energy plant and become a fully integrated waste and water reco very utility that would produce freshwater from the garbage and sewage. It is our hope that such a novel concept would not only be beneficial to the revitalis ation and longevity of the Island’s waste and water i n4556 24 July 2020 Official Hansard Report
Bermuda House of Assembly frastructure, but would be attractive to outside investors looking for green and blue initiatives that protect the environment while producing a positive return for their investments. In this regard, we are soon to be awarding contracts for feasibility studies to proof -test the business viability of the concept, as well as determine the regulatory framework required so that pote ntial investors, eve n local and private ones, can visualise the future potential of the initiative and capitalise on what is hoped to be a long- term growth- potential entity that will serve Bermuda’s sustainably into the future. We recognise that this is a huge undertaking that will take several years to complete, but we believe that it sets us on a path of environmentally ad-dressing wastewater needs and provides both munic ipalities the opportunity to address once and for all the better alternative to dealing with their sewage waste than dumping it into the ocean. We have all agreed to work collaboratively together to bring this to fruition. Of course, Mr. Speaker, what is most i mportant at this stage is to create new employment and generate economic activity in the country to help our economy recover. Against that backdrop, Mr. Speaker, I will commit to keeping this Honourable House and the people of Bermuda informed as we progress through the various phases. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. I believe the next Statement is also yours. Would you like to proceed with that one?
The SpeakerThe SpeakerContinue on. OTTIWELL SIMMONS ARBITRATION CENTRE — THIRD UPDATE
Lt. Col. Hon. David A. BurchMr. Speaker, I am pleased to bring my third report on the state of plans for the Ottiwell A. Simmons International Arbitration Centre . Mr. Speaker, to remind [Honourabl e Members], in 2017 the Bermuda Business Development Agency [BBDA] originally proposed that the vacant property be converted into an international …
Mr. Speaker, I am pleased to bring my third report on the state of plans for the Ottiwell A. Simmons International Arbitration Centre . Mr. Speaker, to remind [Honourabl e Members], in 2017 the Bermuda Business Development Agency [BBDA] originally proposed that the vacant property be converted into an international arbitration centre. And in the 2018 Speech from the Throne it was announced that this would be the direction of the Government and that the building would be renamed the Ottiwell A. Simmons International Arbitration Ce ntre in honour of this most distinguished Bermudian. Mr. Speaker, although this facility is intended to serve as an international arbitration cent re that brings with it the exposure and income for Bermuda on the macro level, the Government’s policy is that it must also serve as a mediation centre for residents who may have minor disputes that, if handled here, could result in a reduction in the number of cases heard by the courts or submitted to the Office of the Ombudsman. Upon investigation, it was discovered by our engineers that both the Allenhurst and the adjoining Valerie T. Scott buildings needed to be demolished. Mr. Speaker, in March this y ear, demolition of the V alerie T. Scott building was completed, with the demol ition works of the Allenhurst building getting underway shortly thereafter, only to be delayed several months as a result of the COVID -19 virus. Once the shelter in place was lif ted, the works recommenced and both sites are now cleared and ready for new construction. In my February 14 th report to the House, I i ndicated that discussions were fairly well advanced towards developing a public –private partnership to build the centre, and once there is an agreement I would report further to this House. Mr. Speaker, in September last year, Berm udian attorney Mr. Kevin Bean introduced the Ministry to Milhouse Engineering & Construction, Inc., a pr ofessional full -service engineering and architecture firm located in downtown Chicago, with several locations within the continental US and internationally. Mr. Bean, who now serves as General Counsel for Milhouse, spoke of their extensive experience in engineering, construction, and developing water and sewage systems around the world. He felt that Bermuda could benefit from their expertise. Shortly thereafter, the Chairman and CEO of Milhouse, Mr. Wilbur Milhouse III, along with Senior Vice President, Mr. Frank Martin, visited Bermuda for init ial introductions and discussions. Several meetings were held with our engineers and the executive management of the three quangos that fall under the Ministry. Mr. Speaker, in December 2019, I, along with the Permanent Secretary Randy Rochester, and Pri ncipal Water and Sewage Engineer Tarik Christopher, paid a visit to the Milhouse Headquarters in Chicago to discuss the master water and sewage plan for the country. And during these talks, it became evident that Milhouse, with its extremely diverse team of international engineers, architects, designers, planners and project managers, could not only provide advice on the water and sewage plan, but other capital projects. One such project was the development of the Ottiwell A. Simmons Arbitration Centre, whi ch Milhouse proposed as a public –private partnership at no cost to the Government. A memorandum of under-standing [MOU] was entered into by Milhouse and the Ministry, which delineated the responsibilities of each during this initiative to ensure its ultimat e success. Mr. Speaker, as part of the MOU, the Ministry introduced Milhouse to the team at the Bermuda Business D evelopment Agency, who in turn shared their research on arbitration centres globally. A local architect was engaged, and plans for the building were prepared based on the research of both parties. The result was a set of plans for a five- story building, photographs of which were tabled earlier in
Bermuda House of Assembly this session, which includes meeting rooms; office space, retail space on the first floor, in accor dance with the city plan; a cafeteria; elevators; underground parking with private access for those wishing to r emain discreet; to entertainment space on the balcony for casual negotiations or receptions. Mr. Speaker, the details of the financing of this project are at the final hurdle. The Term Sheet is still being reviewed by the Ministry of Finance, and as soon as we get the green light the financing specifics of the project will likewise be shared. We anticipate an early response that will lead to cons truction beginning in December this year and delivery of a complete building 15 months later in March 2022. Mr. Speaker, the principals of Milhouse are expected on Island next week for an official groundbreaking in the presence of Mr. Ottiwell Si mmons and others involved in the project thus far. Mr. Speaker, this will be a world- class facility with the potential to put Bermuda on the map, as well as to encourage local lawyers to go into the arbitration field. And, of course, it cannot be lost on anyone tha t this too will also provide jobs and economic stimulus in the country when it is most needed. Mr. Speaker, I am greatly excited by this project, as it is what Public Works should be doing —knocking down old buildings and building anew. I am convinced that Milhouse are the perfect team to build a relationship with to our m utual benefit. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister, I believe you have a further Statement. Would you like to do that one?
The SpeakerThe SpeakerAll right, Minister. Continue. ARABLE LAND AND COMMUNITY GARDENS UPDATE
Lt. Col. Hon. David A. BurchMr. Speaker, in the Government’s 2017 platform, we outlined the following in relation to arable land and community gardens , and I quote, firstly to “lease the many acres of government arable land that are currently not being used in order to boost domestic food production. The incentive is to …
Mr. Speaker, in the Government’s 2017 platform, we outlined the following in relation to arable land and community gardens , and I quote, firstly to “lease the many acres of government arable land that are currently not being used in order to boost domestic food production. The incentive is to modernise the equipment used to boost productivity and make the domestic industry more profitable”; and to “promote and develop community gardens that can assist in meeting the needs of the less fortunate in our communi ty.” Mr. Speaker, the Government owns 38 plots of arable/farmland across the Island. I am pleased to report that 32 of these plots are currently leased. Three are in legal disputes over ownership, two are presently out to tender and the final plot will shortly be put out to tender. Mr. Speaker, this Government has demonstrated its commitment to farming by both formalising lease renewals and providing longer leases so that farmers have security of tenure and thus the ability to gain loans for equipment, mac hinery and improv ements. As an example, the lease for Westover Farm was renewed in May last year for 21 years. I think that is a clear demonstration of our commitment. Turning now to community gardens, Mr. Speaker, everyone will be familiar with the longest established and most well -known Crow Lane Community Garden. This garden was established in 1984 and continues to flourish to this day. This is a perfect example of a project that leads to a wider community collaboration well beyond gardening. Mr. Speak er, the garden has been led by Dr. Gloria and Mr. Rawle Frederick from the very begi nning in 1984, an incredible 36- year journey that clearly demonstrates their passion. And they have not been selfish with sharing that knowledge with all those who have sought their advice. I spoke with Mr. Frederick this week to pick his brain, something I do on a regular basis, and was delighted to learn that a rest home was bringing some of their seniors to tour the garden. They welcome groups all the time. I would like t o publicly thank the Fredericks for their many years of commitment and dedication to this magnificent pr oject. Mr. Speaker, Government is fully committed to doing its part to aid in boosting the growth of the agriculture industry. The plan is to establish a community garden in every parish. We aim to ensure the public is aware of future sites which will soon be available so they can become involved. Various plots will be open and available to the general public, and very little experience is required to become involved. All that is needed is a love for your community and a desire to feed our own. It is clear that each garden must have a leader, ideally from the neighbourhood, who is passionate about gardening, who will be the driving force to making it a success. Mr. Speaker, before the pandemic, we esta blished a community garden at Gibbs Hill Lighthouse Park, and this has proven to be very successful and well received by the Southampton community. It has now been named Serenity Garden and is managed by the husband and wife team of Dave and Jocille Blakeney. They have been unrelenting in pushing for this to happen and have been instrumental with team-ing up with various government departments to push the plan forward. I would specifically like to thank Jameka Smith (Acting Park Planner) and Stephen Furbert (Senior Superintendent) for all their assistance in getting the garden started. Mr. Speaker, there are a number of new sites on the horizon. Currently there are two sites competing to come online next: Avoc ado Lodge Park (at the top of Corkscrew Hill), which is currently being cleared of brush and evasive trees; and the T. N. Tatem 4558 24 July 2020 Official Hansard Report
Bermuda House of Assembly Community Partners Garden, which has been cleared and prepared for mapping -out of the plots. Tatem is being led by boxer Nikki B ascome with assistance from the Blakeneys. There is also support from the other community partners at Tatem, as well as several neighbours from Stadium Lane who have put in their requests already for plots. There are three other sites on the horizon— Southlands East, a plot at Tudor Farm and St. David’s Community Garden at Lord’s. So if there are interes ted persons willing to lead any of these sites, please come forward and volunteer so they can become operative in short order. As I stated earlier, these ty pes of projects must be led by persons who have a pas-sion for gardening. Please contact Jameka Smith, Ac ting Park Planner at the Department of Parks, to ex-press your interest. Mr. Speaker, separately, it should be noted that not much land is required to c reate your own backyard garden. We know this to be so from the number of requests we have had for mulch from Marsh Folly, so much so that over the last few weeks we have been delivering truckloads of mulch to both Serenity and Tatem, as well as to several community areas. [The mulch is] available for collection from various neighbourhood sites such as Purvis Primary, Government Gate, Devonshire Community Garden and Death Valley Field. We are available to deliver to other parts of the Island in support of w hat we are calling the COVID Home Gardens. Members of the public can simply speak to their Member of Parliament, and he or she will make the necessary arrangements for a community drop location in your neighbourhood. Anyone can help themselves to the mulch if they so choose. They can also collect it from Marsh Folly 24 hours a day, and it is free. Follow the signs. It is literally at the e ntrance to Marsh Folly. Mr. Speaker, I have asked the Director of Parks to incorporate within the registry of community gardens a process whereby we can record production output, which we can share with the community, as well as generate data for our own records. I would also like to invite those private landowners who have an unused plot of land which is suitable for a co mmunity garden to consider creating one. Again, the D epartment of Parks will be more than willing to lend a hand in getting it organised. Mr. Speaker, I live near Lighthouse Hill and have seen that project develop from an overgrown weed- infested piece of land to the spectacular garden it is today, as well as the community benefit of neigh-bours interacting and working positively together. I again wish to thank the Blakeneys for being the dri ving force behind making it a reality. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to an end of your Statements this morning, Minister. The next Statement on the Order Paper act ually has been withdrawn. And I move on to the Statement by the Mini ster of Health. Minister of Health, would yo u like to present your …
The SpeakerThe SpeakerGood morning. COVID -19 UPDATE Hon. Kim N. Wilson: Mr. Speaker and Honourable Members, in early February 2020, prior to COVID -19 becoming a pandemic, the whole world recognised that, in order to prepare for the very likely pandemic, personal protective equipment (or PPE) supplies, tes ting regimes, and other …
Good morning.
COVID -19 UPDATE Hon. Kim N. Wilson: Mr. Speaker and Honourable Members, in early February 2020, prior to COVID -19 becoming a pandemic, the whole world recognised that, in order to prepare for the very likely pandemic, personal protective equipment (or PPE) supplies, tes ting regimes, and other preparations were required to fight the inevitable. Amongst the many preparations required, the Minis try began to procure and source PPE, determine what local testing capacity was on Island and determine all other aspects required to prepare for the ongoing pandemic. The total cost of the Health Ministry’s fight against COVID -19 as of the 17th of July 2020 is approximately $5.9 million. Mr. Speaker, you would be aware that many countries struggled tremendously in March and April, specifically with PPE sou rcing and testing capabilities. However, Bermuda did not encounter significant onIsland challenges as it relates to PPE supplies and testing due to proactive procurement and preparedness by the Ministry of Health. The Government of Bermuda anticipated the fast-approaching need for testing materials and PPE, whilst the Ministry of Health team [scoured] the globe, determined that our small country’s inventory of these vital weapons against this virus would rival those held by far larger countries. I speak mainly of these two items specifical-ly as they are two of the core ammunition needed in the fight against COVID -19 and are approximately $5.3 million, or 90 per cent, of the total costs. In February an aggressive search began to identify on- Island testing c apabilities to minimise the waiting time for results and to increase testing capac ity. Mr. Speaker, at that time the Caribbean Public Health Agency (CARPHA), which is located in Trinidad, was engaged by Bermuda to complete testing, but was limited to 20 tests per week and the results were received in approximately five working days. The Ministry, therefore, engaged Helix Genetic and Scientific Solutions to provide on -Island testing, which pr oduced results within 24 to 48 hours, and this was a tremendous feat for Bermuda. The ability to test loca lly provided a significant drop in the wait time for r esults. The local testing gave the ability to do signif icantly more tests and test on a daily basis with the most tests in a day being 190 at that time.
Bermuda House of Assembly Pan Ameri can Health Organization (or P AHO), which is a branch agent under the World Health Organization [WHO], gave Bermuda kudos for the ability to get testing, validation and quality -control checks in place in record time. And upon their review of the process, they gave the blessings for the Helix lab to be one of the few approved COVID -19 testing labs in the region at that time. Mr. Speaker, through the efforts of our Bermudian scientist Dr. Desiree Spriggs and her team, combined with their commi tment to a level of testing standards not previously seen on our shores, we were amongst the first of the Caribbean countries to receive this accolade. Helix was able to implement the equivalent levels of measures for COVID -19 testing as CARPHA. Dr. D esiree Spriggs and her team were significantly instr umental in ensuring Bermuda’s testing regime was up and running in record time and Bermuda could combat against the virus. And we are all ever so thankful to Dr. Spriggs and her team. However, since which, the access to testi ng has become more available and more cost -effective, and therefore the Helix contract was terminated with the 45 days’ notice clause, giving the last day of the service on the 14 th of June 2020. The total cost for the Helix contract is $481,809. Mr. Spe aker, additionally, the Ministry purchased a polymerase chain reaction (PCR) machine to increase the testing capacity. The machine cost $154,000 and is currently in use at the Molecular D iagnostics Laboratory (MDL). MDL, managed by yet another Bermudian sc ientist, Dr. Carika Weldon, is currently doing testing at exponential volumes and at present averaging 500 tests per day. Dr Weldon has taken the baton in the COVID -19 race and is ensuring we are a step ahead by providing testing results within hours of the collection. Dr. Weldon has provided the country a continuum of services that Bermuda will benefit from for many years to come. And again, we are ever so grateful to her and her team. Testing sup-plies such as swabs, collection kits, tubes, pipettes, reage nts, collection bags and viral media have been purchased by the Ministry for approximately $386,000. Mr. Speaker, without a doubt, early access to testing gave Bermuda the head start it needed to counteract the pandemic and hence one of the fundamental r easons why we are currently doing well in the fight against COVID -19. Mr. Speaker, understanding the immediate and urgent need for PPE that the whole world was facing in early March, the Ministry partnered with BHB [Bermuda Hospitals Board] to procure supplies, as BHB maintains a robust procurement system with eff iciencies that currently do not exist within government. Some of those efficiencies include a wide network of overseas vendors; a controlled payment system which provides a quicker turnaround for payments; an experienced commercial director, who manages health and medical procurement at large levels; and an inventory model for large quantities of health and medical su pplies. The partnership with BHB reduced the risk of the Ministry encountering what many other countries encountered, such as tendering with fake vendors and the inability to urgently pay for supplies. Mr. Speaker, in early March it was clear that the entire country did not have sufficient PPE in pre paration for the longevity and magnitude of the oncom-ing pandemic. The main sectors that required PPE were as follows: • the Bermuda Hospitals Board; • the care homes; • the Ministry of Health front -line workers ; • the essential services such as p olice, the Regiment, Customs, et cetera; • government employees requiring PPE; • community physicians; and • the public, as in early March cloth mask s had not been introduced as a sufficient form of mask . Therefore, at that time, medical mask s were being considered for the public as well. Supplies were purchased on the basis of ensuring Bermuda was cared for as a whole, and pr ocurement proceeded in that principle. Small to large orders were made locally and overseas to prevent Bermuda from having a PPE shortage similar to the United States, which had devastating consequences. Procuring is a simple task, but the logistics of getting large orders to Bermuda was a colossal task due to, to name a few, Mr. Speaker, the many closures of borders around the world, ad hoc regulations being implemented in many countries, th e lack of cargo space on the limited cargo vessels, long lead times in production of supplies due to shortages and severe price gouging. Some specific examples of the challenges were when President Trump declared that there would be no exporting of PPE pr oducts from the US to any other country. This prohibition was not only a major setback on available options, but there were instances when countries’ supplies were in transit via the US; their goods were allegedly seized. In fact, a container belonging to Bermuda with supplies was detained in the United States, and it took many hands on deck to assist to get it released. Another example was when a large order of masks was due to be delivered by FedEx, and the Chinese authorities added more PPE regulations, which delayed the masks from being shipped. Ho wever, it was navigated expeditiously, and we received the masks timely. Many hours of work went into mit igating these various impediments, which resulted in Bermuda having PPE in time to alleviate what could have been a travesty for our country. Mr. Speaker, the Ministry created a small team to work through the logistics of getting the orders of PPE to Bermuda, which included the Commercial Director at BHB, BHB staff, Ministry Headquarters staff and associat es in China. Some of the large or4560 24 July 2020 Official Hansard Report
Bermuda House of Assembly ders included [610,000] surgical masks, 500,000 N95 masks, 30,000 face shields, 100,000 swabs, 500,000 pairs of gloves, 5,000 digital thermometers and 480 infrared thermometers. Other significant supplies were purchased from some of our local vendors, which i ncluded, but were not limited to, hand sanitisers and PREempt wipes. Mr. Speaker, the country has benefited tr emendously by the proactive procurement of the PPEs, which are fundamental tools in fighting COVID -19. All sectors such as BHB, the care homes, police, Customs, the Regiment, Ministry of Health front -line wor kers, et cetera, continue to source from the PPE supply stored at the government warehouse. Additionally, with the reopening of government at full capacity, the PPE supplies are ordered daily and the burn rate has increased due to the need by some government em-ployees when in particular work environments. Due to proactive procuring, Bermuda is now well placed with the basic PPE supplies for a period of approx imately 10 to 12 months. This period includes an anticipated second wave later in the calendar year. However, we all must be aware that most supplies are disposable and can rapidly deplete. Additionally, the supply par levels are subject to change due to poss ible outbreaks or unexpected changes in the COVID - 19 pandemic. The estimated cost for PPE is currently $4.3 million. Mr. Speaker, other costs related to the COVID -19 fight include the cost for service providers to swab and administer the testing sites , the call ce ntre management, the maintaining of the government warehouse for supplies and the staff required to meet the public health safety requirements and demands. Mr. Speaker, I have discussed PPE, testing and other material components of fighting COVID -19, but I have saved the best for last. We can have all the PPE, tests, equipment, laws and policies as tools to fight the pandemic, but they can only have value if we have the right people to manage the tools. Mr. Speaker, I cannot express enough grat itude to all of the essential workers who have worked tirelessly and selflessly for their country. They are the backbone to this fight and have not wavered once, even at our lowest point. Many have worked through this crisis while sacrificing time with their families and loved ones to save others. Our essential workers must be saluted to the highest degree and be recognised for being the soldiers that they are. Mr. Speaker, when COVID -19 brought the world to its knees, our essential workers stood up o n their feet and fought a good fight like true champions. And I consider them Bermuda’s heroes. I have, and I know I speak for the entire country, tremendous grat itude to those people who serve as our essential workers and put the community first, and I would like to say a wholehearted thank you, thank you and thank you for all that you have done and continue to do to keep our Island of Bermuda safe! In closing, Mr. Speaker, as the Minister of Health, I stand here today to express the magnitude of my appreciation and eternal gratitude to the team at the Ministry of Health. I was truly blessed to have a team worthy of the challenges thrown before them. Mr. Speaker, these women and men have risen above anything that could be reasonably asked. They have given up nights with their families, weekends with friends and many, many hours of sleep. Mr. Speaker, we would not be here today looking to rebuild our tourism product, turn around our economy or enjoy restaurant dining, boating or even grocery shopping on a da ily basis if not for their efforts. Mr. Speaker, leaders usually have the opportunity to carefully select their team. I am fortunate enough to have been asked to lead the health team. Mr. Speaker, I can say unequivocally the team I was blessed with has s urpassed everything and anything any general going to war could ask for. Mr. Speaker, countless individuals across Ministries, in the private sector and in our communities have all banded t ogether in the most professional way to ensure we got ahead of this pandemic. I am humbled, Mr. Speaker, by what I have witnessed these many, many, many months, particularly from the staff of the Ministry of Health. As we constantly say at the Ministry, the fight against COVID -19 is a marathon, not a sprint. And we have been running this marathon since late January. The level of dedication and professionalism which I have witnessed has no bounds. The Ministry of Health staff members continuing to work from their hospital beds, curtailing valuable family time to return to the office late at night, ignoring medical orders to take time off, forgoing their time of quiet worship to return on a Sunday morning after having only left a few short hours prior. Mr. Speaker, in closing, I am proud to be the Minister of Health and pr oud of all we have accomplished under the most trying of times and in the most uncharted of waters. My appreciation, respect and gratitude goes to everyone at the Ministry of Health, and my gratitude knows no limits. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Education. Minister, before I acknowledge you, I am going to acknowledge the fact that you will be requiring the House to allow you to adjust something that was done earlier. This morning when your …
Thank you, Minister. The next Statement this morning is in the name of the Minister of Education. Minister, before I acknowledge you, I am going to acknowledge the fact that you will be requiring the House to allow you to adjust something that was done earlier. This morning when your paper was to be introduced, the Premier introduced it because I understand you were late because you were trying to make an amendment to what was there. And we were not aware of the amendment, and the Premier went ahead and introduced it. After the Statements are all completed by all Ministers this morning, I will allow you to make the
Bermuda House of Assembly appropriate adjustment to what was done this mor ning. Okay? You can proceed with your Statement now.
[Pause]
The SpeakerThe SpeakerWe do not hear you, Minister. Is your microphone on? [Pause]
The SpeakerThe SpeakerWe can see you, but we cannot hear you. No? Minister, let us move on to the next Minister while you resolve your technical matter. Minister Ming, are you ready to do your Statement? Then we will c ome back to Minister R abain afterwards. Hon. Renee Ming: Yes, Mr. …
The SpeakerThe SpeakerPlease proceed. ROYAL BERMUDA REGIMENT COAST GUARD UPDATE Hon. Renee Ming: Mr. Speaker, I rise today to inform this House about the Coast Guard activities over the past five months, the highlights being their role during the Government’s COVID -19 response where they were protecting Bermuda’s people and interests. Mr. …
Please proceed.
ROYAL BERMUDA REGIMENT COAST GUARD UPDATE Hon. Renee Ming: Mr. Speaker, I rise today to inform this House about the Coast Guard activities over the past five months, the highlights being their role during the Government’s COVID -19 response where they were protecting Bermuda’s people and interests. Mr. Speaker, the Coast Guard was initially launched in February 2020, and since the COVID -19 regulations were introduced, the soldiers of the Coast Guard have been on 24- hour embodiment operations for 119 days. The Coast Guard has been manned by nine soldiers on 24- hour operations working on a rot ation of nine continuous days on duty away from their families, followed by two days’ rest. During this period they have worked alongside two Bermuda Police Service Marine Section officers and two parish const ables, with Sergeant Major Jeffrey Patterson, a 30- year veteran of the Regiment, commanding daily oper ations. Mr. Speaker, I take this opportunity to issue my personal thanks to those soldiers and police offi cers working in the Coast Guar d who have [kept] and continue to keep our waters safe for all of us to enjoy. We are all indebted to their families, as they have shouldered the enormous domestic burden whilst the soldiers in their lives have been away from their homes for so long. Final ly, we give thanks to their employers, who have released these part -time so ldiers from their normal work to serve their country dur-ing such a difficult time. Mr. Speaker, throughout this period these part-time soldiers, in collaboration with their full -time police colleagues, have been living and operating from their depot at the police barracks and club in Dockyard. They have been active on the water for an average of 68 per cent [of every 24- hour period], p atrolling in four -hour cycles across the Island. Their seven vessels have performed over 1,942 hours of engine time during their 543 operations, averaging 4.56 patrols per day. Of the 119 days on operations, there were only three days where no patrols were conducted, due to bad weather. They have recor ded or intercepted 10,112 vessels, averaging 18.62 vessels per patrol. Mr. Speaker, this time on the water has seen this unit provide significant safety and security measures to ensure the safety of our people. In detail, they have issued tickets or assi sted with the following: • [written] 69 summons es for COVID -19 breaches, including raft -ups or curfew offences; • arrested 11 individuals for suspicion of operating a vessel under the influence; • issued 73 tickets for associated marine viol ations, such as no navigation al lights, no safety equipment, 5 knots no wake, 100 m etres from shore offences; • search- and-rescue of a lone kayaker on the night of 14 th June during the thick fog/mist; • nine responded to gang- related activity, performing six arrests; • one arrest for lobster -diving out of season, which was within the statutory one- mile zone and during the “23-hour shelter in place” . The individual was convicted of the offenses the following day; • four-night operations for illegal fishing east of the St. George’s area; • three joint fisheries operations for illegal fis hing within the East and West Hind/Rock f ish grounds; and • collaborated with Marine and Ports in assis ting the public with moorings , as well illegal vessels on public docks. Mr. Speaker, additionally during this period, the Coast Guard has simultaneously dispatched per-sonnel to conduct Community Advisory Points in the East and West End of the Island; conducted winching, formations and communications testing with the Royal Navy’s Royal Fleet Auxiliary ship Argus on her way to patrol the Caribbean. RFA Argus , in collaboration with HMS Medway are the two Royal Navy ships that stand by to assist Bermuda during times of exceptional disaster; continuously performed daily quarantine checks on foreign sailing vessels in St. George’s Harbour; observed and stopped/reported, five times, ind ividuals who have broken the quarantine to RCC [Rescue Coordination Centre] and HM Customs; played an integral part in the arrest of the individual who jumped off of a cliff in order t o evade the BPS [Bermuda P olice Service] Roads Policing Unit; arrested one noncompliant jet ski user for suspicion of operating a vessel under the influence and failing to proceed at a safe 4562 24 July 2020 Official Hansard Report
Bermuda House of Assembly speed; and participated in the ongoing investigation of a fatal jet ski accident. Mr. Speaker, although the Royal Bermuda Regiment Coast Guard is designed to be a legally and operationally integral part Bermuda’s military, their soldiers have been operating under the auspices of the Bermuda Police Service’s Special Constable pr ogramme. This is because the supporting legislation, namely, the Defence (Coast Guard Unit) Amendment Act 2018 has not been brought into effect. The Special Constable programme has allowed the soldiers to enforce health regulations and maritime security laws, using police powers. Mr. Speaker, the Royal Bermuda Regiment were paid $1,495,938 at the start of the financi al year to cover operating costs and hire nine full -time and fourteen part -time Coast Guard personnel. This hiring process was initially stalled by the effects of COVID - 19, but the funding has now been frozen in their budget. They have identified, assessed and shortlis ted nine highly qualified personnel to enlist when the hiring embargo is lifted. Mr. Speaker, the Regiment have requested $1.6 million in capital funds to purchase vessels to replace their aged fleet, which predominately comprises retired vessels formerly from the BPS, some of which are over 30 years old. New vessels would be fit for role to carry out their mandated tasks to 12 naut ical miles. It is the Government’s ultimate ambition over the next 10 years to be able to patrol and secure its entire maritime domain out to the 200 nautical mile EEZ [economic empowerment zone] . . .
The SpeakerThe SpeakerMinister, we seem to be losing you. If you can get closer to your microphone or adjust it. Hon. Renee Ming: I am sorry, Mr. Speaker. [Pause] Hon. Ren ee Ming: Can you hear me now, Mr. Speaker? Is that better?
The SpeakerThe SpeakerYes. It is definitely — Hon. Renee Ming: Mr. Speaker, is that better?
The SpeakerThe SpeakerYes. Hon. Renee Ming: Okay. The initial tranche of nine soldiers must be complemented by seven full- time police officers or officers from other government departments who sup-port maritime laws, such as Marine and Ports, Customs or Environmental Protection. The annual cost of salaries for a Coast Guard fully manned …
Yes.
Hon. Renee Ming: Okay. The initial tranche of nine soldiers must be complemented by seven full- time police officers or officers from other government departments who sup-port maritime laws, such as Marine and Ports, Customs or Environmental Protection. The annual cost of salaries for a Coast Guard fully manned by 16 Royal Bermuda Regiment soldiers is $1.4 million. Mr. Speaker, the Coast Guard has proved its unquestionable worth and resilience over the past four months and is now working through the peak of the boating season. The impending implementation of the Coast Guard Act is an important nex t step for Berm uda’s maritime security and must be in tandem with employing the correct personnel for this vital role. Mr. Speaker, I reiterate my personal thanks to these officers . . .
[Pause]
The SpeakerThe SpeakerMinister, we lost you totally that time. Hon. Renee Ming: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Renee Ming: Do you need me to read the last part again? I am sorry. Because I did not even know you had lost me.
The SpeakerThe SpeakerYes. Please do. Hon. Renee Ming: All right. Okay. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, we heard as far as “The initial tranche . . .” Hon. Renee Ming: Sorry. What was that, Madam? Hon. Patricia J. Gordon -Pamplin: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Patricia J. Gordon -Pamplin: “The initial tranche . . .” Hon. Renee Ming: I am on page 5 in the last par agraph.
The SpeakerThe SpeakerOkay. Hon. Renee Ming: The initial tranche of nine soldiers must be complemented by seven full -time police offi cers or officers from other government departments who support maritime laws, such as Marine and Ports, Customs or Environmental Protection. The annual cost of salaries for a Coast Guard fully manned …
Okay. Hon. Renee Ming: The initial tranche of nine soldiers must be complemented by seven full -time police offi cers or officers from other government departments who support maritime laws, such as Marine and Ports, Customs or Environmental Protection. The annual cost of salaries for a Coast Guard fully manned by 16 Royal Bermuda Regiment soldiers is $1.4 million. Mr. Speaker, the Coast Guard has proved its unquestionable worth and resilience over the past four months and is now working through the peak of the boating season. The impending implementation of the Coast Guard Act is an important next step for Berm uda’s maritime security and must be in tandem with employing the corr ect personnel for this vital role. Mr. Speaker, I reiterate my personal thanks to these soldiers for their exceptional work since March, and to their families and employers, who have humbly
Bermuda House of Assembly supported them whilst they have conducted their service to the c ountry. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. Minister of Education, have you resolved your technical problem? Hon. Diallo V. S. Rabain: Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerYes, we can hear you. Would you like to present your Statements? Hon. Diallo V. S. Rabain: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerContinue. BERMUDA COLLEGE AUDITED STATEMENTS 2018 AND 2019 Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise before this Honourable House to lay the 2018 and 2019 Audited Financial Statements for the Bermuda College , as stipulated in section 8 of the Bermuda College Act 1974. Mr. Speaker, …
Continue.
BERMUDA COLLEGE AUDITED STATEMENTS 2018 AND 2019 Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise before this Honourable House to lay the 2018 and 2019 Audited Financial Statements for the Bermuda College , as stipulated in section 8 of the Bermuda College Act 1974. Mr. Speaker, I am pleased to report that the 2018 and 2019 audited statements were both unqualified, and as such, in the opinion of the Auditor General, the statements present fairly the financial position of the Bermuda College at the end of each of the fiscal years, and the resul ts of its operations, changes in its net assets and cash flows. The financial statements indicate that Berm uda College had assets worth $24,675,615 and $23,861,691 in 2018 and 2019, respectively; and total liabilities of $19,473,229 and $19,078,451, respectiv ely. Additionally, Mr. Speaker, it should be noted that the Bermuda College currently has no long- term debt. Cash and cash equivalents for the two- year period decreased by 5.3 per cent to $3,47[5],174. The accounts receivable increased by 39.3 per cent to $868,913, and the accounts payable increased by 12.3 per cent and stood at $2,692,315 at the end of the 2019 fiscal year. Mr. Speaker, since there has been no major capital investment at Bermuda College, the capital assets continue to depreciate, and as of March 31, 2019, totalled $16,649,154. However, with the establishment of the Bermuda College Foundation it is expected that capital funding will be raised to upgrade the campus. Mr. Speaker, during the two- year period, the Government grant to the Bermuda College has r emained consistent, while other revenue increased by $666,004, or 12 per cent. However, over the same period the physical plant and maintenance expense increased significantly, resulting in a deficit of $419,146 at the end of the 2019 fi scal period. Mr. Speaker, during the past several years the Bermuda College and the Office of the Auditor Ge neral have been working assiduously to get the audits of the college up to date so that the Bermuda College can be in compliance with the financial standards of its accreditors. The Bermuda College audits were put in arrears when a former Auditor General decided to cease auditing Bermuda College in 2003 as a result of the 2003 lease with the Coco Reef Hotel. Mr. Speaker, the audits of the Bermuda Col lege did not begin again until 2008, and then were put on hold once again from 2009 to 2011, when a writ was filed by the former Auditor General against the then Finance Mi nister and Bermuda College, [relating to] the extension of the term of the Coco Reef Hotel lease. Nonetheless, Mr. Speaker, the good news is that since 2011, Bermuda College has completed all outstanding audits, and with the tabling of these 2018 and 2019 audited statements, the Bermuda College audits are currently up to date. Also, in l ooking ahead, the audited file for the year ending March 31, 2020, is in its final stages of preparation and was due to the Office of the Auditor General by the end of July. Mr. Speaker, in closing, acknowledgement and thanks are given to the former Audit or General, Mrs. Heather Jacobs -Matthews; the current Auditor General, Ms. Heather Thomas; and the team in the Office of the Auditor General for their efforts in helping to bring Bermuda College up to date with its audits. Of course, thanks are also given to faculty and staff at the Bermuda College, under the leadership of Pres ident, Dr. Duranda Greene, for their support and continued commitment to deliver quality tertiary education to the broad community. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mi nister. Would you like to do your second Statement now? Hon. Diallo V. S. Rabain: Yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerPlease continue. MIDDLE SCHOOL AND SCHOOL REFORM — A CRITICAL UPDATE Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise t o give my honourable colleagues a critical update on the Government’s pledge to remake and redesign our education system. The PLP Government’s 2017 winning election platform promised …
Please continue.
MIDDLE SCHOOL AND SCHOOL REFORM — A CRITICAL UPDATE
Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise t o give my honourable colleagues a critical update on the Government’s pledge to remake and redesign our education system. The PLP Government’s 2017 winning election platform promised to (and I quote) “ Reform public education by phasing out middle schools and introducing signature schools at the secondary level, which focus on the learning styles and interests of our children, including academic, technical and the trades, business, sports, arts, and special needs education.” Within the same Election Platform, the Government pledged to (and again I quote) “Review and 4564 24 July 2020 Official Hansard Report
Bermuda House of Assembly implement the recommendations from the ongoing Department of Education’s Strategic Review . . . .” In 2017, we finalised and published the str ategic review, entitled Plan 2022: Bermuda’s Strategic Plan for Public School Education. Plan 2022 was developed and designed for and with students, parents, educators, non- profit and business representativ es, as well as other members of our community. Without doubt, to phase out middle schools and introduce si gnature schools is the flagship education commitment of this Government to the people of Bermuda. It r eflects the change expected and demanded of this community for all of us , to think about education for today and tomorrow, but to also have vision to ex ecute and deliver a public school system which meets the needs and aspirations of our community for our children and the future of Bermuda. Mr. Speaker, in March of this year I informed my honourable colleagues that the long- term adaptive Strategy 5.3.5. in Plan 2022 will be the guide for our plan to phase out middle schools, introduce signature schools and realign the public education system. This strategy states (and I quote), “To ensure college and career readiness, [we will] review the current structure of schools (primary, middle, senior) and revise for maximum student success, including the consider ation of special school designs to meet unique student needs or interests. [Strategy] (5.3.5)” Mr. Speaker, to deliver the Government and the communities’ wishes for public education, the Mi nistry of Education is currently overseeing the most substantial change in Bermuda’s public education sy stem in 20 years. Such immense change cannot be achieved in haste, nor can it be realised without con-sistent collaboration with critical and other stakehol ders. It is those who make up our education system and broader community who will help facilitate and support t his future- minded transformation. As Plan 2022 was developed with extensive community input, the plan to remake our school system will undergo similar levels of involvement before any changes are made. To quote our Honourable Premier when asked about Education Reform in this House, We will measure not once, not twice but three times before we cut. Mr. Speaker, I am happy to update Honour able Members and the public that, despite COVID -19, the planning and redevelopment work to phase out middle schools and i ntroduce signature schools within a two -tier education system is continuing. Since my last update in March, a prototype for the future of the Bermuda Public School System has been developed. Some will be familiar with the use of this [technical] term, as i t reflects the approach undertaken during the development of Plan 2022. This prototype will be built upon and fine- tuned with further collaboration and engagement with the stakeholders, who will deliver on our new education system, and the constituents who will be its beneficiaries. Using design- thinking and pr ototypes allows us to design and test the proposals, improve upon them and test them again to produce changes that meet the promise of the Government and the current and future needs for our community . Mr. Speaker, the first prototype has been shared with critical stakeholders over the last two months. Their feedback has been invaluable and has been used as a resource as the prototype evolves. The prototype is being used for the next stages of the plan development. During these last two months, we have presented the prototype to the Cabinet; the PLP Caucus; the Opposition; the Board of Education; the Department of Education staff; preschool administr ators and principals; preschool, primary, middle and senior school teaching staff; executive members of PTAs for primary, middle and senior schools and our special school, Dame Marjorie Bean Hope Academy; the Executive Boards of the BUT [Bermuda Union of Teachers], BPSU [Bermuda Public Services Union] and B IU [Bermuda Industrial Union]; the executive members of boards for all aided schools; and the Bermuda Educators Council. Mr. Speaker, presentations are also planned for school custodians and administrative assistants, a cross section of students, parents and other members of our community. Mr. Speaker, this prototype is a result of two years of engagement, collaboration and data collection, as well as the study of best international practi ces for improving the quality and delivery of education for all. W e have a vision which sees changes to the education structure with the removal of middle schools, the introduction of signature schools and the absolute movement to new ways of teaching to better match the ways in which children can and do learn. Mr. Spe aker, this prototype begins with the end in mind, meaning that the elements of the prot otype are consistently guided by the kinds of graduates that the public system will develop, along with parents, peers, mentors and community partners. To achieve this, the continued prototype work will look specifically at a two- tiered education framework that removes middle schools and introduces signature schools. A two-tiered education system designed to increase education options for all students, including tailored ed ucation and support for young people with special, ad-ditional or alternative education needs. More and more students (who would have attended middle schools) will, at younger ages, have access to City & Guilds and NCCER certifications, expanded dual enr olment with the senior schools and employability skills. This is being developed to expose our students to a broader variety of potential life inter-ests at an earlier age. Mr. Speaker, signature school students who are on the pathway to preparing for pos t-secondary education, training, the world of work and community life will participate in cooperative education, work placements, apprenticeships, internships, dual enrol-ment at the Bermuda College, NCCER and City &
Bermuda House of Assembly Guilds certifications, signature certifi cations, leadership and employability skills, music examinations and other [international] certifications. This is not only to prepare students for post -secondary education, trai ning and employment, but to help our students to grow into the world as thinkers, creatives, entrepreneurs and citizens who will lead and further develop Berm udian society. Mr. Speaker, the curricula is being reexamined to develop more internationally recognised curricular options. Young people deserve more di-verse and flexible options for learning anywhere and at anytime. The prototype also calls for enhanced educator’s qualifications, as we look to not only transform the structure of the system, but our approach to the profession of teaching and methods of teacher practice. Educ ators entering the system will be expected to possess and/or obtain qualifications, exper iences and competencies that meet international standards, certifications, BEC licence, pass a locally created version of the Praxis exam, international cert ification (recertified every five years), ICT certification, leadership development, a 21 st century evaluation system to evaluate our teachers, professional courses (separate from professional development) required every two years, SCARS, TCI, MTSS and Restorative Circles trained, and be fit to work with children. Embedded within the teaching profession is a commitment to growth and life- long learning. Ther efore, the Department of Education and the Bermuda Educators Council will work with educators to develop pathwa ys for improved professional learning during the transformation process. Mr. Speaker, our system also requires modern fit -for-purpose facilities to support the new educ ation structure, the delivery of modern curricula and high quality teaching. Therefore, much of the prot otype work will look at what facilities are required to support 21 st century and real -world and authentic learning experiences for students in all of our schools. Our prototype details the removal of middle schools and the remaking and re design of our current system. However, this work cannot be done by the Depar tment of Education and our consultant, Innovation Unit, alone. The prototype calls for the development and recruitment of school redesign teams. The persons who will serve on these teams will be predominantly teachers and leaders within the public school system and will engage parents, students, businesses, cultural and community organisations, other learning instit utions, and relevant government departments. Mr. Speaker, additionally, the Ministry and the Department of Education [staff] will collaborate with and support school design teams to test the feasibility and viability of the new models of teaching and lear ning, along with the assessment practices for the schools which wil l form the new two- tier structure. They will also develop and implement the workforce and technology strategies that best support and enable the redesigned schools and redesigned system. Mr. Speaker, Plan 2022 Adaptive Strategy 5.1 calls for us to (and I quote), “Develop a governance structure that both holds the Department of Education directly accountable to citizens through a board of education and that provides the Department greater autonomy for fiscal, human, and operational dec isions . . . .” Some will read this as a call for an Educ ation Authority, as detailed by BermudaFirst. This idea is still very much being considered, and discussions with BermudaFirst are still ongoing. However, the current governance structure will be evaluated, and the best structure for our system will be determined and presented in due course. Mr. Speaker, I have repeatedly referred to a prototype when referring to the future of the Bermuda Public School System. I have also stated that we recognise the need for collaborati on and consultation to ensure we have a system that the Bermuda public have asked for through Plan 2022. In the coming months, we will begin more extensive consultation to gather the public’s feedback. When we have a prot otype, as we do, that talks about t he reduction or consolidation of schools, repurposing of schools and rea-ligning the system, consultation is required and consultation will happen. However, rest assured, the phasing out of middle schools is a promise that the Bermuda Government views as an absolute and will deliver on. Mr. Speaker, we will make sweeping changes in how we educate our children. We will phase out the middle schools and introduce signature schools which will have curricula to support professions required by the Bermudian work force, including the trades and entrepreneurs needed in Bermuda and beyond, now and in the future, including what is needed for those students with special needs. Mr. Speaker, we will transform our current system from a three- tier to a two- tier system th at is based on best practices and genuine input from the Bermuda community. Our goal is to provide our chi ldren with the structure, resources and support to enable them to participate in, profit from and lead the 21 st century economy of Bermuda. Mr. Speaker, I ask Honourable Members and Bermuda as a whole to join us as we transform the Bermuda Public School Sy stem. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. We now have the Statement, the final Stat ement this morning, from the Minister of Ca binet Office. Minister, would you like to put your Stat ement? PUBLIC PROCUREMENT POLICY UPDATE Hon. Wayne L. Furbert: Thank you, Mr. Speaker. 4566 24 July 2020 Official Hansard Report Bermuda …
Thank you, Minister. We now have the Statement, the final Stat ement this morning, from the Minister of Ca binet Office. Minister, would you like to put your Stat ement?
PUBLIC PROCUREMENT POLICY UPDATE
Hon. Wayne L. Furbert: Thank you, Mr. Speaker. 4566 24 July 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, the Office of Project Management and Procurement (OPMP) was established in 2011 to regulate all procurement of goods, services, and works in the public sector. However, the Code of Practice for Project Management and Procurement was not introduced until July the 2 nd, 2018. Mr. Speaker, the Government recognises that public pr ocurement policy must be both robust and flexible in order to systematically and practically address the changing economic needs of Bermuda. Mr. Speaker, the changes in the code hav e elevated our procur ement processes in line with international best practi ces and standards. Public bodies now have more flex ibility in choosing procurement methods which will help achieve greater business value while also mitigating potential contractual risks. Mr. Speaker, the latest version of the code, which Cabinet recently approved and came into effect on July the 1 st, 2020, allows public officers to be creative and flexible in their approach to procurement. U nderstanding and adaptation of the code are keys to promoting consistency and a standard approach across the public sector, thereby reducing inefficiencies often associated with regulatory matters. Mr. Speaker, in summary, the changes to the code are as follows: 1. The code was amended to include two add itional categories to which the c ode does not apply ; however , they do require approvals from the appropriate accounting officer or the Financial Secretary. They are (a) media, communication and public relations companies with the approval of the accounting officer; and (b) a ccounting and auditing firms for specific services with the approval of the F inancial Secretary; 2. A new Procurement Review Committee has been established to review all unsolicited proposals [USPs ]. This c ommittee is created to assist with the assessment and evaluation of USPs that are submitted to various g overnment ministries. The committee will consist of the Financial Secretary, Permanent Secretary responsible for OPMP and the Director of OPMP ; 3. The Procurement Thresholds and Approval of Contracts values have been amended. Pr ocurement thresholds have three levels, and new procurement methods apply —under $10,000, $10,000 to $49,999 and $50,000 to $99,999. These changes are covered under section 11 of the code. The i ntermediate value procurement threshold has increased to values of $100,000 to $249,999. The high value procurement threshold has increased to above $250,000 and is covered under section 13 of the c ode. 4. The Single Source Procurement (section 24 of this code) has been amended as follows: Pub-lic officers no longer have to obtain prior approval from the Director of OPMP; however, Mr. Speaker, public officers must inform the Director of OPMP of their single- source pr ocurement. The Director of OPMP may conduct an inquiry to det ermine justification and pr ocess steps. The Director shall report quarterly to Cabinet in matters of compliance. Mr. Speaker, the steps that were taken i mproved efficiencies within the system, but do not go far enough to ensure economic growth and prosperity within small businesses, gender, race and disability ownership. Mr. Speaker, to ensure that the Gover nment’s aim is being met, there has to be a way of measuring success based on Government’s aim. Mr. Speaker, Members may not be aware, but in Bermuda a “ small business ” is defined under the Bermuda Economic Development Corporation Act [1980], which states “‘Small business’ means a Bermudian- owned and owner -operated business enterprise with gross annual sales of less than one million dollars; or an ann ual payroll of less than five hundred thousand dollars.” As a result of that definition and due to tec hnical work at the Accountant General’s Office to ident ify and label vendors, I can report the Government’s success in awarding contracts to small businesses. Mr. Speaker, since 2017 the Government has awar ded more than $38 million dollars in contracts to small businesses —in the 2017/18 financial year, $13 mi llion; in financial year 2018/19, $13 million; and in the financial year 2019/20, $12 million. Three years prior, Mr. Speaker, only $33 million was paid to small bus inesses: financial year 2014/15, $12 million; financial year 2015/16, $11 million; financial year 2016/17, $10 million. Mr. Speaker, for the first time a government is able to identify and measure the value of what it pays to small businesses. But, Mr. Speaker, this does not go far enough. Government’s vision to use its pur-chasing power to promote equality of opportunity with regard to disability, gender and race is being fully met—must be fully met. Mr. Speaker, for decades business owners who joined the right golf club, went to the right private school or knew the right people would always win Government contracts. Having been awarded a co ntract once, they would subsequently get more contracts, partly by doing good work and partly by “ playing the game” to get another contract. Some bus inesses being more successful than others is normal, as we choose to live in a capitalist society, but not if that success is earned by unfair practices. Mr. Speaker, this Government is not going to rest on its laurels and pat itself on the back; we are pushing for further diversity. Our aim is to replicate the success of awarding contracts to small business, and we intend to use Government’s purchasing power to
Bermuda House of Assembly promote equality of opportunity with regard to disabi lity, gender and race. Mr. Speaker, we will still seek to utilise the public purse to create opportunities for business ow ners who were marginalised in the past, particularly Black -owned small busi nesses, as well as others deemed “ unsuitable” by past Governments. If we ge nuinely want to diversify our economy and economical-ly empower those Bermudians who up until now have not had a piece of the economic pie, we must take steps to make this happen. Mr. Speaker, to make this happen we are working on identifying, as we did for small businesses, all those companies which are doing business with Government as far as disability, gender or race in r egards to at least 51 per cent ownership within that group. Once this is determined, then based on Go vernment’s approved matrix system, these companies will score a higher grade, hence having the opportunity to receive more contracts from Government. Mr. Speaker, we have learned that the impact of the Go vernment’ s purse is so strong that maintaining the st atus quo is not good enough. Talking is not good enough; action must be taken, and action will be taken. Mr. Speaker, it vital that business owners know that Government is open for business, because it is and w e are. Thanks, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. As indicated just now, I am going to ask the House for leniency to allow the Minister of Education to do the appropriate amendment to the paper which was introduced earlier this morning on his behalf. Minister, I asked for the House to yield and suspend the …
Thank you, Minister. As indicated just now, I am going to ask the House for leniency to allow the Minister of Education to do the appropriate amendment to the paper which was introduced earlier this morning on his behalf. Minister, I asked for the House to yield and suspend the rules for us to do that. Is that all right?
Hon. Diallo V. S. Rabain: Yes, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. Diallo V. S. Rabain: Mr. Speaker, do you want me to ask for that suspension, or you already . . .
The SpeakerThe SpeakerI just requested it, and it was fine. Co ntinue. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE BERMUDA COLLEGE AUDITED FINANCIAL STATEMENTS FOR THE YEAR 2018 TO 2019 Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House …
I just requested it, and it was fine. Co ntinue.
PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
BERMUDA COLLEGE AUDITED FINANCIAL STATEMENTS FOR THE YEAR 2018 TO 2019 Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda College Audited Financial Statements for the year 2018 to 2019. Thank you, Mr. Speaker. The Speaker: Thank you. And that will amend what was done earlier this morning, for the clarity of Members. We will now proceed, having had all the Statements read.
REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerThis morning there are no written questions, but there are questions from the Statements that were given this morning. We have five Members who wish to ask questions, I believe. The first question this morning is to the Premier in reference to his Statement on the Economic D evelopment and …
This morning there are no written questions, but there are questions from the Statements that were given this morning. We have five Members who wish to ask questions, I believe. The first question this morning is to the Premier in reference to his Statement on the Economic D evelopment and Tourism, and that is from the Oppos ition Whip. Honourable Member, would you like to put your question?
QUESTION 1: ECONOMIC DEVELOPMENT AND TOURISM UPDATES
Ms. Susan E. JacksonThank you, and good mor ning, Mr. Speaker. I have but one question. On page 3, the Premier and Minister of Tourism, he said, and I quote, “People will not leave New York for ‘Restaurant Weeks’ in Bermuda.” I would like to know, What research or evidence does the Premier …
Thank you, and good mor ning, Mr. Speaker. I have but one question. On page 3, the Premier and Minister of Tourism, he said, and I quote, “People will not leave New York for ‘Restaurant Weeks’ in Bermuda.” I would like to know, What research or evidence does the Premier or the BTA have that people in New York will leave home to come to Bermuda for film, fashion or art?
The SpeakerThe SpeakerThank you, Member. I should have stated that we started questions at 12:23. And we have got 60 minutes. Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member for her question. But I think that she has missed the point of the Statement. And the point …
Thank you, Member. I should have stated that we started questions at 12:23. And we have got 60 minutes. Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member for her question. But I think that she has missed the point of the Statement. And the point of the Statement was not necessarily of the events. The Statement is how events are marketed in order to increase relevance. And what I specifically said is the use of branding with international celebrities and with direct private sector investment to make the events more marketable so people would want to attend. And I think that is what other jurisdictions are doing, and I think that is something that we need to align ourselves with.
The SpeakerThe SpeakerThank you. Is there a s upplementary?
Ms. Susan E. JacksonNo further questions. Thank you, Mr. Speaker. 4568 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Okay. Thank you. That moves us on from that particular Stat ement. The next Statement that Members have questions for is the Statement from the Minister of Transport regarding the …
No further questions. Thank you, Mr. Speaker.
4568 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Okay. Thank you. That moves us on from that particular Stat ement. The next Statement that Members have questions for is the Statement from the Minister of Transport regarding the airport project. And, Minister.
Hon. L. Craig Cannonier: [Mr. Speaker], you acknowledged the questions that I had, [I told you] I had questions for the Premier, and you acknowledged it.
The SpeakerThe SpeakerOh! Opposition Leader, I am so sorry. I have seen that you are up there. My apology. Premier, the Opposition Leader does have a question for you as well. QUESTION 1: ECONOMIC DEVELOPMENT AND TOURISM UPDATES Hon. L. Craig Cannonier: Thank you, Mr. Speaker. On the second page, the very …
Oh! Opposition Leader, I am so sorry. I have seen that you are up there. My apology. Premier, the Opposition Leader does have a question for you as well.
QUESTION 1: ECONOMIC DEVELOPMENT AND TOURISM UPDATES Hon. L. Craig Cannonier: Thank you, Mr. Speaker. On the second page, the very first paragraph, the Premier mentioned that “the BTA as an organis ation is top- heavy and does not yet embrace the ethos of this Government.” I was wondering if the Premier could then expound on how the BTA is top- heavy and how it has not embraced the ethos of this Gover nment.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I thought that it was evident in the Statement of which I had made when I said the issue of making sure that they are the ethos of the Government. And I think, if I may quote fr om my Statement . . …
The SpeakerThe SpeakerGo ahead. [Pause] Hon. E. David Burt: Where I said, and I quote again, “does not yet embrace the ethos of this Government — that is to say, the creation of an equitable redistribution of opportunity so that those who have been left out or left behind by Bermuda’s success, …
Go ahead.
[Pause] Hon. E. David Burt: Where I said, and I quote again, “does not yet embrace the ethos of this Government — that is to say, the creation of an equitable redistribution of opportunity so that those who have been left out or left behind by Bermuda’s success, predom inantly Black entrepreneurs, will receive a chance to participate on equal terms.” I think that is relatively self-explanatory, Mr. Speaker. But I can just give an example if the Honour able Opposition Leader would like me to do so. We can talk about the Bermuda Tourism Authority -sponsored visitor centre on Front Street, a project which went three times over budget, something that if other persons would have known that, they would have actually said something. And then a tender that goes to the top, which, Mr. Speaker, with all respect for the pr oprietors who earned that bid, does not represent the ethos of this Government to give a fair shake to entr e-preneurs in this country who are Black and who have been left behind. So I think that that is a key indication of the direction. And as I say, they have not embraced the ethos of this country, Mr. Speaker. Because if the Tourism Authority is going to continue to give to persons who have without recognising that we need to broaden the level of participation in the economy, it is not recognising the ethos of this Government. And it is probably reflecting the ethos of the Government who set it up and appointed the persons on the board, who had perpetual s uccession, which is why we changed the law to enable the Government to put appointees on the board. On the next question, Mr. Speaker, which the Honourable Opposition Leader asked, about topheavy , we have an organisation that has a very large C-Suite , which should be dedicated to sales and marketing. In my view, there could be some trimming of that top executive level so that more money and funds could be devoted to marketing this jurisdiction, and also product development.
Hon. L. Craig Cannonier: Suppl emental.
The SpeakerThe SpeakerYes. Your supplemental. SUPPLEMENTARIES Hon. L. Craig Cannonier: Yes. Considering then, when the Premier says, he says predominantly Black entrepreneurs as this being part of the ethos of the Government. I am just curious as to what evidence did he find of this that was not taking place, that Black …
Yes. Your supplemental.
SUPPLEMENTARIES
Hon. L. Craig Cannonier: Yes. Considering then, when the Premier says, he says predominantly Black entrepreneurs as this being part of the ethos of the Government. I am just curious as to what evidence did he find of this that was not taking place, that Black entrepreneurs were not being included? Because I am sure that would be disturbing to all of us if that was the case.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I will repeat what I just said. He should have to go no further than a vis itor centre which was massively over budget on Front Street, and the awarding of a contract of a restaurant at the top of that business centre …
Premier. Hon. E. David Burt: Mr. Speaker, I will repeat what I just said. He should have to go no further than a vis itor centre which was massively over budget on Front Street, and the awarding of a contract of a restaurant at the top of that business centre and the basis of whom the contract was awarded to. I take no issue with the people who run it. What I do is take issue with is the ethos of a board and its Tourism Authority that does not recognise that this Government wants to broaden economic opportunity so persons who have not had an opportunity can have an opportunity.
The SpeakerThe SpeakerSupplementary or new question? Hon. L. Craig Cannonier: Supplementary to that question.
The SpeakerThe SpeakerSecond supplementary, yes. Bermuda House of Assembly Hon. L. Craig Cannonier: Yes. The Premier also in that same question mentioned that when we t alk about being top- heavy, in his opinion, he said—I mean, there are many people who believe in their opinion that Cabinet is top -heavy right …
Second supplementary, yes.
Bermuda House of Assembly Hon. L. Craig Cannonier: Yes. The Premier also in that same question mentioned that when we t alk about being top- heavy, in his opinion, he said—I mean, there are many people who believe in their opinion that Cabinet is top -heavy right now. So I guess what I am asking is, Can we foresee then cuts being made to this, what he calls a topheavy BTA?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, the internal functions, hiring and organisation of the Bermuda Tourism Authority are not a matter for the Minister. That is a matter for the board. What I can say, Mr. Speaker, is that the appointment s of which we will be made to …
Premier. Hon. E. David Burt: Mr. Speaker, the internal functions, hiring and organisation of the Bermuda Tourism Authority are not a matter for the Minister. That is a matter for the board. What I can say, Mr. Speaker, is that the appointment s of which we will be made to the board will be in line with the Government view that more—that we need a more streamlined organisation that can devote funds to product development and marketing, and relevance, and less funds to salaries, Mr. Speaker. It comes as no surprise when I said it when I was swearing in persons or attending the swearing- in of persons at Government House— here we have, you know, persons who run this country who are making half as much as persons in the C -Suite of the Berm uda Touris m Authority. We can just speak to sales and marketing officers and all the rest who are being paid twice as much as persons here. And people will wonder whether or not the Government and the country are getting value for money. So I think in all cases and instances when we are talking about how do we make sure that we are delivering value for money?, we must examine what we have, find out what is the best way to allocate li mited resources in the most productive [ways] that are possible and go ahead and execute. And I have no doubt that the new persons appointed to the board will reflect the ethos of the Government and will recognise that we need to have a paradigm shift to increase the relevance of the jurisdiction. And I am certain that those persons will make that clear.
The SpeakerThe SpeakerThank you. A new question? QUESTION 2: ECONOMIC DEVELOPMENT AND TOURISM UPDATES Hon. L. Craig Cannonier: New question. Thank you, Premier. Over on page 3 at the very bottom where the Premier outlines a bullet point and he says, “Air Se rvice Development.” He mentions that there is now “a …
Thank you. A new question?
QUESTION 2: ECONOMIC DEVELOPMENT AND TOURISM UPDATES
Hon. L. Craig Cannonier: New question. Thank you, Premier. Over on page 3 at the very bottom where the Premier outlines a bullet point and he says, “Air Se rvice Development.” He mentions that there is now “a joined- up approach to air service development that will form the foundation of critical next steps . . . .” Can he explain what he means by “joined- up approach,” what this is involving?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. The joined- up approach recognises that there are unfortunately many different aspects to air service development that are due to the decisions of the former Government. So the Government do es not have control over the airport in its entirety. Therefore, …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. The joined- up approach recognises that there are unfortunately many different aspects to air service development that are due to the decisions of the former Government. So the Government do es not have control over the airport in its entirety. Therefore, we have to work with Skyport. There have been many discussions about the fact that Skyport, when the former Government was in office, when the former Mini ster of Finance said that Skyport would be responsible for minimum revenue guarantees, and now we realise that Skyport says that this is something that has to fall to the Government of Bermuda. So, between the Tourism Authority, the Mini stry of Tourism and also with the [Bermuda] Airport A uthority [BAA] and Skyport —so it is a joined- up a pproach, and that is what we have to have due to the fact that, because of the changes that were made by the former Government, there were issues where Skyport, BAA, Government and [the Bermuda Tour-ism Authori ty]. So now we all are working to make sure that we are on the same page, and that is the approach of which we have now taken.
Hon. L. Craig Cannonier: Supplemental.
The SpeakerThe SpeakerSupplemental. Yes. SUPPLEMENTARIES Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Is the Premier then suggesting that the three entities he just named were not working together before on joint initiatives?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, the Airport Author ity and Skyport were formed in, I would say, April of 2017, about three months before the former Gover nment lost the election. So when we came into office we had to make sure that all these entities worked together …
Premier.
Hon. E. David Burt: Mr. Speaker, the Airport Author ity and Skyport were formed in, I would say, April of 2017, about three months before the former Gover nment lost the election. So when we came into office we had to make sure that all these entities worked together because they were brand new. And that is just a fact. So they were new entities, and we needed to make sure that we figured out how they could work together on air service development. Again, there were representations made in this House of Assembly, Mr. Speaker, by the former Government, of which the Opposition Leader was a Member, t hat the Skyport would be responsible for minimum revenue guarantees [MRGs]. When we came into office, Skyport says, No, Government. That’s on you! So 16 per cent return paid to a company which today the Minister of Transport says that, Hey, look. We’ve got to pay more money for a contract that the former Government made. We were sold 4570 24 July 2020 Official Hansard Report
Bermuda House of Assembly a bag goods, saying Skyport would be responsible for MRGs, and now the Government was. So, yes, we have to get everyone on the same page, Mr. Speaker. So the Opposition Leader has asked the question, and the answer is, No, they were not working together. And it was our job when coming into Government to make sure that they did.
The SpeakerThe SpeakerThank you. Further supplementary or new question? Hon. L. Craig Cannonier: Supplement ary.
The SpeakerThe SpeakerSecond supplementary. Yes. Hon. L. Craig Cannonier: So is the Premier then sa ying that after three years now, we are finally getting to the point of working together, after three years? He is making a statement that they are now going t o move towards essentially working together; it …
Second supplementary. Yes.
Hon. L. Craig Cannonier: So is the Premier then sa ying that after three years now, we are finally getting to the point of working together, after three years? He is making a statement that they are now going t o move towards essentially working together; it has taken three years?
Hon. E. David Burt: Mr. Speaker, I would say that we are now at a place where we can work together. We are now at a place where there has been a . . . I think that the former Minister of Tourism and Transport had announced that there was an air service development plan, which was part of the BTA, the Bermuda Airport Authority, the Ministry of Tourism and Transport, and Skyport, understanding and making sure that they have a joint approach. For example, Skyport wanted to have airlines coming from Ireland. The Bermuda Tourism Authority felt that maybe they did not need airlines coming from Ireland. Do you understand? So this is the problem, Mr. Speaker, when you set up, as the former Government did, independent entities which are not direc tly responsible to the Government of Bermuda. So this is the reason why we are working to make sure that everyone is on the same page.
The SpeakerThe SpeakerThank you. Any further questions? Hon. L. Craig Canno nier: Third question.
The SpeakerThe SpeakerFurther question. You used your two supplementaries. This is your third question. QUESTION 3: ECONOMIC DEVELOPMENT AND TOURISM UPDATES Hon. L. Craig Cannonier: Yes. I thank the Premier for his swift work. The third q uestion then is, I read with interest on page 4 where he mentions striking out …
Further question. You used your two supplementaries. This is your third question.
QUESTION 3: ECONOMIC DEVELOPMENT AND TOURISM UPDATES
Hon. L. Craig Cannonier: Yes. I thank the Premier for his swift work. The third q uestion then is, I read with interest on page 4 where he mentions striking out into film, art, fashion and entertainment, and then continues on: “Every day we are treated to a success story in the local news of Bermudians who have achieved name recognition and success . . . .” Now, I do recognise that this whole paragraph —I have seen this stated before. And I agree with the last part, where it says, “natural beauty is not enough to get us by in 2020,” so clearly said and agreed. But the ethos of this paragraph (as we would—the Premier has mentioned “ ethos ”) really is talking about how we can have something established here. And I believe in February of 2018, we established a new international entertainment hub that was supposed to outline and did outline th e very initiative that I see here. What happened to that new intern ational entertainment hub back in 2018 that had been started in February under this Government?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I am not entirely sure what new international entertainment hub the Honourable Member is referring to. Hon. L. Craig Cannonier: Thank you. Well, Mr. Speaker, if I can go from the Royal Gazette?
The SpeakerThe SpeakerWould you like to provide some clarity on that, Member, in your question? Hon. L. Craig Cannonier: Yes. Thank you very much, Mr. Speaker.
The SpeakerThe Speaker[Proceed] Hon. L. Craig Cannonier: In the Royal Gazette published February 16, 2018, “A new international entertainment hub is to be created at Cross Island and M oresby House in the Wes t End. “Lieutenant -Colonel David Burch, the public works minister, said that Savvy Entertainment Berm uda had taken …
[Proceed]
Hon. L. Craig Cannonier: In the Royal Gazette published February 16, 2018, “A new international entertainment hub is to be created at Cross Island and M oresby House in the Wes t End. “Lieutenant -Colonel David Burch, the public works minister, said that Savvy Entertainment Berm uda had taken over management of the former Amer ica’s Cup home . . . .” So the Premier is very familiar of this. It [was] a big splash in the Royal Gazet te. There are at least 15 people in a picture, including Ministers and others who are working on this and even the former Premier. And Jennifer Smith, I believe, is there as well. I am just looking at a picture here. We are trying to find out, based on thi s paragraph that outlines basically the exact same thing, so what happened to that hub?
Hon. E. David Burt: Mr. Speaker, what I can say is that it does not outline the exact same thing. So I am happy that the Opposition Leader would give me an opportunity to speak, because that in its essence is part of the challenge, Mr. Speaker. The thing is that in a modern era of tourism marketing, what is necessary is that you bring relevance to a jurisdiction. And in order for you to have relevance to a jurisdiction, you have to make sure, as is stated inside of my Stat ement, that you have to blend celebrity, you have to
Bermuda House of Assembly blend relevance, you have to use the effort with celebrities in order to make sure that you can use the brand, and private sector response as well to build their brand to make something where people want to attend. Do I think that an entertainment hub can form a part of that? Absolutely. Do I believe that there is more that is going to be needed in order to make that work? Absolutely. And so from the perspective from which I stand, Mr. Speaker, I can just give an example. In my Statement I spoke about making sure that we have real film festivals that represent what we have here in Bermuda. I know that there is a Bermudian overseas who won awards for w hat she did in an acclaimed movie this year, Queen and Slim, but yet had to struggle to try to get recognition for that inside of Ber-muda’s own film festival. So we need to do a better job of recognising what we have and developing what we have, Mr. Speak er.
The SpeakerThe SpeakerSupplementary. We will take the supplementary from the Member, Opposition Whip. SUPPLEMENTARY
Ms. Susan E. JacksonYes, Mr. Speaker. So what research, what evidence does the Government have that this kind of entertainment is going to be something that is viable here in Bermuda? We know that in the marketing field it is very high- risk to use testimonials from celebrities. So I am just curious: …
Yes, Mr. Speaker. So what research, what evidence does the Government have that this kind of entertainment is going to be something that is viable here in Bermuda? We know that in the marketing field it is very high- risk to use testimonials from celebrities. So I am just curious: What evidence do you have that this could even be something that would be viable?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I am trying my best to not be amused by the questions. The evidence of which I would give and submit to the Honourable O pposition Whip is, look at what our competitors are doing. Look at what we are not doing. Look …
Premier. Hon. E. David Burt: Mr. Speaker, I am trying my best to not be amused by the questions. The evidence of which I would give and submit to the Honourable O pposition Whip is, look at what our competitors are doing. Look at what we are not doing. Look at our competitors’ air arrivals going up, and look at ours standing steady. Look at us turning into a cruise destination, and look at other places that are actually using modern techniques t o market. Mr. Speaker, let me just lay it out on the table. The Bermuda Tourism Authority, after five years of being established, still does not even have verified social media accounts. We can do better.
The SpeakerThe SpeakerAny further questions? Supplementaries?
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. Ben SmithSo, yes, Mr. Speaker, just asking, following on with the entertainment, Bermuda has had several music festivals over the last 10– 15 ye ars. Do we have information, data from what happened when we had lots of stars coming to Bermuda, whether that actually had any impact on our tourism?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I am not going to speak to that in its specifics . What I am going to speak to, comparing something in 2008 and comparing something in 2020, is to realise that marketing in 2008 and 2020 are completely different. There was no …
Premier.
Hon. E. David Burt: Mr. Speaker, I am not going to speak to that in its specifics . What I am going to speak to, comparing something in 2008 and comparing something in 2020, is to realise that marketing in 2008 and 2020 are completely different. There was no I nstagram in 2008. It is a different time. And I appreciate that Honourable Mem bers of the Opposition want to poke. But what I want to say is that we must recognise that as a country collectively, we can do better. This is part of the problem. Part of the problem is that we are too slow to move and to recognise that the investments of which you have to make tied in with the development, tied in with relevance are what is necessary. What we end up getting ourselves into are discussions and arguments over short -term views, short -term returns versus long- term plans and longterm visions . The Bermuda Tourism Authority has laid out a National Tourism Plan which was blessed by this Government. There are challenges inside of that plan which we have to make sure that are dealt with. We are not doing a good enough job delivering on the things which have been laid out. Bermuda is turning into a cruise destination. That will not pr ovide the jobs of which we need for the people inside of this country. So we have to do things differently. It is no wonder that, you know, the former Director of Tourism, who was fired by the former Government, goes off to another jurisdiction and delivers record numbers, because they understand that you have to market differently! That is all I am saying, Mr. Speaker. And I am certain that Honourable Members of the O pposition will support that.
Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? Yes. Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. I just have a question. When the Minister —sorry, the Premier is indicating— 4572 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: We hear you, but we do not see you, Honourable Member. Hon. Patricia J. …
Supplementary? Yes.
Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. I just have a question. When the Minister —sorry, the Premier is indicating—
4572 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: We hear you, but we do not see you, Honourable Member.
Hon. Patricia J. Gordon -Pamplin: Sorry. I did start my video. I do not know what has happened here. Do you see me now?
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Okay, it is there. Thank you. Thank you, Mr. Speaker. Mr. Speaker, the Premier has indicated that the tourism plan had some deficiencies in it. And now he sees a new light. Is the Premier suggesting that the work that has been done …
Yes.
SUPPLEMENTARIES
Hon. Patricia J. Gordon -Pamplin: Okay, it is there. Thank you. Thank you, Mr. Speaker. Mr. Speaker, the Premier has indicated that the tourism plan had some deficiencies in it. And now he sees a new light. Is the Premier suggesting that the work that has been done over the last three years by the former Ministers of Tourism under his administr ation have failed?
Hon. E. David Burt: Mr. Speaker, I know that the Honourable Member has the opportunity to read. So I am just going to refer to my Statement where I said, “I am determined to build on the work done by the Mini sters of this Government to see more Bermudians working in tourism, . . . .” So I can speak to the successes of the Minister Jamahl Simmons and the work to get more Bermudians inside of the tourism field i nside Bermuda, which was without question a success. I can speak to the work of [former] Minister Zane D eSilva requiring the Bermuda Tourism Authority to make sure that they are more accountable. And I am continuing in that vein. So, no, I reject the Honourable Member’s question. I understand that she wants to make an i ssue. But the fact is that we have to demand account ability for our money. And we are going to continue to demand accountability for our money and recognise that, just as any business, any government, any rel ationship, we have to look at where our resources are outdated, whether or not our vision is correct and how to make sure with limited resources we can reallocate those resources to make sure that we can best and properly execute on the vision. Recognise, I did not say that there were def iciencies in the National Tourism Plan. That is what the Honourable Member opposite said. I did not say that. What I said is that some of the solutions of which are being devised and the actions of which the Tourism Authority is approaching meeting the objectives in the National Tourism Plan are rooted in yesterday, and in my view [are] bound to fail if we do not switch up how we are doing things.
Mr. Scott PearmanSupplementary, Mr. Speaker. Hon. Patricia J. Gordo n-Pamplin: Second suppl ementary.
The SpeakerThe SpeakerSecond supplementary, yes. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Yes. And I thank the Premier for his clarific ation. And in speaking of getting Bermudians i nvolved in tourism, I think my question is more specif ically relating to the output in terms of getting additional visitors …
Second supplementary, yes. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Yes. And I thank the Premier for his clarific ation. And in speaking of getting Bermudians i nvolved in tourism, I think my question is more specif ically relating to the output in terms of getting additional visitors here who were not just cruise- dependent. So my question is, Has there been a failure to ensure that we had better results? I think the Premier perhaps has answered the question in the response. But I just wanted to clarify that that really was my question.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I accept the Honourable Member’s clarification.
The SpeakerThe SpeakerSupplementary. Yes. Supplementary? SUPPLEMENTARIES
Mr. Scott PearmanYes. Honourable Premier, you said that we need to improve the film festival that we have in Bermuda. And you made reference to a Eur opean film festival; I am assuming you mean the Cannes Film Festival. But you then went on to say you are not going to allocate …
Yes. Honourable Premier, you said that we need to improve the film festival that we have in Bermuda. And you made reference to a Eur opean film festival; I am assuming you mean the Cannes Film Festival. But you then went on to say you are not going to allocate any more money for this. How does Bermuda develop a Cannes Film Festival if we have no money?
Hon. E. David Burt: It is unfortunate that the Honourable Member’s limit is only associated with things such as the Cannes Film Festival without recognising that there are far more relevant film festivals that take place, such as the Berlin Film Festival [ Berlinale ]—
An Hon. Member An Hon. MemberKeep going, Premier. Hon. E. David Burt: Mr. Speaker, I heard something. I do not know if it was a point of order.
The SpeakerThe SpeakerYes. I paused, myself, waiting for a clarification. Was there a point being made? Premier, go ahead. Continue on.
Mr. Scott PearmanThank you, Mr. Speaker. Hon. E. David Burt: Thank you, Mr. Speaker. Bermuda House of Assembly The Honourable Member of the Opposition shows his lack of breadth when looking at the issues as [they] relate to tourism. So his assumption of a Cannes Film Festival is just as I said, …
Thank you, Mr. Speaker. Hon. E. David Burt: Thank you, Mr. Speaker.
Bermuda House of Assembly The Honourable Member of the Opposition shows his lack of breadth when looking at the issues as [they] relate to tourism. So his assumption of a Cannes Film Festival is just as I said, an incorrect assumption when I was actually referring to the Berlin [International] Film Festival. And in my Statement I did not say that the Government would not commit money. What I did say is that we have to look at these things insofar as investments. But the statement of which I made was not in regard to film festivals speci fically. It was in the broader level of making sure that when we design events and when we look at how we can utilise these things of marketing them in a different fashion. The thing is that in a luxury jurisdiction, of which Bermuda is, we cannot say that we are a luxury jurisdiction when we are offering less than a luxury product. And we have to make sure that we have luxury products all around, Mr. Speaker. That was the essence of what I am saying. It was an example showing that other places have made these types of investments, which make sure that they attract the people of which they need to attract, celebrate the culture of which they have. And we can do it. That is all I am saying. A perfect example, Mr. Speaker, let me just say this. We are home to one of the biggest brands of rum in the world. We could have a rum festival! I am not speaking what it is. What I am saying is that the country needs to look at how we approach events di fferently. I do not believe that we are going to succeed in bringing tourists to Bermuda by having “Restaurant Weeks”! That is just it. We need something more, we need something different and we need somethi ng re levant. And that is a charge which I will give to the board of the Tourism Authority. We must continue to develop and look at how we accomplish the goals that are set out in the Bermuda tourism plan in a different way.
The SpeakerThe SpeakerAny further supplementaries?
The SpeakerThe SpeakerPut your supplementary. It is your second supplementary.
Mr. Scott PearmanThank you, Mr. Speaker. I do not think the Honourable Premier answered the question, which is where t he money is going to come from. Whether it is Cannes or Berlin, pr esumably he has some evidence of what the Berlin Film Festival would cost to put on and he …
Thank you, Mr. Speaker. I do not think the Honourable Premier answered the question, which is where t he money is going to come from. Whether it is Cannes or Berlin, pr esumably he has some evidence of what the Berlin Film Festival would cost to put on and he has done some research and homework before he makes these statements. How much is that? And where i s the money coming from?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, the Honourable Member once again shows his lack of depth on these issues. So again I will repeat for the Honourable Member that there is money that is assigned to the Bermuda Tourism Authority. The question is, What do we have? How do …
Premier. Hon. E. David Burt: Mr. Speaker, the Honourable Member once again shows his lack of depth on these issues. So again I will repeat for the Honourable Member that there is money that is assigned to the Bermuda Tourism Authority. The question is, What do we have? How do we make it different? The challenge that we have in Bermuda is that we have not done a very good job in attracting private investment. Sponsorship—how do you do that? You do that in partnering w ith existing brands that want to promote their brand via celebrities. That is what we have to do. We have to change our approach to make sure things are relevant. So I am not going to be drawn into the question of how much this will cost and how much that will cost, because the Minister of Tourism does not sit down and allocate investment budgets for the Berm uda Tourism Authority. We set out specific terms with specific objectives and say, This is what we need to meet. That is what former Ministers have done. That is what I will do.
The SpeakerThe SpeakerThank you. Any further supplementaries? There are none. Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerWe will take yo ur supplementary. Yes? SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Honourable Premier says that the BTA as an organisation is top- heavy. What does he intend to do about that? Hon. E. David Burt: Mr. Speaker, I believe that the Leader of the Opposition, …
We will take yo ur supplementary. Yes?
SUPPLEMENTARIES
Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Honourable Premier says that the BTA as an organisation is top- heavy. What does he intend to do about that?
Hon. E. David Burt: Mr. Speaker, I believe that the Leader of the Opposition, instead of the former Leader of the Opposition, asked the exact same question. And I believe that I had answered the question ad equately, Mr. Speaker. And all I would do is I would refer that Member to the question of which the answer which I gave a moment ago. Mr. Speaker, if you would allow me to go back to another question which was asked, where someone was asking where the money would come from. I would say that if we had $200 million that did not go to Morgan’s Point, we might have some money to play with.
The SpeakerThe SpeakerThank you, Mr. Premier. 4574 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. Your second suppl ementary. Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Honourable Premier says that Ber muda is irrelevant in certain key markets. Which market is he referring to?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I will just hit on the number -one market, Mr. Speaker, New York City. Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary, Mr. Speaker.
The SpeakerThe SpeakerMember, I think you may have asked two supplementaries already under this one. Hon. Patricia J. Gordon -Pamplin: The Premier just answered a different question. Was that a different question?
The SpeakerThe SpeakerWell, we have been on to the . . . all of these supplementaries have come off the last question that the Opposition Leader asked. On his third question— Hon. Patricia J. Gordon -Pamplin: Okay.
The SpeakerThe SpeakerHis third question has led to all these supplementaries. I believe you have asked suppl ementaries on his third question. Hon. Patricia J. Gordon -Pamplin: Okay. I will accept that. I did. I did ask two supplementaries, Mr. Speaker. That is fine.
The SpeakerThe SpeakerYes. Okay. Thank you. Mr. Premier, that brings that question to a close. I will move on to the next Statement where Members have questions. And also keep in mind that we will be breaking at 1:00 for lunch. So we have eight minutes until lunch, and we can continue …
Yes. Okay. Thank you. Mr. Premier, that brings that question to a close. I will move on to the next Statement where Members have questions. And also keep in mind that we will be breaking at 1:00 for lunch. So we have eight minutes until lunch, and we can continue the questions when we come back. But the next Statement is that for the Minister of Transport in reference to the airport project. And MP from constituency 23, MP Gordon- Pamplin, you have a question.
QUESTION 1: AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Hon. Patricia J. Gordon -Pamplin: Yes. Thank you, Mr. Speaker. Mr. Speaker, on page 4 of the Minister’s Statement, going into page 5, the Minister indicated about the necessity for the Airport Authority to transfer $5,770,995.54 [to the] guaranteed revenue reserve account, which is managed by Skyport at BNYC Mello n, and that was done this week. The question that I have, Mr. Speaker, is, Could that $5.8 million have been paid out of the rev-enue that was earned from the economic activity that this Government generated over the past three years? Or has the economic activity been insufficient to cover this responsibility?
The SpeakerThe SpeakerPremier [sic]. Hon. Patricia J. Gordon -Pamplin: That was to the Minister of Transport.
The SpeakerThe SpeakerI am sorry —Minister of Transport. I am sorry. Hon. Neville S. Tyrrell: Mr. Speaker, this minimum guarantee is worked out every quarter. So I am unclear as to the question that the Honourable Member is asking.
The SpeakerThe SpeakerWould you like to— Hon. Patricia J. Gordon -Pamplin: May I clarify, Mr. Speaker?
The SpeakerThe SpeakerDo you require her to restate the question? Hon. Neville S. Tyrrell: Yes, please. Hon. Patricia J. Gordon -Pamplin: I would be happy to clarify, Mr. Speaker.
The SpeakerThe SpeakerCould you clarify your question, Honourable Member? Hon. Patricia J. Gordon -Pamplin: Yes, sir. Yes, sir . The minimum revenue guarantee, which would have been worked out every quarter and would have to be paid based on whatever the deficiencies were under the terms of the agreement, in order to …
Could you clarify your question, Honourable Member? Hon. Patricia J. Gordon -Pamplin: Yes, sir. Yes, sir . The minimum revenue guarantee, which would have been worked out every quarter and would have to be paid based on whatever the deficiencies were under the terms of the agreement, in order to pay that, the Government would have to get funds from somewher e in order to pay it. Not for the quarter, but out of the fund, out of the Consolidated Fund. My question is, Should the Government have been able to pay this $5 million when it came due, when the accounting was done at the end of the quarter, out of the economic activity that it would have been generated over the course of the last three years?
[Crosstalk ]
Bermuda House of Assembly QUESTION 2: AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I am going to move on with my question b ecause I know clearly the answer is none. It hasn’t. So I am going to ask the second question, Mr. Speaker. The second question is, How much pandemic insurance has the Government put in place for conti ngencies when they closed the airport in March of 2020 ?
The SpeakerThe SpeakerMinister. Hon. Neville S. Tyrrell: I thank the Opposition Member for the question. The airport was not closed. Hon. Patricia J. Gordon -Pamplin: How much contingency — Hon. Neville S. Tyrrell: Mr. Speaker, the airport still remained open t o traffic. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, just for …
Minister.
Hon. Neville S. Tyrrell: I thank the Opposition Member for the question. The airport was not closed.
Hon. Patricia J. Gordon -Pamplin: How much contingency — Hon. Neville S. Tyrrell: Mr. Speaker, the airport still remained open t o traffic. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, just for clarity, and maybe I was just misunderstood, but the revenues that come into Skyport would be generated from, not just private aircraft, but also commercial aircraft. Commercial aircraft were stopped in March of 2020, or thereabouts, other than the few small flights —(few in number) flights that came in for speci fic purposes. So my question was, knowing that there were going to be significant revenue shortfalls, did the Government put in plac e any pandemic insurance that would have taken account for the contingencies that would have arisen as a result of the failure to produce revenues while the airport was closed? That is my question.
The SpeakerThe SpeakerMinister. Hon. Patricia J. Gordon -Pamplin: It is the insurance I am asking about.
The SpeakerThe SpeakerMinister. Hon. Neville S. Tyrrell: Mr. Speaker, the Honourable Member’s question is a little deep. But let me say that we would have had to have bought that pandemic i nsurance prior. We cannot buy it af terwards. So we did not anticipate a pandemic, did we? Hon. Patricia J. …
Mr. Speaker.
The SpeakerSupplementary, yes. Hon. Patricia J. Gordon -Pamplin: The Honourable Member — Hon. Neville S. Tyrrell: And plus, Mr. Speaker — SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: The Honourable Member indicated that they did not anticipate a pandemic. Yet in the Premier’s statement yesterday to the public he said that he …
Supplementary, yes.
Hon. Patricia J. Gordon -Pamplin: The Honourable Member — Hon. Neville S. Tyrrell: And plus, Mr. Speaker —
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: The Honourable Member indicated that they did not anticipate a pandemic. Yet in the Premier’s statement yesterday to the public he said that he could not understand why a Government in an insurance jurisdict ion would fail to provide pandemic insurance. So my question is, three years ago when the Government came into office, would they not have brought in pandemic insurance, since they expected that way back in 2013 or 2014 that the previous Government would have had pandemic insurance? That shows the asininity, Mr. Speaker, of the statement. And that was the reason I asked the question. The Minister does not have to answer. The answer is no. There is no contingency insurance in place. And I understand — The S peaker: You do not need to— [Crosstalk]
The SpeakerThe SpeakerMember, you do not need to have a running conversation with yourself where you are as king questions, then answering questions. If you did not wish the Minister to answer them, don’t put the questions to the Minister. Have you concluded your questions, Member? Hon. Patricia J. Gordon -Pamplin: Well, …
Member, you do not need to have a running conversation with yourself where you are as king questions, then answering questions. If you did not wish the Minister to answer them, don’t put the questions to the Minister. Have you concluded your questions, Member?
Hon. Patricia J. Gordon -Pamplin: Well, the question, for clarity, is, How much pandemic insurance did the Government put in place when the airport went on minimal traffic since March of 2020? Wa s there any?
The SpeakerThe SpeakerThank you. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. Zane J. S. De Silva: Yes. The Honourable Member needs to withdraw that statement about asininity , Mr. Speaker. I think it is really out of order. Hon. Patricia J. Gordon -Pamplin: I am happy to withdraw that, Mr. Speaker. I do not …
Point of order.
POINT OF ORDER
Hon. Zane J. S. De Silva: Yes. The Honourable Member needs to withdraw that statement about asininity , Mr. Speaker. I think it is really out of order.
Hon. Patricia J. Gordon -Pamplin: I am happy to withdraw that, Mr. Speaker. I do not wish to be out of order in any way. I am happy to withdraw the stat ement. As opposed to asininity, may I say —
The SpeakerThe SpeakerThank you. Thank you, Member. 4576 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: —duplicity. Thank you, sir.
The SpeakerThe SpeakerAnd, Member, thanks for bringing it to my attention, because, actually, I actually missed it. I would have asked the Member to withdraw it, mysel f, had I caught it. Hon. Patricia J. Gordon -Pamplin: And I am happy to do so, Mr. Speaker. I apologise.
The SpeakerThe SpeakerOkay. Minister, would you like to answer the question? Hon. Neville S. Tyrrell: Mr. Speaker, first of all let me say that we were told that we would never have to pay this minimum revenue in the first instance anyway. We could not have bought pandemic insurance because you cannot …
Okay. Minister, would you like to answer the question?
Hon. Neville S. Tyrrell: Mr. Speaker, first of all let me say that we were told that we would never have to pay this minimum revenue in the first instance anyway. We could not have bought pandemic insurance because you cannot do it . . . after the fact! I mean, that is the only answer I can give her. Hon. Patricia J. Gordon -Pamplin: Clarity, Mr. Speaker.
The SpeakerThe SpeakerAll right. I think you have asked your two questions, your supplementary. Hon. Patricia J. Gordon -Pamplin: No, for clarity. The Minister has just answered my question; he has not answered the question that I asked. So I do need clarity, please, sir.
The SpeakerThe SpeakerYou would like clarity on— [Crosstalk] Hon. Patricia J. Gordon -Pamplin: Yes, please. When the Minister said that he could not get pandemic insurance after the fact, my question was not in relation to after the fact. My question was in r elation to when they came into Government. And …
You would like clarity on—
[Crosstalk]
Hon. Patricia J. Gordon -Pamplin: Yes, please. When the Minister said that he could not get pandemic insurance after the fact, my question was not in relation to after the fact. My question was in r elation to when they came into Government. And that is just in keeping with the public statement that was made yesterday. That was why I was asking for clar ity.
The SpeakerThe SpeakerYou are basically asking why, when they came into G overnment, when we did not know there was going to be a pandemic? Hon. Patricia J. Gordon -Pamplin: Yes.
The SpeakerThe SpeakerI think that is self -explanatory almost. Hon. Zane J. S. De Silva: Supplementary, Mr. Speaker. Supplementary. [Crosstalk]
The SpeakerThe SpeakerSupplementary? Hon. Zane J. S. De Silva: Yes. I have a supplementary for the Minister.
The SpeakerThe SpeakerYes. SUPPLEMENTARY Hon. Zane J. S. De Silva: Minister, with regard to the question from the Honourable Member Gordon-Pamplin with the regard to the pan demic insurance, do you think that the former OBA Government should have made sure that when they struck this deal with the airport that that …
Yes.
SUPPLEMENTARY
Hon. Zane J. S. De Silva: Minister, with regard to the question from the Honourable Member Gordon-Pamplin with the regard to the pan demic insurance, do you think that the former OBA Government should have made sure that when they struck this deal with the airport that that that insurance should have been in place?
Hon. Neville S. Tyrrell: Honourable Member, thank you for the question. And the answer is a simple yes. That is my answer.
The SpeakerThe SpeakerThank you, Members. Are there any other questions for — Hon. Patricia J. Gordon -Pamplin: I have another question, Mr. Speaker.
The SpeakerThe SpeakerYou have had — Hon. Patricia J. Gordon -Pamplin: And that is, in light of—
The SpeakerThe SpeakerThis is your third question because the others were all supplementaries. [Crosstalk]
The SpeakerThe SpeakerSo this is question number three. QUESTION 3: AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES Hon. Patricia J. Gordon -Pamplin: Yes, sir. My third question: In light of the Minister’s r esponse to his Member’s question as to whether this insurance ought to have been put in place when the airport …
So this is question number three.
QUESTION 3: AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES Hon. Patricia J. Gordon -Pamplin: Yes, sir. My third question: In light of the Minister’s r esponse to his Member’s question as to whether this insurance ought to have been put in place when the airport agreement was made, my question is, under the insurance . . . in the i nsurance industry, exposures and risks are taken into account at varying points in time. Has the Government in examining closely —
The SpeakerThe SpeakerCan you simplify the question; make it clearer so it is not so long and run- on? Hon. Patricia J. Gordon -Pamplin : I need to put it in context. I need to put it in context. Has the Government, once they were revie wing the contract, once they came …
Can you simplify the question; make it clearer so it is not so long and run- on? Hon. Patricia J. Gordon -Pamplin : I need to put it in context. I need to put it in context. Has the Government, once they were revie wing the contract, once they came into office, did they
Bermuda House of Assembly then determine that insurance would have been needed in the event that we had extenuating circumstances that may have challenged the responsibility to make a payment?
The SpeakerThe SpeakerMinister. Hon. Neville S. Tyrrell: Mr. Speaker, we could not have added it at the time. There was no variation r equired, no variation clause in the agreement. So the Honourable Member should have understood that. Hon. Patricia J. Gordon -Pamplin: Supplementary,
Mr. Speaker.
The SpeakerSupplementary. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Yes. I am not tal king about a variance of the agreement. I am asking whether . . . An insurance policy for risk can come ex post facto once a risk has been identified and eva luated. So my question is, Has …
Supplementary.
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: Yes. I am not tal king about a variance of the agreement. I am asking whether . . . An insurance policy for risk can come ex post facto once a risk has been identified and eva luated. So my question is, Has there been any conti ngent liability insurance that may have been taken out subsequent to the looking into the contract, the 20 binders that the Premier indicated? Was there an ything there that would have triggered that there may be a possibility for a contingency payment to be made on a contingent basis . . . was there any insurance that was taken out? That was the simple question.
The SpeakerThe SpeakerMinister. Hon. Neville S. Tyrrell: Mr. Speaker, the answer is no.
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. That is perfectly satisfactory. Hon. Neville S. Tyrrell: Thank you.
The SpeakerThe SpeakerBefore we move on to the next speaker—
The SpeakerThe SpeakerWould you like to put your supplementary? SUPPLEMENTARY
Mr. Hubert (Kim) E. SwanYes. I would like to ask the Honourable Minister, in his opinion does he feel the contract benefited the people of Bermuda? Or did it benefit the Aecon and all the principals listed in the contract to the exclusion of Bermudians?
The SpeakerThe SpeakerMinister. Hon. Neville S. Tyrrell: Mr. Speaker, three years down the road, I can say that it does not appear that that was so.
The SpeakerThe SpeakerThank you. Members, it has gone one o’clock. I would ask that the Premier rise right now so we could adjourn for lunch. We will come back at two o’clock and complete the last roughly 20 minutes of the Question Period. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. …
Thank you. Members, it has gone one o’clock. I would ask that the Premier rise right now so we could adjourn for lunch. We will come back at two o’clock and complete the last roughly 20 minutes of the Question Period.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until two o’clock for lunch.
The SpeakerThe SpeakerMembers, the House now stands adjourned until two o’clock, at which time we will come back and conclude the Question Period. The House is now adjourned. You can mute your microphones and videos. Proceedings suspended at 1:00 pm Proceedings r esumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, …
The SpeakerThe SpeakerMembers, it is now 2:00 pm and we are going to resume our session. We finished this morning in the midst of the Question Period. W e had 21 minutes left on the clock and we were about to ask the questions to Minister Burch, in reference to his Stat …
Members, it is now 2:00 pm and we are going to resume our session. We finished this morning in the midst of the Question Period. W e had 21 minutes left on the clock and we were about to ask the questions to Minister Burch, in reference to his Stat ement. Minister Burch, there is a Member who wants to put a question to you in reference to your Stat ement on the Water and Waste Master P lan and it is from the Opposition Leader. Opposition Leader, would you like to put your question now? Opposition Leader?
[Feedback]
The SpeakerThe SpeakerHonourable Member? I do not see where he has come back on. We are going to move on. 4578 24 July 2020 Official Hansard Report Bermuda House of Assembly The next Statement that a Member has a question on is for the Minister of Health. Minister of Health, you have …
Honourable Member? I do not see where he has come back on. We are going to move on. 4578 24 July 2020 Official Hansard Report
Bermuda House of Assembly The next Statement that a Member has a question on is for the Minister of Health. Minister of Health, you have a question from the Member from constituency 23. Honourable Member, would you like to put your question?
Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker . Can you hear me because I am away from my —
The SpeakerThe SpeakerYes, I can. QUESTION 1: COVID -19 UPDATE Hon. Patricia J. Gordon -Pamplin: Great, thank you, sir. Mr. Speaker, unfortunately, I do not have the Statement in from of me now, but if the Minister in terms of her Statement (it is on page 7, but I do not have …
Yes, I can.
QUESTION 1: COVID -19 UPDATE
Hon. Patricia J. Gordon -Pamplin: Great, thank you, sir. Mr. Speaker, unfortunately, I do not have the Statement in from of me now, but if the Minister in terms of her Statement (it is on page 7, but I do not have the actual words), in terms of the testing supplies, could the Minister advise whether, aside from the traditional established procurement companies, did any Bermudian entrepreneurs have the opport unity to be included in the sourcing process for PPEs?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Yes, thank you, Honourable Member for that question. In addition to us procuring PPE supplies from overseas, from as far away as China, we did use local companies, local vendors, which also provided quite a number of the supplies, including hand sanitisers and PREempt wipes. …
Minister.
Hon. Kim N. Wilson: Yes, thank you, Honourable Member for that question. In addition to us procuring PPE supplies from overseas, from as far away as China, we did use local companies, local vendors, which also provided quite a number of the supplies, including hand sanitisers and PREempt wipes. So, the local vendors that provide medical supplies, we used those.
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: Thank you, I have a supplementary.
The SpeakerThe SpeakerA supplementary? Yes. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Supplementary on the local vendors. Were they the established companies from which we would normally procure, like the Atlantic Medical, or wer e there any small entrepreneurial ve ntures that came to the fore during this sourcing pr ocess?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Yes, the majority . . . they were local vendors that were utilised that were existing supply companies that we procured our PPE from. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —
The SpeakerThe SpeakerSupplementary? Hon. Patricia J. Gordon -Pamplin: Maybe my question was not clear — Hon. Kim N. Wilson: Actually, there was one actual local person that assisted with procuring s ome supplies as well. Hon. Patricia J. Gordon -Pamplin: Okay, that probably answers my question. Thank you. I do have a …
The SpeakerThe SpeakerSecond question. QUESTION 2: COVID -19 UPDATE Hon. Patricia J. Gordon -Pamplin: Yes. What was procured and what were the comparative prices? Hon. Kim N. Wilson: We procured surgical masks, N95 masks, face shields, swabs, gloves, thermom eters, infrared thermometers, digital thermometers. Like I said previously, we worked closely with …
Second question.
QUESTION 2: COVID -19 UPDATE
Hon. Patricia J. Gordon -Pamplin: Yes. What was procured and what were the comparative prices? Hon. Kim N. Wilson: We procured surgical masks, N95 masks, face shields, swabs, gloves, thermom eters, infrared thermometers, digital thermometers. Like I said previously, we worked closely with the commercial director of BHB because they, obv iously, have far more expertise than we do at the Mi nistry for procuring large scaled items —large volume items. So, we worked directly with him, who had not only the availability of resources through his own associates, through companies that he was accustomed to doing large bulk orders from, but also so that we could utilise their systems as it related to paying for items because many of the items the suppliers would not . . . were required to be paid up front. And, as you can apprec iate, it would have taken a little bit longer for us to go through all of the steps to get the money overseas, so we utilised payments through BHB and then reimbursed them accordingly.
Hon. Patricia J. Gordon -Pamplin: Thank you. I have a supplementary.
The SpeakerThe SpeakerYes, your supplementary? SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Yes, from the pr ocurement from the non- traditional (if I may put it that way) entrepreneurs, could the Minister give us an i ndication as to the comparative prices of the items that were procured?
The SpeakerThe SpeakerHonourable Minister. Bermuda House of Assembly Hon. Kim N. Wilson: Yes. So, for example, for some of the masks, the N95 masks, they ranged in cost between $4 and $11 and we were able to secure them for $4 and change. Hon. Patricia J. Gor don-Pamplin: A second supplementary.
The SpeakerThe SpeakerYes. Hon. Patricia J. Gordon -Pamplin: Does that obtain to all of the items? The Minister spoke about PPE, she spoke about masks, gloves, you know, all kinds of equipment, so, I am just wondering whether this cost differential was manifested throughout all of the pr ocurement by the smaller …
Yes.
Hon. Patricia J. Gordon -Pamplin: Does that obtain to all of the items? The Minister spoke about PPE, she spoke about masks, gloves, you know, all kinds of equipment, so, I am just wondering whether this cost differential was manifested throughout all of the pr ocurement by the smaller entrepreneur in this process?
Hon. Kim N. Wilson: Yes, we . . . there were ranges of prices that we used to secure these items. They all ranged and we, of course, took st eps to ensure that we could get the best price. However, also recogni sing how we could get access to them, because some of the items that might have been the best price might have been in some area of China that would have taken us forever to get. Hon. Pa tricia J. Gordon -Pamplin: All right. That a nswers my question. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Thank you, Minister. Minister, there are no more questions for you. The next Statement that there are questions for are for the Minster of National Security. [Crosstalk]
The SpeakerThe SpeakerYour microphone, Minister Wilson. Minister Ming, you have a question from MP Smith. MP Smith, would you like to put your question? QUESTION 1: ROYAL BERMUDA REGIMENT COAST GUARD UPDATE
Mr. Ben SmithYes, thank you, Mr. Speaker. First of all, I would like to join the Minister in thanking the Coast Guard that has done a really good job during the period that was unexpected for the start of when the Coast Guard was implemented in Febr uary. O bviously, this was …
Yes, thank you, Mr. Speaker. First of all, I would like to join the Minister in thanking the Coast Guard that has done a really good job during the period that was unexpected for the start of when the Coast Guard was implemented in Febr uary. O bviously, this was not the kind of run up that they would be looking for. But, congratulations to them for the way they have stepped up and the hard work they have done. Can the Honourable Minister let us know what the impact of operating under the auspic es of the Bermuda Police Service’s Special Constable pr ogramme has on operations?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Just for the clarity on that, Mr. Speaker, is he asking for the impact in terms of nu mbers or relationship? I am just unclear which impact you are looking to get.
The SpeakerThe SpeakerMember, could you just provide some clarity to your question for the Minister?
Mr. Ben SmithYes, Mr. Speaker. So, in the Statement the Minister points out that the Coast Guard is working under the rules of t he Bermuda Police Service’s Special Constable [pr ogramme], so I am just asking whether there was any specific impact on them operating when they are using that instead …
Yes, Mr. Speaker. So, in the Statement the Minister points out that the Coast Guard is working under the rules of t he Bermuda Police Service’s Special Constable [pr ogramme], so I am just asking whether there was any specific impact on them operating when they are using that instead of what would be the Coast Guard rules, if those changes had been made already?
The Spe aker: Minister.
Hon. Renee Ming: Surely. The impact is definitely one that has allowed the Coast Guard officers to actually work. So, when you say “the impact,” I am going to take it as being a positive impact because during the . . . for the last five months, one of the things I mentioned in my Stat ement are the benefits that we have gained from hav-ing the Coast Guard. And then, being a special officer allowed them to, not just go out on the water and kind of call the police, they were given the Special C onstable status as well.
The SpeakerThe SpeakerYes. Put a supplementary. SUPPLEMENTARY
Mr. Ben SmithSo, will they continue in that capacity without the emergency order, or does that change? Hon. Renee Ming: I believe that they w ill continue in the capacity, but I will definitely clarify that for you, MP Smith.
The SpeakerThe SpeakerSecond question, go ahead. 4580 24 July 2020 Official Hansard Report Bermuda House of Assembly QUESTION 2: ROYAL BERMUDA REGIMENT COAST GUARD UPDATE
Mr. Ben SmithYes. So, the soldiers that are in the Coast Guard are part -time soldiers. Can the Minister give us an indication of the difference in the budget with the soldiers who are part of the Coast Guard and the supplemental group that is coming in from the police? So, [what …
Yes. So, the soldiers that are in the Coast Guard are part -time soldiers. Can the Minister give us an indication of the difference in the budget with the soldiers who are part of the Coast Guard and the supplemental group that is coming in from the police? So, [what is] the difference in cost that, obviously, happens by paying a part -time soldier who is not going to have the same benefits as a police officer? Hon. Renee Ming: Mr. Speaker, I would have to get that answer for you because that is a budgetary item and I would not have that right off the top of my head.
QUESTION 3: ROYAL BERMUDA REGIMENT COAST GUARD UPDATE
Mr. Ben SmithThank you. And just a final question. The Minister points out the age of the boats and that, potentially, there was going to be budget changes to bring in more boats. Can the Minister give us an indication of any impact of using 30- year-old boats at the level that …
Thank you. And just a final question. The Minister points out the age of the boats and that, potentially, there was going to be budget changes to bring in more boats. Can the Minister give us an indication of any impact of using 30- year-old boats at the level that we are having to use them to police the waters, knowing that the budg et is probably not going to be able to pay for them for quite some time, with all the changes that have happened for COVID?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Surely, Mr. Speaker. I would imagine that the impact is probably that it is very high mai ntenance and so that would be the reason why they are asking to kind of replenish their fleet. You are actually correct, there may be budgetary constraints, but it …
Minister.
Hon. Renee Ming: Surely, Mr. Speaker. I would imagine that the impact is probably that it is very high mai ntenance and so that would be the reason why they are asking to kind of replenish their fleet. You are actually correct, there may be budgetary constraints, but it is something that we will look at because we recognise the age of the vessels.
SUPPLEMENTAR Y
Mr. Ben SmithAnd, Mr. Speaker, just a supplementary to that. Is there potentially an increase in cost of maintaining a much older boat than, obviously, a new boat that would be more efficient in how it is using fuel and all the other pieces that go along with it? Hon. Renee Ming: …
The SpeakerThe SpeakerGo ahead. Hon. Renee Ming: Yes. I would think that a new boat is definitely more efficient. If you have a boat that is 30 years old versus a boat that is built within this year, you would definite ly see efficiencies. You may even, in shopping for a new …
Go ahead.
Hon. Renee Ming: Yes. I would think that a new boat is definitely more efficient. If you have a boat that is 30 years old versus a boat that is built within this year, you would definite ly see efficiencies. You may even, in shopping for a new boat, look for those efficiencies, whether they be solar, diesel ––I mean, you have other things that you can use nowadays to make the vessel more efficient. So, I think the answer to your question i s yes, something new would be. But the older model would definitely be [requiring] more maintenance, yes, at this time.
The SpeakerThe SpeakerOh! Hon. L. Craig Cannonier: Mine, as well.
The SpeakerThe SpeakerMr. Simons, you had Education questions.
The SpeakerThe SpeakerThat is right. Sorry about that. Honourable Member, would you like to put your question to the Minister? QUESTION 1: BERMUDA COLLEGE AUDITED STATEMENTS 2018 AND 2019
Mr. N. H. Cole SimonsThank you. First of all, I would like to congratulate Berm uda College on its clean audit. So, my question is this, the Minister indicated that there is no long- term debt attached to the college’s financials, so my question is, Has the college considered looking at some financing from …
Thank you. First of all, I would like to congratulate Berm uda College on its clean audit. So, my question is this, the Minister indicated that there is no long- term debt attached to the college’s financials, so my question is, Has the college considered looking at some financing from the privat e sector to reduce its dependency on the government grants going forward?
The SpeakerThe SpeakerMinister. Hon. Diallo V. S. Rabain: Yes, Mr. Speaker, and thank you for that question, Mr. Simons. At present there have not been any discussions about the reduction of the grant moving forward, but I thank you for that question and it is something that I will bring up in …
Minister.
Hon. Diallo V. S. Rabain: Yes, Mr. Speaker, and thank you for that question, Mr. Simons. At present there have not been any discussions about the reduction of the grant moving forward, but I thank you for that question and it is something that I will bring up in the next quarterly meeting that I do have with the president and the chairman of the board, now that we do have the financials in front of us.
Mr. N. H. Cole SimonsThe audited report indicated an increase of 39 — [Crosstalk] The Spe aker: Minister Ming, your microphone is still on. [Crosstalk]
The SpeakerThe SpeakerYes. Minister Ming. I brought it up . . . QUESTION 2: BERMUDA COLLEGE AUDITED STATEMENTS 2018 AND 2019
Mr. N. H. Cole Simon sOkay. My second question. The report indicates a 39.3 per cent increase in receivables, bringing the number to $868.913[,000]. Can the Minister provide any details in regard to why the receivables increased by 39.3 per cent? Hon. Diallo V. S. Rabain: At this time, Honourable Member, I cannot provide details …
Okay. My second question. The report indicates a 39.3 per cent increase in receivables, bringing the number to $868.913[,000]. Can the Minister provide any details in regard to why the receivables increased by 39.3 per cent?
Hon. Diallo V. S. Rabain: At this time, Honourable Member, I cannot provide details on what makes up that number, but I will endeavour to get that information for you. It is a little difficult, at the current m oment, as the college, or most of the executives at the college are on v acation for this week and then Cup Match week, but I will reach out to the acting president and get that information for you.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARY
Mr. N. H. Cole SimonsCan the Minister al so provide details on their account receivables management pr ogramme? Hon. Diallo V. S. Rabain: I will endeavour to provide that as well.
The SpeakerThe SpeakerThank you. Hon. L. Craig Cannonier: Yes, Mr. Speaker. The Speaker: Oh, it is Opposition Leader, we had called on you earlier, but we were not getting any r esponse from you. Hon. L. Craig Cannonier: Yes, my apologies. I was having trouble earlier. But since I missed the —
The SpeakerThe SpeakerWould you like to put your question to the Minister of Works now? Hon. L. Craig Cannonier: Oh, I can go back to that? Yes?
The SpeakerThe SpeakerDid you have a question for anything else? Hon. L. Craig Cannonier: Yes. I did.
The SpeakerThe SpeakerFor the Minister of Education? Hon. L. Craig Cannonier: Since we only have a couple of minutes, Mr. Speaker, I think seven minutes, I will go to the last Statement that was given by the Honourable Wayne Furbert on procurement?
The SpeakerThe SpeakerYes. QUESTION 1: PUBLIC PROCUREMENT POLICY UPDATE Hon. L. Craig Cannonier: Thank you. Thank you, Mr. Speaker. I do not know if my video is on or not, but anyhow. On page 5 the Honourable Member speaks and say s the intermediate value procurement thres hold has increased to values …
Yes.
QUESTION 1: PUBLIC PROCUREMENT POLICY UPDATE
Hon. L. Craig Cannonier: Thank you. Thank you, Mr. Speaker. I do not know if my video is on or not, but anyhow. On page 5 the Honourable Member speaks and say s the intermediate value procurement thres hold has increased to values of $100,000 to $249,999. I just wanted to find out from the Honourable Member, ––procurement has always been one of those areas that, I think, needed a lot of attention ––what was some o f the thinking behind these increases?
Hon. Wayne L. Furbert: Thank you, Opposition Leader Cannonier. The real reason why is because of the ineff iciencies within the actual getting things done. We compared ourselves with other jurisdictions, such as the Cayman Islands, which everybody is quite familiar with, we compared ourselves with the UK and other jurisdictions, and found out that our thresholds were really too low. You may be aware that when you were Mini ster, there were things under $1,000—
Hon. L . Craig Cannonier: Yes.
Hon. Wayne L. Furbert: —so, the whole process was slowed up. So, we did a total review, worked with the director of OPMP and then we came to the conclusion that we should lift the thresholds. 4582 24 July 2020 Official Hansard Report
Bermuda House of Assembly Hon. L. Craig Cannonier: Okay. Thank y ou very much. Second question?
Hon. Wayne L. Furbert: Sure.
The SpeakerThe SpeakerSecond question or supplementary? Second question? Hon. L. Craig Cannonier: Second question, yes.
The SpeakerThe SpeakerGood. QUESTION 2: PUBLIC PROCUREMENT POLICY UPDATE Hon. L. Craig Cannonier: Over on page 11, the Honourable Member speaks to small business and trying to do better with the procurement process and making sure that there is a decent matrix, including disability, gender, race and the likes. And, of course, …
Good.
QUESTION 2: PUBLIC PROCUREMENT POLICY UPDATE Hon. L. Craig Cannonier: Over on page 11, the Honourable Member speaks to small business and trying to do better with the procurement process and making sure that there is a decent matrix, including disability, gender, race and the likes. And, of course, I recognise these all, having been the Minister and trying to find some equity and equality in how we [mete] them out. But I guess the question I have is, specifically towards businesses that are run and owned by wom-en, what in the matrix is there now to help with that process? Because when I was the Minister, we were having challenges where women were putting forth good bids, but it seemed as if they were not getting a fair share of some of the business —painting and the likes.
Hon. Wayne L. Furbert: Understandable, and that is why we are dealing with it. So, in our matrix now, O pposition Leader Cannonier, is: Does this business owner qualify under section 3.2, which speaks of the government’s aims. So, the Government’s aim is, is this business predominantly 51 per cent f emale? Is it predominantly disabled? Is it based on gender? Where it is as far as race? And so, they will get a base on the mark . . . you will get a mark 5 if, let us say, you and I, or you are competing against the female, and the female may get a 5 because the females have been more disadvantaged than males in the past and you may end up with a 3, just to use an example. So, and that is worth 30 per cent when it comes to percentage of Bermudians employed by the bidder, number of Bermudians as a bidder i n a spec ified business, so there are about 1, 2, 3, 4, 5 . . . about 8 questions we ask in that category. And because, as I said, they will get more points by doing that. So, the matrix gives them a better chance of getting in, or it will now than they had in the past. But now we also have to identify to ensure that we are actually measuring. So, the Accountant General, just like we have a small business, I think the Accountant General now puts a 1 for specified business. So, we may have a 2 for females. S o, it will be in the actual accounts so when you print off 2, you will see how many female businesses actually got work from the Government.
Hon. L. Craig Cannonier: Supplemental.
The SpeakerThe SpeakerFurther questions? Supplementary? Hon. L. Craig Cannonier: Supplementary.
The SpeakerThe SpeakerGo ahead. SUPPLEMENTARY Hon. L. Craig Cannonier: Considering the Honour able Member speaking about the matrix, if I could use a little example then of trying to understand how OPMP is helping with making these decisions, just recently we had a dock in St. George’s taken down, which was an …
Go ahead.
SUPPLEMENTARY Hon. L. Craig Cannonier: Considering the Honour able Member speaking about the matrix, if I could use a little example then of trying to understand how OPMP is helping with making these decisions, just recently we had a dock in St. George’s taken down, which was an illegal dock put up, and it only cost $2,000 or $2,200 compared to some of the other bids. So what in the matrix allows for a large company to be able to do . . . like a small job, like a dock , you know, rather than a small business getting it, we are giving it to a large business when we are trying to improve the lot of small business?
Hon. Wayne L. Furbert: So, the criteria or the matrix is broken up into three parts —experience and capabi lity; financial analysis such as pricing and everything else; and another one is socio- economics and env ironmental. So, that allows a small business who can get pretty well 30 per cent by doing that. And that is what can make a difference between a larger com pany and a smaller company. And it is starting to work out, I can tell you that. As a matter of fact, I am looking at changing it. Right now the total effort to 100 per cent —40 for experience and capability; 30 per cent for financial analysis; and 30 per cent for socio- economic and environment . . . to even give a better look, I am revie wing that right now to see whether that 30 per cent should go to 40 per cent or 35 per cent, even giving them a greater chance.
Hon. L. Craig Cannonier: Yes, okay, yes.
Hon. Wayne L. Furbert: And by the way, it is not part of OPMP, the actual department actually goes through the matrix themselves and they present that to OPMP.
Hon. L. Craig Cannonier: Okay. That is right, that is right. Yes, but it is . . . well, I cannot comment. All right, it is not a question. Okay.
The SpeakerThe SpeakerAny further question or supplementary? Hon. L. Craig Cannonier: No, thank you for that, Mr. Speaker. Bermuda House of Assembly The Speaker: There are none. That brings to a close the Question Period and exactly right on time. We started at 12:22 pm, it is now 2:23 pm and that …
Any further question or supplementary? Hon. L. Craig Cannonier: No, thank you for that, Mr. Speaker.
Bermuda House of Assembly The Speaker: There are none. That brings to a close the Question Period and exactly right on time. We started at 12:22 pm, it is now 2:23 pm and that closes us out. The next item on the Order Paper this mor ning would be that of Congratulatory and Obituary Speeches.
CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member to wi sh to speak to that as I set up the clock? Hon. Lovitta F. Foggo: I would like to speak, Mr. Speaker.
The SpeakerThe SpeakerWe recognise the Minister of . . . of Youth. Minister. Hon. Lovitta F. Foggo: Minister of Community Affairs and Sports.
The SpeakerThe SpeakerCom munity, yes. I was just saying that you are a youthful Mini ster, see? Hon. Lovitta F. Foggo: Well, I accept that. I will accept that, especially those of us who are clad in blue and blue, definitely.
The SpeakerThe SpeakerWell. Hon. Lovitta F. Foggo: Mr. Speaker, I am happy to speak today to say a big congratulatory Happy Birt hday to Mr. Brownlow Place, who, on this very day —
The SpeakerThe SpeakerHe is 104 today, if I am correct. Hon. Lovitta F. Foggo: That is right. He is turning 104. In fact, we had the pleasure of being able to meet with him this morning and to take pictures. And I can say to honour his birthday the Ministry, in conjunction …
He is 104 today, if I am correct.
Hon. Lovitta F. Foggo: That is right. He is turning 104. In fact, we had the pleasure of being able to meet with him this morning and to take pictures. And I can say to honour his birthday the Ministry, in conjunction with CITV, will at 11:00 am and 5:00 pm t oday, tomorrow and Sunday, are airing an interview that we did with Mr. Place. Mr. Sp eaker, we have to celebrate our seniors, and particularly those who make it over 100, make it to 100 and make it over 100. And, indeed, Mr. Place is of sound mind, has a very youthful spirit, is a joy to speak with, he walks every day down at Clearwater, and we could not let this day go past without honouring him. And so, Mr. Speaker, I thought I would jump to the opportunity to tell all of Bermuda to stand with us and to recognise Mr. Brownlow Place on his birt hday, his 104 th birthday. Thank you, Mr. Spe aker. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I —
The SpeakerThe SpeakerWas it correct that you all were having keeping it up with him at his pace? [Laughter]
The SpeakerThe SpeakerThank you, Minister. I heard another voice that would like to make a contribution this afternoon. Is that the Honourable— Hon. Wayne L. Furbert: Mr. Speaker, Mr. Speaker —
The SpeakerThe SpeakerI heard a female voice at first. Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker, I was just asking that the whole House be associated.
The SpeakerThe SpeakerOh, the whole House be supportive of the remarks towards Mr. Place? Hon. Patricia J. Gordon -Pamplin: Yes.
The SpeakerThe SpeakerYes. Hon. Patricia J. Gordon -Pamplin: Yes, sir. Thank you.
The SpeakerThe SpeakerNo problem. Hon. Wayne L. Furbert: Mr. Speaker, Mr. Speaker —
The SpeakerThe SpeakerYes? Hon. Wayne L. Furbert: Wayne Furbert.
The SpeakerThe SpeakerYes, Minister Furbert. Hon. Wayne L. Furbert: Mr. Speaker, I would like to, as the Member just said, I would like to also be ass ociated with Mr. Place. That is truly a mark that som e of us would like to get to, 104, that is a long time. …
Yes, Minister Furbert.
Hon. Wayne L. Furbert: Mr. Speaker, I would like to, as the Member just said, I would like to also be ass ociated with Mr. Place. That is truly a mark that som e of us would like to get to, 104, that is a long time. But Mr. Speaker, today my heart is heavy as a good woman has passed in Hamilton Parish. I speak of no other than Ms. Venetta Outerbridge. Ms. Outer-bridge, formerly a Steede, was my cousin, a very close cousin, Mr. Speaker, and a person I loved very much. She was a matriarch in her family. I recall, as a young boy, everyone in the neighbourhood was a family. We all were family in that little neighbourhood that I lived in. We all played in each other’s yards. Ms. Outerbridge loved her family, was very sober -minded, kind and a worker at home. Her life reminds me of many things in the Bible regarding the character of a good woman. She was intelligent and reverent and her adornment was in the incorruptible apparel of the meek and quiet spirit, which is, in the sight of God, of great price. 4584 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Outerbridge and the Furbert family —of course, I said Ms. Outerbridge was also a Steede, have been close to each other. We lived close to each other. Mr. Speaker, t he journey of cousin Venetta is done and the summit attained. She may be gone from our midst, but she is not gone from our hearts. Cousin, we will always remember you, though you are no more here. Her legacy remains alive with us and our families. Her son, most of you may know, is the former director of Workforce Development, Mr. George Outerbridge. She was a mother like no other mother. She was unique in her ways. She lived her life the best she could. She ran the race God set before her. We are sad that s he is no longer here. However, we will celebrate her memory. So, we will meet again, cousin, rest in the Lord’s bosom. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Hon. Derrick V. Burgess, Sr.: Mr. Speaker —
The SpeakerThe SpeakerDoes any other Honourable Member wish to speak? I recognise the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks for Ms. Venetta Steede Outerbridge, who was, yes, the mother of …
Does any other Honourable Member wish to speak? I recognise the Deputy Speaker. Deputy Speaker, you have the floor.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks for Ms. Venetta Steede Outerbridge, who was, yes, the mother of George Outerbridge, the former Postmaster General and Director of Workforce Development. Also, the mother of Ida Burgess, the wife of Clyde, one of my cousins. Mr. Speaker, I would also like to associate myself with the remarks for Mr. Place. I normally see Mr. Place in church at St. Paul’s AME Church. I know many of us would like to have the amount of hair he has on his head and he is 104 and he has got some more hair than I have. So, Mr. Speaker, I wish Mr. Place many m ore years on this earth. Mr. Speaker, I would also like to send a congratulations to Mr. Gary Weller. He worked at Argus Insurance for 43 years and he has now retired. Those who know Gary Weller should know him as a gracious and jovial person. So, I wish Mr. Weller a good retirement and [INAUDIBLE] yesterday , and Take care of yourself, Gary . Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. An. Hon. Member: Mr. Speaker.
The SpeakerThe SpeakerYes. Honourable Member, you have the floor. Hon. Zane J. S. D e Silva: Is that me, Mr. Speaker?
The SpeakerThe SpeakerYes, go ahead. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like to send out congratulations to Mr. Edric Pearman, who lives in constit uency 2. He celebrated his 103rd birthday thi s past week, Mr. Speaker, and his daughter is my constit uent, …
Yes, go ahead. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like to send out congratulations to Mr. Edric Pearman, who lives in constit uency 2. He celebrated his 103rd birthday thi s past week, Mr. Speaker, and his daughter is my constit uent, Aleathea Rabain, that is Anthony Blade Rabain’s wife. And I think you know them quite well.
The SpeakerThe SpeakerMm-hmm. Hon. Zane J. S. De Silva: And he celebrated it, Mr. Speaker, by having a relaxed glass of wine and he received calls from his two sisters, one who is 98 and one who is 92 and, of course, he has eight children, he has grandchildren, he had got …
Mm-hmm.
Hon. Zane J. S. De Silva: And he celebrated it, Mr. Speaker, by having a relaxed glass of wine and he received calls from his two sisters, one who is 98 and one who is 92 and, of course, he has eight children, he has grandchildren, he had got great -grands and he even has great -great -grands, Mr. Speaker, as you can imagine. So, I wou ld like to certainly send out my co ngratulations to him for reaching this milestone and, of course, to his lovely daughter and her husband, Blade Rabain. Thanks very much.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to speak? Hon. Jeanne J. Atherden: Mr. Speaker, MP Atherden.
The SpeakerThe SpeakerYes. Honourable Member, continue. Hon. Jeanne J. Atherden: Do you need to see me?
The SpeakerThe SpeakerIt would be nice. Hon. Jeanne J. Atherden: Does that . . . does that . . . wait a minute. Does that come up okay?
The SpeakerThe SpeakerYes, there you go. Yes. Hon. Jeanne J. Atherden: All right. Mr. Speaker, I would like to have congratul ations sent to Venetta Pearman [sic] . Venetta, who is retiring after 40 years of being at the Bermuda Hosp itals Boar d. I think everybody who has been in contact …
Yes, there you go. Yes. Hon. Jeanne J. Atherden: All right. Mr. Speaker, I would like to have congratul ations sent to Venetta Pearman [sic] . Venetta, who is retiring after 40 years of being at the Bermuda Hosp itals Boar d. I think everybody who has been in contact with Venetta realises that she has enjoyed a phenomenal experience there, from going from radiographer to CEO. And I would like to think that, even though she is retiring, I know she has got some other irons in the fire. And I remember, especially, when as Minister of Health, we were cutting the ribbon with respect to the new wing at the hospital, but I also realise that I was Director for Finance at the hospital at one stage and Venetta, obviously, when she was in the radio gBermuda House of Assembly raphy department always set an exemplary attitude with respect to wanting to have the right things done and appreciating the fact that what the hospital does it is doing for Bermuda. So, I would like to say congratulations to her and I know —
Ms. Susan E. JacksonPlease associate me to Mrs. Symonds as well. This is Susan Jackson. Hon. Jeanne J. Atherden: Right. And I also know that she . . . I convinced her to get involved with the International Women’s Federation Forum and I know that she w ill have some other things on …
Please associate me to Mrs. Symonds as well. This is Susan Jackson.
Hon. Jeanne J. Atherden: Right. And I also know that she . . . I convinced her to get involved with the International Women’s Federation Forum and I know that she w ill have some other things on her plate. On a sad note, Mr. Speaker, I would like to have condolences sent to the family of the late Marion Grimes. Marion was the wife of the late Lloyd Grimes, and Lloyd used to work for my father and they were people who we always felt a close affinity with. And I know that her daughters will be saddened and I am saddened too. And I would like those condolences to be sent to her family. And with respect to Mr. Place, I remember I was Minister of Health, I think, when Mr . Place went 100 and I remember going down to his house and taking a balloon and some other things just to sort of . . . in recognition of the fact that he had achieved that milestone. And he ––not only [is] he a gentleman, but he always gave you that feeli ng that he could go for another 10 years. So, I hope he does and that we all live to be the age that he has with the spirit that he has. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member —
Mr. N. H. Cole SimonsI spoke to her the day before yesterday and I said to her, Ms. Edness, what did you do on your birthday? She said, I went for a swim. I went for a swim in Horseshoe. The Speaker: Mm-hmm. [Crosstalk]
Mr. N. H. Cole SimonsI said to her —Ms. Atherden would like to be associated with those comments. Hon. Jeanne J. Atherden: Thank you.
Mr. N. H. Cole SimonsI also asked her, Ms. Ednes s, how old did you go? She said, Oh, just 19 years old . I was . . . I mean, we howled and howled and howled and had a great laugh. She has a straight, strong voice, speaks clearly, and [is] very, very …
I also asked her, Ms. Ednes s, how old did you go? She said, Oh, just 19 years old . I was . . . I mean, we howled and howled and howled and had a great laugh. She has a straight, strong voice, speaks clearly, and [is] very, very m obile. So, I want to be like her. I would like to ass ociate myself with the comments made for by my colleague, [for] Mr . Edric Pearman as he is 103— he is part of my wife’s family. And Venetta Pearman, they are all related from St. George’s. I know Venetta. It was not easy, but she stuck in there, she achieve d the ultimate height within her career and I know that she has a well -deserved retirement. It could not have been easy, but she stuck to the wicket and delivered world- class services to the medical industry in this country. So, I wish her all the very bes t. I would like to associate my comments also with the comments made regarding Mr. Place, 104 years old. I know Mr. Place and Ms. Edness are good friends. I wonder if they share the same Dark ‘n Stormy because I know my friends, they like their Dark ‘n St ormy. So, on that note I would like to congratulate all of our seniors and wish them all the best and many more years to come. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerYes, it is afternoon. I wish we had done this in the morning, but it is afternoon now.
Mr. Hubert (Kim) E. SwanMr. Speaker, I would like to be associated with the congratulations going out to Mr. Edric Pearman on attaining . . . 4586 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Mr. Swan, we are losing you there.
The SpeakerThe SpeakerWe understand you are down in the East End and there is a little difficulty [with the] signal down there, but we seem to be losing you.
Mr. Hubert (Kim) E. Swan—by his [ INAUDIBLE] St. George’s. [INAUDIBLE] A hell of a nice fellow and I certainly will miss him [INAUDIBLE].
The SpeakerThe SpeakerWe caught most of it, the gist of it. Is there any other Member who would like to make a contribution? Any other Member? Hon. Neville S. Tyrrell: Mr. Speaker?
The SpeakerThe SpeakerYes, Honourable Member? Hon. Neville S. Tyrrell: Can I go ahead, please?
The SpeakerThe SpeakerYes. Hon. Neville S. Tyrrell: Mr. Speaker, I would like to associa te myself with two names that have already come up, Mr. Place. Mr. Place had family who lived on Union Street when I lived on Angle Street in my young days.
The SpeakerThe SpeakerTurn on your video, Member. Hon. Neville S. Tyrrell: I do apologise. And we, you know, would always have chats. We would always have chats. He was a very nice person. So, I wish him well and certainly as [Deputy] Burgess stated, I wish him many, many, more. I would …
Turn on your video, Member. Hon. Neville S. Tyrrell: I do apologise. And we, you know, would always have chats. We would always have chats. He was a very nice person. So, I wish him well and certainly as [Deputy] Burgess stated, I wish him many, many, more. I would also like to be associated with the comments for Ms. Myrtle Edness, who lives just up the road from my house on Southshore. Ms. Edness and her crew would go swimming here, as indicated earl ier, every morning and they would walk from her house up to Horseshoe Bay and back. And I had the opportunity of even seeing them going an d coming and I certainly wish her all the best as well. Mr. Speaker, I would also ask that condolences be sent to the family of the late Grace Virginia Manders. Ms. Manders was the mother of Dr. Kenneth Manders —
The SpeakerThe SpeakerYes. Hon. Neville S. Tyrrell : —of the Seventh- day Adventist convention.
The SpeakerThe SpeakerYes. Hon. Neville S. Tyrrell: And a very nice man who I got to meet and I certainly send condolences to the family. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerThat is a bright smile on your face this morning, I wonder what that is about. [Laughter]
Mr. Dennis Lister IIII will plead the fifth on that one, Mr. Speaker. Bermuda House of Assembly No, but yes, yes, Mr. Speaker, I would also like to associate with some of the comments before from Minister Tyrrell regarding Ms. Grace Manders as I would like to send condolences to her family. Her …
I will plead the fifth on that one, Mr. Speaker.
Bermuda House of Assembly No, but yes, yes, Mr. Speaker, I would also like to associate with some of the comments before from Minister Tyrrell regarding Ms. Grace Manders as I would like to send condolences to her family. Her son, Pastor Kenneth Manders, is the President of the Seventh- day Adventist Church of Bermuda and her grandsons I know very well. So, I would like to send condolences to the family of Ms. Manders. Also, I would like to send condolences to the family of Ms. Beatrice Jane Matthews, Mr. Speaker. Now, on a lighter note, earlier this week the Denton Hurdle A wards [Ceremony] was held, so I would like to send congratulations to all of those that received awards at the Denton Hurdle ceremony, Mr. Speaker. And lastly, I would like to give a congratul ations to Ms. Mia Currin, she is a cousin of mine, that just recently graduated from Mount Saint Agnes and, upon her graduating, she received the Principal’s Award for Perseverance and outstanding teams’ no minee for the categories of leadership and community services, and she is also a member of Youth Parli ament and s he will be pursuing her studies in hospital ity management at the Bermuda College. So, I would like to send congratulations out to Ms. Mia Currin. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerMr. Premier. Hon. E. David Burt: Thank you, Mr. Speaker.
The SpeakerThe SpeakerI had to let that young fellow go because he seemed like he something beaming between his eyes today, I do not know what for, but he was beaming all over his face and I let him go ahead of you today. Hon. E. David Burt: I understand, Mr. Speaker, …
I had to let that young fellow go because he seemed like he something beaming between his eyes today, I do not know what for, but he was beaming all over his face and I let him go ahead of you today.
Hon. E. David Burt: I understand, Mr. Speaker, and far be it for me to accuse you of keeping it in the fam ily. I guess I will say that I would like to, of course, start my remarks by extending, if it has not been extended yet, a hearty congratulations to the youngest Member of the House of Assembly, who is now a married man. Congratulations young Dennis Lister III! That is why we see the big smile on your face. Mr. Speaker, this afternoon it is certainly, and I did step out of the room, so if I need t o be associated with remarks, then I am happy to be so. But it is certainly with sadness that this Honourable House—and I will certainly associate all Members —to acknowledge the passing of Georgia Congressman, John Lewis.
The SpeakerThe SpeakerMm-hmm. Hon. E. Dav id Burt: John Lewis was a war hero and is rightly remembered as a constant voice for change and justice throughout the world. Bermuda joins the world in celebrating the life and legacy of this tireless freedom fighter. As a Congressman, John Lewis made tim e …
Mm-hmm. Hon. E. Dav id Burt: John Lewis was a war hero and is rightly remembered as a constant voice for change and justice throughout the world. Bermuda joins the world in celebrating the life and legacy of this tireless freedom fighter. As a Congressman, John Lewis made tim e to meet with visiting Bermuda delegations and could be counted on to support us through the strong relationship that we continue to enjoy with the Congressional Black Caucus. In his words, Mr. Speaker, Don’t hide from racism, deal with it. And that is w hat he used to describe his experiences as a leading civil rights activist in the United States as the guest speaker at the Pr ogressive Labour Party’s 27 th Annual Delegates Conference Banquet in 1994.
The SpeakerThe SpeakerYes. Hon. E. David Burt: The enduring nature of his call for justice and equality secures his legacy, and the world, more than ever, cannot ignore the principles that formed his life’s work. I express my sincere condolences to his family, especially his son and siblings, and to the people …
Yes.
Hon. E. David Burt: The enduring nature of his call for justice and equality secures his legacy, and the world, more than ever, cannot ignore the principles that formed his life’s work. I express my sincere condolences to his family, especially his son and siblings, and to the people with w hom and for whom he served. May he rest in power. And Mr. Speaker, I ask that the Honourable House of Assembly do send a letter of condolence to his family on behalf of Honourable Members. And finally, if I may, I would like to associate myself certainly with my fellow Somerset supporter and fellow member of the St. Paul AME Church, Mr. Place, as he celebrates another milestone, and I think it is 104. With that, Mr. Speaker, thank you.
The Spe aker: Thank you, Premier. Does any other Member wish to speak?
The SpeakerThe SpeakerYes, Honourable Member. You have the floor.
Mr. Christopher FamousMr. Speaker, good afternoon. The Premier stole my thunder. I wanted to congratulate the newest member of the Robin Hood Corner, Mrs . Dennis Lister III. I said to him, does she know what she’s in for? He said, Yes. So, she is now a member of the Robin Hood …
Mr. Christopher FamousMr. Speaker, I want to give condolences [to the family of] Mr. Karl Rance of Southshore Devonshire. He passed away recently. He was a member of constituency 11. And I want to turn—congratulations now —to Mr. Scott Pearman, who is now the CEO -in-training 4588 24 July 2020 Official Hansard …
Mr. Speaker, I want to give condolences [to the family of] Mr. Karl Rance of Southshore Devonshire. He passed away recently. He was a member of constituency 11. And I want to turn—congratulations now —to Mr. Scott Pearman, who is now the CEO -in-training 4588 24 July 2020 Official Hansard Report
Bermuda House of Assembly for the Bermuda Hospitals Board because, as you know, the ethos of this Government is Bermudian empowerment. Mr. Scott Pearman is from Spanish Point, but he says —he claims —
Mr. Christopher FamousYes, yes, yes, yes. He is also is the grandson of Mr. Kenneth Robinson. His momma is Mrs. Shirley Pearman, who is a great hist orian of Bermuda history and Berkeley history in parti cular. He is also on Go ld House, may I add.
Mr. Christopher FamousSo, with the retirement of Mrs. Venetta Symonds ,—not Ms. Pearman, as som eone said earlier —there was made a way, in a few years’ time, for another Bermudian to be CEO of our Hospitals Board. With that, Mr. Speaker, thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
Mr. Rolfe CommissiongThank you, Mr. Speaker. I would like to associate with the kind words and comments of the Premier. Mr. John Lewis, in particular, I hope we are going to be sending an official note of condolence to his family. While some of us may view Mr. Lewis as rightfully being …
Thank you, Mr. Speaker. I would like to associate with the kind words and comments of the Premier. Mr. John Lewis, in particular, I hope we are going to be sending an official note of condolence to his family. While some of us may view Mr. Lewis as rightfully being an icon of the American civil rights movement, we would be very myopic if we did not understand how that civil rights movement and anti -racism movement had significant impact here as well during that same period. It is all part of this diaspora. And his work will never go unnoticed, as a sort of final figure, one of the last figures who has now passed away, who walked with the g iants of our movement, dare I say. Moving forward, I want to congratulate Mr. Place. And I am not even going to have to change the topic here because many of the younger people will not understand the role that his family and the great contributions they have made to Black Bermudian and, by that, Bermudian life, in terms of their involv ement, his father, with the [Bermuda] Recorder newspaper. At a t ime when freedom of speech was a real privilege and a luxury in Bermuda for Black Bermudians, that family, led by their father, had the presence of mind and the courage to put his money where his mouth was, along with, I guess, other partners in the exerci se to establish the Recorder newspaper. And so, Mr. Place, having going on to 104 years old, I want to congratulate him. I love him as I am sure many of the Members here will echo my comments in that r egard, and I wish him another 100 years, Mr. Speaker. Thank you so much.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerWell, as long as you do not repeat the first part of what you did, we will allow you to finish your final comments.
Mr. Hubert (Kim) E. SwanMr. R ichard (Blimp) Brangman, I want to send condolences to his family, the Brangman family in St. George’s and his many friends, Mr. Speaker. He was a dear friend and he will be missed dearly. My colleague on Sports Zone, Mr. David . . . Dr. Brangman, I send …
Mr. R ichard (Blimp) Brangman, I want to send condolences to his family, the Brangman family in St. George’s and his many friends, Mr. Speaker. He was a dear friend and he will be missed dearly. My colleague on Sports Zone, Mr. David . . . Dr. Brangman, I send s pecial condolences to him and his sister, Aunt Bea, [PHONETIC ] and I associate Minister Ming and Minister Foggo with those comments to the Brangman family, Mr. Speaker. And I associate with the congratulations to Ms. Venetta Symonds, a schoolmate of ours from back in the day. And the ascension, in the making, of Mr. Pearman at the hospital, as well. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? Hon. Renee Ming: I would like to speak.
The SpeakerThe SpeakerYes, continue on, Member. Bermuda House of Assembly Hon. Renee Ming: Surely. I would like to extend co ndolences to the Bean family in St. George’s on the passing of Richard (Blimp) Brangman. Just letting Aunt Bea [PHONETIC ] and her family know that they are in our thoughts and …
Yes, continue on, Member.
Bermuda House of Assembly Hon. Renee Ming: Surely. I would like to extend co ndolences to the Bean family in St. George’s on the passing of Richard (Blimp) Brangman. Just letting Aunt Bea [PHONETIC ] and her family know that they are in our thoughts and prayers. And also, to the family of Ida Alice Lodge, she passed away a few weeks ago and I just wanted Bernette Cann and Ti m Lodge to know that they, too, are in our thoughts and prayers. And Mr. Speaker, although he was not a Bermudian, I would still like to just give recognition to the US Representative Mr. John Lewis, who passed away. And it would be hard for us, even in B ermuda, not to recognise the things that he did in his life for racial equality and civil rights for all. It kind reminds me sometimes of our Aunt Eva, Dr. Eva Hodgson, when we think of people that have fought a very long fight. And Mr. Speaker, on a happier note, I would like to congratulate Ms. Venetta [Symonds] on her retirement. Well done. We all hope to get there one day. And also, the Corporation of St. George’s, they were awarded the Back o’ Town Award today — the workmen—for the hard work that they do within the town of St. George, keeping the town clean and looking presentable. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Any other Honourable Member? As we close this out then—
The SpeakerThe SpeakerGood. Continue. [Pause] Hon. Derrick V. Burgess, Sr.: He is probably in his car, right, and he got in a bad area.
The SpeakerThe SpeakerYou know what, being you are . . . it looks like you are travelling at the time, I am just going to let you turn your video off.
Mr. Michael A. WeeksOkay. Mr. Speaker, I would like to start my remarks by saying that I would like to congratulate . . .
The SpeakerThe SpeakerI am going to suggest you turn the vi deo off because its probably drawing your broadband, weakening your broadband, being you are moving about.
Mr. Michael A. WeeksMr. Speaker, can you hear me? I am breaking up. All right. Mr. Speaker, can you hear me now?
The SpeakerThe SpeakerYes, go right ahead, we can hear you now.
Mr. Michael A. WeeksMr. Speaker, I would like to start off my remarks by saying congratulations to the Friswell’s Hill community in coming together and cr eating, or starting the process, of creating a community garden. But m y remarks will be remiss if I do not pass congratulations and thanks to the …
Mr. Speaker, I would like to start off my remarks by saying congratulations to the Friswell’s Hill community in coming together and cr eating, or starting the process, of creating a community garden. But m y remarks will be remiss if I do not pass congratulations and thanks to the Minister of Works and Engineering, the Honourable David Burch, for giving us all the support. And also, Island Construc-tion, led by the former Minister of Tourism, Mr. Zane De Silv a, in allowing his company ICS to give us a charitable support. Mr. Speaker, things are looking good there and we are really excited about what this community garden can do to bring some unity in our community. Mr. Speaker, also, I would like to take thi s time to send condolences to the family of Mrs. Marion Grimes, one of my constituents and a long- time me mber of the Harry Chapel family. I believe she served there for 50 years, she was very instrumental in a lot of works in the community that came out of Harry Chapel, and she was strong in our Friswell’s Hill fam ily. So, with those remarks, Mr. Speaker, I will take my seat. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to make a contribution? 4590 24 July 2020 Official Hansard Report Bermuda House of Assembly Any other Member? No other Member. Well, let me just close it out by just adding my remarks to those of the remarks that were …
Thank you, Honourable Member. Does any other Honourable Member wish to make a contribution? 4590 24 July 2020 Official Hansard Report
Bermuda House of Assembly Any other Member? No other Member. Well, let me just close it out by just adding my remarks to those of the remarks that were expressed on the passing of Mrs. Grace Manders. As has already been said, her son is the President of the Se venth- day Adventist conference here and I would like to have my remarks of condolence sent to him and his sister and his family on the passing of their mother. I would also like to be associated with the r emarks that were expressed by the Premier, who star ted in regard to the passing of John Lewis. The Prem-ier was correct in saying that he had visited Bermuda to bring the remarks at an annual banquet many years ago and, at that time, I was a young member of Parliament and was just overwhelmed by the personal . . . the man himself, in person, to be able to sit and talk with him and the experiences that he had and to find out personally just how humble a man he was. He left an impression on me that will last forever. I am only saddened in that —I am further saddened, I should say—in that just before the pandemic hit and we went into lockdown, I had actually had my office here r esearch his contact information for me and I was to draft a letter to him, knowing how sick he was at that time, just to let him know that, you know, on behalf of my C hamber, we had him in our thoughts and pra yers. And the letter did not get sent because of the pandemic and now I regret that it was not sent. But I just want to be noted in the remarks that are being sent in regards to him because he truly is an icon in the civil rights movement and will always be reme mbered for the contribution that he gave in his life and set an example for the rest of us. With those remarks, we will move on—
Hon. Zane J. S. De Silva: Mr. Speaker. Mr. Speaker, you forgot to give congratul ations to your daughter -in-law for hooking the biggest fish in Somerset.
[Laughter]
The SpeakerThe SpeakerHonourable Member, I think you have made your point. I do not need to follow that one. How is that? Thank you, Honourable Member. And I welcome her to m y family and she knows how pleased we are to acknowledge her as a member of our family. Congratulations to …
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThere is one Government Bill this afternoon in the name of the Minister of Finance. Minister. [Pause]
The SpeakerThe SpeakerMinister of Finance. FIRST READING INSURANCE AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill for its first reading so that it can be placed on the Order Paper for the next day of meeting: Insurance Amendment (No. 2) Act 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTI CE OF MOTIONS
The SpeakerThe SpeakerThere are none. That now brings us to the Orders of the Day. ORDERS OF THE DAY
The SpeakerThe SpeakerThe first item is the second reading of the Tourism Investment Amendment Act 2020 in the name of the Premier. Premier, would you lik e to present your matter now? Bermuda House of Assembly BILL SECOND READING TOURISM INVESTMENT AMENDMENT ACT 2020 Hon. E. David Burt: Thank you, Mr. Speaker. …
The first item is the second reading of the Tourism Investment Amendment Act 2020 in the name of the Premier. Premier, would you lik e to present your matter now?
Bermuda House of Assembly BILL
SECOND READING
TOURISM INVESTMENT AMENDMENT ACT 2020
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Tourism Investment Amendment Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of the Bill before this Honourable House is to make amendments to the Tourism Investment Act 2017, which will clarify certain provisions and allow for a …
Are there any objections to that? No objections. Continue, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of the Bill before this Honourable House is to make amendments to the Tourism Investment Act 2017, which will clarify certain provisions and allow for a more efficient and effective use of the Act and the orders made under the Act. Mr. Speaker, Honourable Members will recall the Tourism Investment Act 2017, which I will refer to as I go forward as “ the Act,” became operative in N ovember 2017. The primary objective of the Act is to make Bermuda more attractive to foreign investors and to incentivise and assist local tourism -related business owners to reinvest in their product. The Tourism Investment A ct provides a scale of tax relief for five new types of tourism products, i ncluding: a new hotel; a refurbished hotel; a new res-taurant; an existing restaurant; and a tourism attrac-tion. The relief available under the Act ranges from one year to a maximum of 10 years, depending on the level of investment made in and the type of tourism product. With a new hotel, for example, the Act allows for: full relief from customs duty; full exemption from hotel occupancy tax; full exemption from the emplo yer’s share of the payroll tax, subject to annual verific ation of a management training programme for Berm udians; full exemption from land tax starting six years after a hotel’s opening date, subject to verification that the hotel in years 6 through 10 employs 70 per c ent Bermudian staff; and deferral of landholding charges payable under the Bermuda Immigration and Protection Act 1956. The first Order approved under the Act, the Tourism Investment (Bermudiana Beach Resort) O rder 2018, came into effect in early 2019. Consequent to the Order being in use, the Government has identified four amendments and clarifications that ought to be made to the principal Act. First, Mr. Speaker, the principal Act allows for relief from customs duty in the case of a new hotel, for exampl e, for 10 years from the hotel’s opening date. However, the need for duty relief is significant during the construction phase, which predates the hotel’s opening. Therefore, the Government proposes to amend the period of custom duty relief so that it begins when the Order comes into effect. Second, the principal Act provides two time frames for the completion of the rehabilitation, refur-bishment or extension work associated with a refurbished hotel: two years, in the interpretation section of the Act and 18 months in Schedule 1. A review of the original policy confirms the intention is to allow two years for the completion of work which satisfies the definition of a refurbished hotel. As such, the Go vernment proposes to amend the Schedule to say construction is to be completed within two years. Mr. Speaker, the Tourism Investment Act a llows for relief from custom duty and the employer’s share of payroll tax extended to restaurants and for custom duty relief to be extended to attractions. When the Act came int o effect, there was a sunset clause of five years on its application to restaurants and attractions. Since 2017, however, no resta urants or attractions have taken advantage of the relief available for renovations and improvements. A recent exercise undertaken by the Bermuda Business Development Agency revealed a lack of knowledge about the legislation and how it works. Given that much of the original period of eligibility for tax relief for restau-rants and attractions has already passed, the Go vernment proposes an amendment which will extend the application of the Act for a further five years, for a total of 10 years. Fourth, Mr. Speaker, the Government proposes to provide more time for developers of attractions to complete their projects. As it stands, tourist attra ctions are largely seasonal in nature and an adjustment in the time frame from one year to three years will better facilitate the financing and construction of a new attraction. Mr. Speaker, the final amendment is a cons equential one. The Tourism Investment (Bermudiana Beach Resort) Order 2018 is being amended to change the period of cus toms duty relief to commence from the date the Order came into effect, rather than the hotel’s opening date. This is in line with the amendment mentioned earlier, which is being made to this Act. Thank you, Mr. Speaker, and I now welcome comments from honourable colleagues.
The SpeakerThe SpeakerThank you, Premier. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerOpposition Deputy Leader, you have the floor.
Ms. Leah K. ScottCan you see me? 4592 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speake r: Not yet, we are looking forward to seeing you.
The SpeakerThe SpeakerYes, there we go. Now we see you.
Ms. Leah K. ScottOkay. Thank you to the Premier for bringing this legislation. And Mr. Speaker, I am in support of whatever we can do to generate jobs and investment in to our country. I find it a bit ironic, though, Mr. Speaker, that this morning the Premier criticised the OBA about making …
Okay. Thank you to the Premier for bringing this legislation. And Mr. Speaker, I am in support of whatever we can do to generate jobs and investment in to our country. I find it a bit ironic, though, Mr. Speaker, that this morning the Premier criticised the OBA about making comments about attracting foreign direct i nvestment and yet, here we have a piece of legislation that is attempting to incentivise f oreign direct inves tment and bring people to the Island and drive demand for people to come here and develop, which I apprec iate. We do need foreign direct investment. We do not have our own dollar, our money is only good here, we are tied to the US dollar and so we need it. Is that to the exclusion of Bermudians? No. And it should not be. But I support this legislation. I just think that there were a couple of things that concerned me. I think for the restaurants and for existing restaurants and for attr actions, the time frame is a year and I am just wondering, in light of the pandemic, whether consideration . . . and we may need to go into in Commi ttee, but consideration being given to changing that from one year to maybe even 18 or 24 months, so that people actually have the opportunity. We do not know how long we are going to be recovering from the pandemic. We do not know whether a second wave is going to be coming. So, I think that we need to have contingencies in place and that anything that we put in this legislation should not be set in stone and we can come back and make amendments so that we can facilitate the opportunity for everybody to be able to invest and to do the things which are necessary to get our economy going. I think that this is a welcome idea. It is . . . we are challenged, Mr. Speaker, we need air arrivals, we need heads in beds, we need things that are going to generate revenue. And so, this is a first step in one of many steps that we are going to have to take as a jurisdiction. And I hope that we will be able to facilitate an economic recovery through all of the measures that this Government is attempting to do. We have not been able to do it yet. They came into town with a FinTech pony, but the FinTech pony has not gotten anyw here, so hopefully, some of these incentives will allow us to get our feet off the ground and start the economic recovery that we so need. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Honourable Member.
Mr. Premier.
Hon. E. David BurtpremierThank you, Mr. Speaker, and I thank the Honourable Opposition Deputy Leader for her comments. I note that she did not have any questions. I know that she enjoyed a good working relationship with the former Minister responsible for Tourism and I hope that we will enjoy the same type …
Thank you, Mr. Speaker, and I thank the Honourable Opposition Deputy Leader for her comments. I note that she did not have any questions. I know that she enjoyed a good working relationship with the former Minister responsible for Tourism and I hope that we will enjoy the same type of working rel ationship as we move forward. Just so there can be clarification for all persons, my speech this morning made it very clear that, whereas the One Bermuda Alliance relied solely on foreign investment, which, of course, in the long term will lead to an extraction of profit from the jurisdiction, our policy is that we want to make sure that there is local investment that is paired with any type of foreign investment. But what this Act speaks to, which is i mportant, as the Honourable Member knows, when we are talking about restaurants and attractions, that is not targeting, necessarily, foreign investment, but that is making sure that persons have the abi lity to invest here as well. And that is Bermuda- based investments, as was stated inside of my statement earlier this morning, Mr. Speaker. What I think is also important is that the Honourable Deputy Leader of the Opposition said the Government came ridi ng in on a FinTech pony. Well, here is the thing, Mr. Speaker, that pony is turning into a horse and we are continuing to progress. And it should be no shock or surprise that, I would say, Mr. Speaker, that one of the former Honourable Members of the Oppos ition, one Mr. Jeff Baron, actually is wor king for a FinTech company that is licensed in Berm uda and is its chief legal . . . or its risk officer, located here. So, Mr. Speaker, what she must know and understand is, they may criticise, but the fact is that there are 40 more jobs in this country due to the work the Government has done in FinTech and we are going to continue to build on that record. Rome was not built in a day and neither will the pony grow into a horse in a day, but we are still going to ri de that horse
Bermuda House of Assembly because it is the future and that is what we must be committed to. Vision is necessary. It is easy to poke holes, but if you do not have anything to say, then I guess you should come up with your own ideas yourself. We are going to press forw ard.
The SpeakerThe SpeakerWe will take your point. POINT OF CLARIFICATION
Mr. N. H. Cole SimonsThe Premier said “a pony will turn into a horse.” But, M r. Speaker, a pony never turns into a horse. A pony remains a pony all its life. So, I think he needs to use another example. Hon. E. David Burt: Well, Mr. Speaker, I know full well that …
The Premier said “a pony will turn into a horse.” But, M r. Speaker, a pony never turns into a horse. A pony remains a pony all its life. So, I think he needs to use another example. Hon. E. David Burt: Well, Mr. Speaker, I know full well that the Honourable Member from constituency 8 knows far more about horses than I do, so I accept and take the point incredibly. Thank you very much, Mr. Cole Simons. I appreciate that.
The SpeakerThe SpeakerHe is an expert when it comes to that, yes. [Laughter] Hon. E. David Burt: No doubt. Thank you, Honourable Member from const ituency 8. I appreciate that. So, I will just ask him a question on WhatsApp, I want to know what a baby horse is called because I …
He is an expert when it comes to that, yes. [Laughter] Hon. E. David Burt: No doubt. Thank you, Honourable Member from const ituency 8. I appreciate that. So, I will just ask him a question on WhatsApp, I want to know what a baby horse is called because I just thought that ponies turned into horses. I learned something new today. With that, Mr. Speaker —
The SpeakerThe SpeakerI am glad you are going to take that to WhatsApp, we do not need to have that exchange on the floor of the House this afternoon. Hon. E. David Burt: I was not even trying to, Mr. Speaker. The Speaker: Thank you. Hon. E. David Burt: Mr. Speaker, I …
The SpeakerThe SpeakerThank you, Mr. Premier. Deputy Speaker Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 3:08 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL TOURISM INVESTMENT AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Tourism Investment Amendment Ac t 2020 . Mr. Premier, David Burt, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I would like to move all …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Tourism Investment Amendment Ac t 2020 . Mr. Premier, David Burt, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I would like to move all the clauses, if I may. Thank you, Mr. Chairman. Clause 1 is the citation for the Bill. Clause 2 amends section 5(5) of the principal Act by deleting reference to a hotel, restaurant or attraction’s opening date as the start of the period where there can be relief from custom duty and changing that to the start date to the commencement of the tourism investment order. Clause 3 amends section 16(3) of the princ ipal Act by deleting “5” and substituting “10” as the number of years the Act applies to restaurants and attractions. Clause 4 amends Schedule 1 of the principal Act at paragraph B by substituting “2 years” in plac e of “18 months” as a period within which construction of a refurbished hotel must be completed; and, at par agraph D substituting “3 years” for “12 months” as a period within which an attraction must complete construction. Clause 5 amends Schedule 2 of the principal Act at paragraph E by extending from 1 year to 3 years the time frame within which an attraction can gain custom duty relief. Clause 6 is a consequential amendment to the Tourism Investment (Bermudiana Beach Resort) Order 2018 to enable full rel ief from custom duty from the operative date of the Order in line with the amendment made to section 5(5) of the principal Act via clause 2. Clause 7 provides the transitional provision.
[Pause] 4594 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Mr. Chairman, you are on mute, sorry.
The ChairmanChairmanThank you, Mr. Premier. [Are there] any further speakers?
The ChairmanChairmanThere appear to be none. Premier, are you going to continue? Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, I move that clauses 1 through 7 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved. Are there any objections to that? There appear to be none. Approved. [ Motion carried: Clauses 1 through 7 passed.] Hon. E. David Burt: 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? There appear to be none. Approved. Hon. E. David Burt: Thank you, 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. Approved. The Bill will be reported to the House as printed. Thank you, Premier. Mr. Speaker. [ Motion carried: The Tourism Investment Amendment Act 2020 …
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, Premier. Mr. Speaker. [ Motion carried: The Tourism Investment Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment.] House resumed at 3:11 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE TOURISM INVESTMENT AMENDMENT ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Tourism Investment Amendment Act 2020 being r eported to the House as printed? There are none. The matter has been repor ted and received as pri nted. That now moves us on to the second item for today, which is …
Thank you, Deputy. Members, are there any objections to the Tourism Investment Amendment Act 2020 being r eported to the House as printed? There are none. The matter has been repor ted and received as pri nted. That now moves us on to the second item for today, which is the consideration of Tourism Inves tment (St. George’s Club) Order 2020, again, in the name of the Premier. Honourable Premier, would you like to present your item? ORDER TOURISM INVESTME NT (ST. GEORGE’S CLUB) ORDER 2020 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I mov e that considerati on be given t o the D raft O rder e ntitled Tourism I nvestment (St. G eorge’s C lub) O rder 2020 as m ade by the Mini ster responsible for T ourism under s ection 3 of t he Tourism I nvestment A ct 2017, t ogether wit h the wri tten agreement of t he Minister of Finance, i n exercise of the power conferred by section 5 of the Tourism Inves tment Act 2017.
The SpeakerThe SpeakerAny objections? No objections. Continue, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of bringing the Tourism Investment (St. George’s Club) Order 2020 before this Honourable House is to enable the grant of tax relief to the developers investing in this combina-tion hotel …
Any objections? No objections. Continue, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of bringing the Tourism Investment (St. George’s Club) Order 2020 before this Honourable House is to enable the grant of tax relief to the developers investing in this combina-tion hotel and timeshare operation. Mr. Speaker, Honourable Members will recall the Tourism Investment Act 2017 (hereinafter referred to as “the Act”) became operative in November 2017. The primary objective of the Act is to make Bermuda more attractive to investors and to incentivise and assist local tourism -related businesses to invest in their product. The Tourism Investment Act provides a scale of tax relief that can be accessed by developers through the grant of an Order approved by this House. As background, Mr. Speaker, the St. George’s Club was developed in 1982 on the site previously occupied by the St. George’s Hotel. The original de-velopment was undertaken by York -Hanover(BDA) Ltd. The property changed hands in 1994 and this year, Hotelco Bermuda SGC Ltd. (or Hotelco) took it over. The developers of the St. George’s Club and the St. Regis Bermuda (currently under construction adj acent to Fort St. Catherine) have the same parent company. The St. George’s Club features a main clu bhouse and 57 cottage buildings divided into 71 units. Over time the use of the cottages has evolved into a
Bermuda House of Assembly mix of timesharing and hotel operations. As such, the Club has a hotel licence pursuant to the Hotels (L icensing and Control) Act 1969 and is also licensed pursuant to the Timesharing (Licensing and Control) Act 1981. The property amenities include three swimming pools, three tennis courts, and a restaurant located at Achilles Bay. It is the intention of Hotelco to fully renovate the St. George’s Club: the interior elements and ext erior finishing of the cottages; the main clubhouse and the beach house will undergo a complete renovation or intervention to elevate the standard of the hotel to a 4-star accommodation, incorporating a new spa and gym. This renovation will include new furniture, fi xtures, equipment, air conditioning, floor coverings, ceilings, windows, doors and bathrooms, as well as a comprehensive repair and/or replacement of the water infrastructure. The members of the timeshare operation have purchased a limited period of occupancy in a Club Cottage, typically, one week per year for 25 years. The Government can assure this House the members will contin ue to enjoy their rights under the new ow nership, just in new and improved surroundings. The schedule for the renovation of the Club is currently under review. The investment in the comprehensive renovation of St. George’s Club is such that the project meets the criteria as a new hotel, in accordance with the Tourism Investment Act 2017. That is, the redevelopment of an operating hotel with the estimated development cost of not less than 50 per cent of the appraised market value of such h otel and expended over a period not exceeding three years. In meeting the criteria for a new hotel, the Act allows the Club to receive, in summary: full relief from custom duty for a period of 10 years; full exemption from hotel occupancy tax for a period of 10 years; full exemption from the employer’s share of the payroll tax for a period of 10 years, subject to annual verification of a management training programme for Bermudians; and full exemption from land tax for 5 years, starting 6 years after the hotel’s opening dat e, subject to verif ication that the hotel, in years 6 through 10, employs at least 70 per cent Bermudian staff. Mr. Speaker, this Government is well aware of the challenges ahead for our Island. The commitment and confidence demonstrated by Hotelco and th e Purroys is recognised and deeply appreciated. Bermuda cannot rest on past laurels, and the constant renewal of our hotel product is critical and this Inves tment Order will help significantly in achieving this end. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to speak?
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, again, we are in support of legi slation that is going to create jobs and create inves tment in Bermuda and, so, we do support this Order. I have a couple of questions. And one is that I know that there has to be …
Thank you, Mr. Speaker. Mr. Speaker, again, we are in support of legi slation that is going to create jobs and create inves tment in Bermuda and, so, we do support this Order. I have a couple of questions. And one is that I know that there has to be a verification of a management trainee programme, so I would be interested in hearing what that verification w ould look like, what it is envisaged that the management trainee programme would look like. And in addition, there is a condition that there has to be 70 per cent Bermudian staff and is there any kind of structure, in terms of staff? You know, you do not w ant a hotel to say that they have got 70 chamber . . . I cannot say that word, I cannot remember, Cousin Derrick, what do we call them? They are not chambermaids, what is the word?
Hon. Curtis L. Dickinson: Attendants.
Ms. Leah K. ScottAttendants? Hon. Curtis L. Dickinson: Room attendants.
Ms. Leah K. ScottRoom attendants, thank you. And bellmen. So, we would like to ensure that that 70 per cent is a broad spectrum. And is there any way that the Government . . . does the Government have those specif ic types of requirements? And if they do not meet those requirements, …
Room attendants, thank you. And bellmen. So, we would like to ensure that that 70 per cent is a broad spectrum. And is there any way that the Government . . . does the Government have those specif ic types of requirements? And if they do not meet those requirements, what are the consequenc-es? Or is it just a straight 70 per cent employment of Bermudians without any tiers or levels? Outside of that I do not have any comments on the legislation. I support it and, again, I support [that which] is going to bring investment to this country. Hopefully we can get people here, get heads in beds, get revenue, create jobs and get the economy going. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable M ember. Does any other Honourable Member wish to speak? No other Member? Premier.
Mr. Hubert (Kim) E. SwanI would just like to join the chorus to thank the Premier for bringing this Order 4596 24 July 2020 Official Hansard Report Bermuda House of Assembly forward. And certainly, I am very familiar with the hi story and the evolution of that property, on any number of levels, notwithstanding …
I would just like to join the chorus to thank the Premier for bringing this Order 4596 24 July 2020 Official Hansard Report
Bermuda House of Assembly forward. And certainly, I am very familiar with the hi story and the evolution of that property, on any number of levels, notwithstanding that . . . [INAUDIBLE] And with the St. George’s Club having the opportunity to come on stream with Hotelco and the development of the hotel and the golf course, it pr ovides an opportunity for both [of them] to wor k in ta ndem with each other, Mr. Speaker. Prior to the Ho nourable Zane De Silva, the immediate past Tourism Minister, announcing that this arrangement had been put together, we could have had a new property with great uncertainty with the previous property . And I want us to say thank you to those timeshare owners who, many were long- suffering, dating back 30 years now, 30- plus years now, when they bought into that dream, and many of them enjoyed wonderful vacations with them and their families over the ye ars. And as we go forward, and the Premier did announce that there will be a composite of a timeshare component in addition to a hotel licence, I am encouraged by the fact that a significant property in St. George will be able to be upgraded simultaneously. But I think the most important element that we must capture is ensuring that we do all we can, not to look at 70 per cent as the only benchmark that we need to meet, but to do all we can a year out from this operating date to encourage as many Bermudi ans as possible in as many fields, both in management and blue collar areas, to be ready for that date and to be gainfully [ INAUDIBLE] Mr. Speaker.
The SpeakerThe SpeakerOkay, we lost you for a m oment, just checking to make sure you are still there.
Mr. Hubert (Kim) E. SwanI believe that this Internet connection is a little weak. Can you hear me now, Mr. Speaker?
The SpeakerThe SpeakerWe understand that because you are in the East End. So, we are—
Mr. Hubert (Kim) E. SwanAnd I am well decorated today, I even came with the club crest. Can you see it, Mr. Speaker?
The SpeakerThe SpeakerWell, we will talk Cup Match a little la ter.
Mr. Hubert (Kim) E. SwanYes, but most importantly, Mr. Speaker, training and preparing Bermudians and St. Georgians and persons that really can capture the uniqueness of St. George’s and Bermuda is imper ative. And I make no [apologies] about us having to look out for our own people and uplifting them. And I am …
Yes, but most importantly, Mr. Speaker, training and preparing Bermudians and St. Georgians and persons that really can capture the uniqueness of St. George’s and Bermuda is imper ative. And I make no [apologies] about us having to look out for our own people and uplifting them. And I am . . . will do all I ca n to help facilitate that as well, Mr. Speaker. It is important. It is an important ingredient because no matter what you think about tourism, tourism is about relationships and it is about ensuring that people enjoy the experience. And I can think of no better persons to do it who have been groomed for these opportunities than our fellow Bermudians. And given the experiences that we Bermudians have had to go through together, I see this as an opportunity for us to empower our Bermudians in a great field, i n a great parish, in a great town. And so, as we are celebrating a victory in 2021 at Cup Match, let us be doing so with Bermudi-ans, St. Georgians, who will be working in great abundance within their own parish. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes, go right ahead, Honourable Member. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like to c ertainly give congratulations and thanks to Minister Burch and his staff at Public Works for doing their part with regard to this project, along with all the …
Yes, go right ahead, Honourable Member.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like to c ertainly give congratulations and thanks to Minister Burch and his staff at Public Works for doing their part with regard to this project, along with all the civil servants that were under the gun, quite frankly, Mr. Speaker, to be able to produce this leg islation and for us to be discussing it today. So, I would like to give a big shout out to all the civil servants that worked very, very, hard to make this happen. It was not easy. The former owners, as you know, ran into a bit of difficulty and that caused some logistical problems, but everything managed to get through fairly well. I would also like to take this opportunity, Mr. Speaker, to thank the Purroys for their continued co nfidence in this Progressive Labour Party Government in investing further in Bermuda. And I would like to also thank them, additionally, for the training pr ogrammes that they are going to implement in this faci lity. And they plan on putting as many of the people that lost their jobs to work at this particular property. So, for that I give them thanks, and for their continued confidence in Bermuda. And may this spearhead ot hers that are looking at Bermuda for investment to do just that. So, thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Any other Member? No. Mr. Premier. Bermuda House of Assembly Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, we have heard contributions from Honourable Members. I certainly welcome the support of the Opposition as we move to advance …
Thank you, Member. Does any other Member wish to speak? Any other Member? No. Mr. Premier.
Bermuda House of Assembly Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, we have heard contributions from Honourable Members. I certainly welcome the support of the Opposition as we move to advance this and I certainly welcome support from the MP for St. George’s. And in my closing comments I have [noted] to recognise that I am carrying this over the line, but as the Member who just finished speaking, it was under his leadership that this was able to get this far. And it was his i ncredibly excellent negotiating skills and pressing forward to ensure that we were able to — through the Economic Development Committee of the Cabinet —and get it to the point where it was able to be tabled in this Honourable House. So, I would like to certai nly thank MP Zane De Silva for his work, energy and effort to get us here and the exact Order that we will be doing next is also due to his leadership in the time when he served as Minister responsible for Tourism. With that, Mr. Speaker, I move that the said draft Order be approved and a suitable message be sent to His Excellency the Governor.
The SpeakerThe SpeakerAre there any objections to the said Order being approved as — Hon. E. David Burt: Mr. Speaker, I am so sorry. There was a question from the Honourab le Deputy Opposition Leader. I did forget to answer it. Do you mind if I answer it right quick, Mr. Speaker?
The SpeakerThe SpeakerAnswer the question, yes. Hon. E. David Burt: Thank you very much, Mr. Speaker. There were two questions. The first question was how do we check for a management training pr ogramme that is in place in these hotels? This is som ething that is, of course, already in train, …
Answer the question, yes. Hon. E. David Burt: Thank you very much, Mr. Speaker. There were two questions. The first question was how do we check for a management training pr ogramme that is in place in these hotels? This is som ething that is, of course, already in train, carried over from previous Acts, but the Government’s Hotel Regulatory and Policy Unit already initiated discussion w ith the Department of Workforce Development and with hotel representatives to determine the components of this plan. It is likely that there will be differences between hotels as each brand will have a customised approach adapted to its corporate culture and clie ntele. Notwithstanding the grant of relief is assessed and verified each year, and in that way the Gover nment is able to closely monitor progress. Regarding the question of 70 per cent employment for Bermudians, it is not specified in law r egarding any particular category, it is the overall establishment of Bermudian employees. With that, Mr. Speaker, I move that the said draft Order be approved and that a suitable message be sent to His Excellency the Governor.
The SpeakerThe SpeakerMembers, are there any objections to the acceptance of the Order as printed and that a let-ter be sent to the Governor? There are no objections. It has been accepted and the said letter will be sent. [Motion carried: The Tourism Investment (St. George’s Club) Order 2020 was approved.]
The SpeakerThe SpeakerThat now moves on to the next Order on the Order Paper today and, again, Premier, it is in your name. This is the Tourism Investment (Ros ewood Bermuda) Order 2020. Mr. Premier? SUSPENSION OF STANDING ORDER 23(3) Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I thank …
That now moves on to the next Order on the Order Paper today and, again, Premier, it is in your name. This is the Tourism Investment (Ros ewood Bermuda) Order 2020. Mr. Premier?
SUSPENSION OF STANDING ORDER 23(3)
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I thank you and I thank Honourable Members opposite for agreeing for us to do this today. So, I move that Standing Order 23(3) be suspended to enable the House to proceed with the consideration of the draft Order enti tled Tourism Inves tment (Rosewood Bermuda) Order 2020, as made by the Minister responsible for Tourism under section [3(1)] of the Tourism Investment Act 2017 , together with the written agreement of the Minister of Finance, in exercise of the power conferred by section 5 of the Tourism Investment Act 2017.
The SpeakerThe SpeakerAre there any objections? No objections. Continue on, Premier. [Motion carried: Standing Order 23(3) suspended.] ORDER TOURISM INVESTMENT (ROSEWOOD BERMUDA) ORDER 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of bringing the Tourism Investment (Rosewood Bermuda) Order 2020 before this Honourable House is …
Are there any objections? No objections. Continue on, Premier. [Motion carried: Standing Order 23(3) suspended.]
ORDER
TOURISM INVESTMENT (ROSEWOOD BERMUDA) ORDER 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the purpose of bringing the Tourism Investment (Rosewood Bermuda) Order 2020 before this Honourable House is to make avail able for the Rosewood Bermuda Hotel the tax relief allowed under the Tourism Investment Act 2017. Mr. Speaker, Honourable Members wi ll recall that TP Holdco Limited , an affiliate of Gencom Acqu isitions LLC, and Gencom acquired Tucker’s Point H otel and Resort in 2016 from a three- year receivership period. At the time of the acquisition, the Tourism I nvestment Act had not been laid befor e Parliament. Therefore, TP Holdco Limited submitted an applic ation for a hotel concessions order in respect of the hotel’s proposed redevelopment. And in June of that year, the Hotels Concession (Tucker’s Point Hotel and Resort) Order 2016 was approved by this Honourable House. The concessions order entitled TP Holdco Limited to: full relief from custom duty until one year 4598 24 July 2020 Official Hansard Report
Bermuda House of Assembly after the hotel’s opening date, in respect to any buil ding materials, furnishings, fixtures and equipment which are necessary for the building, furnishing and equipping of the hotel redevelopment; five years relief from land tax up to an amount not exceeding $103,000 in each year of assessment from the hotel’s opening date; five years of relief from hotel occupancy tax for an amount equal to the sum spent by the hotel on marketing the hotel’s redevelopment up to an amount not exceeding $2,760,000 in each year of assessment from the hotel’s opening date; five years of relief from hotel occupancy tax for an amount equal to the sum spent on B ermudian entertainment, up to an amount not exceeding $84,000 from the hotel’s open-ing date; and five years of relief from the employer’s share of the payroll tax for an amount equal to the sum spent on training Bermudians up to an amount not exceeding $228,000 in each year of assessment from the hotel’s opening date. Upon acquisition of the property and the grant of the hotel concessions order, Tucker’s Point Hotel rebranded as Rosewood Bermuda, underwent a red evelopment and revamp of rooms, food and beverage, including a new lobby bar, the golf club, the spa, and fitness areas and a beach club. In addition, there was upgrade of the furniture, fixtures and equipment of the Harbour Court fractional units. In November 2019 the Tourism Investment Amendment A ct 2019 became operative. This amendment Act amended the Tourism Investment Act 2017 so that it applies to specific hotel developments presently using a hotel concessions order made under the Hotels Concession Act 2000. TP Holdco Limited then submitted an application for the making of a tour-ism investment order for Rosewood Bermuda. Mr. Speaker, the investment in the compr ehensive renovation of Rosewood Bermuda was such that the project met the criteria of a new hotel in accordance with the Tourism Investm ent Act 2017, that is, the redevelopment of an operating hotel with an estimated development cost of not less than 50 per cent of the appraised market value of such hotel, and expended over a period not exceeding three years. In meeting the criteria for a new hotel the Act allows Rosewood Bermuda to receive in summary: full custom duty relief for a period of up to 10 years; full exemption from hotel occupancy tax for a period of up to 10 years; full exemption from the employer’s share of payroll tax for a period of up to 10 years, subject to annual verification of a management training pr ogramme for Bermudians; and full exemption from land tax for five years starting six years after the hotel’s opening date, subject to verification that the hotel in years 6 through 10 employs 70 per cent Bermudian staff. Mr. Speaker, please note an important caveat. The Tourism Investment Act requires the tax relief already received by Rosewood, pursuant to the Hotels Concession Act, be taken into account. This is to en-sure that the period for which tax relief is granted pursuant to the Tourism Investment Act does not exceed the relevant period, in this case, 10 years. In this r egard, the opening date of the hotel is set at the 1 Jan-uary 2018. Mr. Speaker, this Government will continue to work with our hotel development partners to ensure our tourism product is fresh and modern and the tax relief under the Tourism Investment Act plays an i mportant part. Mr. Speaker, before I close and open for questions from Honourable Mem bers, I would like to, again, pay tribute to the former Minister of Tourism and Transport who, certainly, was instrumental in making sure that these matters were advanced, and the public officers inside of the Ministry of Tourism. Additionally, I would lik e to thank the investors—Gencom —for their continued faith in Bermuda. Certainly, there are some challenging times ahead when dealing with the other properties which they own on the Island, but as recently as a meeting of last week Wednesday with the Minist er of Finance, we aim to work to make progress so that we can see the r edevelopments take place inside of this property. I do know that there is currently work that is taking place at the Tucker’s Point property and we look forward for there to be the cont inued investment that they are making in this country and the jobs that it is providing. I am very pleased that they decided to reopen their hotel in July, providing employment for over 200 Bermudians, and we will continue to work with them and support them as best we can. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to speak?
The SpeakerThe SpeakerHonourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Spe aker. Again, as with the previous Order, we are in support of the Order and we are in support of whate ver is going to get jobs created and revenue generating in the economy. So, we have no objection to the O rder. Thank you, Mr. …
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerHonourable Member, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Bermuda House of Assembly Again, much has been said by the Premier, and think he has hi t all the points. I would just like to emphasise the fact that with the Tourism Investment …
Honourable Member, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker.
Bermuda House of Assembly Again, much has been said by the Premier, and think he has hi t all the points. I would just like to emphasise the fact that with the Tourism Investment [Amendment] Act 2020 and the Tourism Investment (St. George’s Club) Order 2020, which we just dealt with, along with this legislation, Mr. Speaker, I think it speaks volumes to the confidence that not only I spoke of just now of the Purroys having in Bermuda, but also the group at Gencom. And with their conti nued faith and confidence in Bermuda, Mr. Speaker, I think the future does bode well. This virus has gripped every country around the world, especially us that rely on hospitality, but certainly with regard to Gencom and their further confidence in Bermuda and the purchase of the Fairmont Southampton, they, too, like the Purroys, are very much interested in the t raining of Bermudians and I believe this is a genuine interest, Mr. Speaker, and I think we will see a lot more of that in the future from, not only the Purroys and the group at Gencom, but any other investors. And the good thing about these three pieces of legislation that we are passing here today, Mr. Speaker, is that investors watch the world. They watch places that they want to invest in. And when they see us passing legislation such as this, what it is telling them is that Bermuda is easy to work with . Sometimes we have some challenges, and som etimes we have some hurdles, but at the end of the day, once we can agree to the way forward, we tend to do that. And I think that this will breed confidence in other people, other companies, other groups, looking at investing in the country. So, I think that these three today, when this hits the headline, Mr. Speaker, other people that were and are still looking at investing in Bermuda will be happy to see these changes that this Government is making to make life easier for them. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Premier. Hon. E. David Burt: Thank you, Mr. Speaker. And I thank Honourable Members for their comments. And, again, I would like to thank the Honourable Members of the Opposition for agreeing to do this …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. And I thank Honourable Members for their comments. And, again, I would like to thank the Honourable Members of the Opposition for agreeing to do this Order today before the House breaks for the Cup Match holiday. As I stated, Mr. Speaker, we were online with the developers in a meeting on Wednesday and this is some thing that is urgent, and so we are happy that we are able to make sure that this is advanced through this Honourable House and moving on to the other place next week. Mr. Speaker, I move that the said draft Order be approved and that a suitable message be sent to His Excellency the Governor.
The SpeakerThe SpeakerHonourable Members, are there any objections to the Order being approved and the appropriate message being sent? There are none. The Order will be approved and the appropr iate message will be sent to t he Governor. [Motion carried: The Tourism Investment (Rosewood Bermuda) Order 2020 was approved.]
The SpeakerThe SpeakerWe now move on to the next item. [O rder] No. 4, the Gaming, will be carried over, I have been made to understand. And we will now do [Order] N o. 5, the Trusts (Special Provisions) Amendment Act 2020 in the name of the Minister of Finance. Minister? BILL …
We now move on to the next item. [O rder] No. 4, the Gaming, will be carried over, I have been made to understand. And we will now do [Order] N o. 5, the Trusts (Special Provisions) Amendment Act 2020 in the name of the Minister of Finance. Minister?
BILL
SECOND READING
TRUSTS (SPECIAL PROVISIONS) AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Curtis L. Di ckinson: Mr. Speaker, I move that the Bill entitled the Trusts (Special Provisions) Amendment Act 2020 be now read the second time.
The SpeakerThe SpeakerYes, go right ahead. Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present to this Honourable House the Trusts (Special Provisions) Amendment Act 2020. This Bill will enhance and modernise certain provisions governing Bermuda’s trusts, commonly referred to as “firewall provisions.” This Bill is also part of an …
Yes, go right ahead.
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present to this Honourable House the Trusts (Special Provisions) Amendment Act 2020. This Bill will enhance and modernise certain provisions governing Bermuda’s trusts, commonly referred to as “firewall provisions.” This Bill is also part of an ongoing, colla borative effort amongst the pr ivate sector, Bermuda Business Development Agency and Government to improve and adapt our laws, as needed, to attract more business to our shores. Mr. Speaker, it is well established that settlors should be free to establish trusts in their jurisdiction of choice. It is also well established that settlors should enjoy the benefit of having key questions regarding those trusts determined by the courts in such jurisdi ction, in accordance with domestic law. This freedom of choice in relation to trusts is usually codified in firewall legislation. Mr. Speaker, the purpose of firewall legislation is twofold: 4600 24 July 2020 Official Hansard Report
Bermuda House of Assembly 1. Firewalls provide a system for the use of domestic trust law to determine key questions regarding the validity, integrity and operation of trusts within th at jurisdiction. 2. Firewalls prevent the recognition and/or en-forcement of foreign judgements that are ad-verse to trusts within the jurisdiction. While firewall protection is a common feature in leading trust jurisdictions, this aspect of trust law is gener ally considered by industry practitioners as having become increasing complex and convoluted in a number of those jurisdictions, including Bermuda. Mr. Speaker, Bermuda’s existing firewall pr ovisions are intended to ensure that Bermuda laws apply to Bermuda trusts and that Bermuda trusts cannot be set aside or undermined based on foreign judgments. Our current provisions do generally serve the purpose of firewall legislation. However, the approach and content of those provisions are no longer consi dered as cutting edge. Bermuda is, and has been for some time now, behind the curve that has been set by our competitors. The justification for the Bill we are debating today is quite clear. We must reposition ourselves to be ahead of our competitors. Bermuda’s fi rewall legi slation must provide settlors with a level of protection and legal certainty that makes Bermuda a clear choice amongst her competitors. To do that we must strengthen and clarify the existing legislation. Mr. Speaker, this Bill is intended to: 1. facilitate proper and efficient application of the firewall provisions; 2. provide express jurisdiction to the Supreme Court to hear claims in respect of Bermuda trusts and certain foreign trusts; 3. specify the circumstances where foreign laws will be excluded f rom application to Bermuda trusts and where the domestic law of Berm uda shall apply; 4. prohibit the enforcement of any foreign order which is inconsistent with the enhanced fir ewall provisions. Mr. Speaker, according to industry practitio ners, one of the key factors for clients in choosing a jurisdiction for trusts is the robustness of the firewall protection. As a result, industry representatives have made fairly strong calls for Bermuda’s firewall legisl ation to be updated. With the introduction of today’s Bill, those calls have now been answered. This Bill provides material clarification, improvement and strengthening of Bermuda’s existing firewall legislation, while implementing an approach that practitioners believe will give Bermuda a compet itive edge. Mr. Speaker, the trust industry is a vital part of our international business sector and the Bermudian economy. Industry representatives and professional services providers include licensed trustees, admini strators, investment business advisors, legal advis ors, accountants, and compliance professionals. This Bill is a necessary step in supporting efforts to sustain jobs and to achieve economic growth in this very i mportant industry. In closing, I would like to thank industry repr esentatives for their continu ed efforts to improve Bermuda’s trust products and regulatory framework. I would also like to thank the Bermuda Business Development Agency and the public officers who assisted in bringing forth this important legislation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak?
Mr. Scott PearmanThank you, Mr. Speaker. The Opposition is delighted to support this Bill and the Bill that the Honourable Minister of Finance is about to present afterwards, namely, the Trusts (Spe-cial Provisions) Amendment (No. 2) Act 2020. Mr. Speaker, we in Parliament may not really appreciate how important the trust industry …
Thank you, Mr. Speaker. The Opposition is delighted to support this Bill and the Bill that the Honourable Minister of Finance is about to present afterwards, namely, the Trusts (Spe-cial Provisions) Amendment (No. 2) Act 2020. Mr. Speaker, we in Parliament may not really appreciate how important the trust industry is to Bermuda. After insurance and reinsurance, it probably is our largest industry for international business as an offshore financial centre. And why is that relevant? Well, when people think of trusts they may think of local trusts, but these are not local trusts. These are trusts for the wealthy across the globe which happen to be related to or based in or subject to Bermuda law, so, they have a Bermuda connection. And why does that matter? Why is that i mportant? It is important because this is about jobs for Bermudians. So, you may know people who work in Bermuda, they work in international business, but you may not know what they do. And this is not just about lawyers. Obviously, on our side of the fence here we have Leah Scott (who is a trust lawyer). I do some trust law, but it is not just about lawyers. It is about jobs for accountants. It is about jobs for trust managers. It is about jobs for trust administrators and trust officers. There are licensed trustees here in Bermuda. There are money managers here in Bermuda. So, this is a vital industry of ours and it is an industry that Bermuda can and should be proud of. We are one of the most preeminent trust jurisdictions in the world and there are other jurisdictions that have lagged behind and we are seeing an inf low of trusts to Berm uda, and that is because we are pretty good at this game. But to be good at the game, you have to stay ahead of your competitors. And this legislation is exactly that. It deals with firewalls and I am not going to go to what a firewal l is, the Honourable Minister has already touched on it briefly, but it deals, effectively,
Bermuda House of Assembly with making our trusts preferable vehicles to the trusts in other jurisdictions, staying ahead of the compet itors, trying to be ready if we get international attack s, which we do and will. So, this is very important. It is important that Bermuda remains one of the leading trust jurisdictions in the world. And how do we do that? Well, we do that by making sure that our Bermudians in this industry are well -trained and well compensated. We try . . . this is an area where we could grow jobs. Trust law in Bermuda, trusts in Bermuda could grow; we could grow jobs more than we have already. It is also an example of how Bermuda can stay at the forefront of an industry when go vernments and international business work together. And it is delightful to see the Ministry taking the advantage of the wisdom of those in this sector and working hand in glove with them to promote these changes to the legislation, which, as I say, are positive. On a personal note, I do find myself, Mr. Speaker, being most bipartisan when I am speaking to Bills presented from the Finance Minister, and I do not know if that is purely coincidence or otherwise, but I do thank the Honourable Minister for bring ing forth this and the Bill which will follow to make sure that we remain at the forefront of our trust industry, that Bermuda remains a forefront jurisdiction, and that Ber-muda jobs are maintained. So, Mr. Speaker, thank you for that.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerWe recognise the Honourable Member. You have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, I would like to thank the Minister of Finance for bringing this Bill. As my colleague MP Pearman has indicated, this has been a long, long time coming and I am glad that it is finally here. And for those who do not understand …
Thank you, Mr. Speaker. Mr. Speaker, I would like to thank the Minister of Finance for bringing this Bill. As my colleague MP Pearman has indicated, this has been a long, long time coming and I am glad that it is finally here. And for those who do not understand trusts or understand the legislation, many civil law jurisdictions and Muslim countries have forced distribution, so the settlor or the patriarch of families has an order by which he has to distribute his assets and, generally, the greater portion goes to the son, and the daughters are excluded. And the law of that jurisdiction determines how the patriarch’s assets are distributed upon his death. So, if someone wants to utilise a Bermuda trust, that settlor or the person who puts the assets in the trust, then has the opportunity to distribute his a ssets in the way that he wishes. He also has the ability to be confident in the knowledge that our legislation will ensure that, if someone comes and tries to say, Well, he should not have put it in trust, it is against the laws of our country, that B ermuda’s law will stand up and say, Well, actually, no. This is a Bermuda law trust, it is protected by the firewall provisions and how he has determined his assets to be distributed in ac-cordance with his trust to his selected beneficiaries is how they wi ll be distributed. So, it provides us with an advantage. It has been a long- time coming. Cayman has, I think ––was one of the first out of the gate with their firewall prov isions. And so, this will allow us to become more co mpetitive, hopefully we can get more business and, as I think I have mentioned previously, the trust industry is the largest employer of Black Bermudian women and Black Bermudian women in senior level positions. And so, it is important that we can continue to keep this industry going, surviving, providing opportunities for Bermudians, and educating them and keeping them employed. So, thanks to the Minister we have been i ncluded in the consultation with this and we are happy to see it finally coming forth, and [it is] another tool in our arsenal to help us to be a jurisdiction of choice for the high net worth individual. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. E. David Burt: Yes, Mr. Speaker, if I may. Hon. Patricia J. Gordon -Pamplin: Yes, please, Mr. Speaker. Hon. E. David Burt: I will defer.
The SpeakerThe SpeakerYes. Honourable Member, you can continue. Hon. Patricia J. Gordon -Pamplin: I am not sure, Mr. Speaker, was that the Premier? The Premier can go ahead, s ir. I will defer to him.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I am grateful for the comments of Members from the Opposition, but it is interesting, of course, Mr. Speaker, to note that the Members of the Opposit ion constantly want to chirp about ec onomic plan and lack of …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I am grateful for the comments of Members from the Opposition, but it is interesting, of course, Mr. Speaker, to note that the Members of the Opposit ion constantly want to chirp about ec onomic plan and lack of economic plan and lack of movement in advancing forward. And some of the items which we are progressing, Mr. Speaker – . . . this is the precise reason why we felt it necessary to move economic development functions into one place and also to create a Department of Economic Develop-ment, to make sure that we can move and advance long-stalled items. 4602 24 July 2020 Official Hansard Report
Bermuda House of Assembly And so, it is important, Mr. Speaker, to understand and to recognise that some of these things, as the Honourable Member who just spoke said they were a long- time coming, predates the time that we were in office in 2017. But the fact is, Mr. Speaker —
Ms. Leah K. ScottPoint of information, Mr. Speaker, if you would allow me.
Ms. Leah K. ScottPremier, this is not directed at you. This has been solely the trust industry dragging their feet. This has nothing to do with the Government at all. And if it came across in that fashion, it was not intended to. This has nothing to do with either Go vernment being …
Premier, this is not directed at you. This has been solely the trust industry dragging their feet. This has nothing to do with the Government at all. And if it came across in that fashion, it was not intended to. This has nothing to do with either Go vernment being in power, because the OBA has been in power, the PLP has been in power, the UBP has been in power, and this still has not passed. So, I am happy to see it passed now and it has nothing to do with any lack of government support. This has been solely the trust industry itself trying to get itself toget her to get the legislation crafted in a way that it could be passed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member, she has made my point for me. We saw the challenges which existed in many places, so you will remember, Mr. Speaker, when I came to this Honourable House during the Budget Debate, …
Thank you, Honourable Member. Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member, she has made my point for me. We saw the challenges which existed in many places, so you will remember, Mr. Speaker, when I came to this Honourable House during the Budget Debate, [I] organised and discussed the formation of an Economic Development Department because we do have challenges advancing things like this, which should not take as long. And that is the reason why we have to continue to work with, as I call it, the Holy Trinity —between Government, industr y, and the reg ulators —to make sure we push to advance matters. So, I welcome the comments of the Honour able Deputy Leader of the Opposition, and I welcome the comments of the Shadow Attorney General. Both of those Learned Members will know and understand trusts far more than me. But I am only saying this, Mr. Speaker, that it requires leadership in order to make sure that you continue to push and press matters. When we reco gnise that there are things which are important for the economic development of the country, we put the pr iority on them. That is what we are doing inside of the Economic Development Department. That is what we are doing with the resources of the Business Devel-opment Agency, the Department for Economic Deve lopment and others, working together with industry to advance these matters. I am making sure that I hold the departments under me to account and we are pressing these issues forward. So, Mr. Speaker, I welcome the comments. I welcome the praise. It is a pleasure to work with all of the industry organisations and a pleasure to work within government as we are a joined- up government to support. But all I am saying, Mr. Speaker, is it r equires work, energy and effort to advance these mat-ters and I am happy that Honourable Members opposite are pleased and I am happy that we are able to advance these matters because it requires hard work and grit. I just hope that Honourable Members r emember that when they come with their criticism. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Honourable Member wish to speak? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker.
The SpeakerThe SpeakerContinue on, Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, it was my pleasure to look back INAUDIBLE] perspective and I was happy for the i ntervention of my honourable colleague to indicate that this was not a vilification of any government. That within any industry …
Continue on, Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, it was my pleasure to look back INAUDIBLE] perspective and I was happy for the i ntervention of my honourable colleague to indicate that this was not a vilification of any government. That within any industry there are partners and those par tners are those people who are intricately involved and those partners are, from a legislative perspective, those who are responsible for getting the legislation through and across the table. So, Mr. Speaker, I had chosen, in this partic ular instance, notwithstanding that the Bill was brought by the Minister of Finance, and with myself being the Shadow Minister for Finance, as the Premier indica ted, there are people with far more expertise than I and he in terms of the trust industry. And it made eminent good sense to me to allow those Members of my team to speak on this particular issue. So, I am very pleased to join them in the support of this legislation, Mr. Speaker, and also, to join the industry in recogni sing how their efforts in working with both Gover nments —probably I would not even say “both Gover nments” —the PLP prior, the OBA Government, the PLP administration, in order to be able to ensure that we come somewhere close to what it is that our com-petitors are experiencing. Mr. Speaker, I think that, you know, we as a jurisdiction continue to show that we hav e the capacity to, not just walk alongside of our competitors, but, at some point in time, be able to bolt out in front of them. In this particular instance, as the Minister has indicat-ed, we have effectively been sort of a little bit behind the eight ball inasmuch as other jurisdictions have beat us to the punch in certain things. But it is very important that we catch up with this and that we conBermuda House of Assembly tinue to examine the rules, regulations and laws that we have in order that we can actually catapult ahead so that our jurisdiction is a choice jurisdiction, conti nues to be the blue ribbon jurisdiction that we have been known for, and continue to be on the cutting edge of legislative changes in order to compete and compete well. Mr. Speaker, it is my desire, as m y honour able colleagues have indicated, that not only do we compete well, but it is my desire that we [ INAUD IBLE] .There was a time in our history, Mr. Speaker, it was inevitable that when legislation was discussed in any other jurisdiction, they were posit ing themselves behind what [we had done] in Bermuda. Unfortunat ely, as time and actually communication has moved to a different era, we find ourselves now, Mr. Speaker, in some instances, a second fiddle. So, this is helping us to become . . . to rank pari passu with our competitors and I know that additional changes will allow us to catapult past [our competitors]. So, with those few words, Mr. Speaker, we certainly, as has been indicated by my colleagues, support the legislation. My Honourable Deputy Lea der has indicated it has been a long- time coming from an input perspective from the industry and we look for-ward, Mr. Speaker, to whatever other arrangements need to be made, whatever other legislation needs to be put in place by the industry in order to enhance, not just their competitive edge, but the competitive edge that Bermuda has to offer. So, I thank the Minister for bringing forth the legislation and I thank Honourable Members for their contributions as well, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would like to thank the Honourable Members for their contributions. I just want to say that it is a general rule in the Ministry of Finance that …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I would like to thank the Honourable Members for their contributions. I just want to say that it is a general rule in the Ministry of Finance that we broadly consult and we view it as kind of standard operating practice for us to collaborate with industry and the regulator to architect legislation that makes the most sense for Bermuda, the Bermuda brand, and f or those folks who choose to do business here. So, with those closing remarks, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 4:00 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL TRUSTS (SPECIAL PROVISIONS) AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Trusts (Special Provisions) Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Trusts (Special Provisions) Act 1989 to clarify …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Trusts (Special Provisions) Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Trusts (Special Provisions) Act 1989 to clarify the jurisdiction of the Supreme Court in respect of Bermuda trusts and foreign trusts with a connection to Bermuda; to enhance and modernise provisions of the Act with regard to the application of foreign laws and foreign orders to Bermuda trusts; and to make consequential amendments to the Con-veyancing Act 1983. Mr. Chairman, I move clauses 1 through 8.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 provides a cit ation for the Bill. Clause 2 amends the principal Act to inser t section 1A to provide definitions for the Act. The def inition of the term “Bermuda trust” is of particular i mportance in relation to firewall provisions as …
Continue.
Hon. Curtis L. Dickinson: Clause 1 provides a cit ation for the Bill. Clause 2 amends the principal Act to inser t section 1A to provide definitions for the Act. The def inition of the term “Bermuda trust” is of particular i mportance in relation to firewall provisions as it has been specifically tailored to allow for the possibility that Bermuda law may apply to a sev erable part of a trust only, in accordance with section 8 of the principal Act. Clause 3 amends the principal Act by repealing section 2A(9), which defined “settlor,” as the def inition is now provided for under the new section 1A. Clause 4 amends the princ ipal Act in section 6(2) to provide for the use of the term “Bermuda trust” and to extend to the provision the inference that a trust may be governed by Bermuda law only in part. The clause also makes a correction in section 6(2). Clause 5 amends the princ ipal Act by repealing and replacing section 9 in order to specify that the Supreme Court has the power to adjudicate claims concerning the validity, construction, effects or admi nistration of the trust, including any of the matters set out in sections 7(a) through 7(j) of the principal Act. The new section is intended to enhance the provisions of the current section and is also considered an i mprovement on the provisions of competitor jurisdi ctions as it provides for the express jurisdiction of the Supreme Court where the trust instrument provides for it. 4604 24 July 2020 Official Hansard Report
Bermuda House of Assembly Clause 6 amends the principal Act by repealing and replacing section 10 in order to enhance the effectiveness of firewall protections under that section. The current sections 10 and 11 of the principal Act embody firewall protections that have come to be considered as unclear and confusing. The revised approach as contained in the new section 10 is i ntended to provide for an exclusion of foreign law where appropriate as opposed to providing for a blanket application of Bermuda law, subject to exceptions. This is accomplished by specifying the circumstances under which any foreign law shall be excluded from application to a Bermuda trust. The firewall protection afforded under the new section 10 will not apply to foreign land or in cases where foreign law has been chosen to apply to any severable aspect of a Berm uda trust in accordance with section 8 of the principal Act. Clause 7 amends the principal Act by repealing and replacing section 11 in order to supplement the protective measures under the new section 10 by preventing the enforcement or recognition of any or-der of a foreign court where such order is in conflict with the provisions of the new section 11. Clause 8 repeals and replaces section 36G of the C onveyancing Act 1983 so as to simplify the language of the current section 36G to allow for consistency with the updates to the firewall provisions in the principal Act. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. [Are there] any further speakers?
Mr. Scott PearmanOnly a few quick points, Mr. Chairman, with your indulgence.
Mr. Scott PearmanOne, we agree with the Minis try that this is intended to enhance our trust provisions and we have thanked him in debate. Just on clause 5, as the Minister said, the j urisdiction of the Supreme Court, this is about expanding the jurisdiction of the court and expanding the …
One, we agree with the Minis try that this is intended to enhance our trust provisions and we have thanked him in debate. Just on clause 5, as the Minister said, the j urisdiction of the Supreme Court, this is about expanding the jurisdiction of the court and expanding the scope of Bermuda law. So, this is a good thing because it means more instruments may come to be determined before our courts, which means there may be more trust business in Bermuda. Two more quick points. Clause 6—those are the firewall provisions the Minister spok e to. This is a good thing. It is keeping us ahead. And, in summary, this clause is really about the supremacy of Bermuda law. And just a final point, if you will permit me, Mr. Chairman, I see that clause 8—the final clause — someone has thought sensibly t o amend the Conve yancing Act as well. So, I do not know who the drafter was of this Bill at the Attorney General’s office or in the industry, but well done to the eagle- eyed drafter who picked up on that point. It has joined- up thinking on legislation and it is nice to see, so someone deserves a thank you somewhere. Thank you, Mr. Chairman, those are our only points unless either the Honourable Shadow Finance Minister or the Deputy Leader (on my side) wishes to speak.
The ChairmanChairmanThank you, Honourable Member Pearman. Any further speakers? There appear to be none. Minister. I do not hear you, Minister. I think you have got your microphone . . . Hon. Curtis L. Dickinson: I am sorry, Mr. Chairman. Mr. Chairman, I move that clauses 1 through 8 be appr …
The ChairmanChairmanIt has been moved that clauses 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 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 reported to the House as printed. Thank you, Minister. [Motion carried: The Trusts (Special P rovisions) Amendment Act 2020 was considered …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. Thank you, Minister. [Motion carried: The Trusts (Special P rovisions) Amendment Act 2020 was considered by a Commi ttee of the whole House and passed without amendment.]
Bermuda House of Assembly House resumed at 4:06 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
TRUSTS (SPECIAL PROVISIONS) AMENDMENT ACT 2 020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Trusts (Special Provisions) Amendment Act 2020 be-ing reported to the House as printed? There are none. The Bill has been reported as printed and r eceived. That now takes us on to the next Order of the Day, which is …
Thank you, Deputy. Members, are there any objections to the Trusts (Special Provisions) Amendment Act 2020 be-ing reported to the House as printed? There are none. The Bill has been reported as printed and r eceived. That now takes us on to the next Order of the Day, which is the second reading of the Trusts (Spe-cial Provisions) Amendment (No.2) Act 2020 in the name of the Minister of Finance. Minister?
Hon. Curtis L. Dickinson: Mr. Speaker, the Honourable Minister for the Cabinet Offic e, Minister Furbert, is going to carry this Bill.
The SpeakerThe SpeakerOh, Minister for the Cabinet, would you like to lead this? BILL SECOND READING TRUSTS (SPECIAL PROVISIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I move that the Bill entitled Trusts (Special Provisions) Amendment (No. 2) Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. Hon. Wayne L. Furbert: Mr. Speaker, in 2002 an amendment was made to the Children Act 1998 to abolish the distinction between children born in and out of wedlock. The purpose of the amendment was to ensure that the rights …
Are there any objections to that? No objections. Continue, Minister.
Hon. Wayne L. Furbert: Mr. Speaker, in 2002 an amendment was made to the Children Act 1998 to abolish the distinction between children born in and out of wedlock. The purpose of the amendment was to ensure that the rights of children were not impacted by the lack of marital relationship between the parents. The 2002 amendment also created a new rule for construing all instruments and statutory provisions that may reference parents’ and children’s relationships. This included international trusts. There was no allowance for deviation from this rule of construction in cases where the trust instrument includes an express intention to exclude children without . . . whether born outside of a specified marital relationship or not. As such, the law is considered as having the effect of restricting the freedom of choice from a settlor when making gifts, either during his lifetime or upon death. Mr. Speaker, in the years following the 2002 amendment, industry representatives have made several requests for the Government to consider the broad application of the rule of constructi on in relation to trusts. It has been noted by practitioners that the 2002 amendment has diminished the attractiveness of Bermuda as a centre for trust business. More specif ically, industry practitioners have argued that the 2002 amendment codified a polic y shift that deviates from the long- standing protection of freedom of choice for disposition of property. The rule of construction creates uncertainty because settlors may no longer be able to protect their family from claims of strangers or persons who are unknown to the settlor or trustee prior to a settlor’s death. And the changes may run contrary to strong religious views of some international clients. Mr. Speaker, industry practitioners in Berm uda believe that a substantial amount of business has been lost to other jurisdictions because their settlors are unable to dispose of their property in the manner in which they choose under Bermuda law. Since the 2002 amendment became operational, existing trusts have been moved to other jurisdictions. Persons with existing business holdings in Bermuda have chosen other jurisdictions to set up their trusts and new bus iness referrals have bypassed Bermuda and settled trusts in other places. Mr. Speaker, as we continue with efforts to recover from the economic effects of the global pan-demic, we must take every reasonable step to mai ntain existing business and to attract new business to our shores. Trust industry representatives have made it clear that Bermuda is continuing to lose business to other jurisdictions, as mentioned before, based on the restrictive approach of the 2002 amendment. We simply cannot afford to continue with an approach that is viewed as unattractive and which isolates Bermuda from her competitors. Mr. Speaker, the Bill we are debating today reconciles Bermuda’s position on this issue with other leading trust jurisdictions. And with the principle of freedom of choice for disposition of trust property, this amendment will allow for deviation from the rule of construction set out in the Children Act in cases where a trust instrument expresses a contrary intention of a settlor. Mr. Speaker, we must balance our laws to ensure that we protect the rights and feelings of all persons, including those who wish to dispose of their property in a manner which may not be popular in the court of public opinion. But it is their right. The law will prescribe a default application to the 2002 amend-ment in the absence of a contrary intention by the settlor of a trust. Mr. Speaker, the 2002 amendment to the Children Act 1998 became operational more than 16 4606 24 July 2020 Official Hansard Report
Bermuda House of Assembly years ago. This is certainly enough time to ascertain the effects of a change in policy —both intended and unintended. The loss of business in the trust sector was an unintended effect, one which we must now take the necessary steps to correct. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak?
The SpeakerThe SpeakerYes. Member, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. I can be extremely brief on this Bill. I thank the Honourable Minister for his presentation. Ironically, what he said was much of what I was going to say, that really this is an example of the law of unintended consequences. You k now the expression …
Thank you, Mr. Speaker. I can be extremely brief on this Bill. I thank the Honourable Minister for his presentation. Ironically, what he said was much of what I was going to say, that really this is an example of the law of unintended consequences. You k now the expression that, T he road to h ell is paved with good intentions . No doubt, the 2002 amendment, in respect to children born out of wedlock, was well -intentioned, but it was not well thought through. And people did not realise at the time the damage that it would cause to our trust industry. It was, again, an example where there had not been joined- up thinking. Without wishing to bore, this is about test amentary freedom, freedom of disposition. Well, what does that actually mean? That is about the fr eedom of an individual to decide what they want to do with their property after they die. It is a pretty fundamental freedom. And, therefore, it was unfortunate that this free-dom was restricted by the amendment, which really had nothing to do with trusts, see, it was looking at children in wedlock or out of wedlock. But it did have a very damaging effect on our trust business and we really did lose business to other jurisdictions because of this inability to have testamentary freedom, the freedom of a settl or to decide how to dispose of the property in respect of certain children and not others. So, this is a change that is welcomed. It has been a long time in coming. It is good for business. It should not have taken 18 years, but there we are. It is here, it is now and it is to be welcomed. So, I thank the Honourable Minister for the Bill. The Opposition supports it. We have nothing to say in Committee and are happy to move to Commi ttee unless there are other speakers on either side. Thank you, Mr. Speak er.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerHonourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. As my colleague has said, I do support this legislation, but I have to be honest and say that I do struggle with it as a woman. I get that the settlor, which, a lot of times, is a male, has the right to exclude a …
Thank you, Mr. Speaker. As my colleague has said, I do support this legislation, but I have to be honest and say that I do struggle with it as a woman. I get that the settlor, which, a lot of times, is a male, has the right to exclude a child that was conceived in a manner that was not within t he confines of marriage. And, you know, children do not ask to be here. And so, for a child to have to suffer because the father does not want to provide or support it, will not allow that child to have access to its wealth or to a lifestyle that they woul d otherwise not have access to, is a challenge. But, I also recognise that, again, this is shar pening the tools in our arsenal and we need to remain competitive as a jurisdiction and we need to remain on the cutting edge. And so, for that reason, I do support it. And I hope that the intended benefit of amending the legislation in this manner will be achieved and that we will see it in the return of business and in the r eturn of revenue back to the Island. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, H onourable Member. Does any other Honourable Member wish to speak?
Mr. N. H. Cole SimonsMr. Speaker, I would just like to follow up with my colleague the Deputy Opposition Leader’s comments just now. Because I was not g oing to say anything on this because I am on the fence, in that, you know, why should a child suffer for its parent’s indisc retion? …
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. E. David Burt: Mr. Speaker, if I may, because I do want us to go [to] a place which may not be intended because of the difficult understanding, and it is very key. And I think if we listened carefully to the Mi …
Point of order.
POINT OF ORDER Hon. E. David Burt: Mr. Speaker, if I may, because I do want us to go [to] a place which may not be intended because of the difficult understanding, and it is very key. And I think if we listened carefully to the Mi nister’s brief when he presented his brief, the fact is that the law as it was construed allowed persons to make anyone, whether, as they said, inside of marBermuda House of Assembly riage, outside of marriage, et cetera. And so, what this is going to allow them to do is to leave whatever they want to whomever they want. And I think that is the key point that is being missed. So, I do not want us to get stuck on the debate of what caused the mischief, I just want us to understand where we are right now.
Mr. N. H. Cole SimonsMost trusts will have the class of beneficiaries. Some trusts will list the benef iciaries. Some trusts will not list the beneficiaries. Some trusts will say per stirpes , which would be chi ldren of the settlor. And so, it is a difficult one because if the settlor actually names …
Most trusts will have the class of beneficiaries. Some trusts will list the benef iciaries. Some trusts will not list the beneficiaries. Some trusts will say per stirpes , which would be chi ldren of the settlor. And so, it is a difficult one because if the settlor actually names the trust beneficiaries, then there is no problem. If they do not name the be neficiaries, then it is up to the beneficiary to challenge the trust. But I believe that a child should not suffer for the indiscretions of his parents. You are going to tell me that it is right that one child woul d have access to a $5 million estate by the mere fact that he was born in wedlock and another child has access to nothing. To me, for a party that cares about social justice and equity within families and looking out for young pe ople, it is surprising that they have approved this. But, like I said, we are going to compromise our basic philosophies on how we treat our children for [INAUDIBLE ].
Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Hono urable Member wish to speak? Hon. E. David Burt: Mr. Speaker, I will speak.
The SpeakerThe SpeakerHonourable Premier. POINT OF ORDER Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I tried to point of order the Ho nourable Member when he was making his contrib ution. And I think that it is important that we understand precisely what this amendment is doing. …
Honourable Premier.
POINT OF ORDER
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I tried to point of order the Ho nourable Member when he was making his contrib ution. And I think that it is important that we understand precisely what this amendment is doing. This amendment allows a settlor to leave to whomever they wish whatever they wish. And so, it is not excluding or i ncluding anything. And I think that is key. The challenge is the mischief which happened when the Act was amended in 2002, the Children Act, and [because] there was not a consequential amendment to the Trusts Act, [this] created a provision where a settlor could not leave things to whom they wanted to leave. So, this [amendment], it does not require . . . it does not matter how the child is conceived, whether or not in wedlock, out of wedlock, all the rest of the other types of things. This change a llows a settlor to say, I want to leave “X” to this and this and this or this, this and this and allows them to do whatever it is that they wish. And so, from that perspective, Mr. Speaker, and in the way in which this is, I do not want us to seem like we are trying to marginalise one set of persons versus another set of persons, because that is not what this is about. And it is very, very, important that we recognise that, Mr. Speaker. What I think is also important, Mr. Speaker, as I said in the previous Bill which the Honourable Mini ster of Finance was leading on, this is the work which this Government is engaged in when it comes to ec onomic development, making sure that we fix things which need to be fixed. This, as well, Mr. Speaker, has been a long outstanding issue with notes dat ing back 10 years from members of the trust industry recognising that, because of the lack of a consequential amendment in 2002, it has caused an issue and Bermuda has lost business. And as the Honourable Deputy Opposition Leader said, there are a signifi cant amount of Berm udians engaged in this field and we want to make sure that we can expand the Bermudians in this field and provide more opportunities, not only for the lawyers who are currently in this field, but also for lawyers in Bermuda so they can expand the practices and the services which they offer. So, with this, Mr. Speaker, it is an example of the Government seeing a problem, grasping the problem, getting the parties together to resolve the problem, deciding on a policy, and taking the policy f orward. Because at this time it is very critical that we do everything which we can to make sure that we can offer the greatest opportunity for any economic deve lopment wherever this lies, Mr. Speaker. So, I am pleased that we have managed to advance this. I am pleased that it is a second suite of things where the trust industry recognises that it puts Bermuda in a more competitive position. And it is i mportant, as I said in my statement before, that our job in economic development, as this Government recognises our job in economic development, is to lay the legislative framework to let our vibrant private sector go to work and to sell the country. And this will allow them to do a better job of that. Thank you, Mr. Speaker.
Mr. N. H. Cole SimonsAnd I will close by saying yes, we will do that at whatever cost. 4608 24 July 2020 Official Hansard Report Bermuda House of Assembly Thank you.
The SpeakerThe SpeakerThat was a point of order? Okay. All right. Are there any other speakers? No other speakers. Minister Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I would like to appreciate and thank all the Members for their participation. I believe Honourable Member Cole Simons has some parts totally …
That was a point of order? Okay. All right. Are there any other speakers? No other speakers. Minister Furbert. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I would like to appreciate and thank all the Members for their participation. I believe Honourable Member Cole Simons has some parts totally wrong in his comments and I think the P remier has straightened him out as far as what the intent of the legisl ation is all about. Settlors have always had the right to exclude any beneficiary they want from a trust. And so, that has not changed at all. So, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. The Bill has now been moved to be committed and we recognise the Deputy Speaker. House in Committee at 4:23 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL TRUSTS (SPECIAL PROVISIONS) AMENDM ENT (NO. 2) ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Trusts (Special Provisions) Amendment (No. 2) Act 2020 . Minister, carry on. Hon. Wayne L. Furbert: Mr. Chairman, I would like to move clauses 1 through 3.
The ChairmanChairmanContinue. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is self-explanatory. Clause 2 will amend t he newly inserted section 1A of the principal Act by inserting a definition of the term “child.” A new subsection (2) provides that a reference to a child or children in a trust instrument …
Continue. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is self-explanatory. Clause 2 will amend t he newly inserted section 1A of the principal Act by inserting a definition of the term “child.” A new subsection (2) provides that a reference to a child or children in a trust instrument shall be construed as provided under the Children Act 1998, unless an express contrary intention appears in the trust instrument. Clause 3 amends section 18B of the Children Act 1998 to exclude the application of section 18A to a trust instrument made under the Trusts (Special Pr ovisions) Act 1989 when express contrary intention appears in the trust instrument as provided under that Act. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. [Are there] any further speakers?
Mr. Scott PearmanYes, just to say that we have said what we had to say in the debate and we thank the Minister. And unless anyone else on my side has something to follow with, I have nothing for Commi ttee. Thank you.
The ChairmanChairmanThank you, Honoura ble Member Mr. Pearman. Any other further speakers? There appear to be none. Minister. Hon. Wayne L. Furbert: Mr. Chairman, I move clauses 1 through 3.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Wayne L. Furbert: 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. Wayne L. Furbert: 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. [Motion carried: The Trusts (Special Provisions) Amendment (No. 2) Act 2020 was …
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. [Motion carried: The Trusts (Special Provisions) Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
Bermuda House of Assembly House resumed at 4: 24 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerMembers, are there any objections to the reporting to the House of the Bill entitled the Trusts (Special Provisions) Amendment (No. 2) Act 2020 as printed? There are no objections. The Bill has been reported to the House as printed and received. That now moves us on to the next …
Members, are there any objections to the reporting to the House of the Bill entitled the Trusts (Special Provisions) Amendment (No. 2) Act 2020 as printed? There are no objections. The Bill has been reported to the House as printed and received. That now moves us on to the next item on the Orders of the Day and the next item is the Gover nment Loans Amendment (No. 2) Act 2020 in the name of the Minister of Finance. Minister?
BILL
SECOND READING
GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker?
The SpeakerThe SpeakerYes? Hon. Curtis L. Dickinson: Okay. Mr. Speaker, with the Gov ernor’s recommendation I move that the Bill entitled the Government Loans Amendment (No. 2) Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections? No objections. Continue, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment Loans Act 1978 provides for the Government authority to borrow money, the maximum amount that may be borrowed, and related matters. The Bill now before the House proposes to increase the maximum amount …
Are there any objections? No objections. Continue, Minister. Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment Loans Act 1978 provides for the Government authority to borrow money, the maximum amount that may be borrowed, and related matters. The Bill now before the House proposes to increase the maximum amount that may be borrowed. Mr. Speaker, Honourable Members will recall that on the 17 th July 2020, last week Friday, I made a Ministerial Statement to inform this Honourable House of the status of the Government’s borrowing and the requirements to increase the country’s authorised debt ceiling. The Bill now before the House proposes to increase the maximum amount that may be borrowed by $600 million to $3.5 billion. Mr. Speaker, this amendment only provides for the authority of the Government to borrow up to the newly established limit. And it is important to note that incurrence of additional debt or long- term borrowing will only be incurred when absolutely necessary. Mr. Speaker, when this Government took office in July 2017, net debt stood at $2.397 billion and the debt ceiling at $2.5 billion. We were elected with a commitment to prudently manage the country’s f inances on behalf of the people of Bermuda and committed ourselves to a strategy of not increasing the debt ceiling. We were successful in honouring that commitment in the 2017/18, 2018/19 fiscal years and were on track to do so again in fiscal 2019/20. Unfortunately, Mr. Speaker, in July 2019 to honour the Government of Bermuda’s guarantees on the stalled Caroline Bay project, the debt ceiling was increased by $250 million to $2.75 billion. It is im-portant, Mr. Speaker, to recall that as Opposition we opposed these guarantees. But as Government we made the decision that it was essential that we honour them. And let there be no doubt, Mr. Speaker, as I have said in this Chamber and publicly bef ore, I am determined to get the people of Bermuda’s money back. Mr. Speaker, at the end of March 2020 net debt stood at $2.68 billion, an increase of $283 million over the July 2017 balance. Mr. Speaker, it is important to put this i ncrease in net debt i nto its proper context and set out for Honourable Members the primary components of this increase, which included just under $200 million to cover the cost of the Caroline Bay guarantees and the remainder to finance capital expenditures, such as upgrades t o schools, investments in public transport, and to modernise our infrastructure. Mr. Speaker, I provide this information for context to illustrate that, prior to the COVID -19 pandemic, we were executing on our plan to reduce fiscal deficits, generate budget surpluses, and pay down debt, while at the same time, delivering important public services and a secure, sustainable future for all citizens of Bermuda. Until this Government was faced with having to honour the former Government’s guarantee obligations for Caroline Bay, there was no need to increase our debt ceiling and it would have r emained at $2.5 billion. Mr. Speaker, as we all now know, in the spring of 2020 everything changed. In April 2020, in anticipation of the negative impacts of the COVID -19 pandemic, the Government raised the debt ceiling a further $150 million to $2.9 billion to ensure that it had the ability to fund and provide a variety of public health and emergency financial measures to support Bermuda’s people and economy. In May 2020, the Government entered into $150 million credit facility with local financial institutions. To date, approximately 4610 24 July 2020 Official Hansard Report
Bermuda House of Assembly $88 million of this facility has been drawn to fund emergency measures associated with COVID -19. Mr. Speaker, as I advised Honourable Members in this House last week, Government intends to conduct a public bond issuance in the international capital markets. The gross proceeds to be raised will depend on market conditions and may be in the range of $1 [billion] to $1.25 billion. Mr. Speaker, t he proceeds from the sale of the contemplated bond issuance are intended to be used, among other things: to fund the anticipated def icits for the current and the next two fiscal years; to refinance the credit facilities associated with the stalled Caroline Bay project; to refinance the borro wing associated with general liquidity needs and the COVID -19 emergency measures; and, depending on market conditions, to refinance or liability manage tranches of existing indebtedness at lower interest rates. Mr. Speaker, any funds borrowed that are not required in the current fiscal year or for liability management purposes are to be invested in the Sinking Fund. Mr. Speaker, this amendment will provide for the authority for the Government to borrow up to the newly established limit as we navigate our way through the COVID -19 pandemic and beyond. The proposed statutory debt ceiling of $3.5 billion is set at a level to enable funding of the Government and its economic recovery over the next two to three years. When this Government entered into office three years ago, our plan was clear —reduce the deficit, pay down our debt while investing in our people to build a better and fairer Bermuda. Until the lenders for the Caroline Bay called the government guarantees, we were well on our way to fulfilling this mission. Now, a year later, and in the midst of the global pandemic, this increase in the debt ceiling and the new borrowing is necessary so that we can have the resources to rebuild our economy while ensuring that we take care of our people. None of the decisions that the Government has had to make over the past four months have been easy, Mr. Speaker. And when I took this job I looked forward to reducing a debt ceiling, not increasing it. But Mr. Speaker, this is the ri ght decision for our country as we work together to rebuild our eco nomy from what is expected to be the worst recession since the Great Depression. Mr. Speaker, in closing, Government remains committed to prudent and sensible borrowing. This borrowing strategy will allow the Government to lock in historically low interest rates, potentially reducing our interest expense on some of our current bonds, and take advantage of strong, current, global demand for investment grade debt. With those introductory remarks, Mr. Speaker, I now read for the second time the Bill entitled Go vernment Loans Amendment (No. 2) Act 2020. The Speaker: Thank you, Minister. Does any other Member wish to speak?
Hon. Patricia J. Gordon -Pamplin: Yes, thank you,
Mr. Speaker.
The Spe akerYes, Member, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, you will know that I have spoken and we on our side of the aisle have spoken ad na usea in respect of the failure of the Government to do anything positive to …
Yes, Member, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, you will know that I have spoken and we on our side of the aisle have spoken ad na usea in respect of the failure of the Government to do anything positive to put additional significant funds into the economy. The raising of the debt ceiling is indicative of the result when we are not sufficiently robust to make sure that there is money out there, Mr. Speaker, to be able to meet our obligations under normal circumstances. So, we have to go to borro wing. Mr. Speaker, economic stimulation is critical. It is critical to every economy and, certainly, more so to ours. Now Mr. Speaker, the Minister has gone through—painstakingly enough —to talk about the i ncreases to the debt ceiling and what was going to be required, what the net debt was at the time that they took over in 2017 of $2.397 billion and what it was, I believe he said, at the end of the year, $2.68 billion, and then we had actually raised [it] from $2.5 billion, we raised the money up to $2.75 billion, as the Mini ster indicated, to account for the unexpected payment that was required on Caroline Bay. That is a discus-sion completely aside, Mr. Speaker, for another day and not for the purposes of this raising of the debt ceiling. But I question the fact that, if we raise the debt ceiling to accommodate $250 million of Caroline Bay funding, then that was done in July 2019 or whenever . . . I am sorry, whenever we did it, towards the end of 2019. That if those funds are no longer needed, then that $250 million is being released back into the fund. So, when the Minister says he is borro wing now to . . . unless I am misunderstanding him, he is borrowing now, within this $600 million to take ac-count of the Caroline Bay again, then, clearly, there must be a way of knowing what Caroline Bay was . . . if there was a release of what Caroline Bay was r equired, the money that was required in order to fund and support them. So, that is just . . . I just need the Minister to . . . I need to understand that we are not double counting Caroline Bay.
Hon. Curtis L. Dickinson: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order, yes. Hon. Patricia J. Gordon -Pamplin: Okay. Bermuda House of Assembly POINT OF ORDER [Misleading] Hon. Cur tis L. Dickinson: Mr. Speaker, I think the Honourable Member may be unintentionally misleading the House. I set out in my Statement today, as I did last week, the cumulative …
Point of order, yes.
Hon. Patricia J. Gordon -Pamplin: Okay.
Bermuda House of Assembly POINT OF ORDER [Misleading]
Hon. Cur tis L. Dickinson: Mr. Speaker, I think the Honourable Member may be unintentionally misleading the House. I set out in my Statement today, as I did last week, the cumulative effects of the need to increase the debt ceiling. The debt ceiling was at $2.5 bil lion in 2017. It was increased by $250 million last July in contemplation of the Morgan’s Point situation, and a further $150 million in anticipation of funding needs for the COVID -19 pandemic. The $2.5 [billion] plus the $250 [million] plus the $150 [mill ion] gets you $2.9 [billion]. Unfortunately, and I . . . listen, I am all into positive thinking and sometimes even the hope strategy, I wish that the Morgan’s Point debacle was behind us and we had gotten our money back, but we are not there yet. So, ther e is no double counting going on here. I was just setting out the various circu mstances that have given rise to the need to increase the debt ceiling, none of which have been irrespons ible deficit spending over the course of the last three years. Hon. Patricia J. Gordon -Pamplin: Okay, I accept that. I accept that, Mr. Speaker.
The SpeakerThe SpeakerHonourable Member, continue on. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. I accept the Minister’s explanation. It just seemed like we talked about $250 million coming in the raising of the debt ceiling, that was included in the $2.9 billion and then now we have an extra $600 mi …
Honourable Member, continue on. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. I accept the Minister’s explanation. It just seemed like we talked about $250 million coming in the raising of the debt ceiling, that was included in the $2.9 billion and then now we have an extra $600 mi llion. So, obviously, it is not cumulative, it is the component parts thereof, so, I accept that. I think it is important to understand, Mr. Speaker, that the glide path that this Government i nherited was a little bit more gentle than the position . . . than what the OBA inherited when we came in 2012 and I think that that is where the unfortunate si tuation is. I go back to the failure to stimulate the economy. We are not intended, Mr. Speaker, to stand possessed. We have fiduciary responsibility to build and to grow, and that has not happened. We raised the debt ceiling to $2.9 billion earl ier this year, Mr. Speaker, and the Minister admit ted at that point in time that he was aware that that $2.9 bi llion was not likely to be sufficient in order to fund what it was that we required. So, we now have gone up to an additional $600 million to make it all . . . make the numbers work out. Mr. Speaker, all I can say here is that we understand that the Minister is between a rock and a hard place because, on the one hand, he has to find funding and financing, on the other hand, he has to try to come up with a number that makes economic sense as far as the country is concerned. But we do have a responsibility to continue to try and do som ething, Mr. Speaker, to enhance our economic status. So, you know, the Minister has indicated that he has borrowed money to account for this year’s [deficit] plus the next two years of deficit. That is exactly the situation that the former Government found itself in and for which we were excoriated, so I am going to say that again— what is good for the goose is good for the gander. You do not have one set of rules because it is––not just sounds good in the public ar ena, that it is politically expedient, the bottom line is this Government has taken over, what they have had to face is what they had to face. The pandemic is unprecedented and certainly unanticipated, so we cer tainly understand, but Mr. Speaker, we still have to . . . when we went up to $2.9 billion, the Minister, knowing that that was not likely to be sufficient, I believe the words at the time were that he could not bring his mind around something that was in excess of $3 billion. And that is the situation that we find ourselves in now. So, Mr. Speaker, we are supporting the i ncrease of the debt ceiling because the Government is between a rock and a hard place, they have no choice in this matter, Mr. Speaker. B ut I go back to the fact that they have a responsibility —a fiduciary respons ibility—not just to manage well the debt, but to ensure that they grow the economy to the extent that the debt that . . . the ceiling that is there will not be required to be drawn on going forward. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes, Honourable Member? Hon. Zane J. S. De Silva: Yes. Can you hear me okay, Mr. Speaker?
The SpeakerThe SpeakerYes. [We can] hear and see [you]. Hon. Zane J. S. De Silva: Mr. Speaker, the speaker before me, the Honourable Member Pat Gordon - Pamplin, I thought that was kind of rich when she started off [w ith] the failure . . . if I heard her correctly, the …
Yes. [We can] hear and see [you].
Hon. Zane J. S. De Silva: Mr. Speaker, the speaker before me, the Honourable Member Pat Gordon - Pamplin, I thought that was kind of rich when she started off [w ith] the failure . . . if I heard her correctly, the failure of this Government to put funds in the economy. When we took over, Mr. Speaker, you are quite aware of the mess that we found. And just think for a moment, if we did not have the airport, who slapped us with a $5 million bill today, or this week, we are probably looking at multiples of that in the next 4612 24 July 2020 Official Hansard Report
Bermuda House of Assembly few months, Mr. Speaker, based on the agreement that the OBA signed on behalf of the people of this country. Let alone the fact that, tied up in th at agreement as well, is that Aecon and their shareholders for the next 35 years will have full and free rein over rai sing the airport fees, as we all know. You take that, Mr. Speaker, along with the revenue that we are going to lose over the next 30 years , and you think how much money that is. We all know what Cross Island cost us in terms of $45 million and we continue to pay that off every month. We had a Commission of Inquiry that cost us a couple of million dollars. We had America’s Cup that cost us al most $100 million. We had former Attorney General Trevor Moniz, spent over $4 million on this witch -hunt on Dr. Brown with Lahey Clinic, if you will recall, and whatever else he was spending with regard to that fiasco. And, of course, we top that all off w ith Morgan’s Point and we are $200 million and counting. The fact of the matter is, Mr. Speaker, we i nherited—
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Mislea ding] Hon. Patricia J. Gordon -Pamplin: Yes, sir. Mr. Speaker, the Honourable Member’s co mments are completely ignoring their indiscriminate spending over their previous administration, which ended up in a situation where, when the OBA took over, there was not even enough money …
Point of order.
POINT OF ORDER [Mislea ding]
Hon. Patricia J. Gordon -Pamplin: Yes, sir. Mr. Speaker, the Honourable Member’s co mments are completely ignoring their indiscriminate spending over their previous administration, which ended up in a situation where, when the OBA took over, there was not even enough money in the pot to pay salaries between December of 2012 and January of 2013. So, while he wants to come with some kind of righteous indignation—
The SpeakerThe SpeakerWhat is your point . . . put your point of order — Hon. Patricia J. Gordon -Pamplin: —about the pos ition and what the OBA —
The SpeakerThe Speaker—as specific as it needs to be. Hon. E. David Burt: Mr. Speaker, that is not a point of order.
The SpeakerThe SpeakerIt is not an opportunity . . . Member, it is not an opportunity for you to put your — Hon. Patricia J. Gordon -Pamplin: He is misleading the House, Mr. Speaker. He is misleading the House. The Speaker: Thank you, Member. Hon. Zane J. S. De Silva: Am I …
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: I am glad you put the brakes on that Honourable Member because that was certainly not a point of order.
The SpeakerThe SpeakerMember, just appreciate though that if you are going to make a point of order, a point of or-der needs to be specific to what your point is and not another presentation on your viewpoint. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. And it is funny. The …
Member, just appreciate though that if you are going to make a point of order, a point of or-der needs to be specific to what your point is and not another presentation on your viewpoint.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. And it is funny. The Honourable Member says that, you know, we . . . they did not have enough money for payroll, they did not have enough money for seniors, they did not have enough money for buses or infrastructure, or mould in the schools, but they found money to redo the Cabinet Office where they sat every week, Mr. Speaker, and they also found $100 million for the America’s Cup. It came out of the blue. So, do not say that you did not have any money to do this, that and the other and then all of a sudden, they found hundreds of millions of dollars to do other things. So, you know, Mr. Speaker, if you add those things up that I told you, it is hundreds of millions of dollars . And that is why we have to do some of the things that we are doing in the last couple of months with regard to raising our debt ceiling. So, I just want Members to be . . . let us not forget what precipitated the situation before COVID -19. And quite frankly, I think the Finance Minister has done wonders be-cause, certainly, he puts the Ministers under the whip with regard to their spending and, had not COVID come, I think you would have seen a very nice pi cture—
Hon. Michael H. Dunkley: Point of order, Mr . Spea ker.
Hon. Zane J. S. De Silva: —of the future economy.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The Honourable Member is misleading the House. The Cabinet Office mould work was done at the behest of the Government Health and Safety O fficer, for the record.
The SpeakerThe SpeakerThank you. Bermuda House of Assembly Hon. Zane J. S. De Silva: That is fine, Mr. Speaker, but I tell you what, why did they not send that same Health and Safety Inspector out to the schools? Hon. Michael H. Dunkley: Mr. Speaker, point of order. POINT OF ORDER Hon. …
Thank you.
Bermuda House of Assembly Hon. Zane J. S. De Silva: That is fine, Mr. Speaker, but I tell you what, why did they not send that same Health and Safety Inspector out to the schools?
Hon. Michael H. Dunkley: Mr. Speaker, point of order.
POINT OF ORDER Hon. Michael H. Dunkley: The Honourable Member is well aware of what was done in the schools. And when this Government took over, they uncovered mould under their watch as well, Mr. S peaker. So, let us not get political about it. Mould is a part of Berm udian life that we have to remediate—
The SpeakerThe SpeakerJust make your point of order. Hon. Michael H. Dunkley: —and it is ongoing, Mr. Speaker.
The SpeakerThe SpeakerPoint of order is to be specif ic to the point. Hon. Michael H. Dunkley: And I have it, Mr. Speaker, specific to the point
The SpeakerThe SpeakerThank you. Carry on, Member. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would just like to finish—before I was interrupted b y MP Dunkley —that I think it is i mportant for the people of the country to know, that this Government, in spite …
Thank you. Carry on, Member.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would just like to finish—before I was interrupted b y MP Dunkley —that I think it is i mportant for the people of the country to know, that this Government, in spite of having to raise the debt cei ling, the rating agencies have backed what our F inance Minister has done and is doing. And I think with that show s all the confidence that we, as Bermudians, need to see and experience because they are the ones that really dictate a lot of things. And I will take my hat off to the Finance Mini ster that, in light of this COVID and what it has cost the country —and let us face it, we have a lot of rocky road ahead of us . . . a lot of rocky roads ahead of us, Mr. Speaker —but, in light of all of that, I think that the rating agencies and, of course, our partners here in Bermuda, let alone the investors that we do have i n Bermuda that are still gung- ho on Bermuda, as we talked about earlier, and some others that are looking very, very closely at Bermuda and looking at investing in the future. And I think that the Finance Minister is to be commended. And because of that, w e have the results that we do from the rating agencies and from investors who are on the Island and future investors who are looking at investing here. So, with that, I say, keep on track, Finance Minister. Do not let the noise from the Opposition sway yo u, and I know they will not because I know you. And let us keep on keeping on and we will support you 100 per cent of the way.
The SpeakerThe SpeakerMember, I remind others just to keep the game, keep it down the middle.
Mr. N. H. Cole SimonsMr. Speaker. The S peaker: Keep it down the middle. Any other Member wish to speak?
The SpeakerThe SpeakerHonourable Member, go ahead.
Mr. N. H. Cole SimonsMr. Speaker, I do not understand why the Honourable Member De Silva ranted on. My colleague, Patricia Gordon- Pamplin, came out and said she supported the increase. She had some comments, but generally she supported the increase. And I want to thank the Minister for arranging for the— Hon. Zane …
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Thank you, the Honourable Member, maybe he is misleading the House because maybe he did not hear. But when she began her speech, the Honourable Member Pat GordonPamplin, she talked about the failure of this Gover nment …
Point of order.
POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Thank you, the Honourable Member, maybe he is misleading the House because maybe he did not hear. But when she began her speech, the Honourable Member Pat GordonPamplin, she talked about the failure of this Gover nment to put funds in the economy. Well, it is hard to put funds in the economy, Mr. Speaker, when there are no funds there. And she said that.
The SpeakerThe SpeakerOkay. We do not need to keep going back and forth on the comments surrounding an ything. The point that he made was that she said she was going to support the matter.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Thank you for that clarification. I know it is difficult sometimes —
The SpeakerThe SpeakerIt is the side comments that gets ev erybody straying off track. Stick to where you are going with your original comments and we can be okay.
Mr. N. H. Cole SimonsRight. So, as I said, the Mi nister kindly arranged for us to meet with his Financial Secretary and w e got a very good briefing and we understood the direction and strategy that the Minister of Finance has in regard to this initiative. 4614 24 July 2020 Official Hansard …
Right. So, as I said, the Mi nister kindly arranged for us to meet with his Financial Secretary and w e got a very good briefing and we understood the direction and strategy that the Minister of Finance has in regard to this initiative. 4614 24 July 2020 Official Hansard Report
Bermuda House of Assembly I, too, agree and support his decision, based on the information that is available to me. But my question to the Minist er is this: We have had a number of reports done, we had the Fiscal Responsibility Panel Report, we had the Bermuda Tax Reform Commission Report dated 2018, and the BermudaFirst Report, and all of those reports said that our tax structure, the way it is, i s unsustainable and, at some point, we have to do things differently. Has the Minister taken any initiatives on from the three reports that were presented to Government by committees which were appointed by the Government? There were some initiatives in t here that made sense and I think there are initiatives in there that will help Government address its revenue targets. The other hot issue is, you know, all the reports said we have to address immigration reform. If we address immigration reform, we can al so somehow enhance the top lines —the revenue lines —of the Government by expanding our economy. They also speak about putting a downward pressure on the cost of health care. I know there is work being done on health care. COVID has caused a wrench in debt, but, you know, that is a shock event and we still have to continue on our journey to get health care costs [ reduced] . . . Again, all three of those reports spoke to those initi atives. We cannot just struggle along and do things the way we were doing them in the past. So, if the Minister can share with us, and the country, what init iatives he has taken as a result of the BermudaFirst Report, the Fiscal Responsibility Panel Report, and the Tax Reform Commission chaired by Ronald Si mmons —their recommendations. I am sure there are some gems in those reports that can help us provide a more sustainable revenue base so that we can move things forward from a government and fiscal point of view more positively. I think it is time that we really examine all o ptions . And you have the information, you have the r eports, and I am sure there is stuff there that will help the Minister on his pathway forward to address the top line—the revenue basis —because, as you know, in business every year we have our budgets and we have our revenue targets. Well, the same thing a pplies to Government. Yes, we had a budget, a target of maybe $1 billion for 2020/21, but the COVID struck us. I accept that. It is, you know, a shock event. But I take the view that, at this point in time, we should take the opportunity to look at all of the solutions, all of the recommendations, so that we can do things differently and find a sounder footing to move forward in regards to the expansion of our revenue base and a more eff icient use of the expenses of Government. So, I would like to hear the Minister’s comments in that space. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? There are none. Hon. Michael H. Dunkley: Mr. Speaker.
The SpeakerThe SpeakerOkay, yes? I heard a voice; I am trying to clarify who it is. Honourable Member, you have the floor if you would still like to speak. Hon. Michael H. Dunkley: Mr. Speaker, sorry, I heard a couple of voices and . . . if you are recognising me, I …
The SpeakerThe SpeakerGo ahead. Hon. Michael H. Dunkley: Mr. Speaker, I appreciate the brief by the Minister and the debate by colleagues here today. This is one of those debates that, traditionally, has gotten back into a real to and fro with political parties on the challenges we face and who caused …
Go ahead. Hon. Michael H. Dunkley: Mr. Speaker, I appreciate the brief by the Minister and the debate by colleagues here today. This is one of those debates that, traditionally, has gotten back into a real to and fro with political parties on the challenges we face and who caused the problem and everyone trying to blame the other side for where we stand. And I am not going to get i nvolved in that here this afternoon because, while there is plenty of ammunition to throw back at the Gover nment, I think, in these times, Mr. Speaker, it is critical and it is important that we focus in on the job at hand and not get carried away in a debate where we go back and forth and try to lay blame at somebody else’s feet . We are where we are, at this point in time, Mr. Speaker, and this debate today is not going to change that unless we come out of it with a comprehensive plan of where we are going to go. This Government has clearly said that they need to raise the debt ceiling. And the Opposition, through the Shadow Spokesman, has agreed with that and we certainly all agree with that, Mr. Speaker, because right now we need access to capital to help us get out of this mess. I am on the record for saying previously in thi s House, Mr. Speaker, that in January of this year, before the pandemic really kicked in, that the biggest challenges we faced in Bermuda were the deficit and our level of debt and how we were going to deal with that. That was, by far, the biggest issue because it was getting to be a point where it was constraining a lot that we needed to do and that we had to do. And while we—this Government and the former OBA Government —have managed it well with the rating agencies, we had to be very careful about increas ing the level of debt. And so, the OBA Government was ret icent to push it up and the PLP Government certainly was very hesitant to push it up. But Mr. Speaker, we are here today in July of 2020 when the biggest issue is not our debt or deficit. Of course, we want to control it, we want to stop it, we
Bermuda House of Assembly want to bring it down. But the biggest issues we face at this current time, Mr. Speaker, in my humble opi nion, are the health of our people and the economic recovery that is so badly needed for our country. And we have done fairly well. The Government has done fairly well in making sure that COVID has been halted in Bermuda. I think we have done better than most Bermudians expected at the time. We have been very concerned about it. People lived in fear for a period of time, but we followed the regulations and by and large the vast majority of Bermudians have done what is appropriate to halt the spread of COVID and we have done a commendable job. So much so that, you know, I think a lot of the world is looking at us and seeing, well, wait a second, Bermuda is that gem in the middle of the ocean, but wow, they are pretty healthy at this time of year, while many countries around are struggling. So, the two biggest issues now are the health of our people— and we need to keep it like that —and that job is not finished by any stretch of the imagina-tion, Mr. Speaker, and then the other big issue is the economic recovery that we so badly need. So, Bermudians look at the increase in our yearly deficit or they look at the inc rease in the debt ceiling and they get very concerned about it, and it is a good talking point and people continue to talk about it on social media and in their conversations at home and when they are out on the streets. But Mr. Speaker, in this case, and I want to emphasise in this case , by increasing the debt ceiling and our ability to have some capital, if we use it in the proper way, if we make sure that we are totally ac-countable for how we use it, and if we use it to help our people, and to face the v ery dire economic challenges that we face, it is the only way. It is the only way that we will get out of this mess. And I have every confidence, Mr. Speaker, I have every confidence that we, working together, can get out of this mess. The former Minister who spoke just before my colleague Cole Simons, said that we have a rocky road ahead of us. Well, certainly we do have a rocky road ahead of us, Mr. Speaker. And I think that many of us in the community do not actually understand and appreciate just how rocky that road will be. And certainly, many in our community do not know when that rocky road will start to smooth out and we will see a better and smoother journey going forward. I suggest that, if we do things to the best of our ability and work together to make it happen, we could be seeing a turnaround in 8, 9, 10 months, as we get into the spring and summer of next year. But we have . . . we still have so much that we have to do to get there and this access to capital can help us out. And that is why, Mr. Speaker, my colleagues and I in the One Bermuda Alliance, we have called over the past couple of weeks for a plan. We have called for a plan to help the needy, to stimulate our economy, to put people back to work, to bring new business to Bermuda. And Mr. Speaker, while we debate today in this virtual Parliament, we should not overlook a fairly solid foundation which we have to work from. And that is because of the work of successive governments in maintaining that foundation. Yes, we have argued about t hings, we have really been at odds about some certain things, but we have maintained a stable foundation. And what do I refer to as that foundation? I r efer to international business as part of that foundation, the biggest part of that foundation now, Mr. Speaker. And look around us. Bermuda is considered one of the top three reinsurance destinations in the world. The other two are London and New York. Sadly, both of those were decimated by the virus. Both of those, basically, could not have people in that industry wor king from where they wanted to work from. But here in Bermuda, Mr. Speaker, while we had to stay at home and we could not go into the office, our international business industry, for all [intents] and purposes from the conversations that I have had, Mr. Speaker, has continued to work quite well. They got all their contracts signed for the next year, did all they had to do, Mr. Speaker. I think we are poised in a good position to take advantage of a market where rates are starting to look a littl e bit better. A market where there is a distinct potential now that more money is coming into it. There are o pportunities for start -up companies, and we can take advantage that we show the world, little Bermuda out here in the middle of the Atlantic Ocean, show the world that through a pandemic that rocked this world, we managed to continue to do what we had to do. New York could not do it. London could not do it. New York probably won’t start to pull up their socks and get back to work in their offices until next year. I do not think many of those industries in there want to go back to New York. I am not saying this to be critical of our good friends to the West of us. I am saying it is reality. We have an opportunity, Mr. Speaker, to work together as one and attract business here , because it is waiting to come. And as my colleague said, the Honourable Member Cole Simons, through immigration policies that we can support and that this Government can sell to the people who we serve, we can capitalise on that . Capital is ready to form new corporations. It is looking for a home. It can help all of us, Mr. Speaker, not only bring new business to the Island but create job opportunity, and the word “wealth” for Bermudians going forward if we play our cards correct ly. It is there. We cannot afford to lose it to other jurisdictions, Mr. Speaker. It is a chance for us to build a stronger foundation and move forward. And if you look at Hong Kong, a place where Bermuda has a lot of business connections because of relat ionships with our companies and through the 4616 24 July 2020 Official Hansard Report
Bermuda House of Assembly UK and things like that, there is another opportunity for us, Mr. Speaker. And with the inventory we have available here in Bermuda in not only offices when people get back to work, but in residences, rental residences or highvalue properties that we have for sale to non- Bermudians , we can really turn this corner quickly. We can take this debt that , reluctantly , we have to grow today and we can pay it back much quicker, Mr. Speaker. Moving on, Mr. Speaker, there has been a lot of talk about tourism. I still believe that we have a fairly robust foundation to work from in tourism. And the Premier, as a new Minister, he has his views, but I think we can jump back quickly to the growth levels that we started to see under the OBA Government, Mr. Speaker. And if the Premier thinks it can be done through bringing celebrities here, that is fine. Let’s go for it. Let’s make it work. But the key for that is to put Bermuda back on the map and to make sure that we can get the air service to come back here, Mr. Speaker, because the big challenge will be air. The big challenge will be air because airlines are bleeding money like there is no tomorrow. They are going to be very hesitant about opening up. But, Mr. Speaker, because we managed the pandemic well, because Bermuda is a healthy place, and because we have a good reputation . . . despite how much we might argue as politicians , because we have a good reputation throughout the world which sees it through the proper lens, we are in a good position to turn this around. So, in short, Mr. Speaker, we have a lot to build on. We face tremendous challenges with COVID -19 and we should never, never make light of the rocky road that we have in front of us. But we have the opportunity as leaders in this community to turn this around and make 2021 a real new beginning, Mr. Speaker. And with that, Mr. Speaker, I thank you for the opportunity to speak.
The SpeakerThe SpeakerDoes any other Member wish to speak? Any other Member? Hon. E. David Bu rt: Mr. Speaker.
The SpeakerThe SpeakerPremier. You have the floor. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, when the Honourable Minister opened up his remarks on this Bill, he recounted the history. And I know how difficult it is for the Minist er of Finance doing that job because I once had …
Premier. You have the floor. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, when the Honourable Minister opened up his remarks on this Bill, he recounted the history. And I know how difficult it is for the Minist er of Finance doing that job because I once had that awesome responsibility. I remember that awesome responsibility, Mr. Speaker, because I remember when the Progressive Labour Party left office in 2012 t he debt was $1.2 billion. And I remember when we came back into office in 2017 and the debt was $2.4 billion. It had doubled in four and a half years. So, I remember that, Mr. Speaker. I remember in [2018] in our first budget when every single person on the side opposite and in the media and everywhere el se expected that the Progressive Labour Party would increase the debt ceiling and we did not, Mr. Speaker. We met budget targets. We kept a line on spending and we did what was necessary to hold the line, Mr. Speaker. That is the reason why under this Government our ratings went up, Mr. Speaker, due to sound financial management. And the next year, again, Mr. Speaker, we did not increase the debt ceiling and we got ourselves to a place where finally we were able to start the track to reduce the net debt. So it is very, very important that the record reflect exactly what happened, Mr. Speaker. So I go again, in 2012 [we were] $1.2 billion in debt. In 2017, four and a half years later, $2.4 billion in debt. That doubled in four and a half years. Everyone expected us to raise the debt ceiling; we did not raise the debt ceiling and we managed with what we had, Mr. Speaker. But what happened, Mr. Speaker? In 2019, we were forced to raise the debt ceiling to cover a guarantee that this Government did not support, that we spoke against in this Honourable Chamber when the former Government pushed it through, where we said that this was not the correct way to go, but yet they went there anyway, Mr. Speaker. Where did we find ourselves? We had to raise the debt ceiling to cover the cost of a project that we did not support, that we had spoken against, where we had warned of the dangers, but yet when the chickens came to roost, even though the One Bermuda Alliance had it featured well into their election campaigns about the country is moving again, we then had to raise the debt ceiling to cover their project, Mr. Speaker. It is important to note when Honourable Members opposite will speak about work not being done on the economy, they never want to talk about the things that were left over that this Minister of Finance has had to deal with, Mr. Speaker. And so, we fast forward to what we have now, Mr. Speaker, where the Minister of Finance, rightfully knowing that we would suffer a challenge when it came to revenue bef ore the House for April . . . sorry, after the budget session, increased the debt ceiling so we could get short -term financing to cover our liquidity challenges , because in effect there would be liquidity challenges when you have no planes and no cruise ships and [the[ reduction in activity that we were seeing, Mr. Speaker. So we got it, and now we are here recognising the fact that we have to do this in order to make sure that we can have the capacity to rebuild this economy. But I do not want anyone to f orget the history on this. It was not until this Government had to cover a failed project from the former Government that we
Bermuda House of Assembly raised the debt ceiling, Mr. Speaker. And that is something which is critically important for everyone to remember, Mr. Speaker, es pecially the party opposite. Now, Mr. Speaker, I appreciate the words and comments of the former Premier because they were measured. But at the same time, when other Members of his party say that we need to do something to enhance our economic status, Mr. Speaker, I remind Members Opposite that in 2018 and 2019 jobs increased in Bermuda. I want to remind persons on that side that we were able to attract new businesses to Bermuda in our existing lines of business in insurance, expansion of long- term insurer s with continued modifications to our laws, new jobs created in the digital asset space for FinTech. New jobs created throughout the country, Mr. Speaker. And so it is important for us to recognise that it is not all bad, because what people will try to te ll you, Mr. Speaker, is that before the pandemic everything was going wrong. And that is not the truth. But here we go, Mr. Speaker, because the Shadow Minister of Finance says, you know, We need to do something to enhance our economic status. And they c all for a plan for economic development on a day when the Opposition praises us for advancing long outstanding trust changes that is going to make Bermuda more competitive in the trust market driving investment jobs to the country, Mr. Speaker. The Honourable Member from constituency 8, Cole Simons, said , What is the Minister of Finance doing about the court system issue from BermudaFirst and other things?, on the day that the Minister of Public Works —
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Hon. E. David Burt: —announces progress on an international — Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Hon. E. David Burt: —arbitration centre, something that was left over from a BermudaFirst report which — Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerHold on. Hold on. Someone has a point . . . Hold on, Premier. Is someone trying to make a point of order? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Hon. Patricia J. Gordon -Pamplin: [INAUDIBLE]
The SpeakerThe SpeakerWe can barely hear you, Member. Hon. Patricia J. Gordon -Pamplin: [INAUDIBLE] been in power for three years, so I think [INAUDIBLE ]—
The SpeakerThe SpeakerUnfortunately, where you are Member, you are not coming through clearly. Your reception is bad so we are not really hearing your comment s. Hon. Patricia J. Gordon -Pamplin: —and we hope that it will make significant differences, Mr. Speaker, but with the [ INAUDIBLE ]. Okay. I am saying, …
Unfortunately, where you are Member, you are not coming through clearly. Your reception is bad so we are not really hearing your comment s.
Hon. Patricia J. Gordon -Pamplin: —and we hope that it will make significant differences, Mr. Speaker, but with the [ INAUDIBLE ]. Okay. I am saying, Mr. Speaker, . . . can yo u hear me now?
The SpeakerThe SpeakerYes, just make your point of order clear. POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: Okay. The point of order is that the Premier is conflating [ INAUDIBLE ] today —
The SpeakerThe SpeakerYou are gone again. You are gone again. Hon. Patricia J. Gordon -Pamplin: —[INAUDIBLE] that would make things better going forward. [Crosstalk]
The SpeakerThe SpeakerOkay. We lost . . . we lost . . . we keep losing you. We just cannot get any connecting words together. Based on that I am going to ask the Premier to continue. Hon. Patricia J. Gordon -Pamplin: Okay. Maybe one of my colleagues . . . can …
The SpeakerThe SpeakerOkay. You start off and then you fade again. Hon. Patricia J. Gordon -Pamplin: Can you hear me now?
The SpeakerThe SpeakerI can hear you at this moment but I am not sure we will hear all your words. Hon. Patricia J. Gordon -Pamplin: Okay, I’ll will ask , I’ll just text one of my colleagues to make the point of order.
The SpeakerThe SpeakerYou have faded right back out again. 4618 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: That’s fine, Mr. Speaker, I will take it up at another time.
The SpeakerThe SpeakerOkay. Thank you. Premier. Hon. Patricia J. Gordon -Pamplin: No worrries. No worries.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Sorry. Thank you, Mr. Speaker. And on a day when there are advancements moving through this House for two tourism properties, Orders being pushed through, we hear the constant refrain of looking for a plan. Mr. Speaker, we have been executing the plan, and the …
Premier.
Hon. E. David Burt: Sorry. Thank you, Mr. Speaker. And on a day when there are advancements moving through this House for two tourism properties, Orders being pushed through, we hear the constant refrain of looking for a plan. Mr. Speaker, we have been executing the plan, and the plan is very simple : build on what we have. Which we have done in the areas of financial services with new insurance companies continuing to choose Bermuda, continuing to invest in Bermuda, continuing to add jobs to Bermuda as we maintain our international relations. The other part of the plan was to diversify our economy, Mr. Speaker, where in we are making progress whether it be with the jobs that have been created in FinTech, whether it be with the other initiatives of which I laid out earlier today, whether it be subsea cable initiatives, whether it be the technology initiatives which are taking place in the [Bermuda] Business Development Agency [BDA], Mr. Speaker, whether it be with the things that the Minister of Regulatory Affairs is handling with space, and more things in the space industry, which we are making sure that we do to attract jobs and investment to Bermuda. We can talk about diversification, Mr. Speaker, on issues such as cannabis as well. The third thing in which we said, Mr. Speaker, is that we will m ake our government more efficient. The Deputy Premier yesterday announced that we have cut processing time in half at the Department of Planning , which is something that is necessary in order to make sure that we can speed people to work and from job to job, Mr. Speaker. And we said that we are going to go ahead and continue to invest in our people, Mr. Speaker. So the fact is that we have executed our plan. Now, could we do better ? Absolutely, Mr. Speaker! And I welcome the help and the recommendations of everyone in the country. We do not have all the answers, Mr. Speaker, and we have never professed to do so. What Government is about is the ability to listen, it is the ability to say, How do we make sure that we take what we have to benefit the greatest [number] of people and go ahead and excute that? And that is what this Government has been successfully doing. So, as I said, Mr. Speaker, I welcome the comments from the former Premier , because colloboration is important . And over the next three years we are going to have to make sure that we can get ourselves in a stable position, not just to get to a balanced budget, but to get to a surplus position so we are able to begin to pay down this debt and service this debt in a very good way and a very good fashion. But it is only going to happen, Mr. Speaker, if we recognise as a country that we must continue to work together to advance the matters on the economy. This Government is not in the habit of rejecting good ideas. I have said very clearly to investo rs, to persons, all the rest, if it creates even five jobs it is good enough for the country because those jobs will add up over time. So our perspective, Mr. Speaker, is that we will continue to work . But it is very important that the record in history is not rewritten when we remember what we had when we came into office and what we were able to do and to work with when there were many calls for us to increase spending in many places. We kept our fiscal discipline. We maintained our fiscal balance. And we were able to go through successive budget cycles without increasing the debt ceiling, [while] increasing our international ratings, while making sure that we made our taxes more fair, reduced taxes for persons at the lowest level to the lowest level in hi story to ensure that we made our economy more fair, Mr. Speaker. So this Bill happens today because we must. But the work of rebuilding this economy is going to take all of us . And I welcome the assitance from Members opposite in continuing to share their ideas so we can continue to work togther to make sure that we can get to a place where we balance this budget and start paying down this debt. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to speak? Any other Member? No other Member. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would like to thank Honourable Members for their contributions. Mr. Speaker, those of you who know me and have had the chance to kind of …
Thank you, Mr. Premier. Does any other Member wish to speak? Any other Member? No other Member. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would like to thank Honourable Members for their contributions. Mr. Speaker, those of you who know me and have had the chance to kind of watch me work in this Chamber know that I call them like I see them , and I kind of tend to pitch the ball right down the middle of the plate. So I get disturbed when I hear oftenrepeated comments that are not properly contextualised. One of those comments today was when the former Government inherited the mantle for leading the country in December of 2012 there was not any . . . they had to go borrow money for the payroll. Mr. Speaker, I want Honourable Members to know and also the general public to know that the Government regularly borrows m oney to meet payroll. It is a
Bermuda House of Assembly function of the inflows and outflows of cash inside of Government. Government tends to collect sums of money at quarter ends, and in the intervening months it spends more than it takes in, therefore giving rise to a need to borrow money. So hopefully this puts to rest the seeming accusation that somehow what was inherited was a extraordinary event. It might have been extraordinary then, but when I took over — Hon. L. Craig Cannonier: Point of order. Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Put your point clear ly. POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: Yes, the Honourable Minister is misleading the public in that it sounds as if he is attempting to say that, you know, governments borrow money all the time. But we inherited . . . …
Point of order. Put your point clear ly.
POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: Yes, the Honourable Minister is misleading the public in that it sounds as if he is attempting to say that, you know, governments borrow money all the time. But we inherited . . . when we said we inherited a debt of over a billion dollars that the PLP Government created.
The SpeakerThe SpeakerI think the point that he was trying to raise though was that your Member has said that money was needed to pay payr oll. And the Minister is just trying to clarify that borrowing for payroll is a common occurrence, if you follow his point. I am not — …
The SpeakerThe Speaker—trying to . . . his position, I am just trying to put what was put. Hon. L. Craig Cannonier: No, the Member suggested—
The SpeakerThe SpeakerIt was not a reference to the debt itself , it was how the debt was . . . how the fund was used, or [how] the money raised could be used. Hon. L. Craig Cannonier: The point is, Mr. Speaker, is that we would have had money had a …
It was not a reference to the debt itself , it was how the debt was . . . how the fund was used, or [how] the money raised could be used.
Hon. L. Craig Cannonier: The point is, Mr. Speaker, is that we would have had money had a billion- plus dollars not been created in debt. That was created by this Government. The PLP Government created that $1.4 billion of debt. That is why we did not have the money [ INAUDIBLE ]— [Crosstalk]
The SpeakerThe SpeakerYou made your point. The Minister will continue. Hon. L. Craig Cannonier: —to borrow money for payroll was not the normal procedure of Government in the past.
The SpeakerThe Speaker[Member] you made your point. Continue, Minister. Hon. L. Craig Cannonier : [INAUDIBLE ] ‘
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. As I was saying, governments typically have periods of inflows of cash that are not necessarily matched with the outflows of cash. And sometimes they have outflows of cash that are not properly matched with the inflows. And in those instances …
Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. As I was saying, governments typically have periods of inflows of cash that are not necessarily matched with the outflows of cash. And sometimes they have outflows of cash that are not properly matched with the inflows. And in those instances they avail themselves to liquidity from funding sources, like banks, they borrow —
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott Pearman[It’s] MP Pearman. I think the Honourable Finance Minister is perhaps inadvertently misleading the House. He is speaking about governments borrowing for cash flow purposes when they do not have a surplus. He would accept that this is only when they are in a position, where they already have significant …
[It’s] MP Pearman. I think the Honourable Finance Minister is perhaps inadvertently misleading the House. He is speaking about governments borrowing for cash flow purposes when they do not have a surplus. He would accept that this is only when they are in a position, where they already have significant debt, that they must do that. If they have a surplus, there is no need to borrow. He must agree with that.
Hon. Curtis L. Dickinson: Mr. Speaker, I thank the Honourable Member for his intervention. I do not agree with him. I would say that I am probably more familiar with how this works than he is and—
An Hon. Member An Hon. MemberNo, that is [ INAUDIBLE] Hon. Curtis L. Dickinson: I said before there were periods of time when the Government’s outflows, because of timing differences, exceed their inflows. It is a function of how the Government of Bermuda has worked for years. At the end of quarters, there is a …
No, that is [ INAUDIBLE]
Hon. Curtis L. Dickinson: I said before there were periods of time when the Government’s outflows, because of timing differences, exceed their inflows. It is a function of how the Government of Bermuda has worked for years. At the end of quarters, there is a huge inflow of funds and in the intervening months there is less so, but ther e are still expenses that need to be incurred.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanThe Honourable Finance Minister is misleading the House. 4620 24 July 2020 Official Hansard Report Bermuda House of Assembly It is perhaps true that [this] is the way the Bermuda Government has worked for years, but that is because for the past 20- plus years we have been a country …
The Honourable Finance Minister is misleading the House. 4620 24 July 2020 Official Hansard Report
Bermuda House of Assembly It is perhaps true that [this] is the way the Bermuda Government has worked for years, but that is because for the past 20- plus years we have been a country with massive debt. We have not had a surplus. That was necessity, and I would hope the Honourable Minister will agree with that.
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Mr. Speaker, what the Honourable Member Pearman fails to tell everyone is that it was eas y to have a surplus before 1998 because they did not do anything for the people or …
We will take your point of order.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: Mr. Speaker, what the Honourable Member Pearman fails to tell everyone is that it was eas y to have a surplus before 1998 because they did not do anything for the people or the infrastructure of this country. When we came in in 1998, we fixed things. We created FutureCare. We built schools. We rebuilt senior homes. The list goes on, Mr. Speaker . That is where our money went. It is because of the lack of spending by the previous OBA Government —
The SpeakerThe SpeakerThank you. Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, for clarity, the Honourable Member who just spoke, the Honourable Member from constituency 29, has to acknowledge the fact that, yes, they built on infrastructure; however, when something called two for the price of one . . . …
Yes.
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, for clarity, the Honourable Member who just spoke, the Honourable Member from constituency 29, has to acknowledge the fact that, yes, they built on infrastructure; however, when something called two for the price of one . . . sorry, one for the price of two, that is what put us into the inordinate debt . It was indiscriminate spending, Mr. Speaker.
The SpeakerThe SpeakerMember, I think that may be stretching it a bit. You have to be specific if you are going to go down that road. I think the point has been made without us having to go pulling the straws to try and drive points home. Hon. Curtis L. Dickinson: Thank …
Member, I think that may be stretching it a bit. You have to be specific if you are going to go down that road. I think the point has been made without us having to go pulling the straws to try and drive points home.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. So I am going to move on. The other point that I wanted to make was, I think in April, it was referenced i n April I made a comment about raising the debt ceiling and I only went up to $2.9. And I want Honourable Members to kind of understand the context around me making that statement. I do not have a crystal ball. I had no sense . . . I do not think anyone in this Honourable House had any sense of how devastating the impact, the economic fallout from COVID -19 would be on our economy. For me to make a profound, factual statement around how COVID -19 would impact us financially at that moment would have been irresponsible. I think Honourable Members would have taken me to task for being irresponsible in the execution of my duties. And so I waited to see what the impact was and then I did something really interesting. I took the advice of my professional advisors around what was possible with respect to Bermuda’s debt being able to be raised in the public [INAUDIBLE ] markets. I can tell you and my colleagues will know that I am the last person who wanted to raise the debt ceiling. And I did it relunctantly. But I have to be mindful that my own personal views around this issue cannot get in my way of doing what is right for the country. Honourable Member Simons asked a couple of questions about the Tax Reform Commission and the Fiscal Responsibility Panel and the BermudaFirst report. I can tell you my memory is very good because I can recall in the House of Assembly during the Budget Debate being taken to task for raising some taxes. And if memory serves me correctly, prominent features in both the Tax Reform Commi ssion’s report and the Fiscal Responsibility Panel’s report was that I should raise taxes more than I rasied them. So I am encouraged, somewhat belatedly, that I have been given kudos (I guess) or encouraged to kind of follow the recommendations to raise t axes as indicated in those two reports. What I will say is this around our tax system is that we face constant threats from external bodies around the structure of our tax code. We will at some point in time have to sit down and take a hard look at it to see if it is still appropriate, or if we want to continue to play the game trying to outrun those bodies that think that us having a low to zero income tax regime is a threat to their very existance. I think that should be done in a way that is constructiv e, that includes broad collorboration and consultation and I will not do it on the floor of the House of Assembly. I will gather together a group and work on trying to figure out what is the best system for Bermuda to fund the Government, to provide the services that our people need, and to ensure that we are compliant with all the international bodies with whom we choose to associate ourselves. With that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Bermuda House of Assembly Hon. D errick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 5:23 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whol e [House] for further consider ation of the Bill entitled Government Loans Amendment (No. 2) Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend section 2A of the Government Loans …
Honourable Members, we are now in Committee of the whol e [House] for further consider ation of the Bill entitled Government Loans Amendment (No. 2) Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend section 2A of the Government Loans Act 1978 to increase the limit on the public debt. Mr. Chairman, I move clauses 1 and 2.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 cites the title of the Act and is self -explanatory. Clause 2 amends section 2A of the Government Loans Act 1978 to increase the limit on the public debt from $2.9 billion to $3.5 billion. Thank you, Mr. Chairman.
The ChairmanChairman[Are there] any further speakers? Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, I am not sure if you can hear me.
The ChairmanChairmanYes, I can hear you. Continue, Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, as the numbers speak for themselves we are in serious debt as a countr y. We have no objection under the circumstances that we have to ensure that there is money. So …
Yes, I can hear you. Continue, Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, as the numbers speak for themselves we are in serious debt as a countr y. We have no objection under the circumstances that we have to ensure that there is money. So we support the increase, albeit, it is a bitter pill. Thank you, Mr. Chairman.
The ChairmanChairmanMember, you must understand whe n you are speaking in Committee you just speak to the clause. Those little — Hon. Patricia J. Gordon -Pamplin: I said, I said we support — The Chairman: —[comments] you make are not warranted. Hon. Patricia J. Gordon -Pamplin: I said we support the …
The ChairmanChairmanYes. But you said something else. Even though it was a bitter pill to swallow , something like that. Hon. Patricia J. Gordon -Pamplin: Yes, sir.
The ChairmanChairmanThose comments will not be tolerated. Minister. Hon. Curtis L. Di ckinson: 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 through 2 passed.] Hon. Cur tis 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? Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to t he House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as print - ed. Thank you, Minister. [Motion carried: The Bill entitled Government Loans Amendment (No. 2) …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as print - ed. Thank you, Minister.
[Motion carried: The Bill entitled Government Loans Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
The ChairmanChairmanMr. Speaker. House resumed at 5:25 pm [Hon. Dennis P. Lister, Speaker, in the Chair] REPORT OF COMMITTEE GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020 4622 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any objections to the Government Loans …
Mr. Speaker.
House resumed at 5:25 pm
[Hon. Dennis P. Lister, Speaker, in the Chair]
REPORT OF COMMITTEE
GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020
4622 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any objections to the Government Loans Amendment (No. 2) Act 2020 b eing reported to the House as printed? There are none. The Bill has been reporte d as printed and r eceived. We now move on to the next item on the O rders of the Day which is the second reading of the Insurance Amendment Act 2020 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled I nsurance Amendment Act 2020 be now read a second time.
The SpeakerThe Speaker[Are there] any objections? No objections. Continue, Minister. BILL SECOND READING INSURANCE AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of the Bill entitled the Insurance Amendment Act 2020 is to facilitate more effective supervision of the insurance sector by enhancing the cyber reporting event framework. Mr. …
[Are there] any objections? No objections. Continue, Minister.
BILL
SECOND READING
INSURANCE AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of the Bill entitled the Insurance Amendment Act 2020 is to facilitate more effective supervision of the insurance sector by enhancing the cyber reporting event framework. Mr. Speaker, the House would be aware that the Bermuda Monetary Authority is a founding me mber of the International Association of Insurance S upervisors [IAIS] and one of the first signatories to the IAIS Multilateral Memorandum of Understanding [MMoU]. The House is advised that there are 73 sign atories to the MMoU. Mr. Speaker, as at the 11th of July 2020, there were a total of 215 IAIS members includ-ing the Bank for International Settlements [BIS], the IMF [International Monetary Fund] , the OECD, the World Bank, as well as 55 members of the National Association of Insurance Commissioners (the NAIC). Mr. Speaker, the House will be aware that the NAIC is the US standard -setting body created and governed by the chief insurance regulators from the 50 states, District of Columbia, and five US territories. Mr. Speaker, as the leading member of the IAIS, the House will recall that various representatives of the Authority have been appointed to the Executive Committee and also currently serve and/or have served as co- chairs and/or vice chairs of various committees including, but not limited to, the Reinsurance Task Force, the Policy Committee, the Macr oprudential Committee, and the Financial Crimes Task Force. Our sincere thanks go to the team at the A u-thority for their tireless advocacy on behalf of Berm uda at home and abroad. Mr. Speaker, the I AIS insurance core princ iples and methodology constitute the globally accepted framework used in the evaluation of supervisory r egimes. The ICPs [I nsurance Core Principles ] consist of the essential principles that need to be in place for a supervisory syst em to be effective. The ICPs also serve as a basic benchmark for insurance supervisors in all jurisdictions. Public authorities concerned with issues of financial stability are urged to provide the necessary support to their supervisory authorities so that they can meet the principles based on the criteria set out therein. Mr. Speaker, part 6 of the ICPs set down the prudential requirements for insurance supervisors. ICP 18 covers matters related to the assessment of risk and risk management. ICP 18 states, that “The supervisory authority requires insurers to recognise the range of risks that they face and to assess and manage them effectively.” Specifically, the essential criteria set down under ICP 18 provides in part (a) that the supervisory authority s hould require and check that insurers have in place comprehensive risk management policies and systems capable of promptly identifying, measuring, assessing, reporting, and controlling their risks. Mr. Speaker, the key amendments to be made to the Insurance Act 1978 are as follows: 1. Section 30JE of the Act sets down certain notification provisions for insurance marketplace providers. Under section 30JE, insurance marketplace providers are required to notify the Authority of a cyber reporting event. It is proposed to amend section 30JE to expand the scope of this provision to include insurance managers, brokers and agents. 2. Section 30JE of the Act also includes a definition of a “cyber reporting event.” A cyber r eporting event is presently defined to mean “any act that results in the unauthorised access to disruption, or misuse of the electronic systems or information stored on such sy stems of a registered person, including breach of security leading to the loss or unlawful destruction or unauthorized disclosure of or access to such systems or information . . . .” It is proposed to amend the Act to revise the def inition of a cyber reporting event by qualifying the manner in which events are to be consi dered which will include the following: • Where the cyber reporting event has the likelihood of adversely impacting policyholders or clients, or where there is a significant loss of system availability, or where the integrity of information or data has been compromised or where there is a likel ihood that there has been unauthorBermuda House of Assembly ised access to information and or where an event has occurred for which notice is required to be provi ded to a regulatory body or gover nment agency. 3. Further to the above, the Act will be amended by inserting a new provision under section 30JE to expressly make provision for an obl igation to be placed on insurers to notify a cyber reporting event to the Authority in ci rcumstances similar to those of insurance managers and intermediaries under section 30JE. Mr. Speaker, as per section 2BA of the Ac t, additional details are set out under the insurance sector operational cyber risk management code of conduct. The cyber code of conduct must be read toget her with the Bill so that registered persons are clear about the initial notification time period. W hile the Bill provides for an obligation to notify the Authority on a forthwith basis, the cyber code provides that notific ation of an event must occur within 72 hours from the time there is either a suspicion or a confirmation of a material event, whichev er is sooner. The Authority has advised the Ministry that such grace period is in keeping with the BMA’s Statement of Principles whereby it always, in the first instance, seeks to allow for a r emediation period prior to undertaking enforcement action. Mr. Speaker, as a result of a final quality control check of the Bill, the Ministry and the Authority have been advised that a typographical error appears in the new section 30JE(5)(b)(i), at the bottom of page 2 of the Bill as follows: “[a] loss of system availability of the insurance manager, broker, agent or insurance marketplace provider” (and here is the operative language) “‘may determine’ and as they may determine.” Mr. Speaker, the Ministry has been advised that the Attorney General’s Chambers have noted the error and they have advised that it will be corrected under the powers of the Attorney General set out in section 11 of the Computerization and Revision of Laws Act 1989. The House would know that section 11 of the Computerization and Revision of Law s Act gives the Attorney General the power to correct grammatical and typographical errors. The words “may determine” will be deleted from this provision accordingly. Mr. Speaker, the code is expected to come i nto effect in January 2021 with enforcement co mmencing in December 2021. Once operational the cyber code of conduct will complement the general prov isions set out in the various codes of conduct pu blished for insurers and intermediaries. The code will be published as soon as possible after the Bill comes into effect. Mr. Speaker, as highlighted in the Authority’s 2019 Bermuda Insurance Sector Operational Cyber Risk Management [Code of Conduct] report, the A u-thority will continue to monitor and ensure that oper ational cyber risk assessments are integrat ed into all key supervisory processes such as year -end filing reviews, on -site visits, and supervisory colleges. Mr. Speaker, I wish to express my thanks to the Authority together with the insurance sector and the Ministry of Legal Affairs for their assis tance with the development of this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerYes, I c an. Hon. Patricia J. Gordon -Pamplin: Okay, thank you, sir. Mr. Speaker, I just want to thank the Minister for his introductory remarks and recognising that the . . . there will be a deletion under the slip Act and we have no objection to that. By …
Yes, I c an.
Hon. Patricia J. Gordon -Pamplin: Okay, thank you, sir. Mr. Speaker, I just want to thank the Minister for his introductory remarks and recognising that the . . . there will be a deletion under the slip Act and we have no objection to that. By way of general remarks, Mr. Speaker, I think it is important to recognise that the issue of cyber challenges, cybercrimes, the negative impact that it has on business is serious. You will know, Mr. Speaker, that during the last presidential election in the United States one of the biggest points of contention was the effect with which foreign nations actually attempted to delve into the databases of the United States. That situation does not just obtain in major situations like that, Mr. Speaker, in terms of country to country, but it can actually obtain in respect of indivi dual companies and corporations, the extent to which infiltration of a company’s securities and data walls and everything else, can actually have a negative i mpact on the outcome of a business. So in order to strengthen our cyber environment, we certainly support it as a Government, Mr. Speaker. We know that when we look at things like Paradise Papers and all those kinds of things that could speak negatively to all of their impacts, then you have to make sure that we have not just the ability to halt it, but also when such a thing occurs there is a regime in place to ensure that we have the ability to report it such that any damage could be minimised over time. So we support the legislation, Mr. Speaker, and I thank the Minister for bringing this legislation to this Honourable House. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to speak? No other Member. Minister. 4624 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Speaker, I would like to thank the Shadow Minister of Finance for her contribution and move that the Bill …
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 5:40 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL INSURANCE AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Insurance Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, I would like to move clauses 1 through 3.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Mr. Chairman, clause 1 provides the citation for the Bill. Clause 2 repeals section 30JE of the Insurance Act 1978, insurance marketplace provider to notify the Authority of certain events. Mr. Chairman, section 30JE of the Insurance Act 1978 imposes reporting requirements on insurance marketplace …
Continue.
Hon. Curtis L. Dickinson: Mr. Chairman, clause 1 provides the citation for the Bill. Clause 2 repeals section 30JE of the Insurance Act 1978, insurance marketplace provider to notify the Authority of certain events. Mr. Chairman, section 30JE of the Insurance Act 1978 imposes reporting requirements on insurance marketplace providers. Clause 2 amends the principal Act by repealing and replacing section 30JE to require insurance managers, agents, brokers and insurance marketplace pr oviders to report certain events to the authority including cyber reporting events. The new section 30JE also seeks to revise the definition of “cyber reporting event” by qualifying the manner in which events are to be considered, which will include where the cyber reporting event has a likelihood of adversely im pacting policyholders or clients or where there is a significant loss of system availability or where the integrity of information or data has been compromised or where there is a likelihood that there has been an unauthorised access to information systems and/or where an event has occurred for which notice is required to be provided to a regul atory body or [ INAUDIBLE ] government agency. Clause 3 inserts new section 30JEA insurers to notify the Authority of cyber reporting events. Clause 3 amends the princi pal Act by inserting a new section 30JEA to make provision for an obligation to be placed on insurers to notify a cyber reporting event to the Authority in circumstances similar to those of insurance managers and intermediaries under section 30JE. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. [Are there] any further speakers to this Bill? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Chai rman.
The ChairmanChairmanContinue, Honourable Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I just wish to say that we accept and we have no further comments to make under clause [ INAUDIBLE] the Minister has articulated on.
The ChairmanChairmanThank you, Honourable Member Gordon- Pamplin. Minister. Hon. Curtis L. Dickinson: Mr. Chair man, I move that clauses 1 through 3 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Curtis L. Dic kinson: 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. Patricia J. Gordon -Pamplin: Point of order. Point of ord er, Mr. Chairman.
The ChairmanChairmanWhat is your point of order? POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: Yes, just with . . . just, I’m sorry, the Minister will move that the Bill be reported to the House as printed, but it will be as amended with t he slippage Act. I just …
The ChairmanChairmanI did not hear you. Hon. Patricia J. Gordon -Pamplin: I’m sorry. I was saying the Minister is ready to move that the Bill be reported to the House, and I wanted to make sure that Bermuda House of Assembly it was reported to the House as amended by the …
The ChairmanChairmanWell, he hadn’t got to that yet. Hon. Patricia J. Gordon -Pamplin: Okay. I’m sorry. I am having a bit of a delay here so . . . I’m sorry. I thought he had reached there. But you understand my point, Mr. Chairman, so I’m happy however he chooses to …
The ChairmanChairmanThank you, Honourable Member. Minister, will you continue? Hon. Curtis L. Dickinson: Mr. Chairman, I move that the B ill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. [Are there] any objections to that? There appear to be none. Approved. The Bill will be reported to the House as amended. [Motion carried: The Bill entitled Insurance Amen dment Act 2020 was considered by a …
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Thank you. House resumed at 5:45 pm [Hon. Dennis P. Lister, Speaker, in the Chair] REPORT OF COMMITTEE INSURANCE AMENDMENT ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled Insurance Amendment Act 2020 being repor ted to the House as amended? No objections. The Bill has been reported as amended and received. We now move on to the next item on the O rder Paper for today …
Thank you, Deputy. Members, are there any objections to the Bill entitled Insurance Amendment Act 2020 being repor ted to the House as amended? No objections. The Bill has been reported as amended and received. We now move on to the next item on the O rder Paper for today which is the second reading of the Criminal Code Amendment Act 2020 in the name of the spokesperson for legal affairs. Honourable Mini ster, would you like to pr esent your matter?
Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Criminal Code Amendment Act 2020 be now read a second time.
The SpeakerThe SpeakerAre there any objections? No objections. Continue, Minister. BILL SECOND READING CRIMINAL CODE AMENDMENT ACT 2020 Hon. Kim N. Wilson: Thank you. Mr. Speaker, allow me to present to this Honourable House the Bill entitled Criminal Code Amendment Act 2020 which was passed in this House on the 8 th …
Are there any objections? No objections. Continue, Minister.
BILL
SECOND READING
CRIMINAL CODE AMENDMENT ACT 2020 Hon. Kim N. Wilson: Thank you. Mr. Speaker, allow me to present to this Honourable House the Bill entitled Criminal Code Amendment Act 2020 which was passed in this House on the 8 th of July 2020. Mr. Speaker, an offence of luring currently exists under section 182E of the Criminal Code Act 1907 ; however, this offence is not specific to a pos ition of trust and provides protection for a child up to the age of 16 years old. Currently, luring targets online electronic predatory conduct designed to facilitate la ter sexual activity with a child who is under the age of 16 years old, but there are no protections in place if communication by the predator is in writing or otherwise. Mr. Speaker, the purpose of this Bill is to i ntroduce new and revised provisions under the Crim inal Code Act 1907 which are long overdue. The amendments to the code are a response to the need for increased public safety for our vulnerable popul ation, namely our youth. For far t oo long persons under the age of 18 have not been protected from teachers, other authority figures, family members and friends of the family who have preyed upon them with persisted attempts to engage in inappropriate sexual romantic relationships. Mr. S peaker, the objective of the Criminal Code Amendment Act 2020 is to amend the Criminal Code Act 1907 for the following purposes: 1. to provide further protections for young persons under 18 years old by averting luring of young persons who are groomed by an adult, including a family member, in positions of trust or authority; 2. to deter persons from engaging in luring offences while in a position of trust or authority; 3. to further strengthen Bermuda’s child safeguarding regime; and 4. to modernise and enhance Bermuda’s l egalisation to align international best prac-tice and standards of the Lanzarote Convention under the Protection of Children against Sexual Exploitation and Sexual Abuse. Mr. Speaker, although 16- and 17- year olds have the ability to consent to some sexual acts, the overwhelming public sentiment and advocacy supports that sexual relations between adults in positions of trust and young persons between 16 and 17 is i m4626 24 July 2020 Official Hansard Report
Bermuda House of Assembly proper and must not be tolerated. When considering that luring behaviours by a person i n a position of trust can take place before a young person reaches the age of consent, and persist well beyond 16 years of age, we can see that 16- and 17- year olds are left exposed to exploitation without legal redress. In such scenarios perpetrators in a position of trust can escape prosecution for luring altogether. Mr. Speaker, it is for these reasons the Bill is intended to enhance the existing legislation by exten ding the current luring offence to include, whether orally or in writing, by means of com munication mediums or in any other manner. This amendment addresses the existing legislative gap which does not include written or other forms of communication with a child for the purposes of committing a sexual offence as luring. The amendment ensures st atutory protection exists to safeguard our children from perpetrators who use va rious forms of communication for the purpose of committing a sexual offence. Mr. Speaker, the existing legislation has failed to protect 16- and 17- year olds who have been lur ed by a person in a position of trust. Real life victims, child safeguarding advocates and child protection entities have each called for urgent changes to the cri minal law to increase the age of luring offences to i nclude young persons between 16 and 17 y ears of age. Currently the offence of luring is tied to the age of consent which is 16 years of age. Mr. Speaker, the Bill rectifies this issue by inserting a new section after section 182E of the Criminal Code 1907 which intr oduces an offence of luring of young persons by a person in a position of trust. The objective of this amendment is to close the gap in the current legisl ation so young persons under the age of 18 are given the same legal protections as children under the age of 16. This means the new offence will cover all young persons under the age of 18. Mr. Speaker, section 182EA is intended to cover situations where an adult who is in a position of trust through any form of communication gains a young person’s trust for the purposes of committing a sexual offence against a young person. The intended offence does not have to take place. The evidence of the adult’s intention to commit an offence against a young person may be drawn from the communications with the young person or may be drawn from ot her circumstances. Mr. Speaker, in the context of this offence i ntention is a state of mind and one who aims to bring about a particular consequence. In particular, luring is the aim to commit a sexual offence against a child. This intention is usually ev idenced through the communication with the child or young person. Mr. Speaker, the penalty prescribed in law for the offence of luring of a young person by a person in a position of trust on summary conviction is imprison-ment for five years and for convic tion on indictment is imprisonment for 15 years. These penalties corr e-spond to the seriousness of the offence and are suff iciently dissuasive as a deterrent. [If] a person [is] con-victed of luring in Bermuda and sentenced to a term of imprisonment for the offence, their name will be put on the sex offender register. Mr. Speaker, this Bill enables no defence pr ovisions under section 182EA of the Criminal Code Act 1907. This averts the accused from using the defence that they believed that the person was 18 years of age or older unless the accused took all reasonable steps to ascertain the age of the person. Mr. Speaker, section 329D of the Criminal Code Act 1907 is amended by the Bill by modifying the current listing of sexual offences to add the new offenc e under section 182EA, Luring of a young person by a person in a position of trust. Mr. Speaker, the Bill allows for consequential amendments to the Police and Criminal Evidence Act 2006 by inserting section 182EA of the offence of luring of a young person by a person in a position of trust to the list of serious arrestable offences. This amend-ment gives the police the authority to arrest the accused at the time the offence of luring of a young person by a person in trust is reported. Mr. Speaker, the inte nt of the Bill is that certain relevant factors may be considered at trial for a person being prosecuted for an offence under the new provision. Factors that might be taken into account may include the ages of the parties, whether there was consent, and the relationship between the parties such as whether an accused is a person in a position of trust with respect to the young person. This Bill also confirms that the evidential presumptions about con-sent with respect to an offence when an accused is a person in a position of trust have not been affected by the creation of the new section 182EA offence. Mr. Speaker, the proposed legislative amendments also enhance Bermuda’s child protection regime for the progressive realisation of the intern ational standards of the Lanzarote Convention under the Protection of Children against Sexual Exploitation and Sexual Abuse. Article18 of the Convention r equires countries to criminalise international conduct involving a person engaging in sexual activities with a child whe re abuse is made of a recognised position of trust, authority, or influence over the child including within the family. The amendment proposed in this Bill is drafted to also include relationships of dependency and is designed to capture f amilial relations hips. In closing, Mr. Speaker, the Government is committed to introducing these legislative amend-ments to protect our youth while ensuring that persons who commit luring offences are held accountable for their actions through the legal process. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Bermuda House of Assembly Mr. Scott Pearman: Thank you, Mr. Speaker. MP Pearman.
Mr. Scott PearmanThank you, Mr. Speaker. For the Opposition, I would like t o thank the Honourable and Learned Minister for her presentation in respect to this change to the Criminal Code. I think it is fair to say that all in Bermuda will welcome this change. This is something that has …
Thank you, Mr. Speaker. For the Opposition, I would like t o thank the Honourable and Learned Minister for her presentation in respect to this change to the Criminal Code. I think it is fair to say that all in Bermuda will welcome this change. This is something that has been supported and called for in the third- party charitable sector, for those charities dealing with children. It is a matter where other countries have led ahead of us. There were some observations, obviously earlier, this year or perhaps it was the end of last year by those familiar with child law how there were matters in the Lanzarote Convention for the protection of c hildren that we had not yet fulfilled. So this is good to see. And to be fair it comes alongside, commendable changes that we have seen to the Children Act and also changes to the previous Criminal Code in terms of the giving of evidence by youths in the court system. So all of this is commendable. Mr. Speaker, it would be remiss of me, however, not to observe when we are doing something very positive for our young people here in terms of protecting them, why there still has not been an independent judicial inquiry into the allegations of abuse and neglect in the Department of Child and Family Services. And so I raise that again in the hope that the goodwill engendered by this bipartisan support might also engender goodwill on the other side so that we can see that independent judicial inquiry happening because it will not go away and it has not been to bed. We in the Opposition do support this Bill and I thank the Honourable and Learned Minister for her presentation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Hon. Lovitta F. Foggo: Yes, Mr. Speaker.
The SpeakerThe SpeakerI recognise the Honourable Member. You have the floor. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, we on this side recognise the importance of introducing this amendment, and I can dare say specifically to the Minister who spoke to this Bill today and who at one time …
I recognise the Honourable Member. You have the floor.
Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, we on this side recognise the importance of introducing this amendment, and I can dare say specifically to the Minister who spoke to this Bill today and who at one time in her professional c areer sat in a different place, and in that place she and I had cause to be connected. In that place we saw first-hand with many of the people who dealt with inc idences of young people who would have been exposed to luring. This amendment takes care of a very crucial gap because, for instance, when in the high school sector we see our young 16- year olds and 17- year olds, sometimes at the hands of teachers who do use that opportunity to speak and connect with students in a certain way . . . for those of us who were in that ar ena and had cause for concern maybe because of the exchange and interaction and because the way the law was written at that point in time we had no real recourse, this puts a protection in place so that even if something is suspected (I would say) it allows others to raise the alarm bell which would give cause for the authorities to check for incidences of luring. And the fact that we now live in a society where there are all sorts of means of communication. It is not just the spoken word. There are electronic devices. There are written words. There are all forms of communication. It encompasses all of that so that a person cannot escape having to face the cons equences of using their position of authority and trust to gain control over that particular person that they may interested in. And as the Member who just spoke rightly said, you have the third sector community, you have counsellors of various types, you have persons who even operate within churches who see first -hand others who use their position of authority to gain the confidence and trust of those who are at their hands. Hopefully, this particular measure . . . not hopefully, it will help to eradicate and diminish those actions taking place. I would hope that those persons out there in the community at large upon understanding the amendments that are being put in place recognise that should they choose to engage in this type of behaviour they will face a sentence of five years or more, and will have to pay that price. Mr. Speaker, even through the TV I am sure many of us have been exposed to stories where we see persons at the hands of these (I would even call them) predators, who because of the luring, do not even appreciate that the actions that they are being subjected to are ones that they should question and, if you will, for the want of another term, should run away from. But because of the type of luring that they are subjected to, they may think somebody is being kind to them, or that somebody appreciates the way that they look or that somebody is just expressing their admiration or love, or what have you. And if they are conditioned appropriately they cannot discern between what behaviour is proper and what is not from those folks who are in a position of authority. Again, a measure lik e this that seeks to close this gap, will eradicate and prevent some of those would- be predators from using their positions to be able to take advantage of our young people. We cannot have teachers in classrooms anymore who while teaching will use that to be able to approach a student in a certain way. We cannot have people in churches who use their position in that arena to lure people in. We cannot anymore have family members who use their position of authority to just gain the confidence and trust of the young people that they have oversight 4628 24 July 2020 Official Hansard Report
Bermuda House of Assembly of without at least knowing that there is going to be a consequence that they are going to have to answer to while that young person is under the age of 18, because we know the legal age is considered 18. And so this step is a great step in the right direction and hopefully it will serve to diminish and even eradicate those types of behaviours from just progressing. And so, Mr. Speaker, I am glad that this legi slation is now here before us today and it will serve this community well and we will continue as a Government to implement measures such as these because it is our duty to make sure that we put every protection in place so that our young persons can grow and develop to have healthy, wholesome lives which will all ow them to be productive citizens in the community that they live in. And so, Mr. Speaker, with those brief comments I thank you for allowing me to speak.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. Hon. L. Craig Cannonier: Mr. Speaker.
The SpeakerThe SpeakerHonourable Member, you have the floor. Hon. Patricia J. Gordon -Pamplin: Is that my Leader, Mr. Speaker? I am not sure who you are recognising.
The SpeakerThe SpeakerYour voice came through first. Hon. Patricia J. Gordon -Pamplin: Okay, thank you, sir. Thank you, Mr. Speaker. Mr. Speaker, it is a well -known fact that we as adults have a responsibility to protect our children. The impact of luring and the psychological effect that this a ction has …
Your voice came through first. Hon. Patricia J. Gordon -Pamplin: Okay, thank you, sir. Thank you, Mr. Speaker. Mr. Speaker, it is a well -known fact that we as adults have a responsibility to protect our children. The impact of luring and the psychological effect that this a ction has on some of our young people som etimes is irreparable. So we have our young people who may have been exposed to [INAUDIBLE]
The SpeakerThe SpeakerMember, we are losing you again. Hon. Patricia J. Gordon -Pamplin: [INAUDIBLE] never [INAUDIBLE]
The SpeakerThe SpeakerYou normally come through very clear on other sittings but today you seem to be having some difficulties. [No audible reply]
The SpeakerThe SpeakerMember, we do not hear anything at all from you at this point. I believe that your . . . one of your other Members was indicating they wished to speak as you were trying to get my attention. Does that other Honourable Member wish to speak now? Hon. L. …
Member, we do not hear anything at all from you at this point. I believe that your . . . one of your other Members was indicating they wished to speak as you were trying to get my attention. Does that other Honourable Member wish to speak now? Hon. L. Craig Cannonier: Yes, Mr. Speaker. —
Hon. Patricia J. Gordon -Pamplin: —I do not believe there is a purpose, Mr. Speaker, [ INAUDIBLE ]
The SpeakerThe SpeakerOpposition Leader, your Member needs to understand she cannot have the floor if we cannot hear her, so I am going to acknowledge you. Hon. Patricia J. Gordon -Pamplin: —if the events have [INAUDIBLE] Hon. L. Craig Cann onier: Can we get her to mute?
The SpeakerThe SpeakerYes, I will mute her. I will find it right now. [Crosstalk]
The SpeakerThe SpeakerContinue. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I apologise for the connection that our Honourable Member is having some difficulty with today. I cannot support this particular Bill enough. Having had the opportunity of SCARS [ Saving Chi ldren And Revealing Secrets ] training, having sat on the …
Continue.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I apologise for the connection that our Honourable Member is having some difficulty with today. I cannot support this particular Bill enough. Having had the opportunity of SCARS [ Saving Chi ldren And Revealing Secrets ] training, having sat on the bipartisan board concerning some of the issues we are facing with our young peopl e, it is evident that we have been building toward this kind of legislation, and so it is very good. It is a good thing for Bermuda that we have this legislation before us, and so I thank the substantive Minister and the Minister who has presented it in th e House of Assembly today. One of the concerns that I do have about this particular . . . not this Bill itself, but what it is addres sing is that we have not been accountable enough to one another. During the SCARS training when we were looking at many of the atrocities (I will call them) that have taken place just in Bermuda alone, which involves luring, it is quite evident that we as adults, many adults, have not learned how to make wise decisions. And that could stem from any number of i ssues that we h ave not as parents done a good job, maybe as a community, not a well enough job at e nsuring that our young men as they grow older have not been able to discern good decision- making when it comes to abuse and abusing our young people. It was very, very evi dent during the SCARS training that this luring was very calculated in so many ways, whether it be family members, at sports clubs, whether it be churches and organisations as just the Honourable Minister Foggo had mentioned, we have a generation out there of folks who are not making wise decisions and we have seen it played out in the newspapers over and over and over. But the part, again, that really bothers me about this is we are not speaking up and we are not being accountable and we are seeing a lot of these things taking place in
Bermuda House of Assembly front of us and [we are] simply not intervening when we should be intervening at the very early stages to prevent these types of things, obviously, of becoming an atrocity. So here we are now after many, many decades, lifetim es, we are now getting to the point where we have legislation in place, and again I want to say I am grateful for those. I am grateful for the fact that we are now at this point. But this behaviour, quite frankly, as we have listened to different forums, i s no r especter of organisations, I mean, you can find this going on in just about anywhere, where literally the plotting, or the taking advantage of young people . . . and you know, we keep talking about young women, but we are also seeing the plotting and taking advantage of young boys as well. And we are already at a point where our intellectual capital, where you know . . . we are not . . . we are dying faster than we can be born and we are just debilitating ourselves by this kind of thing. It steals a future away from our very most precious resource and that is our people and their intellectual capital to co ntinue to keep Bermuda in good stead. And so I am grateful but we have got to do a better job and it starts with us. And I am grateful that most of us as MPs took the SCARS training. We need to be speaking up when we see these things by setting the example. And I am imploring all of us as 36 Members that when we see these things happening we need to intervene. If we get the call, we need to intervene to ensure that we are protecting our most vulnerable of us, and that is our young people. And now that we have this age of 18 where we have intr oduced this Bill, 18 and younger people, they are being protected as best as we can legislatively. So thank you, Mr. Speaker, for this opportunity to speak to it.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerYes, I can hear you and see you. Yes.
Mrs. Tinee FurbertOkay. Thank you. Good afternoon. Good afternoon to everyone. I see that we have no problem agreeing on this Bill today. It is something that is long overdue which I have mentioned to the Attorney General before in regard to bringing to this House, so I am glad that we …
Okay. Thank you. Good afternoon. Good afternoon to everyone. I see that we have no problem agreeing on this Bill today. It is something that is long overdue which I have mentioned to the Attorney General before in regard to bringing to this House, so I am glad that we are able to bring this Bill to the House to have it enacted. Some months ago I believe, I remember a group of protesters comi ng to the House of Assembly. They were protesting after a sentence was given for someone in our courts. And I remember speaking to a lady who wanted us to make such an amendment to our [Act], the one that we are bringing here today, and it included luring. And, you know, I think we have all seen that famous sort of scenario where you have someone in a car and they are calling a child over to the car to come and look at their dog or their puppy or maybe they are offering some sort of candy to them. We have s een that sort of scenario played out. That is an example of luring, tempting a person to do som ething by offering something, similar to the language that Minister Lovitta Foggo spoke to in regard to pre ying on our children. But that is luring. In this context we are speaking about written notes, or we are speaking about maybe messages because now it is much easier and faster to get a hold of someone via a WhatsApp message, a text message, something on social media, Snapchat, these are all sorts of social m edia platforms in which people can write messages to our children. And so, again, this Bill is well overdue. I think we had some sort of electronic protection even before we had this today, which is a written note or some sort of written luring, so I am gl ad that we are addressing this. As part of a sexual offender’s behaviour, we often see things like grooming or luring, so it was very important to bring this sort of protection to our chi ldren. We also just want to thank the advocacy groups as well for pushing for this change in our legislation. I am not going to delay this, Mr. Speaker. We all agree on this. We all agree that it for the protection of our children we would bring such a piece of legisl ation like this. It is also important that this legislation comes forward when we find our children who can sometimes be in a vulnerable position, maybe atten ding summer camps, attending afterschool curricular events where you have teachers or counsellors or coaches or even family members who participate in luring and grooming. And so, I’m just thankful for this Bill. I just want to say to all the protestors who were up on the hill at Parliament pushing for this legi slation that your Government has listened and here we now have this change. And so we just hope that it is . . . we know that it is going to be a protection for our children as we are speaking of persons under the age 18. We know that it is going to be a protection, an added protection for children, and hopefully no one will have to experience this if people now know that it is written in the law for the protection of our children. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? 4630 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Michael J. Scott: If I could, Mr. Speaker.
The SpeakerThe SpeakerYes, go right ahead, Honourable Member. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am very happy to also support and speak to the amendments that are on the floor of the House this afternoon. Mr. Speaker, this category of protection that we are giving further strength …
Yes, go right ahead, Honourable Member. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, I am very happy to also support and speak to the amendments that are on the floor of the House this afternoon. Mr. Speaker, this category of protection that we are giving further strength to is relating to children. A child, Mr. Speaker, is a human being between the stages of birth and puberty, or between a developmental period of infancy and puberty. It is such a vulnerable phase of any human being. In the entire an imal kingdom it is recognised that it is a phase that requires protection. And if I left out anything in our debate as legislators today it is that there be a deli berate focus, Mr. Speaker, an enhanced focus on just what the definiti on of a child is. I recall that as I practiced the law it was often in the context of the practice of the criminal law, a recognition that children do not appreciate the difference between right and wrong, for very good reason. Persons, human beings who are between the ages of birth and puberty continue to have developmental i nadequacy that ought not to have them seen to be ex-posed to physical danger, sexual abuse, neglect, [or] trauma because they process it entirely different from persons who have learne d as a consequence of experience of life how to manage and deal with these kinds of events in the human experience, Mr. Speaker. So, we see that the Bill has both specifically and expressly isolated teachers and family members. Our children–– today it is re garded as a requirement for every child, [as a form] of contact with that child, to have them have a cell phone or a communication device. And indeed, our children are developing their own culture or their communication with these devi ces. And whilst these devices have a positive benefit of the umbilical cord between the mother and father and the child, of course it comes with dangers as well because of the Internet. To the extent that the Minister piloting the Bill, the Honourable and Learned Member Kim W ilson (holding for the Attorney General of this country) . . . to the extent that they are providing a further protective wraparound of protection for children . . . and we cannot underemphasise the need to give a defence and ensure that the defence of inf ancy is sacred, and that because a child or an infant is carrying a device or in an environment where sexualised images are present there can be no excuse that they had the c apacity for managing, appreciating or interpreting these harmful images. And so the excuse can never be made either in law or in a family setting or in any type of raising of the defence while the child has become more . . . is a modern child because they have modern technical devices. What I am seeking to say, Mr. Speaker, is that notw ithstanding the modern technocratic realities of our children growing and living in a modern context and having control over and exposure to sexualised imagery, sexualised audios, sexualised music, phys ically violent audio, physically violent videos and im ages, we have to continue to make the point that because they have custody of these devices and ther efore exposure to them they are in no way good managers of this kind of content. The law, of course, does recognise that. And to the extent that we can driv e home that there can never be an excuse used that our children have it in their power and control, their thought, they can be held accountable for . . . that point has to be completely diminished and extinguished by the very definition of children, which is that they are between these ages of development but have not reached the point where they can appreciate the dangers or implications of the things that they have in their hands or that they see with their eyes or hear with their ears. To that degree, Mr. Speaker, not only an awareness effort, but even legislative defences put in place to drive home to would- be predators or lurers that there is no excuse, there is no legal defence when it comes to the relationship between a human being who is at this dev elopment stage between birth and puberty, there is no excuse or defence that can be applied to those who would seek to raise the defence that they have an understanding that developmentally . . biologically is the word I should . . . biolo gically, they are incapable of having. So it is the biological incapacity that I think we should as adults and leaders be seeking to put into the bloodstream of the discussion on this question so that we remove once and for all the temptation to assign to our children, to infants, to minors, capacities that biologically they are incapable of either managing or, indeed, having to manage their lives. And so I commend the Attorney General for taking, grasping this mantle and expanding to modern conditions to which I have been referring, expanding protections to take account of the modern conditions of the modern child in the technocratic megapolis that our children are growing up in in this country and across all our cities and countries. Of course, those would be my observati ons of support of the Bill. I heard the Honourable and Learned Member, Mr. Pearman, continue to say that . . . speak to what has become a back -end response to the whole rubric of child protection in our country. I hope that I have addressed the issue of proactive front -ending of pr otections. This is what the Attorney General is doing with this Bill by ensuring that upfront there is a prohib ition in law against luring by persons in positions of power and trust so that a legislative message is bold and clear that it is forbidden in our society for these kinds of behaviours.
B ermuda House of Assembly Going with it, as I have sought to demonstrate in my presentation, is driving home the awareness of the biological incapacity of infants and minors to pr ocess, and when exposed to either physical trauma, sexualised trauma, or emotional trauma, it harms them. It harms their little minds. It leaves them con-fused and when they do reach [adulthood] and as they continue to grow, it produces highly deleterious i mpacts on their lives. And when one considers that these are the . . . this is the going norm, this is the area of battle for us. I believe that we spend better time dealing with how we proactively prevent and how we actively protect our children without going into backhand inquiries as to what has happened within the Department of Child and Family Services . Mr. Speaker, it is a noble and constant enterprise that our society . . . where there are children being born every day into settings where these risks occur and it is our duty and responsibility to both mit igate and in cases as often as we can remove the risk of exposure of our children, of our minors, of our i nfants, to these kinds of harms. So I thank the Minister Wilson and the Attorney General ––and I am sure too that Ms. Christine DaCosta, who was serialise d in the daily paper, [we lcomes] these events, and is also happy and content to thank the Government for this legislation, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister, would you like to wrap us up? Hon. Kim N. Wilson: Thank you, Mr. Speaker. I thank honourabl e colleagues for their contr ibution and their s upport on this very, v ery important …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister, would you like to wrap us up? Hon. Kim N. Wilson: Thank you, Mr. Speaker. I thank honourabl e colleagues for their contr ibution and their s upport on this very, v ery important Bill, t he Criminal C ode Amendment A ct 2020 . And with that, Mr. Speak er, I would like to move that this Bill now be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 5:53 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMM ITTEE ON BILL CRIMINAL CODE AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Criminal Code Amendment Act 2020 . Mi nister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. With your leave, Mr. Chairman, I would like to move all …
The ChairmanChairmanContinue, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Clause 1 is the standard citation and confers title on this Bill as the Criminal Code Amendment Act 2020. Clause 2 amends section 182E of the Crim inal Code Act 1907 to include additional methods of communication, other than electronic …
Continue, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Clause 1 is the standard citation and confers title on this Bill as the Criminal Code Amendment Act 2020. Clause 2 amends section 182E of the Crim inal Code Act 1907 to include additional methods of communication, other than electronic means. This amendment addresses the existing gap under the cur-rent legislation by extending the offence of luring to include communication either orally or in writing by means of a communications medium or any other manner besides electronic communication. Clause 2 provides statutory protection for our children and young persons who are preyed upon by a person who through the use of all methods of communication for the purposes of committing sexual offences. Clause 3 inserts a new secti on 182EA in the principal Act. Clause 3 creates a new offence of luring by persons in a position of trust. This new section ex-tends protections for young persons under the age of 18. The intent of section 182EA is to provide protections when an adult who i s in a position of trust, communicates with a young person for the purpose of committing a sexual offence against the young per-son. The intended sexual offence does not have to take place. The adult’s intention to commit an offence against a young person may be drawn from the co mmunications between the adult and the young person or may be drawn from other circumstances. Clause 3 introduces sanctions of 15 years if a person is con-victed on indictment and 5 years on a summary conviction. Clause 4 amends section 329D(1) of the pri ncipal Act to add the section 182EA to the current lis ting of sexual offences. Clause [5], Mr. Chairman, allows consequential amendments of Schedule 1 of the Police and Criminal Evidence Act 2006 to add the section 182EA offence of luring of a young person in a position of trust. This amendment gives police the authority to arrest a person accused of a section 182EA offence. Clause 6 provides clarity by inserting a sa vings provision to confirm that nothing under section 182EA shall be construed as affecting section 233(3) of the Criminal Code Act 1907. Clause 7 provides for the commencement of the Criminal Code Amendment Act 2020.
The ChairmanChairmanThank you, Minister. 4632 24 July 2020 Official Hansard Report Bermuda House of Assembly [Are there] any further speakers?
The ChairmanChairmanYes, Honourable Member Pearman, continue.
Mr. Scott PearmanYes, we have no comments in Committee unless anyone else from our side does. Thank you.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin: Yes, I do, Mr. Chairman. I am not sure whether you can hear me. I have had terrible trouble with my Internet today. Can you hear me, sir?
The ChairmanChairmanYes, I can hear you. Hon. Patricia J. Gordon -Pamplin: Okay. Thank you. My question is in respect of clause . . . sorry. Clause 4 I believe is . . . my question is whether there is any —
The ChairmanChairmanWhat clause are you talking to? Hon. Patricia J. Gordon -Pamplin: Four, I think the Criminal Code the definition is . . . sorry.
The ChairmanChairmanOkay. Hon. Patricia J. Gordon -Pamplin: Sorry. Sorry. So rry. Sorry. Can you give me one second, Mr. Chai rman?
The ChairmanChairmanOne second. Hon. Patricia J. Gordon -Pamplin: Yes, sorry, sir. No, it is actually clause 3, Luring of young person by a person in a positio n of trust. Mr. Chairman, this is an arrestable offence. My question was whether in fact there was any stat utory limitation because the …
The ChairmanChairmanWhat was the question? What is the question? Hon. Patricia J. Gordon -Pamplin: [INAUDIBLE ] a possibility that there would be [INAUDIBLE] report [INAUDIBLE] upon report of the offence is there any possibility that there would be a [INAUDIBLE]
The ChairmanChairmanYou are breaking up, [Member]. It is very hard to follow you. [No audible response]
Mr. Scott Pearman—Shadow Minister was asking about limitations periods, if there were any li mitation periods.
The ChairmanChairmanMinister, you . . . do you understand the question? Hon. Kim N. Wilson: Yes, I do, Mr. Chairman. I do believe, and I am just waiting for technical advice, but based on my recollection when I was in the criminal courts ther e are no limitation periods with respect …
Minister, you . . . do you understand the question? Hon. Kim N. Wilson: Yes, I do, Mr. Chairman. I do believe, and I am just waiting for technical advice, but based on my recollection when I was in the criminal courts ther e are no limitation periods with respect to criminal offences. There might be challen ges with respect to the continuation of a prosecution if the evidence is old and outdated, but insofar as a statute of limitations for a criminal offence, I do not believe that that exists.
The ChairmanChairmanOkay. Any further speakers? Okay. Being that there are no further comments or questions on the Bill, Minister. Hon. Kim N. Wilson: Thank you. Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanDo the cla uses first, please. Hon. Kim N. Wilson: Sorry. Yes, Mr. Chairman, I would move that clauses 1 through 7 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 7 be approved. Are there any objections to that? There appear to be none. Approv ed. [Motion carried: Clauses 1 through 7 passed.] Hon. Kim N. Wilson: Thank you, 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 n one. Approved. Hon. Kim N. Wilson: 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? Bermuda House of Assembly There appear to be none. The Bill will be r eported to the House as printed. Thank you, Minister Wilson. Hon. Kim N. Wilson: Thank you. …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that?
Bermuda House of Assembly There appear to be none. The Bill will be r eported to the House as printed. Thank you, Minister Wilson.
Hon. Kim N. Wilson: Thank you. [Motion carried: The Bill entitled Criminal Code Amendment Act 2020 was considered by a Commi ttee of the whole House and passed without amendment .]
House resumed at 5: 58 pm
[Hon. Dennis P. Lister, Speaker, in the Chair]
REPORT OF COMMITTEE
CRIMINAL CODE AMENDMENT ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Criminal Code Amendment Act 2020 being reported t o the House as printed? There are no objections. It has been reported as printed and received. That brings us to a close of that matter. We now move on to the …
Thank you, Deputy. Members, are there any objections to the Criminal Code Amendment Act 2020 being reported t o the House as printed? There are no objections. It has been reported as printed and received. That brings us to a close of that matter. We now move on to the next item on the Order Paper which is the Criminal Code Amendment (No. 2) Act 2020. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I move that the Bill entitled Criminal Code Amendment (No. 2) Act 2020 be now read a second time.
The SpeakerThe Speaker[Are there] any objections? No objections. Continue, Minister. BILL SECOND READING CRIMINAL CO DE AMENDMENT (NO. 2) ACT 2020 Hon. Kim N. Wilson: Thank you, Mr. Speaker. I am pleased to present to this Honourable House the Bill entitled Criminal Code Amendment (No. 2) Act 2020. This Bill amends section …
[Are there] any objections? No objections. Continue, Minister.
BILL
SECOND READING
CRIMINAL CO DE AMENDMENT (NO. 2) ACT 2020
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I am pleased to present to this Honourable House the Bill entitled Criminal Code Amendment (No. 2) Act 2020. This Bill amends section 519 of the Criminal Code Act 1907 to modernis e the jury selection process by providing parity between the Crown’s and the defendant’s challenges to potential jurors for Supreme Court criminal trials. The Bill will also replace an out -of-date reference to the death penalty in the Criminal Code Act 1907 and repeal the archaic prov ision, namely section 521, allowing for all male jurors. Mr. Speaker, the public will be aware that the Constitution guarantees an accused person the right to a trial by jury if they are being tried for an offence in the Suprem e Court. The jury selection process is conducted in part according to provisions in the Criminal Code Act 1907. A jury consists of 12 persons plus alternates. Jurors play an important role in criminal trials as they bring their individual and collective common sense and broader life experiences to the assessment of the evidence presented at trial. As the Government perpetually keeps the state of law under review for modernising reform, we have acknowledged that there is a disparity in the jury selection pr ocess which could give the appearance of bias benefiting the Crown. The offending provision, namely section 519 of the Criminal Code Act, allows the Crown to stand by an unlimited number of poten-tial jurors without having to give reason. Potential j urors w ho are stood by when first called and are not recalled, at which point the Crown would have to just ify their exclusion unless the rest of the panel has been exhausted, effectively gives the Crown greater opportunity to select a jury which is perceived to b e more sympathetic to the prosecution. Conversely, Mr. Speaker, a defendant has a fixed number up to a maximum of five challenges, d epending on the type of the offence, without being r equired to give a reason. This has led to defendants claiming bias because of their perception of how the Crown has exercised its options to standby potential jurors. The Crown’s use of the standby, Mr. Speaker, has fallen out of favour in many jurisdictions including the United Kingdom , Canada, and British Overseas Territorie s [of the] Cayman Islands and British Virgin Islands. Standby provisions are increasingly being removed from jury selection laws because they are criticised for being open to potential abuse by the Crown to stack the jury on racial, sexual, ethnic, age or other implicitly biased grounds. Use of standbys has been subjected to legal challenges and constit utional grounds for potentially offending t he fundamental rights of a fair trial, lack of equality of arms be-tween the parties, violating the rule of law and breac hing the rules of natural justice. Mr. Speaker, the proposed amendments to the Criminal Code Act 1907 will repeal the section [permitting] unlimited standbys by the Crown and give the Crown and defendant equal numbers of without cause cha llenges to potential jurors. “Without cause” simply means the objecting party does not have to give a reason for their objection to the potential juror. The Crown and the defendant will also be able to agree to excuse any number of potential jurors with the intr oduction of a new provision in this Bill. Mr. Speaker, it is also timely to correct the sexist provision in the Criminal Code Act 1907 which permits empanelling all -male jur ies in cases where matters of an indecent nature are likely to arise. I do not believe the public needs much explanation as to 4634 24 July 2020 Official Hansard Report
Bermuda House of Assembly why this provision no longer comports with gender equality rights. With that, Mr. Speaker, I welcome Honourable Members contributions to this debate. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak?
The SpeakerThe SpeakerYes, Honourable Member, you have the floor.
Mr. Scott PearmanYes, this is quite a topical matter, Mr. Speaker. There has been a recent judgment handed down in the Supreme Court by our current Chief Justice. That judgment has been referred to in the press, and I believe it was handed down, but it is not yet available for reading, …
Yes, this is quite a topical matter, Mr. Speaker. There has been a recent judgment handed down in the Supreme Court by our current Chief Justice. That judgment has been referred to in the press, and I believe it was handed down, but it is not yet available for reading, so I am not able to comment further on the logic and reasoning that th e Chief Justice deployed to come to the same conclusion as this legislature is coming today. We in the Opposition support this Bill. It is a long-time coming. As the Honourable and Learned Minister mentioned, the number of peremptory challenges was something that was scaled back already in the UK. I believe it was done away with entirely in the 1980s, or thereabouts, in the UK. So this is something that is bringing the Criminal Code up to modernity. Likewise, I had not realised the anachronistic bit about all-male juries in those instances, but yes, a nice bit to pick up onto and get rid of that as well at the same time. Those are the observations that we on this side have. It is vitally important that anyone participat-ing in a society look to their judic ial system and feel that that system is fair and fair to all, and to the extent that prosecutors having unlimited peremptory challenges or peremptory challenges that expand throughout all the members of the jury, when the defence team does not, just smacks of unfairness. And so people can understand that. So, I think that there may be others who wish to speak, but those are our observations on behalf of the Criminal Code Amendment (No. 2) [Act 2020]. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member . Does any other Member wish to speak? Hon. Michael J. Scott: Yes, Mr. Speaker, I would like to contribute to the —
The SpeakerThe SpeakerYes, Honourable Member, continue. Hon. Michael J. Scott: Thank you, Mr. Speaker. I welcome the Honourable and Learned Member who speaks for justice matters on the other side’s support of the Bill, unsurprisingly. The issue at hand here, Mr. Speaker, is of course the question of equality of arms in …
Yes, Honourable Member, continue. Hon. Michael J. Scott: Thank you, Mr. Speaker. I welcome the Honourable and Learned Member who speaks for justice matters on the other side’s support of the Bill, unsurprisingly. The issue at hand here, Mr. Speaker, is of course the question of equality of arms in one of the most important of our systems of justice, which is the criminal tria l which puts at stake or in jeopardy a citizen’s liberty even. Mr. Speaker, so I commend Minister Wilson’s pilotage of this much anticipated Bill through the House. It finally creates equality of arms in the pr ocess of a criminal trial. It is long overdue that in cases where one expects to have a trial by one’s peers, and where we have in this country over and over young (or old) persons who are tried in the courts, often black men, young black men, involved in the unrelenting chance to bring gang beefs and murders to book, no matter how serious the crime, the system of justice must remain even- handed, there must be equality of arms. And so to have a system where the Director of Public Prosecutions [DPP] Crown representatives could seek to weed out of the tr ials of fact persons who might have an empathetic or sympathetic view to a young black Bermudian male by ensuring that the jury is comprised of a majority of females (classic tactic deployed up until today, and after this Bill passes, should . . . will sto p), or to weed out persons who might be perceived as having a more open and liberal approach to the facts in a criminal trial, or to life itself by choosing persons who might be seen as being more conservative. These were the tools used by the prosecution, the DPP’s office, across the centuries, certainly. And certainly in Bermuda’s modern history I have seen it happen with the deployment of choosing special juries, and we welcome t he fact that Minister Wilson and the AG have seen that even an all -male jury provision. It is finally buried. But I have seen it happen throughout our history where the attempt was both open and obvious to shake the jury to a con-servative, outlooking (or inward looking) set of jurors and triers of fact. And it harmed and has harm ed many defendants who have come before the courts. And this raises the very issue, Mr. Speaker, as to whether these past wrongs will become the su bject of judicial review because persons convicted possibly having served and are released from Correc-tions, or persons who are serving Corrections, decide that they wish to take a class action or some action to right what they believe were wrong. I happen to know the former Attorney General, Mr. Mark Pettingill, who took the judicial review before the Chief Jus tice Narinder Hargun recently, has discussed these very kinds of possibilities with him. And so this is a good thing. It is not a reality about which I am describing as a risk. It is just a real ity and a right for any citizen to take up if they feel that their matter was undone by the provisions under section 519 of the [Criminal] Code. So it is a good day for doing what the Attorney General has committed herBermuda House of Assembly self to doing, and, indeed, she has committed [to this] by establishing the Law Reform Commission to do justice to keep a hand on the tiller to perpetually keep the state of our laws under review for modernising them for necessary reforms, and this is an important reform step, a giant leap as we should say, for justice in our country. So I am happy to s upport the Honourable and Learned Health Minister’s pilotage of this Criminal Code (No. 2) Bill, removing the lack of equality of arms in the context of a criminal trial. Thanks, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Hono urable Member wish to speak?
Mr. Rolfe CommissiongAll right, Mr. Speaker. Thank you. Mr. Speaker, I can sum this up in three words. Shame on us! Shame on Bermuda that it t ook us until 2020 to remove a provision under the Criminal Code that so egregiously, so blatantly tilted the scales of justice. Hats off to …
All right, Mr. Speaker. Thank you. Mr. Speaker, I can sum this up in three words. Shame on us! Shame on Bermuda that it t ook us until 2020 to remove a provision under the Criminal Code that so egregiously, so blatantly tilted the scales of justice. Hats off to Mr. Pettingill and his client because they actually performed a very important service here in the interest of justi ce, and, dare I say, in the interest of racial justice, because in a society such as ours, fraught with a tortured history around race, we can only imagine how these types of provisions formed a systemic ecosystem that so informed racial inequity and racial inequality in Bermuda. I can imagine this weapon was wielded during the tumultuous late 1950s, 1960s, and 1970s, almost in a way to predetermine outcomes. Imagine that when there was jury selection in the matter that Mr. Pettingill is now engaged in through the court, they rejected five black jurors during that process. So this is no small thing. You know coming out of Black Lives Matter, and I have said it before, there were two words that were so important in terms of our understanding of what that was about and also conveying to us around the world what the mission really is about. And those were the two words encapsulated as “sy stemic racism.” We in Bermuda, including some Black Bermudians, some of whom man our criminal justice sy stem—the Chief Justic e himself practiced in our courts for decades —have normalised the systemic racist policies manifested in a structural way, i.e., in our law, and daily implemented in terms of how we conduct what we call “criminal justice” in our courts. So, shame on us. But there is so much more we need to do. So I commend what is second place here, that standby provision. We all know that it is well past its sell-by date, as a few of the Members have mentioned about how even in the UK and beyond it has been eliminated, and rightly so. But even if you are talking about in the Diaspora, within what was once the Bri tish Empire, I am pretty sure this was a key feature in all of its possessions where it established this so-called common law justice in all of the colonies. And this would have been a key tool, a key weapon of control. And so it is long overdue that it has been retired, but we are going to make sure it is today. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Member. Does any other Honourable Member wi sh to speak? No other Member? Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker, and I thank Honourable Members for their contributions. With that, Mr. Speaker, I would like to move that this Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 6:53 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL CRIMINAL CODE 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 the Criminal Code Amendment (No. 2) Act 2020 . Minister, you have the floor. Hon. Kim N. Wilso n: Thank you, Mr. Chairman. I would like to move all five clauses, …
The ChairmanChairmanContinue. Hon. Kim N. Wilson: Thank you. Clause 1 is the standard citation and confers title on this Bill as Criminal Code Amendment (No. 2) Act 2020. Clause 2 amends section 329E of the princ ipal Act in subsection (1), which provides the court “shall” remand an offender convicted of …
Continue. Hon. Kim N. Wilson: Thank you. Clause 1 is the standard citation and confers title on this Bill as Criminal Code Amendment (No. 2) Act 2020. Clause 2 amends section 329E of the princ ipal Act in subsection (1), which provides the court “shall” remand an offender convicted of a serious personal injury offence, before sentence is imposed, and gives statutory effect to the declaration made by the court (in the case of Justin Parsons and the Attorney General and Minister of Legal Affairs) that the offender “may” be remanded. 4636 24 July 2020 Official Hansard Report
Bermuda House of Assembly Clause 3 amends section 519 of the principal Act (Challenge of jurors) to provide how jurors can be challenged without cause by the Crown a nd an accused person and to repeal the subsections that give the Crown the power to stand by potential jurors. It also inserts a new subsection (1A) to provide the pr ocess when both the Crown and an accused person agree that a juror should be excused. Clause 4 repeals section 521 (Power of court to order all male jury) of the principal Act to remove the power of the Court, on application by the Crown or an accused person, or by the Court’s own motion, to order an all -male jury in cases where matters of an indecent nature are likely to arise. Clause 5 provides the saving provision.
The ChairmanChairman[Are there] any further speakers?
The ChairmanChairmanHonourable Member Pearman, continue.
Mr. Scott PearmanThank you. Just two questions to the Honourable and Learned Minister, and with your leave, Mr. Chairman, I will put them both at the same time and then she can answer them.
Mr. Scott PearmanThank you. Honourable and Learn ed Minister, the clause 3 of the Bill draws a distinction on the number of peremptory challenges. They are both going to be aligned between the defence and the prosecution, so it is the same number of challenges. But it draws a distinction at clause …
Thank you. Honourable and Learn ed Minister, the clause 3 of the Bill draws a distinction on the number of peremptory challenges. They are both going to be aligned between the defence and the prosecution, so it is the same number of challenges. But it draws a distinction at clause 3(a) [ new section 519] (1)(a) and in clause 3 [new section 519] (1)(b) between five persons in one instance and three persons in the other. So in certain types of cases where there is mandatory life sentence, you can have a challenge of up to five people, and in other types of cases it is going to be limited to just three challenges on each side. I was hopeful you could explain the thinking behind that in a little bit more detail as it was not a matter covered in your brief. And my second and final question rel ates to the saving provision, which is on page 2 of the Bill, clause 5(2). And as I read it the point being made there is that this is a forward- looking process and the fact that the old process has been applied in previous instances, will not solely on th at ground allow for p otential appeal on a quashing of a conviction. So that is how I read it; I think that is what it says, but I would be grateful for clarification from you on that second point. Thank you, Mr. Chairman, for allowing me to put both quest ions at once. The Chairman: Thank you. Thank you, Honourable Member. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Chairman. As I await a little assistance from the technical persons at Chambers, with respect to the second question that was raised by the Honourable and Learned Member, I would interpret that section as the way he just now announced that. I believe that is how I interpreted clause 5, the saving provision. And as it relates to clause 3 [new section 519] (1)(a) with respect to five persons or three persons, as the brief indicates (this may or may not be a direct answer to the question) it depends on the nature of the offence with respect to which one would be a maximum of five challenges and three challenges. I sus-pect that depends on the severity of the offence. But I am just hoping that I can get . . . here we go. Offences that carry life imprisonment as a manda-tory sentence are the most serious offences and those are the ones that would have more challenges.
The ChairmanChairmanYes. Hon. K im N. Wilson: I beg your pardon?
The ChairmanChairmanYes, I got you. Hon. Kim N. Wilson: Okay. Thank you, Mr. Chai rman.
The ChairmanChairman[Are there] any further comments?
Mr. Scott PearmanNone from me, Mr. Chairman. I do not know if others will.
The ChairmanChairmanOkay. Are there any further comments or questions on the clauses 1 through 5? There appear to be none. Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I would like to move that clauses 1 through 5 be approved.
The ChairmanChairmanIt has been moved 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.] Hon. Kim N. Wilson: Mr. Chairman, I move that the preamble be approved. The Chair man: It has been moved …
It has been moved 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.]
Hon. Kim N. Wilson: Mr. Chairman, I move that the preamble be approved.
The Chair man: It has been moved that the preamble be approved.
Bermuda House of Assembly Are there any objections to that? There appear to be none. Approved.
Hon. Kim N. Wilson: Thank you, 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 reported to the House as printed. Thank you, Minister Wilson. [Motion carried: The Bill entitled Criminal Code Amendment (No. 2) 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. The Bill will be reported to the House as printed. Thank you, Minister Wilson. [Motion carried: The Bill entitled Criminal Code Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6:55pm
[Hon. Dennis P. Lister, Speaker, in the Chair]
REPORT OF COMMITTEE
CRIMINAL CODE AMENDMENT (NO. 2) ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Criminal Code Amendment (No. 2) Act 2020 being reported to the House as printed? There are none. The Bill has been reported as printed and received. We will now move on to the next Order on the Paper today. It …
Thank you, Deputy. Members, are there any objections to the Criminal Code Amendment (No. 2) Act 2020 being reported to the House as printed? There are none. The Bill has been reported as printed and received. We will now move on to the next Order on the Paper today. It is the second reading of the E xpungement of Conviction Act 2020. Minister, would you like to present the matter?
BILL
SECOND READING
EXPUNGEMENT OF CONVICTIONS ACT 2020
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I move that the Bill entitled the Expungement of Convictions Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections? No objections. Continue, Minister. Hon. Kim N. Wilson: Mr. Speaker, Honourable Members may recall that soon after this Government was elected, it enacted the Misuse of Drugs (Decriminal isation of Cannabis) Amendment Act 2017. Hereinaf-ter, Mr. Speaker, I will refer to that as the Act. In …
Are there any objections? No objections. Continue, Minister. Hon. Kim N. Wilson: Mr. Speaker, Honourable Members may recall that soon after this Government was elected, it enacted the Misuse of Drugs (Decriminal isation of Cannabis) Amendment Act 2017. Hereinaf-ter, Mr. Speaker, I will refer to that as the Act. In part, the preamble to the Act stated that its purpose was “to remove criminal sanctions in relation to the possession of cannabis, where the amount is less than [or equal to seven grams] . . . .” At the time, the overall policy objective was stated to be the discontinuation of the long- standing practice of criminalisation of recreational cannabis use. It was a long- overdue response to gener ations of Bermudians facing criminal penalties for being caught with small amounts of cannabis for personal use. In particular, it was the realisation of a campaign promise to rid our society of the unfairness, especiall y to young Black males, of harsh drug enforcement and criminal justice practices long recognised as having a lifetime impact on education and employment pr ospects for our youth. Mr. Speaker, that was to be the initial step in achieving social justice to persons most likely to be affected by cannabis prohibition laws. The next logical step is to offer redress to those carrying criminal records for possession of small amounts of cannabis before the cannabis decriminal isation laws came into effect. Mr. Speaker, I am pleased to present to this Honourable House the Bill entitled the Expungement of Convictions Act 2020. This Bill makes provisions for an application to r emove criminal conviction records of persons convicted for possession of less than or equal to the statutory threshold of seven grams, under the Act. Presently there are persons, Mr. Speaker, in Bermuda with criminal convictions on the record for an offence which is now decriminalised because their conviction was recorded prior to the amendment to the law taking place in December of 2017. Accordingly, it would be unfair to leave those persons to conti nue to suffer the consequences for an offence which has been repealed and that societal values no longer consider warrant criminal sanction. This Bill provides the opportunity for those affected persons to over-come the negative sting of biases and exclusions attached to those criminal histories. The procedure prescribed by the Bill is for persons convicted of possession of less than seven grams of cannabis before the 20 th of December 2017 to apply to the Minister of Legal Affairs to make an order that the record of their conviction is expunged — in other words, Mr. Speaker, an expungement order. Mr. Speaker, it is a simplified procedure which permits affected persons to apply to the Minister for an expungement order by providing basic details of their conviction and minimal personal information such as name, date of birth and home address, also the address at the time of conviction. Ministerial discretion can be exercised to r equest additional information beyond that which the applicant submits for the Minister’s consideration. Provisions within the Bill also allow an applicant to appeal the Minister’s refusal to make an expungement order. 4638 24 July 2020 Official Hansard Report
Bermuda House of Assembly The ultimate ef fect of making the expungement order is captured under clause 8(2). That is to say, the person is therefore to be treated as not having committed the offence, not having been charged or prosecuted for the offence, and not having been convicted or sentenced for the offence. A person with an expungement order will not be compelled to have that prior criminal record be used against him in crim inal proceedings. Likewise, prospective employers cannot use it to deny him or her employment. In other words, a person with an expungement order will not be subject to any legal ramifications such as perjury or giving a false statement by not acknowledging or di sclosing the prior existence of an expunged record. This includes in response to any inquiries made of them for any purposes either by a court of law or a prospective employer. Mr. Speaker, in practical terms, an expung ement order will have the effect of completely erasing the applicable criminal conviction. For all intents and purposes, that conviction will no longer exist under Bermuda law and for conducting affairs within Berm uda. Expungement orders will be binding upon author ities and entities in Bermuda, including those who hold and make criminal conviction records available to third parties. Mr. Speaker, to position this proposed law reform within a global context , a number of other countries have recently decriminalised or legalised cannabis possession and/or uses to varying degrees. And these jurisdictions include Trinidad and Tobago, Jamaica, Barbados, Ca nada, Australia and more than 30 states within the United States of America. Lik ewise, since embracing cannabis decriminalisation or legalisation measures, a number of countries have also sought to expunge past criminal conviction records for cannabis offences. For example, Jamaica has a Criminal Records (Rehabilitation of Offenders) (A utomatic Expungement of Convictions) Order , which became effective in July of 2015. Canada passed Bill C-93 in June last year, which allows persons to be pardoned immediately and at no cost for simple cannabis possession upon making application to do so. Mr. Speaker, within the United States, expungement for simple cannabis possession and other forms of criminal record relief, such as sealing and set -aside, have now been enact ed in more than a dozen states. Most US laws require individuals to file pet itions in court to obtain relief. One of the pressing questions locally is whether expungement of a prior cannabis conviction record will avoid a person being on the US immigration stop list. This question cannot be answered definitively, as US i mmigration policy is entirely [of] its own making and operates independent of other countries’ laws. Canadians , for example, are faced with a similar challenge to Bermuda, as the US has sai d that it does not recognise Canada’s convi ction pardons. This means Canadians with past convi ctions can still face difficulty crossing into the United States border, notwithstanding that they have been lawfully pardoned. Mr. Speaker, where we can give as surances is by highlighting that once an expungement order is issued, local authorities would be prohibited from providing criminal conviction records for the expunged offence to any person or entity locally or internationally. In other words, no new crimi nal record information for expunged offences could be provided to US imm igration authorities post expungement. It can also be said that with the relatively r ecent trends in decriminalisation across the United States, expungement offers the best opportunit y for overcoming the stop list hurdle in the future. Mr. Speaker, I am confident that this will bode well for those who would otherwise have their future compr omised because of historic personal drug abuse. This latest measure towards achieving social and restor ative justice in Bermuda, especially for young Black Bermudian men, will not be the last. The intent is to ensure that the law does not unnecessarily stigmatise persons based on historic personal drug use. With that, Mr. Speaker, I conclude my r emarks and welcome honourable colleagues to make submissions. Thank you.
The SpeakerThe SpeakerThank you, Minister. Would any other Member wish to make a comment? Mr. Scott Pearman: Yes, Mr. Speaker, MP Pearman.
The SpeakerThe SpeakerYes, Member. You have the floor.
Mr. Sc ott PearmanThank you, very much, Mr. Speaker. Thank you to the Honourable and Learned Minister for her presentation. It seems to me that really this is about two issues that will be important to the people listening and to Bermudians as a whole. One is the fact that it is plugging …
Thank you, very much, Mr. Speaker. Thank you to the Honourable and Learned Minister for her presentation. It seems to me that really this is about two issues that will be important to the people listening and to Bermudians as a whole. One is the fact that it is plugging a hole in the previous Misuse of Drugs (Decriminalisation of Cannabis) Amendment Act 2017. So that Act does not make clear that there would be any expungement in circumstances where someone had less than or equal to the statutory threshold of seven grams. So it is correcting, in effect, what was defective legislation. So that is one issue, and that is a tidying -up exercise. And that is understandable. But I think the more important issue or the issue that will have greater importance to Bermudians more broadly is, what does this really do in practice? And the Honourable and Learned Minister touched on this during her presentation. And indeed, she spoke very carefully because she talked about how there would be a number of expung ements “in Bermuda,” and used that phraseology a number of times. And she was quite right to do so because what matters, I think, to a number of people is not just necessarily
Bermuda House of Assembly what happens in respect of Bermuda, but what happens in respect of a stop list, as the Minister rightly recognised. And it should be made clear and should be underscored that what this is doing is something that will have ramifications, and positive ramifications for those who come within the previous 2017 amendment Act, that their convictions can be expunged. But what this is not doing —and the Minister was very candid about this —is it is not going to get people off the stop list. Now, I noticed the Minister said she was confident that it would help in the future. And that confidence rang true in her brief. But the r eality is that it may help or it may not. And indeed, in respect of the cannabis legislation which is being t abled . . . excuse me, it has not been tabled yet, but it has been released by the Attorney General for di scussion more broadly in the Bermuda populace. That led to a statement coming from the Consul General of the United States saying that the changes in the Bermuda law were not likely to get people off the stop list. And as the Minister rightly pointed out, that is not something that is within her gift or within the gift of the Bermuda Government. It ultimately is a matter for the United States. But confidence or no, I think it is important to realise that this is not going to solve the stop list prob-lem. And I think that this is a problem that needs greater consideration, and it is a problem that will matter to many. So I think those are the two primary issues. There are a couple of points that at least I will be mak-ing in Committee; others may wish to follow. So, Mr. Speaker, thank you for allowing me to make those very brief remarks.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. Diallo V. S. Rabain: Mr. Speaker.
The SpeakerThe SpeakerYes, I hear two voices. Is it the Minister of Education? Hon. Diallo V. S. Rabain: I can defer to Ms. Scott, the Deputy Opposition Leader, if you wish.
Ms. Leah K. ScottYou can go ahead, Minister. I will wait. Hon. Diallo V. S. Rabain: Okay. I will go ahead.
The SpeakerThe SpeakerGo ahead. Hon. Diallo V. S. Rabain: Mr. Speaker, like the amendments that we did last week on the Parliamentary [Election] Act, this is another piece of legislation that I feel is long overdue. But see, Mr. Speaker, last week we passed legislation to allow persons on parole to exercise …
Go ahead.
Hon. Diallo V. S. Rabain: Mr. Speaker, like the amendments that we did last week on the Parliamentary [Election] Act, this is another piece of legislation that I feel is long overdue. But see, Mr. Speaker, last week we passed legislation to allow persons on parole to exercise their right to vote. I spoke to how this was a positive move. If we are to fully embrace people who have done their time, paid their debt for their choices, but still treat them as if they w ere lesser members of the community, that was not something that we needed to do. So it was a positive moment last week, just as this is a positive piece of legislation this week. It is positive, Mr. Speaker, because history will show us, with supporting data, that these laws that we are talking about now need to be changed because of the way they disproportionately affect Black Bermudian males more than their white counterparts. Mr. Speaker, not one person here today —and I notice that the speaker who spok e before me did not touch on this—can speak to this Bill and not recognise and acknowledge the detrimental effect these convictions for these nonviolent crimes of having seven grams or less of cannabis has had on thousands of Black men and the weight that it has placed on their shoulders. Mr. Speaker, how many of our Black men have been denied opportunity of travel and access to education or employment opportunities due to our unfair bias and racist justice system? How many have not been given a chance to recover from nonviolent crimes such as less than five grams of weed in their possession, a decision which has affected their entire lives, Mr. Speaker? Mr. Speaker, I am not a smoker and I do not encourage smoking. However, I am ashamed of my Island’s his tory of discrimination towards our Black males when it comes to these types of subjects. We only need to look at the last four censuses, Mr. Speaker, and I will quote some statistics from them. Because, Mr. Speaker, in 1991, eighty -nine per cent of all per sons in prison were Black, compared to 115 whites. In 2000, it was 92 per cent Black and 8 per cent white. In 2010, that ratio rose again, that ratio went to 91 Blacks —93 Blacks and seven whites. And now we are at, in 2016, the last census, 98 per cent of our prison population were Black people, with 2 per cent of them white. All going in the wrong direction with more of these incarcerated people being Black and less being white! Mr. Speaker, when you look at these types of statistics, you would think our Island was made up out of 80, 85, 90 per cent Black people when you look at this. Further, these are the same years that, when I looked at the census, Mr. Speaker, 94 per cent of the prison population —no less than 94 per cent of the prison population were Black males. This is time for concern. Mr. Speaker, you do not have to look any further than the police statistics themselves. It is abs olutely disgusting when we look at the police statistics between the years of 2014 and 2018. Mr. Speaker, I am sure ev ery single one of us will be shocked to know that in those four years, 8,038 Black people 4640 24 July 2020 Official Hansard Report
Bermuda House of Assembly were arrested compared to 814 white persons. Yes, Mr. Speaker, there are more Black people arrested every year between 2014 and 2018 than the total combined white people arrested for the entire four years combined. I really do hope that these numbers are a wake- up call for every one of us in Bermuda, because this speaks to a system that unfairly targets specific areas in Bermuda, while mostly ignoring other parts of the Island. Mr. Speaker, it is unfortunate that these same data do not support —these same data that we see with Black and white ratios for incarceration and arrests do not bear out when we talk about emplo yment or wages or opportunity. How regrettable is i t that we recognise that these things have not been done differently for years. However Mr. Speaker, whenever we want to talk about this topic from this angle, which the data do support, we have cries that the race card is being used. You have people cryi ng in chorus loudly to say, Why are you using the race card? And you know what, Mr. Speaker? It is always those who are benefi ting now and will continue to benefit from the status quo, a status quo that continues to kneel on the neck of our Black men while leaving them gasping for breath, Mr. Speaker. Mr. Speaker, they complained when the PLP made seven grams not an arrestable offence, essentially decriminalising marijuana for people who have seven grams or less. I am sure they are going to complain about this amendment to expunge the records of anyone arrested with seven grams or less. But, Mr. Speaker, let them complain. Let them cry. Let them do whatever it is they want to do, because this Government is about and has to be about knocking down those walls of racist policies that have affected our Black population for far too long, Mr. Speaker. As I talked about earlier, Mr. Speaker, these are factual and documented data, data that prove that our Black men have had targets on their backs and as a result ha ve had to overcome challenges that their white counterparts have not even had to think about. When we talk about White Privilege, this is the type of White Privilege that prevails itself in Bermuda even in 2020. So, Mr. Speaker, I make no apologies for what I am saying today. And I make no apologies for the moves that the PLP is doing to level the playing field and break down decades of discrimination and allow our Black men to get ahead in Bermuda, the place that they rightfully should be calling home. Mr. Speaker, as the speaker before me spoke about, this will not remove people from the USA stop list. This will not end institutionalised racism that we face even today in 2020 Bermuda. However, it is a step in the right direction and a step in the path of redemption for our people. And for that, Mr. Speaker, I offer zero apologies for anyone who is offended by what I said today, because it is never . . . it is never the wrong time to do the right thing. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minis ter. Does anyone else wish to speak?
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, we support this legislation. I support it, particularly as a mother of an incarcerated son. And, you know, I respect that the numbers do indicate that Blacks are disproportionately charged with offences that their white counterparts may not be charged with. And I do …
Thank you, Mr. Speaker. Mr. Speaker, we support this legislation. I support it, particularly as a mother of an incarcerated son. And, you know, I respect that the numbers do indicate that Blacks are disproportionately charged with offences that their white counterparts may not be charged with. And I do agree that this is a step in the right direction, Mr. Speaker. But I would like to say that it does not go far enough, because while sealing the record is i mportant, we actually live in an Internet age, Mr. Speaker. So the records may be sealed, but what happens to the person who has his record expunged, but his record remains on the Internet? So what are we doing for data protection to ensure that once the record is expunged, that his data are not disseminated throughout the Internet? And the cost of trying to get yourself off of Google or any other website can be very challenging, and it can be very expensive. So, while I agree with the direction that we are going with this piece of legislation, I do think that we also need to take into consideratio n what other forms of data pr otection are going to be available for those who do have their records expunged. And I think that the expungement is a bandaid on a greater societal problem which we need to address. You know, the fact that people are self - medicating or using marijuana to live in an alternate reality indicates that we have a greater social problem that we need to address. And I am sure that those who work in the third sector, like Martha Dismont [E xecutive Director of the Family Centre] and Sa ndy Bu tterfield at FOCUS, and Elaine Butterfield at the Wo men’s Resource Centre, would agree that we need to address the problems that are causing the members of our society to want to be living in an altered state. So while it is a huge step in the right direction, I do think we have a long way to go. (Sorry. I thought I had my video on.) And so the other thing that concerns me is the issue about stop lists. So, Mr. Speaker, if you will al-low me, I actually did go on the US website. And they do have some cannabis FAQs. And so the question was, “If I legally use cannabis” —if you will allow me, Mr. Speaker (sorry).
Bermuda House of Assembly [No audible response]
Ms. Leah K. Scott“If I legally use cannabis in Bermuda, does that make me ineligible for a visa? Does it matter if I use d doctor -prescribed cannabis?” And the answer is, “ If you use cannabis in Bermuda, you could be found ineligible under [section] 212(a)(1)(A) of the Immigration and Nationality Act …
“If I legally use cannabis in Bermuda, does that make me ineligible for a visa? Does it matter if I use d doctor -prescribed cannabis?” And the answer is, “ If you use cannabis in Bermuda, you could be found ineligible under [section] 212(a)(1)(A) of the Immigration and Nationality Act (INA) if a panel phys ician determines that you have a physical or mental disorder with associated harmful behavior related to your cannabis use . . . .” [Another] question is, “If I have a previous conviction due to cannabis possession, and my record is expunged, will I still require a visa to travel to the United States?” And t he reply is, “A visa applicant whose conviction has been expunged or pardoned may still require a waiver of criminal ineligibility in order to receive a visa.” The next question: “In applying for a visa, will I be questioned about cannabis use?” The answer is, “Cannabis is a controlled substance under U.S. feder-al law.” (That is important because the US still consi ders it to be a controlled substance.) “U.S. visa applic ation forms ask if you have ever been a drug user or addict. They also ask if you have e ver been arrested or convicted for any offense or crime. The consular officer may also ask you about drug use during your visa interview . . . If you do not tell the truth, you may be ineligible for a visa under section 212(a)(6)(C)(i) of the INA for having committed fraud against the go vernment or willfully making a material misrepresent ation.” So we are, I guess, taking one step to overcome the hurdle in Bermuda. But the greater step is allowing our young men to also be able to travel and to be able to embrace opportunities overseas such as education and jobs and other things that they are hi ndered by a conviction in Bermuda. So the expung ement will work in Bermuda. We have still to see whether or not the US is going to be a little bit more embracing of our Black young men who have records or have been expunged and will allow them in without a visa. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAre there any other speakers?
An Hon. Member An Hon. MemberMr. Speaker. Mr. Speaker.
The SpeakerThe SpeakerThe Chair recognises the Honourable Member Dennis Lister III.
Mr. Dennis Lister IIIAll right. Thank you, Mr. Speaker. Good evening, all. Good evening to the listening public, to my colleagues.
Mr. Dennis Lister IIIMr. Speaker, my comments tonight on this are brief, but they are in support of this. [For] far too long, Bermudians have been—this has been used as a tool to punish Bermudians, especially young Black Bermudians, Mr. Speaker. [Hon. Derrick V. Burgess, Sr., Deputy Speaker , in the Chair ]
Mr. Dennis Lister IIIThis is long overdue, the expunging of records. This is a step- by-step process by this Government. Back in 2017 we first went as far as to decriminalise marijuana possession of up to seven grams, Mr. Deputy Speaker. Now we have seen, three years later, another step, which is now …
This is long overdue, the expunging of records. This is a step- by-step process by this Government. Back in 2017 we first went as far as to decriminalise marijuana possession of up to seven grams, Mr. Deputy Speaker. Now we have seen, three years later, another step, which is now going to expunge the record of those who previous to that decriminalisation, they would have a criminal record of possession, Mr. Deputy Speaker. And even the next step, which has already been [ INAUDIBLE] in this House is the cannabis r eform. So it is a step- by-step process that we as the Government has been doing to eradicate our [INA UDIBL E] wrongs that this has done in Bermuda, Mr. Deputy Speaker. Much has been said by those before me on how this has been us ed mainly as a tool to attack young Black men. Seeing that our prison rates are disproportionate in regard to young Black men versus others in regard to marijuana possession, Mr. Deputy Speaker, we have also seen how this has been a tool to hold back young men from progressing in life. Whether you were a young man, 18– 19 years old, you have come home for school and you got caught. And now you cannot leave the Island to continue school. Or your job, you cannot go away for training on your job, Mr. Deputy Speaker. [INAUDIBLE ] to hold back our [INAUDIBLE ] now that we are going to correct this wrong, this act ually opens a new direction for those who would have been productive members of society, but because of this stain on their record they have been held back . [There are] those who would have been able to go into a higher position in their job with better training, but because [of their record] they were not able to go overseas to get that training, Mr. Deputy Speaker. This goes to correct that wrong. So when you can say that there are enough young Bermudians who want to work, we have these whose records will be expunged, and [INAUDIBLE ], adding more workers to our economy, Mr. Speaker. It might be in small amounts, but these are new young Bermudians willing t o work and correct the wrong that has been [INAUDIB LE]. As I read the expungement provisions, Mr. Deputy Speaker, clause 8 stood out to me. And what that said, among other things, Mr. Deputy Speaker, is that along with passing this Act, the result of this , we have to educate those who are affected by this. I have heard comments before of how a person had their record expunged in Bermuda, but they are not taken 4642 24 July 2020 Official Hansard Report
Bermuda House of Assembly off the US stop list. That is good, and we have to ed ucate them so that [INAUDIBL E] just go away and freely go to America. But also if those who, when they [INAUDIBL E] that if they are asked about this [INA UDIBL E].
Mr. W. Lawrence ScottMP C ommissiong, please mute your microphone. [Inaudible interjections ]
Mr. Dennis Lister IIIMr. Commissiong, can you mute your microphone, please? All right. Thank you. So, yes, Mr. Speaker. For those who had a conviction and they are either applying for a new job or just in conversation, however, they get asked, they do not have to reply and say, Yes, I was. …
Mr. Commissiong, can you mute your microphone, please? All right. Thank you. So, yes, Mr. Speaker. For those who had a conviction and they are either applying for a new job or just in conversation, however, they get asked, they do not have to reply and say, Yes, I was. They are expunged. It gives them a fresh slate, Mr. Deputy Speaker, a fresh slate, a chance of redemption, a chance to correct what was wrong, done wrong to them and for those who can be better and more pr oductive members of society. So, Mr. Deputy Speaker, those are my few comments on this. I wholeheartedly support it and think that it is long overdue. And I thank the Minister and her team for bringing this Bill to the House. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThe Deputy Speaker recogni ses the Honourable Member Cole Hadley Simons. Mr. Simons, you have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Deputy Speaker. Mr. Deputy Speaker, let me start by saying I suppor t this initiative and what the Government is tr ying to do here. But I want to comment on a few things that my colleagues have said before I get to my main comment. Is …
Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, let me start by saying I suppor t this initiative and what the Government is tr ying to do here. But I want to comment on a few things that my colleagues have said before I get to my main comment. Is the criminal justice system equitable? The answer is no. We all know that. Do we have rac ial profiling in the country? From a justice system point of view and a policing point of view, again I would say yes. Mr. Deputy Speaker, we have to address the i n-equities that are inherent. And the legislation done today with the jurors takes us one step closer, so I support that endeavour, as I said previously. But my [Deputy] Opposition Leader made a point. And the bigger issue is the social issue. The social issue is a lot of our young people are not happy with their lot in life. And they are going through phys ical pain and psychological pain, and they do not feel that they are part of society. And as a consequence, they self -medicate and are on drugs. We have to pr ovide a lifeline to those people, to our brothers and si sters who are in pain for whatev er reason and who take the route of self -medication through drugs. Now, as was said, you know, prior to 2017 you were incarcerated for possession of small amounts of drugs. And with the advent of the decrim inalisation with seven grams, this has changed. A nd yes, I think those people who were caught with less than seven grams should have their records expunged. As was said, again by the Deputy Opposition Leader, all the information that we have in our record can be found on the Internet. And so I would suggest that the Minister in charge present to this House a strategy which will help us address social media and the public places where the information can be ca ptured. Because it is fine getting rid of the records in our court system, in our legislative syst em; but it is still out there where more people will see it. And that will negate the benefit of this legislation. And so, I think the Minister should provide some energy and some resources to dealing with clearing up the records that are found in our pub lic domain, and not just in our criminal justice system or in the courts, because without that clarity, without cleaning up that space, it undermines the value of this legislation. Now, the thing that I would like to address personally, as far as my personal contribution, is I take the view that applications and reviews for ex-punging should be presented to a parole board or a panel. Now, if you look at Canada, Canada has similar legislation, C -93 and C -66. And they have the Parole Board of Canada. They bas ically accept applications, review applications, adjudicate applications and pr ovide some type of support to the applicants, going forward, so that they can improve their lot in life. They even provide drug abuse support, drug education just to help the ap plicants have a better chance of succeeding and to try to get them off drugs. I think this is important because it is fine for us and the legislation to say that [applications] are made to the Minister. But I would say [applications] should be made to an agency that will help the applicants. And I am saying the agency could look at it from a judicial point of view, and the panel or the board can consist of someone from the judiciary, legal community, drug addiction services, medical doctors and la ypersons. And so, my only challenge with the legisl ation is that the application has to go to the Minister.
Bermuda House of Assembly And by having it addressed to a panel or a parole board, it would take the politics out of the process, Mr. Deputy Speaker. And I think we will have ––the quality of the decisions made will be far better because the panel will be more educated in this space, and they will also provide a more rounded decision that will help the community, that will help the penal system and it will also take us closer to providi ng a more equitable criminal justice system when it comes to matters of this nature, Mr. Deputy Speaker. So in conclusion, Mr. Deputy Speaker, as I said, I do not want to be long. I would suggest to take the politics out of the legislation, let the applic ations be sent to a parole board as is done in Canada, or we can have an expungement panel that would have a mandate to accept applications for expungement, adjudicate the applications and provide support, training, education and, if needed, medical treatm ent for those young people who need support when it comes to drug addiction and trying to basically improve the quality of their lives. So on that note, Mr. Speaker, I would hope that the Minister [will] take this as a positive contrib ution and not a crit icism. I just think by having this pa nel, it will add more value to the legislation. And as I said earlier, they need to also provide more resources that will manage the records publicly in the social m edia and in the Internet, because I mean, I know personally from [being] a banker, if I want information on court rulings, court decisions, I just type it in the Internet and I have just as much information as is in our court records. And that will not help the applications of people who want to have their record expunged. If I can do it, the US Government can do it, the UK Go vernment can do it, the Spanish Government can do it. And they can use that information to prohibit the individuals from entering their countries. And that will r esult in our being no fur ther ahead, Mr. Deputy Speaker. So on those notes, Mr. Deputy Speaker, I thank you for the time, and I hope my Minister will take my contributions as positively as they are given. Thank you.
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair] The Speake r: Thank you, Honourable Member. Does any other Honourable Member wish to speak?
Mr. Rolfe CommissiongMr. Speaker, it is Rolfe Commissiong. I would like to weigh in on this debate.
The SpeakerThe SpeakerYes, Member. You have the floor.
Mr. Rolfe CommissiongMr. Speaker, we had, I guess you could say, a drop- the-mic moment from Mr. Diallo Rabain on this issue. I thought he did a very good job in encapsulating what has been a five-decade- long war on drugs, which ironically was larg ely implemented or even forced down the …
Mr. Speaker, we had, I guess you could say, a drop- the-mic moment from Mr. Diallo Rabain on this issue. I thought he did a very good job in encapsulating what has been a five-decade- long war on drugs, which ironically was larg ely implemented or even forced down the throats of most countries beginning in the 1960s, 1970s and 1980s, typically those in the West. But for us, one could easily label that war a war on Black people, par-ticularly Black men, both in the US and in Bermuda, and beyond. Because those who were most impacted by it were persons of colour. I do not think anyone can deny that. And we see the wreckage of those policies all around us. To me this is a step in the right direction. We need to transition from treating it, at least in the case of marijuana, as a criminal justice issue and treat it more . . . and hopefully with some of the other substances that are well known and being used, but with cannabis right now and in particular, as a public health issue and not as a criminal justice issue, as I said. I heard the Member from up in Southampton, the Deputy [Opposition] Leader, speak about the s ocial impacts of persons self -medicating, the trauma. That is a word that is really being used by many in the field, I guess. She mentioned the names But terfield and Martha Dismont. My only criticism of them is that when you have these agencies, these helping age ncies whereby 90- odd per cent, to echo the comments of my colleague, Minister Rabain, are Black men, then how is it when they get in the public domain ever ything is colour -blind here? Is this because they perhaps do not want to offend or make uncomfortable their wealthy, likely white, donors? Let us get real here! This is a problem. We need to have an honest conversation about this. In my view, th e levels of self -medicating that go on, particularly in my community, are directly at-tributable to the issues raised by Minister Rabain., and the impact of White supremacy and its chief by - products, racism and White privilege (unearned, I might add) and it s impact on Black Bermudians over generations, particularly Black Bermudian men. Mr. Speaker, I was going to address this maybe in the motion to adjourn. I was telling people of late that I remember a news report that was put t ogether by perhaps the most brilliant television journa list that Bermuda has ever had, arguably. That was Ceola Wilson. The time was circa perhaps 1978 or 1979, with the publication of the Pitt Commission R eport. And I remember being in the car, I was listening to the radio, of this bright, young, brilliant woman who had probably just come back from overseas, her studies, and she was in fine form. If you would have heard Ceola Wilson back in those late 1970s, early 1980s period, you knew that you were dealing with someone who could ho ld her own in most major media centres globally when it came to news and journalism. So in the aftermath of the riots in 1977 we had the Pitt Commission Report. So anyway, the purpose of her report was to speak to some of the findings that came out of that report, out of the commission. In that report, according to Ceola Wilson at the time, the 4644 24 July 2020 Official Hansard Report
Bermuda House of Assembly commissioners had seen an egregious anomaly in Bermuda where you had a City of Hamilton basically composed of white males and Black women. And they asked the questi on, Well, where were the Black males? I am sure Bermuda was producing educated Black males to take some of these positions in Bermuda’s private sector. And lo and behold, then you had, according to her, you had human resources persons, most of whom at that time would have been white males, I guess to use the term you often hear now, they were perhaps so traumatised by what had taken place with the murders, the hangings, the trials, the drama, they were prepared to be a little more honest and more forthcomi ng than they perhaps would have ordinarily. And when posed with the question, Well, where are the Black men in these private sector companies?, basically they conceded that if they had a choice b etween hiring a Black woman or a Black male, the former was preferred. Black males were viewed as being too hostile, too aggressive, too competitive. Go right down; you know the stereotypes. And so, if you want to look towards why the self-medicating part has become such a feature amongst a certain subset of Black men in this country, you have got to look at the history here. And as long as we ignore that, then we are not being honest in our stated intention of getting to the root of this problem. It is all tied together. Like I said, the Minister, it was a drop- the-mic moment. And after that, no one else needs to speak except the Minister to wrap things up. But I am sure there are going to be other Members. But I do not have anything else to say to that. I just think that the first piece of legislation in terms of t he rigged jury selection, which was so easily converted into a tool of racial bias, this piece of legislation —they all go together. And there is so much more that needs to be done if we are going to deconstruct White s upremacy in this country and the White privilege, which is such an egregious by -product of that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. L. Craig Cannonier: Certainly. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Go right ahead, Honourable Member. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I would like to—most everything that has been said has been absolutely encouraging. The one concern that I do have is the stop list and how we deal with it. It is almost as if every …
Yes. Go right ahead, Honourable Member.
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I would like to—most everything that has been said has been absolutely encouraging. The one concern that I do have is the stop list and how we deal with it. It is almost as if every time we ask questions about, How does someone exactly get on this list? And where is this list domiciled? And who is putting people on the list?, it is almost as if the answer is, Well, it’s Casper the Ghost who is doing it. And I b elieve it is high time, with now the revelation of this particular Bill, that we send a contingency to the US on this whole issue of travel. Every time we use the av enues of the US Consul General, it seems to come to a stalemate, or it is stalled. Or we get answers, but they are not probing in any way, shape or form to getting to the bottom of how we can remove people from this list. And so with the advent of this Bill, I believe that the administration really should look at having a couple of people go to the United States and sit down with them, and try and hash out some of the major, major issues that we have seen because of this. And see if we can come up with a solution. I think it is high time. I believe that the will is there. And the part that I really wanted to add to this is I think that this is the next move for us. Out of r espect for the US Consulate, whoever they send, and as they send people here, we respect the position. But we are not getting any further than that. And I believe that it now needs physi cal presence to the United States to sit down and to have a real conversation about really what is going on. Especially with the close ties that we do have with the United States, I believe we can come up with some better answers, or at least we can give i t a try. And so I hope that this is taken under advisement. We do support this Bill. Happy to see it. It is here now. The other side of the coin that I wanted to speak to very briefly is many of our young men espe-cially, who find themselves in positions of trying to find a job because of this record they have for less than seven grams, I have been, especially being in the fuel industry, hiring many who have been incarcerated, because they could not find jobs elsewhere. And the truth behind it is I found t hem, most of these young men and some even older men, to be quite personable, who unfortunately got caught up. And it is what it is, as they say. But an opportunity was given to them. And I can with a clear conscience say that most of them, who had varied backgrounds because of this record getting a job, were very successful in meting out the requirements that were needed to carry out the job. And so I have never been one to, because of the past, hold it against someone, but certainly have always looked for the silver lining in folks. And this Bill now makes an acknowledgement that we have had some good people, quite frankly, who have a record. We are now expunging that record. But the other side now is they still live with the challenge of not being able t o travel to the United States unless they go through the rigorous channels of applying ahead of time and the like. And we know the angst that it can cause. I have seen on numerous occasions where I
Bermuda House of Assembly have had to help and intervene to help get folks to travel , for any number of reasons. So I am glad to see it. And I hope that this Government will take under advisement of possibly sending a team to the United States to sit down and have a real conversation, other than just having the conversation here and information is being . . . I do not even know how the US Consulate come to their conclusions. But I think we now need a face- to-face conversation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. Michael J. Scott: Mr. Speaker, if I might.
The SpeakerThe SpeakerYes, Honourable Member. You have the floor. Hon. Michael J. Scott: So, thanks, Mr. Speaker. Mr. Speaker, I think that all of us in the House and indeed in the public of Bermuda as a whole should all be justly proud of the trilogy of criminal justice legislation that we …
Yes, Honourable Member. You have the floor. Hon. Michael J. Scott: So, thanks, Mr. Speaker. Mr. Speaker, I think that all of us in the House and indeed in the public of Bermuda as a whole should all be justly proud of the trilogy of criminal justice legislation that we have just been dealing with this afternoon in the House and in speaking to the E xpungement of Convictions Act 2020. I welcome, as I know that all Members plainly have indi cated and have welcomed this move. I am particularly grateful for the fact that the robust justice wraparound of retr oactivity assigned to this Bill is present in it, assigning amnesty back to citizens of this country who have been impacted with convictions, Mr. Speaker, back to December of 2017. This indicates the determination and strength of the PLP policy emanating from the Ministry of Justice and Legal Affairs as we deal with this reform package to be fair to our citizens. So, Mr. Speaker, in one sense the Expungement [of Convictions] Act 2020 is entirely fit for purpose. Like other Members, I want to commend Mini ster Diallo Rabain for his presentation. And very clearly, Mr. Speaker, that short stint engaged by the Mini ster of Education and National S ecurity has obviously enlivened and informed a vigorous knowledge of the features and factors of national security issues that he announced in his presentation. Those statistics are telling, and I am very grateful to the Minister of Educ ation for reminding the country and this House of them and the impact of them on our citizens. I want to both welcome and acknowledge the concerns expressed by the Leader of the Opposition and a couple of other Members of his team dealing with the whole question of the stop list. So, Mr. Speaker, the proposal that Mr. Cannonier makes is a wise and sensible one. And I would like to add to that the fact that US immigration policy is a creature of every US administration. And I think we have all noticed that the Trump administr ation’s immigration pol i-cy stance has hardened, in contrast or comparison with other administrations. Many of us certainly can recall when Consul General Grace Shelton was here, who [took] a softer, more amenable approach to this whole question of Bermudi ans accessing entry into the United States with drug convictions, cannabis convictions. I reme mber her advice to us when she was holding the role, which was to decriminalise the offences of cannabis. And so that was an indication, and it is the clearest of indications, that administrations have different policy views. After November the 3 rd of this year, we may well find that the environment and the administration change and that the opportunity may well present i tself for any advocacy from a delegation fr om Bermuda to speak to a new Biden administration, should that become a reality. We may find that our efforts are met with a change of US policy on this very question. So we should not see that we are victims of a current hi storic context, Mr. Speaker, bec ause this [can] change just like administrations [can] change in countries of the world. Mr. Speaker, I want to address the question of the concern raised by Members of the Opposition, of the OBA, about just the use of information deleteriously and just b y searching the Internet. I started by sa ying that the legislation, the Expungement of Convi ctions Act 2020, is fit for purpose because what it seeks to do, as the Honourable Member and my colleague and friend, Dennis Lister III, indicated, the pol icy of t he legislation is to expunge records. It requires prospective [employers] to be prohibited from referring to a judicial record which has been expunged. And that is the strength of the law today that we are debating. And any prospective employer or institution of learning that seeks to use information culled from the Internet after this legislation is passed will be breaking the law. They are simply prohibited by the strength and robust nature of this Expungement of Convictions Act 2020 of relying on it. No w, if they seek to rely on it just because they had access to that information, they will be committing an offence. And so, the penalty provisions of today’s Act ought to properly deter employers from relying on raw information off of the I nternet. And so I am less concerned about that consi deration than Members who have indicated that infor-mation in the ether of the Internet is going to produce a problem. Any citizen going back to 2017 who duly has his or her record expunged may rely on it because the Act has been proactive in that fashion. Mr. Speaker, I want to also adopt the position of my honourable colleague, Mr. Commissiong, that we continue to take the approach of use of this parti cular Class A drug in our citizenry . . . by our citizenry as a publi c health issue, not a criminal issue. And frankly, I think the Act and the policy of this Act go a long way to doing that because we decriminalised it. 4646 24 July 2020 Official Hansard Report
Bermuda House of Assembly We have expunged records. So we are removing the deleterious criminality of Bermuda’s history in this area. And it certainly provides and produces a bac kground for us to more openly look at this situation of drug use, of cannabis use in our country more holist ically and as a social, public health platform that r equires the delivery of public health deliverab les or public health remedies. Because it is more effective, it is more—it is a soft approach, it is a compassionate approach. It is an approach using help tools that is likely to get more deeply at the cause of usage and address the mitigating of problem s where there are problems of usage. And we are talking about recreational use. But to a ddress the problems of abuse is really where I am going, and do it more effectively and sensitively than just the rehabilitations in crime. Mr. Speaker, so those are m y observations, to commend the Act for its robust retroactivity and the offering of amnesty as far back as 2017. I believe that the Progressive Labour Party administration will be thanked for this kind of commitment to justice and fairness that has taken p lace, not just going forward from 2020, but stretching back amnesty -wise to 2017. So with those observations, Mr. Speaker, I commend this Bill, support and look forward to the trilogy of cri minal justice provisions that we have been dealing with this afternoon really contributing to a better societ y for our citizens. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerYour voice dominated. How is that?
Lt. Col. Hon. David A. BurchOkay. Mr. Speaker, I must say that I support this amendment. I think it is long overdue. But I also think we have to be honest with our people. And by that I mean the US has already stated their position, [which is] that people are not going to come …
Okay. Mr. Speaker, I must say that I support this amendment. I think it is long overdue. But I also think we have to be honest with our people. And by that I mean the US has already stated their position, [which is] that people are not going to come off their stop list. And so therefore, this is not going to be a magic and silver bullet to get people able to travel to the US. And so I think we need to be brutally honest with them that this is something that is going to affect them positively locally, but it is probably going to take a little longer to be able to get the US to be convinced that they should do this. Are they hypocritical? They certainly are, Mr. Speaker. There are only seven states in the United States that have marijuana as fully illegal. That means 43 others are in various states of either legality or a llowing medical marijuana or allowing decriminalisation of marijuana. And so I think that even though the world is changing and we are in line with that, this is not going to solve the problem for our people overnight by our changing the law. And I think it is i mportant that we share that information with them up front in indicating what it is that we are likely to do this evening in terms of passing this legislation. I think we also have a responsibility, Mr. Speaker, to educate them and get them to understand on the front end that they could avoid all of this by not participating and not smoking marijuana, and not necessaril y, in a lot of cases, following their mates or following their peers in terms of doing this just to be cool or for whatever reason. When they are [ INAUDIBLE ] not seen enough of the world to be able to make wise enough decisions that they recognise are going to affect them for the rest of their lives. So while supporting this, I support it as I did the decriminalisation of marijuana, with the same sort of caveat that we have a responsibility to educate our people about the consequences and repercussions that are likely should they choose to go down this road, even though we are taking steps to amend the law in Bermuda. Mr. Speaker, I also think that . . . I am going to go out on a little limb, though not too far, in making my case in doing this and the dec riminalisation of marij uana, making sure that the adults actually act respo nsibility in this regard. We, of course, can make our own decisions and should accept the consequences for those decisions. But young people, underage young people, children should not have to be subjec ted to that without some sense of responsibility that they should be protected by us. So with those comments, Mr. Speaker, I thank you for the opportunity to make a contribution to this Bill.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Any other Member?
The SpeakerThe SpeakerI hear a yes coming in, but it is very faint. Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: Yes. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerNo. It is the fellow from down the East End again. Look, you know, you need to go around to the west side of your house like you are being in De vonshire. Maybe your signal will come in a little stronger.
The SpeakerThe SpeakerMaybe it is those colours you have got waving in front of you. That is probably what is mes sing up your signal, you know. Those colours are a little perturbed by this . . . your signal is a little perturbed by those colours. [Laughter]
Mr. Hubert (Kim) E. SwanWell, Mr. Speaker, I will start off by, if you would just allow me one moment . . .
Mr. Hubert (Kim) E. SwanI am very encouraged by the introduction of this expungement Bill today, Mr. Speak er. And it certainly speaks to the ethos of a government that recognises serious problems, social issues within our community and sets about to address them. And it was a measure- twice -and-cut-once situation. And I …
I am very encouraged by the introduction of this expungement Bill today, Mr. Speak er. And it certainly speaks to the ethos of a government that recognises serious problems, social issues within our community and sets about to address them. And it was a measure- twice -and-cut-once situation. And I want to commend the Minister for E ducatio n in particular for quite an outstanding speech that he gave earlier. Mr. Speaker, I have heard a number of people speak [about] the United States. And I am more con-cerned with what we do right now, what we are doing, which is good for the community and good for the country. And I am encouraged by the fact that throughout North America, what we are doing is also being done. And we only have to look in the United States to see how at odds with itself it is on policies. You have states that want to do one thing. You might have the administration that might want to do another thing. You certainly have some conflicts when it comes to leadership. As it relates to cannabis and decriminalisation of it, I was turned on to look at the 1960s when this really proliferated and had a very adverse effect on the Black community in the United States and, by extension, Bermuda because we travelled in and out of the United States; it is our number -one trading par tner, Mr. Speaker. And I just want to briefly share some commen ts from John D. Ehrlichman in his interview, a former aide to President Richard Nixon, the late Richard Nixon. And he suggested that the war on drugs was racially and politically motivated. If I can, Mr. Speaker, I would just like to share one paragraph: “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m sa ying. We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did. ”—John Ehrlichman, former Aide to President Nixon in an interview with Dan Baum. Mr. Speaker, I would say that as other Members, the Honourable Member Commissiong and cer-tainly the Education Minister, who listed empirical ev idence as it relates specifically to Bermuda, it is i mportant to appreciate that what we are talking about here is something that is part of the institutional racism deeply embedded in societies. And we cannot control what the United States does by and large. And certainly in a country which has such an overwhel ming percentage of its people who are Black, we fall in the same category as our Black brothers and sisters, relatives and friends in the United States, as well as it relates to policies that adversely impact Black lives in America. And so, by extension, we can only do at this point in time what is in our best interests. And as our neighbours in Canada and other states in the United States are also looking at expung ement, communities like Jamaica have looked at expungement and ad-dressed it, and other communities around the world do it, we must continue to do things that will dismantle the structure that has been systemically put in place to disadvantage our people particularly. So thank you for allowing me to share that,
Mr. Speaker.
The SpeakerThank you, Honourable Member. 4648 24 July 2020 Official Hansard Report Bermuda House of Assembly Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerI think the rules say it s hould have a little red in it.
Mr. Christopher FamousOkay. Mr. Speaker, it is not much I can add to this robust debate, and I will not even attempt to try. What I will say . . . Mr. Speaker, can you hear me? Hello?
Mr. Christopher FamousOkay. What I will say, Mr. Speaker, is I am going to give a little chronology of how this Bill came to fruition today. Mr. Speaker, whether we admit it or not, sometimes politicians are rightly blamed for things taking too long to come to fruition. For quite a long …
Okay. What I will say, Mr. Speaker, is I am going to give a little chronology of how this Bill came to fruition today. Mr. Speaker, whether we admit it or not, sometimes politicians are rightly blamed for things taking too long to come to fruition. For quite a long time we as Black people, we knew that the war on weed was wrong. We did not need Nixon’s henchman to tell us that Blacks were being victimised. We did not need the statistics cited by Minister Rabain. We did not need the empirical evidence cited by MP Rolfe Commissiong. The war on weed was wrong. And in this present Government there has been one advocate, one main advocate to fight for legalisation or whatever you want to say, regularis ation—two main advocat es, but I am going to speak of one tonight. Two years ago, a certain MP came to caucus and said that they wanted to bring a Bill, a Pr ivate Members’ Bill for expungement of criminal records. And he was told to formulate his idea into a proper proposal and bring it to our annual caucus r etreat. He did so. He brought it to the retreat. And there was deliberation within. But everyone knew what he was saying was right. It took a little while, because we know how the wheels of civil service operate or do not op erate. And earlier this year the Cabinet said that they are going to bring a Bill for expungement of records of people [convicted of possession of] small amounts of canna-bis. There was some debate as to whether or not the Governor would sign off on it. But here we are today in legislation. So I say to that particular MP, who is from the Robin Hood Corner, this has been a good week for you . You married the love of your life, and you have seen one of your key pieces of legislation come to fruition. So before I name that person—oops, I already let it out. Oops, sorry. We as politicians, we have to take onus on things. We could have brought regular isation of marijuana sooner. We could have brought expungement sooner. We could have brought Mary Prince [Day] sooner. We could have brought this jury selection thing sooner. We could have brought the things about the sexual luring sooner. So the lesson I want all of us to take from this is, if we know it is wrong and we know it needs to be changed, let us not—how can I say it? —wait until public opinion is blowing the right way. We just have to do it. So I say in wrapping up, thank you to Dennis Lister III for his advocacy for the expungement of records for those who have had small convictions. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to contribute to this debate today? I take the silence to mean that you are ready for the Minister to wrap up . Minister. [Pause]
The SpeakerThe SpeakerMinister Wilson. Hon. Kim N. Wilson: Sorry, Mr. Speaker.
The SpeakerThe SpeakerNo problem. Bermuda House of Assembly Hon. Kim N. Wilson: Mr. Speaker, I thank colleagues for their contributions. This is obviously a very i mportant piece of legislation. I think the takeaway that I would like to emphasise relates specifically to the need to ensure that members of the public …
No problem.
Bermuda House of Assembly Hon. Kim N. Wilson: Mr. Speaker, I thank colleagues for their contributions. This is obviously a very i mportant piece of legislation. I think the takeaway that I would like to emphasise relates specifically to the need to ensure that members of the public recognise that the expungement order does not necessitate that they will be removed from the US stop list. And I think it is an impor tant feature that needs to be impressed upon members of the public. I also note just one particular item that was raised during the discussion, which was with respect to the suggestion that the parole board could be the ones to make the decision with resp ect to the expungement order, so as not to politicise–– or to take the politics, as MP Cole Simons referred to, out of the decision process. However, for all persons who have received a conviction for possession under seven grams, it will be an automatic ex pungement upon application. So there is not any actual discretion or any room for any type of political interference, so to speak, because it is an automatic expungement order once a person can make application to confirm that they have a conviction which relates to less than seven grams of cannabis. The only discretion that I referred to in the brief is with respect to the Attorney General, the Mini ster of Legal Affairs, can ask for more information. They are asked to provide their address, their date of birth and the . . . I am sorry, the address, the time of conviction. But ministerial discretion exists only insofar as to request additional information beyond what the applicant submits if the Minister considers that information as necessary. So that is t he only relation to discretion. But anybody who makes an application for an expungement order who has a conviction of possession of less than seven grams is automatically granted [such]. Mr. Speaker, with that, I again thank honour able colleagues for thei r contribution, and I would like to move that this Bill be now committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. House in Committee at 8:15 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL EXPUNGEMENT OF CONVICTIONS ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Expungement of Convi ctions Act 2020 . Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Just one moment, please, sir. [Pause] Hon. Kim N. Wilson: …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Expungement of Convi ctions Act 2020 . Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Just one moment, please, sir. [Pause]
Hon. Kim N. Wilson: Mr. Chairman, I would like to move clauses 1 to [11] please.
The C hairman: Continue.
Hon. Kim N. Wilson: Thank you. Clause 1 is the standard citation and confers title on this Bill as the Expungement of Convictions Act 2020. Clause 2 provides the definition of terms used in the Act. Clause 3 provides that nothing in the Act will have effect on the power of Her Majesty or the Governor as Her Majesty’s representative to grant a pardon for a conviction. Clause 4 provides that an expungement order does not affect the validity of a conviction for a rel evant offence or of any sentence imposed following such conviction or give rise to any right, entitlement or liability. Clause 5 provides that a person who was convicted of a relevant offence is eligible to apply for an expungement order. Clause 6 provides that a person who was convicted of a relevant offence may apply to the Mi nister for an expungement order. It also provides that an appropriate person is able to apply on behalf of a person convicted of a relevant offence, in the event of that person’s death or physical or mental disability. Clause 7 provides that the Minister will determine an application for an expungement order and may make or refuse to make an expungement order. It also provides that (a) on making the order, the Mi nister will send a copy of the expungement order to the applicant; and (b) on refusing to make the order, the Minister will notify the applicant, in writing, of the r efusal and his right to appeal. And the procedure is provided for, Mr. Chairman, in clause 7(4). Clause 8 provides the effe cts of an expungement order including (a) how the recipient of an expungement order will be considered from the date of the order; and (b) how evidence is not able to be used in any proceedings of a conviction that is the subject of the expungement order. Clause 9 creates an offence for unauthorized disclosure of an expunged conviction. Clause 10 gives the Minister regulationmaking power. And clause 11, Mr. Chairman, provides for the commencement by notice in the Gazette.
4650 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Chairman: [Are there] an y further speakers on the Bill, on clauses 1 through 11?
[Pause]
The ChairmanChairmanThere appear to be none. Minister. Hon. Kim N. Wilson: Okay, Mr. Chairman, I would like to move that clauses 1 through 11 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 11 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 11 passed.] Hon. Kim N. Wilson: I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: 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 printe d. Are there any objections to that?
The ChairmanChairmanIs that somebody in the background?
Mr. Scott PearmanMr. Chairman, I am so sorry. It is MP Pearman. I was trying to speak, but my machine was not working. Can you hear me now?
The ChairmanChairmanI hear you, yes. You have some ques tions? Because we have approved the clauses.
Mr. Scott PearmanRight. I am afraid I do. I can trot through them very quickly and leave them for the Mi nister to deal with at such further time if you wish.
The ChairmanChairmanOnce the clauses have gone and been approved, there are really no questions asked. And I am not trying to stifle, because I think we want to hear you. Unless you want to do this offline with the Minister, if that is a greed.
Mr. Scott PearmanIf the Minister would prefer me to do so offline with the Minister, I am very happy to adopt that course. The Chairman: Minister. Minister. [Pause]
Mr. Scott Pea rmanThe miracle of modern technol ogy, Mr. Chairman. Hon. Kim N. Wilson: Hello? Mr. Chairman?
The ChairmanChairmanYes. Hon. Kim N. Wilson: Oh, okay. Can you hear me?
The ChairmanChairmanYes, I hear you. Hon. Kim N. Wilson: Yes. I am saying, Mr. Chairman, I will take your lead. I did speak to the Honourable and Learned Member a few moments ago about a partic ular clause. So I was expecting him to raise that and a few other points …
Yes, I hear you.
Hon. Kim N. Wilson: Yes. I am saying, Mr. Chairman, I will take your lead. I did speak to the Honourable and Learned Member a few moments ago about a partic ular clause. So I was expecting him to raise that and a few other points that he said he had questions to. But if he wishes . . . if you wish with your leave, he can just send them to me and I can ensure [him] that I will raise them this evening, actually, with the Attorney General’s Chambers, who are online listening. But I will take your lead, Mr. Chairman.
The ChairmanChairmanIs that satisfactory to you, Mr. Pearman?
Mr. Scott PearmanI will be guided by you, Mr. Chairman. I can make them very quickly as bullet points and leave them in the hands of the Minister. I will be guided by your direction, Mr. Chairman.
The ChairmanChairmanOkay. For the edification of all list ening, just put your points in, and I will just ask the Mini ster to get back to you on that if that is okay.
Mr. Scott PearmanGreat. Thank you. So I just list them quickly now as bullet points, yes, Mr. Chairman?
Mr. Scott PearmanThank you, Mr. Chairman. The points are these: At clause 4 it is not e ntirely clear what is going on with an expungement order, where it “does not —(a) affect the validity of the conviction for a relevant offence . . . .” So I will wait for clarification …
Thank you, Mr. Chairman. The points are these: At clause 4 it is not e ntirely clear what is going on with an expungement order, where it “does not —(a) affect the validity of the conviction for a relevant offence . . . .” So I will wait for clarification f rom the Minister on that. A second point is at clause 7. And that is that there is a provision where the Minister, at clause 7(4), has to refuse the application and has within seven days of the refusal. And then the person who has had their application refused at clause 7(5) has 21 days to try to appeal. So there will be an argument that will
Bermuda House of Assembly then develop, respectfully, about when that person was notified. Because the letter will go out with a date on it, and they will have to show, the seven days being to o tight. So I would just respectfully suggest the Minister consider expanding that time. Over the page, please, and this was the big point. And I will just raise it, and then I can take it offline with the Minister. But the big point that was raised by many in the debate is what happens when an employer, a potential employer of someone who has successfully applied and had their conviction ex-punged, what happens when that employer sees something over the Internet? And should someone be asked a question on a job application, do they say yes or do they say no? At the moment, under this Bill, they are entitled to say no on the application. But then if the employer sees it online by some posting or article, what happens then? And I raise this because I know that MP M ichael Scott during the debate suggested that there was an offence for an employer, and it would be i mpermissible for the employer to look at the Internet and take that up. Anyway, I could find no such offence in the Bill that arose from the matter r aised by MP Scott. Two more final points; grateful for your leave, Mr. Chairman. And I have raised this point already with the Minister. But under the Regulations section, clause 10(2), this Bill purports to allow regulations to be made which would “(a) m ay modify any enactment, including this Act . . . .” And so I am suggesting to the Minister that it might be irregular for an Act to allow for regulations to be made when those regulations could then modify any Act of law. And I do not think that is . . . well, I would question whether that is constitutional; it is certainly undesirable. And the Minister is very kindly undertaking to look into that further. It could be a matter dealt with at the Senate if it is unconstitutio nal, or a change should be made. The final point is just a typo. (Mr. Chairman, I am grateful.) Under Schedule, Relevant Offences, it refers to the Misuse of Drugs (Decriminalisation of Cannabis) Act 2017. It should be the Amendment Act 2017, because the 2017 Act was amending the original Misuse of Drugs Act 1972. So, Mr. Chairman, I am grateful for your i ndulgence. I will take those questions offline, and I am grateful for the Minister. And I am glad we got that sorted, and I hope I was quick enough.
The ChairmanChairmanThank you, Honourable Member Pearman. Minister, back to you. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I will provide that information to the Honourable and Learned Member, the Attorney General, and to her Chambers so that I can assist by getting that further information for the Honourable …
Thank you, Honourable Member Pearman. Minister, back to you.
Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I will provide that information to the Honourable and Learned Member, the Attorney General, and to her Chambers so that I can assist by getting that further information for the Honourable Member. Or alternatively, the Attorney General may wish to address those matters herself in the Senate when this matter is debated next week.
The ChairmanChairmanYes. Minister, you moved the clauses. Can you move the Schedule? Hon. Kim N. Wilson: Yes, Mr. Chairman. I would like to move that the Schedule be approved.
The ChairmanChairmanWith the amendment? Hon. Kim N. Wilson: Yes, with the amendment.
The ChairmanChairmanOr correction. Let us put it that way. I think it is a correction mor e than an amendment. Hon. Kim N. Wilson: Yes. I think you are right.
The ChairmanChairmanIt has been moved that the Schedule be approved as corrected. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedule approved as corrected.] Hon. Kim N. Wilson: I move that the Bill be reported as printed.
The ChairmanChairmanNo, the preamble; sorry. Hon. Kim N. Wilson: I did the preamble already, yes.
The ChairmanChairmanOkay. Hon. Kim N. Wilson: Yes.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed and corrected. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as corrected. [Motion carried: The Expungement of Convictions Act 2020 was considered by a …
It has been moved that the Bill be reported to the House as printed and corrected. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as corrected. [Motion carried: The Expungement of Convictions Act 2020 was considered by a C ommittee of the whole House and passed with a correction to the Schedule.]
The ChairmanChairmanThank you. Thank you, Minister. Hon. Kim N. Wilson: Thank you.
The ChairmanChairmanThanks very much. Mr. Speaker. House resumed at 8:30 pm [Hon. Dennis P. Lister, Jr ., Speaker, in the Chair] 4652 24 July 2020 Official Hansard Report Bermuda House of Assembly REPORT OF COMMITTEE EXPUNGEMENT OF CONVICTIONS ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, the Bill, the Expungement of Convictions Act 2020, has been reported to the House as printed. Are there any objections? There are no objections. The Bill has been reported as printed and received. We now move on to the next item on the O rder Paper. …
Thank you, Deputy. Members, the Bill, the Expungement of Convictions Act 2020, has been reported to the House as printed. Are there any objections? There are no objections. The Bill has been reported as printed and received. We now move on to the next item on the O rder Paper. And it is the second reading of the Health Professionals (Miscellaneous Amendments) Act 2020, in the name of the Minister of Health. Minister, you have had a busy evening. Would you like to present your matter?
Hon. Kim N. Wilson: Actually, Mr. Speaker, I would like to hold that over until our next [sitting] please.
The SpeakerThe SpeakerOh, that will be carried? Hon. Kim N. Wilson: Yes, p lease.
The SpeakerThe SpeakerOkay. All right. Hon. Kim N. Wilson: Thank you.
The SpeakerThe SpeakerNo problem at all. Then we will move on. The next item that will be dealt with this evening is the consideration of the Exchange Agreement b etween the Corporation of Hamilt on and McCalmon Trust PTC Limited, in the name of the Minister of Works. Minister.
Lt. Col. Hon. David A. BurchI move that consider ation be given to the Exchange Agreement betwee n the Corporation of Hamilton and McCalmon Trust PTC Limited, as trustee of the McCalmon Trust, reference areas of land situated at 5 Brooklyn Lane, City of Hamilton, etched in yellow and pink in accordance with section 20(1A) …
The SpeakerThe SpeakerAre there any objections to that? No objection. Minister, continue. AGREEMENT EXCHANGE AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND McCALMON TRUST PTC LIMITED
Lt. Col. Hon. David A. BurchMr. Speaker, I am pleased to introduce th e draft Exchange Agreement between the Corporation of Hamilton, a corporation existing pursuant to terms of the Municipalities Act 1923, and McCalmon Trust PTC Limited, the purchaser as trustee of the McCalmon Trust. Mr. Speaker, the vendor and the purchaser wish to …
Mr. Speaker, I am pleased to introduce th e draft Exchange Agreement between the Corporation of Hamilton, a corporation existing pursuant to terms of the Municipalities Act 1923, and McCalmon Trust PTC Limited, the purchaser as trustee of the McCalmon Trust. Mr. Speaker, the vendor and the purchaser wish to enter into the agreement set out in the draft exchange agreement. Section 20(1A) of the Munic ipalities Act 1923 requires that “Any agreement for — a) the sale of land which is the property of the Corporation; or b) a lease, conveyance or other disposi tion of any interest in land which is the property of the Corporation, being a lease, disposition or conveyance expressed to be for a term exceeding twenty -one years or for terms renewable exceeding in the aggregate twenty -one years, and any related agreement, must be submitted in draft to the Minister for approval by the Cabinet, and be approved by the Legislature.” The land exchange is required to allow the corporation to complete the sidewalk from the Laffan Street to Canal Road which many schoolchildr en use. The Corporation of Hamilton to convey their property, area 1, to the McCalmon Trust in exchange for the conveyance to the McCalmon Trust Property, area 2. The trust agrees to convey their property in exchange for the conveyance of the Corporation of Hamilton’s property. Mr. Speaker, the draft exchange agreement is such an agreement. It has been submitted to the Mi nister and has been approved by the Cabinet. It is now before this Honourable House for its approval in ac-cordance with section 20(1B) of the Municipalities Act 1923, which provides that “[t]he approval of the Legi slature referred to in subsection (1A) shall be ex-pressed by way of resolution passed by both Houses of the Legislature approving the agreement, and communicated to the Governor b y message.” Mr. Speaker, this concludes my presentation of the draft exchange agreement, and I offer it for consideration by the House.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? No other Member? Minister, you have the floor . Hon. L. Craig Cannonier: Mr. Speaker, my apol ogies. I was trying to hit mute and was not getting it.
The SpeakerThe SpeakerNo problem . The Opposition Leader, you have the floor. B ermuda House of Assembly Hon. L. Craig Cannonier: Yes. There is not much to add here. It is a simple exchange. The only question that I did have, and the PS of the Ministry did explain to me what …
No problem . The Opposition Leader, you have the floor.
B ermuda House of Assembly Hon. L. Craig Cannonier: Yes. There is not much to add here. It is a simple exchange. The only question that I did have, and the PS of the Ministry did explain to me what the exchange was about. There are no financial obligations between the two parties of the Corporation of Hamilton and the McCalmon Trust Li mited. So we recognise that it is for a sidewalk. And I believe there is a second one in the same light. And so we have no objection, and [we] support it.
The SpeakerThe SpeakerThank you. No further speakers. Minister.
Lt. Col. Hon. David A. BurchMr. Speaker, I would like to also extend thanks to the Opposition Leader as my Shadow for bringing for us (for these to go early) and us providing the questions and answers to the questions that he had. With those comments, I move that consider ation be given . . …
Lt. Col. Hon. David A. BurchTwo seconds, Mr. Speaker. Mr. Speaker, with those comments, I now move that this Honourable House, in accordance with section 20(1A) and 20(1B) of the Municipalities Act 1923, approve the exchange agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited as trustee of the McCalmon Trust as set …
Two seconds, Mr. Speaker. Mr. Speaker, with those comments, I now move that this Honourable House, in accordance with section 20(1A) and 20(1B) of the Municipalities Act 1923, approve the exchange agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited as trustee of the McCalmon Trust as set out in the attached draft of the agreement, and that the ap-propriate message be sent to the Governor.
The SpeakerThe SpeakerMembers, are there any objections to that? No objections. It has been agreed, and the appropriate message will be sent. [ Motion carried: The Exchange Agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited was considered by the House was approved.] The Sp eaker: Minister, I believe there …
Members, are there any objections to that? No objections. It has been agreed, and the appropriate message will be sent. [ Motion carried: The Exchange Agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited was considered by the House was approved.] The Sp eaker: Minister, I believe there is another, similar matter in your name. Would you like to proceed with that?
The SpeakerThe SpeakerThere are two. I beg your pardon?
Lt. Col. Hon. David A. BurchCould I change the order? [Item] 15 relates to the last one we did. And then 14 is for St. George’s. Could I do— [ Crosstalk] The Speaker: Well, St. George’s is used to being at the end anyway. You know, they seem to finish at the bottom. [ Laughter]
The SpeakerThe SpeakerAnd we do not mind your doing Hamilton first.
The SpeakerThe SpeakerYe s, the Trust, yes, Dianthus Trus t. AGREEMENT EXCHANGE OF LAND AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND DIANTHUS TRUST
Lt. Col. Hon. David A. BurchSo, Mr. Speaker, I move that consideration be given to the Exchange of Land Agreement between the Corporation of Hamilton and the Trustees of the Dianthus Trust references — reference areas of land situated at Canal Road/Laffan Street, City of Hamilton, etched in green and yellow, and designated parcels B …
So, Mr. Speaker, I move that consideration be given to the Exchange of Land Agreement between the Corporation of Hamilton and the Trustees of the Dianthus Trust references — reference areas of land situated at Canal Road/Laffan Street, City of Hamilton, etched in green and yellow, and designated parcels B and A, respectively, and in accordance with section 20(1A) of the Municipalities Act 1923.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister.
Lt. Col. Hon. David A. BurchMr. Speaker, I am pleased to introduce the draft Exchange of Land Agreement between the Corporat ion of Hamilton, a corporation existing pursuant to terms of the Munic ipalities Act 1923, the vendor, and Dianthus Trust, the purchaser, a local trust incorporated in Bermuda, the vendor and the purchaser, who …
Mr. Speaker, I am pleased to introduce the draft Exchange of Land Agreement between the Corporat ion of Hamilton, a corporation existing pursuant to terms of the Munic ipalities Act 1923, the vendor, and Dianthus Trust, the purchaser, a local trust incorporated in Bermuda, the vendor and the purchaser, who wish to enter into an agreement set out in the draft Exchange Agreement. 4654 24 July 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, section 20(1A) of the Municipal ities Act 1923 requires that “Any agreement for — c) the sale of land which is the property of the Corporation; or d) a lease, conveyance or other disposition of any interest in land which is the property of the Corporation, being a lease, disposition or conveyance expressed to be for a term exceeding twenty -one years or for terms renewable exceeding in the aggregate twenty -one years, and any related agreement, must be submitted in draft to the Minister for approval by the Cabinet, and be approved by the Legislature.” A land exchange is required to allow the Corporation of Hamilton to complete the sidewalk from Laffan Street to the Canal [Road], which many schoolchildren use. Both properties are almost equal in size, 150.06 square feet and 150.03 square feet. The land currently belonging to the Dianthus Trust is exchanged together with full, free and unrestricted right and liberty of way and passage for the Dianthus Trust and the owners, tenants and servants and all other lawfully authorised persons to go, return and repass at their will and pleasure, with or without an imals and vehicles of all descriptions, over and along the land being exchanged, given that the proposed land is used as a publ ic sidewalk. Mr. Speaker, the draft Exchange Agreement is such an agreement. It has been submitted to the Minister and has been approved by the Cabinet. It is now before this Honourable House for its approval in accordance with section 20(1B) of the Munic ipalities Act 1923, which provides that “[t]he approval of the Legislature . . . shall be expressed by way of resol ution passed by both Houses of the Legislature appro ving the agreement, and communicated to the Gover-nor by message.” Mr. Speaker, this conc ludes my presentation of the draft Exchange Agreement, and I move that the resolution be approved.
The SpeakerThe SpeakerThank you, Minister. Is there any other Member who wishes to speak? Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Once again this is just another furtherance of the first that we have just done, continuing on up on Canal [Road], up the sidewalk, as the Minister has said. And …
Lt. Col. Hon. David A. BurchMr. Speaker, I now move that this House, in accordance with section 20(1A) and (1B) of the Municipalities Act 1923, a pprove the Exchange Agreement between the Corpor ation of Hamilton and the Dianthus Trust as set out in the attached draft of the agreement and that the ap-propriate message …
The SpeakerThe SpeakerAre there any objections to that? No objections. The matter has been agreed and the said message to be sent to the Governor. [Motion carried: The Exchange of Land Agreement between the Corporation of Hamilt on and the Trustees of the Dianthus Trust was approved.]
The SpeakerThe SpeakerMinister, I believe you have one more on there. AGREEMENT SALE AND PURCHASE AGREEMENT BETWEEN THE CORPORATION OF ST. GEORGE’S AND THE W. M. E. MEYER & COMPANY LIMITED
Lt. Col. Hon. D avid A. BurchYes, Mr. Speaker. Thank you. I move that consideration be given to the Sale and Purchase Agreement between the Corporation of St. George’s and the W. M. E. Meyer & Company Li mited, reference to a lot of land situated in the Town of St. Georg e’s in the Islands …
Yes, Mr. Speaker. Thank you. I move that consideration be given to the Sale and Purchase Agreement between the Corporation of St. George’s and the W. M. E. Meyer & Company Li mited, reference to a lot of land situated in the Town of St. Georg e’s in the Islands of Bermuda shown as Lot A and as described in the Schedule Annex and etched red on the plan in accordance with section 20(1A) of the Municipalities Act 1923. Mr. Speaker, I am pleased to introduce the draft Sale and Purchase Agreement between the Corporation of St. George’s, the corporation existing pursuant to terms of the Municipalities Act 1923, the ven-dor, and to W. M. E. Meyer & Company Limited, the purchaser, a local company incorporated in Bermuda. Mr. Speaker, the vendor and the purchaser wish to enter the agreement set out in the draft Sales Agreement. Section 20(1A) of the Municipalities Act 1923 requires that “Any agreement for — a) the sale of land which is the property of the Corporation; or b) a lease, conveyance or other disposit ion of any interest in land which is the property of the Corporation, being a lease, disposition or conveyance expressed to be for a term exceeding twenty -one years or for terms renewable exceeding in the aggregate twenty -one years, and any related agreem ent, must be submitted in draft to the Minister for approval by the Cabinet, and be approved by the Legislature.” The subject lot is undeveloped and previously formed part of the adjacent property to the west of Coal Shed building, located at 6 Penno’s [D rive], a property, which is grass, is roughly triangular in shape and used from time to time for parking. During 2009 and 2010, the Corporation of St. George’s and W. M. E. Meyer & Company engaged in discussions regar dBermuda House of Assembly ing the boundary adjustment of the aforementioned property, with the planning application subsequently made. Attached at Annex 2 is the approved final plan of sub division. The entire Lot A was approved and is an add itional 0.0085 hectares, or 0.021 acres. Instead, the boundary changed area of 0.0075 hectares, or 0.0185 acres, or 806 square feet. After consideration of the market sales information of non- developable land parcels attached as Annex 3 a market value of $13,000.00 was affixed to the sale of Area A. An eval-uation was conducted by a chartered valuation surveyor representing Bermuda Realty. Based on the information provided to the Corporation of St. George’s Council, members were satisfied that the property price is reflective of the true market value for the property. Additionally, t he purchaser, W. M. E. Meyer & Company Limited, has agreed to cover all costs ass ociated with the sale. A tentative resolution was subs equently obtained and recommended to the Minister responsible for municipalities to approve the sale. A ttached at Annex 4 is a sales and purchase agreement. Mr. Speaker, the draft Sales Agreement is such an agreement. It has been submitted to the Mi nister and has been approved by the Cabinet. It is now before this Honourable House for its approval in accordance with section 21(B) of the Municipalities Act 1923, which provides that “[t]he approval of the Legi slature . . . shall be expressed by way of resolution passed by both Houses of the Legislature approving the agreement, and communicated to the Governor by message.” Mr. Speaker, this concludes my presentation of the draft Sales Agreement for the sale of land to W. M. E. Meyer & Company Limited by the Corporation of St. George’s. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any Member wish to speak to this? Hon. L. Craig Cannonier: Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. L. Craig Cannonier: Much appreciated.
The SpeakerThe SpeakerGo ahead. Hon. L. Craig Cannonier: I did have a few questions. However, I do know that the Permanent Secretary did send an amendment to the Annex 2. My concern with this particular sale only was that —no, the sale needed to go through. I am happy that the Corporation …
Go ahead.
Hon. L. Craig Cannonier: I did have a few questions. However, I do know that the Permanent Secretary did send an amendment to the Annex 2. My concern with this particular sale only was that —no, the sale needed to go through. I am happy that the Corporation of St. George’s has done this. And it has long been said that this piece of property needed to be sold, and most people in St. George’s were saying they did not u nderstand why this little slither or piece of land was si t-ting on the end of the Meyer property. So it only makes sense. In Annex 2, however, it did not outline the actual piece of property that was bei ng purchased. I did receive an adjustment to that from the Permanent Secretary. So I just would like to confirm that it is a part of the official record now in the House of Assembly, that the outlined piece that is actually being purchased is what you have received in the House of A ssembly. I also note that there was no written descri ption of this plot of land. Normally when you purchase a piece of land, there is an actual physical written description of it. I did not see that in there. But I would assume that as long as we have the official record of the outlining of it on Annex 2, that would suffice. I did find rather interesting that on (I am looking for the page—my apologies) . . . in Annex 3, where there were valuation considerations that were being g iven, at the very end, it is N.B. (note well), there is a suggestion that “We are also aware that Government is trying to promote a rate of $50.00 per square metre, just shy of $5.00 per square foot.” And I did not take that as the gospel, or that this was just a summation. And I was wondering if the Minister could say whether or not that was the actual fact that Government is now promoting the property like this here at $50.00 per square metre. That is all I have. We support it.
Lt. Col. Hon. David A. Bur chOkay. The answer to the first question about the new annex, which is the triangle in blue, that was provided to the House of A ssembly yesterday, I think following its being sent to you. So it is part of the official record. I have no knowledge of a desire …
Okay. The answer to the first question about the new annex, which is the triangle in blue, that was provided to the House of A ssembly yesterday, I think following its being sent to you. So it is part of the official record. I have no knowledge of a desire by Gover nment to establish a fee for the question that the Opposition Leader asked.
Lt. Col. Hon. David A. BurchI now move that this Honourable House, in accordance with — Hon. Renee Ming: Mr. Speaker, I would like to speak on this [agreement], please.
Lt. Col. Hon. David A. B urchOh, sorry. 4656 24 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: This is St. George’s, Madam. You know our St. George’s voice needs to be heard. Honourable Member, would you like to add a few comments? Hon. Renee Ming: My comments would be very brief.
The SpeakerThe SpeakerThat is quite all right . Hon. Renee Ming: I just want to say that I am glad that we are bringing this [agreement] today. And I joined the corporation in 2009. We talked about this in all of 2010, and it just never came to fruition. It is a …
That is quite all right .
Hon. Renee Ming: I just want to say that I am glad that we are bringing this [agreement] today. And I joined the corporation in 2009. We talked about this in all of 2010, and it just never came to fruition. It is a very small piece of land off of the Coal Shed. If you are from St. George’s, you know exactly where I am talking about. And like I said, we have been in discussions, we were in discussions for a whole year. It was finally agreed, but it just never happened. So I am glad that the corporation and the entity, being Meyer in this instance, have finally come to an agreement and that they have been able to settle it amicably and, you know, put the very little bit of cash in the corpor ation’s coffers. But thanks to Colonel Burch and his team for finally getting it done. I appreciate that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Do any other Members wish to speak? No other Members. Minister.
Lt. Col. Hon. David A. BurchOkay, Mr. Speaker. I jumped the gun a little bit. I now move that t his Honourable House, in accordance with section 20(1A) and (1B) of the M unicipalities Act 1923 approve this Sales Agreement between the Corporation of St. George’s, the vendor, the W. M. E. Meyers & Company …
Okay, Mr. Speaker. I jumped the gun a little bit. I now move that t his Honourable House, in accordance with section 20(1A) and (1B) of the M unicipalities Act 1923 approve this Sales Agreement between the Corporation of St. George’s, the vendor, the W. M. E. Meyers & Company Limited, the purchaser, as set out in the attached draft of the agree-ment and that the appropriate message be sent to the Governor.
The SpeakerThe SpeakerAre there any objections to that? No objections. It has been agreed, and the appropriate message will be sent. [Motion carried: The Sale and Purchase Agreeme nt between the Corporation of St. George’s and the W. M. E. Meyer & Company Limited was approved.]
The SpeakerThe SpeakerMembers, that now brings us to the end of today’s Order Paper. Ministers, would you li ke to do your third readings? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerI will start with the Premier. Premier. SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to now move the Bill ent itled the Tourism Investment Amendment Act 2020 be now read the …
The SpeakerThe SpeakerAre there any objections to that? There appear to be none. Mr. Premier, continue. [Motion carried: Standing Or der 21 suspended.] BILL THIRD READING TOURISM INVESTMENT AMENDMENT ACT 2020 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Tourism Investment Amendment Act …
Are there any objections to that? There appear to be none. Mr. Premier, continue.
[Motion carried: Standing Or der 21 suspended.]
BILL
THIRD READING
TOURISM INVESTMENT AMENDMENT ACT 2020
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Tourism Investment Amendment Act 2020 be now read for its third time by its title only and passed.
The SpeakerThe SpeakerIt has been read by its title the third time, received and now passed. [Motion carried: The Tourism Investment Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe next item? [Inaudible interjections; Feedback ]
The SpeakerThe SpeakerThe next would be the Minister of F inance because, Premier, your other two were Orders and did not need a third reading. Minister of Finance, I believe it is your trust matters. Hon. E. David Burt: Mr. Speaker, I am happy to read the Finance Minister’s items if he …
The SpeakerThe SpeakerMr. Premier, continue. SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Trusts (Special Provisions) Amendment Act 2020 be now read the third time by its title …
Mr. Premier, continue.
SUSPENSION OF STANDING ORDER 21 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Trusts (Special Provisions) Amendment Act 2020 be now read the third time by its title only.
Bermuda House of Assembly The Speaker: Are there any objections? No objections. Continue, Premier.
[Motion carried: Standing Order 21 suspended.]
BILL
THIRD READING
TRUST S (SPECIAL PROVISIONS) AMENDMENT ACT 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Trusts (Special Provisions) Amendment Act 2020 be now read for a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has now been read a third time by its title only. Are there any objections? No objections. It has been accepted and passed. [Motion carried: The Trusts (Special Provisions) Amendment Act 2020 was read a third time and passed.] The Sp eaker: Premier, would you like to do …
The Bill has now been read a third time by its title only. Are there any objections? No objections. It has been accepted and passed.
[Motion carried: The Trusts (Special Provisions) Amendment Act 2020 was read a third time and passed.] The Sp eaker: Premier, would you like to do the next one for the Minister?
Hon. Wayne L. Furbert: I will do the next one, Mr. Speaker.
The SpeakerThe SpeakerOkay. Minister Furbert. SUSPENSION OF STANDING ORDER 21 Hon. Wayne L. Furbert: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled Trusts (Special Provisions) Amendment (No. 2) Act 2020 be now read the third time by its title only.
The SpeakerThe Speaker[Are there] any objections? No objections. Continue, Minister. [Motion carri ed: Standing Order 21 suspended.] BILL THIRD READING TRUSTS (SPECIAL PROVISIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Wayne L. Furbert: I move the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third ti me by its title only, accepted and passed. [Motion carried: The Trusts (Special Provisions) Amendment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe next matter is the— Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerYes. SUSPENSIO N OF STANDING ORDER 21 Hon. E. David Burt: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Government Loans Amendment (No. 2) Act 2020 be now read for the third time by its title only.
The SpeakerThe SpeakerThe B ill has been read the third time by its title only, received— Hon. E. David Burt: Mr. Speaker, sorry.
The SpeakerThe SpeakerGo ahead, Minister. Hon. E. David Burt: Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerIt has been a long day. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020 Hon. E. David Burt: Mr. Speaker, I move that the Bill entitled the Government Loans Amendment (No. 2) Act 2020 be now read for a third time by …
The SpeakerThe SpeakerThank you. The Bill has been read a third time by its title only, received and is now passed. [Motion carried: T he Government Loans Amendment (No. 2) Act 2020 was read a third time and passed.] Hon. E. David Burt: Mr. Speaker. The Sp eaker: Next is the insurance …
Thank you. The Bill has been read a third time by its title only, received and is now passed.
[Motion carried: T he Government Loans Amendment (No. 2) Act 2020 was read a third time and passed.]
Hon. E. David Burt: Mr. Speaker.
The Sp eaker: Next is the insurance matter, yes? 4658 24 July 2020 Official Hansard Report
Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Insurance Amendment Act 2020 be now read for the third time by its title only.
The SpeakerThe SpeakerAny objections? Continue, Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INSURANCE AMENDMENT ACT 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. S peaker, I move that the Bill entitled the Insurance Amendment Act 2020 be now read a third time by its title …
The SpeakerThe SpeakerThe Bill has been read a third time by its title only, received and passed. [Motion carried: The Insurance Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerPremier, would you like to do the health ones, as well? Hon. E. David Burt: I guess I am going that way. Hon. Wayne L. Furbert: I can do it for you, Prem ier, if you want me to. Hon. E. David Burt: Go right ahead, Wayne.
The SpeakerThe SpeakerOkay. Minister Furbert, would you like to do the matters for the Minister of Health? Hon. Wayne L. Furbert: Yes. I believe the first one was—
The SpeakerThe SpeakerThe Criminal Code Amendment Act 2020. SUSPENSION OF STANDING ORDER 21 Hon. Wayne L. Furbert: Okay. I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Criminal Code Amendment Act 2020 be now read the third time by its title only. The S …
The Criminal Code Amendment Act 2020.
SUSPENSION OF STANDING ORDER 21
Hon. Wayne L. Furbert: Okay. I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Criminal Code Amendment Act 2020 be now read the third time by its title only. The S peaker: Are there any objections to that? No objections. Continue, Minister.
[Motion carried: Standing Order 21 suspended.]
BILL
THIRD READING
CRIMINAL CODE AMENDMENT ACT 2020
Hon. Wayne L. Furbert: I move that the Bill be now read a third time by i ts title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title, received and passed. [Motion carried: T he Criminal Code Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe next item, Minister, is the Criminal Code Amendment (No. 2). SUSPENSION OF STANDING ORDER 21 Hon. Wayne L. Furbert: I move that Standing Order 21 be suspended to enable me to move the Bill ent itled Criminal Code Amendment (No. 2) Act 2020 be now read the third time …
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CRIMINAL CODE AMENDMENT (NO. 2) ACT 2020 Hon. Wayne L. Furbert: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only, received and passed. [Motion carried: T he Criminal Code Amendment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe next item woul d be that of the Mi nister—the next three. No . The agreements do not need a third reading, the exchanges. Bermuda House of Assembly Hon. Wayne L. Furbert: How about expungement?
The SpeakerThe SpeakerOh, yes, the expungement, yes. You can do that for the Minister as well. SUSPENSION OF STA NDING ORDER 21 Hon. Wayne L. Furbert: Yes. I move that Standing Order 21 be suspended to enable me to move the Bill entitled the Expungement of Convictions Act 2020 be now read …
The SpeakerThe Speaker[Are there] any objections? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING EXPUNGEMENT OF CONVICTIONS ACT 2020 Hon. Wayne L. Furbert: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read a third time by its title only, received and passed. [Motion carried: The Expungement of Convictions Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThat has brought us to the close of the Order Paper for today.
Mr. Prem ier.
Hon. E. David BurtThank you very much, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until Friday, September 11 th. And I know that there are Members of mine who wish to speak. Hon. Michael H. Dunkley: Mr. Speaker, bef ore we adjourn— SPEAKER’S RULING [Standing Order 19(11)(e)]
The SpeakerThe SpeakerBefore we go there, before we go to motion to adjourn, I have a matter that I would like to address which relates to last week’s sitting. And I will do it at this point, and then we can have the motion to adjourn, and Members who wish to speak. …
Before we go there, before we go to motion to adjourn, I have a matter that I would like to address which relates to last week’s sitting. And I will do it at this point, and then we can have the motion to adjourn, and Members who wish to speak. I would like to remind Members to refrain from interrupting the Speaker when a ruling is being made. Members, during the sitting of last Friday, the 17 th of July, under the 1motion to adjour n, the Member for constituency 10 raised a point of order that the Member for constituency 5 was misleading the House. The point of order was accepted, at which time the Member for constituency 5 offered to produce the i nformation to which he referred. Further to this, the ensuing exchange that followed resulted in breaches to Standing Orders by the Member for constituency 10. I state this to put the matter in the proper context which gives rise for me to address the matter today. Firstly, the Member for constituency 5 has, as requested, provided the Speaker with the said doc umentation. Full credit is given to the Member for honouring his commitment to produce the information. However, based on an extensive review of the infor-mation and fair advice given, it is the opinion of the Speaker that the information contained within the document be directed to the judgment of the judicial branch and not the legislative branch. Therefore, the information will not be tabled. Secondly, the Member for constituency 10 is requested to withdraw his remarks in accordance with Standing Order 19(11)(e), upon which this matter will be considered closed. Additionally, be mindful that the Speaker has the authority under Standing Order 10(8) to adjourn the House without question put at any time. Members, I have ruled on last week’s matter. I consider the matter to be duly addressed. I will just call on the Member from constituency 5 . . . [he] did produce the information. It will not be tabled. And I am asking the Member from constituency 10 just to acknowledge the Standing Order 19(11)(e).
Hon. Derrick V. Burgess, Sr.: Do you want me to do my paper? Mr. Speaker —
The SpeakerThe SpeakerNo. I call on the Member from constit uency 10. Hon. Derrick V. Burgess, Sr.: Okay. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank you for your call this morning to discuss this matter. If I breached any rules of the House, I certainly will apologise …
No. I call on the Member from constit uency 10. Hon. Derrick V. Burgess, Sr.: Okay. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank you for your call this morning to discuss this matter. If I breached any rules of the House, I certainly will apologise and withdraw those comments. I have read the Hansard again. And certainly I will follow your ruling.
The SpeakerThe SpeakerThank you, Member. That is most appreciated at this point. I would like to open the floor to Members who wish to speak on motion to adjourn. Hon. Michael H. Dunkley: But, Mr. Speaker — 1 Official Hansard Report 17 July 2020, page 4523 4660 24 July 2020 Official Hansard …
Thank you, Member. That is most appreciated at this point. I would like to open the floor to Members who wish to speak on motion to adjourn. Hon. Michael H. Dunkley: But, Mr. Speaker —
1 Official Hansard Report 17 July 2020, page 4523 4660 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Yes.
Hon. Michael H. Dunkley: But, Mr. Speaker, one other point.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: When we had a phone conversation today, you also said that you would ask the Honourable Member from constituency 5 to do the same as I have just done.
The SpeakerThe SpeakerWell, I indicated that the matter will not be tabled, and I think it is in the best interests of all persons that it not be tabled. So the ruling looks to be fair to both Members, because the item has not been tabled. And in the interests of . …
Well, I indicated that the matter will not be tabled, and I think it is in the best interests of all persons that it not be tabled. So the ruling looks to be fair to both Members, because the item has not been tabled. And in the interests of . . . and in the best i nterest of this Parliament. I have ruled on it. And I do not intend to speak on it anymore.
ADJOURNMENT
The SpeakerThe SpeakerWould any Member like to speak to the motion to adjourn this evening? Hon. Derrick V. Burgess, Sr.: Mr. Speaker.
The SpeakerThe SpeakerI will take Mr. Commissiong.
Mr. Rolfe CommissiongYes, sir. Hon. Derrick V. Burgess, Sr.: Can I — Hon. E. David Burt: Mr. Speaker, I think the Deputy Speaker was try ing to speak on motion to adjourn. Hon. Derrick V. Burgess, Sr.: Right. Yes.
The SpeakerThe SpeakerLook . . . Deputy, Mr. Commissiong drowned us out. Okay. Deputy. Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Mr. Speaker. Mr. Speaker and colleagues, I am satis fied that the document in question will be sent for the judgment of the judicial —
The SpeakerThe SpeakerDeputy, I don’t think we should really go down that road again, because it would open up the conversation for others to speak to, and being that I ruled on it. Hon. Derrick V. Burgess, Sr.: I am not speaking against the document, Mr. Speaker.
The SpeakerThe SpeakerI am asking, Deputy, you be very gui ded by how you say it. You honoured the request of the House and tabled it and presented it to the Speaker. Hon. Derrick V. Burgess, Sr.: Well, I am only reading from the document. I am not going against your judgment, …
I am asking, Deputy, you be very gui ded by how you say it. You honoured the request of the House and tabled it and presented it to the Speaker.
Hon. Derrick V. Burgess, Sr.: Well, I am only reading from the document. I am not going against your judgment, Mr. Speaker. I understand the power of the Chair. I am just saying that I am satisfied that the document in question will be sent for the judgment of the judicial branch.
The SpeakerThe SpeakerIn fact, I would advise that that is far enough. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I am tr ying to be very cordial and proper. Mr. Speaker, you cannot tell me, when I am doing right , what to say and what not to say. A nd I …
The SpeakerThe SpeakerDeputy, I am not telling you what to say and what not to say ; I am just making sure that we [INAUDIBLE ]. Hon. Derrick V. Burgess, Sr .: [INAUDIBLE ] far enough, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: This is your House,
Mr. Speaker.
The SpeakerContinue Deputy. Hon. Derrick V. Burgess, Sr.: I’m finished. [Crosstalk]
The SpeakerThe SpeakerThe Deputy has the floor. [ INAUDIBLE] just don’t re- open it. You can say you were satisfied the way this process was handled. [Inaudible]
The SpeakerThe SpeakerDoes any other Member wish to speak?
The SpeakerThe SpeakerContinue. AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Mr. W. Lawrence ScottThank you. Mr. Speaker, to say that the passenger air travel redevelopment is a hot button or an emotional topic, I think I can safely say that is an understat ement. Even as recently as earlier today we had what some might say emotional, passionate, but, unfort unately, [INAUDIBLE ] …
Thank you. Mr. Speaker, to say that the passenger air travel redevelopment is a hot button or an emotional topic, I think I can safely say that is an understat ement. Even as recently as earlier today we had what some might say emotional, passionate, but, unfort unately, [INAUDIBLE ] comments and statements made
Bermuda House of Assembly by Members. And so with that under normal circu mstances one could be forgiving as it is a complex topic within an already complex industry in which we have very few subject -matter experts on- island. However , Mr. Speaker, what is troubling is that the person and the Members who are sharing and making these inaccurate statements and posing unrealistic questions are the same persons who sat in one of the highest offices in the land at the time that the agreements were signed. And it was with their collective respons ibility that they signed and agreed to it. And this was done all with the entire resources of the Bermuda Government at their disposal. Yet, Mr. Speaker, they (and when I say “they” I am talking about the former OBA Government) still entered into an airport deal. The deal requires the country to maintain pre- determined air arrival numbers. Now, part of this agreement was that if the num-bers were to fall below this pre- determined number the Government , the taxpayers, would provide a mi nimum regulated revenue guarantee. So let’s just stick a pin in that, because earlier, the Opposition Leader who sat in the very office I spoke of, as a former Premier, did not appreciate the work that it takes or the wor k that it took, or the fact that until myself, the PLP, took over as Chairman of the Airport Authority , the country had three departments operating independently in silos negotiating fare routes for the country. Now, Mr. Speaker, you mi ght ask how is that significant. It is significant because without air service development how are you going to make sure that you have air arrival numbers or you have a strategy that will provide air arrival numbers which will ensure that they do not fall below that pre- determined number? So, Mr. Speaker, it was the Airport Authority that brought Skyport and the Bermuda Tourism Authority together to create what is the first comprehensive air service development programme that this country has ever seen. Mr. Speaker, once again, why is that i mportant? Because prior to that we had Skyport that was trying to attract airlines that benefitted their inter-ests, we had the Bermuda Tourism Authority negotiating with airlines that benefitted their interests, but yet Skyport did not have the knowledge of the National Tourism Plan, nor did the Tourism Authority have the industry information or the industry know -how of how air routes are selected. Therefore, we were very much spinning our wheels. And that hindered the country back then b y having us paying revenue guarantees for air routes that did not need the support or overpaying, meaning paying for routes for too long. Mr. Speaker, I go back to that pin. How can you have a minimum regulated revenue guarantee based on air service numbers and not have a pr ogramme or a policy in place to develop and/or manage it? Mr. Speaker, the bottom line is that we, the Bermudian taxpayers, have paid out $5.7 million. The exact number is $5,770,995.54. And that is not even counting any additional tha t could come on the other end. And this is because of the deal that the former OBA Government negotiated. Now, Mr. Speaker, even though it may not be in aviation, but that is money that could be going to relief for families hard hit by the pandemic. That is money that could be invested back into our public education. That is money that could be used to bring down the cost of living. Mr. Speaker, that is money that could go towards expanding the COVID -19 relief. Mr. Speaker, we are a country that has buil t a pillar of our economy ––a significant portion or a signi ficant percentage of our wealth [and] our success has come from the insurance industry. We are one of the leading risk capitals of the world, and we deal with vulnerable and various acts of God. This includes cl imate change, this includes global warming, this i ncludes hurricanes, this includes weather events and pandemic amongst any of a million acts of God. So, Mr. Speaker, when during Question Period a Member asked why we did not get insurance for this, the fact remains that the Airport Authority looked into an i nsurance policy and it was determined not to be financially or fiscally feasible, nor would we have . . . and it did not prove to be financially feasible because the insurance policies that were available did not protect against force majeure or acts of God especially. So the COVID -19 or this pandemic would not have been covered. And because we were guided by the promise that had been made when in 2017 the previous Government signed the dea l saying that we would not have to . . . or there was low to little chance that we would have to have the MRG [minimum regulated revenue guarantee], with that data put into the formula with that data put into the algorithm, the insurance policy came out to be astronomical. And then, Mr. Speaker, we went to not just local law firms, we went to international law firms to do a legal review on the project agreement. And one of the things that was glaring to the lawyers who looked at it was that for the project agreement that included . . . how can I say it? For a project agreement with an extended duration of 30 years to not include a variation clause, they said was highly, and I quote (I remember it very well when I was in a meeting with them) . . . it was high ly unus ual not to have even a variation clause. And they felt that those persons who negotiated this deal could have significantly done better and they could have mitigated the risk a lot better than they did, which, in laymen’s terms, means that Bermudians’ interests were not protected in this deal, Mr. Speaker. Now, Mr. Speaker, I know that we have said so many negative things about this deal. But a ques-tion that the Airport Authority often gets is will Berm uda ever see any advantageous, positive change in the project agreement with Skyport. And, Mr. Speaker, the project agreement includes a revenue sharing prov i4662 24 July 2020 Official Hansard Report
Bermuda House of Assembly sion where the up side is that on the opposite side of the revenue guarantee, if the actual revenue for a particular quarter exceeds revenue sharing thresholds, which means it exceeds the goal which was set out in the schedule to the project agreement that the go vernment would share in a 50/50 split of the portion of actual revenue above that threshold. However, Mr. Speaker . . . and that is the t hing with this agreement; there is always a “however” or always a “but”. However, the Government is only entitled to share, or the Bermuda taxpayer is only entitled to share in this revenue once the owner, or once Skyport and Aecon Concessions has been rep aid its original equity injection into the project. So, after the $52 million is repaid, only then can we start looking at the 50/50. And just to give you an idea of where that is, of how close or how far away we are, when we signed the contract that was projec ted to be in 2027. So until then, Mr. Speaker, Skyport is entitled to retain any surplus revenue subject to basically few but certain conditions in the project agreement. Mr. Speaker, the other question that the Ai rport Authority gets a lot is, What are the risks to the project if Bermuda cannot, or will not, pay the MRG, or the minimum regulated revenue? If we did not pay this at any given time, or let’s say we choose not to pay the $5.7 [million]. If we choose not to pay the $5.7 [million] the contract has provisions that deal with nonpayment of the MRG , basically as an Authority Event of Default . If we are not able to remedy it, if we could not come to any mutually agreed solution, Skyport could be entitled to trigger the termination of the pr oject. Now, is that good or is that bad? In the case of termination, the cost to Berm uda, or the cost to the Bermuda taxpayer would be si gnificantly higher, Mr. Speaker, than the payment due under the revenue guarantee. So, it would not just be the $5.7 [m illion], it would be multiple times higher, Mr. Speaker. And there would be a requirement to pay significant compensation to Skyport. Now, Mr. Speaker, that is not just it. If that were not bad enough, the new air terminal would be incomplete, because they have not finished the con-struction yet. That is projected to not be completed until September. And Skyport who is the operator of the air terminal could cease operating it, because if they are not paid they no longer have the obligation to continue what they are responsible for. And they are responsible for operating the air terminal. So that could potentially close the airport or the air terminal to commercial, to cargo and to private air traffic, Mr. Speaker. That is the agreement that we are dealing with. That is why we spent the $5.7 million. And, Mr. Speaker, I think it would be helpful to repeat the exact number: $5, 770,995.54. That is why this Government has to pay it, because to not pay, Mr. Speaker, would be doing us a lot more harm than good. S o for those Members who sat in Cabinet to now come and ask questions of this Government as to why we are making the decisions we are making now, and then to go and try to chastise this Government for having to raise the debt ceiling, and then have the audacity to sit there and say in 2012 [the OBA] came in [Government] with a $1.2 billion deficit and that was all done by the PLP, over 14 years ––but in four to five years later we had a $2.4 [billion] or $2.6 billion deficit, which means that the OBA actually eclipsed the PLP Government’s spending multiple times over. It took the OBA four years to do what the PLP took 14 years to do. And then they want to sit there and talk about the fact that we are having to pay $5.7 [million], and then, too, talk about and laugh at the fact that we did not look at having insurance, Mr. Speaker. The same person and the same former Premier who was at the time at the beginning of these negotiations . . . and, Mr. Speaker, remember what the OBA said when I got up and said we ar e going to need an Ai rport Authority. When they challenged me on the floor of the House to say, You can’t come with a better idea? I said create the Airport Authority first, let the Airport Authority go out and do an RFP [request for proposal] and then you come in, and that is the best way to do it. But no, they felt that they knew better, even though they did not have subject matter experts on their side. So now, to sit there and, on a day like today when they find out the true cost of their poor decision-making is $5,770,995.54, to now try to joke about i nsurance and that we should have gotten insurance, Mr. Speaker, when I clearly articulated that there was no insurance policy that could be found for this —
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? We will take your point of order. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. The Honourable Member is misleading the House, perhaps inadvertently, Mr. Speaker. The iss ue of an insurance policy was brought up by the Premier in his press …
Point of order? We will take your point of order.
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. The Honourable Member is misleading the House, perhaps inadvertently, Mr. Speaker. The iss ue of an insurance policy was brought up by the Premier in his press conference yesterday, or the day before (whatever day he went to the public), and he said that it is unbelievable that Members of the previous Government in the insurance capital of the w orld would not have bought an insurance policy at the time the contract was signed. That is where the issue came from—the Premier’s mouth, not from ours. Thank you, very much.
The SpeakerThe SpeakerThank you for your point of order. Member. Bermuda House of Assembly Mr. W. Lawrence Scot t: Mr. Speaker, if the Member was listening, as I said before, when we did the r esearch, when we went back to look at this deal to see how much of a better …
Thank you for your point of order. Member.
Bermuda House of Assembly Mr. W. Lawrence Scot t: Mr. Speaker, if the Member was listening, as I said before, when we did the r esearch, when we went back to look at this deal to see how much of a better deal we could get, the lawyers told us that the only way to accurately, or effectively protect our i nterests, the best insurance policy was to have either a variation clause as part of the agreement of 30 years, or to have a better force majeure clause that would have covered a pandemic or things like this, that was the best way to have the insurance policy. So when we talk about an insurance policy, ensure that you make the right decision the first time, ensure that you actually listen to the subject matter experts and not the people who are benefitting from the contract that you are going to sign with t hem. That is where the insurance comes in. That is where the due diligence comes in. And then they talked about the three years. Oh, it took you three years to do this. It took us about 18 months to go through and try to unravel the mess, unravel that bal l of fishing line that they created so that we could then look at the facts and see what the facts were and separate the facts from the fiction. So, Mr. Speaker, when it comes . . . I don’t believe that anybody from the other side can say with hand on heart that they really looked into this, that they did their due diligence before they allowed the former Minister of Finance to sign it. But this is what we are doing now. As I mentioned last week, Mr. Speaker (wit hout reflecting on a prior debate), this is what you get when you vote for PLP. You get due diligence. You get people who go into the weeds and make sure . . . and if they don’t have that , the thing is —
Hon. L. Craig Cannonier: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: The Honourable Member is misleading the House. He is saying that when you get a PLP Government you get due diligence. Can he speak to the due diligence of the overruns of Berkeley and other …
We will take your point of order.
POINT OF ORDER [Misleading]
Hon. L. Craig Cannonier: The Honourable Member is misleading the House. He is saying that when you get a PLP Government you get due diligence. Can he speak to the due diligence of the overruns of Berkeley and other projects that cost us in overruns for hundreds of millions of dollars? That is not due diligence.
Mr. W. Lawrence ScottMr. Speaker, when we talk about due diligence it is about the fact that the OBA said the Bermudian peopl e should have paid for this insurance. The fact remains that the Airport Authority looked into the insurance policy and it was determined not to be financially or fiscally feasible, …
Mr. Speaker, when we talk about due diligence it is about the fact that the OBA said the Bermudian peopl e should have paid for this insurance. The fact remains that the Airport Authority looked into the insurance policy and it was determined not to be financially or fiscally feasible, nor would it have protected the people of Bermuda against a force majeure event, such as COVID -19. Mr. Speaker, part of the 2017 legal review of the project agreement stated that the protection should have been included in the original contract, and that it was highly unusual for a contract with such an extended duration of 25 to 30 years not to include a variation clause. Therefore, it is both an international and local legal opinion that the Government of the day, the OBA, should have negotiated a better deal that put the onus on Aecon to buy the insurance to mitigate for this risk, and not the Bermuda Gover nment, not the Bermuda taxpayer, not the people who are hurting right now. Mr. Speaker, that is what I want to drive home, that we have done our due diligence. We have looked at this. And the thing is that this is our gat eway. We do not have any other airport, Mr. Speaker. There are no other passenger air terminals on- Island. So this is why we are passionate about it. This is why not just the PLP Government, not just the PLP Members, not just the PLP supporters, but the country gets animated about this. The deal that the OBA Gover nment put us in has caused us to run the risk of having that air terminal and airport shut down if we did not pay $5,770,995.54, Mr. Speaker. And that is just this quarter.
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. Does the Honourable Member realise that he in inadvertently misleading the House he is failing to remember that at the hospital we had to pay a $40 million balloon payment, $2.5 million per month for …
Point of order?
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. Does the Honourable Member realise that he in inadvertently misleading the House he is failing to remember that at the hospital we had to pay a $40 million balloon payment, $2.5 million per month for 30 years? Which means that the quarterly payment from the hospital for the deal that they did was $7.5 million, per quarter.
The SpeakerThe SpeakerPoint taken, but you can add that to your presentation this evening. [Timer chimes]
The SpeakerThe SpeakerMember, your 20 minutes . . . That is 19 minutes on the clock, so you have one minute left.
Mr. W. Lawrence ScottI will just wrap up by saying that there is no MRG on the hospital, Mr. Speaker. There is an MRG on the air terminal which we have to pay, and that is thanks to the OBA. Thank you, very much, Mr. Speaker. 4664 24 July 2020 Official Hansard Report …
I will just wrap up by saying that there is no MRG on the hospital, Mr. Speaker. There is an MRG on the air terminal which we have to pay, and that is thanks to the OBA. Thank you, very much, Mr. Speaker.
4664 24 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerYou have the floor. The clock is ticking. You have your 20 minutes.
Lt. Col. Hon. David A. BurchI won’t need 20 minutes, Mr. Speaker. SOCIAL MEDIA CO MMENTS REGARDING DR. CARIKA WELDON
Lt. Col. Hon. David A. BurchFollowing my stat ement last week much has been said about all manner of things, but little on the matter I actually raised. I promised to return this week with an update. It will not be what many expect. Mr. Speaker, let me say at the outset that I fully …
Following my stat ement last week much has been said about all manner of things, but little on the matter I actually raised. I promised to return this week with an update. It will not be what many expect. Mr. Speaker, let me say at the outset that I fully agree with the comments this week from the head of the public service, Dr. Derrick Binns, with r egard to the work of the Ministry of Health public health response team for its work during the novel coronavirus pandemic. That, I might point out, I never challenged. In fact, they do not stand alone in deserving of praise. All of those who have been on the front line deserve our thanks and commendation. Mr. Speaker, on Wednesday last I received a copy of correspondence to the Premier from the Gen-eral Secretary of the BPSU commenting on my r emarks in the House last week. As one may apprec iate, long hours and late nights are the order of the day, and have been for months for the Premier and Minist ers. As such, the Premier and I have not had an opportunity to have any substantive discussion on this correspondence. I expect we will do so next week. I understand from today’s daily, as reported by a member of our staff, that the President of the BPSU has been trying to reach me. There is no record in my office of such an outreach. That notwithstand-ing, I have taken the invitation as genuine, and have emailed Mr. Thomas this morning to accept that invit ation and have suggested a meeting time for Monday. I am far more interested in reaching a resolution to this situation rather than [enabling the] public chatter . In accepting the president’s invitation I will have no fur-ther comment at this time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honoura ble Minister. I am not used to you being so short. But thank you for your comments.
The SpeakerThe SpeakerHonourable Member, you have the floor. The clock is on. AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Mr. Christopher FamousMr. Speaker, some years ago we heard the claim that the taxpayer will not pay for the new airport terminal . We knew then, as we painfully know now, that that claim was complete and utter hogwash. Is that parliamentary? On December the 2 nd, hundreds of Bermudians held their …
Mr. Speaker, some years ago we heard the claim that the taxpayer will not pay for the new airport terminal . We knew then, as we painfully know now, that that claim was complete and utter hogwash. Is that parliamentary? On December the 2 nd, hundreds of Bermudians held their ground outside of Parliament as they wanted to see the full details of this wretched deal with the blank, blank, blank. Hours later, men and women were beaten and pepper sprayed because the then OBA Government insisted on access to the House in order to pass that Bill. That day, December the 2 nd, 2016, was the worst day of our recent history . There is nothing, nothing, nothing that can compare to seeing police officers beating seniors and grown men. Fast forward to 2017 when the people of this country rightfully kicked out the OBA and put this Government in place. We promised in our platform that we would go through that deal. Nineteen binders later, we found out that the deal was so ironclad that it would cost the taxpayers over $100 million to break it. And as we heard earlier from the Minister of Finance and the Premier, one of our promises to the people was not to raise the debt ceiling. We would effectively have had to raise the debt ceiling in order to pay off Aecon to get them out of this Island. But we did not do it. Fast forward to March 2020 when we started to see airports around the world, airlines stop flying, airports closing down. It was glaringly and painfully obvious that the Grim Reaper was coming for us. We were about to get fleeced by this deal. Today, or this week, it was revealed that the first part —and I repeat, the first part only —of the fleecing has commenced. Five point seven million dollars and something som ething something ninety -five cents. Mr. Speaker, we are in the worst economic position that this country has ever been in. We have thousands of people unemployed through no fault of anyone, besides somebody in China who ate a bat. We have businesses shutting down. We have our people literally starving. Five point seven million dol-lars is going to people abroad outside of this Island because somebody in the OBA had the bright idea of giving away our airport to the Canadians. And it ha ppened under former Premier Dunkley who was the
Bermuda House of Assembly Premier when this deal was signed in April 2017. So today I asked him what did he have to say about Aecon getting this money. This is what he had to say. If the PLP had all of the answers, why did they not take out pandemic insurance when they looked at the deal three years ago? Probably because the deal did not allow for any variance. We could not do anything to that deal. It was signed, seal ed and delivered by the OBA. But what was more important, Mr. Speaker, was that he said not one word about why his Gover nment never insisted on that being in the original contract. He said not one word about the taxpayer not having to pay for this airport any more. All that energy they had for questions last week (I will not go into topics, but they know) has suddenly disappeared. They have no more questions. They do not want to ask any questions. They want to deflect from the obvious. The Honourable Member from constituency [23] (in her blue dress) tried to say why Minister Tyrrell didn’t do something. Minister Tyrrell has been on the job for seven days. This deal has been around for over three, four years. So I am going to leave this with the people of Bermuda, Mr. Speaker. Ask yourselves: What kind of Government looks out for Canadians more than Bermudians? Just ask yourselves that. I am going to move on, Mr. Speaker.
PLP ACCOMPLISHMENTS
Mr. Christopher FamousThirty -six months ago we became Government. Mr. Speaker, last week every MP of the PLP, including yourself, went to their constituents and took them a hamper of goods that they needed.
The SpeakerThe SpeakerI need to correct you; I stay neutral these days.
Mr. Christopher FamousWell, sorry. It must have been somebody in your branch that did it. Mr. Speaker, basic food items, sugar, honey, bread . . . nothing fabulous, but just the basics. And our people as they opened their doors . . . I was with Minister Hayward as we went to …
Well, sorry. It must have been somebody in your branch that did it. Mr. Speaker, basic food items, sugar, honey, bread . . . nothing fabulous, but just the basics. And our people as they opened their doors . . . I was with Minister Hayward as we went to one lady on Elliott Street. She opened her door and said, Oh, what’s this? We said, Well, we just want to bring you a token of appreciation for the three years of being Government and for your lifetime of support. The lady hugged up Minister Hayward and said, No one has ever done something like this for me. And this was repeated throughout the Island, Mr. Speaker. Mr. Speaker, over the last few months, MPs in St. George’s, led by Minister Renee Ming, MP Kim Swan and Minister Foggo; MPs in Warwick, particularly Minister Tyr rell and MP [W. Lawrence] Scott, have been delivering food. They set a fine example. So now MPs in Pembroke and Devonshire, particularly, Dep uty Premier Walter Roban, MP Michael Weeks, Minister Diallo Rabain, have been delivering lunch to the needy every S aturday and Sunday. And likewise, when the people open those doors they are so grat eful. They are grateful not necessarily for the food, because it is not as if they did not have food. But they are grateful for the fact that their MPs come to see them, the y come to bring them something, they come to have conversation with them. Mr. Speaker, that is just a microscope of what we did for the people during the pandemic. We took care of our people—the people of Bermuda. Not just Bermudians, but all residents ; those who were unemployed received $500 per week. I mentioned that to my uncle (who you met in Uganda), an MP in the BVI. He said, What? Five hundred dollars a week? Whoa! No other country in the world did that for the people. In America, stingy Trump ga ve a one- time payment of $1,200. A one- time payment for all of those people unemployed in America. In the Cayman Islands, the island everybody says we must be like, gave a one- time payment of $500 to their guest wor kers. Meanwhile, we in Bermuda have been paying Bermudians and guest workers who are legitimately unemployed $500 per week. You see, Mr. Speaker, that speaks to who we are as a people, who we are as a party, who we are as a Government. Mr. Speaker, we are not a legislation party. We are not a l iberal party. Contrary to some people’s belief we are not even a legalisation party. We are a labour party. So what does that mean, Mr. Speaker? You have been around long enough to know what a labour party means, but let me remind some people. That means w e take care of those who worked to build this Island, those who are 60, 70, 80 and 90 years old. This evening MP Tinee [Furbert] and I went to see a birthday party at City Hall for Mr. Brownlow Place. He is 104 years old! This man and his family did so much to educate the Black people of what is going on in this I sland. And this man, to this day, is strong PLP. These are the people who this party represents, Mr. Speaker. So not just those who worked to build this Island, but those who are still working to keep this Island going strong, whether they are Black, whether they are White, whether they are Bermudian, whether they are non-Bermudian, whether they are for St. George’s, and we even take care of Somerset people, Mr. Speaker. But here is the thing, Mr. Speaker, we have a long, long way to go to rebuild our economy. We have a longer way to get our people trained to take over certain jobs. As parliamentarians we can sit up here every week, every day if we really wanted, and pass legislation from now until St. George’s wins the Cup next year. But it is up to our people, specifically our Black people. Our Black people must seize every o p4666 24 July 2020 Official Hansard Report
Bermuda House of Assembly portunity that this Government is bringing forth through legislation. It makes absolutely no sense for us to break the stat us quo doing things differently if our people do not seize the opportunities. So in closing, Mr. Speaker, I want to address the people of Bermuda. Our Black people need to look to become business owners versus just employees. Our Black people need to become trades persons versus just customers. How many of our young men even know how to change a flat tyre now, Mr. Speaker? But yet, we have people imported from other places riding around in vans changing flat tyres and charging our people $200. Our Black people need to understand that tourists do not just come from Boston, New York or Connecticut. We have a mind- set that the only tourists we want are those from America, or some from England, or some from Canada. Meanwhile we have 40 million people in the Caribbean. Many of them have disposable income that we, collectively, are guilty of ignoring when it comes to inviting them here to come as tourists. I was so pleased to hear the newest Minister of Tourism, who happens to be the Premier, say, Hey, we are going to do things differently. Saying that we have sand and sun and pretty flowers is not enough. So I challenge the new Minister of Tourism to start marketing to our Caribbean people. Start engaging Caribbean Airlines, start engaging Intercaribbean air, that we need airlift to our country from our brothers and sisters in the Caribbean. We can no longer sit down and wait for people [we fished for] (as he said) in northeast America to come. Mr. Speaker, on July 18, 2017, the people of Devonshire East elected me. They did not elect a stranger. Most of them are either family, or people I grew up with. I come from a community which does not sugar -coat anything. As long as I am elected, and even if they vote me out, I will never sugar -coat an ything. It is all well and fine to blame White supremacy when and where needed, because it does exist. There is no denying that. It is all well and fine to blame corporate greed, because it does exist. There is no den ying that. But who is the one buying stuff from these big corporations? It is us as Blacks. So, at some point in time we have to hold ourselves accountable — accountable for when we do not open our own bus inesses. Don’t complain about what so -and-so is charging, because we could have opened up our own business and ch arged ourselves less. We are accountable when we don’t support Black businesses. How many Black businesses went out of business because Black people took their money and then gave it to White people? We are accountable for that. We are equally accountable when we do not learn the skills needed to keep our country going. The majority of people fixing cars in this country now are not from here. The majority of people doing m a-sonry work in this country are not from here. The m ajority of people doing landscapin g are not from here. Minister Hayward could stop every work permit tomorrow if he wanted. But if our people do not have those skills, and do not have that desire to work in those trades, we are then going to [have] problems. And we are just going to say, Bring in a charter from the Azores again; bring in a charter from Jamaica again. We have to hold our young people accountable for not learning those skills. Equally, Mr. Speaker, I heard the OBA talking about the war on obesity. We all have to hold ourselves accountable for what we eat when we eat too much salt and we eat too much sugar. We eat our-selves to death, Mr. Speaker. No one is forcing us to eat a Cadbury. So, Mr. Speaker, let me finish here. Next week, Thursday, we will be celebrating Emancipatio n Day. Next week Friday, we will be celebrating our first Mary Prince Day. Mary Prince fought for our freedom. She had the scars to show for it. Let me tell you what, Mr. Speaker. We are never going to have economic freedom as long as we do not set certain goals for ourselves and for each other. We will be right here next year complaining about what the grocery stores are charging. We are going to be right here complai ning about so many foreigners doing so much work and our people are unemployed. We cannot legislate our people to be accountable, Mr. Speaker. They have to do it themselves. We have to hold them accountable as they hold us accountable on Election Day. I am going to end here, Mr. Speaker. I thank you for your patience. I thank you for your guidance. But most of all, I thank you for some of the examples you do set. I will say to my fellow MPs that we are not coming up here just to tell people what they want; we have to lead by example. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable M ember. Does any other Honourable Member wish to speak? Hon. Michael J. Scott: Yes, Mr. Speaker. If Members from the Opposition are not indicating to speak, I will go.
The SpeakerThe SpeakerHonourable Member Scott. You have the floor. ATTACKS ON BLACK LEADERSHIP IN BERMUDA Hon. Michael J. Scott: Mr. Speaker, I am picking up on my remarks from my speech last week [when] I forgot to address the subject of case studies of attacks on Black leadership in this country under …
Honourable Member Scott. You have the floor.
ATTACKS ON BLACK LEADERSHIP IN BERMUDA
Hon. Michael J. Scott: Mr. Speaker, I am picking up on my remarks from my speech last week [when] I forgot to address the subject of case studies of attacks on Black leadership in this country under a st atus quo of a Bermuda where the emblem of Black Lives Matter that has been demonstrated in the United States leaves us with a fine roadmap to follow in adBermuda House of Assembly dressing this very issue of attacks on Black leadership in this country which systematically ––I was making the point last time––has been bot h historic, painful in the emblematic discussion just going off in the United States under the Black Lives Matter movement, [and it] needs to be addressed in our country. I have chosen a case study of three Black leaders in our history, Mr. Speaker. I hav e chosen a prominent attorney and my friend Julian Hall. I have chosen the case study of Reverend Vinton Monk, and I had particularly wanted to include in the case study what I thought was a comprehensive or conclusive list, I wanted to include Dr. Ewart B rown, because I wanted to talk about how he has been treated. Julian Hall and Reverend Vinton Monk, of course, are now dead. I had begun to serialise before the House in the case of an attack on his professionalism at the point when he was at the height of his pr ofessional career operating on Front Street as an attorney, and I was an associate in that firm, there was a police raid on his office where the police were looking for evidence, supposedly contained in a file called the “Elmhurst Productions” fil e. The police had hoped that within those files there would be shown the receipt and disbursement of funds for or on behalf of named drug traffickers through the vehicle or vehicles of a company or companies connected with that name “Elmhurst Productions.” Mr. Speaker, Mr. Hall’s files were searched, and in the file labelled “Elmhurst” no such details or evidence was found. So Mr. Hall sustained the first attack on his professional leadership as a prominent , able, first-class attorney in our country. That was an assault on him which, as I said, he escaped and lived to fight another day. But there followed a second attack. And that assault on Julian Hall, my first case study, involved activities in this very House where there was legisl ation passed under w hat was then the Bermuda Bar Amendment Act, which, in turn, simply made provision that a practicing barrister or attorney in this country who had become bankrupt could not apply for a practicing certificate. This legislation was passed in this House and it represented a death knell to Mr. Hall’s capacity to earn a living in his own country. The whole concept of bankruptcies , [compare it] with how we know that bankruptcies are handled in the White business world [where they] are given fancy names like “restructuring” or “reorganization. ” But in this country in a classic example of the destruction of Black leadership, [bankruptcy was used] to end Mr. Julian Hall’s ability to earn a living. Looking back in our history and continuing my case study examples, Mr. Speaker, Reverend Vinton Monk, in the early 20 th century of our history, was an African Methodist Episcopal preacher fighting for jus-tice for men and women in the parish of Sandys where I reside. He was advocating for the Black West Indian workers in this parish and it caused him to take on the Attorneys General s and the Chief Justices of that era. He did so merely by speaking out, and he was charged with criminal libel. Mr. Speaker, arrangements were made on behalf of Reverend Vinton Monk to have him repr esented in court. And his attorney (I believe it was a Queen’s Counsel) from the Car-ibbean died as a consequence . . . I believe the story is accurate, the Queen’s Counsel was poisoned. I have to remind myself, I know Honourable Members earlier in our per iod of Government honoured Reverend Vinton Monk, and I hope that my ev idence this evening is other than anecdotal that his attorney became undone by poisoning. So he, his cl ient, was not represented, and Reverend Vinton Monk was imprisoned for criminal libel in this country. A nother example of an attack on Black leadership, [leadership which] could stand up and protest and fight for justice. Mr. Speaker, Dr. Ewart Brown has been the subject of a different kind of attack on his person as a prominent former P remier, certainly a Black leader in this country. And it was astounding that we should see the level of energy, the length and hardiness of an investigation by the police services of this country into what has become a nearly eight -year investigation and a n over $6 million spend of taxpayer dollars in investigating Dr. Brown. What I am calling for is , and in the context of these three Black men’s lives that do matter , is an end, much like the ending we have seen (not reflec ting on the debate, Mr. Speaker) by the astounding and welcomed evidence of correcting injustices by the provisions of that trilogy of criminal justice laws that we have dealt with in the House today. Mr. Speaker, I cannot let my case studies go un-contrasted with cases of White leaders i n this country. Certainly, we have never seen in our history, raids on prominent White law firms, even though there have been examples and cases of conduct in White institutions that have attracted the attention of the United States and the United States r egulatory bodies looking into considerable irregularities in insurance. But let me turn to the example I want to cite and which is closer to home. And it involves the matter that has been prominently and publicly debated in this House, and certainly it wa s debated at the begi nning of our term, when a former Minister of Justice and Attorney General raised the case in another juri sdiction in the Boston district courts where a search was levelled at the Lahey Clinic, a prominent United States health care cent re, and in connection with this civil action brought within the context of the racketeering laws of the United States, the Attorney General of the day sought to use evidence obtained from criminal exchange, mutual legal assistance evidence in that civil ca se. The debate immediately raged and the then Leader of the Opposition, and now our Premier, the Honourable David Burt, with your permission, Mr. 4668 24 July 2020 Official Hansard Report
Bermuda House of Assembly Speaker, I take it from the Hansard of 13 March 2017, made the point that . . . to the Speaker he said: 2“Mr. Speaker, we ask ourselves what type of country do we live in when there is $426,000 to be spent on suing a reputable international hospital but we do not have the money to put Wi -Fi in our kid’s schools.” “Mr. Speaker, what type of country do we live in when we have a political Attorney General —not the DPP, Mr. Speaker, a political Attorney General —who has no criminal investigative powers whatsoever, would use information which has clearly been gleaned from a criminal investigation and put it in a civil suit prior to a criminal investigation being complete. It is a very, very dangerous line, Mr. Speaker, . . .” So said Opposition Leader, the Honourable David Burt. “So, we have to ask, What possible investigative power would the Honourable Attorney General have to have access to information that could only come from criminal investigators?” The Member asked. “Looking into people’s and disclosing infor-mation of people’s private bank accounts, Mr. Speaker, communications that were not on Government servers, between private parties . . . how on earth” (the question was asked) “does the Attorney General come across that type of information, Mr. Speaker, in a civil matter?” Mr. Speaker, you will recall that —
Hon. Michael H. Dunkley: Mr. Speaker, point of order.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. Mr. Speaker, the comments that the Honourable Member just made about where information was gained is pure conjecture on his part. He has no i nformation on where the information came from and the former …
The SpeakerThe SpeakerIn reference to what point was that b eing raised? Hon. Michael H. Dunkley: Where information was gained —my words, not the Honourable Member’s words —from private bank accounts. That is not correct. And I recall clearly the former Attorney General dealing with that and saying that that was not …
The SpeakerThe SpeakerI cannot remember the matter myself as in reference to what. I just ask the Member to be guided as he speaks to it. 2 Official Hansard Report , 13 March 2017, p. 1193 Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Hon. Michael J. Scott: Mr. Speaker, thank you. …
I cannot remember the matter myself as in reference to what. I just ask the Member to be guided as he speaks to it.
2 Official Hansard Report , 13 March 2017, p. 1193 Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
Hon. Michael J. Scott: Mr. Speaker, thank you. I am totally guided. Mr. Speaker, the information . . . sorry, the words I just offered are from Hansard. They reflect the statements of the then Opposition Leader. But to—
Hon. Michael H. Dunkley: Mr. Speaker, a point of order. The Honourable Member is correct, but you will recall —
The SpeakerThe SpeakerJust a minute, just a minute. What is your point of order? POINT OF ORDER Hon. Michael H. Dunkley: The Honourable Member is correct. They came from a statement by the Opposition Leader at the time, but the former Attorney General also clarified later in a statement his side to …
Just a minute, just a minute. What is your point of order?
POINT OF ORDER
Hon. Michael H. Dunkley: The Honourable Member is correct. They came from a statement by the Opposition Leader at the time, but the former Attorney General also clarified later in a statement his side to that story which the Honourable Member is not reflec ting on tonight.
Hon. Michael J. Scott: Mr. Speaker, I have no idea what the Honourable Member from constituency 10 is talking on, and if he has —
The SpeakerThe Speaker[INAUDIBLE] to see if I can recollect what was done. I just cannot remember so [INAUD IBLE] just be guided. Hon. Michael J. Scott: Mr. Speaker, do you recall ( I think you were sitting), you asked for the evidence in the form of an email from the Department of …
[INAUDIBLE] to see if I can recollect what was done. I just cannot remember so [INAUD IBLE] just be guided. Hon. Michael J. Scott: Mr. Speaker, do you recall ( I think you were sitting), you asked for the evidence in the form of an email from the Department of Justice? I remember this well, and I hope that this prompts your memory. Because that was part of this controversy, Mr. Speaker, that the US Department of Justice expressed alarm that MLAT [Mutual Legal Assistance Treaty] evidence was finding its way into a civil pr oceeding utterly contrary to the MLAT that we have, that no criminal evidence obtained or exchange of information under MLAT can be deployed in civil suits. As I recall, then Opposition Leader David Burt tabled, at your request, the email. But I g o on, Mr. Speaker. I am making the case about how a different case study obtains in our country in the context of Black Lives Matter and the attack on Black leadership, and we have serialised in this very House the well -known case presided over by Judge Talwani in the [District Court of Massachusetts] who, after all of this energy and the millions spent by the OBA Government on this civil suit, dismissed this effort against the Lahey Clinic finding that the pleading as filed by the deployed attorneys by the then Attor-ney General as not disclosing sufficient factual matters, accepted as true, or to state a claim for the relief that is either plausible or credible on its face. So that is how that case ended.
Bermuda House of Assembly Hon. Jeanne J. Atherden: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWhat is your point of order? [No audible reply]
The SpeakerThe SpeakerWhat is your point of order, Honourable Member? [No audible reply]
The SpeakerThe SpeakerHonourable Member? Hon. Jeanne J. Atherden: Can you hear me?
The SpeakerThe SpeakerYes. POINT OF ORDER Hon. Jeanne J. Atherden: Okay. The judge also indicated that in addition to what the Honourable Member has said, what she found was that it was in the wrong place. She did not say that she did not find that there was any merit, but it …
Yes.
POINT OF ORDER Hon. Jeanne J. Atherden: Okay. The judge also indicated that in addition to what the Honourable Member has said, what she found was that it was in the wrong place. She did not say that she did not find that there was any merit, but it was in the wrong place where it was being brought.
Hon. Michael J. Scott: That makes no sense at all , legally , and it certainly makes no sense factually . I have read from the district judge’s ruling; I have ex-tracted the words. And it goes direct to merit, may I say, Mr. Speaker, the pleading did not disclose suff icient factual matter s accepted as t rue, or to state a claim to the relief sought by the civil suit by the then Attorney General. I make the case study of that particular white leadership to contrast it with how Mr. Hall, Reverend Monk, and Dr. Ewart Brown are being treated. Mr. Speaker, a concern that I am having is that we don’t lose sight of those [INAUDIBLE] called Black Lives do Matter —
[Timer chimes]
The SpeakerThe SpeakerMember, t hat is the timer. You have less than one minute now. Hon. Michael J. Scott: Thank you, Mr. Speaker. The time s eems to rush. Mr. Speaker, I call, in terms of lives of Black Bermudians in this country actually matter, that the investigation spend on Dr. Brown …
Member, t hat is the timer. You have less than one minute now.
Hon. Michael J. Scott: Thank you, Mr. Speaker. The time s eems to rush. Mr. Speaker, I call, in terms of lives of Black Bermudians in this country actually matter, that the investigation spend on Dr. Brown be defunded finally so that there is a recognition of fairness and justice in our country. Thank you, Mr. S peaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Hon. E. David Burt: Mr. Speaker, I will defer to MP Commissiong.
Mr. Rolfe CommissiongThank you, Mr. Speaker. You are so kind. Mr. Speaker, we are heading into t he Cup Match season, but there will be no cricket match as all of us have been habituated to expect. I grew up in Spanish Point in Key West. Key West, St. George’s supporters, great …
Thank you, Mr. Speaker. You are so kind. Mr. Speaker, we are heading into t he Cup Match season, but there will be no cricket match as all of us have been habituated to expect. I grew up in Spanish Point in Key West. Key West, St. George’s supporters, great legendary “Bummy” Symonds was three houses away from me. That is where I w as born out near Admiralty House. I ran around his house, played with his children. And, you know, the Key West guys had their soul down at Cup Match, especially when they were down St. George’s. “Bosun” Swainson was next door, the first player ever to s core a century in Cup Match that was Aunt Sybil’s daddy. He was a very taciturn guy. He would go around the house, or in a barn, and look at his bat, the same bat where he scored that century, and look at those pads. Bosun Swainson used to take myself and Blaine, my closest and dearest friend, Robinson, his grandson. He would take us down North Shore in that convertible, yes, that beige Morris convertible, I guess, to school , Northlands, West Pembroke. Cup Match has been with us for over 100 years. It is j ust a little older than Mr. Place, my hero. And it has been through two world wars, or what I call the two European civil wars —I guess, because that was what it was really about, the rivalries to dominate the world and oppress persons of colour. The Germans, the Anglo- Saxons , had cousins in the UK. And before that the rivalry between the French and the British in the 1700s, which culminated in the British becoming the dominant power globally , the ticket to world domination was their mastery of maritime power and being able to project that globally. So, Cup Match survived two world wars, an earlier pandemic, the Great Depression . . . I reme mber Reggie Burrows (whom you know, Mr. Speaker) telling us Rolfe, man, Bermuda was poor when I was growing up. You kn ow, two siblings sharing a warm blanket probably one that was second- hand from the British military establishment of the 1930s. We were 4670 24 July 2020 Official Hansard Report
Bermuda House of Assembly poor, Reggie said. But Cup Match survived all of that, and more, the turmoil of the 1960s, and was uninterrupted from 1903 onwards. This is how serious this pandemic has been; that it even interrupted Cup Match. Unbelievable, as my mother would say. Unbelievable, Rolfe. Unbelievable. But here we are. You know, Mr. Speaker, this might give us opportunity to (what is the t erm?) inject, to affirm the reason for the season. Because, as I understand it . . . and, you know, I am just an amateur historian myself, that really, what we call a Cup Match, bega n as a gathering of families. There is a picnic where games are played, but game is not the . . . you know, the games in this tournament overall . . . overall get t ogether of families and clans and tribes. That is how it starts. The games, whether it was checkers (or if they existed then, I guess it did) or cricket, this new gam e that we are s eeing the British soldiers play . . . that was not the reason for the season. No, no, no. We knew that it was a direct link to the emancipation, to the abolition—I do not want my Cleveland Club Cou nty brother Derek Burgess getting irritated with me and add Reverend Tweed— using the term “emancipation” instead of “abolition.” That is what i t was about. So, this time affords us the opportunity to r econnect at a very intri nsic level as to what Cup Match . . . even though I am still using that t erm, does not even sound right now . Right , you know ? And so it goes from being just an informal gathering of families and tribes, I guess a lot of courting took place, young men in their late teens, early 1920s, and young women, nubile and . . . you know, courting is going on between second and third cousins, perhaps. I mean, hey, this is Bermuda. So, anyway, I hope that it is that part of Cup Match that we reconnect to. Okay? I am happy about the fact that we have the inaugural Mary Prince Day and I am not going to shy away from saying that I am happy that the Government took my recommendation on. After all, after my g ood friend (and maybe my cousin, I am not sure about that) Chris Famous had created that vacancy, the light bulb went off in my head. Hey, let us put Mary Prince in that vacancy that was formerly held by Sir George Somers . Anyway, that is Cup Match.
RAISING THE DEBT CEILING
Mr. Rolfe CommissiongNext, we move on to the airport. Mr. Speaker, an economist will tel l you there is a term call ed “moral hazard.” Moral hazard occurs when lenders exercise bad judgment in providing credit to persons who are seeking to borrow. Well, Cousin Bob Richards and the OBA fell prey …
Next, we move on to the airport. Mr. Speaker, an economist will tel l you there is a term call ed “moral hazard.” Moral hazard occurs when lenders exercise bad judgment in providing credit to persons who are seeking to borrow. Well, Cousin Bob Richards and the OBA fell prey to moral hazard, and it has put us all on the hook. That is what they did in an effort to secure victory of what they anticipated would have been the next election. See, those savvy Canadians knew this. They knew what the motivation, what the . . . hmmm, what is the term?, . . . distinct vulnerabilities were of who they were n egotiating with , and they exploited it to the hilt —that being an OBA Government which was desperate to get re- elected. Now, no one knew there was a pandemic on the horizon. There were about five people, maybe 20, in the whole world who knew that was an exist ential threat just waiting to happen. Okay? But this has magnified the error they made. I am not going to bel abour the point. The reality is that the country as a whole now has to pay for that and there is no other way around it. I believe, as a said the other day, that to indulge in false optimism around these issues, around this existential crisis, amounts to political malpractice. Certainly, we had malpractice happening with the OBA and Mr. Bob Richards in regard to the negotiation of this deal. Again, I am not going to bel abour that point. But it is what it is. We are going over that $3 billion threshold and the numbers simply do not add up. Can they add up without us imploring our fellow Bermudians of great wealth to share in this sacr ifice? Can they add up without imploring those companies that are still highly profitable, both in IB and in the local corporate world to pay a little more? I do not think so, myself. I do not think so. I do not think those numbers are going to add up. I think that if we . . . and we have no other choice. We are going to have to make significant borrowing, and I wish the Finance Minister well in his negotiations with the masters of the universe in New York and in western Europe or wherever, but I do not think those numbers are going to add up without doing that. Surely, we are looking to see an investment in foreign capital in Bermuda. But that is like par for the course. We always are looking for that. The problem has been that we have been seeing a growth in the finance sector of Bermuda, which includes IB. That is not necessarily the type of growth that is going to pr ovide jobs for Mr. and Mrs. Black Bermuda without a college education.
SYSTEMIC RACISM IN BERMUDA
Mr. Rolfe CommissiongAnyway, moving on. So, finally, racial disparity and gender disparity. I reme mber having a conversation with a well -known master of the universe in one of our major reinsurance companies. This individual said, Rolfe (we had lunch toget her), he said, Rolfe, the bottom line is that Blacks are …
Anyway, moving on. So, finally, racial disparity and gender disparity. I reme mber having a conversation with a well -known master of the universe in one of our major reinsurance companies. This individual said, Rolfe (we had lunch toget her), he said, Rolfe, the bottom line is that Blacks are underrepresented in IB , but there is a dirty little secret that I still do not talk about . I said, Well, what is that? And he said, Rolfe, it is even worse when you talk about Black men in IB . You see, for every four or five Kim Wilkersons, who I love— great lawyer, Black wom an, has done well —he basically was saying there is only one
Bermuda House of Assembly Patrick Tannock. And then he talked about . . . and go back to what I talked about earlier today about the report from that brilliant journalist Ceola Wilson, circa 1978 or 1979. Oh, man. What a sight to behold. What a sight to hear her dissect these stories and transmit it to Bermuda. But that is where we are at right now. You know, my view is that if you want to have a healthy economy, let’s deal with this issue of sy stemic bias, systemic racism, because without mitigating the impact of high levels of income inequality it is only going to continue to exacerbate racial disparities in Bermuda. We all know . . . and this is for those who believe in economists who are on the m ore progressive side of the ledger. When you have a more . . . and I have heard the Premier , to his credit , say this (I would like to think that he just follow ed my lead for once, wink, wink, but I have heard the Premier say this, too) , that when you have an economy that is more inclusive, more diverse, you have a healthier economy; a more dynamic economy. That is what Bermuda needs now because the old model of the last 50 years has come to an end. So, if we are si ncere and committed to re- engineering Bermu da’s economy and creating a better Bermuda, then that has to be high on the agenda not as an afterthought, but high and foremost on our agenda. I also want to wish all of Bermuda a happy holiday. Thank you, Mr. Speaker .
Hon. Michael H. Dunkley: Mr. Speaker, I would like to speak.
The SpeakerThe SpeakerThank you, Honourable Member . Yes, Honourable Member , you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker .
The SpeakerThe SpeakerYes. LAHEY CLINIC LAWSUIT DISMISSED BY US COURT —EMAILS Hon. Michael H. Dun kley: Mr. Speaker, on the m otion to adjourn tonight I would like to address two things. The first thing, comments made by the Member from constituency 36 who I believe spoke two speakers prior to me …
Yes.
LAHEY CLINIC LAWSUIT DISMISSED BY US COURT —EMAILS
Hon. Michael H. Dun kley: Mr. Speaker, on the m otion to adjourn tonight I would like to address two things. The first thing, comments made by the Member from constituency 36 who I believe spoke two speakers prior to me in comments that he made in relation to the subject of the legal action against Dr. Brown, the former Premier, and the Lahey action that was taken by the OBA Government . The Honourable Member at the time when he spoke recounted what the Premier said back in I believe it was 3March of 2018. I have researched t he Hansard from that time , and here is what the Premier
3 Official Hansard Report 9 March 2018, page 1639 (Speaker’s Ruling at page 1641) said at the time in relation to the Department of Jus-tice. “Well, the fact of the matter is that there was a complaint by the US Department of Justice which was sent to the [OBA] Government that the information . . . was used in their civil case came through a mutual legal assistance treaty request. And that information should not have been used in a civil case.” The Premier went on to say, and these are quotes again, “[These] are the facts, Mr. Speaker.” Now, Mr. Speaker, in researching the Hansard, I spoke a few sessions later, I believe I spoke in 4June of 2018, because the Premier spoke in March and I believe at the time we went down after the Budget Debate. I spoke when we reconvened in the summer session, and I recounted what the Premier said. And, Mr. Speaker, what I also said at the time what the Premier did not tell the House or the people of Bermuda, [which] was that within a very short per iod of time, 24 hours I believe, there were other email exchanges that cleared the matter up to the satisfaction of the DoJ [Department of Justice]. Mr. Speaker, in fact what happened within 24 hours of receiving the original email from the DoJ in Chambers, Chambers —
Hon. E. David Burt: Point of order, Mr . Speaker .
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading] Hon. E. David Burt: I think the Honourable former Premier is misleading the House inadvertently. And I say it only because, Mr. Speaker, he is clearly speaking to emails that he had plenty of access to, but we have not …
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Mr. Speaker —
The SpeakerThe SpeakerJust be mindful of the information if it is not public knowledge. Hon. Michael H. Dunkley: I am being mindful of that, Mr. Speaker, but because it came up in the House and the Premier . . . and I did, Mr. Speaker . What I am saying now is …
Just be mindful of the information if it is not public knowledge. Hon. Michael H. Dunkley: I am being mindful of that, Mr. Speaker, but because it came up in the House and the Premier . . . and I did, Mr. Speaker . What I am saying now is pretty much verbatim what I said in June of 2018, and you were in the Chair at that time, Mr. Speaker . And why I am relating this informat ion is—
Hon. E. David Burt: Mr. Speaker —
4 Official Hansard Report 15 June 2018, page 2449 4672 24 July 2020 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: —the current Premier made a strong allegation, Mr. Speaker, which needs to be —
Hon. E. David Burt: Point of order, Mr. Speaker .
Hon. Michael H. Dunkley: —cleared up.
The SpeakerThe SpeakerYou hav e a point of order? POINT OF ORDER [Imputing improper motives] Hon. E. David Burt: Mr. Speaker, the Honourable Member is imputing improper motive. Inside of his statement he said what the former Premier . . . or, sorry, what the Premier did not disclose . And I …
You hav e a point of order?
POINT OF ORDER [Imputing improper motives]
Hon. E. David Burt: Mr. Speaker, the Honourable Member is imputing improper motive. Inside of his statement he said what the former Premier . . . or, sorry, what the Premier did not disclose . And I cannot disclose information of which I have not seen. It is clear that the former Premier has access to a lot of emails , and maybe he had that from the former Attorney General. We only had . . . I had what I had, and I presented the information, Mr . Speaker . And so I am saying that he is imputing i mproper motive to say that I was withholding infor-mation.
Hon. Michael H. Dunkley: Okay, Mr. Speaker, I—
Hon. Jeanne J. Atherden: Point of clarification, Mr. Speaker . Hon. Michael H. Dunkley: Mr. Speaker, I will accept that point. But I will continue on. Hon. Jeanne J. Atherden: Point of clarification, Mr. Speaker .
The SpeakerThe SpeakerSomebody has called for a point of clarification? Hon. Jeanne J. Atherden: Point of clarification, Mr. Speaker .
The SpeakerThe SpeakerYes? Hon. Jeanne J. Atherden: This is MP Atherden.
The SpeakerThe SpeakerYes. POINT OF CLARIFICATION Hon. Jeanne J. Atherden: At the time I was the O pposition Leader and, Mr. Speaker, you were trying to recollect, but I will help you recollect. My Member who was the former Attorney General cleared that matter up with you in terms of whether that …
Yes.
POINT OF CLARIFICATION
Hon. Jeanne J. Atherden: At the time I was the O pposition Leader and, Mr. Speaker, you were trying to recollect, but I will help you recollect. My Member who was the former Attorney General cleared that matter up with you in terms of whether that matter had been sorted out with the Jus-tice Department. That was cleared up to your satisfaction. Hon. Michael H. Dunkley: Mr. Speaker, I am thankful for—
The SpeakerThe SpeakerYes? Hon. Michael H. Dunkley: —that interjection by my honourable colleague. Mr. Speaker, as I was saying, I am not trying to cast any aspersions on anyone. I am just trying to give the information out there. The Premier did have an email which he alluded to. As I was …
Yes?
Hon. Michael H. Dunkley: —that interjection by my honourable colleague. Mr. Speaker, as I was saying, I am not trying to cast any aspersions on anyone. I am just trying to give the information out there. The Premier did have an email which he alluded to. As I was the Premier at the time I was privy to the information from Chambers, and I will make it clear now that the Chambers did reply to the Department of Justice, gave some more information and the Department of Justice replied back that all was in order. Mr. Speaker, those are the facts. So, if the Premier wants to use an email which he was privy to . . . and I am not sure where the email came from, Mr. Speaker, or how the Premier received it if he was not privy to the other emails. All I am saying is I cleared this up. It is on the record already in the Hansard from June of 2018, I believe, and so that is the balance of the story. The OBA through the Attorney General never used any information that was inappropriately gained in any way, M r. Speaker .
AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Hon. Michael H. Dunkley: Now, the second point that I would like to deal with is in regard to the airport. Now, Mr. Speaker, I do not expect the PLP to agree or support the airport deal at all in any way, Mr. Speaker . They did not from the beginning, and I do not expect that they will support it in any way now. The fact of the matter is, Mr. Speaker, that the deal that the OBA signed was reviewed by independent people who have expertise in thes e types of arrangements and they said that it was a fair deal at the time, Mr. Speaker . Now, Mr. Speaker —
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Misleading]
Mr. W. Lawrence ScottThe Honourabl e Member is misleading the House. Bennett Jones was the legal advisor at the time and has a direct connection with Aecon. Hon. Michael H. Dunkley: Mr. Speaker, that point of order has nothing to do with what I am saying. Mr. Speaker, the Honourable Member can go …
The Honourabl e Member is misleading the House. Bennett Jones was the legal advisor at the time and has a direct connection with Aecon.
Hon. Michael H. Dunkley: Mr. Speaker, that point of order has nothing to do with what I am saying. Mr. Speaker, the Honourable Member can go back and
Bermuda House of Assembly read reports that were given—especially one given by the Blue Ribbon Panel which outlined some information. So, Mr. Speaker, I will carry on. It is clear that both the PLP Government and the OBA Government wanted to build a new airport because it was needed. An assessment had been done to the current facility and it was proven by the assessment that to renovate it or fix it up would have cost a significant amount of money and it would not be worth doing. So, plans were developed under the former PLP Government , Mr. Speaker, to build a new facility, and at the time it was estimated to cost $500 million. Now, Mr. Speaker, a lot of the work that was done for those plans —the location of the airport, rai sing the ground to allow it to be safer during storm surges and hurricane season— was done under the PLP already. And the OBA accepted some of that work and moved forward from there. So, we both agreed that a new airport would have to be built. What we did not agree with, Mr. Speaker, was the wa y we were going to do it. The PLP in a $500 million est imate . . . now if they had carved it down in any way, one would never know, or if the price of it escalated one would never know. But, Mr. Speaker, just reflect for a moment if the PLP had gone out to borrow $500 million to build an airport. What would have happened at that time to our debt ceiling with another $500 mi llion being borrowed, Mr. Speaker ?
Mr. Christopher FamousPoint of order, Mr. Speaker. Hon. Michael H. Dunkley: What would happen at that time, Mr. Speaker —
The SpeakerThe SpeakerWhat is your point of order, Member? POINT OF ORDER
Mr. Christopher FamousMr. Speaker, the OBA continued this narrative that we were going to spend $500 million solely on a ter minal, but it also included work to the Causeway, which the OBA and Aecon have not done. So, let us be honest in what we are saying, sir. Thank you. Hon. …
Mr. Speaker, the OBA continued this narrative that we were going to spend $500 million solely on a ter minal, but it also included work to the Causeway, which the OBA and Aecon have not done. So, let us be honest in what we are saying, sir. Thank you. Hon. Michael H. Dunkley: Mr. Speaker, that is the Honourable Member ’s opinion and he could have raised that when he spoke. But, Mr. Speaker, I will continue on where I was. So, what would happen, Mr. Speaker, borro wing a large sum of money to the current debt challenges that we already have? It would have made our daily payments even more exorbitant than the y already are, Mr. Speaker . Now, carrying this further, what would have happened during the pandemic if the Government of the day was paying out for an airport —whether it is $250 million, $300 million, $500 million— what would have happened, Mr. Speaker, during the pandemic with the airport closed, one, and no traffic coming in; and then with the airport opening to minimal traffic and then with traffic slowly growing? Revenue from the airport, Mr. Speaker, would have been stopped during the lockdown. Revenue from the airport, Mr. Speaker, would be at a trickle compared to normal after when we rebuild. But one thing for certain, Mr. Speaker, payments would have to be made on that money whether it was $250, $300 million, $350 million —
Hon. Zane J. S. De Silv a: Point of order, Mr. Speaker. Hon. Michael H. Dunkley: —or $500 million, Mr. Speaker . Payments would have had to have been made on that. And you cannot get away from that fact,
Mr. Speaker .
Hon. Zane J. S. De SilvaPoint of order, Mr. Speaker. The Sp eaker: New point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House. Mr. Speaker, he is talking about pure speculation. If we would have built a hotel [sic] 10, 12 years ago . …
Point of order, Mr. Speaker.
The Sp eaker: New point of order?
POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House. Mr. Speaker, he is talking about pure speculation. If we would have built a hotel [sic] 10, 12 years ago . . . it is pure spec ulation! You cannot make that kind of comparable. Not at all, Mr. Speaker . It is disingenuous at best and the Honour able Member knows that. Stop it.
The SpeakerThe SpeakerThank you. Thank you. Hon. Michael H. Dunkley: Mr. Speaker, for the Honourab le—
The SpeakerThe SpeakerBe guided on what is factual and what is not in your comments. Hon. Michael H. Dunkley: I am being guided by you, Mr. Speaker . I am giving you my view and my opinion. Mr. Speaker, speculation . . . I am not talking about a “ hotel ” …
Be guided on what is factual and what is not in your comments. Hon. Michael H. Dunkley: I am being guided by you, Mr. Speaker . I am giving you my view and my opinion. Mr. Speaker, speculation . . . I am not talking about a “ hotel ” as the Member refer red to; I am talking about an airport. It was clear that the former Gover nment — Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
4674 24 July 2020 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: —planned to build an ai rport, Mr. Speaker .
Hon. Zane J. S. De Silva: Point of order. The Spe aker: Point of order?
POINT OF ORDER
Hon. Zane J. S. De Silva: Mr. Speaker, I did not refer to a hotel. I was referring to the airport. In fact, the Honourable Member is going way out in left field b ecause he talks about plans and the levels in which the place was going to be . . . the airport was going to be built. There were no such plans. I saw all the specs that were for that airport . And I can tell you, Mr. Speaker, there were no such plans ever drawn.
Hon. Michael H. Dunkley: Mr. Speaker, the Hansard will show that the Member referred to a “ hotel. ” I heard it clearly. But I will not get down in the weeds with the Honourable Member . I will continue on. So, Mr. Speaker, if you were going to build an airport and you were not going to finance it the wa y we financed it, how would it be financed? You would borrow money. You would still have to pay back —
Mr. Christopher FamousPoint of order, Mr. Speaker. Hon. Michael H. Dunkley: —the loan as you moved through—
The SpeakerThe SpeakerPoint of order? What is your point of order? POINT OF ORDER
Mr. Christopher FamousWe had to borrow money to cover up for Morgan’s Point. We had to borrow money to cover up for Cross Island. That money could have very well bee n used for that airport. Hon. Michael H. Dunkley: Mr. Speaker —
Mr. W. Lawrence ScottI have a point of information— Hon. Michael H. Dunkley: That is not a point of order, Mr. Speaker . [Crosstalk] Hon. Michael H. Dunkley: No point of information,
Mr. Speaker .
The SpeakerThere is another voice coming through. I cannot . . . is someone else trying to make a point of order? No? Continue on, Member. Hon. Michael H. Dunkley: Yes, Mr. Speaker . How much time do I have left?
The SpeakerThe SpeakerJust about six minutes. Hon. Michael H. Dunkley: Okay, thank you, Mr. Speaker . So, Mr. Speaker, the airport agreement was sound. Nobody could have predicted a pandemic. And, Mr. Speaker, every one has —
Mr. Hubert (Kim) E. SwanPoint of order, Mr. Speaker . Hon. Michael H. Dunkley: —hindsight is 20/20 wi sdom, Mr. Speaker . Anyone can have that hindsight 20/20 wisdom, Mr. Speaker. But that means nothing. That just means you reflect —
The SpeakerThe SpeakerAnother point of order? What is your point of order? POINT OF ORDER [Misleading]
Mr. Hubert (Kim) E. SwanYes, because the Ho nourable Member is misleading the House. The Honourable Member is misleading the House. He is assuming that the PLP would not have gone out to tender. The OBA did not go out to tender so the price that they put us in debt for was an …
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Mr. Speaker, the Honourable Member can say that when he has a chance to speak. We negotiated with Aecon on the amount, Mr. Speaker . Let us get that clear. And if the current PLP Government wants to explain how they would have built …
Thank you.
Hon. Michael H. Dunkley: Mr. Speaker, the Honourable Member can say that when he has a chance to speak. We negotiated with Aecon on the amount, Mr. Speaker . Let us get that clear. And if the current PLP Government wants to explain how they would have built the airport back when they were the former Government before, I would like to hear it because all they have done is criticise our plan without any approach of how they play it, Mr. Speaker .
Bermuda House of Assembly Mr. W. Lawrence Scott: Point of information. I have an actual point of information. I can provide that outline—
Hon. Michael H. Dunkley: No point of information, Mr. Speaker, because the time is running out.
[Inaudible interjection]
Hon. Michael H. Dunkley: Mr. Speaker, people who looked at the facility and Bermudians who see the f acility re alise that an excellent facility is being built. Furthermore, Mr. Speaker, it is pretty much on time other than the pandemic has slowed it down because work had to stop. Mr. Speaker, it is on budget because of the terms of the agreement. Now, Mr. Speaker, another reason why it was done this way is because Bermuda has a bad history, we have a poor history of large capital projects that have gone over budget and over time. Now, Mr. Speaker, we have referred to them incessantly in this House— the senior school at Berk eley, the Dame Lois Browne[ -Evans] Building, the cruise ship pier. We can go on and on and on, Mr. Speaker . They had millions and millions of dollars of overages. In this case, it will not happen. But Mr. Speaker, I am sure that the current Government will try to use this as a ploy to show, in their view, and to try to tell people that the OBA was bad and did not care about the people we serve. That is errant nonsense. There is another side of the story. We put a lot of work into this deal —
Hon. D errick V. Burgess, Sr.: Point of order, Mr. Speaker .
Hon. Michael H. Dunkley: We believe in this deal, Mr. Speaker .
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker . Hon. Michael H. Dunkley: And when the facility is finished, Mr. Speaker —
The SpeakerThe SpeakerWe will take your point of order — Hon. Michael H. Dunkley: Mr. Speaker, I am almost finished.
The SpeakerThe SpeakerWe will take your point of order. We will take your point of order. POINT OF ORDER Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Honourable Member is basing his comments on all spec ulation. And he points out expenditure on capital pr ojects only of the PLP. He did …
We will take your point of order. We will take your point of order.
POINT OF ORDER Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the Honourable Member is basing his comments on all spec ulation. And he points out expenditure on capital pr ojects only of the PLP. He did not mention the airport. He did not mention the Tynes Bay incinerator. He did not mention the Casemates Prison at Westgate. Are they not over expenditures? And their over expenditure was substantially more than the PLP Gover nment .
The SpeakerThe SpeakerThank you, M ember. Hon. Michael H. Dunkley: Mr. Speaker, I am happy to do the exercise and add them up, but I think the Honourable Member is wrong again, because just perhaps in the senior school at Berkeley, that over expenditure adds up to all of the other ones …
Thank you, M ember.
Hon. Michael H. Dunkley: Mr. Speaker, I am happy to do the exercise and add them up, but I think the Honourable Member is wrong again, because just perhaps in the senior school at Berkeley, that over expenditure adds up to all of the other ones —
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker . Hon. Michael H. Dunkley: —we talked about by the former Government , Mr. Speaker .
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker .
The SpeakerThe SpeakerI think the point that needed to be noted is that history will prove that there have been overspendings by former Governments —not any single Government, but Government s. And to try and throw stones back and forth as if one government did and one did not, I think we …
I think the point that needed to be noted is that history will prove that there have been overspendings by former Governments —not any single Government, but Government s. And to try and throw stones back and forth as if one government did and one did not, I think we should be mindful that we can go back in history and point out overruns that were done prior to this Government , the previous Gover nment and on.
Hon. Michae l H. Dunkley: Mr. Speaker, I agree with you 100 per cent and I believe that my remarks acknowledge that when I went there, that our history of capital projects, public capital projects, has been poor. Right? So, Mr. Speaker, we chose this direction. U nfortunately, the Opposition was vehement in their pr otest. But, Mr. Speaker, the end product will speak for itself and the people of Bermuda, in time, will be able to use the facility and Bermuda will get generations of good service out of the investment in that project, Mr. Speaker . So I am appreciative of the opportunity to give another side of the story here tonight and know that in spite of what I say, the Government will continue with their approach and we will continue to come back and give the other s ide of the story every time it is r equired.
CUP MATCH
Hon. Michael H. Dunkley: Mr. Speaker, as I close, I want to wish you and colleagues and the people of Bermuda a happy Cup Match. We will celebrate it in a different fashion this year because we will not be able to be around the grounds of the wonderful Somerset 4676 24 July 2020 Official Hansard Report
Bermuda House of Assembly Cricket Club. But we will still be able to reflect on our history, reflect on the progress that we have made, reflect on some of the real challenges we have had and some of the scars that still have to be healed. I hope that all Bermudians enjoy Cup Match no matter what team they support. The best thing that we can do over the coming weeks is to be proud to be Bermudian and to stay healthy during this holiday season. Thank you, Mr. Speaker .
The SpeakerThe SpeakerDoes any other Member wish to speak? Hon. Zane J. S. De Silva: Yes, Mr. Speaker .
The SpeakerThe SpeakerYes, Honourable Member , go ahead. AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I am going to start right where we left off . And it is almost laughable, Mr. Speaker . It is really almost laughable when …
Yes, Honourable Member , go ahead.
AIRPORT PROJECT AGREEMENT AND REGULATED REVENUES
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I am going to start right where we left off . And it is almost laughable, Mr. Speaker . It is really almost laughable when you hear the Honourable Member Dunkley and some of his colleagues try to defend the airport deal. It was interesting to hear MP Dunkley just say that this project will not go over like many other Government projects. It is very interesting. Of course, it is not going to go over, Mr. Speaker . It is impossible to go over. It is a deal that, quite frankly, if anyone . . . and I would like to say that I know a little bit about development, Mr. Speaker . Can you hear me, Mr. Speaker ?
The SpeakerThe SpeakerYes, I hear you. Hon. Zane J. S. De Silva: I would like to think I know a little bit about development and construction. Mr. Speaker, if I could do a deal where —
The SpeakerThe SpeakerWe lost sight of you, but I hear you. Hon. Zane J. S. De Silva: Okay, yes, I got it . . . how is that, Mr. Speaker ? Is it there?
The SpeakerThe SpeakerNo, keep talking and maybe we will get it back up. Hon. Zane J. S. De Silva: Okay.
The SpeakerThe SpeakerGet the video up. Hon. Zane J. S. De Silva: All right. This deal, Mr. Speaker, it will not go over. First of all, it is impossible to go over because . . . and I will give you all the d etails in a moment. But the very first …
Get the video up. Hon. Zane J. S. De Silva: All right. This deal, Mr. Speaker, it will not go over. First of all, it is impossible to go over because . . . and I will give you all the d etails in a moment. But the very first thing, Mr. Speaker, it did not go out to tender. It was just given to Aecon. They did not go out to the marketplace and they keep throwing this reference to the hospital. It is chalk and cheese, Mr. Speaker . The hospital went out to tender and it was an individual, an indi vidual company that ever yone, all governments in our history have used, they were the ones that oversaw the tender and the pr ocurement of the hospital. It is chalk and cheese. Now, let us talk about going over for a minute, Mr. Speaker . We found out just today, this week, that we have $5.7 million that will be paid to these people. They have an electricity bill that they can leave the lights on 24/7 because they do not have to pay it. That will cost over $1 million a year to the taxpayer of this country, Mr. Speaker . And let us not forget everyone thinks that we are going to get the old airport back when we move over to the new one. Let us remind all Bermudians that that belongs to Aecon, too—and Skyport for 35 years, Mr. Speaker . And let us talk about the airport fees. If you will recall in the agreement, the master agreement, Mr. Speaker, they can raise the airport fees a minimum —a minimum —of 2 per cent per year for 30 years, Mr. Speaker . Every year! And that cheque that we are going to have to pay out because of the force majeure and this pandemic, Mr. Speaker, is only the tip of the iceberg. If our numbers do not improve si gnificantly over the next couple of months, Mr. Speaker, we could be looking at five, six, seven times that number, i.e., up to $20 [million], $30 million, Mr. Speaker . So, yes, this project is not going to go over. And I can tell you the contractor will not lose. But who will lose long term, Mr. Speaker, are the taxpayers of this country. And whilst we are at it, because the Honour able Member is taking over the mantle of Grant Gi bbons and he talked about a couple of projects that the PLP did that went over budget. I can assure you, Mr. Speaker, and I think the Honourable Member Derrick Burgess touched on it, but I am going to give you the facts and the facts are this: Under the UBP/OBA the L. F. Wade Airport was tendered for $9 million and it finished at $25 million, Mr. Speaker —$16 million over budget. Westgate facility went out for $20 million. It finished at $39 million, Mr. Speaker —$19 million over budget. And the Tynes Bay facility that we have there, went out to $26 million and finished at $74 [million] — $48 million over budget, Mr. Speaker . So, we have to remind folks that when the OBA starts running their mouth and talk about o verruns of the PLP Government , I think they have to be reminded of the overruns of the OBA/UBP Gover nment .
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker . Point of order, Mr. Speaker .
The SpeakerThe SpeakerPoint of order? Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Yes, sir. Yes, Mr. Speaker .
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: The Honourable Member is speaking about the UBP/OBA Gover nment . There is no such thing as the UBP/OBA Go vernment. The projects to which he referred were UBP projects. We were the OBA Government , …
What is your point of order?
POINT OF ORDER
Hon. Patricia J. Gordon -Pamplin: The Honourable Member is speaking about the UBP/OBA Gover nment . There is no such thing as the UBP/OBA Go vernment. The projects to which he referred were UBP projects. We were the OBA Government , and the Honourable Member can speak specifically . . . I do not have a problem with criticism, but be accurate and honest, which he is not being.
The SpeakerThe SpeakerI do not think it was intent ional to mi slead. He was just referring to both parties. But Member , the Member is just trying to make a distinction of when you speak to them, make sure you clarify the difference between the two par-ties. That is all. Hon. …
I do not think it was intent ional to mi slead. He was just referring to both parties. But Member , the Member is just trying to make a distinction of when you speak to them, make sure you clarify the difference between the two par-ties. That is all.
Hon. Zane J. S. De Silva: Thank you , Mr. Speaker . I think every . . . I do not even have to dignify that comment with a reply. But, Mr. Speaker, let us not forget also when we are talking about the airport the events of 2 D ecember 2016. Let us not ever forget that —and that was over that ai rport. And if the Honourable Member Dunkley and his colleagues in the OBA continue to talk about how sweet that deal was for the people of Bermuda, just remember the people of Bermuda shut down Parliament over that and if they think that the people of this country believe it was a good deal, I would just tell them just to reflect back a little bit to 2016. Now, Mr. Speaker, the OBA Leader, MP Cannonier, and MP Dunkley have had much to say over the last couple of weeks with regard to social media and what has been floating around on social media. Now, Mr. Speaker, I think everybody knows that in particular MP Dunkley is a social media fiend. He loves social media. My point is I hope he has been watching his social media this week and I am surprised that he did not have any comments about some of the things that were floating around on social m edia. I will put a pin in that one right there. How much time do I have left, Mr. Speaker ?
An Hon. Member An Hon. MemberKeep going, Zane. Hon. Zane J. S. De Silva: Okay. Thank you very much. Now, Mr. Speaker, recently, there was an exchange between an OBA Member and a PLP Member. And the interesting thing is, I will read out seven of the things that the OBA Member said, and I …
Keep going, Zane. Hon. Zane J. S. De Silva: Okay. Thank you very much. Now, Mr. Speaker, recently, there was an exchange between an OBA Member and a PLP Member. And the interesting thing is, I will read out seven of the things that the OBA Member said, and I will start with the first one. The OBA Member said that MP Burgess always misleads the House and most of it is rubbish. The second thing was , you want to stick it to me. The third point , I had nothing to do with that . The fourth point, they are trying to impugn my character (that is as low as you can get) . The fifth point, the attack on me is dribble, nothing but dribble.
The SpeakerThe SpeakerMember, Member, there is a ruling that started this debate that we were not going to go back down on that topic this evening. It was carried on from last week and we started this debate tonight saying that the Speaker had taken a position and we were moving on …
Member, Member, there is a ruling that started this debate that we were not going to go back down on that topic this evening. It was carried on from last week and we started this debate tonight saying that the Speaker had taken a position and we were moving on from there.
Hon. Zane J. S. De Silva: Well, Mr. Speaker —
The SpeakerThe SpeakerI would like to advise you not to refer to comments and references to that from last week for tonight. Hon. Zane J. S. De Silva: Okay, Mr. Speaker . I had a feeling you may say that. But let us talk about former OBA Member Ray Charlton. He came …
I would like to advise you not to refer to comments and references to that from last week for tonight. Hon. Zane J. S. De Silva: Okay, Mr. Speaker . I had a feeling you may say that. But let us talk about former OBA Member Ray Charlton. He came on the radio not long after he disassociated himself from the OBA —or whilst he was still there, actually , before he disassoc iated himself from the OBA . He came on the radio, Mr. Speaker, and he made these very same comments about people attacking his character, making up things with no background, with no facts. And he said, If it can happen to me, it can happe n to anyone. These same comments, Mr. Speaker . Now, Mr. Speaker, if you would have heard, whether it be Raymond Charlton, whether it be MP Dunkley, MP Cannonier, whoever it was, Mr. Speaker , from the OBA make those statements, you could very easily say Wait a minute, “misleading,” “stick it to me,” “impugn my character,” “you are attacking me,” “you are making up stories about me. ” Mr. Speaker, if anybody did not know any different you would think that I was the one that was complaining— or MP Burgess or , indeed, Premier Dr. Brown, or any Member of the PLP because that is what we have to experience day in and day out every year, Mr. Speaker , not only from the OBA paid bloggers, but from many of those that sit on the opposite benches, Mr. Speaker . All I would say to those Member s, the ones that have felt this recently, is, It doesn ’t feel good, does it? And that is what we have had to put up with. Mr. Speaker, I have had to put up with some of that manure for 15 years, Mr. Speaker . Fifteen years. Dr. Brown a nd cousin Derrick have had to put up with the same rubbish and lies for 20 to 30 years. And you know what, Mr. Speaker ? So ha ve their fam ilies. So have their families . In the past couple of weeks, Mr. Speaker, I—and I say I —and my family, Mr. Speaker . . . my family have had to endure bac kdoor attacks disguised as questions from MP Dunkley and Opposition Leader Cannonier via the media and 4678 24 July 2020 Official Hansard Report Bermuda House of Assembly in this very House, attacking my family members, Mr. Speaker, under the hood of darkness just like they entered this very House of Assembly under a cloak of darkness in 2016. POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: Point of order, Mr. Speaker. The Honourable Member is misleading the House and he in no way can say that I — [ Crosstalk] Hon. L. Craig Cannonier : —have attacked his family. And he needs to be careful about talking about attac king people’s family because I can say the same thing over innuendos, speculation and outright lies.
The SpeakerThe SpeakerMembers, let’s try and maintain a tone that has been decent thus far this evening and not go down roads that are going to cause emotions to run high this evening. It is late in the day. It has been a long day but we can still maintain ourselves, Members. …
Members, let’s try and maintain a tone that has been decent thus far this evening and not go down roads that are going to cause emotions to run high this evening. It is late in the day. It has been a long day but we can still maintain ourselves, Members. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, both the Opposition Leader and MP Dunkley have been on the radio. And I have li stened very carefully, Mr. Speaker, over and over and over to recordings of Opposition Leader Cannonier and MP Dunkley regarding social media events in the last week or so. And I can assure you, they know exactly what they are doing, and they are attacking my family. And they can deny it all they want — Hon. L. Craig Cannonier: Point of order, Mr. Speaker. Hon. Zane J. S. De Silva: Everybody can read b etween the lines, Mr. Speaker . Hon. L. Craig Cannonier: No one [INAUDIBLE]
The SpeakerThe SpeakerOpposition Leader, Opposition Leader. just a minute. Just a minute. I have just asked Members to control their comments. Member De Silva, I know emotions have been running high at this moment in time but try and keep it as factual rather than taking possible innuendo or speculation on. Speak …
Opposition Leader, Opposition Leader. just a minute. Just a minute. I have just asked Members to control their comments. Member De Silva, I know emotions have been running high at this moment in time but try and keep it as factual rather than taking possible innuendo or speculation on. Speak to what is definitely factual. Hon. Zane J. S. De Silva: Mr. Speaker, I will tell you what I will do. I will table in the next session the cloak of darkness and disguise and questions . . . and ev eryone knows what has been out in social media. Mr. Speaker, how can you make a statement that you have been watching all the social media for the week and all the bloggers that come along with it and all the statements that are made by certain people and then you ask certain questions and you tell me it is not a backdoor question. Mr. Speaker, I will table it and I will let the public —
The SpeakerThe SpeakerI do not; I do not follow social media so I cannot tell you what is on social media. Hon. Zane J. S. De Silva: Well, I usually do not e ither, Mr. Speaker, but when it is pointed out to you by family members, you get it. But I …
The SpeakerThe SpeakerYou were on good ground there. Go back to the good ground you were on. Do not let folks take you off of good ground. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Now, Mr. Speaker, I am going to finish on this note— Hon. L. Craig …
The SpeakerThe SpeakerNo—Yes? POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: The Honourable Member is misleading the House. He is speaking about myself and the Honourable Member Michael Dunkley using social media under a cloak of darkness and dagger or whatever he wants to call it. T his Honourable Member himself has …
No—Yes? POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: The Honourable Member is misleading the House. He is speaking about myself and the Honourable Member Michael Dunkley using social media under a cloak of darkness and dagger or whatever he wants to call it. T his Honourable Member himself has gotten up in the House of Assembly and spoken directly from social media and used social media to make points. Hon. Zane J. S. De Silva: And I will not deny that.
The SpeakerThe SpeakerMembers, I am calling on both Members, all Members at this point, that let us keep this factual and not [ INAUDIBLE ], and not take side roads that are going to ruin the tone of debate to a point where it is not acceptable. Hon. Zane J. S. De …
Members, I am calling on both Members, all Members at this point, that let us keep this factual and not [ INAUDIBLE ], and not take side roads that are going to ruin the tone of debate to a point where it is not acceptable. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . How much time we got left, Mr. Speaker ?
The SpeakerThe SpeakerThree minutes. Hon. Zane J. S. De Silva: Thank you. Mr . Speaker, I am not going to demand that they stop. I am going to ask them to stop. And if those Honourable Members wish to call me personally, I will tell them exactly, exactly what they said, when …
Three minutes. Hon. Zane J. S. De Silva: Thank you. Mr . Speaker, I am not going to demand that they stop. I am going to ask them to stop. And if those Honourable Members wish to call me personally, I will tell them exactly, exactly what they said, when they said it and what they meant. And I will leave it right there.
Bermuda House of Assembly Hon. L. Craig Cannonier: [INAUDIBLE] be calling.
The SpeakerThe SpeakerThank you. Hon. Zane J. S. De Silva: Now, Mr. Speaker, whilst we are asking questions, I am going to finish on this note. I have a few questions, Mr. Speaker . My first question would be to MP Dunkley. When is he going to tell the country what really …
Thank you. Hon. Zane J. S. De Silva: Now, Mr. Speaker, whilst we are asking questions, I am going to finish on this note. I have a few questions, Mr. Speaker . My first question would be to MP Dunkley. When is he going to tell the country what really happened on 2 December 2016? The second question I have, Mr. Speaker, is why doesn’t the OBA come cl ean with Government documents their former Attorney General Trevor Moniz shredded? Why aren’t the OBA calling him out? My third question, Mr. Speaker, again, I will ask the Opposition Leader Mr. Cannonier to tell the country what deal he made with MP Dunk ley to resign as Premier. And my last question, Mr. Speaker, is—
[Feedback]
Hon. Zane J. S. De Silva: Hello?
The SpeakerThe SpeakerContinue on. Hon. Zane J. S. De Silva: In the Royal Gazette dated 18 November 2017, Mr. Cannonier said he was tricked and deceiv ed. It was a headline in t he Royal Gazette , Mr. Speaker . He never explained that stat ement. I would like to know if …
Continue on.
Hon. Zane J. S. De Silva: In the Royal Gazette dated 18 November 2017, Mr. Cannonier said he was tricked and deceiv ed. It was a headline in t he Royal Gazette , Mr. Speaker . He never explained that stat ement. I would like to know if he would like, some time, to explain that statement to the people of this country. Hon. L. Craig Cannonier: Sure. It probably involved you!
The SpeakerThe SpeakerOpposition Leader, the only comments should be a point of order to the Speaker. Not an exchange back and forth, please. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Now that MP Cannonier wants to speak out of order, he might want to ta lk about the …
The SpeakerThe SpeakerNow, Member, I said let us not imply — Hon. L. Craig Cannonier: Gas stations?
The SpeakerThe Speaker—innuendos and let us just keep it factual. Hon. L. Craig Cannonier: Horseshoe Beach?
The SpeakerThe SpeakerYes. Go ahead, Member. FINDING SOLUTIONS TO SUSTAIN BERMUDA
Ms. Leah K. ScottThank you, Mr. Speaker . Mr. Speaker, I have sat here tonight and I have listened to all of this rae, rae, rae . The truth, Mr. Speaker, is that the people of Bermuda are not interested in this. They are interested in solutions. They are interested in how we …
Thank you, Mr. Speaker . Mr. Speaker, I have sat here tonight and I have listened to all of this rae, rae, rae . The truth, Mr. Speaker, is that the people of Bermuda are not interested in this. They are interested in solutions. They are interested in how we are going to assist them in making sure that they can make ends meet next week, next month, next year. The unfortunate thing for us, Mr. Speaker, is that the Westminster system does not allow for us to be collaborative. And as much as the Government says that they want to cooperate, and the OBA says that they want to cooperate and collaborate, we act ually do not do that. We are probably facing an election coming up before the end of the year because I be-lieve that the Premier t hinks that if he can have an election now he can get in front of the economic ts unami and all of the challenges that this country is g oing to face because of the pandemic. But the truth of the matter is that our young people, Mr. Speaker, are not interes ted in this style of politics. They are not interested in the toxicity. They are not interested in the blaming. They are not interested in the personal attacks. They are interested in salvaging this country so that they have something that they can hang on to. We are old, Mr. Speaker . I am 61, and I would guess that the average median age of all of us in Parliament would be about 60. So, we need to be creating laws and legislation and an infrastructure for our young people to be able to survive in. And that infr astructure does not include poking holes at the personalities and the indiscretions of people. Minister Caines and Minister De Silva made a mistake at Blu. But you know what? I get it. I like to party, too! Would I dance on a table? Probably. My problem with the whole thing that happened at Blu was that we have a young man in Boston who has to learn how to walk again because somebody was tr ying to beat a curfew that was imposed by the Go vernment . That is wrong! We have people who have suffered financial consequences because they were out beyond the curfew. So, I do not have a problem with the party ; what I have a problem with is the method by which the party was established and the things that were done. I get it. 4680 24 July 2020 Official Hansard Report
Bermuda House of Assembly We are tired of sitting down and being told what to do, where to go, when to go, how to go and how long we can be there. I understand that. But the reality, Mr. Speaker, is that we need to be addressing the issues of this country , and the young people of this country are not interested in t he smoke and mi rrors that are being presented by the Government and the inability of any of us to come up with some viable solutions for our survival. We continue . . . you know, the Government talks about international business on the one hand and how th ey have assisted us in so many ways f inancially and other ways , they have essentially propped up the third sector. But then on the other hand we want to criticise them and say, W ell, actually , we do not want you to be here, we just want your money . Well, h ow is that going to work? You cannot have it both ways, Mr. Speaker . So, at the end of the day, we all need to pull up—
The SpeakerThe SpeakerPoint of order? POINT OF ORDER
Mr. Christopher FamousWell, for any Honourable Member to get up and say that this Government does not want international business here is outright . . . I do not want to use the “L” word—but ridiculous. We have gone above and beyond—
The SpeakerThe SpeakerYou made your point. Honourable Member , be mindful of —
Ms. Leah K. ScottThank you, Mr. Speaker . I take the point of MP Famous . But the reality is that while we say we want international business, we do not treat international business like we really want them to be here. We want their money ; but we do not want the …
Thank you, Mr. Speaker . I take the point of MP Famous . But the reality is that while we say we want international business, we do not treat international business like we really want them to be here. We want their money ; but we do not want the physical presence. And we need to be honest about that. And the truth of the matter is with the airport, the roof wetting was held when? And who went to the roof wetting? Who is going to the ribbon cutting when it is going to open up? So, as bad a deal as it is, who is going to be front and centre —
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of or der. What is your point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: I think the Honourable Member might have inadvertently been misleading the House when she talked about international business not being welcomed, and I think she said welcomed by us. That …
Point of or der. What is your point of order? POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: I think the Honourable Member might have inadvertently been misleading the House when she talked about international business not being welcomed, and I think she said welcomed by us. That is not true. The Honourable Member should know that. We cherish, we appreciate the i nternational businesspeople and companies that are on this Island and we have said so time and time again.
The SpeakerThe SpeakerThank you. Your colleague clarified that point as well. Thank you.
Ms. Leah K. ScottThank you, Mr. Speaker . Mr. Speaker, at the end of the day, we are facing a lot of challenges. We are facing economic challenges. We are facing social challenges. And the truth of the matter is t hat the general public is looking to us as leaders to demonstrate …
Thank you, Mr. Speaker . Mr. Speaker, at the end of the day, we are facing a lot of challenges. We are facing economic challenges. We are facing social challenges. And the truth of the matter is t hat the general public is looking to us as leaders to demonstrate leadership and that leadership is not by words, but it is by action. And that does not mean that we have to walk lockstep with the PLP Government . But what it does mean is that when the PLP presents initiatives that are good, we will say, Yes, we can go along with that. We can get behind that. And when they are presenting an initiative that may not be 100 per cent, we will say, Yes, we can go along with it , but how about you think about this. How about we change this , Our young people who are now forming our voter base are looking for change and they are look-ing for a difference, and we need to be that difference. We need to stop being selfish and self -serving and we need to create an infras tructure that is going to pr omote the legacy for our children, their children and their children’s children. And we need to start doing that now. Sitting up here and poking at each other and talking about each other and personal attacks against each other, the general public is not interested in that. They are interested in solutions. When Mrs. Jones, Mrs. Smith, are sitting in their apartments next month and they cannot get their medicine for their blood pressure, they cannot pay their rent, they cannot get their groceries, they are going to be looking for ideas and solutions. And what are we going to do to create them? We need to find some answers , and those answers need to be presented. And it is not about the 26 statements that the PLP has presented o ver the past two weeks to try to demonstrate to the public that they have been working. The rubber is going to meet the road. What are we going to do about it? Are we going to be able to have the tyres on the car or we going to be sitting up and rolling on rims? The people deserve answers; they deserve solutions and we need to be able to present them. Thus far, the PLP Go vBermuda House of Assembly ernment has not done that, and I do not see anything in the near future that would demonstrate that. So, we can sit up here, and we can go at each other, but at the end of the day our people are dying. They are starving. They cannot pay bills. They cannot look after their children. We do not know what is going to happen with this pandemic. We do not know what is going to happen with jobs. We do not know what is going to happen. People are looking for security and certainty and we need to be able to provide that.
Mr. Rolfe CommissiongPoint of order, Mr. Speaker . Point of order. Mr. Speaker, the—
The SpeakerThe SpeakerPoint of order? State your point of order. POINT OF ORDER
Mr. Rolfe CommissiongThe [Member] asserts that people are starving. What evidence does she have that people are starving? We know that people need assistance —
The SpeakerThe SpeakerThank you. Thank you, Member .
Ms. Leah K. ScottMr. Speaker, during this pandemic I have had multiple people come to me. Miss Scott, I need a food voucher. I can’t feed my children. I can’t feed my family. What other evidence do you need, Member ? We can try to sugar coat it all we want. The fact …
The SpeakerThe SpeakerMember, Member . . . we are not having that! No, no, we are not going back and forth like that. I am ready to go home. I will close this House in a heartbeat. We are not going there. We will not have that tonight! If we have any …
Member, Member . . . we are not having that! No, no, we are not going back and forth like that. I am ready to go home. I will close this House in a heartbeat. We are not going there. We will not have that tonight! If we have any more of that, you are going to hear the gavel and this meeting will be shut down. Understand me? Continue on, Member .
Ms. Leah K. ScottThank you, Mr. Speaker . Mr. Speak er, at the end of the day, we owe this country service and we need to get our act t ogether and we need to provide them with what we need to do to bring along jobs, job creation. And job creation, Mr. …
Thank you, Mr. Speaker . Mr. Speak er, at the end of the day, we owe this country service and we need to get our act t ogether and we need to provide them with what we need to do to bring along jobs, job creation. And job creation, Mr. Speaker, is not refusal of a work permit. Job creation i s foreign direct investment. So, if the PLP’s plan is I am creating a job by refusing work permits, and if the people do not take up those jobs, and we did what we could for you, that is bogus. What are we doing to assist our people and to facilitate them through this pandemic? And we are having struggles. And I have all respect for the Minister of F inance. I understand the struggle that he has. I am not a finance person ; I am a lawyer. But I get it. We are creating an obligation on our children and our c hildren’s children that they are not going to be able to sustain. So, what are we going to do to turn this eco nomy around? What are we going to do as mature people who are working for the benefit of this country? It is not about OBA. It is not about PLP. I t is not about UBP, NLP or pink with green stripes. It is about Team Bermuda and we are all on Team Bermuda and we need to grow up and be mature and stop being div isive and recognise that unless we are going to come together and move this country forward, then we are wasting our time here every Friday. So, Mr. Speaker, we need to have a mind change. We need to have a shift and we need to start working towards goals that are going to empower our children and our children’s children and we need to create an infrastructure that is going to allow them to sustain the country that we have been able to enjoy. With that, Mr. Speaker, I will take my seat.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? Hon. Lovitta F. Foggo: Yes, Mr. Speaker .
The SpeakerThe SpeakerYes, continue, Member. PLP ACCOMPLISHMENTS Hon. Lovitta F. Foggo: Thank you, Mr. Speaker . Mr. Speaker, let me say this. In the last general election, I do not think anyone stood at the polls ignorant of what they would be confronted with should they win. And I can safely say …
Yes, continue, Member.
PLP ACCOMPLISHMENTS
Hon. Lovitta F. Foggo: Thank you, Mr. Speaker . Mr. Speaker, let me say this. In the last general election, I do not think anyone stood at the polls ignorant of what they would be confronted with should they win. And I can safely say that the PLP Gover nment that sits today was not ignorant of what we would be confronted with because, first up, we knew that we would be dealing with a $2.5 billion debt that many might argue f elt like was created overnight, Mr. Speaker . But we won that election under the mantra of putting Bermudians first and creating a fairer and better Bermuda. Mr. Speaker, I can say hand on heart every action that we have engaged in has been under that umbrella, Mr. Speaker, of putting Bermudians first and creating a fairer and better Bermuda. Mr. Speaker, we knew that we would have to use a high level of fiscal prudence. We knew that above all we would have to introduce measures to ensure that we are empowering our people because given the way that our economy has changed and given the way that the international business comm unity has changed because of the great impact of artif icial intelligence and technology, we have seen people 4682 24 July 2020 Official Hansard Report
Bermuda House of Assembly who operate at the higher economic rungs find themselves in a situation where artificial intelligence and technology has replaced them. And we have seen that happen on the lower economic rungs. So, we recognise the challenges that we have been up against and we have met those ch allenges, on every level, by trying to ensure that we provide opportunity upon opportunity to train our people young and old to help them re- professionalise, to help them be more marketable to secure jobs within this com-munity as well as help them as entrepreneurs. I do not have to list every single thing because everybody who sits in this House plus the public at large has heard us day in and day out or whenever we are in session speak to the various programmes that we have put in place. Mr. Speaker, I can say that in the area of Workforce, training opportunity after training oppor-tunity has been offered to people and they have taken advantage of those opportunities. In fact, the team down there took their programme to the street, joined with the private sector creating job fairs, went around this Island, brought persons who were in need of work with businesspersons, and many walked away with jobs. We found hundreds attending. Did hundreds and hundreds walk away with jobs? No, but many walked away with jobs and some of those very same people are still employed today. We have not stopped. They are still as a team down there introducing . . . we heard our Minister Hayward speak to the fact that in the cleaning industry he has been able to secure training and jobs for young people even today. We have not shied away from the mammoth task and responsibility which was placed in our hands to get it right. We introduced legislation to put together a living wage committee that even now is still working on [what] this will look like. And you can appreciate the major impact that COVID has had on them to be able to do their work and perhaps even having to r edesign their model, because one of the things that we put in place with that is to allow them to have the flui dity to change whenever they would need. Mr. Speaker, in the area of culture we have created countless opportunities for artists, musicians, fine artists —you name it, whatever type of art bac kground they have come from —opportunities where we have had venues for them to come and share their talent and bring them face to face with would- be persons who might seek to employ them. And there has been success in that. We did not come into this game with a singular vision. We knew that we would have to have a multipronged approach and we have tried to look at every different arena to make certain that we are responding to the cries that we heard —the clarion cries that we heard— and we are trying to provide opportunity. We saw monies being put in place at Berm uda College for those persons who would not otherwise be able to go there, and [now they] could go there and take advantage of that financial assistance. We have seen that, and we have seen those persons who have taken advantage [of that be able to] graduate from whatever programmes that they engaged in. In this modern- day society, we have not just been offering programmes which one would say are probably more suited to 20 years ago. We have put coding camps; we have allowed people to try and avail themselves of some of the skills that will be required for them to be able to manage in a 21 st century society. And guess what, Mr. Speaker ? We have not stopped. We are still trying to figure our way through this. And let me say this, Mr. Speaker : We did all of this com ing in being heavily challenged with having to put into place a money -laundering regime that the former Government failed to properly deal with. And so, we had that hanging over our heads and we had to deal with that first. Many of us who sit in Cabinet can speak first -hand to having to . . . even though we had legislation in the pipeline, we had to arrest that to ensure that we dealt with issues like that so that we would not find ourselves in a much worse position. The Member who just spoke talked about we need to be solutions -driven. Well, rest assured, ever ything we have done, we have done to be solutions - driven because make no mistake, we see the change in how our economy —all of the changes in our eco nomy and how it is now operating. I will not even sp eak about COVID. Yes, we see those changes, and we knew whether we have to drag our people here to make them understand or hold their hands, but by whatever means would help put them in a better pos ition, we knew because they gave us the baton, we knew we had to do that to help [our people] manage through this current day economy, Mr. Speaker . Mr. Speaker, even the way in which we deli ver in our educational institutes we have made changes there to ensure that students from primary up-wards, from preschool upwards, are given the found ations that they need —not to just make them oper ational in this current economy, but to give them a plat-form and foundation which will allow them to be able to continue to morph their skill sets to fit the current society that th ey operate in. Trust, Mr. Speaker, that as a Government we are very sharply focused on empowering our people wherever we find them, whatever their interest is, so that they can become players in this economy. Ever yone can remember, we made changes right f rom the beginning at the Office of Project Management and Procurement (OPMP) to make certain that those per-sons who before now found it almost virtually impossible to secure contracts that they were given, if you will, first preferences at certain jobs that Government had to offer in order to be able to enjoy a piece of the pie. We have not been blind to the needs of our people. We were elected because we were seen as a
Bermuda House of Assembly Government that has a social conscience and as a Government who understands the pulse of our people, Mr. Speaker . And we do. And that is why even having been confronted with this pandemic we did not just sit down and say, Woe is us . We are there every day trying to figure out what we can do differently to help bridge the gaps. What can we do differently? Walking hand in hand with our people— not separate and apart, hand in hand with our people— because they are us and we are they, to get through this major challenge together. And we will. And that is why I spoke of some of the job creation that we have seen just coming from Workforce with Minister Hayward. We have not stopped because, let’s face it, necessity is the mother of all invention. And we are using this challenge to help us come up with pr ogrammes and policies that will further advanc e our people, that will empower our people, so that they can get through this. And all of us will suffer through it some. That is why this Government , this Cabinet in particular, immediately said we would take a 15 per cent cut because we are in this game, Mr. Speaker, together. And we will sacrifice where and when we have to for the betterment of the whole., And that is what we are doing. Mr. Speaker, in Works and Engineering, I am sure the Minister of Works can tell you about the decay he has seen in the infrastructure. Let’s face it, the first year we spent all of our efforts trying to bring our schools up to scratch. And, again, with his ingenuity, he looked to implement single days of the week for garbage collection and in so doing saved thousands and thousands of dollars. And I do not hear anybody complaining about it anymore, Mr. Speaker . Do you know why? Because it is working, and it works well for little old Bermuda. Mr. Speaker, as a Government we will conti nue to confront our challenges head on. I want to say upfront that I am extremely, extremely grateful and proud of the expertise that this Government has brought to the table and, indeed, the expertise that has been brought to the table by the hands of the F inance Minister. The first thing that was introduced–– and I can say that I was happy to play a major part of it––to confront the challenge of the pandemic was the unemployment benefit. And I can tell you . . . and I have to thank the Premier for that as well because he pulled us out of Cabinet , myself and Jason Hayward, and he tasked us with doing . . . and I can say it was a pleasure to work by the side of Jason Hayward because the foundation, I will say, for the unemployment benefit having looked at other regimes where som ething similar was i n place, was put into place. And while it is not the answer for all things, it has helped thousands of people, and that has been sure — thousands of people —through the worst days that we have ever seen. And I know first -hand because I was down in the trenches with my workers and I have had endless phone calls where people, sobbing, sobbing uncontrollably, not knowing whether or not they would have sufficient funds to keep a roof over their head and the like. The one thing that I made sure to do, because it was my duty on behalf of this Government , was to hold their hands and do everything that had to be done to expedite helping individuals such as them so that they could at least manage through this with some dignity intact and the like, and know with conf idence that we would get through this together. And more measures have been laid out by the Finance Minister and the Labour Minister to ensure that as we continue to face some rough spots, cus hions are being put in place to assist us through this all. We con tinue to figure our way. The entrepreneurship programmes which have been put in place to help small businesses, small business loans to try and help them through during this difficult time. And I can tell you even during this difficult time, there are people who have come up with business ideas that guess what, are seeing them through. And all they needed was a caring Government which gets it and has conf idence in them and is willing to put policies in place to help them realise their business aims. Mr. S peaker, I am proud being a part of the Government that is going through a pandemic, because the pandemic has not ended yet, but I am proud of being a Government that has —
[Timer chimes ]
The SpeakerThe SpeakerMember , that is your time. Hon. Lovitta F. Foggo: Okay , am I finished?
The SpeakerThe SpeakerYes, Member. Hon. Lovitta F. Foggo: Okay. —that has faced the pandemic head on and will continue to work with the people to see them through successfully. Thank you, Mr. Speaker .
The SpeakerThe SpeakerDoes any other Member wish to speak? Any other Member ? Hon. E. David Burt : I am here, Mr. Speaker. I think MP Swan wanted to speak.
The SpeakerThe SpeakerYes. Yes, Member. MARY PRINCE DAY
Mr. Hubert (Kim) E. SwanYes, I am trying t o engage my video. 4684 24 July 2020 Official Hansard Report Bermuda House of Assembly Mr. Speaker, Cup Match will not be played this year. But lest we forget, our forefathers were ce lebrating the great legacy of their parents and grandparents when they put …
Yes, I am trying t o engage my video. 4684 24 July 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, Cup Match will not be played this year. But lest we forget, our forefathers were ce lebrating the great legacy of their parents and grandparents when they put together that great celebration in the early 1900s. Today, I look forward to next week for the first opportunity to celebrate Mary Prince Day. And in doing so, Mr. Speaker, I had to reflect on Mary Prince herself, where she was born and how the world recognises Mary Prince, the West Indian slave, and I am proud that our Government has seen fit to commence in a very significant way to punctuate Mary Prince of Bermuda and Mary Prince who also went to Turks because of that close connection that we have had there in our ancient history. If one were to look up Mary Prince, Devonshire always appears. If you were to look up Devon-shire, you would find out that the Earl of Devonshire who comes out of Cavendish never set foot in Berm uda. But when you look up Devonshire Parish, you find Mary Prince also listed there as a notable person. The world has come to a realisation that the institutional racism, the structural racism, born out of White supremacy that the late Dr. Eva Hodgson wrote about, argued about, toiled on behalf of in this country has come to the realisation that it never died away when people died. Like Bermuda grass, it laid dormant just for the right climate to blossom once again. We must take advantage of this current cl imate of awareness and understanding to recognise that a parish named after someone who never stepped foot in Bermuda is of great significance to the continuation and the perpetuation of that system that has been put in place. As we reflect on the life of Mary Prince and this coming holiday we recognise that there will be a park named after her i n the parish named after som eone who never set foot here—[but] the world knows of Mary Prince. The world owes a debt of gratitude to Mary Prince. You know, I was thinking, W hat would be a great honour for Mary Prince? Mr. Speaker, in 1995, I stood at the polls when we had a referendum for i ndependence, along with my friend Phil Perinchief, as one who supported it then and supports it now, because I know the true potential of our people. It cannot be realised when we are charged with having to do just what some folks have said, work together because we are in it together. Contrary to what some folks would say in this political climate now, we did that for a sustained per iod of time. That is why this country was able to nav igate COVID far better than the m otherland, who did her own thing and did not do it well in doing COVID, the big land that we have as our number one trading partner. We made decisions. We acted in the best interest of Bermuda. We worked as one people, notwithstanding our political differences. So, make no mistake about it. We can do what people would say that we cannot because maybe that serves their purpose if we fail to believe in ourselves, in our own destiny. Mr. Speaker, for me, the positives out of this global pandemic in the Bermuda context outweigh the challenges that we face because I have seen the best of us work collectively and I believe that we can sustain that and tackle the problems that we face. Interestingly though, Mr. Speaker, this week we have an article which reflected on an event that happened last week in the House, and the headline was showing some sympathy to the fact that the ci rcumstances that were being discussed reflected back 17 years. I am not going to get into that, but I will say that the circumstances which Dr. Brown faces today with the police who are funded by this Government and the previous Government and the previous Go vernment, has been going on 13- plus years, minimum, minimum, because it featured very prominently in the 2007 election, when he was the Premier of Bermuda and Mr. Dunkley was the Opposition Leader. A similar narrative started percolating in 2014, 2015, right up until the 2017 election with the Lahey Clinic debacle. I remember in 2017 several former Members of Parliament signed an Amicus brief, which was sent to the US courts, to suggest that, listen, Bermuda pol itics has been transported into another jurisdiction. So, someone who has been out of office since 2010 still, through the funding of the Bermuda Government . . . the same Bermuda G overnment that is challenged by financial decisions where the debt grew from $1.2 bi llion in 2012 to $2- point -something billion in four short years, notwithstanding that between 2008 and 2012 there was a global recession. And I hear the narrative often, Mr . Speaker, that the PLP are not friendly to business. Let me share this: International business flourished prior to the global recession. It never did better than during those years —never did better. And the global recession was not caused by decisions made by anyone except those in boardrooms in Bermuda who made bad decisions which put their companies at risk. But they were made by predatory lending and the like in banks in the United States and around the world as well. But the narrative that gets fed to people som etimes, not always, tells them the real story. Mr. Speaker, there is a saying that there are Two Bermudas. And my recent experience as chai rman of a joint select committee saw how you can have conflicts of interest. I have mentioned on the floor of this House, Mr. Speaker, the challenges that we had just to get folks to come to the table to share how the one lawyer could represent a former Oppos ition Leader (Mr. Dunkley), and could represent the former police commissioner and others unknown to us; could try to scupper the workings and prevent the commission from functioning; could try to cause per-sons who had sworn an oath to do their best to not
Bermuda House of Assembly even serve; could then represent the incoming police commissioner who was not even in Bermuda at that particular time. It [was] then be shared to us that the person represented the entire police service, which, by extension, was representing the Crown, because the police, whilst they are funded by the Government of Bermuda answer to the Governor. And we al l know that, not the current Governor but the Acting Governor at the time (the Deputy Governor was the substantive Governor at the time) through a privilege, would not be available to appear. That same person, that new commissioner that came in on the scene has been known as very much a m edia person. You see the commissioner in the media all the time. And it is stated that only he speaks for the police. It is no wonder why the only way in which the commission could get some information was just to write the re. Because we have certain rules that certain people will play by because that is the way it has always been . . . that is the way it has always been. And I guess when you have got the money you get used to operating that way. Mr. Speaker, I am interested in this country moving forward as a people together. But hiding from the truth and . . . the Honourable Member Mr. Dunkley, as he alluded to Cup Match said, We’ve got some scars . No, we have got some serious wounds caused by the institutional racism that lives and dwells that many in this country, still today, while they pl acate, do not believe even exists because the system benefits them, Mr. Speaker. That is the problem we have. You know, no one wants to look at a system and say, Look, you know, don’t do anything, it works. Don’t say anything because it works. It works for an ybody who would turn a blind eye to it. Mr. Speaker, world events, through this COVID, have shown us that the world is looking for a better way to do business, a more honest way, a fairer way for the underdog, in which case, by and large our people, who are Black. And make no mistake about it, Mr. Speaker, in large percentages in this country, that is us. And we must take the mantle and make things different. And it is not easy because those who want the system to remain “as is” will recruit from even among us to discount that message, sing Kumbaya, and work at cross purposes —knowingly and unknowingly in some instances. You know, earlier today (without reflecting on a debate) I read som ething that was spoken by Mr. Ehrlichman, who was President Nixon’s aide, which spoke to that deliberate war that we in the Black community have had to come up against. It did not start in ’68. It may have started in the ’68 that had a 15 before it or a 16 before it or 17 before it or even an 18 before it, but it did not start in the 1960s. It was just repackaged and rebranded to serve the period in which we lived at that time. And it is up to us to take and forge our own destiny. It is up to us, Mr. Speaker. So, with that, Mr. Speaker, I am going to miss coming to Somerset this year for the annual classic, my beautiful spot where I sit up there on the West End school field end interacting with our good friends with great banter. But I am going to take the opportunity to reflect on our forefathers and what we must do to honour their struggles and what we must to do honour our struggles as well. I wish everyone in the country a blessed Mary Prince Emancipation Day. God bless. Thank you, Mr. Speaker.
[Timer ch imes]
The SpeakerThe SpeakerMr. Swan, your timer has just gone off. Any other Member wish to speak? Hon. L. Craig Cannonier: Mr. Speaker.
The SpeakerThe SpeakerDoes any other Member wish to speak? Hon. E. David Burt: Mr. Speaker, I think the Oppos ition Leader was trying to go.
The SpeakerThe SpeakerOpposition Leader? Hon. L. Craig Cannonier: I’m trying to get my video going there. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. You have the floor. PUTTING BERMUDA AHEAD OF POLITICS Hon. L. Craig Cannonier: Well, it certainly has been an evening. [Laughter] Hon. L. Craig Cannonier: Listen, Mr. Speaker, we are heading on into . . . it has been a long and vibrant day. It has been an interesting …
Yes. You have the floor.
PUTTING BERMUDA AHEAD OF POLITICS
Hon. L. Craig Cannonier: Well, it certainly has been an evening.
[Laughter]
Hon. L. Craig Cannonier: Listen, Mr. Speaker, we are heading on into . . . it has been a long and vibrant day. It has been an interesting last couple of [sittings]. And I recognise the most important thing to us is Bermuda as a family as a whole, and then there are our own families that we have to go home to after a stressful day of going almost past midnight debating issues, and the thrusts and jabs and jibes that take place during some of our deliberations. But at the end of the day, Mr. Speaker, the i ntent is always looking to do what is best for Bermuda. And so, I am just going to disregard all of the stuff that I have heard and what has been taking place. I am going to take the good out of what was said tonight and recognis e that most of us, if not all of us, really do want the right thing for Bermuda. The challenge we have right now, post - COVID . . . I cannot even say “post” COVID, but we have moved into stage 4 or phase 4, or whatever you want to call it. And I take to heart the comments by my 4686 24 July 2020 Official Hansard Report
Bermuda House of Assembly Deputy Leader about what is most important as we move forward. We are about to celebrate a holiday that brings to light the struggles of many of us of colour in Bermuda. And it is important that we continue with that struggle of equal ity and equity, but I also reco gnise, as legislators, as parliamentarians, that we r eside over a mixed Island —Blacks, whites, all coming from different stories. And not just Blacks and whites , we have Portuguese; we have Asian persuasions in Bermuda. We ar e truly a melting pot. And our young people are even more immersed into the trading back and forth or mixing of these different cultures that have come together to make Bermuda so vibrant. The most important thing that we need to be doing right now, Mr. Speaker, is figuring out how we get Bermuda back on its feet. That is the most i mportant thing. And things like Cup Match holiday bring to light those things that are most important, and that is each other. So, I had every intent ion of bringing down some of my own brimstone and fire, but I do not think that is going to do us any good. What will do good is us finding a way forward for this Bermuda that we love, economically. We will be able to enjoy one another over Cup Match, but the reality will be, once we go back to work . . . and for those of us who are not going back to work, the reality will sink in that we have got to find a way to get Bermudians jobs, we have got to find a way to get Bermudians making fair pay. We have got to ensure that the things that we see, like the abuse of our young people, is stamped out, the inequalities that still exist amongst races and gender in this Island, where women’s rights are not taken as strongly as they should be, where Blacks’ rights are not taken as strongly as the y should be. And I recognise the most important thing is that there are enough white people out there and enough Black people out there who r eally do want to get this right, who want to make a statement to the rest of the world that by working t ogether we can make something happen. So, my conversations with the Premier have been interesting. Interesting in the fact that, although we represent two different parties, I see that we are pretty much, basically, after the same thing. The question is, which path do we [take] to that same area? And sometimes those roads merge and other times they are as clear as black and white. But yet, I am at the table, I enjoy the conversation, and there is some comradery amongst the two of us, even a joke or two, even though sometimes I think he thinks I am a little too serious at times. But the joke is there and we have a laugh and we are trying to figure out the best way forward. What I am not going to accept, Mr. Speaker, is the attacking of one another that goes back and forth. So, we are going to see how it goes from here on in and we are going to take a break and enjoy the holiday because all 36 of us deserve that holiday. But let us remember what is most important, especially over Cup Match holiday. What is most important is each other. And more importantly, it is our young people who are watching us and taking note of how we handle things in the House of Parliament, which a r eflection on how the community as a whole handles itself. And so, we need to pull our socks up, Mr. Speaker. And we can have some debates and go back and forth, but they need to be based on issues that are relevant, issues that are important to the pe ople of Bermuda and that are going to put us back to work. I remember the Honourable Member Sylvan Richa rds saying the best social programme is a job. And we have got a lot of social work to do. But more importantly, we need to get this economy going so that we can go home, be happy, lay down without the stress of worrying. I mean, just this week alone I had people calling me worried about whether or not they are going to be evicted out of their homes where they are renting. These are the kinds of things that people are concerned about. And tonight we listened to how the PLP has been going out and giving out food and I recognise that the OBA Members as well, before that time, were going out on a daily basis doing food deli veries. And I know PLP Members are doing it as well, delivering meals on a daily basis, sacrificing their time and energy. And Lord knows gas is expensive and all the gas that it takes to drive up and down the Island to make these deliveries. But we do them out of the earnestness of our heart because we care. And I do not believe that one necessarily is doing any more than the other when it comes to the community because as parliamentarians, every single day, your day is tied up with trying to do what is best. And for some of us, maybe a little more than others, we get called on to do all kinds of things, but that is what we signed up for. Much of what I have heard tonight —we did not sign up for all of that. But we did sign up to help. And so, Mr. Speaker, I think the most i mportant thing now is let us not get involved in all of this deflection because, again, there is so much mud out there to be thrown around [that] all of us will sink. What Bermuda is more concerned about is, how are we going to make it? How are we going to survive? And we are coming off of a successful period of battling COVID -19 by working together. Not enough was said about our involvement, many times I felt. But we worked together in earnest because it was not about bragging about our role and what it is that we did, it really was about taking the time to speak to the Prem-ier and to give our opinions to the EMO and all the other organisations about what we thought was best and to come up with the best solution for Bermuda as a whole. So, Mr. Speaker, and to all our Members, I wish you all a very, very, very happy Cup Match. I would like for you to enjoy the next couple of weeks
Bermuda House of Assembly that we have off and during that time give some reflection to what is most important and maybe when we come back in September some of us —some of us — might have turned over a new leaf. To you, Mr. Speaker, I am not sure why you feel that you need to have that big old flag hanging up there behind you—red and blue.
The SpeakerThe SpeakerNo other colour to be; no other colour. Hon. L. Craig Cannonier: No other colour, eh?
The SpeakerThe SpeakerNo other colour. Hon. L. Craig Cannonier: St. David’s traditionally were, back in the day, big Somerset fans, but I came from later generations where my father played for St. George’s and so—
The SpeakerThe SpeakerSo, you lost out, see that? [Laughter] Hon. L. Craig Cannonier: I can recall my mom, like, I don’t even know Somerset, like , what is this place? When I was young travelling up there.
The SpeakerThe SpeakerJust know we are the cup holders and we will continue to hold it. Hon. L. Craig Cannonier: I will say this here, though, when I got up to Somerset and I saw a lot of people that looked like they were from St. David’s Island up there and I …
Just know we are the cup holders and we will continue to hold it.
Hon. L. Craig Cannonier: I will say this here, though, when I got up to Somerset and I saw a lot of people that looked like they were from St. David’s Island up there and I was all confused. But anyhow, I think I have got the message across of what I wanted to say and may the best men . . . obviously, Cup Match will not be the same this year. But when we do resume, hopef ully, next year, may the best team win. I wish you all the best as we enjoy our family over this holiday. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member? Mr. Premier? Hon. Walter H. Roban: Mr. Speaker.
The SpeakerThe SpeakerYes? Hon. Walter H. Roban: I would like to speak, please.
The SpeakerThe SpeakerYes. PLP ACCOMPLISHMENTS Hon. Walter H. Roban: Thank you. Thank you, Mr. Speaker, for the opportunity to give my contribution on this motion to adjourn. The hour is late, but I think we have come to expect on these days when the session comes to its conclusion, that we usually …
Yes.
PLP ACCOMPLISHMENTS
Hon. Walter H. Roban: Thank you. Thank you, Mr. Speaker, for the opportunity to give my contribution on this motion to adjourn. The hour is late, but I think we have come to expect on these days when the session comes to its conclusion, that we usually have long [sittings]. So I think ever ybody kind of understands how it goes. And I am sure you understand having been a veteran of many dec-ades of parliamentary participation. Mr. Speaker, I think there has been a lot said tonight and today. We have clearly gone through a raft of legislation. And I am sure the Premier in his own presentation will reflect on some of what he has had to oversee over t his last session. And it has, obviously, been a transformative session for all of us. We have had to shape Parliament, the Legislature and its work, and our participation in it, in a whole new way, in a way that we never foresaw. And, obviously, I think it is quite fascinating, Mr. Speaker, because the decades that it took for the House of Assembly to take on radio . . . and you would remember those days, Mr. Speaker. I am not trying to age you or put a number to your maturity in Parliament. But some will remember when there was no broadcasting and the length of time it took to get to that or even the length of time it took to have Hansard in the manner that we have now. But here we are, Mr. Speaker, within a short period of time the House has gone digital. And we have had to participate in the House in a fashion that r eflects the reality that we are living. So, this has been a transformative time, Mr. Speaker. And I can honestly say I am as proud to be a parliamentarian today as I was when we won the election in July of 2017, and every other moment prior to that. But I am particularly proud of being a part of this Parliament that began in July of 2017, three years ago (which had its anniversary just a few days ago), and the victory of that. But I am also proud of the team that I am a part of and all the work of so many Members — the 25 Members who sit in the House and the 5 Members who sit in the other place. I am so proud of them. I am proud to be a part of the team that they themselves and all of us are contr ibuting to, to shape a fairer and better Bermuda. And I am particularly proud, Mr. Speaker, of some of the work that has been done by so many of my colleagues, whether it be in response to the pan-demic, the creation of the employment benefit pr ogramme, whi ch I hope this Government can shape into something that is more permanent in nature to assist workers of this country going forward. The fact that we have . . . and that is a transformative thing, the fact that we have the capability of providing an unemployment benefit for workers is transformative. It was put together in a short period of time. This is the type of programme that often countries take years to formulate. We had to do it in days and, as has already said, thousands of people have been benefit ed by that. The very creation of the Mary Prince Day around Cup Match, as we come close to Emancipa4688 24 July 2020 Official Hansard Report
Bermuda House of Assembly tion celebration, and the park that will become a part of that permanent sentiment of Mary Prince and what she means to us as a country, as a national hero. I am proud of what we are trying to do around infrastructure—the bridge development. I am proud of the water and sewage projects that are being pr epared. I am also proud of the fact that even during the last three years we have actually helped to create at least one new hotel, which is the Bermudiana Club. [We] transformed a development that, unfortunately, had been tagged with not the most pleasant image because of its location, and it has been transformed into a vacation property that will benefit many vi sitors. I am proud of what we have been able to do with the plans to, hopefully, redevelop Southampton Princess and working with Gencom who also run the Rosewood Hotel and own that. I am proud of what we have been able to do around the modernisation of the bus fleet and the work that the former Minister Zane De Silva and the current Minister, Neville Tyrrell, are overseeing. I am proud of our transformation of our go vernment communications platform. The modernisation of that platform has been visibly shown during COVID, and the ability of the government communication m achine to communicate to our people in a way that clearly has brought them comfort and reassurance through this COVID period. The former Minister Jamahl Simmons had a lot to do with that work, and I believe that work will continue and has continued. And I am pleased to know that he has been doing that work for us. I am pleased to see what we have been doing around education— the commitment to the transformation in 2022 and the relationship, thou gh som etimes hard, we have been able to develop with teac hers, parents and other stakeholders in education as a Government to push this transformation. There are a lot of hard decisions to be made around education because we all want Bermuda to have the best public education system. But that work is happening and I am pleased and proud of the work that has been done so far, Mr. Speaker. I am proud of the work in the health sector — the health system reform, the health financing reform, the transformation of m oving millions of dollars that were being essentially given to insurance companies that is now being put back into the system to pay for health care—not to fill the pockets of health profits. I am proud of that. I am proud that we were able, under National Security, to use the engine of National Security, Mr. Speaker, and not only provide law, order and protection, but also to provide redemption at the same time. The former Minister and the new Minister, who is carrying that baton, were able to use a system to not only provide law, order and protection, but also provide a system of redemption for some of those who would constantly find themselves up in front of that system. I am so proud of what we are doing in the area of finance. We have the best possible person in the country right now overseeing the Government’s purse strings. And that person had to take on that job litera lly running to deal with economic substance, to deal with CFATF, to deal with beneficial ownership, to deal with economic stabilisation, to deal with Morgan’s Point, Mr. Speaker, and has now had to literally hold the money bag and dole out each coin very carefully to pay for our response to COVID. The Finance Mini ster has had to do that and make tough decisions, working with Health, worki ng with National Security, working with the Premier, working with others, to pay for the PPE and other equipment that was essential and that has contributed to us in our response to COVID, which has been recognised globally as very good, although the fight is not over yet. And the F inance Minister still has enormous decisions to make around planning our fiscal future as a Government and, by extension, the country. [I am proud of] what was done in the area of the administration of justice and the work of the Government’s chief legal officer [in] closing the door on the very unfortunate and embarrassing Lahey legal matter in a way that upheld the Government’s integr ity, although it seems as if that story is not done yet. [I am proud of] what we are doing to t ransform our relationship around justice and around the issue of cannabis reform and around the legislation we passed today dealing with the issue of people who have had longstanding records and, hopefully, that is going to help many of those people to act ually change their lives because this Government is about transformation, Mr. Speaker. I am proud of what we are trying to do with building the bridges and the relationships that will contribute to reengineering our workforce and the work that has to be do ne to retrain, to reskill our people. We know this work has to be done. We are facing major economic —I do not want to use the word “disruption” because I want to be an optimist —reengineering. I am proud of the work that Members of Parliament have done arou nd a living wage. I am proud of the work done by Members who have tried to bring the experience of people who are victimised by the banks to our caucus and make sure we did something about it. I am proud of the work that we have done to ensure that the voi ces of the disabled are heard. I am proud of Members who have tried to keep us, as a Government, grounded and remember-ing that we serve the community, we serve our con-stituents. And I am particularly proud of my brother [MP] Chris Famous and his interesti ng effort to have us confront our history so that we could have a different future, particularly when it came to the celebration of Cup Match.
Bermuda House of Assembly I am proud of the work of young Dennis Li ster[,III, MP] who brought the issue of cannabis reform and how it has i mpacted young men within his age group and felt it important that we, as a government, take a look at it. And that has been turned into a legi slative initiative which we are dealing with. I am proud of the work of Members like [MP] Scott Simmons who brings the experience of being a manager in hospitality and some of the challenges that we, as a community, face with hospitality and how we must do things to be sensitive to Bermudians in that space and also improve it so that we become a destination of choice. I am proud of the work done with the Efficiency Commission. I am proud of the work that has been done to try and make government more efficient and a much leaner and more modern institution. That is so important to the success of Government going forward. I am proud of the work that was done to co nfront a very ugly point in our history, Mr. Speaker — December 2 nd [2016] —and the work of that commi ssion, which has attempted to find the truth of that date. But it appears as if, sometimes, the truth is elusiv e and despite our best efforts, we still desire to hear more about what happened on that day to many people. Even though we were there, there are things that we did not know and we have yet to know. I am also proud of the work that we plan to do around dealing with some issues of the past around the injustices around land and some people who may have been treated unfairly in the practice of buying and selling land or had their land or their family’s land appropriated and the work that we intend to do to ad-dress that. And I am proud that we have so many people on my team who are passionate about where they are from, whether it be St. George’s, whether it be “pond dogs,” whether it be Northshore, whether it be Somerset Road or any other part of the country. And that all comes together, Mr. Speaker, to make a very strong team. Some of us happen to be in the Cabinet but some of us are not, but that does not change the fact that we are one family —a parliamentary family, a party family, a legislative family —that is doing its best, Mr. Speaker, to ensure that this country stays safe, to ensure that we do the jobs that we have been elected and appointed to do, and that we are held account able. I have told one of our Members, particularly the Deputy Speaker, that I appreciate his efforts to hold the rest of us accountable, as a senior member of our team. And he does that in his very unique style and it is appreciated because it is important that we stay grounded; it is important that we remember why we were sent to t his House, Mr. Speaker. But Mr. Speaker, our country faces serious times, it faces great challenges, but it is also, I b elieve, an enormous opportunity. And the Progressive Labour Party Government has, for the past three years, been pursuing an effort to bring a new way of managing Bermuda. And I believe we have built the relationships over the past three years which have contributed to an improvement in that situation. I think, if you put aside the experience of the last four months, people were feeling m ore optimistic about the future. People were feeling that things were moving in the right direction. There were challenges because when we came in we did not know we would be dealing with CFATF and the EU and all the energy it took to r espond to the AML regime and the assessment that we had to deal with and the multitude of legislation that we had to pass. That took up a lot of energy and time as a Government. And I am not blaming anybody for the fact that we had that burden, it is what a Gover nment has to do. But it did take a lot of energy away from the priorities that we felt we had been elected to focus on. But we had to deal with that, we had to deal with Paradise Papers, we had to deal with other i ssues that . . . some were not of our making, especiall y when you look at anti -money laundering or you talk about beneficial ownership or you talk about economic substance, you talk about the EU and the blacklis ting—all these are things that were thrown into our lap as a Government and we had to respond to them to protect the country. And let’s not even talk about the journey that we have had for the past four months —a similar situ ation where we have had to be thrown into a very deep hole that has yet to find a solution. And we have had to make sure Bermuda did not get lost in it. And this Government, I believe, and all the people in the country that have contributed to the effort —our first r esponders, our health care workers, our caregivers, people who have been out there working while their families have had t o stay and shelter in place, in gr ocery stores, in wholesalers, in shipping, in delivery, even sanitation, if people did not pick up the trash we would be in trouble. So, there are so many groups of people in this country that have aided our country being safe and healthy through the pandemic. And we have to give them all their tributes. But the Government’s job remains tough, it remains —
[Timer chimes]
The SpeakerThe SpeakerDeputy, your time clock has just gone off. Hon. Walter H. Roban: And if I can conclude, Mr. Speaker?
The SpeakerThe SpeakerYes, I will allow you to conclude, no problem. 4690 24 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: I am proud of the team that I have been given the honour to serve with and I know that, going forward, all 25 plus 5 …
Yes, I will allow you to conclude, no problem.
4690 24 July 2020 Official Hansard Report
Bermuda House of Assembly Hon. Walter H. Roban: I am proud of the team that I have been given the honour to serve with and I know that, going forward, all 25 plus 5 of us will continue to do the work that thi s country requires to move forward and to have a brighter and more prosperous and healthy and safe future. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy. Premier, are you the last speaker? Hon. E. David Burt: I think so, Mr. Speaker.
The SpeakerThe SpeakerNow you have the clock. PLP ACCOMPLISHMENTS Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, it has undoubtedly been an i ncredibly long parliamentary session and there has been a lot of work which we have been doing over the past few months. But Mr. Speaker, …
Now you have the clock.
PLP ACCOMPLISHMENTS
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, it has undoubtedly been an i ncredibly long parliamentary session and there has been a lot of work which we have been doing over the past few months. But Mr. Speaker, every session in this House is opened with a prayer. And it is the job of all elected Members to take care of the people of this country and we work day in and day out to do it, no matter what role we play —front bench, backbench or su pport. And taking care of the people of this country is exactly what this Government has been engaged in during this pandemic response. We have made sure that we have assisted the people of this Island in a time of need with compassion and care bei ng shown in every aspect of what we do, whether it is the work that the Minister of Comm unity Affairs and Sports spoke about, with the formul ation of an unemployment benefit programme, which I remember in the last session of the House of Asse mbly (way back on March 16 th) when I asked her and MP Hayward and MP Commissiong (who was off chairing a meeting for the Parole Board) to work t ogether to come up with an unemployment benefit that I knew we were going to have to roll out in case we had to shut down our tourism industry. And now we are seeing that benefit, which is going to transition into long-term support, Mr. Speaker, to ensure that we hold fast to the pledge that no one in this country will go hungry. We continue to offer emotional support, thanks to the volunteers at Bermuda’s Psychiatry A ssociation, making sure that persons who are suffering from the emotional stress of what this period brings, to make sure that we show them compassion and help them out. This Government has rolled out unprecedented support to small business —$24 million to help support those businesses, to keep people employed, to make sure that they can put that money back in the economy —whether it is rents, commercial rents and other things —so businesses can continue, Mr. Speaker. There is so much of which have done which is about taking care of this country and paying true all egiance to the oath. So our work to reopen the country has gone well. I want to thank all of the Ministers of the Government involved in the reopening work. I want to thank all of our Members of caucus who have helped to support us in that endeavour. And I also want to thank Members of the Opposition for their input. But we have done well, and we are making safe prov isions for people to enjoy this holiday and be a part of the traditions of camping. Our recreational activities are returning and more and more people are going back to work, Mr. Speaker. It is very important, Mr. Speaker, that we demonstrate, as a Government leading this country, that we can adapt and that we can be resilient. But if there is one thing we know about Bermudians, Mr. Speaker, it is that we are resilient people. So, when you look at the small businesses that are adapting how they do business to make sure that they can co ntinue to operate in this new era, small businesses from St. George’s, like Sweet SAAK and others like ER Fisheries, we know that they are changing and adapting their business models as we traverse through these tough times. And so, Mr. Speaker, while the Government and the people work hard to adapt and to cope, we must not pour cold water on their efforts. We must work together to support them, like we have done. That is why, Mr. Speaker, as much as I want to remain positive, it is difficult for me, as a Leader of this country, knowing the sacrifices of which have been made by not only the Ministers of the Gover nment, but also the public officers who have worked day in and day out to continue to deliver an agenda and make sure that this country can make it through one of the most difficult periods of its history, to listen to the Deputy Leader of the Opposition speak about 26 statements of the Government to (and I quote)_“try to demonstrate to the people that they are working.” Really, Mr. Speaker? The people of this country can see that we are working. They see it every day. And part of the r esponsibility of Government is to communicate what it is that you are doing, especially when the actions which you are doing will help them cope in this period in time. So, here is the thing, Mr. Speaker. The Honourable Deputy Leader of the Opposition talks about solutions. What have they presented, Mr. Speaker? And it is like you cannot win. It is like Jekyll and Hyde. So, the Opposition presents an idea that we were already w orking on. And when it was presented last week by the Minister of Labour, in speaking about the one- year residential permits, we got treated to the refrain from the Deputy Opposition Leader statements
Bermuda House of Assembly to pretend that they are working. Even though there are public officers that are working through this weekend to make sure that we can launch this programme by our target date of August 1st. We are not pretending, Mr. Speaker. We are working for the people of this country. And then, Mr. Speaker, when we fix things that the former Government did not fix while they were in office, like the trust legislation that we fixed today, that she even praised us on, Mr. Speaker, we get the refrain (and I quote) “T hey don’t have any ideas for the economy. ” Really, Mr. Spe aker? Is that what we have come to? Hyperbole coming from the leadership of the Opposition? In one voice it is K umbaya— we have to all work together.
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Point of order, Mr. Speaker.
The SpeakerThe SpeakerBeg your pardon? Hon. Patricia J. Gordon -Pamplin: I have a point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: Yes. The Honourable Premier, I believe, perhaps inadvertently is mi sleadin g the House. What the Honourable Member has to acknowledge is that everything that is said by Members of the Opposition . . . he is sitting …
Point of order.
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: Yes. The Honourable Premier, I believe, perhaps inadvertently is mi sleadin g the House. What the Honourable Member has to acknowledge is that everything that is said by Members of the Opposition . . . he is sitting here exc oriating the Deputy Leader of the Opposition, and that is my colleague, Mr. Speaker. What the Premier has to understand is when ideas are put forward, they are being put forward in the better good of —
Hon. Jason Hayward: What is your point of order? Hon. Patricia J. Gordon -Pamplin: —not, Mr. Speaker.
The SpeakerThe SpeakerCould you get specific with your point of order and not necessarily a speech? Hon. Patricia J. Gordon -Pamplin: Yes, that is exac tly my point of order, Mr. Speaker. That the Premier has to acknowledge the fact that ideas that are being put forward are not just a question …
Could you get specific with your point of order and not necessarily a speech? Hon. Patricia J. Gordon -Pamplin: Yes, that is exac tly my point of order, Mr. Speaker. That the Premier has to acknowledge the fact that ideas that are being put forward are not just a question of criticism, and that is wher e the Government falls short. They cannot take any criticism.
The SpeakerThe SpeakerI think we got your point. You have been . . . it stretched a little long, your point of order . . . you should try and keep it short. Thank you. Hon. E. David Burt: Can I proceed, Mr. Speaker?
The SpeakerThe SpeakerYes, you may. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, there is a difference between asking questions and being deliberately malicious. To say that the Government is bringing statements to pretend— Hon. Patr icia J. Gordon -Pamplin: Mr. Speaker — Hon. E. David Burt: —that they are …
Yes, you may. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, there is a difference between asking questions and being deliberately malicious. To say that the Government is bringing statements to pretend—
Hon. Patr icia J. Gordon -Pamplin: Mr. Speaker —
Hon. E. David Burt: —that they are doing something, Mr. Speaker . . . come on now.
POINT OF ORDER [Imputing improper motive]
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, the Honourable Member is imputing improper motive. My honourable colleague is not deliberately malicious, Mr. Speaker. What is malicious is the method by which the Government chooses to attack the Opposition.
Hon. E. David Burt: Mr. Speaker, may I can conti nue?
The SpeakerThe SpeakerI want to try and remind Members this has been a long day. Hon. E. David Burt: It has been a long day, Mr. Speaker.
The SpeakerThe SpeakerWe are almost to the end of it. Let us try and let the tune end on a positive tone — Hon. E. David Burt: —Thank you, Mr. Speaker. —
The SpeakerThe SpeakerAnd not a — Hon. E. David Burt: [INAUDIBLE]
The SpeakerThe SpeakerThank you. Hon. E. David Burt: So, I cannot leave, Mr. Speaker, without the issue of the day. And that is the matter of the airport. And it is especially painful to read the statement from the Leader of the Opposition which went out today —a person whom I have …
Thank you.
Hon. E. David Burt: So, I cannot leave, Mr. Speaker, without the issue of the day. And that is the matter of the airport. And it is especially painful to read the statement from the Leader of the Opposition which went out today —a person whom I have committed to speaking to on a weekly basis to ensure that he is updated on the Government’s pandemic response—to sign his name to a statement which does not sound like him, likely written and penned (like many of us have) by his consultant, which contained dog whistle language, Mr. Speaker, that referred to (and I quote) “outbursts” which is just an attempt to paint me as an angry Black man. 4692 24 July 2020 Official Hansard Report
Bermuda House of Assembly Guess what, Mr. Speaker? I am angry. B ecause I get to hold this seat of honour and have to lead a Government that has to make real life dec isions every day about who gets what and what we have to borrow and the insult that it is to have to find money to pay for a contract which was signed by the former Governm ent that guaranteed a 16 per cent return to a company, is offensive to me, Mr. Speaker. And here is the thing, we cannot talk about the future unless we understand the mistakes of the past, Mr. Speaker. So, when we hear a statement from the Leader of the Opposition which says (and I quote) “it is a lie to say it is going to AECON, it is g oing to our lenders.” Mr. Speaker, that is just not true. The contract that his party signed states that before substantial completion of the airport, Skyport can use that money to spend on construction. Mr. Speaker, he then went on to say, (and I quote) “not including a cause in the airport contract to protect against a pandemic. If the Premier, the Mini ster and the BAA were all so concerned about this, then why —over the last three years since 2017 —did they not take out insurance themselves?” Well, guess what, Mr. Speaker? In our review we went over that and as a statement which was put out by the chairman of the Airport Authority today says, “the Airport Authority looked into an insurance policy, and it was determined not to be financially fea-sible, nor would it have protected against a Force Majeure event such as COVID -19.” Part of the 2017 legal review in its deposit agreement stated that “[the] type of protection should have been included in the original contract and that ‘it was highly unusual’ for a contract with such [a long] duration [of] 30 years not to include a var iation clause.” Simply put, Mr. Speaker, the One Bermuda Alliance should have negotiated a better deal that puts the onus on Aecon to buy this insurance to mitigate for risks like this. Now, here is the thing. The One Bermuda A lliance thought they were doing a good thing. But we, Mr. Speaker, as the Government, have to live with the decisions of which they made. And we must reme mber that —
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. The Honourable Member is, perhaps inadvertently, misleading the House. Governments have to live by the decisions of prior Governments. Hence, we had to live with a significant challenge that we had financially when we took …
Point of order?
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker. The Honourable Member is, perhaps inadvertently, misleading the House. Governments have to live by the decisions of prior Governments. Hence, we had to live with a significant challenge that we had financially when we took office. Hon. Jason Hayward: That is not a point of order.
Hon. Patricia J. Gordon -Pamplin: He has to live with what it is that he inherited.
The SpeakerThe SpeakerMember, points of order need to be specific to an issue and not a discussion of a point that you want to raise. And we have almost got about five minutes left before this closes, let us see if we can straight five minutes and everyone can go home and …
Member, points of order need to be specific to an issue and not a discussion of a point that you want to raise. And we have almost got about five minutes left before this closes, let us see if we can straight five minutes and everyone can go home and enjoy the holiday.
Hon. Patricia J. Gordon -Pamplin: Unless there is something that is incorrect —
The SpeakerThe SpeakerPremier? Hon. E. David Burt: Thank you, Mr. Speaker. Hon. Patric ia J. Gordon -Pamplin: —Mr. Speaker, I will be quiet for five minutes. Hon. E. David Burt: So, here is the thing, Mr. Speaker. The people of this country need honesty. And yes, I get it. Those in leadership …
Premier? Hon. E. David Burt: Thank you, Mr. Speaker.
Hon. Patric ia J. Gordon -Pamplin: —Mr. Speaker, I will be quiet for five minutes.
Hon. E. David Burt: So, here is the thing, Mr. Speaker. The people of this country need honesty. And yes, I get it. Those in leadership make mistakes. But you need to own the mistakes t hat you make. You do not do it like the former Minister of Finance, Bob Richards, when faced with a Government guarantee that had to be called, which caused us to raise the debt ceiling, tell the people of the country that you would do it all over again. T hat is what we had, Mr. Speaker. And I am not going to dwell on the past because, as many Members have said, we have to fix the future. And so, I am thankful that 87 per cent of the people of this country support the work that this Government is doing, Mr . Speaker. And that is the overall satisfaction in this Government. Mr. Speaker, we will continue to press forward. And I thank the people for their trust and for their support because it is only through that that we continue to be strengthened, as tired as we are, as stressed as we are, knowing that this is what we must do for the country which we love. So, I get to take the credit, Mr. Speaker, but it does not belong to me. It belongs to the grassroots members of the party that I am honoured to lead. The credit goes to our central committee who continues to work during this pandemic to ensure that we can have events like we had this past weekend. It goes to our party executive, our caucus Members in this House and in the other place, and our extremely hard - working Cabinet, who, over the last four months, Mr. Speaker, have demonstrated what unity of purpose is and means in order to advance the interests of a country of which we are honoured to lead. Yes, we made a lot of statements today to speak about the work which we are doing to deliver on the priorities which we were elected for, Mr. Speaker. Whether it is measures to protect mortgage holders,
Bermuda House of Assembly whether it is economic development, how we are g oing to fix the mess that was left at Caroline Bay, how we ar e going to put people to work by developing a modern water infrastructure in the East End, put peo-ple to work while building an arbitration centre that our lawyers are calling for inside of the City of Hamilton in a name to honour Mr. Ottiwell Simmons, whether it is delivering on our promise for community gardens, whether it is ensuring that we deliver on our promise to phase out middle schools and transform education in this country, or whether it is delivering on our prom-ise to make sure that we direct more business to Black -owned business owners, Mr. Speaker, that is the work that this Government is involved in. Thirteen matters discussed in this House alone today, Mr. Speaker, fulfilling campaign promi ses, stimulating our economy, broadening opportunity , implementing social justice measures, making up for the past, Mr. Speaker, that is what this Government is doing because that is what we were elected to do. Mr. Speaker, this country has responded during this pandemic, and I pay homage to all that have been involved in this response—health care workers, first responders, especially our fire fighters, our un iformed services, some of whom have been injured in the line of duty —we all have been unified in our r esponse. So, like the Deputy Premier said, Mr. S peaker, I am proud, not only of the work of the leadership of this country but also of the work and efforts of the people of this country who have shown that, as a country, no matter the trials and tribulations of which we face, that when challenged we can unify and we can respond and we can respond well. So, Mr. Speaker, as this House rises until September, I will say that we are going into the Cup Match holiday, and it is a special time for this country, different, of course, but a special time to remember family and to remember why it is that we celebrate. This year will be the first year that we celebrate Mary Prince Day, an amendment that was passed by this Honourable Chamber this year. An idea to change the holiday, brought up to date by MP Famous, and a name for the holiday and a suggestion by MP Rolfe Commissiong, Mr. Speaker. We have to recognise and remember and learn from our past mistakes. That is what this holiday is about, Mr. Speaker. It is about celebrating abolition, but recognising that we as a country, and especially Black people in this country, have a long way to go until we are really, truly, and fully —
[Timer chimes]
The SpeakerThe SpeakerDo you hear that sound, Premier? Hon. E. David Burt: So, Mr. Speaker —
The SpeakerThe SpeakerYou are at your las t minute. Hon. E. David Burt: Thank you, Mr. Speaker. I appreciate the one- minute warning. With that, Mr. Speaker, I ask all Honourable Members to make sure that you take some time to rest. We have worked hard. But as a country and as …
You are at your las t minute. Hon. E. David Burt: Thank you, Mr. Speaker. I appreciate the one- minute warning. With that, Mr. Speaker, I ask all Honourable Members to make sure that you take some time to rest. We have worked hard. But as a country and as leadership of a country, we have done well. We should be proud of our efforts and we should make sure that we spend this time with our friends, spend this time with our family, and make sure that we have a very safe, blessed, and enjoyable holiday weekend as we take some tim e off. Mr. Speaker, I wish you all the best and, of course, even though I cannot celebrate an inevitable Cup Match victory from the boys in red and blue, I sincerely hope that all of us will still celebrate this ho liday in the way that really matters, wit h our families. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Hon. Patricia J. Gordon -Pamplin: You presided over a good House, Mr. Speaker, until you put up that thing behind you. [Laughter]
The SpeakerThe SpeakerMembers, thank you for the contributions everyone has made today and this evening. And I will start where the Premier ended, just to say I wish everyone well, I wish your families well. And take time out to relax and enjoy this holiday period and reme mber to be safe …
Members, thank you for the contributions everyone has made today and this evening. And I will start where the Premier ended, just to say I wish everyone well, I wish your families well. And take time out to relax and enjoy this holiday period and reme mber to be safe during this pandemic atm osphere still as you do celebrate during the summer and Cup Match period here. Good evening everyone, enjoy your weekend.
[At 12:23 am (Saturday, 25 July 2020) the House stood adjourned until 10:00 am, *Friday, 11 September 2020.] *[His Exce llency the Gov ernor, acting on advice from the Honourable Premier, dissolved the Leg islature on Friday, 21 A ugust 2020. ] [His Excellency the G overnor, acting on advice from the Honourable Premier appointed that a General Election be held on the 1st day of O ctober 2020. ]