The SpeakerThe SpeakerGood morning, everyone. The House has now begun and Ms . Beale can do the prayer s. PRAYERS [Prayers read by K ara A. Beale, Assistant Clerk ]
The SpeakerThe SpeakerGood morning, Members. Members, there was a technical issue. My m icrophone was not coming through. Thank you, Ms. Beale, for the prayer. CONFIRMATION O F MINUTES [Minutes of 3 July 2020]
The SpeakerThe SpeakerThe Minutes of July 3rd have been ci rculated. Members, are there any amendments or corrections required? No, there are none. The Minutes are confirmed as printed. [Minutes of 3 July 2020 confirmed] MESSA GES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerThere are none. MESSAGES FROM THE SENATE CRIMINAL CODE AMENDMENT ACT 2020
The SpeakerThe SpeakerWe actually do have a message from the Senate this morning. And [it is as follows:] “In accord ance with Standing Order 37, the Senate has the honour to inform your Honourable House of the accompanying Bill entitled the Criminal Code Amendment Act 2020, recommending the co ncurrence of your …
We actually do have a message from the Senate this morning. And [it is as follows:] “In accord ance with Standing Order 37, the Senate has the honour to inform your Honourable House of the accompanying Bill entitled the Criminal Code Amendment Act 2020, recommending the co ncurrence of your Honourable Hous e.” This is from the President of the Senate, the Honourable Joan Dillas -Wright. [Inaudible interjection]
PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are some nine papers this mor ning. The first is in the name of the Premier. Prem ier, would you like to present your first paper this morning? [Pause]
The SpeakerThe SpeakerPremier, are you with us this morning? [No audible reply]
The SpeakerThe SpeakerWell, we will move on and come back to the Premier. The next Minister who has a paper or communi cation this morning is the Minister of Health. Minister Wilson, are you able to present yours now? Hon. Kim N. Wilson: I am here. Yes. Good morning,
Mr. Speaker.
The SpeakerThank you, Minister. PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION ORDER 2020 Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Public Health (COVID -19) Emergency Extension Order 2020, pr oposed to be made by the …
Thank you, Minister.
PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION ORDER 2020 Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Public Health (COVID -19) Emergency Extension Order 2020, pr oposed to be made by the Minister of Health in exercise of the power conferred by section 107A of the Public Health Act 1949. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next communication this morning is in the name of the Minister of Finance. Minister of Finance, would you like to present yours ? Hon. Curtis L. Dickinson: Good morning, Mr. Speaker. 4410 17 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Good morning. …
Thank you, Minister. The next communication this morning is in the name of the Minister of Finance. Minister of Finance, would you like to present yours ?
Hon. Curtis L. Dickinson: Good morning, Mr. Speaker.
4410 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Good morning.
MUNICIPALITIES (WHARFAGE EXEMPTION) ORDER 2020
Hon. Curtis L. Dickinson: I have the honour to attach and submit for the information of the Honourable House of Assembly th e Municipalities (Wharfage E xemption) Order 2020, as made by the Minister of F inance in the exercise of the powers conferred by section 31(5) of the Municipalities Act of 1923.
The SpeakerThe SpeakerThank you, Minister. Would you like to do your second one? BERMUDA MONETARY AUTHORITY 2019 ANNUAL REPORT Hon. Curtis L. Dickinson: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Mone-tary Authority 2019 Annual Report. Thank you, Mr. …
The SpeakerThe SpeakerThank you. I notice the Premier. Premier, would you like to do your two at the moment? Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning, Premier. Hon. E. David Burt: And I sincerely apologise for my tardiness. The Spe aker: No problem. TRIBUTE TO SIR EVERTON WEEKS Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the information of the Hon-ourable House of Assembly the Tribute to …
Good morning, Premier.
Hon. E. David Burt: And I sincerely apologise for my tardiness.
The Spe aker: No problem.
TRIBUTE TO SIR EVERTON WEEKS Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the information of the Hon-ourable House of Assembly the Tribute to Sir Everton Weeks .
TOURISM INVESTMENT (ST. GEORGE’S CLUB) ORDER 2020 Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Tourism Investment (St. George’s Club) Order 2020.
The SpeakerThe SpeakerThank you, Premier. We now move on to Minister B urch. Minister Burch.
Lt. Col. Hon. David A. BurchTo all of us, actually. I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Housing Trust Financial Statements 2019.
The SpeakerThe SpeakerThank you. You actually have three more. Would you like to do the others? EXCHANGE AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND MCCALMON TRUST PTC LIMITED
Lt. Col. Hon. David A. BurchYes, sir, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly an Exchange Agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited , as trustee of the McCalmon Trust, reference heirs of land situated at 5 …
Yes, sir, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly an Exchange Agreement between the Corporation of Hamilton and McCalmon Trust PTC Limited , as trustee of the McCalmon Trust, reference heirs of land situated at 5 Brooklyn Lane, City of Ha milton, etched in yellow and pink in accordance with section 20(1 A) of the Municipalities Act 1923. Shall I continue?
The SpeakerThe SpeakerYes. Continue, Minister. SALE AND PURCHASE AGREEMENT BETWEEN THE CORPORATION OF ST. GEORGE’S AND THE W. M. E. MEYER & COMPANY LIMITED
Lt. Col. Hon. David A. BurchMr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Sale and Purchase Agreement between the Corporation of St. George’s and the W. M. E. Meyer & Company Limited reference the lot of land situated in the Town of St. …
Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Sale and Purchase Agreement between the Corporation of St. George’s and the W. M. E. Meyer & Company Limited reference the lot of land situated in the Town of St. George’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(1 A) of the Munici palities Act 1923 . And the final one, Mr. Speaker.
The SpeakerThe SpeakerYes. EXCHANGE OF LAND AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND THE TRUSTEES OF THE DIANTHUS TRUST Bermuda House of Assembly Lt. Col. Hon. David A. Burch: I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Exchange of Land Agreement between …
Yes.
EXCHANGE OF LAND AGREEMENT BETWEEN THE CORPORATION OF HAMILTON AND THE TRUSTEES OF THE DIANTHUS TRUST
Bermuda House of Assembly Lt. Col. Hon. David A. Burch: I have the honour to attach and submit for the consideration of the Honourable House of Assembly the Exchange of Land Agreement between the Corporation of Hamilton and the Trustees of the Dianthus Trust , reference areas of land situated at Canal Road and Laffan Street , City of Hamilton, etched in green and yellow and designated parcels B and A, respectively, and in accordance with section 20(1 A) of the Municipalities Act 1923. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to the end of the papers and communications. We now move on. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerI guess nine must be the magical number today. There are nine papers and communic ations, and now there are nine Statements. Statement one is in the name of the Premier. Mr. Premier, would you like to present your Statement? Hon. E. David Burt: Absolutely, Mr. Speaker. UPDATE ON GAMING …
I guess nine must be the magical number today. There are nine papers and communic ations, and now there are nine Statements. Statement one is in the name of the Premier. Mr. Premier, would you like to present your Statement? Hon. E. David Burt: Absolutely, Mr. Speaker.
UPDATE ON GAMING
Hon. E. David Burt: Mr. Speaker, as I undertook at the last day of meeting, I am pleased to provide this Honourab le House with an update on gaming and the work of the Bermuda Casino Gaming Commission [the Commission] . Honourable Members will have noted from the Order Paper that I will today introduce a Bill to make the Commission responsible for all forms of gaming in Bermuda. A cursory review of that Bill will show how many different pieces of legislation and departments of government have something to do with different forms of gaming. All of this will now be under one roof and will promote greater efficiency and certainty in how gaming is regulated in Bermuda. It will also change the name of the Bermuda Casino Gaming Commission to the Bermuda Gaming Commission in recognition of its new , broader remit for all forms of gaming. I would like to take this opportunity to provide a brief overview for Honourable Members of the highpriority areas when it comes the development of ga ming in Bermuda. With regard to correspondent banking, Mr. Speaker, this Honourable House was made aware earlier this year regarding significant progress made with two major stakeholders who have agreed to sup-port cashless casino gaming. Both of these stak eholders have completed their necessary st eps, and a potential operator is engaged in final conversations with an on- Island financial institution. We are hopeful that this will be able to progress to completion, and I want to thank the Minister of Finance for his work to move this matter close to completion. The reason why the Minister of Finance held the gaming portfolio was due to the fact that the number -one issue delaying a gaming industry in Bermuda was the ability to bank the proceeds of gaming. With regard to the r ecruitment of a chief executive, Mr. Speaker, a priority for the Commission has been the recruitment of a chief executive. This Honourable House may recall that the Commission engaged the services of Price waterhouseCoopers executive search in January of this year. A short list of 12 international candidates was compiled. And I can confirm that a preferred candidate has been identified and terms are being reviewed. I am advised and expect that the post will be filled later this year. With regard to the protection of the vulner able, Mr. Speaker, one of the questions posed in this Honourable House on July 3 rd was the request for an update on the current state of social responsibility ini-tiatives. Such initiatives are critical and should be embedded across all gaming sectors. The Problem Gaming Council have been active with providing oversight of initiatives to ensure the protection of the vulnerable and have been engaged in developing the following initiatives : 1. a prevalence study —establishing a baseline of empirical data and research regarding current gaming habits of Bermudian residents ; 2. exclusion programme—the review of social responsibility codes , particularly those on family and self -exclusion; 3. public awareness campaign—the council will be commencing a public awareness messaging campaign that emphasi ses responsible gambling. The campaign will see the c ouncil broaden its outreach through various social, print and broadcast media. Regarding training opportunities for Bermudians, Mr. Speaker, the casino gaming sector will pr ovide job opp ortunities for Bermudians in a variety of roles ranging from dealers to directors, surveillance to senior cashiers , or as diverse as pit bosses to primary game technology officers. Training will be made avai lable for Bermudians at all levels of the industr y. This is a critical component of any development of casino gaming in Bermuda. The importance of training and potential employment opportunities is further echoed by the man-date from the Bermuda Casino Gaming Commission to potential operators , who must, as part of their r equest for p roposal information, state their intent r egarding potential roles which can be filled by Berm udians. More specifically, potential operators are r e4412 17 July 2020 Official Hansard Report
Bermuda House of Assembly quired to address how this can be achieved and over what time frame. In order to develop an effective trai ning regime for Bermudians in the industry , the Commission , in collaboration with the Bermuda College and potential operators , have previously engaged on a training framework which will accompany the opening of a c asino. Mr. Spe aker, Honourable Members will recall the suggestions of some adverse impact on the o perations of the Commission in the areas of training and problem gaming made in the course of this Honourable House’s consideration of those regulations which allowed for t he Minster to make changes to the existing fee structure. Mr. Speaker, I can confirm that this change will not have a material effect , for two reasons . Firstly, potential operators are readily willing to collaborate with on Island training stakeholders to ensure Bermudians are provided bespoke gaming skills in this area. And t he ongoing training of local counse llors and faith- based leaders has continued to ensure that a cohort of professionals achieve their Intern ational Certified Gambling Counsellor [ ICGC 1] accreditation. The final phase of training to prepare professionals for international certification will commence in August for an eight -week period. Upon successful completion, participants will be internationally certified and be able to practice under the umbrella of Allied Health Council and the Bermuda Addiction Certific ation Board. The costs of training Bermudian clinicians to deal with the current problem gaming has already been absorbed by the Bermuda Casino Gaming Commission. So, Mr. Speaker, for those who believe that the change made at the last sitting will jeopardi se training and the necessary social protections, I am pleased to advise this Honourable H ouse that those matters will not be affected. With regard to f iscal management , Mr. Speak er, Honourable Members will recall that as part of the 2020/ 21 Budget , grant funding was not provided to the Commission. I can advise this Honourable House that draft audited financials for the fiscal year ended the 31 st of March 2019 resulted in expenditure of around $2.1 million against a budget of $3.3 million . This result means the Commission spent $1.2 million less than what was originally intended. I publicly wish to thank the Commission’s team for their continued fiscal management. Regarding next steps, Mr. Speaker, as I indicated previously, in addition to a change of respons ibility for the betting sector from the Betting Licensing Authority, the remit of the Commission is now pr oposed to include other areas of gaming such as cruise ship casinos, raffles, lotteries and Crown & Anchor that require regulatory oversight. The Commission will continue to consult with local stakeholders and work through matters related to the operational transfer of these areas over the summer. Mr. Speaker, the principal Act and Regul ations in this area provide the framework for the deve lopment of casino gaming and will now afford others in the gaming sector the ease of having one regulator. But as the remit expands , so must the potential for positive impact on the community. Therefore, Mr. Speaker, I have indicated to my Cabinet colleagues that I will shortly invite their consideration of a pr oposal that formed part of the initial debate on gaming for Bermuda from the 2010 Green Paper. That pr oposal was to commit a portion of the fees and other revenue raised now by the Commission to support things like sports development, the arts, health care initiatives and education. There are successful models in other countries , and I am confident that we can devise the same for Berm uda. Mr. Speaker, in closing, as we work to rebuild our economy from the ravages of a once- in-a-century pandemic, a well -regulated local gaming industry will be one more avenue to assist in creating jobs, spur-ring economic activit ies and providing resour ces to support vital community activities. The B ill I will table later today will assist this country in fulfilling those i mportant objectives. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement on the Order [Paper ] this morning is in the name of Minister Burch. Minister, would you like to present your first Statement?
The SpeakerThe SpeakerGo right ahead. ADDRESSING ILLEGAL FORESHORE ENCROACHMENTS
Lt. Col. Hon. David A. BurchMr. Speaker, the Government has freehold title to all foreshore and seabed below the high- water mark. The foreshore extends seaward from the mean high water (MHW) mark. Mr. Speaker, in accordance with the Sale of Reclaimed Lands Act 1951 , the Minister of Public Works is required to sell …
Mr. Speaker, the Government has freehold title to all foreshore and seabed below the high- water mark. The foreshore extends seaward from the mean high water (MHW) mark. Mr. Speaker, in accordance with the Sale of Reclaimed Lands Act 1951 , the Minister of Public Works is required to sell or convey either leasehold or freehold estate in the foreshore to adjoining or neighbouring owners. The Minister is also empowered to manage all public lands under section 1 of the Public Lands Act 1984, with section 8 providing the authority to dispose of land under certain circumstances. Mr. Speaker, for the avoidance of doubt, property owners of land along the foreshore may have planning permission and a building permit to construct, but still require the agreement of the Minister of Public Works to occupy the land before any work can commence. Piles and moorings may also have to r eceive consent from the Department of Marine and Ports.
Bermuda House of Assembly Further, any occupation of the foreshore wit hout such an agreement is considered trespass on government land, and any person wishing to construct upon and occupy the foreshore is reminded that they need an agreement to document the ongoing occupa-tion of the land. This consent is usually by grant of lease for a period of up to 21 years and requires a one-off premium payment or periodic rent. Therefore, the Ministry would recommend any owner wishing to construct a dock or jetty to contact Public Works as early as possible in the process to agree the terms. Mr. Speaker, against that brief backdrop, I would like to address the events of June 23 rd, wherein officers within the Estates Department of the Ministry of Public Works were advised that there was illegal construction of a concrete boat dock on the foreshore and seabed belonging to the Government of Bermuda at Rocky Hill Park in St. George’s. While onsite, the Estates officer requested confirmation that the Department of Pl anning appro vals were secured. O ne of the construction workers became quite belligerent and verbally abused the public officer —so much so that officers from the Bermuda Police Service had to be called upon to lend support. This unacceptable behaviou r was c aught on video and eventually went viral . The workers were advised to cease any further development. Mr. Speaker, to my astonishment, I was i nformed the very next day (June 24th) that the construction crew actually poured concrete in the form work. I immediately consulted with the Attorney General’s Chambers regarding this blatant disregard of the law , and on June 25th the person responsible for building this illegal dock was served a C orrespondence Before Action . Mr. Speaker, the purpose of this letter was to give the developer 14 days’ notice to remove the ill egal structure. A nd in the event that there was failure to comply with this n otice, the Government would take the necessary steps to remove the structure, sue for damages and seek costs for having done so. Mr. Speaker, as I am a visual person and not as familiar with St. George ’s as some, I took the opportunity of visiting the site on Sunday , June 28th, so that I could see for myself the nature of the infraction. On that occasion, MP Kim Swan, the MP for the di strict; and the Deputy Speaker, the Honourable Derrick Burgess , along with many of those persons who have makeshift slips on the site met me t here. Some of them had also received the trespass notices advising of 14 days to remove their structures. I indicated to them that I would consider all the issues and render a decision before the expiry of 14 days , and instructed them to take no action unt il a final decision was made. I subsequently met with technical officers in the Ministry to ascertain the magnitude of the problem and how it had been ignored for so long. Not wishing to penali se everyone with a blanket approach, I am mindful that many of these slips are makeshift and actually bring character to the area and have existed in some cases for 40 years. However, there is a huge difference between a makeshift wooden structure that can be destroyed by the slightest of storms and a concrete one that is permanent by its very nature. To that end, I have asked my team to prepare licenc e agreements for those persons at Rocky Hill Park so that their presence can be regulari sed. Mr. Speaker, I also had an opportunity to speak with the developer , who conceded he did not have the requisite approvals and agreed that, al though his intention was to build a public dock for all to use, it had to come down. Mr. Speaker, the demolition works were quic kly put out to tender with invitations sent to the follo wing six contractors: (1) ECM (Building Blocks) ; (2) Crisson Construction; (3) Island Construction; (4) Overnight Construction; (5) Gorham’s MDS ; and (6) Robbie Richardson of Smith Hauling (Richardson). Four of these contractors attended the site meetings, namely , Island Construction Services Ltd., ECM (Building Blocks), Gorham’s MDS and Robbie Richardson (Smith Hauling) , with three of them submitting bids. The three in this instance were Island Construction at $2,200, Gorham’s MDS at $23,288 and Robbie Richar dson (Smith Hauling) at $7,895.35. The government estimate for this demolition was $10,811. So the lowest bidder , Island Construction, was selected. Mr. Speaker, the 14 days eventually passed, and on July 14 th the selected contractor , along with Planning and Estates o fficers , were onsite to commence the demolition of the illegal structure. I would like to thank the Bermuda Police Service, who provi ded support on the day to ensure there were no inc idents. Mr. Speaker, I would like to take this opportunity to remind the public of the basic process for s ecuring approval to construct a boat dock. There may be other factors to consider , but this is the layman’s guide: (1) First, you must seek permission from the Department of Public Lands and Buildings to oc cupy the Queen’s Bottom. (2) T he chief surveyor in the d epartment is the point person, who in turn will assign an Estates surveyor who can guide the applicant through this pr ocess. (3) B efore liaising with the chief surveyor, the applicant will need to provide a plan showing the size and location of where the new dock is to be construc ted. (4) After securing authori sation from the D epartment of Public Lands and Buildings, it is highly recommended that the applicant consult with the D epartment of Marine and Ports to ensure that the new dock will not interfere with existing moorings or be a hazard to navigation. The h arbourmaster should be able to provide assistance in this regard. 4414 17 July 2020 Official Hansard Report
Bermuda House of Assembly (5) Authori sation from the Department of Public Lands and Buildings and fro m the Department of Marine and Ports should then be attached to the D evelopment Application Board application and submi tted to the Department of Planning. (6) That form can be found on the Gover nments website at www.gov.bm . (7) If permission is granted, a building permit from the Department of Planning may be required to carry out the actual works. Mr. Speaker, this incident has highlighted a far wider problem with foreshore protection— user permission and, of course, outstanding government revenue. This is the start , as I have tasked the team in the Estates Department to carry out a full assessment of all foreshore encroachments with the objective of preparing a full report and a plan of action with recommendations for sorting this issue out. Our Estates Team estimates that there are around 552 foreshores that either have illegal docks or docks due for renewal. Although this seems like a large number, the Ministry will be t aking the necessary action to address any illegal structures similar to that taken at Rocky Hill Park. There are several that have been approved and are legal structures , but the ow ners have ignored all requests thus far to sign a lease and pay the fee. Yesterday I signed a Correspon dence Before Action to the first identified owner who falls into this category . An excerpt from that letter follows : “By this le tter, this Ministry is offering you the opportunity to regularise your occupation by the 31 st of July 2020 by completing the lease and paying the agreed premium. Please note that if you do not take the action required in paragraph 5 above within the timelines set, the Government would have no option but to take concrete steps to safeguard its interests by either issuing trespass proceedings in court against you or causing any developments on the encroached foreshore to be demolished without recourse to you and seek the cost for having to do so.” Mr. Speaker, let me clarify that not all for eshore developments are illegal , as many members of the public have already entered into formal agree-ments with the Government and legally occupy the foreshore. However, the Ministry is aware that there are a number of unapproved or unlicensed foreshore encroachments. This cannot be tolerated. A nd we e ncourage anyone without a formal agreement to occ upy the foreshore to contact the Estates Department within the Ministry immediately in order to take corrective steps to deal with any unauthori sed occupation before the Min istry takes the necessary action to r eclaim its land. Mr. Speaker, I think it is safe to say that we are serious about addressing all the outstanding for eshore matters , and our actions this week at Rocky Hill Park should leave no one in any doubt about our d e-termination to respond decisively to those who willingly flout the law. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Would you like to do your second Statement?
The SpeakerThe SpeakerContinu e. BERMUDA HOUSING TRUST AUDITED FINANCIAL STATEMENTS
Lt. Col. Hon. David A. BurchI am pleased to table the Bermuda Housing Trust [the Trust] Audited F inancial Statements for the year ended March 31st, 2019. The Trust is in a healthy financial position and is up to date with their annual audit, having received an u nqualified opinion from their auditors. Mr. Speaker, …
I am pleased to table the Bermuda Housing Trust [the Trust] Audited F inancial Statements for the year ended March 31st, 2019. The Trust is in a healthy financial position and is up to date with their annual audit, having received an u nqualified opinion from their auditors. Mr. Speaker, for the sixth consecutive year, the Bermuda Housing Trust has received a clean and unqualified financial audit. For those who may not be aware, an unqualified audit means that financial statements are fairly and appropriately presented without any identified exceptions and in compliance with generally accepted accounting principles. This also means that by all appearances the Trust is in a healthy and strong financial position. The Trust’s financial position strengthened during the year while servicing its long- term debt. Cash and cash equi valents increased by 43 per cent on account of sale of portfolio investments in local companies, while accounts receivable, primarily co nsisting of receivables from rental units, declined by 26 per cent. The Trust also saw rental revenue i ncrease by 1 per cent in the year , with total revenue increasing by 21 per cent on account of the realised gain on sale of investments, as well as other contributions. Capping off a good performance was less expenditure in general administration and other expenses, which r esulted in lower total expenditure compared to budget of 9 per cent. Overall, the surplus for the year was 116 per cent higher than the prior year and 209 per cent higher than budget. Mr. Speaker, the Trust continues to pay down on the $12.5 million loan that was taken out in 2006 to fund the construction of the Dr. Cann Park at Rock away in Southampton. This loan balance currently stands at $6 million. Mr. Speaker, the Trust also maintains a maintenance fund for any unexpected expenses that may occur wit h properties, some that date back to the 1960s and 1970s. Mr. Speaker, the Trust manages five properties from east to west, of approximately 180 units that are home to more than 200 of our Island’s seniors. These are rental accommodations that provide a sense of community for Bermuda’s seniors, but also
Bermuda House of Assembly provide them with a respectable and meaningful qual ity of life whilst still affording them their independence. As a result, Mr. Speaker, there is a constant demand for this type of accommodation, and the T rust actually has a waiting list that consistently floats around 50 in number. At present the Bermuda Housing Trust is nearing completion of the conversion and renovation of a former US Navy home at Ferguson Park. This home has been transformed into two units, which will be made available to deserving seniors. This is signi ficant for two reasons, Mr. Speaker. First, it represents a public/private partnership initiative with the Gover nment. Through the auspices of the Bermuda Housing Corporation [BHC], the Trust received technical exper-tise to oversee the project free of charge. BHC Project Manager, Mr. Keino Furbert -Jacobs, managed the entire project from its initial conceptual drawings to the current construction phase. Secondly, Mr. Speaker, the Trust i ntends to utilise this model, both the actual units and the pu blic/private partnership that has developed, to serve as a basis for future fundraising as it looks to develop other properties in an effort to meet the need of Bermuda’s largest -growing demographic, our beloved seniors. Mr. Speaker, I am further pleased to report that the [Bermuda] Housing Trust and our near 200 residents weathered and continue to weather well the challenges presented by the COVID -19 pandemic. Even though this group of seniors are capable of living independently and do so quite well, the trustees stepped in and went far beyond their legislated man-date as landlords. They wanted to ensure that the residents were as safe as possible, and this included but was not limited to fundin g the purchase and delivery of groceries so as to obviate where possible [the res idents’] movement within the community, particularly during the height of the shelter in place. Mr. Speaker, there was also a very generous anonymous donor who, along with t he Community Emergency Fund, made the purchasing and delivery of groceries possible. In addition, Ignite and Rugged Rentals both offered their services at a discounted rate, and there were many community organisations who provided meals and other services. And to all of them, I say a huge thank -you. I would also like to extend my appreciation to the seniors for the manner in which they have conducted themselves and for follo wing all of the required protocols during this challenge because, to date, Mr. Speak er, we have no reported cases of COVID -19 amongst this group. Mr. Speaker, none of this would be possible without diligent and prudent management, and I must take this opportunity to also acknowledge and thank the Chairman of the Bermuda Housing Trust, Mr. John Barritt; and his Deputy, Senator Vance Campbell; as well as their fellow committed directors, Mr. Anthony Mouchette, Mr. Daniel Robinson, Ms. Rochelle S i-mons, Ms. Geraldine Smith, Mr. Juan Smith, Mr. Scott Stewart, Mr. Bruce Wilkie, and Mrs. Cheryl Pooley - Alves. In addition to those board members, it would be remiss of me not to express my gratitude and thanks to Ms. Sharon Smith, Office Administrator, and the one full -time employee of the Trust, along with part - time staff, Ms. Judy Knights, Ms. Rho nda SmithSimmons and Mr. Gordon Johnson, all of whom went above and beyond the call of duty during this pandemic. Mr. Speaker, I have every confidence that this dedicated team will continue to manage the Bermuda Housing Trust with efficiency and an ever -abiding commitment to the welfare of our seniors. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister, for your two Statements. The next Statement this morning is in the name of the Minister of Finance. Minister of Finance, would you like to do your Statement? Hon. Curtis L. Dickinson: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. PUBLIC REGISTERS OF BENEFICIAL OWNERSHIP Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of this Ministerial Statement is to provide the House of Assembly with a progress report regarding matters related to public access to beneficial ownership infor-mation for companies. Mr. Speaker, Bermuda has a strong reput …
Go right ahead.
PUBLIC REGISTERS OF BENEFICIAL OWNERSHIP
Hon. Curtis L. Dickinson: Mr. Speaker, the purpose of this Ministerial Statement is to provide the House of Assembly with a progress report regarding matters related to public access to beneficial ownership infor-mation for companies. Mr. Speaker, Bermuda has a strong reput ation for high levels of transparency in business prac-tices, as well as high levels of compliance in international cooperation. Today legal and beneficial ownership information for companies is currently recorded and disclosed in Bermuda via a company’s share re gister, through information given to the Bermuda Mon etary Authority and the Registrar of Companies, and under certain disclosure obligations which apply to listed companies. Other requirements to collect beneficial ownership information are set out un der Berm uda’s anti -money laundering and counterterrorism f inancing framework, as well as the tax information exchange framework. The results of previous regulatory, tax and anti -money laundering and anti -terrorism f inancing assessments have demonstrated th e quality of the elements of the framework. Mr. Speaker, presently there are no global standards that require public registers of beneficial ownership information for companies to be adopted. However, as with all external risks, it is often neces-sary for the country’s business to be managed in some way between the development of international standards and standards set down by key trading 4416 17 July 2020 Official Hansard Report
Bermuda House of Assembly partners and international bodies. In such cases, it is common for the Government of Bermuda to respond to the risk posed by the introduction or pending intr oduction of new standards. Mr. Speaker, the background to the public register access to beneficial ownership policy is a seemingly unending series of events, each of which has a meaningful impact on Bermuda. I full y accept that it is important for the Government of the day to own this matter completely. It is also important for Honourable Members to have a full knowledge and understanding of Bermuda’s history in this area. Mr. Speaker, policy analysis is a process, and improving it needs to be approached with the same discipline as any other process. There needs to be a comprehensive understanding of the matter at hand and a clear understanding of how it is performing. A ccordingly, Mr. Speaker, Honourable Members wi ll be aware that on this matter various policy responses have been made by different Governments of Berm uda to different external parties at different points in time, as the threat has evolved over time. Mr. Speaker, I set out as follows a summary of the public access to beneficial ownership information policy decision track starting from the 2013 Bermuda G7 (formerly G8) Beneficial Ownership A ction Plan and ending with the EU Council’s Concl usions on the revised EU list of non- cooperative juri sdictions, dated 18 February 2020. None of this information is meant to imply that governments of the day did not make the right choice for Bermuda. Instead it will demonstrate that Bermuda did not choose to wait for a crisis to appear before altering course. The 2013 Bermuda G7 (formerly G8) Benef icial Ownership Action Plan. Mr. Speaker, under the Bermuda G7 Plan, the then- Government of Bermuda committed to review and update mechanisms for do-mestic and international cooperation in compliance with international standards, including in relation to the timely and effective exchange of beneficial ownership. The statement was published on the 31 st of July 2013. The 2014 G20 High Level Principles on Beneficial Ownership Transparency (otherwise known as “the G20 Principles”). Mr. Speaker, there was no r equirement to give a new commitment, as Principle 4 of the G20 Principles did not impose a requirement on countries to put in place public registers of beneficial ownership for companies. The G20 Principles remain unchanged. In 2016, the Exchange of Notes between the Government of the United Kingdom and the Gover nment of Bermuda in respect of the sharing of benef icial ownership information. The Exchange of Notes requires the participants to hold adequate, accurate and current beneficial ownership information for cor-porate and legal entities on a secured central dat abase and/or similarly effective arrangement. Par agraph 7 of the Technical Protocol to the Exchange of Notes requires the designated point of contact (in this case, the Bermuda Monetary Authority) to provide the information within 24 hours of the submission of a r equest for information unless it is notified that the r equest for information is urgent, in which case the A uthority is required to provide the information sought of it within one hour. Mr. Speaker, the Exchange of Notes was signed on the 9 th of April 2016. The r equirement to put in place a public register of beneficial ownership for companies was addressed by the E xchange of Notes at that time. The 2016 Com mitment Letter, a commitment to exchange beneficial ownership information on an automatic basis with the rest of the world. Bermuda’s commitment is set down in correspondence issued by the Government of Bermuda to the Chancellor of the Exchequer dated the 9 th of May 2016. The Commi tment Letter outlines the Government’s commitment to enter into an agreement with the relevant parties to exchange beneficial ownership information on an a utomatic basis subject to certain conditions, including the adoption of glo bal standards. This commitment letter was signed within 45 days of the UK Exchange of Notes mentioned earlier, ahead of the May 2016 UK Anti -Corruption Summit. The 2018 Commitment Letter, Government of Bermuda to the Chair of the EU Code of Conduct (Busin ess Taxation) Group. In 2018, the present Go vernment sent correspondence to the EU as part of the communication related to the EU’s requirements being imposed on low -tax jurisdictions, which included the following: • Bermuda will work with the EU to achieve its objective on beneficial ownership. • Bermuda will work with the EU to implement a beneficial ownership regime in a time frame similar to the time frame given to the EU Member States to implement the 5 th AntiMoney Laundering Directive. • Bermuda is keen t o work with the EU in the examination of all options that may be of i nterest to the EU, including the current agreement for exchange of beneficial ownership i nformation between the UK and its Crown D ependencies [CDs] and Overseas Territories. This correspondence was signed on the 28th of December 2018. Mr. Speaker, in 2019 and again in the first quarter of 2020, in r elation to delisting decisions in the area of tax compliance, the Council of the EU reaffirmed its commitment to address matters related to beneficial ownership and reiterated its invitation to the Code of Conduct Group to finalise discussions in this area. Mr. Speaker, the underlying problem that some are facing, at least from the policy response perspective, is that there may not be a clear understanding that the class and nature of threats that we are facing have continued to change. That is a natural human tendency. Mr. Speaker, further to the foregoBermuda House of Assembly ing, the issue of public access to beneficial ownership information for companies is also addressed by the UK Sanctions and Anti -Money Laundering Act of 2018 [the UK Act], which compels the Overseas Territories to establish public registers of beneficial ownership information for companies by 2023. Mr. Speaker, Honourable Members would be awar e that the Government of Bermuda published the Bermuda commitment on the 12 th of July 2020, while the CDs and the Cayman Islands published their commitments on the 19th of June 2019 and the 8th of October 2019, respectively. It also should be noted that al l other Overseas Territories except the British Virgin Islands have committed to greater transparency by announcing they will establish publicly accessible registers of company beneficial ownership. Mr. Speaker, given the complexities related to the ongoing developments surrounding this issue, there have been ongoing discussions within Cabinet. Resultingly, it was agreed that there would be, in the first instance, consultation with key stakeholders on this matter. Accordingly, the Ministry of Finance met with certain members of the financial services and intermediation sectors on the 6 th of November 2019 to brief them on the latest developments with regard to public access to beneficial ownership. Also discussed at this meeting were options for considerati on in rel ation to an appropriate public communique consistent with the Bermuda brand once it was determined that Bermuda should put in place a publicly accessible register of beneficial ownership. Follow -up discussions were held in April of this year, and I can advise that the general consensus of the majority of stak eholders was that Government should make an appr opriate commitment in line with the other jurisdictions. Mr. Speaker, building on the strength and positive impact of Bermuda’s reputation and Berm uda’s 70- year beneficial ownership information fram ework, the objective of our statement to make the companies central register of beneficial ownership information accessible to the public was to further underpin our commitment to ensure that Bermuda r emains a jurisdiction of choice for quality and compliant bus iness. The fact that Bermuda has had a central regi ster for such an extended period when even now it is not part of the global standard demonstrates that we have always been committed to leading by example in relation to transparency and by actively engaging with our international partners in respect of beneficial ow nership and transparency. We will continue to work with international bodies and other jurisdictions in respect of standards relating to corporate transparency and information exchange mechanisms, and sharing i nformation on Bermuda’s approach and experiences. Mr. Speaker, failure to acknowledge that there is more than one way to successfully execute a policy response is not the Bermuda way. Executing policy successfully requires tough and often uncomfortable choices based on clear principles. As with each of the commitments and/or the agreements discussed earl ier, Honourable Members should be aware that this policy was designed with al l of Bermuda in mind. Therefore, the commitment made appropriately r eflects the requirements that the EU has already i mposed on its own members and on which action is already required. Mr. Speaker, bearing in mind the threats that we currently face, this decision allows the Gover nment to focus on key issues that underpin this dec ision. Mr. Speaker, we are here because this is where we need to be as a top- tier high- quality jurisdiction, ever mindful of the changing landscape. We must now start the work nec essary to create the legislative, inst itutional and operational framework that is sufficiently robust and appropriate, and that contains all the necessary checks and balances. Accordingly, in the coming weeks the Ministry will meet with our colleagues at the Bermuda Monetary Authority and the Registrar of Companies as we move forward with this important initiative. We are aware that this issue has various levels of complexity, and we will have further consult ation with our industry partners in order to set the framework for public access to beneficial ownership for companies. Mr. Speaker, in closing, I would like to thank all of those persons within the Ministry of Finance, Registrar of Companies, the Bermuda Monetary A uthority and our industry partners who have assisted with this matter. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister, I believe the next Statement is yours as well. Would you like to continue? Hon. Curtis L. Dickinson: Thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahe ad. GOVERNMENT LOANS AMENDMENT —DEBT CEILING INCREASE Hon. Curtis L. Dickinson: Mr. Speaker, I rise this morning to inform this Honourable House of the status of the government borrowing and the requirements to increase the authorised debt ceiling. The Bermuda Government’s borrowing activity is conducted in accordance …
Go right ahe ad.
GOVERNMENT LOANS AMENDMENT —DEBT CEILING INCREASE Hon. Curtis L. Dickinson: Mr. Speaker, I rise this morning to inform this Honourable House of the status of the government borrowing and the requirements to increase the authorised debt ceiling. The Bermuda Government’s borrowing activity is conducted in accordance with the requirements of the Government Loans Act 1978, which sets a legal limit on loan and loan guarantees. Accordingly, later this morning I will table an amendment to the Government Loans Act of 1978 to increase the debt ceiling by $600 million to $3.5 billion. Mr. Speaker, when this Government took office in July of 2017, net debt stood at $2.397 billion and the debt ceiling at $2.5 billion. We came in with a focus on prudently managing the country’s finances on behalf of the people of Bermuda and committed ourselves to a strategy of not increasing the debt cei l4418 17 July 2020 Official Hansard Report
Bermuda House of Assembly ing. We were successful in honouring that commi tment in the 2017/18 and 2018/19 fiscal years and were on track to do so again in fiscal 2019/2020. Unfortunately, Mr. Speaker, in July 2019, in anticipation of borrowings to fund the purchase of i ndebtedness related to the guarantees associated with the stalled Caroline Bay project, the debt ceiling was increased by $250 million to $2.75 billion. Government subsequently entered into a $200 million short -term credit facility with local financial institutions to (i) pur-chase the project’ s tranche B and tranche C loans, (ii) acquire the claims of the project’s general contractor and local subcontractors, (iii) fund expenses associated with implementing a remediation plan to protect the physical assets on the site, and (iv) fund expenses associated with professional advisers. Mr. Speaker, at the end of March 2020, net debt stood at $2.68 billion, an increase of approx imately $280 million over the July 2017 balance. Mr. Speaker, it is important to put this increase in add itional indebtednes s into its proper context and set out for Honourable Members the primary components of this increase: • Approximately $187.0 million related to pa yment of obligations under the Caroline Bay project guarantees and related costs; • $64.2 million related to the f unding of the 2018/19 Sinking Fund contribution; and • the remainder to finance capital expenditures in fiscal years 2017/18, 2018/19 and 2019/20. 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. Mr. Speaker, in April 2020, in anticip ation of the negative impacts of the COVID -19 pandemic, the Government raised the debt ceiling a further $150 mi llion to $2.9 billion to ensure that it had the necessary liquidity to fund a variety of public health and emergency financial measures to support Bermuda’s peo-ple and economy. In May of 2020 the Government entered into a $150 million credit facility with local f inancial institutions. To date, approximately $80 million of this facility has been drawn to fund emergency measures associated with COVI D-19. Mr. Speaker, I can now advise Honourable Members that the Government intends to conduct a public bond issuance in the international capital markets. The [gross] proceeds to be raised will depend on market conditions, but may be in the range of $1 bi llion to $1.25 billion. Mr. Speaker, the proceeds from the sale of the contemplated bond issuance are i ntended to be used, among other things, to (i) finance the anticipated deficits for fiscal years 2020/21, 2021/22 and 2022/23; (ii) refinance the credit facility associated with the Caroline Bay project; (iii) refinance the credit facilities associated with general liquidity needs and the COVID -19 emergency measures; and (iv) depending on market conditions, liability manage tranches of existing indebtednes s. 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, the proposed amendment will provide for the authority of the Government to borro w 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. Mr. Speaker, in closing, Government remains committed to prudent and sensible borrowing. This borrowing strategy will allow the Government to lock in historically low rates, potentially reduce our interest expense on some of our current bonds and take advantage of strong current global demand for inves tment -grade assets. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Minister with a Statement this mor ning is Minister Foggo. Minister Foggo, would you like to present your Statement? CUP MATCH AND EMANCIPATION CELEBRATIONS 2020 Hon. Lovitta F. Foggo: Yes. Thank you, Mr. Speaker. Good morning to my honourable colleagues, good morning to the listening …
Thank you, Minister. The next Minister with a Statement this mor ning is Minister Foggo. Minister Foggo, would you like to present your Statement?
CUP MATCH AND EMANCIPATION CELEBRATIONS 2020 Hon. Lovitta F. Foggo: Yes. Thank you, Mr. Speaker. Good morning to my honourable colleagues, good morning to the listening public, and good morning to you, Mr. Speaker. Mr. Speaker, based on how this pandemic is ravaging communities across the globe, it is no surprise that our beloved Cup Match was cancelled this year. However, Mr. Speaker, despite o ur disappointment, we saw this as an opportunity for the Depar tment of Community and Cultural Affairs to focus on the crux and true meaning of the holiday. The eman-cipation of enslaved Bermudians is in fact the origin of Cup Match, and, despite the current limitations on s ocial gatherings, our ability and desire to celebrate that origin is a signal of the deep roots of our culture and heritage. Mr. Speaker, particularly now during this time of shared sacrifice and shared responsibility, the D epartment has placed a focus on partnering with ind ividuals, organisations and community groups to support and highlight not only the work that is being done in our community, but also those that have historically supported our celebrations and commemorations of Cup Match and Emancipation. This year the most si gnificant collaboration is visible in our partnership with Somerset Cricket Club and St. George’s Cricket Club. We have worked closely with Mr. Vashun Blanchette
Bermuda House of Assembly and Mr. Neil Paynter to develop a series of events that have been endorsed by the clubs as our signature programme for the holiday. Additionally, Mr. Speaker, the Department of Community and Cultural Affairs is working with cric keters, historians, Bermemes, Libraries and Archives, CITV, Method Media, tour operators, musicians and Friendly Societies to provide opportunities for the public to learn about the connections between Mary Prince’s narrative published in 1831, Emancipation on the 1st of August 1834, our first Cup Match in 1902, the establishment of the Cup Match holiday in 1947, and of special significance this year, the establis hment of Mary Prince Day in 2020. It is clear that this observation has evolved over the years, but one thing has remained constant: No matter how it is celebrated amongst our citizenry from year to year, this remains our most culturally significant holiday, and we were determined that this year should be no different. Mr. Speaker, in terms of educating our public about our history, Mrs. Shirley Pearman will tell us on July 21 st about how the public art that we see on a daily basis throughout the City of Hamilton tells a larger story of African –Bermudian resistance. There is also the opportunity to tune in to a webinar on J uly 23 rd, hosted by Titan Express and featuring Rashida Godwin, as she tells the stories of Emancipation gifted to us by Mary Prince and the Friendly Societies. There will be a socially distanced walking tour exploring Bermuda’s Black Mecca from Princess Street to Union Street, narrated by Mr. Charles Jeffers on July 25 th. This provides an ideal opportunity to learn more about this area of African– Bermudian economic empowerment. The historical jewel in the crown will be a lecture by Dr. Clarence V. H. Maxwell, made available to the public on our very first Mary Prince Day, as he talks about our eminent National Hero’s struggle for freedom. Dr. Maxwell will follow this talk with another the following week on August 8th, a webinar hosted by the Department of Libraries and Archives in collabor ation with the Dep artment of Community and Cultural Affairs, which will also feature Dr. Theodore Francis II speaking about Black resistance, and Dr. Quito Swan speaking about the Black Power movement. Mr. Speaker, for those who want to know more about Cup Match and our s porting legacy from cricketers both current and seasoned, there will be a series of conversations and interviews hosted on CITV. We will release a full schedule in the lead- up to the holiday. We are also excited to partner with Met hod Media, who will provi de a series of interviews that will give us the flavour of Cup Match, tapping into the heart and soul of why this holiday is one of our very favourites. Mr. Speaker, Cup Match would not be Cup Match without a nod to at least some of the celebrat ory parts of the holiday. Bermemes and the Department of Community and Cultural Affairs are teaming up for a virtual Cup Match celebration. We will not spoil the fun by giving out all of the details at this time, but rest assured this is not to be missed. The Depart ment of Community and Cultural Affairs will also be organising an Emancipation Tribute Concert in collaboration with Bermemes, made available online as well as via CITV to the public on Mary Prince Day. We will announce the line- up at a later date, but I c an guarantee that tuning in will be a very special way to spend the second day of our holiday. Mr. Speaker, details for all of the information I have provided today are available on the Department of Community and Cultural Affairs website, at www.communityandculture.bm . I encourage the public to take full advantage of the many and varied offerings and to celebrate the holiday safely. Mr. Speaker, in February of this year this Honourable House approved an amendment to the Public Holidays Act 1947 to rename the second day of Cup Match from Somers Day to Mary Prince Day. Mr. Speaker, at that time I advised this Honourable House that our National Hero, Mary Prince, is recognised on the world stage for the crucial role she played in the abolition of slavery throughout the British Empire by telling the painful story of her life as an enslaved person. It was only fitting that the second day of Cup Match be renamed for her. Mr. Speaker, it is also fitting that we provide a suitable location for education and reflection not only on the legacy of Mary Prince but those who have followed her in pursuing social justice and chan ge in Bermuda, with the intention of inspiring those yet to come. To that end the Department of Community and Cultural Affairs assembled an advisory committee comprising technical officers from the Department of Environment and Natural Resources, the Depar tment of Public Lands and Buildings and the Ministry of E ducation, as well as experts within Bermuda’s visual arts community and members of the Community and Cultural Affairs Department’s Emancipation Commi ttee to consider a suitable site related to Mary P rince. Mr. Speaker, the committee considered a number of sites and, based on their detailed recommendations, Devonshire Bay Park was determined as the most appropriate site. Mary Prince was born in Brackish Pond. Brackish Pond was the colloquial name at that time for the parish of Devonshire, and most of the houses where she was enslaved were also in Devonshire. This site not only reflects her con-nection to Devonshire, but the park’s good access, central location, tranquillity, and proximity to the ocean facing south (as an acknowledgement of the parts of her life spent in the Caribbean) provide an ideal loc ation to commemorate Mary Prince. Mr. Speaker, to this end I am pleased to announce that with the support of my honourable col-league, Lieutenant Colonel Burch, Minister of Public Works, and the Parks Commission that Devonshire Bay Park will be renamed as “ Mary Prince Emancipa4420 17 July 2020 Official Hansard Report
Bermuda House of Assembly tion Park .” Mr. Speaker, we will shortly begin a pr ocess of public consultation on the design and siting of a suitable monument i n the park to recognise Mary Prince and provide a focal point for the public to visit and reflect not only on her life, but the quest for social justice that continues to this day. Mr. Speaker, in closing, I would be remiss in a statement regarding the i mportance of the history and heritage of Black Bermudians if I did not once again publicly acknowledge the loss of activist Dr. Eva Hodgson and, most recently, film legend Mr. Earl Cameron. Both fought against racism and segregation in totally different wa ys, and our narrative of who we are as a people is much, much richer with these two giants as part of our cultural tapestry. Mr. Speaker, I thank you.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Edu cation. Minister [R abain]. Hon. Diallo V. S. Rabain: Good morning, Mr. Speaker. Can you hear me?
The SpeakerThe SpeakerGood morning. Hon. Diallo V. S. Rabain: Good morning, Mr. Speaker. Can you hear me?
The SpeakerThe SpeakerYes. We hear you loud and clear. Hon. Diallo V. S. Rabain: Okay. Thank you.
The SpeakerThe SpeakerAnd we also see you. [Laughter] COVID -19—SCHOOL REOPENING PLANS FOR SEPTEMBER 2020 Hon. Diallo V. S. Rabain: Good morning. Mr. Speaker, this morning I rise to provide my honourable colleagues with a further update on the Department of Education’s school reopening plans for September 2020 and to confirm the …
And we also see you.
[Laughter]
COVID -19—SCHOOL REOPENING PLANS FOR SEPTEMBER 2020 Hon. Diallo V. S. Rabain: Good morning. Mr. Speaker, this morning I rise to provide my honourable colleagues with a further update on the Department of Education’s school reopening plans for September 2020 and to confirm the completion of the earlier planning work that I share d with my honourable co lleagues two months ago in May 2020. Mr. Speaker, we are all aware that COVID -19 is still very present with us and will be around in the months ahead. With this in mind, opening our public schools safely and being able to stay open require the careful and thorough planning. The good news is that the reopening of schools safely is possible and has been achieved in countries such as Hong Kong, Taiwan, Denmark and others. Additionally, the reopening of schools is strongly supported by the fraternities of paediatricians both locally and overseas. Therefore, Mr. Speaker, I am pleased to share that technical officers in the Department of Education have worked assiduously during the past months to develop a COVID -19 System School Reopening Plan for recei ving children in September 2020. As a result of this work, all school buildings will be open. Mr. Speaker, you will recall that back in May I gave a report that the prep work being undertaken for the reopening of our public schools involved the development of a system plan comprising four components: 1. planning for reopening; 2. preparation of school buildings; 3. recovery to transition staff and students back into normalcy; and 4. implementation of a hybrid learning model.
Mr. Speaker, let me first s peak on the reopening component. Again, in light of COVID -19, signif icant time and effort was put into developing the sp ecific safety and health protocols for every public school level. The department has observed several comments and questions in the vari ous social media platforms, and received many queries asking, What will our public schools look like in September? Parents want to know, how will children be kept safe and what is planned for physical distancing? Mr. Speaker, due to the heightened concern, I felt the need to prepare a separate Statement on just the safety and health protocols for the public school system, to provide our parents, guardians and the general public with an in- depth account of the extensive detail officers in the Department of Education and Health have taken into consideration to ensure the safety of our public school students is a priority. I will read that Statement next. Mr. Speaker, the physical preparation of our school buildings was another significant component of syste m planning. Since the closure of schools back in March, our school custodians have consistently worked towards maintaining the cleanliness of the schools, ventilating the school buildings, and impl ementing the deep cleaning and sanitising processes. Howeve r, in May, during the building walkthrough pretesting of the safety and health protocols, the teams discovered that many classrooms were cluttered with items not appropriate for classroom environments. Also, many items in classrooms had the potential to adversely impact the air quality and were taking up much -needed space. To rectify this, school staff were required to declutter classrooms to meet basic safety and health guidelines. Subsequently, inspections were carried out at the end of the school year at all 36 school sites to ensure adherence to these guidelines. Mr. Speaker, to start the school reopening process, in August all schools will be deep cleaned once again and inspected, using a standardised i nspection form. Water tanks at all schools will be chl orinated to ensure the water supply is safe for drinking and washing of hands. Safety and health signs will be posted throughout the school buildings as a constant reminder to staff and students of following safety and
Bermuda House of Assembly health protocols. Custodians wi ll follow a daily clea ning and sanitising regime developed by the Depar tment of Health. In instances where there are staff shortages for cleaning, daytime cleaners will be hired to fulfil the need of frequent sanitising and cleaning. As such, the Department of Education will be collaborating with the Department of Workforce Development to secure cleaners for these schools. An adequate supply of cleaning supplies and hygiene essentials for staff and students has been secured and will be avai lable at the star t of the school year in September. Mr. Speaker, setting up classrooms in compl iance with physical distancing protocols has meant that schools needed to find additional spaces to hold classes. All students’ and teachers’ desks were rear-ranged, and classrooms were reconfigured to align with the physical distancing protocol of six feet. This meant that a classroom that held 20 students prev iously now only holds 10 students with physical di stancing. Therefore, two classroom spaces will be needed instead of one. This reconfiguration of the school’s physical environment will impact what lear ning looks like in September. For example, a teacher who is teaching the class may be face to face with one group, while the other group that is physically onsite in another room accesses the lesson remotely under the supervision of another qualified teacher. This reconfiguration will require the depar tment to increase the number of teachers onsite. Some of our schools will be using common areas for teac hing, such as the assembly hall, computer lab, art room, music room, learning support room and reading room. However, Mr. Speaker, the Department of Edu-cation has not ruled out the possibility of implementing a rotational schedule for attending school, particularly for our older students in the upper middle and senior school levels. Additionally, as guidelines are evolving worldwide, the department is looking at the potential of installing plexiglass shields on students’ individual desks at the primary level. This has proven to reduce the amount of space needed between students in the classroom and allow for all children to be in the same class. Mr. Speaker, I will shift from school building preparation to the fourth component in the School R eopening System Plan and provide det ails of the hybrid learning model that will be implemented in our schools. When the doors of public schools open for staff on September 1 st, 2020, they will participate in meetings and workshops that will focus on expanding information shared during the en d-of-year June wor kshops. Some of the workshops held include the following: • how to create a well -structured online lesson; • keeping students engaged in remote lessons; • formative assessment tools for remote lear ning; • Schoology; and • G-Suite. These workshops w ere specifically chosen and designed to equip staff with skills needed for a hybrid learning model in September, and are being offered again during the summer months July and A ugust, in addition to workshops for mathematics, STEAM and PowerSchool. The hybrid learning model is one which i nvolves in -classroom (or face to face) instruction and remote learning for students and was chosen to accommodate extremely vulnerable staff and students who require shielding and who cannot go into school buildings. Staff and students who fall in this category will be teaching and learning remotely. Mr. Speaker, the hybrid learning model r equires staff and students to be in possession of laptops, and the school site will be equipped with the technology to support remote l earning. All schools have had their bandwidth increased. Middle and senior schools have Wi -Fi that can be accessed from anywhere in the building. And this summer the Wi -Fi availability in the remaining schools will be expanded for schoolwide access. Additi onally, this summer, IT staff will be replacing LCD projectors and ensuring smartboards can be used for displaying projected content and the faces of students accessing learning via remote platforms. The department is securing additional laptops with the aim of having all laptops and contracts ready for staff and students to sign, onsite at schools, by the last week of August. Additionally, school days have been adjusted to accommodate the daily safety and health protocols that will be followed, and to im plement staff and st udent wellness activities. Schools will allocate 30 minutes every morning for entry procedures, which will involve taking students’ temperatures, guiding students through handwashing and other safety pr otocols before they arrive in thei r respective clas srooms. This schedule will also include a staff and st udent morning and afternoon wellness break to support staff and student well -being. Mr. Speaker, let me close by saying that to effectively support the reopening of schools in Se ptember 2020, a comprehensive communication plan and strategy will be implemented during the months of July and August. Communication is an area the D epartment of Education recognises the need to e nhance with our stakeholders. A communication plan has been developed that incorporates using a broad range of social media, [as well as] digital, online and media platforms. This will occur to ensure parents have sufficient information well in advance of Sep-tember to understand what the reopening of public schools wil l involve for their children. Mr. Speaker, we encourage our educational family to continue to use the BPSS Family Feedback form to send in their questions, concerns and kudos about the work taking place in our schools and at the Department of Education. Thank you, Mr. Speaker.
4422 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Minister. Minister, the second Statement is in your name. Would you like to do that one now as well?
Hon. Diallo V. S. Rabain: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerContinue right ahead. COVID -19—ENTRY AND EXIT SAFETY & HEALTH PROTOCOLS FOR THE PUBLIC SCHOOL SYSTEM Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise to provide my honourable colleagues with an u pdate on the COVID -19 Entry and Exit Safety & Health Protocols that have been …
Continue right ahead.
COVID -19—ENTRY AND EXIT SAFETY & HEALTH PROTOCOLS FOR THE PUBLIC SCHOOL SYSTEM
Hon. Diallo V. S. Rabain: Mr. Speaker, this morning I rise to provide my honourable colleagues with an u pdate on the COVID -19 Entry and Exit Safety & Health Protocols that have been developed for our public schools and which are now ready for implementation at the start of the upcoming school year. Mr. Speaker, children are at the foref ront of everything that we do at the Department of Education. The COVID -19 pandemic has made the safety of st udents and staff even more paramount. When our public schools reopen in September 2020, the safety, health and well -being of all students and staff will r emain our priority. Oftentimes, it is not known the extent of work required for developing new systems, processes and procedures. So this morning I plan to share with my honourable colleagues and the general public the detailed work and careful attention that was given when developing the entry and exit protocols for our public school buildings. Mr. Speaker, during the Shelter in Place quarantine back in April this year, the Commissioner of Education reached out to the technical officers in the Department of Health to seek their lead with developing safety and health protocols for all of our pu blic schools. Specifically, there was a request for prot ocols for each aspect of a student’s participation in a school day. The intent was for the Department of Education to know what safety and health procedures would be required from the time a student arrives at the school premises —enters the school building, walks to their classroom, participates in class lessons, visits the bathroom, goes to lunch—to leavi ng at the end of the school day. In essence, Mr. Speaker, a student’s movement on a typical day was tracked, and then a protocol was designed around that movement. Also, the aim was to develop an Entry to Exit Safety and Health Protocol for each school le vel— preschool, primary, middle, senior, and also our special school, Dame Marjorie Bean Hope Academy (also known as DAME). Mr. Speaker, during the shelter in place quarantine, principals from each school level worked t ogether with their staff and were tasked to provide i nformation in response to the following questions due to COVID -19: 1. What are the risks associated with being i nside of school buildings? 2. How can these risks be mitigated? 3. What would be required for schools to operate using physical distanci ng? Detailed information was received for all school levels and shared with the technical officers in the Department of Health, who used the information to develop and frame the safety and health protocols. It is important to note that current research, t he input from school staff and the input from health professionals were all key factors and information consi dered. Mr. Speaker, in May the first draft version of Entry to Exit Protocols had been developed for each public school level. The draft protocol s were shared with all school leaders for their initial input and subs equent feedback from their school’s COVID -19 R esponse Team. Several iterations were developed, r eflecting a high degree of thoroughness and diligence to obtain a sound framework of school safety and health protocols. Mr. Speaker, the protocols were pretested for each school level to determine feasibility and pract icality and to get additional feedback on what revisions were needed. A pretesting schedule was established for one full week in May, and teams were asked to do the walkthrough of the protocols at our largest schools at each level. The walkthroughs were held at Warwick Preschool, West Pembroke Primary School, Dellwood Middle School and DAME. The pretesting teams co mprised the Department of Education office staff, D epartment of Health representatives, custodians, school principals, and representatives from all three unions. Mr. Speaker, the development of the health and safety protocols for the senior school level was delayed at that time, as the senior schools were continuing with remote learning for all students. However, the feedback obtained from the pretesting exercise was meaningful and supported the refining of the health and safety school protocol documents. Once the Entr y to Exit Safety and Health Protocols were finalised, each school principal was provided a copy to customise for their respective school building. This process was completed in June 2020 prior to the end of the school term. Mr. Speaker, several Department of Educ ation technical officers, such as school psychologists, curriculum officers, IT technicians, mentor teachers and student services officers, visit our schools on a daily basis to serve both teachers and students. As such, the Department of Health O fficer is currently working on finalising specific safety and health prot ocols for Department of Education technical officers, which will ensure that we cover all bases in ensuring safe school buildings. Mr. Speaker, the Entry to Exit Safety and Health P rotocols are comprehensive documents that reflect the current research, the input of school staff, union representatives and the technical expertise of
Bermuda House of Assembly staff from the Department of Health. The detailed guidance constitutes an appropriate mix of rigour and realism for the educational setting. The protocols aim to 1. provide safety and health guidelines for school operations; 2. keep sick students and staff out of school buildings; and 3. ensure an adequate response when someone is found to be ill on the school premis es. Mr. Speaker, I will now share a few highlights of the entry to exit protocols that were developed. (1) Upon arrival at the schools in the morning, a screening will take place to ensure children are free of symptoms of COVID -19 or any other illness. ( 2) This screening includes temperature checks, a three- point questionnaire and appropriate follow -up measures. (3) Parents will be required to wear face coverings when on the school premises, but will not be allowed into school buildings, to ensure a healt hy and safe “bubble.” (4) A key feature of our safety plan is the use of bubbles consisting of the same group of chi ldren. Children will remain in their bubbles and observe appropriate physical distances. (5) Preschoolers and primary and middle school students are not r equired to wear masks at this time. Mr. Speaker, senior school students will be required to wear face masks while on the school premises. However, students at all school levels who become ill during the school day would be required to wear a mask, if tolerated, and isolated and supervised until they are collected by a parent or guardian. School staff at all levels will be required to wear [face] masks throughout the day while they are on the premises and in the building, including when they are in close contact with children or their colleagues. Mr. Speaker, other protocols include the following: • The installation of signs and floor markings as reminders for the now well -known prevent ative practices —hand hygiene, respiratory h ygiene and phys ical distancing. • School staff will supervise outside play in bubbles consisting of the same group of chi ldren who will be asked to engage in contac tless play and observe appropriate physical distances . • All equipment used by children and staff will be sanit ised before and after use, and chi ldren will not share equipment and supplies . • Staff will be subject to similar restrictions with movement around the school building, and leaving the school facility during the day for appointments will be discouraged. Mr. Speaker, as I shared earlier in this Stat ement, the Entry to Exit Safety and Health protocols were developed for every school level —preschools, primary, middle, senior and our special school DAME. These protocols will be posted on the Education D e-partment’s website at www.moed.bm for access by parents, guardians and the general public. Individual schools will be asked to post the customised protocols on their respective school websites. Developing these protocols was a mammoth task. The Ministry of Education would like to extend our deepest gratitude to Nurse Lynn Jackson and Healthy Schools Coordinator, Ms. Marie Beach, from the Department of Health, for their diligence and the countless hours spent developing the protocols and working with the Commissioner of Education. I also must extend my thanks to Department of Education staff, principals, school staff and union stakeholder s for their contributions to the development of these comprehensive safety and health protocols for our schools and for the protection of staff and students. Mr. Speaker, we encourage our educational family to continue to use the BPSS Family Feedback form to send in their questions, concerns and kudos about the work taking place in our schools and at the Department of Education. Lastly, we encourage our parents and the general public to visit www.moed.bm
to review the COVID -19 Entry to Exit Safety and Health Protocols developed in preparation for the re opening of all school buildings in September 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The last Statement this morning is in the name of the Minister of Labour. Minister Hayward, would you like to present your Statement? Hon. Jason Hayward: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. ONE -YEAR R ESIDENCY CERTIFICATE POLICY Hon. Jason Hayward: Mr. Speaker, I am pleased to announce that the Ministry of Labour will amend the eligibility for a one-year residential certificate to allow persons who are able to work remotely from Bermuda, such as digital nomads, and to allow …
Good morning.
ONE -YEAR R ESIDENCY CERTIFICATE POLICY Hon. Jason Hayward: Mr. Speaker, I am pleased to announce that the Ministry of Labour will amend the eligibility for a one-year residential certificate to allow persons who are able to work remotely from Bermuda, such as digital nomads, and to allow non- Bermudian post-secondary students to complete their higher ed ucation from Bermuda starting August 1, 2020. The cost of this cert ificate is $263. Additionally, the Ministry will also adjust the policy for visitors to the Island by extending the max imum period a visitor may stay in Bermuda from 90 to 180 days. The COVID -19 health crisis had a signif icant impact on the local economy resulting in mass unemployment and decreased economic activity. The Government seeks to offer this new one- year residential certificate to qualifying persons to extend visitor stays in Bermuda and, by doing so, • increase the residential population; • increase economic activity; 4424 17 July 2020 Official Hansard Report
Bermuda House of Assembly • provide greater job security for Bermudians; and • enhance the marketability of Bermuda as a place to reside, visit or do business. Mr. Speaker, there are persons who are loc ation-independent, using technology to perform their job no mat ter where they are. Such persons work r emotely, telecommuting rather than being physically present at a company's headquarters or office. R emote working has been a growing trend for some time, and it is something the Bermuda Government has been examining as part of its technology -focused economic divergence strategy. The trend towards more remote working has been accelerated by COVID -19. These visitors can reside in Bermuda without seeking employment on the Island and will promote economic activity for our country without di splacing Bermudians in the workforce. Mr. Speaker, allowing non- Bermudian post - secondary students to complete their higher education from Bermuda represents an opportunity to build an international student community in Bermuda and e nhance Bermuda’s digital perception by travellers worldwide, which will produce benefits to the local economy. The Government expects the economic benefits to Bermuda of introducing this one- year res idency certificate to include additional economic activ ity in restaurants, hotels and accommodations, [and in] leisure businesses and government departments. It is a step to strengthen the economy which will benefit Bermudians. As the Minister with responsibility for Immigr ation, I have the authority to issue resid ential certif icates under section 32 of the Bermuda Immigration and Protection Act. The policy will require applicants to 1. be over the age of 18; 2. demonstrate good character and not have a conviction for an indictable offence; 3. possess valid health insurance; 4. demonstrate employment with a legitimate firm or their own company registered and operating overseas, which does not operate in Bermuda in the case of a remote worker; 5. provide evidence of enrolment in a research, undergraduate, graduate or doctorate pr ogramme in the case of a student; and 6. demonstrate sufficient means and/or contin uous source of annual income without the need to engage in gainful employment in Bermuda. The Ministry of Labour will collaborate with the Bermuda Tourism Authority and the Bermuda Bus iness Development Agency to communicate this opportunity to the world. Mr. Speaker, the Ministry is working diligently along with the Department of Immigration to launch this one- year residential certificate during the first week of August 2020. It is anticipated that the form will be available for electronic submission, along with all relevant documentation, via the government portal at www.gov.bm on or before August 1, 2020, and that the process will be swift. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Hayward. This actually brings us to the end of the Statements for this morning, and we will now move on. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are no reports of committees. QUESTION PERIOD
The SpeakerThe SpeakerMembers, as you know, the Question Period is 60 minutes. And it is now 11:26. And we have two sets of written questions this morning, which will be done before the questions for the Statements. And the first written question is for the Minister of Finance from MP Dunkley. Both …
Members, as you know, the Question Period is 60 minutes. And it is now 11:26. And we have two sets of written questions this morning, which will be done before the questions for the Statements. And the first written question is for the Minister of Finance from MP Dunkley. Both sets of written questions are asking for an oral reply today. So, MP Dunkley, would you like to put your questions to the Minister of Finance?
Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good morning to you and colleagues. To the Honourable Minister: Will the Honou rable Minister please inform the Honourable House of the individual projects and associated investments the Government has initiated using the Bermuda Infr astructure Fund, since its establishment in 2017?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, the fund commenced operations on A pril 27th of 2018, and has raised approximately $88 million in capital commi tments from limited partners, including the Government of Bermuda. Since its establishment, the Bermuda Infrastructure Fund has concluded on one investment in an electric …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, the fund commenced operations on A pril 27th of 2018, and has raised approximately $88 million in capital commi tments from limited partners, including the Government of Bermuda. Since its establishment, the Bermuda Infrastructure Fund has concluded on one investment in an electric vehicle b usiness. Separately, the fund is currently in advanced discussions regarding two other initial investments, in the telecommunications and food security industries, which in the aggregate will require approximately $50 million of capital inves tment. The thr ee contemplated investments together could create between 60 and 80 full -time positions. In addition, the fund is exploring additional investments in multiple areas of Bermuda’s infrastructure, including but not limited to transportation, water or waste w ater, health care and energy.
The SpeakerThe SpeakerThank you. Is there any supplementary? B ermuda House of Assembly SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes. Thank you. Supplementary to the Honourable Minister: I appreciate the update. My question specifically related to individual projects and associated investments the Bermuda Government has initiated with the Bermuda Infrastructure Fund. The overview …
Thank you. Is there any supplementary?
B ermuda House of Assembly SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes. Thank you. Supplementary to the Honourable Minister: I appreciate the update. My question specifically related to individual projects and associated investments the Bermuda Government has initiated with the Bermuda Infrastructure Fund. The overview the Minister gave seemed to be what the fund had done in itself without any collaboration with the Government. Is that cor-rect? Th e Speaker: Minister. Hon. Curtis L. Dickinson: Mr. Speaker, the respo nsibility of the fund is to identify investments and to make investment decisions. That is their job. We, as the Government, make it known that there is a fund available for those persons who want to avail themselves of that capital. And the individuals make approaches to the fund on their own initiative. And inas-much as they can arrange, work out terms for an ar-rangement to do a deal, a deal is done; otherwise, [a deal] is not [done]. The Government is not in the bus iness of telling the infrastructure fund how to do its business. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Second supplementary.
The SpeakerThe SpeakerSupplementary, yes. Hon. Michael H. Dunkley: The Government suppor ted the initiation of the fund back in 2017. In 2018 it came to reality. So is the Minister saying that as of yet the Government has not had any investors who have contributed to funding from this to starting jobs …
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, perhaps the Honourable Member is unfamiliar with how a fund like this actually works. What I mentioned in my opening statement was that the fund had raised commitments of approximately $88 million. In the world of private equity or funds like this, the …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, perhaps the Honourable Member is unfamiliar with how a fund like this actually works. What I mentioned in my opening statement was that the fund had raised commitments of approximately $88 million. In the world of private equity or funds like this, the fund managers go out to investors to solicit interest in providing capital or ma king commitments to the fund to do the fund’s bus iness. Inasmuch as there— Can you please mute your microphone? [ Inaudible interjection]
The SpeakerThe SpeakerGo ahead. Hon. Curtis L. Dickinson: Inasmuch as there are investment opportunities which require funding then the investment manager makes capital calls of the limited partners to fund those investment opportunities. The Government of Bermuda was instrumental in getting the fund set up, [and] it was supportive of the fund. …
Go ahead. Hon. Curtis L. Dickinson: Inasmuch as there are investment opportunities which require funding then the investment manager makes capital calls of the limited partners to fund those investment opportunities. The Government of Bermuda was instrumental in getting the fund set up, [and] it was supportive of the fund. The operation of the fund, the day -to-day ma nagement of it, rests with the investment managers, Fortress.
The SpeakerThe SpeakerThank you, Minister. Is there another question, supplementary? Well, you had your two supplementaries; sorry. Would you like to put your second question? QUESTION 2: BERMUDA INFRASTRUCTURE FUND—NUMBER OF JOBS CREATED Hon. Michael H. Dunkley: Yes, Mr. Speaker. Woul d the Honourabl e Minister pleas e inform the Honourable House …
Thank you, Minister. Is there another question, supplementary? Well, you had your two supplementaries; sorry. Would you like to put your second question? QUESTION 2: BERMUDA INFRASTRUCTURE FUND—NUMBER OF JOBS CREATED Hon. Michael H. Dunkley: Yes, Mr. Speaker. Woul d the Honourabl e Minister pleas e inform the Honourable House of t he total n umber of j obs t hus far creat ed by investments undertak en in Berm uda by the Gov ernment through use of the fund’s assets ?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, again I think there seems to be some confusion around the Go vernment’s involvement in this fund. The Government has not undertaken any investments; the fund would have undertaken investments.
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: No supplementary, Mr. Speaker. There is no confusion on this front. I will go to ques tion 3.
The SpeakerThe SpeakerThree. Okay. QUESTION 3: BERMUDA INFRASTRUCTURE FUND—FEES AND EXPENSES Hon. Michael H. Dunkley : Will the Honourable Mini ster please provide this Honourable House with the details of the fees and expenses the Government has paid in relation to the f und since its inception, itemi sing the fees and …
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, that one I can help with. The amounts of management fees paid by the Bermuda Government to the fund manager, Fortress Investment Group LLC, to date are $1.656 million, approximately $175,000 in November of 2018, and the further $1.48 million in May of …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, that one I can help with. The amounts of management fees paid by the Bermuda Government to the fund manager, Fortress Investment Group LLC, to date are $1.656 million, approximately $175,000 in November of 2018, and the further $1.48 million in May of 2020. Fortress was selected to manage the fund professionally. For-tress is a lea ding, highly diversified global investment management firm. They apply deeply specialised ex-pertise across a range of investment strategies, i ncluding private equity and credit on behalf of over 4426 17 July 2020 Official Hansard Report
Bermuda House of Assembly 1,600 institutional investors and private clients worl dwide. In order to manage the fund professionally, as the Government and institutional investors in the fund require, Fortress needed to dedicate senior inves tment professionals to this fund. The fund manager’s basic duties to the fund are to act as investment adv isor for the fund; invest in companies and projects; purchase and sell assets, securities, and businesses on the fund’s behalf; and manage and supervise the fund’s investments. The mechanism of the management fee pa yable by the Government to Fortress ar e as follows: The Government of Bermuda backstops the fund’s minimum semi -annual management fee of a half a million dollars, essentially paying the difference, if any, between the management fees earned by Fortress based on the invested capital of the fund and $500,000. The Government’s commitment to backstop the management fee is capped at a total of $3 million. To the extent the Government’s capital is not returned by the conclusion of the fund’s investment period, the Government will have a pro rata limi ted partner interest in the fund.
The SpeakerThe SpeakerThank you, Minister. Supplementary? Hon. Michael H. Dunkley: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo ahead. SUPPLEMENTARIES Hon. Michael H. Dunkley: How much has Fortress invested to date?
The SpeakerThe SpeakerMinist er. Hon. Curtis L. Dickinson: I am just trying to identify that information, Mr. Speaker. I would say that For-tress . . . and I do not want to be overly technical here. But I want to respond to the question that was asked. Fortress has invested zero to …
Minist er. Hon. Curtis L. Dickinson: I am just trying to identify that information, Mr. Speaker. I would say that For-tress . . . and I do not want to be overly technical here. But I want to respond to the question that was asked. Fortress has invested zero to da te. The fund would have made investments. And I would need to get my technical officer to provide me with the quantum of the investment for the electric vehicle business that I mentioned earlier in my statement. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I am happy for the Minister to be technical, and I wait for the feedback. So, Mr. Speaker, the Premier said some months back that the fund is important for Bermuda on two fronts: It supports the modernisation of Berm uda’s ageing infrastructure and w ill provide jobs for Bermudians in the months and years to come. But for $1.656 million, Mr. Speaker, to date, we have seen no support of Bermuda’s ageing infrastructure? Hon. Curtis L. Dickinson: Is that a question?
Hon. Michael H. Dunkley: Yes, it is, Minister. Hon. Curtis L. Dickinson: Can he repeat the question, please?
Hon. Michael H. Dunkley: The Premier is on record of stating some months ago that the fund is important for Bermuda on two fronts: It supports a modernis ation of Bermuda’s ageing inf rastructure and will pr ovide jobs for Bermudians in the months and years to come. In light of the fact that it is Government that modernises the ageing infrastructure, for $1.656 mi llion to date, there has been no . . . What has been the modernisation of our ageing infrastructure?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Okay. Thanks for that question. There have been no direct investments in government infrastructure. The reason why the fund was lauded when it was established was because it provided another source of capital for funding pr ojects. One of the unfortunate realities of a fund, …
Minister.
Hon. Curtis L. Dickinson: Okay. Thanks for that question. There have been no direct investments in government infrastructure. The reason why the fund was lauded when it was established was because it provided another source of capital for funding pr ojects. One of the unfortunate realities of a fund, of this particular fund, in terms of its construct are that it has something called a “ hurdle rate. ” And a hurdle rate is the rate of return that the fund managers seek to r eturn to investors. In the case of this fund, the hurdle rate is 11 per cent, which would make the capital pr ovided by it somewhat expensive relative to the cost of capital that the Government can avail itself of in the public or international capital markets. By way of reference, Government is getting quotes from our investment bankers on our contemplated bond offering in the range of 3 [per cent] to 3.5 per cent. And so, the Government in assessing whether to choose to avail itself to the f und or capital to fund government infrastructure projects would d ecide to go with the capital, that is the least expensive in this case, the 3.5 per cent money as opposed to 11 per cent hurdle rate money. Notwithstanding that, entrepreneurs have sought audiences with the fund managers to see if there is a way that they can avail themselves to the capital, because they may have had difficulty getting capital from the banks, and the 11 per cent capital is somewhat cheaper than the typical 15 per cent cost of capital that is attributed to common equity. Hon. Michael H. Dunkley: Thank you, Minister, for that. Thank you, Mr. Speaker. So for $1.656 million, we have no return on investment yet. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you for the exchange. The next question this morning is another wri tten question requiring an oral response. It is from the Bermuda House of Assembly Opposition Leader to the . . . it was originally sent to the Acting Minister of National Security. Would the Acting Minister be …
Thank you for the exchange. The next question this morning is another wri tten question requiring an oral response. It is from the
Bermuda House of Assembly Opposition Leader to the . . . it was originally sent to the Acting Minister of National Security. Would the Acting Minister be answering, or the new Minist er be answering?
Hon. Renee Ming: Good morning, Mr. Speaker. It is Renee, and I will answer the question.
The SpeakerThe SpeakerGood. Welcome, Minister. Good. Opposition Leader, could you put your question to Minister Ming? Hon. L. Craig Cannonier: Yes. Thank y ou very much, Mr. Speaker, and to colleagues. And welcome to our new Minister, Ms. Ming. Welcome. Hon. Renee Ming: Thank you. QUESTION 1: BLU RESTAURANT LARGE GROUP EXEMPTION …
Good. Welcome, Minister. Good. Opposition Leader, could you put your question to Minister Ming? Hon. L. Craig Cannonier: Yes. Thank y ou very much, Mr. Speaker, and to colleagues. And welcome to our new Minister, Ms. Ming. Welcome.
Hon. Renee Ming: Thank you.
QUESTION 1: BLU RESTAURANT LARGE GROUP EXEMPTION APPLICATION
Hon. L. Craig Cannonier: My first question is, Will the Honourable Minister please inform this Honour able House, who was the party responsible for applying for a large group exemption from prohibition in Regulation 5(1) and (2) of the Public Health (COVID -19 Emergency Powers) Regulations 2020 for a charity dinner for Mea ls on Wheels?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: On June 30 th, 2020, a letter dated June 26th, 2020, was received via email from MEF/ Blu Restaurant applying for exemption for the 50person limit for dinner reservations for 130 guests. Hon. L. Craig Cannonier: I am sorry. I could just about hear.
The SpeakerThe SpeakerOkay. Yes, Minister, you did come a bit low that time. Would you just speak a little closer to your microphone or adjust your microphone? [Pause]
The SpeakerThe SpeakerOops. It looks like we have los t the Minister. Hon. Renee Ming: Can you hear me now?
The SpeakerThe SpeakerYou are back now. Yes. Hon. Renee Ming: Mr. Speaker.
The SpeakerThe SpeakerYes. We see you clearly. And we— Hon. Renee Ming: Okay. Can you hear me now, Mr. Speaker? Yes, I am just trying to confirm if you can hear me.
The SpeakerThe SpeakerYes. Yes. Hon. Renee Ming: So you can hear me?
The SpeakerThe SpeakerYes. We can hear you now. Hon. Renee Ming: Okay. Good. On June 30 th, 2020, a letter dated June 26th, 2020, was received via email from MEF/Blu Restaurant applying for exemption to the 50- person limit for dinner reservations for 130 guests.
The SpeakerThe SpeakerThank you, Minister. Supplementary, Opposition Leader? Hon. L. Craig Cannonier: Yes. And for clarification, the Honourable Member did say on June 30 th? I am not sure if she is saying that they received the applic ation on June 30th or that the . . . and in addition to …
The SpeakerThe SpeakerSo before you put a question, you are trying to get clarification to her answer? Hon. L. Craig Cannonier: Yes. [Crosstalk]
The SpeakerThe SpeakerMinister, can you just clarify that piece he is asking? Hon. Renee Ming: Sure. The letter was received on the 30 th of June. But it is actually dated June 26th. Hon. L. Craig Cannonier: Okay. Thank you.
The SpeakerThe SpeakerNow do you have a supplementary? Hon. L. Craig Cannonier: Yes, I do.
The SpeakerThe SpeakerContinue with your supplementary. SUPPLEMENTARY Hon. L. Craig Cannonier: Supplementary: Considering they received the application on June the 30 th, was that application made on June the 30th approved?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Two seconds.
The SpeakerThe SpeakerNo problem. Hon. L. Craig Cannonier: And if so, when? 4428 17 July 2020 Official Hansard Report Bermuda House of Assembly [Pause] Hon. Renee Ming: I do not see that it was approved, [MP] Cannonier. It may have been still being consi dered. No, it was not.
The SpeakerThe SpeakerAre you still seeking the answer, Mini ster, or . . . ? [Crosstalk] Hon. Renee Ming: I am sorry. Can you hear me now?
The SpeakerThe SpeakerYes. We can hear you now. Hon. Renee Ming: Okay. No , it was not. Hon. L. Craig Cannonier: No, it was not. Okay.
The SpeakerThe SpeakerWould you like to put a second supplementary now? Hon. Patricia J. Gordon -Pamplin: May I have a supplementary on that, Mr. Speaker, please?
The SpeakerThe SpeakerYes. Opposition Leader, will you yield for your Member who would like to put a supplementary? Hon. L. Craig Cannonier: Yes.
The SpeakerThe SpeakerGo ahead, Member. SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Honourable Minister (congratulations), could you let me know . . . you were saying that the applic ation was not approved. It was not approved at all ? Hon. Renee Ming: The letter dated June 26 th, …
Go ahead, Member.
SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Honourable Minister (congratulations), could you let me know . . . you were saying that the applic ation was not approved. It was not approved at all ? Hon. Renee Ming: The letter dated June 26 th, the application was not approved. Hon. Patricia J. Gordon -Pamplin: Second suppl ementary, Mr. Speaker.
The SpeakerThe SpeakerSecond supplementary? Hon. Patricia J. Gordon -Pamplin: Yes. Is the Minister . . . by saying the letter with the application was not approved, is that saying that the event was held without authorisation?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: No, that is not what I am saying. Hon. Patricia J. Gordon -Pamplin: I just wanted to clarify things. Hon. Renee Ming: I was specifically asked if it was approved on the June 30 th date, and that is the a nswer I provided— no, it …
Minister.
Hon. Renee Ming: No, that is not what I am saying. Hon. Patricia J. Gordon -Pamplin: I just wanted to clarify things. Hon. Renee Ming: I was specifically asked if it was approved on the June 30 th date, and that is the a nswer I provided— no, it was not.
Hon. Patricia J. G ordon -Pamplin: Not on the June 30th date . . . if I can get some clarification, Mr. Speaker. I think the Minister has perhaps misunderstood what the question was from my Honourable Leader. He did not ask whether the letter was approved on the 30 th of June; [the question] was, Was the request of the 30th of June approved; and if so, when?
Hon. Michael J. Scott: Point of order, Mr. Speaker, Michael Scott.
POINT OF ORDER Hon. Michael J. Scott: I am sorry. I do not like to i ntervene in this, but I understood the Opposition Leader to ask the Minister whether the letter was . . . what was the date of the approval. And he was relating his question to whether the approval was on the 30th of June. That was my understanding.
Hon. L. Craig Cannonier: Well, Mr. Speaker, he is completely incorrect. And if you check the Hansard, my question was about the application itself. When was the application received ? And then the suppl emental . . . which she said was received on June the 30 th. The supplemental question was thereafter. So let us not confuse this here. And so when I asked, When was it received? Then the following was, okay, well, was it approved? When was it approved?
The SpeakerThe SpeakerThank you. Honourable Member Scott, I think we are clear. Let the Minister handl e it, please. Hon. Renee Ming: Okay. What you asked when you asked me with reference to . . . If you are asking me the approval date, it was approved by the Minister of National …
Thank you. Honourable Member Scott, I think we are clear. Let the Minister handl e it, please. Hon. Renee Ming: Okay. What you asked when you asked me with reference to . . . If you are asking me the approval date, it was approved by the Minister of National Security on July 2 nd, 2020.
Hon. L. Craig Cannonier: So then my supplementar y would be then—
The SpeakerThe SpeakerYour second supplementary. SUPPLEMENTARY Hon. L. Craig Cannonier: Was the application made on June 30th the actual application that was approved on July the 3rd [sic]? Bermuda House of Assembly Hon. Renee Ming: Are you speaking of the approval on July 2nd? Hon. L. Craig Cannonier: July 2nd. Was the …
Your second supplementary.
SUPPLEMENTARY
Hon. L. Craig Cannonier: Was the application made on June 30th the actual application that was approved on July the 3rd [sic]?
Bermuda House of Assembly Hon. Renee Ming: Are you speaking of the approval on July 2nd?
Hon. L. Craig Cannonier: July 2nd. Was the actual application made on June 30th the same application that was approved on July the 2nd (or whatever date you said it was approved)?
The SpeakerThe SpeakerI think she indicated that the application received on the 30th was approved on the 2nd. That is the understanding I got from the response. Hon. Renee Ming: Mr. Speaker, if you will allow me to help the Member. He has a second question that needs answering and it may …
I think she indicated that the application received on the 30th was approved on the 2nd. That is the understanding I got from the response. Hon. Renee Ming: Mr. Speaker, if you will allow me to help the Member. He has a second question that needs answering and it may help him with the first question.
Hon. L. Craig Cannonier: Okay. We will move on.
Hon. Michael H. Dunkley: I have a supplementary,
Mr. Speaker.
The SpeakerSupplementary? Hon. Michael H. Dunkley: Yes.
The SpeakerThe SpeakerPut your supplementary. SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes. Thank you, Mr. Speaker. Who was involved in the decision- making pr ocess to approve the application? [Pause]
An Hon. Member An Hon. MemberMr. Speaker. Hon. Renee Ming: So you want . . . sorry. [Inaudible interjections ]
The SpeakerThe SpeakerJust for clarification, the questi on was simply, Who made the decision? Is that it? As simple as it was asked? Hon. Michael H. Dunkley: No, Mr. Speaker. Who was involved in the decision to approve the applic ation? Hon. Renee Ming: It would have been the technical officers who …
Just for clarification, the questi on was simply, Who made the decision? Is that it? As simple as it was asked? Hon. Michael H. Dunkley: No, Mr. Speaker. Who was involved in the decision to approve the applic ation?
Hon. Renee Ming: It would have been the technical officers who vet the application, and then the Minister for National Security. Hon. Michael H. Dunkley: Thank you. Second supplementary?
The SpeakerThe SpeakerContinue. Hon. Michael H. Dunkley: To the Honourable Mini ster: Were any other Cabinet Ministers consulted prior to the approv al being given?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: It would be the Ministry of Health.
Ms. Susan E. JacksonWhat was the reason given in that application for the exempt ion requested by Blu Restaurant?
The SpeakerThe SpeakerI think that is actually the second question from the Opposition Leader. So if you could hold that and let the Opposition Leader put his question, then we can get the answer. QUESTION 2: BLU RESTAURANT LARGE GROUP EXEMPTION APPLICATION Hon. L. Craig Cannonier: Sure. Thank you, Mr. Speaker. What …
I think that is actually the second question from the Opposition Leader. So if you could hold that and let the Opposition Leader put his question, then we can get the answer.
QUESTION 2: BLU RESTAURANT LARGE GROUP EXEMPTION APPLICATION
Hon. L. Craig Cannonier: Sure. Thank you, Mr. Speaker. What was the reason given for requesting a special large- group exemption?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: I am sorry? Hon. L. Craig Cannonier: It is a simple question. Hon. Renee Ming: On July 3 rd, 2020, a follow -up le tter dated July 1st was received via email from MEF/Blu stating that the request for exemption was for charit able purposes to …
The SpeakerThe SpeakerSupplementary? Hon. L. Craig Cannonier: Thank you, Minister.
The SpeakerThe SpeakerOkay, MP Pearman. Supplementary. SUPPLEMENTARIES
Mr. Scott PearmanThank you, Mr. Speaker. Minister, welcome on your first day as a new Minister in the House. My question for you is, you have just stated that there was a follow -up letter received on Wednesday, the 1st of July, from MEF, stating the reason, be4430 17 July 2020 Official …
Thank you, Mr. Speaker. Minister, welcome on your first day as a new Minister in the House. My question for you is, you have just stated that there was a follow -up letter received on Wednesday, the 1st of July, from MEF, stating the reason, be4430 17 July 2020 Official Hansard Report
Bermuda House of Assembly ing charitable purposes. Was the reason stated in that follow -up letter on the 1st of July different from the original reason given in the letter of the 26th of June? Hon. Renee Ming: Yes.
Mr. Scott PearmanThis is my second supplementary. What was the reason given in the letter of the 26 th of June? Hon. Renee M ing: It just . . . it was . . . the reason given was for reservation for 130 people. [Inaudible interjection] Hon. Patricia J. Gordon -Pamplin: Supplementary, …
The SpeakerThe SpeakerYes. Put your supplementary. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Yes. The Minister has indicated that there was just a general application for just a large gathering made on the 1 st of July or . . . sorry, received on the 30th of June from a letter of 6/26, …
Yes. Put your supplementary.
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: Yes. The Minister has indicated that there was just a general application for just a large gathering made on the 1 st of July or . . . sorry, received on the 30th of June from a letter of 6/26, just a general gathering with no specific pu rpose?
Hon. Renee Ming: Yes.
Hon. Patricia J. Gordon -Pamplin: That is the first part of my question, Mr. Speaker. The question itself is, Did the Ministry then request specifics, or did the technical officers request specifics, to enable them to evaluat e the request, the application? Hon. Renee Ming: Yes.
The SpeakerThe SpeakerGo ahea d, Mr. Simons. SUPPLEMENTARIES
Mr. N. H. Cole SimonsDid the department make contact with Meals on Wheels to confirm the event? And if they did, do you know whether to date they r eceived any funds? Hon. Renee Ming: No.
The SpeakerThe SpeakerPut your second supplementary.
Mr. N. H. Cole SimonsDo you know if any funds were paid and accepted by Meals on Wheels? Hon. Renee Ming: No, I do not.
The SpeakerThe SpeakerMr. Cannonier, do you want to do a supplementary? Hon. Michael H. Dunkley: I have a supplementary,
Mr. Speaker.
The SpeakerIs that Mr. Dunkley? SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes. Thank you, Mr. Speaker. Mr. Speaker, to the Honourable Minister: The Government committed to holding an inquiry into this matter. Can the Honourable Minister please update on what the status of the Government inquiry is? Hon. E. David Burt: Mr. …
The SpeakerThe SpeakerYes. Go ahead, Premier. Hon. E. David Burt: Mr. Speaker, the Honourable former Premier, is incorrect. The Government did not commit to an inquiry; I com mitted to an inquiry. And upon my inquiry, we all know what the result, the action, was. [Laughter] Hon. Michael H. Dunkley: Thank you, …
Yes. Go ahead, Premier. Hon. E. David Burt: Mr. Speaker, the Honourable former Premier, is incorrect. The Government did not commit to an inquiry; I com mitted to an inquiry. And upon my inquiry, we all know what the result, the action, was.
[Laughter] Hon. Michael H. Dunkley: Thank you, Mr. Speaker. [Crosstalk] Hon. Michael H. Dunkley: I have a supplementary,
Mr. Speaker.
The SpeakerYou have a second supplementary? B ermuda House of Assembly Hon. Michael H. Dunkley: Yes.
The SpeakerThe SpeakerPut your second supplementary. Hon. Michael H. Dunkley: Yes, Mr. Speaker. I thank the Premier for my laugh of the day. Mr. Speaker, the Honourable Minister stated that the Minister of Health was consulted on this a pplication. Did the Minister of Health or the Ministry of Health support this …
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, that would be u nknown to me. That would have been a conversation with the previous Minister and the Minister of Health.
The SpeakerThe SpeakerYes, Opposition Whip. Hon. Michael H. Dunkley: Mr. Speaker. SUPPLEMENTARY
Ms. Susan E. JacksonThank you. Minister, I am just curious whether the tec hnical officers who received the request for the exem ption, did they, when they went out, ask or specify that a reason had to be given that it was charitable? [Crosstalk]
The SpeakerThe SpeakerMinister. Did you get the answer there, Minister? Hon. Renee Ming: I said no.
The SpeakerThe SpeakerOh, okay. Thank you. Is there a supplementary? Hon. Michael H. Dunkley: Mr. Speaker, back to the supplementary that I just asked.
The SpeakerThe SpeakerYou had your two supplementaries. Hon. Michael H. Dunkley: Yes, Mr. Speaker. But the rules for Question Period allow for another Minister to [answer] a question. So if the Minister of National S ecurity is not aware, the Minister of Health can answer the question, Mr. Speaker.
An Hon. Member An Hon. MemberThat is correct. The Speaker: It is correct if the Minister needed to have assistance. But I think she is moving on okay right now. Hon. Michael H. Dunkley: Mr. Speaker — [ Crosstalk] Hon. Michael H. Dunkley: Mr. Speaker, the rules allow the Minister —
The SpeakerThe SpeakerThe rules state, the rules say . . . wait, wait, wait. The rules state that another Minister can. It does not say that another Minister has to. It says if a question is put and the Minister wants to yield to a nother Minister, she can. That Minister can. …
The rules state, the rules say . . . wait, wait, wait. The rules state that another Minister can. It does not say that another Minister has to. It says if a question is put and the Minister wants to yield to a nother Minister, she can. That Minister can. In this case, the Minister has not yielded. She provided a response to the best of her knowledge. Hon. Michael H. Dunkley: Well, Mr. Speaker, I —
The SpeakerThe SpeakerThe Standing Order does not call on a second Minister to have to respond. Hon. Mich ael H. Dunkley: Okay, Mr. Speaker. Can I ask the Honourable Minister to yield to the Minister of Health?
The SpeakerThe SpeakerNo! Hon. Michael H. Dunkley: Okay. Well — [ Crosstalk]
The SpeakerThe SpeakerIt is the option of the Minister or the two Ministers. If the Minister said, I will yield to a second Minister, or if another Minister is prepared to. But it does not require someone to call on that second Mi nister to act. Hon. Michael H. Dunkley: Accepted, Mr. …
It is the option of the Minister or the two Ministers. If the Minister said, I will yield to a second Minister, or if another Minister is prepared to. But it does not require someone to call on that second Mi nister to act. Hon. Michael H. Dunkley: Accepted, Mr. Speaker. But in the spirit of transparency, I would expect that the Minister would be able to do that.
The SpeakerThe SpeakerThe Minister is a new Minister. This is her first day as Minister. She is trying her best to pr ovide the information. And I think if anyone has any other supplementaries, please continue to put them to the Minister. Hon. Patricia J. Gordon -Pamplin: Yes. I have a supplementary, …
The Minister is a new Minister. This is her first day as Minister. She is trying her best to pr ovide the information. And I think if anyone has any other supplementaries, please continue to put them to the Minister. Hon. Patricia J. Gordon -Pamplin: Yes. I have a supplementary, Mr. Speaker. Hon. L. Craig Cannonier: Mr. Speaker. Hold on a second, Shadow.
Mr. Speak er.
The SpeakerYes. 4432 17 July 2020 Official Hansard Report Bermuda House of Assembly Hon. L. Craig Cannonier: I brought this concern to yourself th at because we have put in questions and we knew that we had new Ministers, I was concerned that they would not be able to answer all …
Yes. 4432 17 July 2020 Official Hansard Report
Bermuda House of Assembly Hon. L. Craig Cannonier: I brought this concern to yourself th at because we have put in questions and we knew that we had new Ministers, I was concerned that they would not be able to answer all the questions. And your answer to that was, Well, Standing Orders allow for other Ministers to be able to answer those ques tions. That was your answer to me. And so now that we have a Minister who has just been appointed unable to answer a question, we should be allowed to be able to ask any other Minister who is involved to be able to answer our question. That was your ruling to me!
An Hon. Member An Hon. MemberHear, hear!
The SpeakerThe SpeakerI did indicate that in light of the fact that we had an Acting Minister at the time that you submi tted your question that if the Acting Minister felt that they needed to yield to or get assistance from an y other Minister, the Standing Orders allow for it. …
The SpeakerThe SpeakerIn this case, the new Minister is doing her best to answer the questions. She has not yielded, or asked for, or sought that assistance yet. If she seeks that ass istance, then it can be done. But she does not have to seek the assistance at the request of …
In this case, the new Minister is doing her best to answer the questions. She has not yielded, or asked for, or sought that assistance yet. If she seeks that ass istance, then it can be done. But she does not have to seek the assistance at the request of the persons asking the question. But the rules are there to allow it. If another Minister wishes to respond or is asked to respond by the Minister, they can do it.
[Crosstalk]
The SpeakerThe Speaker[INAUDIBLE] then they would not be able to do it. But it is not a request by the person as king the questions to say, Well, I want Minister A to answer because Minister B did not give the answer that I liked. Hon. L. Craig Cann onier: Mr. Speaker, …
[INAUDIBLE] then they would not be able to do it. But it is not a request by the person as king the questions to say, Well, I want Minister A to answer because Minister B did not give the answer that I liked.
Hon. L. Craig Cann onier: Mr. Speaker, I raised the concern. I heard your answer very clearly. And what I am hearing today does not match up to what you were meting out as your judgment on this case here. Not at all. Not even close.
The SpeakerThe SpeakerWell, it may have been misinterpreted. What I was trying to say to you was purely that the rules allow for other Ministers to answer if the Minister had yielded to calling for the other Minister to assist. We have not had that. We have not had that. So we …
Well, it may have been misinterpreted. What I was trying to say to you was purely that the rules allow for other Ministers to answer if the Minister had yielded to calling for the other Minister to assist. We have not had that. We have not had that. So we will continue on with the Mi nister providing the answers.
Hon. Jeanne J. Atherden: Mr. Speaker, am I able to ask the Minister if she will yield to the Health Minister?
The SpeakerThe SpeakerNo! If the Minister . . . it is the Minister’s call. If the Minister says that she would like to, then she can.
The SpeakerThe SpeakerYes. Put your supplementary, please, Opposition Whip. SUPPLEMENTARIES
Ms. Susan E. JacksonYes. Was the Ministry of Health in agreement with this application for exem ption?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, my response would actually be the same. I would not know that because it would have been a conversation with the previous Minister and the Minister of Health.
Ms. Susan E. JacksonWill the Minister of National Security then allow the Minister of Health to answer the question whether they were in agreement with the exemption?
The SpeakerThe SpeakerI think you are taking it back to the s eries o f comments that were starting this conversation.
An Hon. Member An Hon. MemberBecause it makes sense!
The SpeakerThe SpeakerIt is not a request. It is if the Minister . . . if the Minister is prepared to yield. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary question, Mr. Speaker, which might help to put us back on track. The Honourable Minister just indicated that this …
It is not a request. It is if the Minister . . . if the Minister is prepared to yield.
SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary question, Mr. Speaker, which might help to put us back on track. The Honourable Minister just indicated that this was a conversation between two Ministers, between the Minister of National Security and the Mini ster of Health. Is the Minister sugges ting that substantive decisions are not reduced to writing so that she does not have the capacity to go back and look at the written content of the exchange of requests and r esponses?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Mr. Speaker, just looking through what I have here, the Act actually only requires the Minister of National Security to consult with the Mini ster of Health. Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Speaker, that is all we are asking is, What was …
Minister.
Hon. Renee Ming: Mr. Speaker, just looking through what I have here, the Act actually only requires the Minister of National Security to consult with the Mini ster of Health.
Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Speaker, that is all we are asking is, What was the result of the consultation? It has got to be th ere, Mr. Speaker. All of this, [if] we can answer the question, we can move on. If the question is not answered, it seems like there is som ething that is underneath the surface and we will co ntinue to ask questions.
Hon. Jeanne J. Atherden: Can I ask a supplementary then?
[No audible reply]
Hon. Jeanne J. Atherden: A supplementary then, Mr. Speaker?
The SpeakerThe SpeakerJust restate that, please. Hon. Jeanne J. Atherden: This is MP Atherden. Can I ask a supplementary?
The SpeakerThe SpeakerYes, you can ask a supplementary. SUPPLEMENTARY Hon. Jeanne J. Atherden: Okay. Is the now Minister of National Security able to ask whether the former Acting Minister of National Security, who would have been the person who was there while it happened, would he be prepared to a nswer the …
The SpeakerThe SpeakerWell, there you go even further against the Standing Orders. Questions that are asked to one Minister may be an swered by another Minister or a Junior Minister. The former Minister is no longer either a Minister or a Junior Minister. So if the former Mini ster was a Mini …
Well, there you go even further against the Standing Orders. Questions that are asked to one Minister may be an swered by another Minister or a Junior Minister. The former Minister is no longer either a Minister or a Junior Minister. So if the former Mini ster was a Mini ster in another capacity, they could r espond. But they are no longer a Minister or a Junior Minister in any capacity.
Hon. Jeanne J. Atherden: Mr. Speaker, they are in the sense that the question was put to the Minister —
The SpeakerThe SpeakerNo, no, no, no. No, no, no, no, no. No. No. They are no longer a Minister, clear, end of the day. They are no longer a Minister. [Inaudible interject ion] SPEAKER’S RULING [Standing Order 17(1)(b)]
The SpeakerThe SpeakerAnd just to restate it so it is clear, under the Standing Order 17, in reference to questions, 17(1)(b), and I will read it again because I have said it without reading it all this time. I sai d it from memory. But I am going to read it so …
And just to restate it so it is clear, under the Standing Order 17, in reference to questions, 17(1)(b), and I will read it again because I have said it without reading it all this time. I sai d it from memory. But I am going to read it so you all understand it clearly: “Questions addressed to one Minister may be a nswered by another Minister or by a Junior Minister.” And the key word is “may.” This is not a request by the floor to ask for another Minister to assist.
Hon. Michael H. Dunkley: Yes, Mr. Speaker. That is very clear. I think we understand that. But if the Go vernment wants to be open and transparent, the Mini ster of Health is on the call. She can easily answer. Thank you, Mr. Speaker.
The SpeakerThe SpeakerMr. Dunkley. I have made my ruling. Now let us be clear about that. Hon. Michael H. Dunkley: Yes, Mr. Speaker. I r espect the ruling, too. Just pointing out something else. I respect the ruling.
The SpeakerThe SpeakerThank you. No need to point it out. Hon. Patricia J. Gordon -Pamplin: Do we have a third question, Mr. Speaker? Or do we have a su pplementary on the table?
The SpeakerThe SpeakerThe Opposition Leader asked his question, and he never quite brought up supplements. Ev erybody else put in supplements. So, Opposition Leader, do you have a supplementary? If not, we can move on to the questions on Statements this morning. SUPPLEMENTARIES Hon. L. Craig Cannonier: I am sure that there …
The Opposition Leader asked his question, and he never quite brought up supplements. Ev erybody else put in supplements. So, Opposition Leader, do you have a supplementary? If not, we can move on to the questions on Statements this morning.
SUPPLEMENTARIES
Hon. L. Craig Cannonier: I am sure that there probably . . . I do have supplementaries. But there are ot hers who may have some supplementaries as well. Considering that supplementary question, Mr. Speaker, considering the restaurant put in the applic ation, can the Honourable Minister explain the process of determining what is an exceptional circumstance?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: Yes, I am here, Mr. Speaker. Just looking through my paperwork. Hold on one second. [Pause] Hon. Renee Ming: Mr. Speaker.
The SpeakerThe SpeakerYes, Minister. 4434 17 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Renee Ming: Okay. The exceptional circumstances are actually at the Minister’s discretion. They can be approved at the Minister’s discretion.
The SpeakerThe SpeakerThank you. Thank you. Do you have another supplementary? Hon. L. Craig Cannonier: Second supplementary.
The SpeakerThe SpeakerYes. Hon. L. Craig Cannonier: Yes. Does the Minister consider it unusual for the restaurant to be applying for an exceptional circumstance when they were not the ones hosting this dinner?
The SpeakerThe SpeakerMinister. Hon. Renee Ming: I am sorry. What was the question in that?
The SpeakerThe SpeakerCould you restat e your question, O pposition Leader? Hon. L. Craig Cannonier: Yes. Would the Minister consider it unusual that the restaurant, that is basically serving dinner and drinks, would the Honourable Mi nister consider it unusual that they applied for this excepti onal circumstance licence as opposed to …
The SpeakerThe SpeakerMinister. Hon. Renee Ming: I will answer this one, Mr. Cannonier, to the best of my ability. But no, because they would have needed to ensure that the health preca utions were followed on behalf of the restaurant.
The SpeakerThe SpeakerThank you. Hon. Jeanne J. Atherden: I have a supplementary.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY Hon. Jeanne J. Atherden: Yes. Madam Minister, could you indicate to me, based on what you have said in terms of how the application came in, is it unusual when the application is actually gazetted for the charity to be actually listed if it was not in the …
The SpeakerThe SpeakerThank you. Minister. Hon. Renee Ming : Let me just say, can you repeat that, Ms. Atherden? You just said, is what was unus ual, and then you kind of went out. Hon. Jeanne J. Atherden: Okay. So you indicated that MEF applied for an exemption for the 150 [sic] …
Thank you. Minister. Hon. Renee Ming : Let me just say, can you repeat that, Ms. Atherden? You just said, is what was unus ual, and then you kind of went out.
Hon. Jeanne J. Atherden: Okay. So you indicated that MEF applied for an exemption for the 150 [sic] dinner reservations, for 130. You did not indicate that they told you why they needed it, what the charity was. But yet, the application in the paper listed the charity. Was it in the original MEF application? And if not, why was it in the gazetting of the application?
The SpeakerThe SpeakerI thin k some of that has been answered earlier in questions. She did say the application was received on the 26 th or the letter that was written on the 26th, received on the 30th, did not indicate the charity. It just indicated a request for an exemption, my …
I thin k some of that has been answered earlier in questions. She did say the application was received on the 26 th or the letter that was written on the 26th, received on the 30th, did not indicate the charity. It just indicated a request for an exemption, my wor d.
Hon. Jeanne J. Atherden: Well, that is why . . . And I thought that is what I heard. But then that is why my question was, Why then in the gazetting of the appl ication was a charity listed if it was not in the applic ation?
The SpeakerThe SpeakerBecause then she had stated that there was a letter that came in on — [Crosstalk]
The SpeakerThe Speaker—the 2nd of July that indicated that it was for a charitable event. Hon. Jeanne J. Atherden: So then there was another application on July 2nd? Hon. Renee Ming: Mr. Speaker , would you like? I can answer that.
The SpeakerThe SpeakerYes, go ahead. Hon. Renee Ming: There was one letter dated June 26th, and there was a second letter —and I am just referring to Mr. Cannonier’s second question— dated July 1st. And that letter speaks to the charity. Hon. Jeanne J. Atherden: Okay. Thank you.
The SpeakerThe SpeakerHonourable the Deputy Opposition Leader. Go right ahead, Madam. SUPPLEMENTARY [Disallowed]
Ms. Leah K. ScottThank you, Mr. Speaker. Bermuda House of Assembly Mr. Speaker, can the Minister provide what the detailed investigation conducted by the Ministry of Health entailed that led her to draw to the conclusion that Blu needed to be closed for 14 days?
The SpeakerThe SpeakerMember, let me. That is outside of the scope of the original question. Now, the original ques-tion was around the granting of the licence prior to the event. And the question you are asking is speaking to events that have taken place after the event.
The SpeakerThe SpeakerIt is a question, but not for this time. You can put it at another time for another occasion, but not for this occasion.
Ms. Leah K. ScottOkay. Thank you, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Yes, please, sir. The Minister has indicated that the charity itself was not informed prior to. But would the charity have been informed subsequent to the letter coming into the Ministry? Hon. Renee Ming: Mr. Speaker, first of all, I did not indicate …
Supplementary?
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: Yes, please, sir. The Minister has indicated that the charity itself was not informed prior to. But would the charity have been informed subsequent to the letter coming into the Ministry? Hon. Renee Ming: Mr. Speaker, first of all, I did not indicate that the charity was not informed. I said the charity was not mentioned in the first letter and it was mentioned in the second letter.
Hon. Patricia J. Gordon -Pamplin: Okay. I apologise. I misunderstood. Thank you for the clarity, Minister.
The SpeakerThe SpeakerAny further supplementaries? No further supplementaries. We can move on to the questions on Statements today. [Inaudible interjection]
The SpeakerThe SpeakerI beg your pardon? Hon. Patric ia J. Gordon -Pamplin: Was that the third question by the Opposition Leader?
The SpeakerThe SpeakerHe only had two questions on this one. Hon. Patricia J. Gordon -Pamplin: Oh, all right. Thank you, sir.
The SpeakerThe SpeakerWe could note that. Okay. We will move on to questions for Statements. The first Statement this morning was by the Premier in reference to the updating on gaming. And, Honourable Premier, you have two Members who wish to ask questions of you today. The first is from the MP …
We could note that. Okay. We will move on to questions for Statements. The first Statement this morning was by the Premier in reference to the updating on gaming. And, Honourable Premier, you have two Members who wish to ask questions of you today. The first is from the MP Dunkley. MP, would you like to put your question?
QUESTION 1: UPDATE ON GAMING Hon. Michael H. Dunkley: Thank you, Mr. Speaker. In the . . . in regard to [the Statement given by the] Honourable Premier, the Honourable Premier states that, on page 2, the Government has made signif icant progress and they have agreed to support cashless casino gaming. So, Mr. Speaker, just to be clear, that means that no gamer, no one who wants to partake in gaming will be allowed to enter a casino and purchase with cash chips to gamble.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member for his question. I am happy to try to get back with the exact specifics on the outlines of what cashless gaming would look like. But I would assume that there would be no cash at s …
Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member for his question. I am happy to try to get back with the exact specifics on the outlines of what cashless gaming would look like. But I would assume that there would be no cash at s ome portion throughout. That would be my assumption as it is the nature of cashless gaming. I am sure at some point in time, there needs to be money exchanged. But we know that we have, I would say, very stringent anti - money laundering regulations. I know that the Casino Gaming Commission has recently refilled the position of the anti -money laundering advisor so that they can continue to give advice to the commission and also advice to prospective operators. So I would say that at some point in time, clear ly money must enter. But it is a cashless gaming operation. So I would say that you have one place to put cash in, so we know where the cash is, and one place to take cash out so that there is not exchange of cash that could happen and which could give ris e to money -laundering risk. But in regard to the specific question of which he is asking, I can try to undertake the specific details.
Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerA supplementary, yes. SUPPLEMENTARIES Hon. Michael H . Dunkley: Yes. In casino oper ations —and I am not a gaming expert, but I have been into a few casinos —if you are using cash, you go in, you buy chips. No more cash is used until you leave and, hopefully, …
A supplementary, yes.
SUPPLEMENTARIES
Hon. Michael H . Dunkley: Yes. In casino oper ations —and I am not a gaming expert, but I have been into a few casinos —if you are using cash, you go in, you buy chips. No more cash is used until you leave and, hopefully, can cash out and get —with the chips you have left, g et your cash back. So where else 4436 17 July 2020 Official Hansard Report
Bermuda House of Assembly would the Honourable Premier think that cash would be used in a gaming system? Hon. E. David Burt: Well, he is clearly no gaming expert, Mr. Speaker. And I can tell you that if you go to any casino, you can throw your cash on the table, the craps table, at the roulette table, you put your cash in the machine at the slot machines, et cetera. So when there are casinos that have a lot of cash, those are different places where cash can be exchanged. An individual can throw $1,000 on a table, get $1,000 in chips, bet $10 and then go to another place, give it to someone else, they can take all the rest. Casinos in that arena where there is a signif icant amount of cash give rise to money -laundering risk. If you have a completely c ashless system, that means that persons cannot go back in their pocket and pull out cash as they do in other places, get chips directly at the table. That is the overall view of cas hless gaming. And that reduces the money -laundering risk where there are multiple places where cash can be exchanged. So my assumption is clearly, at some point in time money has to come from either an account and/or cash to be exchanged into the cashless gaming chips, as they would say, and then only be able to come out. In that case, the transactions can be fully recorded and can be fully audited to minimise any money -laundering risk, which is very high when you have so much volume of cash inside of those sy stems.
The SpeakerThe SpeakerOkay. Put your question. Hon. Patricia J. Gordon -Pamplin: Supplementary, Michael, or another question? Hon. Michael H. Dunkley: No. Supplem entary on that. Hon. Patr icia J. Gordon -Pamplin: Okay. Hon. Michael H. Dunkley: I appreciate the response from the Honourable Premier and–– until we all agree on the need …
Okay. Put your question.
Hon. Patricia J. Gordon -Pamplin: Supplementary, Michael, or another question? Hon. Michael H. Dunkley: No. Supplem entary on that. Hon. Patr icia J. Gordon -Pamplin: Okay.
Hon. Michael H. Dunkley: I appreciate the response from the Honourable Premier and–– until we all agree on the need to limit cash within the operation. If the Premier can get back to me on if cash will still be able to be exchanged to purchase chips when you go into the system to game. And if that is not the case, will there be a fee once you charge it on whatever card that you have to charge it on?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I can undertake to get the Honourab le Member a response. What I would say is to look at it from this place: The place where is the money-laundering risk is where there is cash inside. If an individual who is getting cash, or I …
Premier. Hon. E. David Burt: I can undertake to get the Honourab le Member a response. What I would say is to look at it from this place: The place where is the money-laundering risk is where there is cash inside. If an individual who is getting cash, or I would say is getting chips, electronic gaming chips, gets those chips with cash, credit card, bank transfer, et cetera, it is understood where that individual is, where that money is coming from. That information is then part of any sy stem which can balance any money -laundering controls that would exist. I can get the specifics in regard to charges which may or may not be applied. But I think that this would be at the level of the operators and things that will be going forward. And I think that might be a little bit too far into the future as where we are. But in an overall system, it is a cashless gaming thing to minimise money -laundering today.
Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary.
The SpeakerThe SpeakerYou have a supplementary? Yes. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Yes, sir. Mr. Speaker, the Premier’s response was effectively predicated upon supposition. He said at the outset that he does not know much about it. Does the Premier not believe that it would have been more pr udent to …
You have a supplementary? Yes.
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: Yes, sir. Mr. Speaker, the Premier’s response was effectively predicated upon supposition. He said at the outset that he does not know much about it. Does the Premier not believe that it would have been more pr udent to determine what the construct of the cashless gaming system was in delivering his Ministerial Statement so that we could be better informed as op-posed to having to pull information out of him as pul ling hens’ teeth?
Hon. E. David Burt: Mr. Speaker, I will say this. There are people who have expertise in gaming, an d there are people who do not have expertise in gaming. If anyone wants to go online and google “cashless gaming,” they can. I did not in any way, shape or form think that I would have to explain cashless gaming to Honourable Members. So allow me to say t his. The specific question of which was asked I have answered to the best of my ability. What I will say is, on a broad level and scale, when it comes to cashless gaming you do not have cash inside of a casino, to minimise the money - laundering risk that ma y arise.
Mr. Scott PearmanThank you, Mr. Speaker. Honourable Premier, it was not clear from your answer. Are you suggesting that you have expertise in gaming? Hon. E. David Burt: I can tell you that I have gamed from time to time. So absolutely I can tell you about a craps tabl e and …
Thank you, Mr. Speaker. Honourable Premier, it was not clear from your answer. Are you suggesting that you have expertise in gaming?
Hon. E. David Burt: I can tell you that I have gamed from time to time. So absolutely I can tell you about a craps tabl e and a blackjack table. Absolutely I can, Mr. Pearman. And maybe one day when there are casinos open, we might be able to play poker as well.
Hon. Michael H. Dunkley: Question, Mr. Speaker.
The SpeakerThe SpeakerI have to be quiet on this series of exchange because I am not an expert at all. Never been one. Hon. Patricia J. Gordon -Pamplin: Second suppl ementary, Mr. Speaker.
The SpeakerThe SpeakerWho would also like to ask a suppl ementary? Hon. Michael H. Dunkley: I have a question, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: I have a question. Hon. Michael H. Dunkley: Go ahead. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: If the Premier would be good enough to come back …
Who would also like to ask a suppl ementary? Hon. Michael H. Dunkley: I have a question, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: I have a question.
Hon. Michael H. Dunkley: Go ahead.
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: If the Premier would be good enough to come back with a statement to give us some indication about the construct of cashless gaming. It is one thing to say, Go google it. But the Premier is asking us to approve and to embrace a mechanism for which we have little infor-mation in the House of Assembly. We should not be required to go outside of the House in order to be able to supplement the inform ation that he has given us. Will the Premier undertake to give us som ething that is a little bit more comprehensive and explanatory so that Members of the House are familiar with what it is when he mentions the words “ cashless gaming” ?
Hon. E. David Bur t: Mr. Speaker, I gave a Ministerial Statement where I gave an outline of challenges of which are faced. We all know that despite the setting up under the former Government of a Casino Gaming Commission in 2015, the challenges that have been faced that are preventing the development of casino gaming in Bermuda are the ability to bank proceeds. The only mention of cashless gaming in my Statement was in regard to getting past the corr espondent banking issue and basically stating that cashless gaming is going to be used to get past the money -laundering risk. I am not asking Honourable Members to approve anything. I am giving a Stat ement that is outlining where we are in gaming, which was asked by Honourable Members last week. I am happy to arrange a briefing at the Bermuda Casino Gaming Commission for Members of the Opposition where they can have their questions answered. There is no need to attempt to hide som ething, Mr. Speaker. I gave a Ministerial Statement on the Government’s policy on gaming to provide an u pdate to the country on where we stand. And so I am happy to make any technical officers available so they can explain whatever Honourable Members wish to find out.
Hon. Michael H. Dunkley: Question, Mr. Speaker.
The SpeakerThe SpeakerSecond question. QUESTIO N 2: UPDATE ON GAMING Hon. Michael H. Dunkley: Yes, Mr. Speaker. Mr. Speaker, on the second page, the Honourable Premier gives an update on the chief exec utive recruitment. And the Honourable Premier says that the commission engaged the services of Price waterhouseCoopers [PwC] executive search …
Second question.
QUESTIO N 2: UPDATE ON GAMING
Hon. Michael H. Dunkley: Yes, Mr. Speaker. Mr. Speaker, on the second page, the Honourable Premier gives an update on the chief exec utive recruitment. And the Honourable Premier says that the commission engaged the services of Price waterhouseCoopers [PwC] executive search team in January of this year. Can the Honourable Premier give the details on the arrangements and the cost to retain PwC for this engagement?
The SpeakerThe SpeakerPremier? Hon. E. David Burt: I do not have that informat ion, but I will seek to get it.
The SpeakerThe SpeakerThank you. No supplementaries. We can move on to the second Member who has a question. Premier, the second Member who has a question for you is the Deputy Opposition Leader. Honourable Member, would you like to put your question? QUESTION 1: UPDATE ON GAMING
Ms. Leah K. ScottThank you, Mr. Speaker. Premier, thank you for your Statement on gaming. I have a question. I am sure that you will be able to answer it. Can you provide us —you said that there is a potential candidate who may be in place by 4438 17 July 2020 Official …
Thank you, Mr. Speaker. Premier, thank you for your Statement on gaming. I have a question. I am sure that you will be able to answer it. Can you provide us —you said that there is a potential candidate who may be in place by 4438 17 July 2020 Official Hansard Report
Bermuda House of Assembly the end of the year. Are you able to provide an overview of that potential candidate’s skills in terms of experience, education and jurisdictional expertise, and his fit for Bermuda, please?
Hon. E. David Burt: Thank you. I do not know whet her it is a he or a she. And I am not aware of those specific details. I can undertake to find them out. I try not to involve myself in the operational matters and hiring matters of commissions which are quasi - independent.
Ms. Leah K. ScottFair comment, but I appreciate the undertaking. Second question, Mr. Speaker, please.
The SpeakerThe SpeakerYes. QUESTION 2: UPDATE ON GAMING
Ms. Leah K. ScottSince grant funding was not pr ovided for the commission in the budget this year, is the premise that the $1.2 million that has not been spent is going to be used for training and education?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. I would say that the money that has not been spent will be used to cover the operat ions of the Ga ming Authority. In addition to that, when there is the transfer of responsibilities, there will also be funds that …
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. I would say that the money that has not been spent will be used to cover the operat ions of the Ga ming Authority. In addition to that, when there is the transfer of responsibilities, there will also be funds that will accrue to the Gaming Authority from betting l icences, betting taxes and other such things which are paid, which will be ab le to provide additional income to the commission. And they will have to be able to manage their expenses and revenues accordingly.
The SpeakerThe SpeakerYes. Put your supplementary. SUPPLEMENTA RY
Ms. Leah K. ScottSince we are looking at providing jobs and training, where would the money come from for that? Hon. E. David Burt: As indicated inside of my Stat ement, some of the matters in regard to training are not specifically coming from the G overnment itself. It is coming from the …
Since we are looking at providing jobs and training, where would the money come from for that? Hon. E. David Burt: As indicated inside of my Stat ement, some of the matters in regard to training are not specifically coming from the G overnment itself. It is coming from the operators, who are the ones who are going to want to go ahead and get these things star ted. So it is a cooperative enterprise. It is not solely the responsibility of the Casino Gaming Commission. As was indicated in my Statement, the reasons why the change in fees will not affect that is be-cause casino operators and potential operators are well aware of what is necessary and required of them in regards to the training that needs to be provided so that we can get that up and running. And that has been laid out. And so, as we move closer to the pos-sibility of casinos opening in Bermuda, those things will progress.
Mr. Speaker.
The SpeakerOne more question? Yes. We have got about a minute left on the clock, or so. Go ahead. QUESTION 2: UPDATE ON GAMING
Ms. Leah K. ScottOkay. The name is being changed to the Bermuda Gaming Commission to co ver a broad remit; I believe that is what the Premier stated. So in the current legislation, cashless wagering currently exists in the legislation. But what other forms of gaming are envisaged, or what does that broader …
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Those would be the things inside of my Statement, Mr. Speaker. Whether it be lotteries, cruise ship gaming, betting in licensed establishments in Bermuda, Crown and Anchor as well.
The SpeakerThe SpeakerOkay. It is now 12:25. We started at 11:26. We have got less than a minute. The next question, if someone can get it in, will be for Minister Burch. Minister Burch, you had a question from MP Gordon- Pamplin. QUESTION 1: ADDRESSING ILLEGAL FORESHORE ENCROACHMENTS Hon. Patricia J. Gordon …
Okay. It is now 12:25. We started at 11:26. We have got less than a minute. The next question, if someone can get it in, will be for Minister Burch. Minister Burch, you had a question from MP Gordon- Pamplin.
QUESTION 1: ADDRESSING ILLEGAL FORESHORE ENCROACHMENTS Hon. Patricia J. Gordon -Pamplin: Yes. Thank you, Mr. Speaker. Mr. Speaker, very simply to the Minister: Is the Minister concerned that the significant variance between the department’s estimate and the low bid that was accepted for that demolishing actually starts to create doubt about the ability for effective asses sment of the cost for works that are put out to bid?
The SpeakerThe SpeakerAnd, Minister, unless you have a quick answer, then we are going to bring this to a close.
The SpeakerThe SpeakerSure. Bermuda House of Assembly Lt. Col. Hon. David A. Burch: No, I am not. I will take the discount for the taxpayers. [Laughter]
The SpeakerThe SpeakerOkay. Members, Members, it is now 12:26. We started at 11:26. That is our 60 minutes of questions this morning. I thank you for your participation in Question Period. We will now move on. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerAnd I believe that MP Tyrrell had indicated to me that he wanted to speak, if he is still here, because he was going off to a meet ing. Mr. Tyrrell, have you left for your meeting?
An Hon. Member An Hon. MemberIt is Minister Tyrrell, Mr. Speaker.
The SpeakerThe SpeakerI mean Minister Tyrrell, sorry. I am sorry. Has he stepped off to his meeting already? Hon. Neville S. Tyrrell: No, I have not, Mr. Speaker.
The SpeakerThe SpeakerMinister! Congratulations. Minister, I will let you start. As your first day as Minister, you can start us off on the congratulatory and/or obituary speeches. Hon. Neville S. Tyrrell: Thank you very much, Mr. Speaker, and good morning, colleagues. Mr. Speaker, this is an important day for me, so I …
Minister! Congratulations. Minister, I will let you start. As your first day as Minister, you can start us off on the congratulatory and/or obituary speeches.
Hon. Neville S. Tyrrell: Thank you very much, Mr. Speaker, and good morning, colleagues. Mr. Speaker, this is an important day for me, so I hope I do not get accused of taking any liberties. But I will certainly be guided by you. Mr. Speaker, many of my honourable colleagues in the House have the privilege of living in the constit uency that they re present. And this gives Honourable Members, of course, an opportunity to bond daily with their working teams. Well, Mr. Speaker, I am one such privileged MP. I live in my constituency. And, Mr. Speaker, I will probably say that I know I have the best constituency working team. And —
The SpeakerThe SpeakerDo you have a good representative? Hon. Neville S. Tyrrell: Oh, they do. Do not worry,
Mr. Speaker. They do.
The SpeakerI said do you? Do you have a good one? [Laughter] Hon. Neville S. Tyr rell: Oh, of course. Mr. Speaker, as I said, I wish to acknowledge one of those hardworking team members of mine, who actually has a birthday today. So I wish to send well wishes to …
I said do you? Do you have a good one? [Laughter] Hon. Neville S. Tyr rell: Oh, of course. Mr. Speaker, as I said, I wish to acknowledge one of those hardworking team members of mine, who actually has a birthday today. So I wish to send well wishes to Ms. Jean Marie Symonds of Rocklands Road, and hope she has many more happ y birthdays. And, Mr. Speaker, with that I thank you for the opportunity. Thank you.
The SpeakerThe SpeakerYes. I heard that as I was driving in this morning. It was all over the radio. Would anyone else like to speak on congrat ulations or condolences this morni ng? Hon. Diallo V. S. Rabain: Mr. Speaker. Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. I would like to add my —
The SpeakerThe SpeakerThis looks like Rabain, [MP] Rabain. Hon. Diallo V. S. Rabain: I would like to add my co ngratulations to Minister Tyrrell — [Feedback]
The SpeakerThe SpeakerMinister Tyrrell, your microphone may still be on. Hon. Diallo V. S. Rabain: No, he is muted. He is muted.
The SpeakerThe SpeakerYes. Okay. Hon. Diallo V. S. Rabain: Now he is unmuted. But anyway, Mr. Speaker, I would also like to offer congratulations to Bermuda Cricket Board [BCB] for a successful implementation of cricket this past weekend as we come out of our COVID -19 restriction. I happened to attend the …
Yes. Okay.
Hon. Diallo V. S. Rabain: Now he is unmuted. But anyway, Mr. Speaker, I would also like to offer congratulations to Bermuda Cricket Board [BCB] for a successful implementation of cricket this past weekend as we come out of our COVID -19 restriction. I happened to attend the match at St. George’s, and I want to say for the most part people were well - behaved, wearing their masks, sitting in their groups as specified. And I hope–– and I had a meeting with them early in the week to actually let them know that I was pleased and to give some tips on how we can move forward possibly to even expanding it even more. But, Mr. Speaker, I think it is worthwhile that as we sit in our —as we are coming out of our COVID - 19 restrictions, that we can get things right and we can do things properly and can continue to do what needs to be done and still have things like cricket open, and maintain our discipline over that. So co ngratulations to BCB, and I am hoping to see them build upon what they learned this previous weekend as we have this weekend coming up for cricket match. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Yes? 4440 17 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Lovitta F. Foggo: Minister Foggo.
The SpeakerThe SpeakerYes, Minister. Hon. Lovitta F. Foggo: Yes. I would like to be ass ociated with the remarks coming from Minister Diallo Rabain in terms of congratulat ing cricket. I had opportunity to work with that organisation and help advance the models that they have put in place in order to …
Yes, Minister. Hon. Lovitta F. Foggo: Yes. I would like to be ass ociated with the remarks coming from Minister Diallo Rabain in terms of congratulat ing cricket. I had opportunity to work with that organisation and help advance the models that they have put in place in order to gain permission to play cricket. I also, clad in my blue- and-blue, had the priv ilege of delivering the first cricket ball in the league cricket. And we will not say how that ball was deli vered; but nonetheless, it was —
The SpeakerThe SpeakerBig six I have thrown in the field. [Laughter] Hon. Lovitta F. Foggo: Also, Mr. Speaker, I would like to give congratulatory remarks to—and every body knows this name, and I will associate everybody — Stephen Dickinson and young Ms. Joanna Santiago, who won the sailing on the weekend pass. …
Big six I have thrown in the field. [Laughter]
Hon. Lovitta F. Foggo: Also, Mr. Speaker, I would like to give congratulatory remarks to—and every body knows this name, and I will associate everybody — Stephen Dickinson and young Ms. Joanna Santiago, who won the sailing on the weekend pass. And the events that took place with the Mini -Yacht Club went over extremely well, all under social distancing. And so it was another good event to see in the realm of sports, where sports players are adhering to the social distancing and the regulations surrounding that, but at the same time are able to put on their events to entertain the watching and viewing public . Thank you, Mr. Speaker. That is it.
The SpeakerThe SpeakerThank you, Minister. Would any other Member wish to speak?
Mr. Christopher FamousYes. Good morning, Mr. Speaker. Good morning, colleagues. Fortunately, I have no condolences to bring today. But I want to take a moment to congratulate Minister Renee Ming and Minister Neville Tyrrell. I congratulate them on behalf of the Robin Hood cor-ner. I see our Member Dennis Lister III smiling. …
Yes. Good morning, Mr. Speaker. Good morning, colleagues. Fortunately, I have no condolences to bring today. But I want to take a moment to congratulate Minister Renee Ming and Minister Neville Tyrrell. I congratulate them on behalf of the Robin Hood cor-ner. I see our Member Dennis Lister III smiling. His turn is coming. No, seriously, Mr. Speaker, these are two individuals who understand what it means to represent their communities, not just as a politician, but as a member of the constituencies in which they live. Minister Ming has [been] ti reless [in her] efforts in promoting St. George’s, East End Prep, St. George’s Cricket Club and as we heard two weeks ago, the un- apology —lack of apology for being a proud woman. She exemplifies all that Bermuda needs from women leaders. Moving on to MP, now Minister, Tyrrell, my cousin (nepotism included), senior pond dog in Pa r-liament. Mr. Tyrrell has represented Bermuda in Bermuda football, race relations, the transport board. He has worked at Cable & Wireless and Colonial Pe nsions. So he is well rounded and well positioned to handle all what is coming his way as the Minister of Transport. So I just want to take a moment to congrat ulate them and say to all MPs that if you need an ex-ample of what it means to be truly involved in your communities, look no further than those two MPs. Oh, and they are both for St. George’s. Thank you.
The SpeakerThe SpeakerYou had everybody on a good foot until you said that. Thank you, Member. Would any other Member wish to speak?
The SpeakerThe SpeakerSounds like a Somerset fella.
Mr. Dennis Lister IIIYes. Yes. Good morning to the listening audience. Good morning to my fellow colleagues. Mr. Speaker, I would like to also just as sociate myself with the comments made to congratulate Mi nister Ming and Minister Tyrrell on their appointments. Mr. Speaker, as has been stated, MP Ming and her …
Yes. Yes. Good morning to the listening audience. Good morning to my fellow colleagues. Mr. Speaker, I would like to also just as sociate myself with the comments made to congratulate Mi nister Ming and Minister Tyrrell on their appointments. Mr. Speaker, as has been stated, MP Ming and her coming from Robin Hood corner, but she is also a work colleague of mine also. So it is good to see that we also are being promoted as work colleagues, but also not just from Robin Hood corner, but also in the House of Parliament. Mr. Speaker, I would also like to send congratulations to a young Mr. Bakari Simons, a constit uent of mine, who recently graduated from the Univers ity College of Osteopathy. And that is the study of a medicine that (let me get it correct), a study of a type of alternative medicine that emphasises physical m anipulation of muscle tissue and bones. And just a quick note: Pract itioners of osteopathy are referred to as osteopaths, which comes from the Greek words f or bone and sensitive to. So he studies bones and muscles. But also, Mr. Speaker, he will actually go down in history as the first Bermudian to graduate with this degree in osteopathy. So definitely would like to send those congratulations to young Mr. Bakari S imons. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Lister. Does any other Member wish to speak? Hon. Trevor G. Moniz: Mr. Speaker.
The SpeakerThe SpeakerYes. It sounds like MP Moniz. Bermuda House of Assembly Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: Thank you. I join in today to ask for the House to send congratulations to the su bject of a recent article in the Royal Gazette Lifest yle section to Ms. Honor Brady, who works for Transport for London. And she was highlighted, I believe …
Yes. Hon. Trevor G. Moniz: Thank you. I join in today to ask for the House to send congratulations to the su bject of a recent article in the Royal Gazette Lifest yle section to Ms. Honor Brady, who works for Transport for London. And she was highlighted, I believe yesterday, in the paper. She qualified it with a Master’s D egree in Civil Engineering around 2012 from the University College, London. And she then went to work for Transport for London, originally as a traffic control engineer. And since that time, she has received her accreditation as a chartered engineer, and she r eceived a promotion to a traffic design engineer. And this is the example that we want to set here in Bermuda for women in science and technical fields. This shows an amazing achievement in the field of engineering, [which] in the past [was] quite unusual for a woman. And it is good to see that she is a trailblazer in this area in setting a wonderful example for women and girls in Bermuda. And I would just like to ask to send her our congratulations on her achievements. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Moniz. Does any other Member wish to speak? Hon. Patricia J. Gordon -Pam plin: Mr. Speaker. I do,
Mr. Speaker.
The SpeakerYes. Go right ahead, Honourable Member. Hon. Patricia J. Gordon -Pamplin: Thank you. Thank you, Mr. Speaker.
The SpeakerThe SpeakerLet me just remind Members to please turn on their videos when you speak. Hon. P atricia J. Gordon -Pamplin: Yes, sir. Yes, sir. Thank you, Mr. Speaker. Mr. Speaker, I would like to join in the congratulations that have been extended thus far to both Minister Tyrrell and Minister …
Let me just remind Members to please turn on their videos when you speak. Hon. P atricia J. Gordon -Pamplin: Yes, sir. Yes, sir. Thank you, Mr. Speaker. Mr. Speaker, I would like to join in the congratulations that have been extended thus far to both Minister Tyrrell and Minister Ming. And say, Mr. Speaker, that sometimes promotions and ascensions are bittersweet because in their being elevated to this level of Cabinet Ministers, they have completely dec imated my Public Accounts Committee.
[Laughter]
Hon. Patricia J. Gordon -Pamplin: So I would just like to give them my [INAUDIBLE] fo r the service that they have provided as formidable members of the PAC (committee), and I can assure them that the work in which they have been intimately and integrally i nvolved will certainly be continued as we await new appointments to replace them. And in particular, a special, given the speech that was given by Minister Ming on the motion to ad-journ two weeks ago on which we actually spoke [ INAUDIBLE], I would like to offer her my congratul ations. Mr. Speaker, I would also ask that the Honourable House send condolences to Mrs. Barbara Faries, of Tanglewood, whose husband passed away the early part of this week, as a matter of fact maybe just two days ago, when she was able to send me a note to let me know that he had passed away. If ever there was a t ime, Mr. Speaker, that you go into a home and you know that you were kind of a favourite person of the homeowners, that would have been one occasion. So, Mr. Faries had been struggling with ill health for probably two years. But during that period of time he never lost his spirit. So, you know, it was a lways a pleasure to go by and visit with him. So as his wife, his beloved bride, Barbara, struggles with the loss of her husband, Mr. Faries, who was in his 90s —he was 94 years old. He was in his 95 th year. So he had relatively good innings. But that does not diminish the effects that his widow will feel. And I would certainly ask that this House join me in sending condolences to that family on John Faries’s death, and to Barbara Faries, his succeeding widow — his widow. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
Lt. Col. Hon. David A. BurchThank you. I would be associated with the congratulations to the two new Ministers. I should give them my con-dolences, too, because I told one of them they have got a lot of work to do. [Laughter]
Lt. Col. Hon. David A. BurchBut in any case, Mr. Speaker, I would ask that condolences be sent to the family of Kevin Leon Eugene “World” Lapsley. He worked at Marsh Folly collecting waste for 11 years for the Ministry and was a fixt ure there long before he came to the Ministry. He worked …
But in any case, Mr. Speaker, I would ask that condolences be sent to the family of Kevin Leon Eugene “World” Lapsley. He worked at Marsh Folly collecting waste for 11 years for the Ministry and was a fixt ure there long before he came to the Ministry. He worked at Gosling’s some years ago, and he would turn up at Marsh Folly every 4442 17 July 2020 Official Hansard Report
Bermuda House of Assembly day, literally every day, asking if there was any work there. Eventually in 2009 he was . . . he was able to secure employment t here and really was a fixture. And every member of the team there was shaken by his sudden passing. We have a tradition now in the Ministry, Mr. Speaker, where we actually go to wherever one of our workers work and have a session with the team. And every member of the team at Marsh Folly had something, some personal exper ience to relay about him. And so they devised a plan to pay tribute to him by offering to the family to escort the hearse to the graveyard. I mean, and so in that, Mr. Speaker, it was quit e amazing. The PS [Permanent Secretary] and I attended at Marsh Folly because the family agreed to drive from Somerset with the hearse and family and be escorted back to Somerset by his colleagues. It was quite touching, Mr. Speaker. And apparently, I learned also that we have quite a star singer at Marsh Folly, who is known to a whole lot of folks, but he was not known to me. And so he had his first go at what he was going to sing at the graveyard at Marsh Folly while we were waiting for them. And the PS and I just stood there in amaz ement. He really has some talent. And that was Ali Smith. Mr. Speaker, I asked the workers why they called him “World.” You know, we Bermudians have a nickname for everybody, and it usually has some connection to some strange —some strange thing som ewhere. Anyway, they said they called him World because his head was big like a world. And he accepted that nickname, as most people do. So I would ask that condolences be sent to his widow Juliette and his f ather Leon “Spider” Blakeney, and the entire Lapsley family on the passing of this dedicated and committed worker, and to the Government and people of Berm uda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Burch. And Mini ster Burch, I would like to be associated with that one as well, as he has strong Somerset roots from the heart of Somerset. Thank you. [Inaudible interjection]
The SpeakerThe SpeakerWould any other Member like to speak? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerNo other Member? Hon. E. David Burt: Mr. Speaker.
The SpeakerThe SpeakerYes. Yes. Go ahead. Hon. E. David Burt: Thank you. I am uncertain if it has been done already, and I am sure that I am associating myself with the condolences of which may [have been] offered certainly, with the condolences to the family of iconic Bermudian actor, Mr. Earl …
Yes. Yes. Go ahead.
Hon. E. David Burt: Thank you. I am uncertain if it has been done already, and I am sure that I am associating myself with the condolences of which may [have been] offered certainly, with the condolences to the family of iconic Bermudian actor, Mr. Earl Cameron, CBE. His life and legacy tell the story certainly of a Bermudian who broke barriers and did not allow humble beginnings to confine his life’s path. And although we mourn Mr. Cameron’s passing, I know th at all of Bermuda joins me in celebrating his long and remarkable life. We extend our sincerest condolences to his wife, children and family. And I am certain that he will rest in peace, with the memory of all that was achieved and the ground- breaking life which happened from the place, his humble beginnings in North Hamilton, or the Back o’ Town. Mr. Speaker, I would also like to extend my condolences to the family and friends of Mr. Amon Brown, who tragically lost his life during an incident that took pl ace earlier this month. He will certainly be a huge miss to his family and friends, and I pray that they find peace and comfort during what must be an incredibly difficult time of mourning. Mr. Speaker, last week I was honoured to attend the 39 th Annual S ports Awards, or participate in the virtual sports awards hosted by the Department of Youth, Sport and Recreation, and to present Berm uda’s top athletes with their awards. Congratulations to all the winners who were recognised for accomplis hments in sports , both domestically and internationally. As a country, we had a lot to be proud of on the spor ting stage last year, and it was a pleasure to be there to celebrate the top accomplishments for our athletes. I also want to pause to celebrate all the coaches, the men and women who work tirelessly to ensure that our athletes are in optimal condition and have mastered their respective sports to be able to perform on the world stage. And with that, Mr. Speaker, I also want to send congratulations certainly to the Minister responsible for Sports and the Department of Youth, Sports and Recreation, who did a fabulous job in arranging–– and also the Department of Communications did a fabulous job of adjusting the event to make sure it could take place in a virtual and limited environment, while still making sure we paid homage and celebrated our athletes in an appropriate fashion. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. Are there any other Members who wish to speak? No other Members? Before we leave this, I would just like to add my remarks to that and what the Premier just gave in regard to the late Earl Cameron. And I think we should include the whole …
Thank you, Premier. Are there any other Members who wish to speak? No other Members? Before we leave this, I would just like to add my remarks to that and what the Premier just gave in regard to the late Earl Cameron. And I think we should include the whole House in that, Premier, in that Mr. Cameron was a barrier -breaker in his life in that he was one of the early black members to become recognised in the arts and acting field in England. And I think of him, and I think of that, I think
Bermuda House of Assembly of Sir Clyde Best who likewise was a barrier -breaker in the sport of football. Whenever I spoke with Mr. Cameron, he would always call me “Allen’s nephew,” because he knew my Uncle Allen very well. And I was always “A llen’s nephew" rather than Dennis or the Speaker even, because the last time I was with him I was Speaker, and we had a good chat about some of my roles as S peaker. But I was always “Allen’s nephew” to him. With those remarks, we will move on.
MATTERS OF PRIVILEGE
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 are some eight Government Bills to be introduced this morning. And the first two, Premier, are yours. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I have the . . . I am certainly looking at the wrong document, so let me try that again. FIRST READING …
There are some eight Government Bills to be introduced this morning. And the first two, Premier, are yours.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I have the . . . I am certainly looking at the wrong document, so let me try that again.
FIRST READING
GAMING (TRANSFER OF FUNCTIONS) ACT 2020
Hon. E. David Burt: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting (and that is): the Gaming (Transfer of Functions) Act 2020.
The SpeakerThe SpeakerThank you. Would you like to do the second one? FIRST READING TOURISM INVESTMENT AMENDMENT ACT 2020 Hon. E. David Burt: Thank you, Mr. Speaker. I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of …
The SpeakerThe SpeakerGood. Thank you, Premi er. The next four Bills are in the name of the Mi nister of Health. Minister, would you like to do your Bills? Mi nister? [Pause]
The SpeakerThe SpeakerMinister Dickinson, would you like to do yours, and we will come back to Minister Wilson? Hon. Curtis L. Dick inson: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo ahead. FIRST READING TRUSTS (SPECIAL PROVISIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Minister, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Trusts (Special Provisions) Amendment (No. 2) Act …
The SpeakerThe SpeakerThank you. FIRST READING GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill, whi ch according to section 36(3) of the Bermuda Constitution, requires the Governor’s recommendation so that it may be placed on the Order Paper for the …
Thank you.
FIRST READING
GOVERNMENT LOANS AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill, whi ch according to section 36(3) of the Bermuda Constitution, requires the Governor’s recommendation so that it may be placed on the Order Paper for the next day of meeting: Gover nment Loans Amendment (No. 2) Act 2020.
The SpeakerThe SpeakerThank you, Minister. Minister Wilson? Minister Wilson? Hon. E. David Burt: Mr. Speaker, if the Minister is not [sic] busy, do you mind if I introduce her Bills for her?
The SpeakerThe SpeakerGo right ahead, Premier. Hon. E. David Burt: Thank you, Mr. Speaker. I am introducing the follow ing Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting. 4444 17 July 2020 Official Hansard Report Bermuda House of Assembly …
Go right ahead, Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. I am introducing the follow ing Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting. 4444 17 July 2020 Official Hansard Report
Bermuda House of Assembly And can I do all the Bills at once, Mr. Speaker?
The SpeakerThe SpeakerDo all four, yes. FIRST READINGS CRIMINAL CODE AMENDMENT ACT 2020 CRIMINAL CODE AMENDMENT (NO. 2) ACT 2020 EXPUNGEMENT OF CONVICTIONS ACT 2020 HEALTH PROFESSIONALS (MISCELLANEOUS AMENDMENTS) ACT 2020 Hon. E. David Burt: Thank you. I am introducing the following Bills for their first reading so that they may be …
Do all four, yes.
FIRST READINGS
CRIMINAL CODE AMENDMENT ACT 2020
CRIMINAL CODE AMENDMENT (NO. 2) ACT 2020
EXPUNGEMENT OF CONVICTIONS ACT 2020
HEALTH PROFESSIONALS (MISCELLANEOUS AMENDMENTS) ACT 2020 Hon. E. David Burt: Thank you. I am introducing the following Bills for their first reading so that they may be placed on the Order Paper for the next day of meeting: the Criminal Code Amendment Act 2020, the Criminal Code Amendment (No. 2) Act 2020, E xpungement of Convictions Act 2020 and Health Pr ofessionals (Miscellaneous Amendments) Act 2020.
The SpeakerThe SpeakerThank you, Ministers and Premi er. OPPOSITION BILLS
The SpeakerThe SpeakerThere are no Opposition Bills. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerNo Private Members’ Bills. NOTICE OF MOTIONS
The SpeakerThe SpeakerNo notices of motions. ORDERS OF THE DAY
The SpeakerThe SpeakerThe first Order of the Day would be the consideration of the Public Health (COVID -19) Emergency Extension Order. Again, the Minister of Health is not available there. Hon. Kim N. Wilson: Actually, I am here, Mr. Speaker. I am sorry.
The SpeakerThe SpeakerOkay. Minister, would you like to do your m atter? SUSPENSION OF STANDING ORDER 23(3) Hon. Kim N. Wilson: Yes. Thank you. Mr. Speaker, I move that Standing Order 23(3) be suspended to enable the House to proceed with the consideration of the Order entitled the Public Health (COVID -19) …
Okay. Minister, would you like to do your m atter?
SUSPENSION OF STANDING ORDER 23(3) Hon. Kim N. Wilson: Yes. Thank you. Mr. Speaker, I move that Standing Order 23(3) be suspended to enable the House to proceed with the consideration of the Order entitled the Public Health (COVID -19) Emergency E xtension Order 2020, proposed to be made by the Minister of Health in exercise of the power conferred by section 107A of the Public Health Act 1949.
The SpeakerThe SpeakerMembers, are there any objections to the suspension of Standing Order 23(3)? None. Continue, Minister. [Motion carried: Standing Order 23(3) suspended] Hon. Kim N. Wilson: Mr. Speaker, just before I pr oceed, I have a document that I need to refer to, but I think it is going to turn …
The SpeakerThe SpeakerYour camera? Hon. Kim N. Wilson: —my video camera. But is that okay when I get to that?
The SpeakerThe SpeakerWell, we will let you proceed, and then you can switch back. Hon. Kim N. Wilson: Thank you. Thank you. ORDER PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION ORDER 2020 Hon. Kim N. Wilson: Mr. Speaker, I am pleased to invite this Honourable House to consider the Order entitled Public Health …
Well, we will let you proceed, and then you can switch back.
Hon. Kim N. Wilson: Thank you. Thank you.
ORDER
PUBLIC HEALTH (COVID- 19) EMERGENCY EXTENSION ORDER 2020
Hon. Kim N. Wilson: Mr. Speaker, I am pleased to invite this Honourable House to consider the Order entitled Public Health (COVID -19) Emergency Extension Order 2020. Mr. Speaker, as the Minister of Health, I have consulted the Chief Medical Officer and determined that a communicable disease of the first or second category, namely, COVID -19, continues to pose a severe threat to public health in Bermuda. This Order will extend the Public Health (COVID -19) Emergency Order 2020 made under the Public Health Act 1949 to permit the Governor to continue the Public Health (COVID -19) Emergency Po wers Regulations 2020, which imposed extraordinary measures necessary in the interest of public health to prevent, control and suppress COVID -19. Mr. Speaker, Honourable Members will be aware t hat the Public Health (COVID -19) Emergency Order 2020 was made under the negative resolution procedure effective the 30 th of June 2020 for 30 days, expiring on the 29th of June [sic] 2020. However, the COVID -19 pandemic continues to rage on globally, and a public health emergency continues to exist in our shores. Mr. Speaker, I would like to take this opportunity to remind the public of their civic responsibility to take steps to protect themselves, their loved ones and their neighbours. We live on a very small Island, and the potential spread of COVID -19 can reach medically vulnerable members of our community very quickly. One way to slow the spread of this virus is
Bermuda House of Assembly wearing a mask to cover your nose and mouth, as well as physical distancing. The more space between you and others, the harder it is for the virus to spread. Other important tips for members of the public include frequent washing of your hands with soap and water for at least 20 seconds. When soap and water are unavailable, the use of alcohol -based hand sanitiser [is recommended]. Avoid touching your eyes, nose or mouth with unwashed hands. Practice good respiratory etiquette, including covering your coughs and sneezes. Avoid close contact with people who are sick. And of course, if [someone is] sick, Mr. Speaker, ]they] should stay home. Obviously, all of this information can be located on the government website. Mr. Speaker, sometimes I have to admit I feel like a broken record, always repeating myself. Ho wever, in circumstances such as the seriousness of this pandemic, repetition is necessary. The importance of quarantine cannot be overemphasised, Mr. Speaker. We know that COVID -19 is caused by a virus that has spread quickly throughout the world. And COVID -19 spreads easily between people who are in close contact, or through coughs and sneezes. And most people who are infected will suffer mild flu- like symptoms. But some become seriously ill and even die. There is no effective treatment or vaccine for COVID -19. So other ways of slowing or controlling its spread are needed. And one of such ways [that] has been announced by the World Health Organization with respect to controlling the disease is quarantine. And this means separating healthy people from other healthy people in case they have the virus or can spread it. Mr. Speaker, it is important to note also that the practice of quarantine is particularly of importance when you are a returning traveller to the country of Bermuda, coming from a place that has rapid COVID - 19 spread. Strong evidence has found quarantine to be very important in reducing the number of people infected and the number of deaths. And this turns me to the importance of following, Mr. Speaker, public health directions and the legal requirements such as the requirement to quarantine. Mr. Speaker, I would like to take this opportunity to remind members of the public that section 12(1) of the Quarantine (COVID -19) (No. 3) Order provides, in summary, that any traveller that arrives in Bermuda must take a COVID -19 test upon arr ival at the airport and “shall” —which is obligatory, Mr. Speaker —“place himself in quarantine at the house or accommodation . . . until such time as he shall receive the results.” And, Mr. Speaker, the penalties with r espect to a breach of that provision are outlined in the Quarantine Act 2017 , which provides a penalty of a sum, a fine in the sum of $25,000 and/or six months on summary conviction. So you can see, Mr. Speaker, that the penalty to be imposed is quite severe because it represents the severity of persons not abiding by public health requirements and legal requirements. And as such, Mr. Speaker, it saddens me that I had to report yesterday that one person who had recently arrived in Bermuda who was required by law to quarantine until they received their results did not do so. And the r esults came back positive. So as a result, my team spent most of yesterday, day and night, doing case management, tr ying to contact trace all those persons that this individual I am speaking about was in touch with when they arrived to the Island, did not wait until the time of their quarantine was expired and went straight to work. Mr. Speaker, I cannot emphasise enou gh the importance of the persons and members of the public adhering to the public health regulations as they relate to the need to quarantine until they have had their r esults received. This is very serious, Mr. Speaker, and I think all of us should join t ogether in trying to encourage and impress upon members of the public the i mportance of adhering to the public health guidelines and the legislation. Therefore, Mr. Speaker, thank you. And in accordance with section 107A(3) of the Public Health Act 1949, I bring this Extension Order to this Honourable House to prolong the state of public health emergency for a further 90 days, ending on the 27 th of Se ptember 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to spe ak? Hon. Patricia J. Gordon -Pamplin: Yes. Thank you,
Mr. Speaker. It is MP Gordon- Pamplin.
The SpeakerYes. MP, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the Minister indicated in her opening remarks that she is beginning to sound like a broken record. And I also echo those sentiments, but I also start to question whether the replay that …
Yes. MP, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the Minister indicated in her opening remarks that she is beginning to sound like a broken record. And I also echo those sentiments, but I also start to question whether the replay that is going on in my head, whether it has been vocalised before or whether it has just been dancing around in my brain, because I believe that the seriousness and the threat under which our country has found itself through COVID -19 cannot be mentioned enough. People cannot be made aware enough how serious this particular virus is and how it is impacting us as a people. I just wanted to make a correction. The Mini ster indicated when she spoke, I believe it was just ei-ther a typo on her brief or just a misstatement, that the initial order was put in place on the 30 th of June and for 30 days. And then she said it expired on the 29th of June. It actually expires on the 29th of July of 2020. And what this Order is now doing is seeking to extend this Order for another 60 days until the 27th of Se ptember. 4446 17 July 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, we have seen the impact of COVID -19 and what it is doing, in fact , in the United States and how it seems to be a second wave that is rearing its head. I believe that as a people, we have made tremendous sacrifices to ensure that we have not been so negatively impacted as to be in an unmanageable position. So as a result of the efforts and the sacrifices that we have made as a people, we have managed to keep this thing under control to the extent that we have not been . . . you know, we have not had the deaths, we just have not had the trajectory that might otherwise have been done had we not taken the steps that we have taken. So it is very i mportant. Mr. Speaker, I too was tremendously co ncerned and disappointed what the Minister reported in her press conference yesterday about the returning traveller who had decided that he was not going to adhere to the rules and regulations that surround the necessity to quarantine and to behave responsibly in [these] circumstances so that we can continue to manage effectively the impact of COVID -19. What also, though, Mr. Speaker, bothered me even more than the traveller from yesterday is the i mpact that could have been had as a result of the party that we saw going viral. People being able to use common sense, people being able to realise that their actions could negatively impact others, whether wi ttingly or unwittingly. We all are aware that there are some people who may be carriers who may have COVID -19, but who may not be symptomatic. There are asymptomatic people. And under those circumstances, Mr. Speaker, I cannot imagine anyt hing that is more irresponsible, especially coming from senior Members of our Government, who found themselves in the situation of flouting the rules and regulations that were in effect. As the Minister has just highlighted, the stri ngency of the rules and regulations, but the fines that can be meted out under those circumstances with travellers coming and refusing to quarantine, Mr. Speaker, one has to question the extent to which that particular instance and the things that have actually gone viral on te levision —to what extent have those people who are responsible going to be fined? To what extent are there going to be charges brought against those people? Because the one thing we do not want to do, Mr. Speaker, is to perpetuate the idea and the thought of Two Bermudas, that certain people can get away with certain things and others are being . . . you know, that the heavy hand of the law comes down upon them. I believe I can only wrap by saying, Mr. Speaker, that while we do support the extension of this Order, just as a reminder to people that it is i mperative that we continue to look out for one another. We are not necessarily looking out for ourselves and our own households, but people with whom we may come into contact. And those are people who could be vulnerable, but unsuspecting. And in those circumstances [they] can take a situation home to their loved ones, completely unwittingly and totally unfairly, Mr. Speaker. Mr. Speaker, lack of consideration for one another, as the people under these circumstances, is to my mind almost the height of treason. Mr. Speaker, we have to do better as a people. We have to look out for ourselves. But we also, more importantly, [have] to look out for one another. And in looking out for one another, Mr. Speaker, the reprehensible behaviour that we saw at that viral party the other day is equally as egregious to not just me, and I would imagine to the Premier and the rest of his Cabinet, as it is to the people of Bermuda. Because these are situations that we cannot tol erate. And I certainly hope that with the investigation that we heard about in respect of that particular inc ident, Mr. Speaker, that we will see not just a resol ution, but a public declaration of a resolution so that people can understand the seriousness and the situ ation in which we find ourselves. Mr. Speaker, with those few comments, I would like to say that we do agree with the [extension] of the Order until the 27 th of September, notwithstanding that we have those people who might consider that, bec ause we have fared so well, we are not as badly off as we might otherwise have been. But by the same token, it shows that the management that we have had of the situation has stood us in good stead. And because we have managed it well, we need not to rest on our laurels, but rather keep our guard up and to ensure that we continue with the necessary protections that we need to do in order to keep our-selves as a people safe. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? And I am asking only because it has passed one. We were going to go to lunch at one. But if no other Member wishes to speak, we can close this out and then go to lunch. But if other …
Thank you, Member. Does any other Member wish to speak? And I am asking only because it has passed one. We were going to go to lunch at one. But if no other Member wishes to speak, we can close this out and then go to lunch. But if other Members wish to speak, we will have lunch and then come back. No other Members? Minister, would you like to just close us out?
Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I thank the Honourable Member for her contribution. And I would like to reiterate the final comments of the Honourable Member that we cannot as a country, because we have fared so well heret ofore, rest on our laurels and put our guard down. This pandemic is here to stay for quite some time. We have no vaccines or any type of treatment courses that have been made available as of yet. So we do need to ensure that we adhere to the guidelines of public health, as well as the laws as they relate to the COVID -19 pandemic and the Emergency Orders.
Bermuda House of Assembly And on that, Mr. Speaker, again I thank the Honourable Member for her contribution, and I move that the said draft Order be approved and that a suit able message be sent to His Excellency the Governor.
The SpeakerThe SpeakerAre there any objections to the said Order being approved and a message sent to the Governor? No objections. The matter has been approved, and the appropriate message will be sent to the Governor. [Motion carried: The Public Health (COVID -19) Emergency Extension Order 2020 was approved.]
The SpeakerThe SpeakerWith that, Mr. Premier, would you like to move us to lunch? Hon. Diallo V. S. Rabain: Mr. Speaker, the Premier has stepped away and asked that we adjourn for lunch.
The SpeakerThe SpeakerMinister — Hon. Walter H. Roban: Hello, Mr. Speaker. The Deputy is here.
The SpeakerThe SpeakerOh, Deputy. Hon. Walter H. Roban: Mr. Speaker, I move that we adjourn for lunch unt il 2:00 pm.
The SpeakerThe SpeakerYes. Hon. Walter H. Roban: Or like 2:06 perhaps? [Laughter]
The SpeakerThe SpeakerNo, 2:00 pm is fine, 2:00 pm is fine. Leave it at that. Hon. Walter H. Roban: Okay. Mr. Speaker, I move so.
The SpeakerThe SpeakerOkay. Members, the House now s tands adjourned until 2:00 pm. And as always, if you simply turn your cameras and video —mute your micr ophones and turn your cameras off, we will be ready at 2:00 pm when we resume. Enjoy your lunch. [Pause] Proceedings suspended at 1:0 4 …
Okay. Members, the House now s tands adjourned until 2:00 pm. And as always, if you simply turn your cameras and video —mute your micr ophones and turn your cameras off, we will be ready at 2:00 pm when we resume. Enjoy your lunch.
[Pause]
Proceedings suspended at 1:0 4 pm
Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. For the li stening audience, we are about to resume the afternoon session of today’s sitting. We had closed for lunch at the end of the completion of the first Order of the day and now we are about to start the second O rder of the …
Good afternoon, Members. For the li stening audience, we are about to resume the afternoon session of today’s sitting. We had closed for lunch at the end of the completion of the first Order of the day and now we are about to start the second O rder of the day, which is consideration of the Riddell’s Bay (Warwick Parish) Special Development Order 2020 in the name of the Minister of Home Affairs. Minister, would you like to present your matter? Hon. Walter H. Roban: Yes, Mr. Speaker. I do not recall getting the recital from your office on this matter.
The SpeakerThe SpeakerOkay. Basically, I asked him to intr oduce for its second reading the consideration of the Riddell’s Bay (Warwick Parish) Special Development Order 2020. Hon. Walter H. Roban: Okay, Mr. Speaker. I will do it. Yes, I did not get a recital . . . I do not recall getting …
Okay. Basically, I asked him to intr oduce for its second reading the consideration of the Riddell’s Bay (Warwick Parish) Special Development Order 2020.
Hon. Walter H. Roban: Okay, Mr. Speaker. I will do it. Yes, I did not get a recital . . . I do not recall getting a recital from your office on this, but with your permi ssion, I wish to introduce for its second r eading the Riddell’s Bay (Warwick Parish) Special Development Order 2020.
The SpeakerThe Speaker[Are there] any objections? No objections. Continue, Minister. SPECIAL DEVELOPMENT ORDER RIDDELL’S BAY (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER 2020 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I move that consideration be given to the Draft Order entitled Riddell’s Bay (Wa rwick Parish) Special Development Order 2020 , …
[Are there] any objections? No objections. Continue, Minister.
SPECIAL DEVELOPMENT ORDER
RIDDELL’S BAY (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER 2020
Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I move that consideration be given to the Draft Order entitled Riddell’s Bay (Wa rwick Parish) Special Development Order 2020 , the Order to be made by the Minister responsible for Planning in exercise of the power conferred upon the Minister by section 15(2) of the Development and Planning Act 1974. Mr. Speaker, I am pleased to take this opportunity today to provi de this Honourable House with further information on the historic importance of this scheme in addition to providing detail on the process that has led to the formulation of this SDO. Mr. Speaker, the Order seeks to grant permission, in principle, for a period of 10 years from the date of this Order being made for the development of the site, subject to conditions outlined in clause 3(2) of the Order. The conditions include, but are not limited to,
Mr. Speakerall applications for final planning permi ssion of the residential lots shall be in accordance with Residential 2 Development Zone as specified in Chap ters 9 and 27 of the Draft Bermuda Development 4448 17 July 2020 Official Hansard Report Bermuda House of Assembly Plan 2018; status reports of the …
all applications for final planning permi ssion of the residential lots shall be in accordance with Residential 2 Development Zone as specified in Chap ters 9 and 27 of the Draft Bermuda Development 4448 17 July 2020 Official Hansard Report
Bermuda House of Assembly Plan 2018; status reports of the conservation management plan must be submitted at various stages of the development; and site inspections must be undertaken to confirm the requisite conservation manage-ment plan has been completed; roadways must be installed prior to the development of the new vacant residential lots; the development of the Nature R eserve area, the Open Space area, the Recreational area, and the Woodland Reserve area shall be in accordance with the provisions set out in the Draft Bermuda Plan 2018. Mr. Speaker, the Order also seeks planning permission to subdivide land with conditions outli ned in clause 4(2) to: • create 18 vacant residential lots totalling 23 acres (9.307 hectares) —approximately 25 per cent of the property —intended to each accommodate one detached house; • develop four conservation areas totalling 64 acres (25.899 hectares) —an estimate of 75 per cent of the property —and comprised of a Nature Reserve totalling 18 acres (7.284 hectares), an Open Space area totalling 14 acres (5.665 hectares), a Recreational area totalling 19 acres (7.689 hectares), and an Open Space area totalling 13 acres (5.260 hectares); • develop an internal system of roadways and associated parking areas, a network of footpaths and private and communal outdoor ar eas and landscaped grounds. Mr. Speaker, clause 5 of the Order declares that “nothing in this Order grants planning permission, final or in principle, for any matters of development for which planning permission is required, apart from any matter for which planning permission in principle has been granted by paragraph 3 and planning permission for the subdivision has been granted by paragraph 4.” To be clear, applications must be submitted for planning permission for the development of each of the 18 lots. And I will repeat that because I think it is very important that people understand this. To be clear, applications must be submitted for planning permission for the development of each of the 18 residential lots. Mr. Speaker, I would like to remind Honour able Members of the history of Riddell’s Bay Golf Course. Early legislation of this property dates bac k to 1925 and includes an Act that was passed by the then Parliament to use public funds to financially assist a privately -owned golf course. I am sure that Honour able Members can remember that access was only available to the privileged few. I believe that access was only granted to certain affluent Black members in the latter 20 th century. It is unfortunate that, for far too long, this club, like some others, was closed to the majority of Bermudians. Mr. Speaker, I am most proud to stand before —and sit before a virtual House —this Honourable House, almost a century later, in support of an Order which grants all Island residents public access to 64 acres of land. Mr. Speaker, I have received much commentary on the legitimacy of the developers’ intention to have the new conservation areas accessible to the public. Please allow me to assure the general public that the developer —a Bermudian— has remained transparent and steadfast with his intention to create valuable conservation land, not just for the general public to enjoy and interact with, but also to provide critical habitat for birds and other flora and fauna. I have a letter of commitment from the developer, Mr. Daniel Tafur, which confirms the following: The 46- acre Gardens (Areas B, C & D)” (and I am quoting from the letter that I received, Mr. Speaker, just for your information) “will be accessible to the public for a minimum of 50 hours per week. The exact time and days for opening hours are subject to change based on the seasons, required maintenance and guidance from environmental groups on changes to access for protection of plant and animal species during specific times of the year. The 18- acre Nature Reserve (Area A) will be accessible to the public by appointment only. This is for the protection of the bird and plant life in the area and to prevent overcrowding in the most ecologically sensitive area of the site. The Nature Reserve will serve as an educational resource for schools/student groups and environmental groups. The exact times and days f or opening hours will follow those of the Gardens and are subject to change based on the seasons, required maintenance and guidance from env ironmental groups on changes to access for the pr otection of plant and animal species during specific times of the y ear. Mr. Speaker, before this scheme was submi tted as a subdivision application to the Department of Planning, I had been made to understand that the developer first presented the scheme to a former admi nistration in determining options on how to approve such a scheme. It was always acknowledged that the proposal could not be approved through the regular planning process. Simply put, the residential zoning of the site did not afford the Development Applications Board (known as the DAB) the discretion to grant subdivision approval for residential lots despite the enormous planning gain through the creation of new conservation areas. Mr. Speaker, it has been most disconcerting to learn that the Minister at the time was more di sposed to approve the scheme via a n appeal to the Minister responsible for Planning. An appeal decision would have been the sole decision of one Minister and, therefore, absent of the proper debate and scr utiny by the Legislature of which we now sit today. Fur-ther, I am informed that it was intended to protect the new conservation areas by a section 34 agreement,
Bermuda House of Assembly an agreement which can be changed at any time, subject to ministerial approval. Mr. Speaker, please allow me to fast forward to the present day where the rightful method to approve such a scheme is via a Special Development Order (SDO), a framework that ensures absolute transparency through debate in the House. It is i mportant to note that an SDO is a form of planning permission, lawful planning permission under section 15 of the D evelopment and Planning Act 1974, and is granted when the development is considered to be in the national interest, perhaps also termed the public interest. In this case, the Riddell’s Bay SDO undoubtedly involves a tremendous public change given the creat ion of new conservation areas which the public can access. Mr. Speaker, it is of value to mention that the consultation that the developer undertook with all environmental groups in advance of submitting a subdivision application to the Department of Planning . . . I will repeat that, Mr. Speaker, because I think it is i mportant to state that again. It is of value to mention that the consultation that the developer undertook with all environmental groups in advance of submitting a subdivision application t o the Department of Planning, specifically, detailed presentations of the scheme had been made to BEST, the Audubon Society, Greenrock and the National Trust. Mr. Speaker, to this end, I would like to share a snapshot of comments which are on record by these environmental groups. Firstly, the Bermuda Audubon Society, and I quote, “while we are loath to see any of our precious remaining open space given over to development, we accept that in this case, there is a pragmatic need for the new landowners to sell some lots for development in order to be able to set aside a sizable area as a reserve, which will benefit Bermuda as a whole.” I will now go on to Greenrock, Mr. Speaker, “ If anything, we saw it as a potential planning gain for the people of Bermuda i n terms of expanding the land back to protected green space.” Mr. Speaker, it would be remiss of me not explain the in- depth assessment of the scheme performed by technical officers within the Department of Planning. This project has undergone an exhausti ve environmental analysis and scrutiny. I will repeat that sentence as well, Mr. Speaker. This project has undergone an exhaustive —I repeat, exhaustive — environmental analysis and scrutiny. The application submission included a comprehensive environmental impact statement and conservation management plan, by virtue of the statutory advertising process required by the Development and Planning Act 1974. This application was afforded public scrutiny because the law requires it, Mr. Speaker. The submission deta ils were comprehensively reviewed by technical officers of the Departments of Planning and Environment and Natural Resources. That is two departments, not just one, Mr. Speaker. That is two departments —the Department of Planning and Environmental and Natur al Resources —as well as non- governmental organisations and members of the community. Mr. Speaker, the Department of Planning, in their review of the comprehensive submission, reached the conclusion that the proposal represented an appropriate form of sust ainable development which would bring about notable public benefits that would outweigh any harm brought about by the loss of rec-reationally zoned land. Mr. Speaker, the department’s Board Report, which is accessible on their website, clearly articulates the following salient points: 1. The Development Applications Board did not have the discretion to approve the application, given [that] the subdivision of land for residential lots is not permitted within a recreational zoning, as per the Draft Bermuda Plan 2018. 2. Given the inability of the DAB to approve, coupled with the position of the department that the application represented a scheme of national significance and importance, it ther efore warranted a Special Development Order. Mr. Speaker, in accordance with section 15 of the Act, planning permission granted by a develo pment order may be granted with or without conditions. So just to make that clear, Mr. Speaker, SDOs and their approval is not unlawful or overriding planning approval. They are part of the planning process. I just want to go slightly off -script and make that clear. A number of stringent conditions have been included in the Order which sets out the standards of the deve lopment lots in addition to the requirements regarding how the Conservati on Management Plan to create the new conservation areas shall be implemented. Mr. Speaker, in essence, it is the addition of the 64 acres of conservation land that garners the n ational interest component of this SDO. The two con-servation lots, split into four categories, including the Nature Reserve, Open Space, Recreation and Woodland significantly upgrades the conservation status of the existing recreational zoning. Notably, the vast size of this conservation area, in its entirety, exceeds the size of th e majority of Government Nature Reserves and/or National Parks on the Island. Mr. Speaker, I must also clarify the misinformation that has been espoused by some objectives in respect to the level of protection which is afforded in land zoned recreational. The development is actually permissible on recreational zoned land, such as, sports clubs, racing tracks, educational facilities and horse stables. Even accessory uses to recreational development, such as, commercial and even tourism accommodation are per mitted. Land formerly zoned as recreation has been zoned for other uses in Bermuda. And I will give two such examples, Mr. Speaker, they include Somersfield Academy (formerly the 4450 17 July 2020 Official Hansard Report
Bermuda House of Assembly National Sports Club) and the Newstead Belmont development. Other zones such as Nature Reserves and Open Space reserves are afforded significantly greater protection from development than recreational zones. Mr. Speaker, against the backdrop of the current challenges being faced by our community, I am certainly proud to introduce this scheme that repr esents a significant ecological and social gain for the Island. It has, undoubtedly, tremendous potential to inject an estimated $75 million in capital investment into the economy, providing a much- needed stimulus to various business s ectors, including construction, landscaping, real estate, and other retail services and industries and, most importantly, provide jobs for Bermudians. Mr. Speaker, to conclude I would like to, once again, take this opportunity at this time to thank the developers, in particular Mr. Daniel Tafur, for undertaking such a significant venture, which entails muchneeded new investment into our country, as well as valuable conservation land for the benefit of the community. We applaud the developer for continuing to believe in Bermuda as a sound and promising jurisdi ction in which to invest. Mr. Speaker, I would also like to thank some others, the technical officers at the Department of Planning and other agencies, who have contributed to the preparation of this legislative effort: the Director of Planning Ms. Victoria Pereira, Mr. Larry Williams, Mr. Paul McDonald, and Parliamentary Counsel Amani Lawrence. I would include in that the PS for Home Affairs Ms. Rozy Azhar and others who have given us counsel through this process. Mr. Speaker, I now invite Honourable Members to give consideration to this Order and I move that the . . . I am sorry.
The SpeakerThe SpeakerThat is okay. Hon. Walter H. Roban: I move that the Order be co nsidered by Members of the Legislature.
The SpeakerThe SpeakerExactly. Just so the other Members can [consider]. Are there any other Members who wish to speak to this? Mr. Sylvan D. Richards, Jr.: Yes, Mr. Speaker, Sy lvan Richards here.
The SpeakerThe SpeakerI recognise the Honourable Member Mr. Richards. You ha ve the floor. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, before I start with my remarks on this, I would like to thank the Minister and his tec h-nical people for reaching out to Members of the …
I recognise the Honourable Member Mr. Richards. You ha ve the floor. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, before I start with my remarks on this, I would like to thank the Minister and his tec h-nical people for reaching out to Members of the O pposition in advance of today’s parliamentary sitting.
Hon. Walter H. Roban: Honourable Member, you are very low on your volume and I am having difficulty hearing you.
Mr. Sylvan D. Richards, Jr.: Okay. Can you hear me better now?
Hon. Walter H. Roban: Yes, a bit better, yes. Thank you.
Mr. Sylvan D. Richards, Jr.: Okay. I got my micr ophone turned up as loud as I can.
Hon. Walter H. Roban: That is better, thank you.
Mr. Sylvan D. Richards, Jr.: Okay, I will speak lou der. Okay, I was saying that I wanted to thank the Minister and his technical people for consulting with Members of the Opposition in advance of today’s si tting. It was very helpful to sit with him and his tec hnical people to understand the process that this SDO went through to bring us here where we are today. And I just want ed to thank him for reaching out to the Opposition and allowing his technical people to brief us and to bring us up to speed. Now, Mr. Speaker, SDOs in Bermuda, and when you are dealing with rezoning land in Bermuda, there is going to be a certain amount of controversy involved for a number of different reasons. We live on a very small Island [where] in a lot of neighbourhoods we are kind of jam -packed up next to one another. Bermuda is one of the most dense countries in the world in terms of residential density. So, whenever there is a planning application made or a change in zoning, it is inevitable that there are certain feathers that are going to get ruffled. And that is what has happened with this SDO. Now, my personal view is my personal view. And I am going to give that today. And my parliamentary colleagues, they will come behind me and they will speak on some of the concerns that they may have regarding this SDO. Now, the positive things that I see about this project are that it is going to take a very large piece of land that, before this, was used as a golf course and, as the Minister alluded in his comments, has a very chequered past with certain segments of Bermuda not being allowed to enter that property or, if you were not a member of the golf club there, you could not play on that property. So, we all know the history of Riddell’s Bay. It is well enshrined in our cultural history. So, I am not going to belabour that point. We all know that. Now, this land, that is private property now, was purchased in . . . well, Riddell’s Bay went into receivership in 2016, and was later purchased by the
Bermuda House of Assembly developers. And the developers took a risk. They raised the capital to buy that property. And there was no guarantee that they were going to be able to g et that property re- zoned from recreational to where it is today. So, they took a risk and the risk is paying off. Make no mistake about it. There is an altruistic aspect to this development, but the developers stand to make quite a bit of money off of thi s development. I do not begrudge them of that. So, basically what we have is 64 acres of conservation land which is being created by what we are doing here today. Part of that land —those 64 acres —will be Natural Reserve, another portion will be open space. Another portion will be woodland. And then a certain amount will remain recreation land. And of that development, it is the 23 acres that will be zoned vacant residential property and, of those 23 acres, it will be divided into 18 lots, which will be sol d as residential lots. Now, it is interesting that there may not end up being 18 homes built on that property, because I have been made aware that the developer is encouraging potential buyers to buy more than one lot so that they can have a home and a ni ce big yard that goes with it. So, even though there are 18 lots, there is no guarantee that there will be 18 homes built on that property. Now, with any development of this type when it is made public there will inevitably be objectors to the project. An d that is the case here. There were 39 written objections to the development. And the most common objections were actually related to the zoning changes. So, the change of zone from recreation to what we are doing here today resulted in 39 written objectio ns being submitted to the Department of Pla nning. In addition to the 39 written objections, there was a “ www.change.org ” petition that was started and apparently it was started before the project . . . well, it was st arted in the early days of the project. And this petition was signed by approximately 3,000 people. And I think a lot of us listening and who are here today will be aware of www.change.org . It is a very popular method to make your opinion and voice known. Now, what is interesting is that the www.change.org petition was signed . . . the 3,000 that signed it (approximately) were both locals and non-locals. So, it was not entirely Ber mudians who signed that petition. The non- locals, some were probably foreign members of the old Riddell’s Bay Golf Club who felt that they did not want to see that land changed or rezoned into anything but a golf course, which is understandable. Now, the Minister in his remarks mentioned something that came up during our meetings with him before this sitting today, and that was that the deve loper has committed that public access would be granted to the 64 acres of conservation land. So, that is a very good . . . that is a very positive thing for Bermuda. It is going to be new conservation land added to the stock that we already have. And the Bermudian public, according to the developer, will be allowed a ccess to that land. Some of it will be during certain times, such as the Nature Reserve aspect of the land, which is understandable, because you do not want people trampling all over national reserves 24 hours a day. And the Minister mentioned in his remarks that he has a letter of commitment from the developer ensuring that the public land will be open to the public. Now, on a personal level, this is causing me some concern. And I expressed this to the Minister during our meetings. That public access to the land should be enshrined in the SDO. And it does not a ppear that it is enshrined in the SDO. The Minister has a letter of commitment. Now, my fear is that as time passes, and this SDO fades into ancient memory and, you know, di fferent people come into play on the parts of the developers and the owners, so meone in the future may say one day, You know, I don’t want the public having access to this land, for whatever reason. Who knows? I cannot see into the future. But I do know human na-ture. And my fear is that because the public access aspect is not enshrined in the SDO, this may be problematic at some point in the future. One thing about SDOs, once we get out a certain number of years from the SDO, then we really see whether it was a good decision or a bad decision. And the same will be the case for this particular order. Another aspect of this process that is pro blematic for me is that the Development Applications Board, which basically opines and makes rulings on planning applications in the Island, was legally pr evented from making a decision regarding this SDO because it involved rezoning land. That needs to be remedied. I believe if we are going to have a Development Applications Board, then they should be given jurisdiction on all things relating to development in Bermuda. Well, the Minister did say i n his remarks that an SDO is a form of planning permission. Now, I think that can be debated. My view is that the DAB should be given authority and oversight over these types of decisions, and I would encourage the Minister to bring forth legislation to remedy this. I think it is a quirk. I had never heard of it before this particular SDO, and it is causing me some discomfort and it needs to be a ddressed. The positives for this development are that we find ourselves in an economy which is struggling at the moment and we are going to need investment — inward forward investment . Hopefully this project will do that. There have been several numbers bandied about as to how this development will benefit Berm uda. I have heard numbers from $45 million to $75 mi llion. That will remain to be seen. But the Island finds itself in a situation where we need inward forward i nvestment, we need construction that is going to result 4452 17 July 2020 Official Hansard Report
Bermuda House of Assembly in jobs for Bermudians, so that is a definite benefit that we will get as a result of this development. Another benefit is that a large, as I mentioned previously, 64- acre lot of conservation land will be created. And as I mentioned, Bermuda is densely packed, so anything that adds to our nature reserves is appreciated and will benefit Bermuda in the l ong term. The Minister mentioned that conservation groups in Bermuda were consulted. That is a positive. So, I am glad that they were brought into the process. And to their credit, the developers listened to the recommendations that they were given. So, I will keep my comments short and sweet. That is where we are at. I do believe that this deve lopment has the potential to benefit Bermuda in a number of different ways. There are some concerns that I have and I have outlined them in my remarks, and I am fai rly certain that my parliamentary co lleagues will come behind me and express their views on this. So, with that, Mr. Speaker, I will sign off.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak to this? Hon. Patric ia J. Gordon -Pamplin: Yes, Mr. Speaker, it is MP Gordon- Pamplin.
The SpeakerThe SpeakerYes, MP, go right ahead. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I, too, wish to add my vote of thanks to the Minister for enabling a consultation pr ocess to occur between his technical officers and us in the Opposition so that we had a …
Yes, MP, go right ahead.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I, too, wish to add my vote of thanks to the Minister for enabling a consultation pr ocess to occur between his technical officers and us in the Opposition so that we had a better understanding of the underlying challenges in respect of this partic ular development, the steps that have been taken, and the purpose for which the Minister has seen fit to be able to make an approval or to make a recommendation for the special development order in respect of this property. I want to also go back, Mr. Speaker, to the Minister’s opening salvo in which he spoke about the history of the property . And my comments are actually going to mirror those of my colleague, so I do apol ogise if it appears to be duplication. But I believe there are some things that need to be said more than once in order for them to make sense. So, in the early 1900s when t he Act was put in place for the development and the creation of Ri ddell’s Bay, the Minister has indicated that it was closed to the majority of Bermudians. And it was accessible through membership and exclusivity by pe ople, for the most part, who did not l ook like most of us sitting in front of these cameras today. There had been, towards the late 1990s, if not early 2000, some members had been brought in —Black members — more affluent Black members had been brought into the membership of Riddell’s Bay and, therefore, I believe that the board at that time may have believed that they thought that their attitude and their satisfying of a cross -cultural experience had been manifested as a result of the embracing into membership of those people who were not previously members. Here is what is interesting, Mr. Speaker. This development, notwithstanding this SDO, notwithstanding all the positive attributes to which the Minister has spoken, was sold when Riddell’s Bay went into r eceivership. It was sold to the highest bidder. And the highest bidders were effectively of the same melanin as were those people who owned Riddell’s Bay from the beginning. So, I am not sure that the Minister, in making the reference to how different the ownership looked in the early 1900s, has actually given thought to the fact that the people who are now coming for permission for this SDO are actually in the same category, the same demographic. And I am not saying there is anything wrong with it, Mr. Speaker. You will very rarely, if ever, h ear me speak of the segregation of the races and the perpetuation thereof in terms of the decisions that we make in this Honourable House, because it is my fervent belief that any decision that we make here has got to be made for the better good of the ent ire cou ntry. So, I am not holding it against the existing owners, who were the highest bidders, who were the succes sful acquirers of this property. I am not holding it against them —what they look like. But I just wanted to point out the dichotomy of the Mi nister’s statement talking about the people who started it and now the people who are coming to him for special development. There is no difference. And, yes, we acknowledged and recognised, as my colleague has indicated, the history behind the exclusivity of who could and could not go to Riddell’s Bay way back when. However, this SDO has with it a commitment that there would be public access, public meaning that anybody would be able to, within certain constraints, because we recognise, certainly, that wit h areas such as nature reserves and such there is an ecological balance that has to be struck. And, clearly, we do not want to upset that ecological balance by determining that anybody can go anywhere irrespective of the zoning of that particular area. How ever, the Minister indicated that there is, and my colleague r eferred to this, a letter of commitment by the developers. And I am going to underscore and reiterate that this is a cause of concern. The cause for concern, as has been articulated, is exactly the fact that a letter of commitment is not a contractual obligation. And while this property is privately -owned property and there may be certain legalities (I am not a lawyer) surrounding what the Government can or cannot d emand, the fact that this property was acquired as recBermuda House of Assembly reational space with no promise of it being developed or developable in whole in terms of residential structure . . . and I am not sure that I understand that if the developers are coming to the Government to ask for a special dispensation, that the Government cannot demand of them to ensure that it is enshrined in the legislation in respect of the public access. Because what we do not want . . . we can be assured that with the 18 lots that are there for construction that we may be challenged to find a complete or a representative demographic mix, as we have in Bermuda as a whole. So, I do not want to sugar -coat that aspect of it, Mr. Speaker. I think it is important that we realise that a letter of commitment is today’s commitment by today’s people. And what is going to happen when today’s people move on and tomorrow’s people, who are the beneficiaries of today’s people who now own this property, step in and make the determination, Well, you know what? This is our property, we have the title deeds and we also have the developer’s . . . the people who have developed the property have got their money, so it has been sold off. They have the deeds to the plots which they have purchased. So, the whole thing fades into oblivion from the perspective of what today’s letter of commitment says. Because when you now sell off these lots, who is to say that the purchasers of these lots are not going to change their minds about who they want wandering around in their front yards, in terms of the area that is going to be publicly accessible? Looking at the plot plan, as has been shared with us, Mr. Speaker, there is conservation area, a Nature Reserve, recreation and woodland areas. But the properties that will be developed are along the fringes, along the perimeter of those protected areas or rezoned areas in the middle. And it is not going to be long, I would hazard a guess, that somebody is going to make the determination that, I don’t want this person setting up their picnic table on the public aspect of the land because it just happens to be outside of my house. And that is not an uncommon experience that we have had with people who have certain privileges or take certain liberties because they believe that they can have these privileges, Mr. Speaker . So, I am extremely concerned—and we did bring this up with the Minister, so we are not blindsiding him with this comment or observation or concern—that the public accessibility ought to be enshrined in the SDO. The purchasers knew that they had somethi ng that they were not able to develop at the outset and they are now receiving special dispensation to be able to develop. So, if they know that they are going to get something of this property that they did not have, did not know was possible, and did not think that they would get at the outset, then I think that they should, at the very least, agree to the Minister enshrining in the SDO the restriction when it comes . . . the com-mitment that they put in their letter in terms of access to the public. I realise that at the moment, as we speak, parts of that property have been closed off, and it is now not accessible to the public in certain areas. So, I am not going to . . . and I understand that because at the moment this is privately -held property, and if somebody who owns a privately -held property chooses to chain off their access point, it is their decision and their discretion so to do, in my opinion. However, to come to the Government to ask for a special di spensation, I believe that those railings and those fences perhaps need to come down, and that there is something that is enshrined so that somebody som ewhere down the road does not change their mind. Now, the Minister also, in giving the history of this project, Mr. Speaker, indicated that under a prev ious administration when this matter was brought to a previous Minister, that previous Minister sought to approve a development of sorts or looking at this . . . I do not know the exact determination that was made at that point in terms of how far down the path [this] was travelled. But the Minister suggested that the former Minister was going to approve whatever he was going to approve, solely as the Minister, as opposed to going through the process of a special development order. We recognised that th e Development Applic ations Board did not have the authority and, in the lack of their authority would have shown that something is deficient in the DAB. And my honourable colleague spoke to it most eloquently by saying we have got to fix that aspect of it as opposed to bringing something in front of a Minister to consider an SDO, bring it to Parliament for its scrutiny, when the technical officers are the ones who have all the expertise. So, I fully accept and expect that we are going to have some kind of c hange to the legislation in r espect of enhancing and clarifying the powers of the DAB so that they are not put in a situation going forward of having to make a decision that maybe they would have agreed with 100 per cent, but found that their hands were ti ed with making the decision. And by not being able to make the decision, it fell to the purview of the technical officers, who have done a sterling job in this. I have to applaud the work that they have done. You know, as we spoke with those technical officers I realised, Mr. Speaker, that those technical officers have a passion about this project because they believe in the ultimate outcome. They believe that the idea of protected areas, such as woodland reserves and open spaces and recreational spaces and nature reserves, is in the better interest of the country. Mr. Speaker, I am a lot of things. Hypocritical is not one of them. So, in this instance, when we are talking about allowing the ability to have construction done, we recognise . . . and in a way I am almost sor4454 17 July 2020 Official Hansard Report
Bermuda House of Assembly ry for the Government because, up until this point, there has been such a [causality] of ideas by the Go vernment in trying to find something that would assist the economic stimulation for the economy. So, I am not, on the one hand, going to criticise Government for having no ideas for economic stimulation and then try to knock them down on the other side by saying that I am not going to agree with what they are doing, because that would be hypocritical, Mr. Speaker. And, as I said, hypocriti cal is not one of the things that you would append to me. However, Mr. Speaker, I think that what is i mportant is that when the Minister found himself in the situation of having to look at an SDO and that, when he . . . the fact that he felt the necessity to bring in the vehicle that was available to a previous Minister . . . I have to say that I sat in Cabinet for the entire time of the previous administration when this deal all went through, and I do not remember any specifics about this. So, clearly, wha tever happened with it may not have reached the stage of advancement to the point that it became something for us to consider. So, the development of it was kind of new in terms of where we are at the moment. But the Minister made it appear . . . and he ma y not have intended so, but the way it came across was that there was some clandestine motivation on behalf of the Minister of the day in terms of being able to look at this project and—
Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerI will take your point of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: Mr. Speaker, the Honourable Member . . . and I do not believe necessarily that the Honourable Member is doing this purposely, but she is [not only] unintenti onally misleading the House, but also implying …
I will take your point of order.
POINT OF ORDER [Misleading]
Hon. Walter H. Roban: Mr. Speaker, the Honourable Member . . . and I do not believe necessarily that the Honourable Member is doing this purposely, but she is [not only] unintenti onally misleading the House, but also implying improper motive of myself, as if I am trying to do something clandestinely. And I do not be-lieve that is in the spirit with which I have given this presentation and I think it is unfair for the Member to suggest that. It is definitely misleading the House, Mr. Speaker.
Hon. Patricia J. Gordon -Pamplin: I accept —
The SpeakerThe SpeakerHonourable Member, at this point I think the comments on both sides —your previous colleague and the Minister —have been pretty favourable. Hon. Patricia J. Gordon -Pamplin: And Mr. Speaker, I am also very favourable. I am just saying that when the Minister gave his remarks he wa s . …
Honourable Member, at this point I think the comments on both sides —your previous colleague and the Minister —have been pretty favourable. Hon. Patricia J. Gordon -Pamplin: And Mr. Speaker, I am also very favourable. I am just saying that when the Minister gave his remarks he wa s . . . careful to note the history. And I am just saying that it came across to me . . . I am not saying that the Minister had that intent. I am just telling you it came across to me that something untoward might have occurred under . . . when the previous Minister was looking at this —
Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order. Hon. Patrici a J. Gordon -Pamplin: It came across that way — Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerI will take your point of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: I believe, Mr. Speaker, that there is a bit of misleading t he House going on here. I am stating what is public record. I am not stating something clandestine. This is a matter of …
I will take your point of order.
POINT OF ORDER [Misleading]
Hon. Walter H. Roban: I believe, Mr. Speaker, that there is a bit of misleading t he House going on here. I am stating what is public record. I am not stating something clandestine. This is a matter of public rec-ord. That is why we are aware of it; it is a part of the record of the transactions around this property pr eceding myself.
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —
The SpeakerThe SpeakerThank you, Minister. Hon. Patricia J. Gordon -Pamplin: I accept that, and I will move on because there certainly is no intent to malign the Minister or to suggest anything negative in terms of his c omments, which he says are public record. I just found it interesting, his necessity …
Thank you, Minister.
Hon. Patricia J. Gordon -Pamplin: I accept that, and I will move on because there certainly is no intent to malign the Minister or to suggest anything negative in terms of his c omments, which he says are public record. I just found it interesting, his necessity to under-score that bit, that he was going to do it —the previous Minister —all by himself without utilising the vehicle that is available through the Planning discipline to be able to bring this via SDO to the House. That was my only reason for making that comparison. So, I think it is important. The other thing that I was concerned about, Mr. Speaker, is that, apart from the objectors who submitted their objections, we had the opportunity to speak with the Minister and to ask whether he had the opportunity to meet with any of the objectors persona lly. At the time that we met, the early part of this week, he had not met with any of the objectors. And so, I said to him, Does t hat mean that, notwithstanding that there were objections . . . and I just want to make this clear in terms of the process, that notwithstanding that there were objections, the Minister did not meet with those objectors . The Minister very clearly advised t hat he has looked at the objections as they were proffered to the department and it is based on those, he eval uated the objections . . . and this is just being positive to the Minister, to say that he is taking it step by step. I do not want to think that anything . . . there is no “but” coming behind this statement, Minister. I just
Bermuda House of Assembly wanted to say that this was a concern of mine, whet her he met with the objectors. And in not meeting with the objectors, up to the point in time at which we spoke . . . I am n ot certain what has happened subs equent to that because that meeting with us was ma ybe Monday or Tuesday, and a week is a long time, especially a long time in politics. But I did want it to be known for the record that we did ask the question. Because it w as important for us to fully understand the process —
[Inaudible interjection]
Hon. Patricia J. Gordon -Pamplin: —the means to let us know. Mr. Commissiong, your microphone needs to be muted please, sir. In the meeting the Minister did let us know that he was very careful to take into consideration the content of the objectors, whether he met them face to face or not. That was his prerogative so to do and he chose to do that. I do not even know whether any of the objectors requested to meet with him. I do not know that. But it just seemed to me that a natural step would have been that those meetings would have occurred. I think the technical officers certainly have the capability of evaluating and maybe putting into certain types of objections, whether the objection was the development, whether the objection was the fact that it was going to be private, or part of it was going to be . . . I do not know what the objections all were. We have not seen all the objections. I have not seen all the objections, but I certainly understand that the Mi nister has indicated that he has carefully evaluated those objections. Let me also say, Mr. Speaker, that the injection into the economy, the Minister indicated a number of about $75 million through construction, landsc ape, real estate and other sort of auxiliary services sur-rounding the actual development. And we have been screaming for inward foreign investment. So, as I said, I could not, on the one hand be asking for something and then, on the other hand criticising if it does ha ppen, because we need construction jobs, we need our people to be working, we need something that is going to give a boost and give a shot in the arm of our economy, which for the past three years —COVID aside —was in freefall prior to the chall enges that we have had with COVID and the additional money that we have had to expend in that regard. As it was told to me, Mr. Speaker, our country is on the second swirl down the toilet. And you know, when we get to that stage —that second swirl —there is not much left to hold on to. So, that is the light in which we were seen as a country, we were effectively holding on for dear life. So, it is important that there is something that helps to boost us as a country and to shore us up so that we do not go dow n with the third swirl. So, Mr. Speaker, as my colleague has indicated that he has given his observations and his comments in respect of this. We actually had the opportunity to meet with the developers as well, with the owners of the property as well. It is always important to us that we hear both sides of the argument. So, to be able to meet with the owners and to understand the history from their perspective, to meet with the objectors to understand the objections from their perspective, and to meet with the Minister and his tec hnical people to understand the work and the process that they have undertaken in respect of this process, then we certainly feel that it has been fully considered at this point in time. Whether, in the final analysis, we will end up with exactly what we are hoping for, remains to be seen. Nothing is certain. But I have always been made aware that if you do today what others don’t , you will have tomorrow what others won’t. And if you do the same thing today that you did yesterday, t hen your tomorrow is going to look exactly like today. And I think, Mr. Speaker, that what we have seen for the last three years of this administration is that they have done daily what they did the day before, so there has been no measurable progress for the people of Bermuda. So, if this is the first step in that direction, then I believe as an Opposition we have to be able to sup-port it. However, the evaluation of the amount of bene fit that will go into the economy . . . the Minister indicated $75 milli on, or about that, hoping that there would be about $75 million of contribution to the economy as a result of this. My Shadow Minister has heard numbers between $45 [million] and $75 million, as you have heard. Then I just think that the number remains to be seen. But the only concern at the outset, of that number, looking at the real estate aspect of it . . . I guess I do not want us to be overly optimi stic. I do not want us to be overly optimistic of realising what we look at now as being the possible economic input into our community. And I say that because you will know that real estate, at the moment, without the effective change to immigration, it is going to be a problem. And I do not like to sound like a broken record in that respect, but there is v irtually little that we do that does not link in together. And we have a significant number of houses, even high- end houses, that are on the market. I understand that this market is just beginning to show some green shoots, but it is not robust at the moment, it is not galloping. It is just very gently trudging along. So, to put more lots [on the market] on which luxury homes are likely to be built . . . and whether it is going to be one per lot or whether they are going to purchase two lots, and whether w e end up with 18 new construction developments or whether we end up with 10 or any combination thereof, there certainly will be jobs in terms of the agricultural section. Because the landscaping that is going to be required to ensure 4456 17 July 2020 Official Hansard Report
Bermuda House of Assembly that this real estate, whether developed or undeve loped, and the property . . . the conservation areas and the areas that we are now creating, both in terms of Nature Reserve, recreation, woodland and the likes will have to be maintained and they will not be kept in a pristine condition. The only thing else that I wanted to mention, Mr. Speaker, in that respect, is with the 23 acres of residential. Understandably, they are perched on the best part of the property, obviously to maximise the value of the site itself. I think the Minister indicated . . . I just have to go back to the SDO, that there is a 10year period of time within which the development would have to be completed. I believe that is what the Minister said. He can correct me when he comes back, if I am incorrect. B ut I think that given what we are seeing with this development, given the process that has been gone through, given all of the steps, one by one by one, the only thing that I could say is that when we look at the Morgan’s Points of this world, when we look at the other developments that have been had that have not been able to continue to drive the economy in any way, shape or form in terms of how the real estate market is doing, I just shudder a little bit and caution a little bit that we not be overly optimistic of the amount of economic activity that will come from this into the economy. That said, Mr. Speaker, I believe that my comments have been exhausted. I thank the Minister, again, and the technical officers for their work that they have put into this. But it is vital, Mr. Speaker, that we go back to the requirement to have this private . . . I am sorry, this public access enshrined in the SDO and not left to somebody giving a letter of commi tment. And I do not, for one second, question the intent of the developers today. That is not my concern. It is what happens when they ride off into the sunset and somebody else may have a different thought. So, with those few comments . . . maybe not so few, but with those comments, Mr. Speaker, I will permit ot hers to contribute to this debate. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member.
Mr. N. H. Cole SimonsFirst of all, I want to make it abundantly clear that I support this SDO, but I do have reservations. I have reservations. But before I get to my concern I would like to make some clarification. As was said b y my colleagues, yes, we do have to review …
First of all, I want to make it abundantly clear that I support this SDO, but I do have reservations. I have reservations. But before I get to my concern I would like to make some clarification. As was said b y my colleagues, yes, we do have to review the process of DAB approvals when it comes to these types of projects. And —
Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order.
Mr. N. H. Cole SimonsWhat is the point of order , Mr. Speaker? I just said I suggest that we review the process. I am not making any allegation— Hon. Walter H. Roban: Mr. Speaker, it is my point of order, it is not Mr. Simon’s.
The SpeakerThe SpeakerYes, Minister, make your point of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: Mr. Simon is misleading the House.
The SpeakerThe SpeakerLet him make his point of order, please. [Crosstalk] Hon. Walter H. Roban: [INAUDIBLE ] my point of order. The DAB process around all applications is clear and transparent and supports proper development. This is the same process that would have been afforded to him, as Environment Minister, and every …
Let him make his point of order, please. [Crosstalk]
Hon. Walter H. Roban: [INAUDIBLE ] my point of order. The DAB process around all applications is clear and transparent and supports proper development. This is the same process that would have been afforded to him, as Environment Minister, and every Environment Minister under the previous administr ation. Certainly, if there was a review process needed, he himself and other previous Environment Ministers would have instituted it. I reject that this process needs to be r eviewed, Mr. Speaker. That is misleading the public as to the integrity of the process.
Mr. N. H. Cole SimonsThere has also been talk about the letter of intent and why it was not embedded in the SDO. Let me make it clear that the people b ehind this project are in the well and I asked them about this letter of intent and as far as they were …
There has also been talk about the letter of intent and why it was not embedded in the SDO. Let me make it clear that the people b ehind this project are in the well and I asked them about this letter of intent and as far as they were co ncerned they were doing as what was asked of them. They wanted the letter of intent to be a part of the
Bermuda House of Assembly SDO, or it can be included in the SDO proper. In f act, I understand they have sent a letter to confirm their agreement to be in the SDO because they bought a piece of property also as a commitment to provide access to open spaces. And so, I am not that concerned. I do not think we want to question or doubt the integrity and what the intent was for the owners, Mr. Speaker. Mr. Speaker, as I said, they have indicated to me they thought that the public access was going to be in the SDO. But it is not. They were just following what they knew because they are not experts in this field. But as I said—the letter of intent —they have asked that it be part of the SDO. So, that is just som ething that the Government can consider, because they purchased it as a gift to Bermuda, as far as access is concerned. So, I ju st wanted to clarify that, because I have recently spoken to the developers on this matter to get some clarity because it just did not seem right knowing the players, Mr. Speaker. So, I would like to have cleared that up for the House of Assembly in that way. Now, Mr. Speaker, we spoke about the hist ory. When I first heard about this project, I, too, was intrigued and reflected on the chequered history of Riddell’s Bay. Mr. Speaker, I would ask, like many Black Bermudians, why should I feel guilty if I am going to walk or drive through Riddell’s Bay? No one is stopping me. But because of the legacy, I feel like I am trespassing on somebody’s property. When you go down to Tucker’s Town, they still have the barricades up—part of Bermuda. You still can’t go through there in 2020. To me, those vestiges of separatism should be addressed, Mr. Speaker. Mr. Speaker, it is called “chequered instit utional racism.” And so I do not believe that in 2020 I should feel guilty when I take my grandson or my wife and famil y out to an open space because it was pr ivately owned and because it was segregated in the past and because I have a sense . . . I am not saying that it is, I have a sense —that I do not belong out there. So, when I heard that the developers were purchasin g this from the liquidators and their first pr iority was preserving conservation spaces, I said, You have me on board. Because, as you all know in this House, and I think most people know, I am very committed to the environment and conservation. Mr. Speak er, as I said, this is a gift. And if we compare the size of the lot to other National Parks and other Nature Reserves, you will be astounded to see how big this is. And I will start from one of the smaller ones. The Arboretum, Mr. Speaker, is 22 acres . . . that is part of a Nature Reserve. The Paget Marsh is 25 acres. The Botanical Gardens is 36 acres. Southlands is 37 acres. Spittal Pond is 64 acres. Mr. Speaker, Riddell’s Bay is 66 acres. So, to have ac-cess to this Nature Reserve and park is a benefit t o this country. It is a health benefit, it is a social benefit, and it is a place whereby recreational activities will be able to take place. And if a family wants to take the walking trails and walk over the 83 acres, they proba-bly can. Mr. Speaker, I had a tour up there two weeks ago and, as far as the conservation management plan is concerned, they have a robust one. They are wor king with David Wingate. David Wingate is involved with the Nature Reserve and the preservation of the flora and fauna. You have a number of mangroves up there and he is helping the developers with that. He is also working with local landscape designer David Cox. And so, to me, this is a truly, truly, Bermudian initi ative. We do not have expatriates coming in to work this project . This is a Bermudian project with a few foreign investors to begin with. Mr. Speaker, the developers are Bermudian. They are committed to Bermuda. They have young children. And to show how committed they are in r egard to this project, when the 18 lots of land are sold and the buildings are built, the residents of the estates will pay a management maintenance fee. And part of that management maintenance fee will go into a $3 million trust that will be used to provide the resources to manage the conservation spaces going forward. They are serious about preserving the open spaces and the conservation lands for the next few gener ations. They have an irrevocable trust, as I said, that will provide the resources to sustain and manage the open spaces, manage the reserves, and manage the other conservation features that are attached to this project. So, I have no doubt that the intent of the developers is twofold, yes, to make some money (and you cannot knock that). I mean, at the end of the day, there is approxim ately 93 acres there, of which 25 per cent is going to 18 lots and, as my colleague, Mr. Richards said, there may be only 13 developments because they are encouraging possible investors to invest in two lots. So, you might get 13 new houses on 93 acres and 75 per cent of the development is for conservation purposes. Mr. Speaker, to me, this is truly a gift to the people of Bermuda. It is a gift from private landowners who have made a commitment to Bermuda and a commitment to sharing this pristine property with the people of Bermuda. And they are committed to having their commitment to maintain access to the people of Bermuda in the SDO. It is not their issue that the ac-cess to this property was not included in the SDO b ecause the access, in their mind, could be included in the SDO with no objection from them. There are a few other things that I would like to speak to, and I am just going to go through my notes, if you will allow me a second, Mr. Speaker. I have heard a lot about the objectors and, you kno w, when we have SDOs, we do have objec4458 17 July 2020 Official Hansard Report
Bermuda House of Assembly tors. And we have an objection process, as the Mini ster said, and you go through the objection process. The other issue is you cannot halt the deve lopers from developing and investing in this property as a commercial interest, because they purchased it from the liquidators of Riddell’s Bay. The liquidators of Riddell’s Bay, through an open tender process, invited other investors to buy the property. I do not know what happened, but it was an open process and they were the highest bidders and they took title of that property legitimately. If there were people who felt —
Hon. Zane J. S. De Silva : Point of order, Mr. Speaker.
The SpeakerThe SpeakerContinue your point of order , yes. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva : The Honourable Member, I do not know if intentionally or not, may be misleading the House. That was not put out to open tender.
Mr. N. H. Cole SimonsI am not retracting, I have heard what he said and I will continue, Mr. Speaker. So, Mr. Speaker, in addition— Hon. Zane J. S. De Silva: A point of order, Mr. Speaker. Point of order.
Mr. N. H. Cole SimonsCan he — POINT OF ORDE R Hon. Zane J. S. De Silva : The Honourable Member must retract that because it was not an open tender bid. It was not.
Mr. N. H. Cole SimonsCan you — Hon. Zane J. S. De Silva: And I am saying that from personal experience. As one of the possible purchasers for it I can tell you it was not an open tender.
The SpeakerThe SpeakerOkay. We do not have in front of us any documents to support or deny that, other than the fact that the Honourable Member said that he did participate in the bid process. Hon. Zane J. S. De Silva: Yes, I did.
The SpeakerThe SpeakerAnd without having evidence in front of us on either way. I am just going to say be mindful of your comment in that, if he did participate in it and you and I did not, he would at least know the terms under which he was participating.
Mr. N. H. Cole SimonsI accept that. But I will go on to say that was just part of my comment. So I will go on to say, if they had thousands of objectors, then those thousands of objectors could have gotten together and purchased the property from the receiver. That is my point.
Mr. N. H. Cole SimonsThey could have purchased it from the receiver, but they chose not to, for whatever reason. And so, these Bermudians put together a pr oposal and gathered other Bermudian investors to buy this property for a business proposition and, also, to provide a gift of conservation land to Bermuda—a gift …
They could have purchased it from the receiver, but they chose not to, for whatever reason. And so, these Bermudians put together a pr oposal and gathered other Bermudian investors to buy this property for a business proposition and, also, to provide a gift of conservation land to Bermuda—a gift of access to conservation land to Bermuda. There was also concern, Mr. Speaker, about closing the reserve. The reserve is sensitive. There are flora and fauna that are protected, that are on the endangered species list, and that area will be closed off on an intermittent basis depending on the breeding season, dependi ng on the growth of the mangroves and the ecosystems therein. So, yes, because it is a “reserve” they reserve that option for the benefit of protecting the Nature Reserve and the flora and fauna that are found in that ecosystem. But like I said, you still can go in there, schools can go in there, students can go in there, the environmentalists can go in there, to have a look around when it is appropriate in a tim ely fashion. Mr. Speaker, I think those were my main i ssues. As was said, you know, I take my colleague’s comments about will they be able to sell the 18 lots. That is yet to be seen. But, as was said by the Honourable Patricia Gordon- Pamplin, if this is the first step of the PLP Government’s initiative to infuse new capital in this country, then I s upport it. Because, at this point in time, there is nothing else coming down
Bermuda House of Assembly the pipe as far as new inward investment. And so, I know these developers have access to investors b ecause of the nature of the businesses that they own and so, if we can get some of their investors to Bermuda because they are all in the high net worth space, then it would enure to the benefit of this country from a social/economic point of view. There will be jobs. There will be jobs at Ri ddell’s Bay in regard to property maintena nce, to open spaces, the Audubon issues, the coastal protection issues, the Planning issues, the construction compa-nies and so forth. So, this would be a boost to our economy. I mean, in the past one would have said, okay, well, if the economy was d oing well, then we may not have looked as favourably from an economic point of view. But at this point, there are no other m ajor players coming down the road that are going to provide that type of capital between $75 [million] to $20 million as an infusion to our economy. So, Mr. Speaker, I am supportive of this pr oject and I want to also make sure that it is clear that the developers are committed and have put in an i nfrastructure to ensure that access to the community is preserved for generations to come. It is not their fault that the access was not included in the SDO because they thought it was going to be included in the SDO. So, with those brief comments, I would like to reiterate my point. I support this endeavour and I will be voting in favour. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Are there any other Honourable Members who may wish to speak?
The SpeakerThe SpeakerYes, it is. Now it is on. Actually, you need one of these— yes?
Mr. Hubert (Kim) SwanThank you, Mr. Speaker, blue and blue all day. Mr. Speaker, I am duty -bound to speak to this. And I will start off by providing a bit of historical perspective. Because, for me, when we talk about Ri ddell’s Bay it is very personal. And I declare my interest. …
Thank you, Mr. Speaker, blue and blue all day. Mr. Speaker, I am duty -bound to speak to this. And I will start off by providing a bit of historical perspective. Because, for me, when we talk about Ri ddell’s Bay it is very personal. And I declare my interest. I declare my i nterest that as a young boy I ca ddied at Riddell’s Bay. I would go to Belmont first, my father as a police officer would drop me off at about 7:30 on his way to make the eight o’clock shift in Hamilton. And I would walk up to Belmont. And if I did not get a rip with the hotel guests at Belmont, I would walk up to Riddell’s Bay at about 11:30 and I would get a rip, I would get a caddy in the afternoon at Ri ddell’s Bay. This would be about 1972 or thereabouts — 1971 or 1972. Mr. Speaker, little did I know at that time that my path would be intertwined with golf and that I would be in my 60s carrying the message of those who were denied the opportunity to play Riddell’s Bay and other courses in Bermuda because they were Black. I found it interesting that no les s than three speakers . . . and the last speaker coined a new term “chequered racism.” Well, I was going to look up the definition to see if I was missing something. Riddell’s Bay did not practice chequered racism, they, in the words of Ira Phillip (who us ed to write for the Bermuda Recorder ) . . . and he knew many of the stories of my Uncle Herman “Santucci” Bascome, “Tucci” they called him, the greatest golfer to ever play Riddell’s Bay, they practiced “rigid racism.” It was a rigidly se gregated society w ho, when the Minister opened, referencing the Act of 1925 in which Riddell’s Bay was af-forded public money, they were so blatant in those days that they could come to this House and get pub-lic funds —and the Acts are there, the statute books are available t oday. And then outwardly and openly deny persons from expressing their talents because of the colour of their skin, because they were Black in Bermuda. And I am looking, Mr. Speaker, at a picture of my late Uncle Herman Bascome, Herman “Tucci” Bascome, and that picture I share with you, Mr. Speaker, is the taller gentleman, Herman “Tucci” Bascome. In the background are the tennis courts at Ri ddell’s Bay where the putting green is today. The young man in the picture is the late Mr. “Grapes” Raynor, Mr. Raym ond Raynor from Raynor’s Garage. His children, one or two of them, may even be listening because his brother is Eldon Raynor, the great cricketer. All of them . . . all of those young Ra ynors used to come caddy as well. My Uncle Herman was a revered golf player in Bermuda along with the late Bill Pitt, Sr., along with the late Earl Lowe and George Lowe (the father of our late Speaker Stanley Lowe). They were Riddell’s Bay players, accomplished players. Their history connects with the legendary Joe Louis. T here is a photo of them together, Mr. Speaker, with Joe Louis and the likes that I feel duty-bound to share, Mr. Speaker, because this photo has those very Riddell’s Bay golfers right here, Mr. Speaker. There they are, those Riddell’s Bay golfers with the heavy weight champion of the world, and to his immediate right is Bill Pitt, Sr., the one at the very end is the big Herman “Tucci” Bascome (bigger than Joe Louis), to his other side are the two Lowe brot h4460 17 July 2020 Official Hansard Report
Bermuda House of Assembly ers, and on the end is the legendary Louis Rafael Corbin from St. George. And Bermuda golfers were celebrated; they were talented. And, you know, when you talk about golf, that period in 1925 was the period when Berm uda was going through a renaissance of a new birth, but Blacks were not included in that ne w birth. When you talk about property and the Opposition talks about a chequered past, I am calling it an overtly racist past, because golf courses became the product which upped people’s values. And I wish I had the resources to be able to tell you who ac tually owned all that pro perty at Riddell’s Bay before it became the golf course. Now, personally, Mr. Speaker, as you know, I declare my trade as a professional golfer who has been a member of the PGA European Tour. I say that because there are people who will want to diminish that because, you know, the residual of that overt rac-ist past still lingers on today. We only have to look at every statistic in this country as it relates to economics and you would be able to see that its existence runs very rampant in this country. And when we have persons who are going to refer to it as a “chequered past” rather than call it what it is, it has the opportunity to live on, even though we may really want it to go away. We cannot wish it away; we have to do things to make it go away. The Opposition today has said, Listen, maybe it needs to be written in the Order and the like . Let me tell you how I personally feel. The way I feel about Riddell’s Bay, I feel that some monument honouring Herman, honouring George Lowe, honouring Earl Lowe, honouring . . . well, Leonard Jones and Earl Anderson were Belmont golfers, that is a story for an-other day. But these Riddell’s Bay players —Mr. Crofton, the father of Alex Crofton—the Riddell’s Bay golfers that were openly denied, we need to have something there, within those confines, that could honour their legacy. That very picture I showed you, we could start with those pictures that are there, because at that time when Bermuda was building Riddell’s Bay and simultaneously developing Mid -Ocean, they were displacing the Black community who had properties for far mland. And let us not forget Salt Kettle. Herman was taught by Earl Anderson. Earl Anderson was my grandfather’s first cousin. The Andersons came from Salt Kettle. Oh, but th ey must not stay. There was displacement in prime properties across this country and there is a commission looking at that. And there are people that do not want that looked at, even pe ople that look like me, as well, [who] do not really get as passionate about those wrongdoings as I do. But I hold within my heart a responsibility to those persons who taught me and made it so that they shared their hurt and pain. And Mr. Speaker, as we talk about the Ri ddell’s Bay, Riddell’s Bay had the opportunity to remai n an 18- hole golf course today. The Honourable Mem-ber gave a point of order on Mr. Simons, but there is an article in the Royal Gazette, if he cares to go back to that, that speaks to Mr. Zane De Silva, the Honourable Member from Southampton East, the same constituency across the way from Riddell’s Bay where most of those persons who were coming there to vote for him are descendants of the very people who were denied the opportunity to ply their trade and their ta lents internationally. Because international ly, at that time, there was a Caucasian- only rule in effect for the top golfers in the professional ranks in Bermuda, and it coincided with the existence of racist practice in Bermuda. And that is certainly, certainly, something that has its presence in modern- day society because as people in the Caribbean—our brothers and sisters and family down in the Caribbean and around the world—are looking at reparations in a real way, what form does that take? Because, as we look at properties across Bermuda, and look at who may have had the waterfront properties at one time and then were sy stematically displaced into more congested areas of Bermuda, that contributes to the fact that in a country where you could have as [much as] upward of 60 per cent of the population Black —and yes, upward of 60 per cent of the population Black, because when you do a census, you take every person who is actually in Bermuda. But when you look at every Bermudian in Bermuda, that number becomes greater, that percentage becomes far greater. And that institutional economic side of racism, which was born out of white supremacy . . . that is the truth. That is what it is. That is what we have to grap-ple with. That has been passed on to generations. So, the Kumbayas of the world as it relates to how we tackle this is causing us more harm than good, I would respectfully submit. I would take that suggestion, Mr. Speaker, and I will talk to my colleague about it, because, in my heart I know that I celebrate the Minister of Culture and how she is w orking hard to capture that forgotten history. But there are many heroes and she- roes up and down this country that we need to celebrate as well. And this presents an opportunity . . . this pr esents an opportunity for us in Bermuda, as we are looking at th is redevelopment opportunity at Riddell’s Bay. But I must underscore that the Honourable Zane De Silva . . . when he put his bid forward, I r emember some of the utterances that were taking place on the blogs and some of the whisperings that he was . . . it was even happening at the golf course. Oh, he’ll develop it all . I know one thing. He loves golf. We would not have the Bermuda Championship if it was not for the Honourable Zane De Silva and my good friend and his good friend Patrick P. H. Horgan III (wh ose parents honeymooned in Bermuda in the 1950s). We would not have that love that they had for golf.
Bermuda House of Assembly So, Riddell’s Bay was developed and designed by one of the greatest golf course architects of all time. And that was Mr. Devereaux Emmet. And he was connected, Mr. Speaker, with Charles Blair Macdonald who developed Mid -Ocean Club. And if you look through that same statute book you would see that at Mid- Ocean Club Charles Blair Macdonald had a property that we had to pass a statute for after he died, a Bill to be able to allow his non- Bermudian and non-British offspring to inherit. That is the type of thing that went on. I am half interested as to whether or not that same property, in the context of that, was one of the homes that was owned previously by Black Be rmudians —a Lambert, or a Burgess, or a Talbot or a Smith —who were moved out of Tucker’s Town. So, Riddell’s Bay would have been celebrating their centenary in 1922 and, as one who apprec iates golf history and appreciated the design Devereaux Emmet, it was a very clever design on a short seaside windy golf course and had very many hidden gems of areas there. I was very saddened that this was lost. But any person who owns property around there today knows that when Mr. Zane De Si lva put his application i n, he was looked at more [as] Zane De Silva, PLP. So, you could say that, oh, well, you know, it was two people of like that were looking at it or the like. But the truth is that when you become Zane De Silva, PLP, it is a lot different than someone else w ho may not be associated with the Progressive Labour Party. History is important. And when we do not embrace it and truly take the opportunity to delve into it, we could end up making the same mistakes. This O rder before us today is a teachable moment. It is a moment when my Uncle Herman Bascome, at least, will get his name and his picture mentioned in Parli ament and tabled in Parliament. Because someone felt it not robbery, Mr. Speaker, someone in this country . . . many people in this country felt it not robbery to make laws that prevented him, both in Bermuda and in America, Mr. Speaker, [caused] him to be denied the opportunity to do what I was allowed to do. And I tell people, when I was doing it, I was far more . . . he was far more talented than me! I can look up to him in many ways. That is the reason why I can carry his spirit here today. And he was taught by someone else, a man who gave his name up to go into the church, Earl Anderson. And they used to play Riddell’s Bay, Mr. Speaker, at the crack o f dawn on Sunday. And my Uncle Herman Bascome had the o pportunity to shoot a 59 at Riddell’s Bay on the 15 th hole. Calvin “Rocky” Hendrickson, Sr. can tell you this story better than I. And two gentlemen by the names of Beezy and Young stood on the green that day when word got out, that bye Tucci is on a roll, and they picked that ball up and threw it to him. That is not a chequered past. And when people came to this country in the 1960s and 1970s, Mr. Speaker, when they came to this country in the 1960s a nd 1970s and told people, Well, I wasn’t a part of that. I came here from En gland, you’d have to look at somebody else’s family. What they did is they saw a system that would benefit them if they turned a blind eye, no matter if they were labelled when the y got off the plane, they were not labelled when they stayed in Bermuda for over a year. And I have lived long enough to see that and exper ience that. And I can name people that became that, and it is a shame. That is the challenge to our humanity that we must delve into. That is why a shrine honouring Herman “Tucci” Bascome and Earl Lowe and George Lowe (I am calling the Riddell’s Bay boys’ names first) Lew DeRosa (I am calling their names first), Mr. Crofton, Alex Crofton’s father, those are the people that we need to honour in that shrine in som ewhere that is going to be there because their spirits are there and their spirits will always be there. As I said when I started, Mr. Speaker, I wish I knew the history of Riddell’s Bay before 1922, because I know enough about it since 1922. Out on the end it is called Burgess Point. You have Perot’s Island just not too far from there. And we know the families. We know the Darrell family across the way. Mr. Darrell went to his grave, you know, carrying the same typ e of spirit that I am carrying on behalf of Herman and Earl Lowe and Earl Anderson and George Lowe and Bill Pitt, Sr. and Louis Rafael Corbin. So, we have an opportunity. We have an opportunity, because we do not know the truth, and people are afraid. People that have those properties, they are afraid that people are going to uncover what I am asking today —who owned it before 1922? Why was it so that they needed to go to the Government at that time? All those types of questions are questions that inquiring minds need to know when it comes to this particular area and era. But for those who love golf like me, who are crying because the 1922 Riddell’s Bay cannot be ce lebrated because there is no golf course, need to ask themselves what went through their minds when Zane De Silva, PLP, developer, successful businessman in this country, put his name forward to own that property and develop it. Because those same persons did not lose sight that they would like a golf course. They just did not want that golf course to be associated in any way . . . why? Associated any way without the type of construct that they had become accustomed to. And that is where white privilege comes into play in this country. It runs rampant in this country. They are persons just like me because they call a spade a spade, but I have always done that. And anybody that knows me, knows me, knows that this speech that I am gi ving I have given many times over the last 45, 50 years of my life. But Mr. Speaker, today I am calling on behalf of George Lowe, the father of our late Speaker Stan-ley Lowe; and Earl Lowe, his brother, the uncle of the 4462 17 July 2020 Official Hansard Report
Bermuda House of Assembly former Premier Alex Scott and the Honourable Member Scott; and Lew DeRosa, the cousin of former Southampton East End MP Reginald Burrows; and Earl Anderson, my grandfather’s first cousin, Herman’s teacher; and Herman, my beloved uncle, who taught me the game of golf and allowed me to be here today with some knowledge and understanding—just a country boy who grew up around Southampton and Warwick playing golf. On behalf of people like Calvin “Rocky” Hendrickson who carries that same spirit in his heart, I am here to tell you that some type of memorial in those lands to lay to rest their spirits is necessary. Because the mind- set that did that in 1922 and 1925, as they developed that and practiced that Caucasian- only rule in Bermuda, is the same mind- set that would, on Paynter’s Road, build a luxury house on a church ground where people were moved from Harris Bay. We put a golf course through a graveyard in Tucker’s Town long before any type of movement came about in more recent years to be able to uncover it so that people can clear it out and the likes. Yes, Mr. Speaker, the country needs the development. But an Honourable Member from the other side did say that it would be nice to able to walk through there and not feel inhibited, because that speaks to that other side of the railroad track. Do you know, Mr. Speaker, the most private golf course in the world, the most exclusive golf course in the world, you could stand 100 yards from it and not know it is there. It is called Pine Valley. And, symbolically, you could be standing literally on one side of the railroad track and the most exclusive neighbourhood in the world is right there. And when I drove up to the gate, because I knew when I went there it gave me that intimidating feeling when I drove up and the guard said, You can go no farther . I said, I know, I just wanted to be able to see it. I looked on Google maps on my iPhone and I just wanted to . And he sai d, You can go turn around. There is a putting green right there and there is one of the first tees right there, you can drive around and go. But do you know that within a mile of us nobody knows that we are here? Yes, that is the other side of the railroad track that I understand because I have been trained in that environment, I understand it —and it is wrong! And this is an opportunity in this recreational and different categories of zoning to make sure that it is accessible and to honour those and to look back beyond 1922 just to make sure that it was not the Tucker’s Town that we just did not realise took place. It does not hurt to be sure. I am sure a few conve yancing people could look and say, You know, you raised a good point, but it is so . . . Burges s Point was named after the Burgesses that were there and they were not the Burgesses that look like you. They were the Burgesses that look like somebody else. That is where that name came from , and there is another area that might be named after the Frith’s or something like that. You know, we owe it to ourselves to find these things out. Because from generation to generation, if your family had a connection with Salt Kettle, like mine, or your great -grandmother owned the property where the Southampton Pri ncess is today, like mine, generations talk about the compulsory acquisitions. I was lucky enough to get the story from the late Dame Lois Browne- Evans about my granny’s property at . . . just up the hill where the Fairmont is today, the Halls, and she was a Burrows before she was a Hall. Agnes Burrows’ sister from Jew’s Bay. That is my family, all the way from the water up the hill. Yes, this is what we are talking about. We are talking about an opportunity to address some things while we are making some ec onomic stimulus available. And let us not [over]look Black Bermudians who may have the opportunity to buy over there as well so that they, when they . . . if we—Black Bermudians —have the disposable income (I am not going to be one, but) so that our childr en would feel welcome in that community. That is an i mportant part of that . . . that people are not looking at is that if you keep it the way it is, you know, you can move in the neighbourhood and not feel comfortable. And those are all the types of things you have to look at when you are talking about a social dynamic that needs reversing, needs changing, needs altering— this construct in Bermuda, Mr. Speaker. I am just looking here at another screen that says that North Carolina is looking at reparations. I raised it earlier. I know that other countries, I know that CARICOM is looking and asking questions b ecause people would have us say, Look, the Finance Minister has just come and upped the debt ceiling to $2-plus billion now, $3- plus billion. Do you kno w the money paid to white slave owners in places like Bristol was just paid off, the amortisation was just paid off more recently? So, the people who were enslaved ended up paying for the people who were enslaving them. And in Bermuda we have to put it rig ht, we have to hold hands together and address this. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
Mr. Dennis Lister IIIGood afternoon, Mr. Speaker. Hon. Michael J. Scott: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes, it sounds like MP Scott. Hon. Michael J. Scott: MP Scott —
The SpeakerThe SpeakerMP Scott, you have the floor. Bermuda House of Assembly Hon. Michael J. Scott: —and I see your family me mber is wishing to get in, and if he does . . .
Mr. Dennis Lister IIIYes. Hon. Michael J. Scott: Honourable Member, I can defer to you or you can let me go.
Mr. Dennis Lister IIII can go ahead Mike, and you can come behind me. Hon. Michael J. Scott: All right, fair enough.
The SpeakerThe SpeakerMP from constituency 28, MP Lister, you have the floor.
Mr. Dennis Lister IIIGood afternoon, Mr. Speaker. Good afternoon to the listening audience, again to my honourable colleagues. Mr. Speaker, first off, I am going to declare my interest as the representative for the constituency in which Riddell’s Bay is located —Warwick West, co nstituency 28. I just want to declare my interest …
Good afternoon, Mr. Speaker. Good afternoon to the listening audience, again to my honourable colleagues. Mr. Speaker, first off, I am going to declare my interest as the representative for the constituency in which Riddell’s Bay is located —Warwick West, co nstituency 28. I just want to declare my interest before I begin to speak. Mr. Speaker, I support this Riddell’s Bay Special Development Order 2020, which is being brought by the Minister and his team. I support this for two reasons, Mr. Speaker. A lot has already been said on this by Members before me, but I just have two points that I just wanted to reiterate so that my comments can be noted, Mr. Speaker. This project, which is estimated to bring in . . . and definitely during this time we are looking for ec onomic rejuvenation to get our economy back up, this project is anticipated and estimated to bring in $75 million to our economy, Mr. Speaker. That is som ething that cannot be overstated as we are looking to building the economy back, Mr. Speaker. And this, along with the economic impetus, will bring and create 150 to 200 jobs. And during this time this is definitely something that we are looking for as we know that a lot of Bermudians have either been mis placed from jobs, had jobs reduced, so this is something that we are definitely looking forward to get Bermudians back to work, Mr. Speaker. Also, Mr. Speaker, I do want to note MP Ric hards and his concern, which has also been raised by other Members, wit h regard to public access to these lands. I also want to say that I support this Bill, but I just want to make note that their reservations or prov isions will hopefully be included so that there will be stated access for the public to these lands going for-ward in the future. Our Members did note that at pr esent the owners . . . this is their intent. However, going forward, we do not want to lose sight of that, that the public does have access to these lands, Mr. Speaker. And with that, these lands, which t here are 64 acres which will be turned over for National Park and other zoning—natural reserve, national park and rec-reation land— 64 acres is a lot of land. This will make this the largest National Park in Bermuda. And that sits in my constituency. I am happy to hear that, Mr. Speaker. And the total amount of land in this property is, I believe, up to 90- something acres. Sixty -four acres will be turned into different zoning and will be used to the benefit of the public, which has been stated. Schools can come and visit, there can be studies done or projects where people come and use this land, utilise it for those reasons, Mr. Speaker. To the lands that are outside of the . . . what will be deemed the National Park land, there is est imated to the west and t o the east 11- point -give-a-few acres of land to the west, which is on the shoreline and 17- point -odd acres to the east, which is bordering the properties which will be along Burnt House Hill and those areas. So, with this development, Mr. Speaker, there is being space for two sites, which will be the property development, in which the owners and those that are building the buildings —their homes —and I think will provide, that they will have their space, their privacy, Mr. Speaker, which will not be encroach ed on by the National Park or Nature Reserve, which it is rezoned to, Mr. Speaker. So, again, I support this for those reasons — the economic impetus that this will bring to our eco nomy, and also that it will create one, which will be our largest park in Bermuda for publi c access, which I hope, again, like I said, that provisions will be made for that to be included in this going forward so that we do not lose that public access, Mr. Speaker. And, as I said, I just had just a few brief comments so that my c omments could be noted as I am the MP for the area. And those are my comments, Mr. Speaker, and with that I will close my comments.
The SpeakerThe SpeakerThank you, MP. You worried me in the beginning. You started saying you wanted to declare your interest. I thought you had a . . . I was wondering what interest you had up there; they had not named the owners yet.
The SpeakerThe SpeakerMP Scott, would you like to speak now? Hon. Michael J. Scott: Thanks, Mr. Speaker. We have a list and I have to and will defer to Mr. Commi ssiong. I have consulted our internal list. Thanks, Mr. Speaker. 4464 17 July 2020 Official Hansard Report Bermuda House of Assembly …
MP Scott, would you like to speak now?
Hon. Michael J. Scott: Thanks, Mr. Speaker. We have a list and I have to and will defer to Mr. Commi ssiong. I have consulted our internal list. Thanks, Mr. Speaker.
4464 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: No problem. Mr. Commissiong, would you like to speak now?
Hon. Michael J. Scott: I do not know what has happened to Mr. Commissiong. I will go in his stead—
The SpeakerThe SpeakerI suggest you go ahead, Mr. Scott. Hon. Michael J. Scott: All right. Thank you, Mr. Speaker. Well, Mr. Speaker, I know you were asking Dennis Lister III whether his declared interest was a piece of real estate, luxury real estate, which you could come and visit him in. [Laughter]
The SpeakerThe SpeakerI thought he had done . . . something went wrong. Hon. Michael J. Scott: Yes, yes, he did not discuss with you —some secrets. But Mr. Speaker, everything about this real estate order is positive and carries positivity to it and I want to commend the Deputy Premier and …
I thought he had done . . . something went wrong. Hon. Michael J. Scott: Yes, yes, he did not discuss with you —some secrets. But Mr. Speaker, everything about this real estate order is positive and carries positivity to it and I want to commend the Deputy Premier and Minister with responsibilit y for SDOs and Planning, Minister Roban, for bringing it to the House, and by bringing it to the House bringing it to the country. The project represents scalability and a ratio of 18 luxury homes in a setting of some 64 acres of green, mature, grounds wit h existing luxury homes, Mr. Speaker. That bodes well for the project. It is an insertion of more development —18 more excellent developments —which will attract, we hope and pray, new residents, inward investors of a high income net worth bracket who will, we hope, ensure that the dwellings go from foundation to roof plate and to oc-cupation. All reflecting, as the Honourable Member, my colleague, Mr. Dennis Lister III indicated, is generative of jobs, generative of a stimulus to our economy, as has been stat ed, of some $75 million with continuing progressive GDP impact over 2021 through to 2023. So, Minister and Deputy, an excellent project, an important project, for jobs, for development, for a timely project at a time as we reimagine and reinvent ourselves coming out of COVID -19. And, Mr. Speaker, there is a metaphor that is taking place already on the . . . and whilst I am congratulating Minister Roban, I want to congratulate the Honourable Zane De Silva, former Minister of Tourism, for his initiative at at tracting luxury yachts. There are three of them now drifting and moored in our Bermuda waters. They are safe, COVID -19 safe waters, and they are luxuriating themselves and disporting themselves —the occupants of these three luxury yachts —because of the poli cy that former Minister De Silva went into Europe and promoted and elsewhere in the world. And I am hoping that this matter for three luxury yachting boats is reflected in the kind of inward movement of residential purchasers of the 18 units over in Riddel l’s Bay. I cannot help but emphasise the positivity aspects about this. Unlike other developments that have not worked out so well, the one in Morgan’s Point that just simply is . . . it is not working. And then there is the Cross Island example of the OBA ’s experiment in stimulus workings. Riddell’s Bay, notwithstanding the closure of the golf club, represents a mature residential luxury environment. I know, therefore, that is a sensible, predictable magnet for success of new res idents moving into that are a because it is settled, it is mature; it has residents in it of a certain wealth class. These are the types of things that make neighbourhoods work for these kinds of wealthy confines. And I am spending time on this and I am dealing with these elements as bluntly and as truthfully as I can, not forgetting, of course, Mr. Speaker, that as a Black public official who has watched the history of Riddell’s Bay and of Tucker’s Town and/or Fairylands, these are Bermuda realities. They do find a place in our economy. And for our purposes and for the purposes of 18, at least, new entrants, it will be positive for all Bermudians —Black and white—because it is going to create jobs for carpenters and masons and interior designers and decorators and landscapers. And one day, hopefully in this project, there will be Black purchasers of these residences, more of us who are able, because we reimagine ourselves as we come out of COVID -19 and we reimagine ourselves, as we have been urged to do, Mr. Speaker, in the environment of Black Lives Matter. We find new ways to create deeper equalities of wealth and happ iness amongst both the Black population— the majority Black population—and the white population. So, Mr. Speaker, high commendation to the Deputy with responsibility for Planning matters in our country. So, Mr. Speaker, may I now turn to the em inently powerful comments and remarks of the Member for constituency 2 who calls for a sensible and significant representation of a presence to reflect Black history, Black segregati on . . . white segregation of this area, of Riddell’s Bay so that . . . and this was the point taken up by the Honourable Member Cole Simons, so that Black folks feel a native connection with Riddell’s Bay at last —at last —because historica lly we have not. And a way to achieve it would be to involve Black historians, Black artists, constructing a visible significant monument there in Riddell’s Bay so that we have a warm feeling about the area. So that there is not a sense of we’re not welcome that conti nues to exist. To the developers, I want to commend and thank them for their generosity of offering the public space at Riddell’s Bay on these 65 acres. In the document that I have possession of, there were the hel pful notes that were provided by the Deputy Premier. At point 6, the site will be open to the public. The deve lBermuda House of Assembly oper has given written assurances. He has got two lines of commitment to the public element of this pr oject, of this important project. But Mr. Speaker, I want to thank the developer and encourage the developer to give high prom inence to the opportunity for this element, this sixth element in this development order, of having this place accessed, having Riddell’s Bay be accessible, by all of us; to be sensitive and do things in the public element and in the public development that make us feel—and it is easy to do —make us all feel comfort able and welcome. And I see that, so far, Mr. Wingate and Mr. Hayward (and others are getting involved) in shaping some of the ergonomic environmental aspects of the site. But I would like to see Black histor ians making a contribution, as was suggested by the Honourable Member Mr. Swan. You will not have a Black comfort feeling without Black involvement in the structuring of the development of the public space, t he area into which the whole public will have access. So, we do not want to commit the error and the mistake of just making this developed and man-aged by white ergonomic experts and environmental experts. Let’s have all of us taking part so that, having taken part, we have a stake in the matter of the public space and we will take our children and grandchildren there and it will be a happier arrangement. These are the things, Mr. Speaker, that are going on, this is the debate that is going on across the globe as confederate statues are removed because of the stench that they create in the psyche of onlookers; in Bristol, England, where colonialist’s and slave ow ner’s statues are being removed. So, we have an o pportunity to do in Riddell’s Bay, an equivalent kind of music that will make us a more harmonious nation. Even though this is iconology and this is i magery they do make a difference. So, participation by Blacks and whites on the public space is something that I join the Honourable Dennis Lister III in calling for. I hear what the Honourable Shadow Environment Minister Mr. Richards is calling for. I am calling for, and I think all Bermudians would welcome this kind of balanced involvement and participation on the struc-turing and configuration of some 64 acres. That is a lot of land, it is almost . . . such public domain should not be exclusive, even in our reshaping of it. It should be inclusive. And I look forward to that particular place, Mr. Speaker. I have mentioned the point about how Ri ddell’s Bay, because of all of its features, its settled, mature, residential nature makes it so distinct from Cross Island. Clearly, it is distinct from Morgan’s Point. And the Minister and Deputy Premier have been extremely fortunate and lucky in landing this pr oject to the side of the boat. It has all of the elements of being a successful magnet to attract investors, res idential clients and residents and, when it does so, we all know how that impacts the economy in our supermarkets, in our clothing stores, in our schools at the level of attractors engaging in the build out of such a major development. And so, not to lose sight, I do not want to gloss over it, I believe that placing a memorial to Black Lives Matter, to the lives that do matter, to some of the personages that the Honourable Member Mr. Kim Swan called upon. Now, I am not predicating that it be the Honourable Member, my colleague, Mr. Swan’s idea, but some suitable facsimile representation would be the kind of representation of a presence to reflect that w e have moved away from the segregation of Riddell’s Bay to a place in 2020 and 2021 of a more inclusive Riddell’s Bay. It is past time that we break away from these dreadful systemic parts of our history and walk forward and walk for it boldly with these k inds of representations. And so, I wish the project Godspeed. I wish and commend Minister Roban for bringing the Ri ddell’s Bay SDO to the House, kicking off a most nec-essary development, stimulus project, at a time when it is sorely needed. Thank you, Mr. Speaker. I hope Mr. Commi ssiong has found himself.
The SpeakerThe SpeakerThank you, MP Scott. Does any other Member wish to speak?
The SpeakerThe SpeakerNot bad at all. You have the floor, sir.
Mr. Rolfe CommissiongThank you, Mr. Speaker. Certainly, Kim Swan did give us an overdue history lesson. And his invocation calls for a historical reckoning, which is also overdue. Mr. Swan said, and I quote, “Do something to make it go away.” He talked about the erection of some sort of tribute on …
Thank you, Mr. Speaker. Certainly, Kim Swan did give us an overdue history lesson. And his invocation calls for a historical reckoning, which is also overdue. Mr. Swan said, and I quote, “Do something to make it go away.” He talked about the erection of some sort of tribute on the site, I guess, to those classic and inestimable Black Berm udian golfers, particularly of the post -World War II era, up in t hat area in Riddell’s Bay. I myself was thinking, as he said that, that we perhaps could be looking at a representational statue of a Black golfer in that peaceful area, that would be wooded amidst the gardens, which would have a plaque that talked about those giants of that era as Mr. Swan did. And he did an admirable job today. In fact, it is one of the best presentations I have heard from Mr. Swan in a long, long, time. And he has had some very good presentations since he has been with us over the last few years. But he gave great honour to those men, some of whom were his relatives, that he looked up to as a young boy. 4466 17 July 2020 Official Hansard Report
Bermuda House of Assembly Now, as a former Riddell’s Bay caddy myself, I can remember Mr. Swan caddying there. I was not caddying there for too long, but with th e Stoneham boys and the great Edgar Smith (I will not mention his nickname, I am tempted, though), we used to caddy there every now and then. I think we even sort of stopped going as much when some of us got jobs at White & Sons. And the return on our investment of time at White & Sons, I have got to be honest with you, was far better than caddying at Riddell’s Bay. But I always remembered the Riddell’s Bay golf course as an idyllic patch of Bermuda. I cannot name the holes, but when you are going up on that hill— and Mr. Swan would know what I am talking about. On the eastern boundary of that course when you make that hill and then you start going back around to catch those sea views of that border of that golf course, as a little 12, 13, 14- year-old, it was magical to me. Magical. And I will always remember that course. I thought it was one of the prettiest patches of land in Bermuda that I had ever seen. So, I do have some memories about that. My family, my mother and I were living up in that area, the Camp Road area during that time. I built some great friendships, and as a caddy got the occasional swimming at Riddell’s Bay at the dock itself, a wonderful area. So, yes, a statue that represents the archety pical Black golfer of that period and, like I said, a plaque that will contain all those names and give a brief history, including the history of exclusion and racism that played such a key and fundamental feature at that course, and courses around Bermuda—let us be very frank —throughout Bermudian society a t that time that sort of epitomised, as he mentioned, white privilege. There are, in a quick run- through of the numbers, $75 million investment over a few years, I believe over five years. I can be corrected. It is a modest investment. It is nothing that b y today’s standards we are going to shout Hallelujah! I do not think we are at that point now. In contrast, we know that the airport was a $300 million investment, despite the blighted nature of the deal in question. But it is welcomed. It is welcomed. And I want to commend the Minister for seeing it through—150 to 200 jobs; an increase in tax revenues, which are des-perately needed. If you heard our Finance Minister, who, against the odds (and the odds are increasing every day, I might add) is doing a fairl y good job, and I think he is managing to maintain the confidence of Bermuda’s people and investors on side with Berm uda during this very, very, powerless crisis. I am very happy about the establishment and I think of one of the Members from the other side, I think it was Mr. Cole Simons, who has a deep and authentic love for us maintaining Bermuda’s natural heritage as much as possible and, like me, not wanting to see every bit of land go to development. I think anybody who gets on a plane today . . . and it has probably been said before and I may have said it m yself, flying out and flying in, you wonder what is left of Bermuda to develop. And that is . . . most of that will be a conversation for another time. But 66 acres is nothing to sneeze at, being reserved for, I guess what you would call, a sort of woodland reserve or park, open to all Bermudians. The actual development itself, I believe, is the 18 houses which are slated to represent only 25 per cent of the total footprint there. And so I think it m ust get a guarded, qualified, thumbs up. I have no reservations in saying that. But in getting back to MP Swan’s comment about, Do something to make it go away, we need to teach the history, and so I have given you my idea as to how that can be done, by wa y of a walking tour through that area once it is put in place as a woodland reserve. But I think of all the tangible things that could have been done . . . and I mean this as no ongoing criticism of the Minister, nor my Government, but I firmly believe tha t in return for things, as we move forward, like the SDO for the various licences and permits, I believe that these types of developers will be more than willing to sign on to achieve racial equity goals and objectives. So, conceivably, why could we not have them make a pledge to ensure that 50 per cent of their employees are going to be Black Bermudian? That 45 [per cent] or 50 per cent of the subcontractors, in turn, will be Black Bermudian- owned businesses? And I did not say Black Bermudians who are affi liated with the PLP. I think it has to be done in a way where this is codified under law, it has established, rigorous crit eria. And so it would not matter who you vote for, only that you are a Black Bermudian. That would be the fundamental criteria as def ined under law. And you own or you and a group of Black Bermudians own that company and will be able to participate in projects such as this. Because if we are going to redeem the past, if you will, to repair the damage that has been done, the damage that left Black Bermudians, despite being a numerical majority (I heard this once said), described as a . . . who have now become a sociological minor ity, because there is still a significant degree of racial inequality in this country, which in many cases hide s in plain sight, then these are the sort of things we are going to have to do. We are going to have to make the hard decisions. And we are going to need white Bermudians, at least the well -meaning white Bermudians, who want to put an end to this chapter t hat my co lleague spoke so eloquently of, despite the personal pain and hurt that generations of Black Bermudians, not only in that area—that Southampton East and Riddell’s Bay area —but throughout Bermuda felt, then these are some of the very real things th at we are going to have to do. So, you can call it, you know, racial equity programmes, you can call it affirmative action pr oBermuda House of Assembly grammes, but these compensatory programmes are going to be needed if we are really serious about going a long way in closing this historical chapter and truly building a new Bermuda. So, I commend MP Swan today. And I know that there are Members on the other side who are not necessarily opposed to what I am proposing here, and I am hoping that we can see some common ground and suppor t for these types of initiatives. Because this is going to be healthy for all of Bermuda, including white Bermudians, that we can move forward without rancour, without excessive divisiveness, in ensuring that in Bermuda we have made a tangible effort to produce more racial equality in ways that we have not seen in decades. It is almost like, Mr. Speaker, since the 1980s we have been asleep. Some of us went into a sort of colour -blind bubble, some went into their own indivi dual aggrandisement, they are going to get theirs no matter what. We come out of that now and we look around, many of us, wondering if much progress on this front has been achieved. I remember a relative of mine who spoke about how far we have regressed as Black Bermudians and, in turn, as Bermudians, only a few years before she died. And this was a woman who was at the forefront of our civil rights struggle, our racial justice struggle, a generation coming out of World War II who came of age in the 1950s and 1960s and 1970s, who gave birth to MP Swan and my generation. But that was very poignant. Like I said, I would have liked to have seen this SDO and the other permits and the licences and approvals that these developers have gotten to have been this first example of what I am talking about. B ecause we all know, deeply inside of ourselves, that it is wholly necessary. So, Mr. Speaker, I will leave it at that. Again, notwithstanding what I just said, I commend the Mini ster for his work on this project and I look forward to this project not disappointing us and that this project will actually approve some real, tangible, benefit, not only in terms of the profits and the success econom ically that will accrue to the developers, but to all of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Is there any other Honourable Member who may wish to speak? Hon. Michael H. Dunkley: Mr. Speaker, I would like to speak.
The SpeakerThe SpeakerIt sounds like MP Dunkley. Hon. Michael H. Dunkley: Yes, good afternoon, Mr. Speaker, that is correct.
The SpeakerThe SpeakerGood afternoon. MP you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I start on a lighter note to the Honourable Member who just spoke before me, and now I know why he went to work at White’s grocer y store, because if he cannot …
Good afternoon. MP you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I start on a lighter note to the Honourable Member who just spoke before me, and now I know why he went to work at White’s grocer y store, because if he cannot remember the layout of the land as a caddy, then I am sure that that was not his calling and he saw better days ahead when he went to the grocery store. But I certainly agreed with some of the points that he made, and I will c ome to them through my presentation here today. Mr. Speaker, it has been an interesting debate. And I, for one, am quite surprised that the Pr ogressive Labour Party, as a Government, has not taken this opportunity to use this SDO to enshrine in there some requirements to allow that our history is remembered. Because I have to say, and I can only speak for myself, but I am sure that many colleagues in the House would support the call by the Member from constituency 2, Kim Swan, in enshrining some reflection on our history in the work that is done going forward up at the Riddell’s Bay gardens and Nature Reserve. Now, as Members have referred to, Mr. Speaker, I believe that the land will be subdivided into a Nature Reserve, an open space and woodland, open space and recreation area. And, certainly, the recreation area, Mr. Speaker, I think, is the ideal area to let us always encapsulate our history so that it is not forgotten. Because it would appear that with this very large area of land that is going to be f urther pr otected . . . and I think Members have reflected on the size of it as well. I do not believe it is the largest area that is protected in Bermuda. I think Cooper’s Island is bigger than this, but it certainly is a very significant size and one of t he largest here. But certainly, with the large recreation area that is going to be open for the public(and I think it is 22 acres in looking at the notes that I have here) it would seem, to me, that this would be an ideal place amongst the walking trails and the areas to relax and reflect, to recount our history. And I certainly am well aware of the history at Riddell’s Bay. I appreciated the comments from MP Kim Swan on some of the people who have their lives entwined in the history at Riddell’s Bay. I certainly have some fond memories of the beautiful layout of that course, because I was blessed to be able to play it a number of times. It is an excellent design. There are spectacular vantage points all throughout the course. And it was fun to play. I, for one, am disappointed that it does not remain a golf course, Mr. Speaker, and I will get to that in just a few moments. But I think now is the time—here today, Mr. Speaker—while we debate the Riddell’s Bay Special Deve lopment Order 2020, that we enshrine i n that Order things that must take place. And if we are so co ncerned, as we are about our history and the progress 4468 17 July 2020 Official Hansard Report
Bermuda House of Assembly that we have made away from a segregated society to a more equitable and just society, we should enshrine history right here today, here and now, because we have the opportunity to do it and not let it get away. And I think if this happens today without putting something in there to make sure our history is remembered, the PLP will find that they have wasted a perfect opportunity to do somethin g that will be etched in the murals of time. And I think people would appreciate it, Mr. Speaker. So, Mr. Speaker, there has been a good debate here today from colleagues on both sides of the floor. And I was one, along with my colleagues Pat Gordon- Pampli n and Sylvan Richards, to have the opportunity to be on a call with the Minister and tec hnical officers. I also had the opportunity, with the two of them, to be in a meeting with the owners of the property. I will not call them developers because I do not think they are developers, I think they are owners and they will sell off the lots. And I also had the opportunity to be on a call with the objectors. So, I took the time to look at all three parts of the equation here today because I am torn by this, Mr. Speaker. I am torn by this because I hear what Go vernment has said, I hear clearly that this is an ecological and social gain. Those were the words that the Honourable Deputy Premier and the Minister of Home Affairs have used. I have heard the Minister say that this will be a stimulus for Bermuda, it will be good for our economy. I have heard Members of the Gover nment say those same types of things. Only time will tell on that, Mr. Speaker. But I also reflect back, Mr. Speaker, because when the developers bought this property . . . and before I go there I just want to reflect. The Honourable Deputy Premier, when he presented, he said this was started under the former administration and the records will show the discussions that took place. I am well aware of that, Mr. Speaker. But what the records will not show is that, when I was the Premier, I was never inclined to change the zoning of this property. Because if we are going to change the zoning of property, it has to be done under proper deliberations, and that is why the Minister at that time was given the latitude to speak to the developers to see what was in [their] minds. And the Cabinet never had the oppor-tunity to debate what the next steps were going to be on that. That is part of the record as well, Mr. Speaker. But here we are today and Government can decide what they want to do. They have all the ability to do that and they have done that. But when this property was purchased back in 2016, I believe, the developers . . . sorry, the owners, took a ri sk. And it was not an open tender. It was the liquidators asking for offers on the property. And there was speculation about who put offers in place. And one of the honourable colleagues in this House was one that has admi t-ted today that he and the group t hat he was with put in an offer for it. But the liquidators chose Castile Holdings at the time. For whatever reason, they were chosen. And at that time Castile Holdings, like any other person who put in a bid, was taking a significant risk. B ecause if you put in a bid to maintain it as a golf course and develop what you could around Riddell’s Bay at the time . . . and I understand that there was the ability to develop some lots on the harbour side of the prop-erty and maybe in a couple other areas as well. So, if you were going to develop those lots and you were going to maintain it as a golf course, that would have been one business approach to take. But the current owners of the property took the risk that they were going to take it and they were not going to open it as a golf course. So, when they purchased it, they basically had three options: they could have kept it as a golf course and developed it as they saw fit; they could have purchased the property and turned the entire area —Mr. Speaker, let me be very clear, the entire area—into a nature reserve, woodland reserve, open space or recreation area; or they could appeal to the Government and ask for an SDO and make a significant return on their inves tment. And so, when I hear colleagues say that this is a gift to Bermuda . . . well, in one way you can look at it like that, Mr. Speaker. But in my view, and I am a capitalist, I am a business person, I believe in doing what you can to create opportunity, and with that opportunity you should get a return on your investment. This might be a gift to Bermuda; but this gift to Bermuda comes at a significant reward to the owners of the property. While this gift to Bermuda, Mr. Speaker—the Government has talked about $75 million being invested into the community; 1 50, 200 jobs, whatever it might be, over what time frame we do not know —this gift to Bermuda also comes with a signif icant return on the investment to the owners of the property, and it should be recognised. Because, as I said, they had three options: They could have kept it as a golf course, they could have purchased the property and turned it all into a nature reserve or something along that line, or they could have applied to the Government and asked for rezoning, which they have done. And Government has decided to accept that. That is Government’s decision, Mr. Speaker. Now, Mr. Speaker, I, for one, am a person who does not have any great affinity for SDOs. While it is a part of Planning life in Bermuda and SDOs have come and gone throughout the context of my time, my mature adult time in Bermuda, many of the SDOs that I am aware of have been fraught with controversy, concern, and [have] not worked out well, Mr. Speaker. I hope this one is not like that. And it could be, unless we tidy up the document th at we face here today.
Bermuda House of Assembly But before I get to that, Mr. Speaker, we need to reflect that the SDO is something that is available for a Minister and a Government to use. And I accept that. But, certainly, it has created challenges throug hout our history. And I do congratulate the Minister for bringing this SDO to Parliament today so we can have a conversation around it, so there can be the scrutiny around it. And I do thank the Minister for allowing us to have the call with [the] technical officers to get some m ore background information so we can have a constructive debate here today. And on the back of those comments, Mr. Speaker, there is nothing that the Opposition can do in regard to this SDO because we are 11 versus 25. But I think the debate in the people’ s House is critica lly important for better understanding all around for this project. Now, Mr. Speaker, the history of Riddell’s Bay . . . I am pleased to see that Members have taken an opportunity to reflect on it. I am also comforted, to some extent, Mr . Speaker, in knowing the history of Riddell’s Bay, that we have seen that property evolve into a much better place. And what do I mean when I say that, Mr. Speaker? Well, through the years . . . and the Honourable Member from constituency 2 r eferred to a number of prominent individuals that he was aware of who were part of that course, and the Honourable Member was somewhat shy in going on a little bit further, but I believe his brother Darren, who is a golf pro, was also a golf pro at Mid- Ocean . . . sorr y, at Riddell’s Bay during a few years back. I believe that there were other people that I became very close with, played some golf with, such as Norman Minors, who had a long association with Riddell’s Bay through many years. And Norman was one of those very accomplished Black Bermudian golfers who could hold a stick with anybody, Mr. Speaker. But the history of Riddell’s Bay evolved from the very racist beginnings of it to . . . it turned at the end where, for example, individuals that we all know, such as former Honourable Member of the House, Reggie Burrows . . . that is where he spent a lot of his free time in his later years —at Riddell’s Bay. He was a very keen golfer and he could be seen there as long as he could get there and his health allowed him to get around that property and enjoy his time. So, thankfully, we have moved forward and we have managed to change some of the inequality and injustice of the past. But we should not miss an opportunity here today to make sure we never forget it. Because, Mr. Speaker, we can have this debate here today, the property can get sold off, it can get developed, and we will forget about this debate. We will forget about this debate unless we enshrine som ething into an SDO that allows for our history to be commemo rated. And there is a good story to tell there, Mr. Speaker. And so, I think we need to tough-en up this SDO in that one area. There are a few other areas I would speak to as well, Mr. Speaker. My honourable colleagues have spoken about public access, and I support the comments from my honourable colleagues on this be-cause I think the public access should be enshrined in this SDO. And I was very interested to see that the owners have given them a letter of commitment to that public access, but it is not incl uded in the SDO. That is not good enough, Mr. Speaker, because if there is a letter of commitment, and if we have an SDO, there is no reason why the Government cannot push it a little further, get the agreement with the developers that that public access goes in there because, Mr. Speaker, generations change. The current owners seem to be very comm unity-minded and want to preserve something for the community, open it up for the community. But Mr. Speaker, the people who have influence on that trust, if it is a trust that is going to be set up, can change over time. And they could change the documents which provide the framework on how the trust will operate to make it happen in a different way. So, if we are really concerned about public access, we should m ake sure that it is enshrined in there, Mr. Speaker. And when I heard the Minister say the minimum of 50 hours a week, Mr. Speaker, a mi nimum of 50 hours a week is certainly not sufficient. I think we should tighten up that a little bit more be-cause 50 hours a week can just limit it to four days of the week during daylight hours, and that can get you your 50 hours a week. I think we need to be more specific about that because, remember, at the end of the day, an SDO is being given to develop the land, but t he owners will still have the opportunity to do what they choose with the land as long as it conforms with the development. And public access is important in this regard and we definitely need to tighten that up. Mr. Speaker, colleagues have also talked a bit about who maintains the property going forward. Now, obviously, when we are looking at an area of 98 acres and then when you sub out the 18 lots, you are down to about 64 acres of property. That is a significant piece of land. And the developers, when we met with them . . . and it has been referred to in the debate t oday that they would set up an endowment of a couple of million dollars and the owners of the lots that are sold would have to pay a maintenance fee. That is all very well and good, Mr. Speaker. But a couple of mi llion dollars and a maintenance fee, which is not even set yet, could disappear in a short period of time. And the last thing that we would like to see, as individuals who debated this SDO in Parliament, the last thing we would like to see is for that property to deteriorate into the condition of something along the lines of Sout hlands where there is no money in the budget to mai ntain it and it costs significant money to do so. Mr. Speaker, it will not be easy to maintain all of those areas. A Nature Reserve requires superv ision, requires work in many different areas. Open 4470 17 July 2020 Official Hansard Report
Bermuda House of Assembly space, certainly, requires maintenance as far as [landscape] manicuring and cutting. Woodland R eserve to a lesser extent, but it has still got to be dealt with during times of summer growth and storms. And certainly, recreation requires even more maintenance. So, that is going to be, in my view, Mr. Speaker, tens of thousands of dollars every year to maintain it in proper condition, to make sure that it is safe for the public’s access, to make sure that it is appealing for what it is intended to be. Mr. Speaker, I am not making these comments to say that the owners will not be diligent in d oing what they have said they would do, but people come and people move on, Mr. Speaker. This is a very big piece of property and I do not want to be part of this debate here today to find out in 20 years’ time that the place is overgrown, run down, there is no money in the budget to fix it up, because the directors of the trust have gone in a different direction, Mr. Speaker. If we are keen to ensure that this works, if we are adamant about reflecting on our history, we need to make sure that people are held to account and we need to tighten up on how this endowment fund is going to e nsure that the property is maintained. Now, the Government knows, as well as an ybody, the significant cost in maintaining our environmental areas. Governments get criticism from the members of the public all the time, especially in the heat of the summer and with sufficient rain, that the properties become overgrown and are not able to be used in the appropriate way. We do not want to see this type of criticism about this area, because once the SDO is passed, we will have very little input on enfor cing anyt hing, other than what is in the SDO.
Hon. Walter H. Roban: Point of order, please, Mr. Speaker.
The SpeakerThe SpeakerJust a minute. Deputy [Premier]. POINT OF ORDER [Misleading] Hon. Walter H. Roban: Just to make sure that I appreciate the direction of the Honourable Member, but [these are] slightly misleading comments. This SDO has the force of law and its terms are enforceable. And that includes the commitment to …
Just a minute. Deputy [Premier].
POINT OF ORDER [Misleading]
Hon. Walter H. Roban: Just to make sure that I appreciate the direction of the Honourable Member, but [these are] slightly misleading comments. This SDO has the force of law and its terms are enforceable. And that includes the commitment to conservation and preserving the land. The SDO speaks specifically to the conservation areas and t hose are legally enforc eable.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Mr. Speaker, I do accept that point of order, but in the context in which I was referring, as far as maintenance of the property, the SDO is pretty loose on that framework. R emember, we are looking at, at least four different — …
Thank you.
Hon. Michael H. Dunkley: Mr. Speaker, I do accept that point of order, but in the context in which I was referring, as far as maintenance of the property, the SDO is pretty loose on that framework. R emember, we are looking at, at least four different —
Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER Hon. Walter H. Roban: There is a conservation management plan associat ed with this process that is a part of the package, an environmental impact as-sessment. These are things that are a part of the package that underpin this SDO. …
We will take your point of order.
POINT OF ORDER
Hon. Walter H. Roban: There is a conservation management plan associat ed with this process that is a part of the package, an environmental impact as-sessment. These are things that are a part of the package that underpin this SDO. An SDO that, again I will say, is enforceable by law. It can only be changed by the Legislature.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. So, I have a question for the Honourable Mi nister, which he can answer [when] wrapping up. So, if any aspect of the conservation management plan, or any other plan that they have in there, fails to meet the standard that the Government expects at the time, what can Government do if there is no money in the endowment fund to make the proper changes that are required? That is where I am going, Mr. Speaker, because it is one thing to say they have to follow these rules and regulations, but if there is no money in the bank, as the Government knows as well as anybody else, you cannot pay the piper, Mr. Speaker. And that is the challenge that I have going forward because generations are going to come and go here. We are doing this for eternity, Mr. Speaker, until somebody else decides to overturn this SDO, if that ever happens. The owners of this property are going to sell the lots and, after that, they will be r esponsible, not so much for the lots because there wi ll be new owners in them, but they will be responsible for 64 acres. We need to make sure that [for the] co nservation plans, [and] everything else that we have asked them to do, there is money in the kitty to make those things happen, Mr. Speaker. Because if there is no money in the kitty, then what can happen, Mr. Speaker? That . . . that is the concern that I have. Now, Mr. Speaker, when we had the opportunity to have a conversation with the Minister responsible, I asked the question to the Honourable Min ister if this was setting a precedent. And the Honourable Minister said (and these are my words, not his, and he can deal with this in summation, if he wishes to) that he did not believe it was setting a precedent. And I questioned that because anyone else in the future can make a similar case and it would be very difficult for a Minister or Government to turn it down. Mr. Speaker, we know that our economy is struggling. We know that a big part of this decision was because Government wanted to have economic stimulus. And so, the environmental aspect of this
Bermuda House of Assembly thing was outweighed, to some extent, by the ec onomic stimulus that was taking place. Because I doubt, Mr. Speaker, that if Bermuda was booming, this SDO would ever see the light of day. But does this set a precedent, Mr. Speaker? Because I really am curious to see how it would not. For the simple terms, Mr. Speaker, take a look at the golf course that the Honourable Member Kim Swan talked about where he would go for his first loop, if he could get it, and then come to Riddell’s Bay for a second loop—Belmont. We know that there have been some challenges in that development over time. We have seen owners change. We have seen membership of that golf course struggle. We have seen i nvestment in the maintenance of that golf course be not up to the standard that many golfers would expect, Mr. Speaker. What happens if the owners of that property come and say, you know, we have “X” acres here at Belmont, we would like to keep 75 per cent of those as a park and we wi ll turn 25 per cent into buil ding development? What can Government do to say no, that is unacceptable, you cannot do it, you have got to keep it as a golf course? I think we are setting a precedent here, Mr. Speaker, and the only reason why I bring it up i s because I believe that we need to be able to ensure that, going forward, we have an answer for people who come with similar plans. Now, I know that the Planning Department and the technical officers are very comfortable, in my view, with the extra protections on this land, taking it out of recreation and putting it into extra protection. They are very comfortable with that, Mr. Speaker. But I would not be surprised to see requests for develo pment along the way in regard to Belmont. If the ec onomic situat ion does not turn around, that golf course will be threatened. Less and less people playing golf, less and less members at that golf course, no money for the maintenance, the owners of it will look at it as an investment and say How are we going to get out of this mess? And that is one opportunity. And I reflect on that, Mr. Speaker, when I go back to . . . I want to go back to the St. George’s development, because the Honourable Member Michael Scott, who spoke earlier, referred to Morgan’s Point and Cross Island development. All of those matters had their germination under the PLP. And now we are playing politics back and forth, trying to lay blame on who is responsible, Mr. Speaker. I do not think that that is the appropriate approach to take at this point in time when we are trying to find solutions to get for-ward. But I reflect on that to say that in St. George’s, when we were negotiating with St. Regis, with the current developers of property down there to put a St. Regis Hotel, we were very careful to e nshrine in that development Act protections of the coastline. We pushed back on development of lots for building in various areas. We pushed back to protect the golf course. We even put in the Act to protect the beach. And that was used as a political foot ball, Mr. Speaker, but it was always in the Act to protect the beach. We need to do the same things in this SDO because this property is fully owned by private ind ividuals. And once this SDO moves forward all we can do is enforce what is in it, nothing whi ch is outside it, Mr. Speaker. And so, I understand the vision of the owners of the property, Mr. Speaker, and they have been very smooth on it. They have got a detailed brochure out which has some great aerial pictures of the property. They have been thinking of developing this for a long period of time, Mr. Speaker, to sell the lots off and move on from there. But I am disappointed that we see a process like this get pushed back with name calling. For example, Mr. Speaker, when they talk in the Royal Gazette today, a spokesman for Castile Holdings, which owns the 87- acre site (I am not sure that that is correct) in Warwick, said the protestors against the proposal were wrong and that the development would be a win- win. No, Mr. Speaker, the protestors —the objectors to the development —are not wrong; they just have a different viewpoint. And their viewpoint should be listened to and respected so we can have a reasonable debate about this going forward. We should not criticise their petition and 3,000 people, and some of them are overseas people. We should not criticise that, Mr. Speaker. We should accept that they have a valid opinion and we should listen to it because that is their belief, Mr. Speaker. And yes, some of them are residents out there. Now, would they not want to see how the area in which they live is going to be handled going forward? And so, clearly, this situation has cr eated a great deal of friction over the past couple of years about it, the Government has brought this SDO today and are very keen to have it passed. I want to ensure that because the Government has the votes to make it happen this is the success that Government expects it to be, because, Mr. Speaker, only time will tell. Only time will tell. And the sad thing about this situation, Mr. Speaker, is that we will forget about this SDO in 15- or 20-years’ time and, if something happens, somebody will reflect back and say, Well, remember that SDO? They had a chance to correct it at the time. So, only time will tell. And I think we need to tighten up on this SDO to make sure that the vision that we talked about here today actually takes place. The vision of reflec ting on our history when we use that property, the v ision of making sure that there is public access, the vision to make sure that the property is maintained in the appropriate fashion— all of those visions need to be reflected in here, Mr. Speaker. And the last thing I will say, Mr. Speaker, is that during Question Period in the House when the Honourable Minister gave his Statem ent two weeks ago, he was asked what the technical officers’ advice was. And he said it was privileged information. And I 4472 17 July 2020 Official Hansard Report
Bermuda House of Assembly raise that, Mr. Speaker, because I sincerely doubt that is the case. I am more informed now of what their advice was by the call that we had. But certainly, priv ileged information in regard to technical officers’ ad-vice on an SDO is not acceptable for us as Members of Parliament to use. And if a Government Minister wants to say that, I am sure that the public access to information [PATI] will always allow that information to come out. Thank you, Mr. Speaker, for your time.
The SpeakerThe SpeakerThank you, Member. You must have your clock on, you were just a minute short on your time. Does any other Member wish to speak?
Ms. Susan E. JacksonMr. Speaker, it is Susan Jackson, I would like to have a few words please.
The SpeakerThe SpeakerMadam Opposition Whip, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. I just wanted to share a few words, simply because I feel that the environment al side of this sp ecial development order has not necessarily been addressed in the debate today. And, you know, I clearly want it to be noted that it is so …
Thank you, Mr. Speaker. I just wanted to share a few words, simply because I feel that the environment al side of this sp ecial development order has not necessarily been addressed in the debate today. And, you know, I clearly want it to be noted that it is so important for us, especially here in Bermuda where we have such limited space, that the owners of t he property do consider, and whether the SDO is also inclusive of a formal agreement around the environmental protection.
Hon. Walter H. Roban: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Point of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: The Honourable Member is misleading the House. There is substantial deference to environmental conditions in this SDO of which the developers must abide by, and I take these points of order not so much to correct …
Point of order. Point of order.
POINT OF ORDER [Misleading] Hon. Walter H. Roban: The Honourable Member is misleading the House. There is substantial deference to environmental conditions in this SDO of which the developers must abide by, and I take these points of order not so much to correct the Opposition, but to inform the public, so that they know that these things are firmly outlined in the SDO as it stands. Thank you, Mr. Speaker.
Ms. Susan E. JacksonThank you, Minister. And so, yes, I accept that. So, the owners now with this substantial, what I would consider to be both a social and an enviro nmental responsibility, would consider the partnerships with many of the organisations in Bermuda who do spend an awful lot of time protecting …
Thank you, Minister. And so, yes, I accept that. So, the owners now with this substantial, what I would consider to be both a social and an enviro nmental responsibility, would consider the partnerships with many of the organisations in Bermuda who do spend an awful lot of time protecting our environment. The Minister in his opening statement mentioned the Audubon Society and Greenrock, and also the Mini ster did say that there were mixed emotions from some of the environmentalists on the Island, given that there will also be some development involved on what has been open space in Bermuda. But, you know, as I am listening to the debate, I certainly can visualise the pristine beauty and the tranquillity of this open space, and certainly, the i mportance of having some public access for the Island, and in particular, our young people to be able to explore the nature and t he fauna and the birds and all of the nature that this property will provide, especially given the fact, as mentioned, that we have such li mited open space on the Island. And so, creating these partnerships, and I am not aware whether the owners have had c onversations with the various environmental groups on the Island to create a vision — Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: Very much outlined in my brief I presented . . . perhaps the Member was not listening. I mentioned BEST, Audubon Society and Greenrock, all, and I quoted it substantially in my brief and had extensive pre- consultation even …
Point of order.
POINT OF ORDER [Misleading] Hon. Walter H. Roban: Very much outlined in my brief I presented . . . perhaps the Member was not listening. I mentioned BEST, Audubon Society and Greenrock, all, and I quoted it substantially in my brief and had extensive pre- consultation even before they made the application with the proposed dev elopers. Thank you, Mr. Speaker.
Ms. Susan E. JacksonThank you, Minister, and yes, I know that the Minister said in his opening brief things like the Audubon Society, you know, did loath the new development but looked forward to sort of the green space and the sizeable reserve. So, regardless of what may happen sort of formally, the …
Thank you, Minister, and yes, I know that the Minister said in his opening brief things like the Audubon Society, you know, did loath the new development but looked forward to sort of the green space and the sizeable reserve. So, regardless of what may happen sort of formally, the consultation, et cetera, I think moving forward it is still going to be really important to conti nue to build those relationships with environmental ists so that we can make sure that we absolutely optimise the protection of our natural habitat. And because there are going to be some concerns and there is going to be nervousness around the development side of it, and we need to be able to assure our en vironme ntalists that we can do both, because in Bermuda we are going to have to compromise an awful lot because of our limited space. And Mr. Speaker, I do not know how we formally create things like National Parks, and I do not know whether this is an op portunity for that. And certainly, having listened to the previous speakers in this debate it would be fantastic if we could have some historical representation within this nature reserve, within the parklands that are going to be available to the public. And so, if that can be also, as mentioned,
Bermuda House of Assembly formalised, I think it would be much appreciated by the community. I have, in doing a little research and just also [from] my memories of the past, Special Development Orders have always seemed to have had some form of controversy. And I know that this Minister has certainly had his share of Special Development Orders and the sensitivity around making these kinds of co mpromises in Bermuda. And I guess, if I had any reservation, and I am going to preface [this] by s aying that I support the way that there is a balanced approach toward this particular SDO, that there have been ci rcumstances where similar arrangements have been made and then there has been major difficulty from a financial perspective in either selling properties, being able to complete projects, and that would be a real detriment to the very well established neighbourhood that exists there now. And so, I would hope that there are some assurances that can be provided to the neighbours in Riddell’s Bay th at with the selling of these lots that there will be successful completion of the projects, that if things do go south that there is some form of contingency plan in place, so that it does not end up becoming sort of, you know, a half - baked project. And so, I guess I really would like very much for Government to keep a close eye, to stay commi tted and to stay actively involved, especially from the preservation of the natural habitat, but to stay involved in this project so that we can have some semblance of assurance that things are going to go well with this and that we are not going to face some of the cha llenges that previous SDOs have faced in the past. Because in some ways when there is development on property that is deemed to be an open space to put i t generally, but you know it is, . . . hmm, I do not want to way it is a form of desperation, but it is a compr omise. And so when there is a compromise involved there is risk. And I just want to make sure that the Government in this SDO crosses all their t ’s and dots all their i’s and makes sure that the environment is protected at all costs, which the Minister has said time and time again that he is on it, and we are able to pr ovide some level of access for the public to be able to enjoy this property. And, you know, I cannot leave this debate without reflecting on the National Trust and the N ational Trust Walks and yes, so maybe for a couple of hours on a Sunday afternoon there are large numbers of people on the property, but to be able to give access for people to be able to see such beautiful land in Bermuda, that so much of it is untouched is an i mportant part of our well -being here on the Island, and we must do everything that we can to make sure that we feel the open space and that we can appreciate that which we have here that is so precious, and with that, Mr. Speaker, I complete my debate. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Honourable Member?
The SpeakerThe SpeakerMP Pearman. Yes, MP Pearman, you have the floor. MP Pearman?
Mr. Scott PearmanYes, thank you, Mr. Speaker, I’m just turning on my video. Mr. Speaker, this has been a very interesting debate and a lot of people have s poken, so I do not wish to add too much.
Mr. Scott PearmanI just wish to add six bullet points, if I can, including one which is a specific ques-tion to the Honourable Minister, and one I hope he will be able to address in his cl osing. My first observation is just one that comes from the heart. I, like many …
I just wish to add six bullet points, if I can, including one which is a specific ques-tion to the Honourable Minister, and one I hope he will be able to address in his cl osing. My first observation is just one that comes from the heart. I, like many in Bermuda, sort of feel that we do not really need more concrete here. That is not to say that these owners will not do an excellent job of any houses they choose to build or that if they sell land to others those who buy them may not build beautiful houses. It is a very nice area, and I am sure people will respect that. But we have a lot of empty housing on this Island as it is. So I think a lot of people could sit back and as k, Why do we need more? Why are we going to get more concrete? And it is a legit imate question on such a small landmass as we have. Secondly, Mr. Speaker, there was a point raised by my honourable colleague, Michael Dunkley, earlier which is: What happens with future maint enance? And this is a common problem with develop-ments around the world. You know, they are nice ideas, they create jobs, they do what people want to do. But many years after when something starts to break or a road needs [repairs] or wha tever happens to be, there have not been sufficient financial contingencies to ensure that things are kept and maintained. I heard the Honourable Minister, that there is a conservation management plan. I did not hear him say whether or not that translates into financial contingencies. This is something that will have a great impact on future generations, and so I just respectfully suggest that the Government sharpen their pencil a bit about what sort of financial preservations are made to assist in 20, 30, or 40 years’ time. Thirdly, Mr. Speaker, I do wonder whether this could set a dangerous precedent. This was plain and simple land speculation, and well done to the owners. It was, you know, a lucky break for them. They got this at a discount, and they wil l be able to sell it at a pr emium. And that is capitalism. And I do not fault them for it. But, alongside that we must remind ourselves that when the access to that premium, to that profit, 4474 17 July 2020 Official Hansard Report
Bermuda House of Assembly lies through the hands of Government, and Gover nment holds the key through an SDO, we just need to make sure and the public needs to be satisfied that Government has achieved on behalf of the public ev erything in that bargain that they should have achieved before unlocking that gate to profit for the owners. And so, it i s Government who has decided to allow this to happen, and I praise certain elements. I mean, the idea of setting aside a parkland, albeit, at much smal ler acreage than the previous property.
Hon. Walter H. Roban: Point of order, Mr. Speaker. Point of order, please.
Mr. Scott PearmanYes, I will take your point of order. Hon. Walter H. Roban: I am waiting for the Speaker to acknowledge me.
The SpeakerThe SpeakerState your point of order. POINT OF ORDER [Misleading] Hon. Walter H. Roban: Thank you, Mr. Speaker for acknowledging me. It is not the job of MP Pearman to acknowledge me; it is the job for you to acknowledge me. So thank you very much. There is substantially more conservation …
State your point of order.
POINT OF ORDER [Misleading]
Hon. Walter H. Roban: Thank you, Mr. Speaker for acknowledging me. It is not the job of MP Pearman to acknowledge me; it is the job for you to acknowledge me. So thank you very much. There is substantially more conservation land being secured as a result of this arrangement. It is not fair . . . it is unfair to the public that this [statement ] be put out. It is clear a substantial amount of preserved land and protected land is being provided to the public. Thank you very much, Mr. Speaker.
Mr. Scott PearmanThank you, Mr. Speaker. I am not quite sure for the reason for that intervention. E ither there is more green space after this or there is less. I would respectfully suggest that there is less. But no doubt in closing the Minister can give the facts and the numbers. …
Thank you, Mr. Speaker. I am not quite sure for the reason for that intervention. E ither there is more green space after this or there is less. I would respectfully suggest that there is less. But no doubt in closing the Minister can give the facts and the numbers. My understanding is that there are going to be 18 houses. That is not green space; that means there will be less green space. That is pretty obvious. But no doubt, he can rebut that when he closes. Nonetheless, Government has decided to let the deve lopment happen, and I very much hope that they have bargained hard to achieve all they can. As to that bargaining, let me come on, Mr. Speaker, to my fourth point, and that is an environmental one. I appreciate that the Honourable Minister may feel he is getting a hard time today, but I don’t mean to give him a hard time. I know in his heart of hearts he is someone who champions the environment. He has spoken in this House about environmental fea-tures and aspects on this Island previously. So, let me invite him to consider this one: I have gone out and looked around the property, and I note that there are a number of derelict boats on the property, including two in particular that were burned outright by the Island there in Heron Bay and are now just sittin g rotting on the foreshore, indeed, on the land. And I would just hope that as part of the project and the SDO and part of the conservation management plan the Minister will ensure that there is a clean -up of those boats. I don’t say it is the owners’ faults that they are there. Obviously, those were there . . . or I say obv iously, likely those were boats thrown up on the shore from hurricanes past. But it would be nice to see that if someone was going to be making some money off that, they could also tend to the environment, as appears to be their intention through setting aside land for preservation. A fifth point before I come to my final question for the Minister is the suggestion that he made in our last sitting that the advice that had been given to him was privileged and therefore did not have to be shared with the House. That surprised me, that assertion. I do not mean to debate with the Minister whether he is right or wrong, and I am not going to. But whet her or not he is right or wrong, it is surpr ising that where we are looking at such a significant develo pment project involving so much of Bermuda’s land, I would have thought that the Minister would want all the advice provided to him to be open and transparent for everyone to see, even if some of that advice was against the ultimate project or was against his dec ision-making. It would be in the Minister’s interest to be completely transparent, and I would invite him to r ethink that position. Finally, Mr. Speaker, I note that there was a point that came up earlier, and it may be that I was not paying close enough attention, but I think I have this right from what the Honourable Minister said and i ndeed, from what the Honourable Shadow Minister Sylvan Richards said. As I understand it, there is a ques tion of access to the property by the public. And by the property, I mean the reserve, not obviously the private ownership, not the lots themselves. But my understanding is that the Government would like the public to have access to the—I will call it the parkland as a shorthand. The Government would like the public to have access to the parkland. And further, I understood the Minister to say the developers, the owners, want the public to have access to the parkland. And indeed, I understood the Minister to say that they went so far as to create a side letter saying this. What I do not understand, and it may be that I misheard or am mistaken, but I would be grateful for the Honourable Minister to clarify, but if the Gover nment wants access by the public and the owners (or developers) want access by the public, why wouldn’t that public access be enshrined in the SDO? I thought I heard the Honourable Minister saying it is not in the
Bermuda House of Assembly SDO, and I thought I heard my honourable colleague, Sylvan Richards, pick up o n the point. And so I would just be grateful if the Honourable Minister could clarify to the House if public access is not airtight and in the SDO, will the Honourable Minister please reconsider and put it in there, and indeed, if he will not put it in there, could he please explain why he will not do so? Thank you, Mr. Speaker. I appreciate the time.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister. Would you like to close this out? Hon. Walter H. Roban: Yes, Mr. Speaker. I also wish to thank everyone who has made a contribution to this debate, and I congratulate everyone for their …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Minister. Would you like to close this out? Hon. Walter H. Roban: Yes, Mr. Speaker. I also wish to thank everyone who has made a contribution to this debate, and I congratulate everyone for their contribution to this debate, because actually this is in the very spirit upon which this very structure of how we deal with SDOs was devised and designed to work. Not only has the . . . when the initial development application was made, the public had an op-portunity to opine and give their views on the applic ation, but Members of this legislature who represent thousands of our citizens who may not necessarily live in Riddell’s Bay or in the proximity of Riddell’s Bay have also had the opportunity to as a part of this Le gislature have their say in bringing those issues to the table. So, I congratulate every Member who has had the opportunity and taken it to do so, in the spirit of how we wish for SDOs and how they have, certainly for the last 10 years, been devised to operate. I will now forthwith answer many of the questions that were posed by different Members. And there was a question or a point raised by a Member about wanting to be comfortable when taking their children or grandchildren or those close to them through areas such as Riddell’s Bay that might have had certain r estrictions in the past, and want to feel comfortable that they can take those persons close to them or invite others to be a part of enjoying and experiencing pro perties that may have been exclusive in the past. I agree, and that is why this SDO seeks to create a space which will have publi c access. And I will a ddress the issue on the question of public access later in greater description, because that seems to have been a hallmark of many of the presentations that we heard today. Mr. Speaker, there was a question about whether the conditions in the SDO around conserv ation are robust enough. And I guess I am sort of sy nthesising or summarising the point. Just to deal with that issue, the SDO sets out specific conditions for the implementation of the conservation management plan and the maintenance thereafter. The planning Act as well includes enforcement ability to enforce any breach of the planning conditions, and the conserv ation management plan is specifically referenced in the SDO. So, I would hope that Members, if they have not had an opportunity will go back and read from cover to cover the SDO, and they will see the references to the conservation management plan. So, it does not sit outside of the SDO —it is embedded in the SDO. So, it is a part of the conditions of the SDO. It has to be followed. It has to be the guide upon which any conser-vation and maintenance is followed, and if it is not actually followed, the Planning Department can bring enforcement action if there were a breach of any of the conditions. So, I hope that is clear to everyone. There was a [question] raised about the value of the overseas petition, and how perhaps it was not valued by certain representations made around its development. Well, I will say this: I mean, petitions, of course, have their place. And they are a way of people showing and expressing their views on a matter. But the value of the position is most importantly supported by the integrity and the ability to verify those persons who have signed it, Mr. Speaker. So, I must say that when you have a petiti on that has persons like Santa Claus, Justin Trudeau, Donald Trump, and Vladimir Putin that allegedly have signed it, or I can even speak to one more close situation where som eone made representations to me that their name appeared on the petition and they had not signed it! Somehow, their name appeared on the petition. That often brings less value to such an effort if the integrity or verification of those on it cannot be at tached in some way that supports the effort that is being put [forward]. So, I thi nk that is a part of the is sue. You know, petitions are valuable when the people who are attached to it or put their name to it have some proximity, they have some standing in the issue and can be verified. I now move on to another point that sugges ted there will be lack or there has been lack of env ironmental oversight through this process. And I am referencing a point made by the Member who sits for constituency 20, the Honourable Member. Well, there is an environmental impact statement that has 273 pages , so this particular development has been the subject of the highest level of environmental scrutiny of a standard of which is international. Not just local, but environmental impact assessments are a part of an international practice that this Government and this community requires on such types of development. So, you have a 273- page environmental impact statement which is a part of this development. So, this has been heavily scrutinised, this has been given substantial oversight not only by whoever did t he env ironmental impact statement, but also by environmental groups who were pre -consulted. So, there has been a great deal of environmental scrutiny, so I reject that particular suggestion. Now, I will move on, Mr. Speaker, to some other points which I need to make sure I address. There has been the very important point made, and I 4476 17 July 2020 Official Hansard Report
Bermuda House of Assembly do not take this point lightly made by a number of Members, Mr. Speaker. It is about the issue of the embedding in the SDO the condition of the public access. It was a point that rang like a very well -knitted thread through the submissions by the Opposition, in particular. So, there is no way I can ignore it —
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Point of order.
Hon. Walter H. Roban: —and I respect the need to which to give an answer to that, and I believe it is an important point to raise.
The SpeakerThe SpeakerMinister? Did someone ask for a point of order? Hon. Patricia J. Gordon -Pamplin: Yes, sir.
The SpeakerThe SpeakerMinister, just yield for a minute. POINT OF OR DER Hon. Patricia J. Gordon -Pamplin: Thank you. I think perhaps inadvertently, but I think the fact that the i ssue of embedding the public access in the SDO was a common theme among the Opposition, I think it is i …
Minister, just yield for a minute.
POINT OF OR DER
Hon. Patricia J. Gordon -Pamplin: Thank you. I think perhaps inadvertently, but I think the fact that the i ssue of embedding the public access in the SDO was a common theme among the Opposition, I think it is i mportant for him to highlight that some of his Members also expressed that very same thought and concern. I just wanted to make sure that it was not seen to be a one-sided Opposition- only observation.
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Mr. Speaker, may I continue?
The SpeakerThe SpeakerYes. Hon. Walter H. Roban: Yes, well, perhaps the Member missed, because the Honourable Member was quick to come on her feet that I said in particular the Opposition. So, I was acknowledging that it was not exclusively , but I said in particular . So, clearly my comment was …
Yes.
Hon. Walter H. Roban: Yes, well, perhaps the Member missed, because the Honourable Member was quick to come on her feet that I said in particular the Opposition. So, I was acknowledging that it was not exclusively , but I said in particular . So, clearly my comment was just focusing that it was a major point that they made in particular. But it was clearly made by others. I have not ignored that and my point highlighted that. So, I will continue. Perhaps, the Honourable Member missed that in my presentation. But we have taken legal advice on this because we understand that it is an important point of consideration, and the public may actually also find it of importance, and we did take legal advice, and it is to be understood that this SDO speaks solely to pla nning permission in principle and subdivision planning permission and the conditions attached to that. The SDO is a planning tool. It is a feature of the Develo pment and Planning Act. And this is an actual SDO on a private holding. And if I can just contrast, Mr. Speaker, if this were a public holding, then we could write the condition in, if it were, for example like the St. Regis devel-opment which is a subject of a public holding of land. So, you can write [the condition] because it is a public holding, and as we know, the issue of public access has been of great interest in that, and so, you know, it is possible for the Government because they are in that case dealing with a public holding to write a condition of public access. This is a private holding. But as I said, this is not an issue of which we are ignoring, Mr. Speaker. And as I have stated, we have assurances from the developer of their commitment to public access, Mr. Speaker, and in fact, and I am happy to have this tabled in the House, Mr. Speaker, a written commitment from the developer and the investment of property to that. In fact, I hold it up so it can be clearly seen by Members.
The SpeakerThe SpeakerWould you like to have that tabled so it is part of the record? Hon. Walter H. Roban: Yes, yes , Mr. Speaker, I am doing this with the intention of tabling, and I can have it sent to your staff by electronic methods so that it can be available …
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Okay. But Mr. Speaker, we are going to go further, and we have agreement to go further, and the legal counsel which I ably rely on has advised me we will go further. We have a MOU intention to draft and gain the commitment …
Thank you.
Hon. Walter H. Roban: Okay. But Mr. Speaker, we are going to go further, and we have agreement to go further, and the legal counsel which I ably rely on has advised me we will go further. We have a MOU intention to draft and gain the commitment through a Memorandum of Understanding to this public access. So, Mr. Sp eaker, we will go far to ensure that this will be a part of this development in the future.
The SpeakerThe SpeakerDo you have a point of clarification? Go ahead.
Mr. N. H. Cole SimonsYes, Mr. Speaker. Hon. Walter H. Roban: Okay, Mr. Speaker, do I have to say I will take it, or do I just automatically, it has to be taken?
The SpeakerThe SpeakerWell, a point of clarification . . . You have to yield on a point — [Crosstalk]
The SpeakerThe SpeakerYou have to yield for t he point of order to be taken. Bermuda House of Assembly Hon. Walter H. Roban: Okay, but I did not agree to yield— [Crosstalk] Hon. Walter H. Roban: —but I will yield.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. I understand what the Min ister said in regard to it being public and private, and the public will enable him to imbed the access into the legislation. But he has just presented evidence to say that the access is available to the public. He also …
Thank you, Mr. Speaker. I understand what the Min ister said in regard to it being public and private, and the public will enable him to imbed the access into the legislation. But he has just presented evidence to say that the access is available to the public. He also has evidence which said that the owners have no problem with putting [it] in the SDO. So even though it is private, he has the owners’ agreement to imbed it into the SDO, so why can’t he just do it?
The SpeakerThe SpeakerMinister. Hon. Walter H. Roban: Mr. Speaker, I have already spoken to that. R egarding the concern that the SDO does not stipulate public access, to be clear the SDO is a form of Planning permission and only for the purposes about granting Planning permission. It is out of the …
Minister.
Hon. Walter H. Roban: Mr. Speaker, I have already spoken to that. R egarding the concern that the SDO does not stipulate public access, to be clear the SDO is a form of Planning permission and only for the purposes about granting Planning permission. It is out of the scope of the SDO. The public access to the nature reser ve areas is not a matter to be covered by the SDO. It is out of the scope of the SDO. Access is not a Planning mat-ter. The SDO’s scope is to Planning matters only, which is why we are going to supplement that with what I have suggested. We have the written commi tments of the developer and we, the Government, will enter into an MOU of which the developer has agreed. Now, even if the developer wants to put it into the SDO, Mr. Speaker, it is not their SDO. It is a tool of the legislative authority of the Gov ernment. It is the Government’s document. It is a tool of the legislature. It is not the tool of the developers. Developers do not write SDOs. It is a tool of the Government. So, based on the legal advice we have from our own attorneys, this is the way we are going. We respect the intention in that the developer was fully willing to do so, but that will be out of the scope of this document as it relates to private matters. So I think I have answered that clearly. I have repeated my answer and I will now go on to answering the rest of the questions if you do not mind, Mr. Speaker.
The SpeakerThe SpeakerContinue. Hon. Walter H. Roban: Mr. Speaker, in reference to objections and the petition, references continue to be made of the number of individuals who signed . . . oh, I think I have already answered about the petitions. So I will go on, Mr. Speaker. Mr. Speaker, contrary to …
Continue.
Hon. Walter H. Roban: Mr. Speaker, in reference to objections and the petition, references continue to be made of the number of individuals who signed . . . oh, I think I have already answered about the petitions. So I will go on, Mr. Speaker. Mr. Speaker, contrary to popular opinion or what some may think is popular opinion, not all of the residents of the Riddell’s Bay area object to this pr oposal. I would like to take this opportunity, Mr. Speaker, to mention a few interesting comments that have been submitted to Planning which are on the subdiv ision application record. At least two letters were received in support of this development from persons resident in the area of Riddell’s Bay. And I will just read some of what those letters said so it can be clear that this was substantive support and genuine in its effort. One letter said, Mr. Speaker, (and I will quote) “As a resident of many years at the form er golf course Riddell’s Bay, I am writing to convey my wholehearted support of the plans [which] Castile Holdings has for the land. Since purchasing the land, they have been extremely caring and proactive and considerate of t he residents.” And I will go on to quote further in the same letter. “Castile Holdings have always considered the environment to be of the utmost importance and I for one suppor t their plans wholeheartedly.” That is just one letter of endorsement from a resident of the area known as R iddell’s Bay. And I will go on further. I have another one, Mr. Speaker, I would like to read, because I think it is important to let the record show that whoever the objectors were, they did not necessarily wholly represent all of the existing residents of Riddell’s Bay. However [many] efforts they made to reflect that, that is not the truth. And I think it is important that the public know this. And I might say that these letters are on public record. They are in the file; anybody can go and look at the m. I am not reading anything that is . . . like u nderhanded or undercover, that is secret and just, you know, [ AUDIO SKIP] to me or to the official record itself. Now, this other submission says this, Mr.
SpeakerThe Speaker“As residents of Riddell’s Bay we are wri ting in support of the proposal plan by Castile Holdings.” And that is quote, Mr. Speaker, and I will go further. “The majority of residents of the area are in favour of the plan.” That is in this particular submission, Mr. Speaker. …
“As residents of Riddell’s Bay we are wri ting in support of the proposal plan by Castile Holdings.” And that is quote, Mr. Speaker, and I will go further. “The majority of residents of the area are in favour of the plan.” That is in this particular submission, Mr. Speaker. “The vocal minority,” —and this is a quote from the letter; these are not my words. “The vocal minority is living in the past with continued sour grapes due to the closure of the golf course.” And I will go on, Mr. Speaker. “The proposed development is minimal, environmentally so und, and has clearly been planned with limited impact to those of us already living in the area.” Those submissions of persons supporting the development, which are a part of the record, are there for all to see, Mr. Speaker. Now, I will go on further to answer a number of other questions I think might have arisen. I may have answered most, if not all, of them, Mr. Speaker. 4478 17 July 2020 Official Hansard Report
Bermuda House of Assembly Ah, yes, there was one about interest in purchasing. The answer to that is Castile Holdings already ident ified at least . . . oh, yes. Let me just be more clear, Mr. Speaker. I know that there was some question that some Members had about whether in this economic climate, due to the already substantial surplus of lux ury properties available for sale in Bermuda that perhaps in the long term this development may not see the light of day . . . (I am just paraphrasing, essentia lly) showing some scepticism on the possibility of this being a successful development and that there is an appetite for the purchase of any of these 18 lots of which are proposed. Well, Mr. Speaker, my own discussion with Castile Holdings on this point, because it is a point that I certainly am concerned about, was this: They had made it clear that there is already significant i nterest in their proposed development. In fact, they have had communications with a number of family offices and others interested in purchases. And a lready identified are at least a handful of purchasers who are waiting for the SDO to be approved. And I can also say, let me just put aside, you know, that might be . . . let’s just say for argument’s sake, Mr. Speaker, that is the developer blowing their own horn, trying to just sell their own snake oil, or just, you know, push a pig in a poke, or sell a brick to somebody and make it look like it is real attractive. Let’s just say for argument’s sake, Mr. Speaker, that [this argument is actually true]. Let’s just say for the sake of argument. But I also have further verification from my own Planning team, who are independent of the d evelopers and the investors in the property. And they have informed me that architects and agents have already approached Planning and indicated they are waiting for the SDO to go through so that they can submit Planning applications around those lots. So as you can see, Mr. Speaker, the interest is there, the appetite is there, and potential sales are there around this property. So the buzz seems to be very loud around the possibilities of where this property and where this development can go. I think that is exciting new s. I think it is good news for Bermuda. It is good news that there are peo-ple inside and outside Bermuda who are interested in investing in this country and have confidence in our Bermuda. I say “our Bermuda,” Mr. Speaker, that even in this pandemic condit ion there are people still popping up ready to invest and bring about some level of development which is going to contribute not only the $75- plus million which will contribute to a signif icant . . . and I would argue against that the trust that is set up to ensure that the maintenance [is taken care of] is not a significant portion of this, and the ongoing economic activity that will be attached with that development and the ongoing maintenance and support of even the conservation land. One of the wonderful things I think that we cannot [attach] a dollar value to, Mr. Speaker, is, one, this is land that (as the record shows) for the past 100 years has been exclusive. It has not been open to the general public in any way. And there is now an opportunity to give more access to the public. And I just reflect on another SDO, as my hi story of SDOs seem to have been the subject of some attention, that 10 years ago, unlike another develo pment that was clearly the subject of some contention, also brought about the s ecuring under Government care and control 40- plus acres of reserve, which now the Government takes care of and is there for the public to have access to and for over 100 years had not had access to. So my point in concluding that submission, Mr. Speaker, is that SDOs can be used for the public good. Maybe in some far -off past when they were used, they may not have been [for the public good] in all cases. But certainly the intention of this SDO, Mr. Speaker, is to bring about greater public good at the end of the day, at the conclusion of the process. And certainly we will hold the developer accountable. The members of the Government team in Planning and Conservation Services who will oversee the ongoing maintenance of the conservation areas will ensure acco untability. And I am sure that all of the other i nterests in this, such as the environmental groups who essentially committed their support to it, will also be watching. So this is not just going to be exclusive to the Government. We also have the conservation interest in the country which is certainly not, I would say, connected with the Government, who will also be watching because they will want to ensure that the goodwill that they gave to this project is fulfilled. So I think there is going to be a lot of attention to these points —public access, conservation and protection, proper management. These are all seminal elements of this pr oposal. I congratulate the developer for partnering up and making the commitment. I also congratulate all those environmental groups who clearly would have put strong advice to the developer which was taken and they, as champions of the environment, were a part of the value to this. I, again, congratulate the Planning team and all who have worked on this who made sure that t his SDO was representative of all that it is supposed to represent as a Planning gain for the country, as a conservation gain, as a development gain—that is three gains for this country. And that g oing forward, we will all make sure this happens. Certainly as Minister, I thank those Members who gave acknowledgement to my commitment to the environment. I do not want to be a part of any Government that does not have the spirit of those el ements to it because I believe that we must protect our land at the same time balancing that with our economic development and opportunity. And I am tending to
Bermuda House of Assembly want to lean on the side of land protection, because if we protect the land, it is there for the future opportun ities and for enjoyment and care and also health that our country needs to have in the future. So with that, Mr. Speaker, I will conclude my comments and I will move that the said draft Order be approved and that a suitable message be sent to His Excellency, the Governor.
The SpeakerThe SpeakerAre there any objections to the draft Order being approved and the said message being sent? No objections. The said Order has been approved and a suitable message will be sent to the Governor. That will now bring us to a close of that matter. [Motion carried: The Riddell’s Ba …
The SpeakerThe SpeakerWe will now move on to the third order for today’s business, which is the s econd reading of the Ministers and Members of the Legislature ( Salaries and Pensions) Amendment Act 2020 in the name of the Minister of Finance. Minister. BILL SECOND READING MINISTERS AND MEMBERS OF THE …
We will now move on to the third order for today’s business, which is the s econd reading of the Ministers and Members of the Legislature ( Salaries and Pensions) Amendment Act 2020 in the name of the Minister of Finance. Minister.
BILL
SECOND READING
MINISTERS AND MEMBERS OF THE LEGISLATURE ( SALARIES AND PENSIONS) AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitle d Ministers and Members of the Legislature ( Salaries and Pensions) Amendment Act 2020 be now read a second time. The Speaker: Are there any objections to that? There are none. Minister, continue. Hon. Curtis L. Dickinson: Mr. Speaker, I rise to i ntroduce into the legislature the Bill entitled Ministers and Members of the Legislature ( Salaries and Pensions) Amendment Act 2020. Mr. Speaker, the Mini sters and Members of the Legislature Pension Fund (MMLPF) was established on April 1, 1988 by the Ministers and Members of the Legislature (Salaries and Pensions) Act 1975 . The purpose of the fund is to provide retirement pension for the Ministers, Members and officers of the Legislature of Bermuda in accor dance with the Act. The fund is administered by the Accountant General’s department. Honourable Members should note that when the Ministers and Members of the Legislature Pension Fund was established in 1975, there was no separate fund established. Contributions were paid into and benefits were paid from the Consolidated Fund of the government. On April 1, 1998, the MMLPF was established, and from that date contributions were paid into and benefits have been paid from this fund. Mr. Speaker, the provisions of the fund are as follows: • Ministers and Members contribute 12.5 per cent of salary. Government matches these contributions. • If a Member termi nates before accruing eight years of service, he or she receives a refund of his or her contributions plus interest at 6 per cent per annum. • The rate of pension earned is 3.6 per cent of salary for each year of service and in calculat-ing a pension not mor e than 25 years of service may be counted. • When a Member has more than 25 years, the service in higher office is counted first. Honourable Members will recall that during the sitting on the 5 th of June 2020, in this Honourable House, as part of a cost -cutting measure, the resol ution under the Ministers and Members of the Legisl ature ( Salaries and Pensions) Act 1975 was passed. The purpose of the resolution was to temporarily r educe salaries of all Members and non- ministerial o fficers by 12.5 per cent. In addition, the resolution temporarily reduced the ministerial portion of Member’s salaries by 15 per cent. The reduction took effect on July 1, 2020, and ends on June 30, 2021, a period of one year. Mr. Speaker, in conjunction with the abovementioned salar y reductions, Ministers and Members contributions to the Ministers and Members of the Legislature Pension Fund was suspended along with the matching government contribution. The suspe nsion of pension contributions also took effect on J uly 1, 2020, and will also last for a period of one year. During the cessation period, a Member will lose one year of pensionable service. The cost -saving pr oposals were as follows: • Ministers and Members will take a temporary pay reduction . • For the period that their pay is reduced, they will not make contributions to the MMLPF • Government would suspend making its matc hing contributions to the MMLPF. • Pensionable service would not accrue for this period. Mr. Speaker, the projected cost -savings from these reductions are $500,000 in relation to the MMLPF contribution cessation, and $480,000 in rel ation to the salary reduction. In addition, during the June 5 th sitting, it was noted that later in this legislative session the Act would be amended to allow the Mini ster or Member to elec t to make voluntary contributions to the MMLPF during the suspension period, or buy back the year that is being lost in pensionable service. 4480 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Bill currently before this Honourable House gives effect to this proposal and provides for, amongst other thing s, the following: It allows a Member to make an election to make voluntary contributions and requires an election to be made to the Accountant General if a Member elects to continue contributing to the fund. Mr. Speaker, this amendment also [ INAUDIBLE] upon the death of a serving Member. The MMLPF already provides a widow’s pension and a child’s pension if a Member dies before retiring. Ho wever, to provide further security to financial indepen dence if a Member dies, it is proposed to amend the Act to create a death benefit for Members in line with the basic benefit of public officers outlined in the Public Service Superannuation Act 1981 , [PSSA] sections 47 through 51. The PSSA provides for a capital sum payable upon death. For cont ributors to the Public Service Superannuation Fund who die while in the service of the government, benefits are available to contributors employed for a continuous period of not less than one year at the date of death. The sum pa yable is equivalent to one year of the contributor’s base salary. Mr. Speaker, to meet this policy objective the Act will be amended to provide for a capital sum to be payable on the death of a serving Member. The amended Act will add provisions similar to the capital sum, the PSSA. The death benefit will provide a lump sum payment to a Member’s nominee equivalent to a one-year’s basic salary. Each Member will be required to nominate in writing the person or persons to whom the benefit will be paid. Mr. Speaker, I can also confirm th at the actuary has considered this benefit and can advise that there will be very little financial impact, if any, on the fund by adding the capital sum benefit. Mr. Speaker, as at March 31, 2020, the fund had net assets of over $10.8 million, representing a pproximately 6.6 times the annual value of pensions paid in the 2019/20 fiscal year. The effect, Mr. Speaker, is that if the MMLPF received no further contribu-tions it could still continue to pay out pensions at the prevailing rate for almost seven year s. The last act uary report for the MMLPF was for the period March 2017 and has already been tabled in this Honourable House. Honourable Members are advised that the next actuary review for the MMLPF is scheduled for the period ending March 31, 2020. With those brief comments, Mr. Speaker, I now read for the second time the Bill entitled the Ministers and Members of the Legislature ( Salaries and Pensions) Amendment Act 2020 . Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak to this matter? Hon. Patricia J. Gordon -Pamplin: Yes, please, Mr. Speaker, It is MP Gordon- Pamplin. The Speaker: I recognise the Honourable Member MP Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. …
Thank you, Minister. Does any other Member wish to speak to this matter?
Hon. Patricia J. Gordon -Pamplin: Yes, please, Mr. Speaker, It is MP Gordon- Pamplin. The Speaker: I recognise the Honourable Member MP Gordon- Pamplin. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the intent of this Act has been told by the Finance Minister over the last little while, he is just enshrining now . . . we are actually receiving now the legislation in relation to the intent that he has already expressed. This is ef fectively giving rise to what I call our make- believe pay reduction. Because what it says is that we have actually taken a reduction in salary in order for the Government to try to meet some of its savings within the budget, but in order for Members to not take home any less pay then they were taking before the reduction in the gross amount of salary, there has been a suspension of the pa yments, the permission to suspend contributions to pensions so that the net amount of money is not i mpacted. I believe that the Minister has indicated several times that the more money that exists to be able to circulate in the economy the better. So this literally is giving rise to what he has already said. I believe that the Minister in his comments just now has paid respect to my position that I have held for a long time, that pensions is not an area that we should mess around with. But the Minister had indicated that notwithstanding that Members who wish to will have the ability to effectively buy back their year by ma king voluntary contributions. I do not know the extent to which Members of the Legislature will find themselves in a situation of being able to [do that], but I would suggest that if there is any possibility that they do not need to have access to the liquid funds that they would be saving by not contributing, it is probably better to contribute. I think that the ultimate impact, even though there is a set formula that is put in place for the calc ulation of the final pensions that people will get upon retirement from the Legislature, I am always mindful that any changing of the equation could negatively impact what an individual will ultimately get. But very clearly, with the idea of being able to buy back part of that lost time the formula will probably be able to ensure that there is no negative impact to what a Member will be able to receive as a pension upon their r etirement. Notwithstanding what I think about it, I think that when we are in a situation where we have to go down a dangerous slope of fid dling with pensions, it is always a bad thing from my perspective. However, with that said, I am also mindful of the straitened ci rcumstances in which we find ourselves as a country, given some of the extenuating circumstances relating to COVID. And our fi nancial situation, as we mentioned this morning, has been exacerbated by not just the lack of funding that the government has, we now have to go back to borrow more money in order to
Bermuda House of Assembly keep things going. But, more importantly, the negative, or the lack of st imulation of the economy prior to COVID has really put the Government up against the ropes. This is probably one of the reasons why we are finding ourselves in the position that we have now. We started to talk about the new input of a benefit, in terms of a benefit to a widow and dependent child upon the death of a serving Member. Clearly, that is very positive. It is something that is line with the PSSA, and I do not think we have an objection to it. I just wanted to support the legislation, albeit, I am uncomfortable with fiddling with pensions. I think that when we say to the public that we have taken a pay cut, it is, as I said, our make- believe pay reduction. But under the circumstances I believe the Mini ster is trying to do the best he can with the little he has. And I believe that he has actually, up until this point in time, already squeezed every ounce of blood out of the stone. I do not think he can get any more. It is a little bit comforting to know that there is a 6.6 times annual value of pensions paid in [2020] in terms of $10.8 million being in the funds, and that even though the actuarial assessment, the last one that was done in March of 2017, it would seem that the 2020 actuarial assessment will be forthcoming relatively soon and we will be able to have a determ ination as to what the value of the fund is and what the actuaries determine is the extrapolated period of time for which these funds will be able to be paid. So, given those few comments, and this is the seven years, approximatel y, that I referred to, the 6.6 years of annual value of pensions paid is in relation to. If there is no further infusion of funds into this account for the next seven years, then the fund will still be able to be sustained. It is my fervent belief that dur ing that period of time, even though this order is in place for a period of one calendar . . . or one sort of one year, from July 1, 2020, to June 30, 2021, then I believe that we will at some point in [the future] be able to make up––it is the hope, my fervent desire ––to see that there will be some kind of economic growth that the measures that are being put in place now will not have to be repeated. So with those few comments, Mr. Speaker, I support the legislation that is being advanced here today by t he Minister. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member. Is there any other Honourable Member who would like to speak to this? No other Honourable Member. Minister, would you like to close up? Hon. Curtis L. Dickinson: Yes, Mr. Speaker . I would like to thank the Honourable Member for her contribution. Over the course …
Thank you, Honourable Member. Is there any other Honourable Member who would like to speak to this? No other Honourable Member. Minister, would you like to close up? Hon. Curtis L. Dickinson: Yes, Mr. Speaker . I would like to thank the Honourable Member for her contribution. Over the course of the last several weeks I have brought before this Honourable House several pieces of legislation to make amendments to our pe n-sion regime as a way of providing relief to our citizens. I have for the most part, Mr. Speaker, ignored the ref-erences to the pay cut that is not a pay cut. And this time I am not going to do that. I am going to tackle the bull by the horns and address what I would say is a somewhat misleading c haracterisation of what it is we are trying to do. Mr. Speaker, during my brief I mentioned that the Government would be, in the case of this legisl ation, saving close to $1 million in cost as a result of the suspension of contributions to the pension fund and Members taking a reduction in their benefits, which is equivalent, in my mind, and most people’s minds, to their pay. Now, I get that sophisticated people, like myself and my colleague opposite, make a distinction between pay and compensation. But for all intents and purposes they are one and the same. So we are seeing in this case people will give up a benefit in support of the Government’s initiative to reduce costs, and so I see that as a savings. And I am sure that those persons who are not getting the benefit of those contributions for the course of this year would also see it as something they are giving up to the Government. With those closing remarks, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy Sp eaker, would you like to take us into Committee? Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. House in Committee at 6:0 0 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL MINISTERS AND MEMBERS OF THE LEGISLA TURE ( SALARIES AND PENSIONS) AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Ministers …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Ministers and Members of the Legislature (Salaries and Pensions) Act 1975 to make provision for a Senator or Member of the House of Assembly to elect to make voluntary contributions during the period 1 July 2020 to 30 June 2021 and to 4482 17 July 2020 Official Hansard Report
Bermuda House of Assembly provide for a capital sum payable on the death of a serving Member. Mr. Chairman, I move that clauses 1 through 4 be moved.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 amends section 10 of the principal Act, to clarify that years of service will only be counted for the purposes of the qualifying conditions for eligibility for a pension if the Member has contributed to the …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 amends section 10 of the principal Act, to clarify that years of service will only be counted for the purposes of the qualifying conditions for eligibility for a pension if the Member has contributed to the fund throughout that period. Clause 3 amends section 11 of the principal Act, to clarify that years of service will only be counted for the purposes of cal culating a Member’s pension if the Member has contributed to the fund throughout that period. Clause 4 inserts a new section 15AA into the principal Act. Subsection (1) allows a Member to elect to make voluntary contributions, notwithstanding that both Houses of the Legislature approved a resolution for the purposes of section 15A specifying that contr ibutions toward the cost of pensions payable under this Part shall be 0.0 per cent of salary during the suspension period. Subsection (2) requires an election to be made in writing to the Accountant General on or before 31 July 2020. Subsection (3) provides that a Member may either continue to contribute to the fund in monthly instalments at a rate of 12.5 per cent of his salary during the suspension period, or make up those contributions by lump sum payments by 30 June 2022. Subsection (4) provides that if a M ember makes payments in accordance with subsection (3)(a) or (3)(b) for the suspension period, that period shall be counted towards his years of service or contribution (as applicable) for the purposes of sections 10(3) (eligibility for pension), 10A (deferred pension) and 11(5) (calculation of pension). Subsection (5) makes provision for refund of voluntary payments in certain circumstances, and subsection (6) clarifies that section 15C(1) (Government’s contribution) does not apply to payments made under new section 15AA.
The ChairmanChairmanAny further speakers on clauses 1 through 4? Hon. Patricia J. Gordon -Pamplin: Mr. Chairman.
The ChairmanChairmanThe Chair recognises the Honourable Member Pat Gordon- Pamplin. Ms. Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I just have one quick question. It is under clause 4, this would be on page [2] of the Bill, clause 4, [new …
The Chair recognises the Honourable Member Pat Gordon- Pamplin. Ms. Gordon- Pamplin, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I just have one quick question. It is under clause 4, this would be on page [2] of the Bill, clause 4, [new section 15AA](2), that a Member would have to make [such election] to the Accountant General on or before the 31 st of July 2020. We are now halfway through the month of July and Members may not have the opportunity to make the determination [INAUDIBLE ] they wish or whether they are in position to be able to make the selection to contribute voluntarily. So I am just wondering whether the date of July 31, 2020, could not be extended for 15 days. If the Minister could consider that, it would gi ve Members an opportunity to evaluate their financial position.
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Mr. Chairman, my understanding is that the officers of the Legislature have been in touch with Members with respect to their elections and that this process started at some point either late last week or early this week. I know that . . . I …
Minister.
Hon. Curtis L. Dickinson: Mr. Chairman, my understanding is that the officers of the Legislature have been in touch with Members with respect to their elections and that this process started at some point either late last week or early this week. I know that . . . I see the Member shaking her head. I know that I have been contacted and actually have been chased, in fact, by the office of the Legislature to get my elec tion form back in. I will take the request under advisement and revert.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman, to verify, if I may.
The ChairmanChairmanYes, you may. Hon. Patricia J. Gordon -Pamplin: I thank the Mini ster for that. They are probably chasing people who make real money. The rest of us don’t. As a result, I have not received such word from them. I am not sure about colleagues. Hon. Curtis L. Dickinson: …
Yes, you may. Hon. Patricia J. Gordon -Pamplin: I thank the Mini ster for that. They are probably chasing people who make real money. The rest of us don’t. As a result, I have not received such word from them. I am not sure about colleagues. Hon. Curtis L. Dickinson: That is probably why, because you have got a lot of money.
[Laughter] Hon. Patricia J. Gordon -Pamplin: No.
The ChairmanChairmanAny further speakers? [Laughter ]
The ChairmanChairmanNo further speakers. Minister, you want to move clauses 1 through 4? Hon. Curtis L. Dickinson: Mr. Chairman, I that m ove clauses 1 through 4 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are there any objections to that? There appear to be none. Bermuda House of Assembly Clauses 1 through 4 are approved. [Motion carried: Clauses 1 through 4 passed.] Hon. Cu rtis L. Dickinson: Mr. Chairman, I would like to …
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 5 inserts a new Part IV into the principal Act (new sections 15E to 15H) to provide for a capital sum payable on the death of a serving Member. This is modelled on Part VIII of the Public Service Superannuation Act 1981 , …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 5 inserts a new Part IV into the principal Act (new sections 15E to 15H) to provide for a capital sum payable on the death of a serving Member. This is modelled on Part VIII of the Public Service Superannuation Act 1981 , which provides a similar benefit on the death of a serving public officer. Section 15E(1) provides that Part IV applies if th e Member has been a Member for a continuous period of not less than one year. Section 15F allows a M ember to nominate, in writing to the A ccountant General, the person or persons to whom or for whose benefit the payment may be made after the Member's death. Section 15G provides for the capital sum to be paid to the nominees, or to the estate representative in the absence of nominees, or the Member in the amount of one year’s basic salary as a Senator or Member of the House of Assembly. Section 15H provides that any payment made under the new Part is in addition to any other benefits payable under the principal Act. Clause 6 provides for commencement.
The ChairmanChairmanAre there any further speakers? Hon. Patricia J. Gordon -Pamplin: No comments on these [clauses ].
The ChairmanChairmanOkay. No further speakers. Minister, do you want to move — Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 5 and 6 be approved.
The ChairmanChairmanIt has been moved that clauses 5 and 6 be approved. Are there any objections to that? There appear to be none. Clauses 5 and 6 are approved. [Motion carried: Clauses 5 and 6 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there a ny objections to that? There appear to be none. The preamble is 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 Dickinson. [Motion carried: The Ministers and Members of the Legislature (Salaries and …
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 Dickinson.
[Motion carried: The Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6:09 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
MINISTERS AND MEMBERS OF THE LEGISLATURE (SALARIES AND PENSIONS) AMENDMENT ACT 20 20
The SpeakerThe SpeakerThank you, Deputy Speaker. Members, the Bill entitled the Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 has now been reported to the House as printed. Are there any objections to that? No objections. The Bill has been reported. We will now move on to the …
Thank you, Deputy Speaker. Members, the Bill entitled the Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 has now been reported to the House as printed. Are there any objections to that? No objections. The Bill has been reported. We will now move on to the next item on the Orders of the Day which is the second reading of the Public Service Superannuation Temporary Amendment Act 2020 in the name of the Minister of Finance. Minister, would you like to present your matter? Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled Public Service Superannuation Temporary Amendment Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. BILL SECOND READING PUBLIC SERVICE SUPERANNUATION TEMPORARY AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment now wishes this Honourable House to give con4484 17 July 2020 Official Hansard Report Bermuda House of Assembly sideration to the …
Are there any objections to that? No objections. Continue, Minister.
BILL
SECOND READING
PUBLIC SERVICE SUPERANNUATION TEMPORARY AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker, the Gover nment now wishes this Honourable House to give con4484 17 July 2020 Official Hansard Report
Bermuda House of Assembly sideration to the Bill entitled the Public S ervice Superannuation Temporary Amendment Act 2020. Mr. Speaker, the Public Service Superannuation Fund [PSSF] was established on April 1, 1982 by the Public Service Superannuation Act 1981 and its subsequent amendments. Members will be aware that the purpose of the Public Service Superannuation Fund is to provide retirement pensions for retired employees of the Government of Bermuda and the employees of various quangos ( quasi -autonomous, nongovernmental organisations). The plan is a defined benefit plan and its general provisions are as follows: • Non- special group members contribute 8 per cent of the pay. • Special group members, for example, police officers, contribute 9.5 per cent of the pay. • Government matches these contributions. If an employee terminates employment in the first eight years, he or she receives a refund of his or her contributions plus interest at 4 per cent per annum. • Employees earn a pension based on earnings and years of service in the PSSF. • Employees are required to contribute to the PSSF every year that they are employed. • The pension earned each year is 1.5 per cent of their final earnings at retirement. • The maximum pension payable is 60 per cent of final earnings. Mr. Speaker, Honourable Members are aware that COVID -19 has had a significant impact on ec onomic activity and a severe knock -on effect on the 2020/21 budget. The combination of lower fiscal rev enues and higher public spending will cause the pr ojected budget deficit of $19.8 million to increase signi ficantly. Ministries have already identified savings in the following areas: • delayed the start of any capital projects that have not commenced; • instituting an immediate freeze on the funding of vacant posts that are not required to address COVID -19 or to protect Bermuda’s national interests; • continuing the ban on non- essential gover nment travel; and • reducing all discretionary spending including grants, consultancy, training, materials and supplies, clothing and uniforms, et cetera. Mr. Speaker, to reduce the deficit further other temporary payroll or government employee overhead savings have to be considered. Therefore, Gover nment has been in negotiations with unions to reduce the salaries of all public officers. Correspondingly, it is proposed to free ze employer contributions into the PSSF with no benefits accruing under the plan for a one-year period if employees opt to suspend their contributions for the year. This is a temporary meas-ure that will provide meaningful savings to the Go vernment and intended to provide public officers with the same level of take- home pay for public and un iformed officers who take advantage of the option to suspend contributions for a year. Honourable Members are advised that over a 12-month period the cost savings for t his proposal are approximately $28.8 million in relation to the PSSF contribution cessation and approximately $37 million in relation to the salary reduction. The proposal is as follows: • Employees will take a temporary reduction in their gross pay. For the period that their pay is reduced, they can opt to not make contributions to the PSSF. • Government will also not make contributions to the PSSF. • The employee will not accrue pensionable service in the PSSF for this period. Mr. Speaker, this Bill provides f or the temporary suspension of the Government’s contribution into the PSSF and a temporary suspension of a member’s contribution to the fund during the period 1 st of August 2020 to the 31st of July 2021; or, for teachers, the 1st of September 2020 to the 3 1st of August 2021. Mr. Speaker, I want to make it clear that the suspension of this year’s contribution does not make any pension provisions of a public officer less favourable than on the date that the person joined the service. Honourable Members are advised that section 91 of the Constitution provides that any amendment to the Act should not make any pension provision of a public officer less favourable than on the date that person joined the service. In addition, any special situations in which Government’s contributions are factored into the benefit from the fund have been addressed in the Bill. The Bill currently before this Honourable House also pr ovides for the following: • It provides various definitions. • It suspends the Government’s contribution. • It allows the contributor to elect not to make contributions to the fund during the suspension period. • It sets out the effects of a contributor not ma king contributions during the suspension per iod. • It allows the contributor to elect to repay the fund contributions during the suspension per iod within one year following the end of the suspension period. Mr. Speaker, Honourable Members will be aware the Government had previously started to address the problems associated with the PSSF. Based on actuarial a dvice, PSSF contribution rates were i ncreased during the period of 2006 to 2008, from 5 per cent to 8 per cent for regular members, and 9.5 per cent for uniformed officers. Mr. Speaker, this was part of the funding strategy to place the PSSF on a more
Bermuda House of Assembly stable financial footing and to attend to some longstanding PSSF -specific issues that have had a signif icant impact on the financial position of the PSSF. Mr. Speaker, to further improve the sustainability of the PSSF, in 2014 cost -of-living adjustment [COL A] increases were suspended for pensioners until such time as the sustainability of the PSSF had been improved. Honourable Members should note that there was no simple remedy to resolve the unfunded position of the PSSF. To assist with the comprehensive review of the PSSF, the Ministry of F inance plans to engage additional external resources to assist with the implementation of changes to the Public Service Superannuation Fund to enhance the long-term sustainability of the plan and the estimated associated cost to provide these services. Mr. Speaker, as of March 31, 2020, the assets of the fund totalled $559.9 million, roughly seven times more than the annual projected benefit payout of some $80.3 million in pensions for this fiscal year. Mr. Speaker, although the PSSF is fully backed by the Government, this fund’s balance provides further s ecurity of benefits. Mr. Speaker, the last actuarial report for the PSSF was completed as of March 31, 2017, and has already been tabled in this Honourable House. The next report is due for the period ending March 31, 2020. Mr. Speaker, it is important to note that the actuarial liabilities of the fund are based on the ben efits earned up to the valuation date assuming the fund continues indefinitely. Accordingly, the majority of these obligations are not due until extended periods into the future. Nevertheless, it is important that Government takes early actions to ensure that sufficient provisions are made to make future pension oblig ations. This is exactly what the Gov ernment did when contribution rates were increased in 2006 and the COLA provisions were suspended. With these comments, Mr. Speaker, I now read for the second time the Bill entitled the Public Service Superannuation Temporary Amendment Act 2020 and welcome comments from other Members. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to make a contribution on this matter. Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker, MP Gordon- Pamplin.
The SpeakerThe SpeakerI recognise the Member MP GordonPamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the premise and the context of this is not dissimilar to other things that we have di s-cussed. The Minister has indicated in his comments in terms of the …
I recognise the Member MP GordonPamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, the premise and the context of this is not dissimilar to other things that we have di s-cussed. The Minister has indicated in his comments in terms of the health of the fund as it exists; however, it will be shored up by the Government by the Consol idated Fund, I would imagine, if it should fall short. At the moment, it has seven times its annual requirement for . . . or seven ti mes the annual payout (at the m oment) with a fund of $559.9 million. And we will wait until the actuarial report of 2020 is tabled in the Honourable House. The Minister spoke to unfunded liabilities and over time the history in respect of how the rates hav e been increased in order to help stabilise the fund i tself. The PSSF covers the service and the Minister has effectively said that it is his intention to try to make savings for the Government and one method by which he wants to make savings . . . this is one vert ical (if I can put it that way) one avenue that the Mini ster has at his discretion which he has chosen to use. The question that I have is that in these i nstances there are unions involved that actually sup-port the rights and privileges of the mem bers of the public service. So I wonder if the Minister ––I did not hear him say specifically, he may have done so and I may have missed it ––that in respect of the union negotiations, it would seem to me that he would have given an indication that he has the agreement of the unions to implement this legislation that he is bringing today. So could he just confirm whether we have the agreement of all of the unions represented, all of the segments? You will recall, Mr. Speaker, a few weeks back one of the unions in particular had made some public comments to which the Deputy Speaker actua lly spoke on the motion to adjourn to question how ap-propriate it was for the public position to have been taken by that particular segment. So I am just curious whether the Mi nister has the acquiescence of the membership through their union negotiations. In the event that he does not have [this], if he has not been able to lock down all of the negotiations with the unions to be able to support the legislation that we are bringing, what further steps does the Mi nister see as being necessary in order to be able to achieve the savings that he is looking at which will be provided by the steps that are being taken under this particular legislation? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? None. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, in the work that we have been doing with respect to getting agreement on a wide range of cost savings, most of them around employee costs, the Government has been …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? None. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, in the work that we have been doing with respect to getting agreement on a wide range of cost savings, most of them around employee costs, the Government has been engaged with three public service unions as well as the three associations representing members of the uniform services. I can tell the Honourable House 4486 17 July 2020 Official Hansard Report
Bermuda House of Assembly that we have secured the agreements of the three public service unions. That will be the PBSU, the BIU, and BUT and we remain in dialogue with the associ ations representing the uniformed services. Inasmuch as we are not able to garner the support of those unions, we will have to examine other options for cos t savings. I am not at liberty at this point to give more details on what those options would i nclude.
The SpeakerThe SpeakerMinister, would you like to move us to Committee? Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. With those comments, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. House in Committee at 6:2 1 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PUBLIC SERVICE SUPERANNUATION TEMPORARY AMENDMEN T ACT 2020
The ChairmanChairmanHonourable Members, we are now in the Committee of the whole [House] for further consideration for the Bill entitled the Public Service S uperannuation Temporary Amendment Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Public Service Superannuation Act …
Honourable Members, we are now in the Committee of the whole [House] for further consideration for the Bill entitled the Public Service S uperannuation Temporary Amendment Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the Public Service Superannuation Act 1981 to provide for the temporary suspension of the Government’s contributions to the Public Service Superannuation Fund, and the optional temporary suspension of a contributor’s contributions to the fund, for the period 1 August 2020 to 31 July 2021 or, for teachers, 1 September 2020 to 31 August 2021. Mr. Chairman, I move claus es 1 through 10.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 provides definitions, and states that this Bill applies notwithstanding anything to the contr ary in the principal Act or in any contract or agreement. Clause 3 provides that nothing in section 13 of the principal Act …
Continue, Minister.
Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 provides definitions, and states that this Bill applies notwithstanding anything to the contr ary in the principal Act or in any contract or agreement. Clause 3 provides that nothing in section 13 of the principal Act shall be taken to require the Go vernment’s contributions to the fund to be made during the suspension period. Clause 4 deems the Government’s contributions to the fund to have b een made at the same time as a contributor’s contributions in certain special cases. Clause 5 allows a contributor to elect not to make contributions to the fund during the suspension period as would otherwise be required by section 12 of the principal Act . Clause 6 sets out the effects of a contributor not making contributions during the suspension per iod: in particular, the suspension period shall not be taken into account under the principal Act as pensionable service, as time in the service of Government for the purposes of section 33 (vesting after eight years), or in computing whether a contributor has contributed to the fund for a certain number of years, unless and until the contributor makes a repayment under clause 7. However, the suspension period shall not be taken to be an interruption in a contributor’s continuous contributions to the fund, and a contributor shall still be classed as a contributor even if not contributing during the suspension period. Clause 7 allows a contributor to elect to repay to the fund the amount of the monthly contributions that (but for his election under section 5) would have been deducted from his salary during the suspension period, provided the repayment is made within the period of one year following the end of the suspension period or, if sooner, before he ceases being employed in service of the Government. Clause 8 clarifies that any contributions made during the suspension period, or repayment of contr ibutions under section 7, shall be calculated on the basis of the contributor’s full salary, whether or not the contributor is for any reason (temporary reduction of salary or otherwise) receiving less than that salary at the time the contributions are made. Clause 9 modifies section 33 of the principal Act (rate of pension). Clause 10 amends section 59 of the principal Act (determination of length of service for judicial pen-sion) to clarify in paragraph (a) that, in determining the amount of pension, account shall be taken of the full period during which a contributor was the substantive holder of a judicial office and contributed to the fund, as already provided in paragraph (b).
The ChairmanChairmanThank you, Minister. [Are there] any further speakers? Hon. Patricia J. Gordon -Pamplin: We have no further comments on thi s Bill, Mr. Chairman.
The ChairmanChairmanYes, Honourable Member Gordon - Pamplin, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. Bermuda House of Assembly We have no further comments on any of these. We are satisfied that the Minister has explained . . . The Cha irman: Thank you, Member. Any further …
Yes, Honourable Member Gordon - Pamplin, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, sir.
Bermuda House of Assembly We have no further comments on any of these. We are satisfied that the Minister has explained . . .
The Cha irman: Thank you, Member. Any further speakers? There appear to be none. Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 10 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 10 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 10 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as prin ted. Thank you, Minister Dickinson. [Motion carried: The Public Service Superannuation Temporary Amendment 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 r eported to the House as prin ted. Thank you, Minister Dickinson. [Motion carried: The Public Service Superannuation Temporary Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6:28 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
PUBLIC SERVICE SUPERANNUATION TEMPORARY AMENDMENT ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, the Bill entitled the Public Service Superannuation Temporary Amendment Act 2020 has been reported to the House as printed. Are there any objections to that? No objections. The Bill has been reported. We will now move on to the next item on the Order for this …
Thank you, Deputy. Members, the Bill entitled the Public Service Superannuation Temporary Amendment Act 2020 has been reported to the House as printed. Are there any objections to that? No objections. The Bill has been reported. We will now move on to the next item on the Order for this afternoon [which is] the second reading of the National Pension Scheme (Occupational Pe nsions) Amendment (No. 2) Act 2020 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled National Pens ion Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. BILL SECOND READING NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to provide for the consideration of this Honourable House the Bill entitled the National Pension Scheme (Occupational Pensions) …
Are there any objections to that? No objections. Continue, Minister.
BILL
SECOND READING
NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to provide for the consideration of this Honourable House the Bill entitled the National Pension Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 . Mr. Speaker, Honourable Mem bers will be aware that the National Pension Scheme (Occupational Pensions) Act 1998 provides for the establis hment, administration and regulation of private sector occupational pension plans in Bermuda. The Act became fu lly operational on the 1 st of January 2000 and over the years a number of amendments to the Act and regulations have been introduced to provide for various matters. Honourable Members will be aware of the series of recent changes to the Act to provide fo r greater access by fund members to their pension funds as the result of increased financial hardships created by the COVID -19 pandemic. In particular, the national pension scheme legislation now provides prime members subject to satisfying certain criteri a with two additional types of refunds; namely, providing members up to a $12,000 refund for those under the age of 65 and who have not retired, and providing members up to a 25 per cent refund for those 65 or older and who have retired. Mr. Speaker, sinc e the commencement of the refund provisions on the 1 st of June 2020, as at the 1st of July, approximately $51.92 million in combined r efund applications have been approved. The break-down of these applications is as follows: • for the $12,000 refunds, total applications r eceived, 6,976; total number of applications approved so far, 4,382; and total value of applications approved, $49,443,629; 4488 17 July 2020 Official Hansard Report
Bermuda House of Assembly • for the 25 per cent refunds, total applications received, 97; total number approved, 79; total value of applications approved, $2,482,284. Mr. Speaker, COVID -19 has had a significant impact on [INAUDIBLE ] activity and social conditions in Bermuda. In addition to these pension refunds, Government swiftly introduced a number of relief measures such as the temporary unemploy ment benefit for employees laid off as a result of the pandemic allowing a temporary suspension of required pension contributions to further provide support to both employers and employees, to name a few. Mr. Speaker, both the Government and the Pension C ommission have increasingly received r equests by members of the public to be provided with relief from the current restrictions of the relevant pr ovisions of the principal Act which requires an applicant for refunds to either be retired or not retired for eligibil-ity purposes. Government recognises that, for exa mple, in a case of persons over the age of 65 many have to continue to work full or part time to support themselves and their family members during these challenging economic times. To this end, Government agrees that the main criteria for refunds should be whether or not the applicant meets the age requir ement for the respective refund, and not whether they are retired or not. This is the primary reason for the proposed amendments to the principal Ac t. Mr. Speaker, in addition, there are a number of changes to clarify the payment of the applicable annual administrative fees by both the pension plans and local retirement products and to reformat and clarify the stated applicable fees to be paid by a plan administrator, employer and the pension fund in the case of a multi -employer pension plan. There are also a number of other related consequential amendments. Mr. Speaker, I look forward to discussing the proposed provisions of the Bill with Honourab le Members. In closing, Mr. Speaker, I would like to thank all of those persons within the Pension Commission, the Attorney General’s Chambers and the Ministry of F inance who have assisted with the development of this Bill. Thank you, Mr. Speaker.
The Sp eaker: Thank you, Minister. Does any other Member wish to speak?
Hon. Patricia J. Gordon -Pamplin: Yes, thank you,
Mr. Speaker.
The SpeakerI recognise the Honourable Member Gordon- Pamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, this legislation is kind of déjà vu by the fact that it is putting into the principal Act the temporary amendments that have actually been made previously. We …
I recognise the Honourable Member Gordon- Pamplin. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, this legislation is kind of déjà vu by the fact that it is putting into the principal Act the temporary amendments that have actually been made previously. We actually had discussed the principles and the basics of this when w e looked at the temporary amendments that were made a little bit earlier around the COVID -19 emergency situation. So it is clear that people who have the ability to draw on their pensions ––[because of] COVID -19 perhaps by itself or even in other circumstances ––have taken advantage of the opportunity. The Minister indicated that we had 6,976 applications of which 4,382 have actually been approved for the $12,000 element, for people who were eligible to take out up to $12,000 of their pension fund. These are people who have not yet reached retirement age, and that total was $49.4 mi llion that they had taken out. Very clearly, we have also been made to understand (which is what I had recommended at the time) that if people did not have the necessity to take the money out of their pension funds . . . if they did not need to use the money, to put the money back in as voluntary contributions and that money would have been made available to them at their will, when they needed it most. This is effectively saying that this sit uation obtains as a normal circumstance as opposed to just under these special circumstances. The 25 percent to which the Minister referred, for people who had reached the age of 65, where they were able to take out 25 per cent, was included in the temporary amendment, but in that amendment it was not barred . . . the $12,000 initially was barred for a specific period of time. The 25 per cent was not barred at that point in time. The Minister has indicated 97 applications of which 79 have actuall y been pr ocessed for a total of just under $2.5 million. It was i mportant to see the age of retirement being 65 or, you know, that people are able to take the money out at the age of retirement when they hit 65 and that there was . . . it has been clarifie d now that whether you are retired or not, it does not matter. That kind of brings my mind back to my pet peeve when it comes to social insurance because you know under those circumstances you are entitled to social insurance at the age of 65 irrespective of whether or not you have retired. So this kind of marries and works in lockstep with the social insurance aspect in which you are able to receive the benefit of social insurance when you hit 65. And now at the age of 65 you can take out 25 per cent of yo ur capital that is in your pension fund, your occupational pension fund, at that point in time. This is something that I have probably adv ocated for for longer than I can imagine. I say that from the perspective that when somebody gets to the age of 65, I have no doubt that they know not only how much money they have, but what they wish to do with the money that they have accumulated, what they have in their pension fund. And the idea of being forced to leave money in a pension fund in which market fluctuations can either grow or instantly dimi nish the balance of those funds, just did not seem to
Bermuda House of Assembly me make sense for a good economic plan if people could have access to their money that they would be able to do with it whatever they will, invest it however they wanted to, or put it under the mattress if that was their desire. So I was always mindful of the fact that, you know, especially having worked for a lifetime, most people are retiring at the age of 65 even if they were not ready to retire. The circumstance and our social construct almost forced people to retire at the age of 65. The Minister has indicated that there are many people now who find themselves at the age of 65 not really in a position to stop working because they have to continue to supplement t hemselves. But to be able to have access to the funds in their pensions is a pos itive thing for them if they so choose. They can also still continue to leave those pensions in their fund. Now, under the principal Act members, once they had reached pensionable age, which was 65, and if they had retired, now that retirement requir ement has been stripped away. But the way it works is that if they got to 65 and they had retired you could actually take out 7 per cent of the balance of your funds as of December 31 of the year before, from the age of 65 up until the age of 70. Once you hit the age of 70, you then were able to take out 10 per cent of your money. And in some instances, when you think in terms of what people have been able to amass or salt away during that period of time as part of their occupational pensions, that money was not really providing enough for some people, that 7 per cent or that 10 per cent. So to have the benefit of this lump sum of 25 per cent that they would be able to take out, just k ind of helps people with their financial planning. And I am certainly fully supportive of this. As I said, it is something I have been calling for. There has always been the issue of whether the pension funds will be able to sustain the demands on those pension funds to keep them as a solvent entity to make sure that everything is still okay if people started to pull out major sums, lump sums, from their pension money. But the bottom line is, it is their money. Somebody at the age of 65, they know full well what they want to do with the money and there is no reason why people should not be able to be free to have access to that for which they have worked an entire lifetime or from the advent of occupational pensions and be able to take that money out and do with it whatever they so choose. So I am fully supportive of this legislation, that this is now not just a temporary measure, as we saw, to help things out during COVID -19, but this is being enshrined as part of the way forward and what people can look tow ards––to expect going forward. So with those few comments, Mr. Speaker, I end my contribution.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak to this matter? Hon. Michael H. Dunkley: Mr. Speaker, I just have a brief question to ask the Honourable Minister.
The SpeakerThe SpeakerYes, you can put your question. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister, in the overview that you gave in regard to this Act, you stated that a pplicatio ns for the $12,000 withdrawal were just about 7,000 individuals and approximately 4,300- andchange have been …
Yes, you can put your question.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. To the Honourable Minister, in the overview that you gave in regard to this Act, you stated that a pplicatio ns for the $12,000 withdrawal were just about 7,000 individuals and approximately 4,300- andchange have been approved. Can you give some overview on the 2,600 (approximately) that have not been approved? And Mr. Speaker, we understand the predi cament that we are in, so I reluctantly support [the] withdrawal of people’s funds to help [them] through this very difficult time. But I am just curious to understand the meaning of 2,600 people not being approved. Is that because of a timeline in the approval process, or applications were not filled out correctly or there were some other concerns? I thank the Honourable Minister in advance.
The SpeakerThe SpeakerThank you. Does any other Honourable Member wish to speak? None. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. And thank the Honourable Members for their contributions. I would say that part of the impetus for these amendments is to update the regime to make sure that it is …
Thank you. Does any other Honourable Member wish to speak? None. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. And thank the Honourable Members for their contributions. I would say that part of the impetus for these amendments is to update the regime to make sure that it is reflective of the circumstances in which we currently live. There are a number of individuals in Bermuda who have elected to work beyond the normal retirement age of 65 who were desirous of having access to their pension money as they want to enjoy their later years, and enjoy the money that they have saved. And so the changes that we have made . . . the Honourable Member is correct. We have brought our pension legislation somewhat in alignment with the social insurance process and practices. With respect to folks who have withdrawn money, a couple of observations. The regulat ions r equire that the administrators, once an application has been approved, have 20 days to process it and get the payment out. So I suspect that the difference between the applications received and those that have been approved is probably an issue of ti ming, al though I can wait for a response from the Pension Commission to see if there are any that have not been processed as a result of them being incomplete in their application. 4490 17 July 2020 Official Hansard Report
Bermuda House of Assembly I would also say, just for the interest of Honourable Members, that a number of folks who are availing themselves of the option to withdraw up to $12,000 are electing to leave the money in their pe nsion funds as a voluntary contribution. My sense is that it is an attempt to kind of have some liquidity available to them as and when they need it instead of taking the money and spending it.
Ms. Leah K. ScottSorry, Mr. Speaker, I have one question for the Minister, please.
The SpeakerThe SpeakerThe Minister has closed out now.
The SpeakerThe SpeakerOkay. Thank you. And with that, Minister, can you move us to Committee and the Deputy can take the Chair. Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker —
The SpeakerThe SpeakerThere is Member who has indicated she wishes to put a question in Committee, I guess. Thank you, Deputy. You have the Chair. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speakers. House in Committee at 6:4 3 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMIT TEE ON BILL NATIONAL …
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the National Pension Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the National Pension …
Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the National Pension Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the National Pension Scheme (Occ upational Pensions) Act 1998, and to make consequen-tial amendments to the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 , the National Pension Scheme (Refund) (Temporary) Regulations 2020, and the National Pension Scheme (General ) Regulations 1999. Mr. Chairman, I move that clauses 1 through 7 be moved.
The ChairmanChairmanContinue, Minister. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 amends section 24 (9)(b) of the principal Act, to allow a member or former me mber of a defined contribution pension plan or local retirement product who has attained the normal retirement age to apply for …
Continue, Minister. Hon. Curtis L. Dickinson: Clause 1 is self - explanatory. Clause 2 amends section 24 (9)(b) of the principal Act, to allow a member or former me mber of a defined contribution pension plan or local retirement product who has attained the normal retirement age to apply for a lump sum refund of up to 25 per cent of his or her account balance. The previous requirement to have the retiree retired is removed. Subsection 9(c) is amended to allow a member or former member of a defined contribution pension plan or local retirement product who has not attained the normal retirement age to apply for a lump sum refund of up to $12,000 during such period as may be prescribed. The prev ious requirement not to have retired is removed. Clause 3 amends section 35 (Small pensions) of the principal Act by repealing and replacing subsections (1) and (2). Subsection (1) now provides for payment to be made to both a member and former member of a defined benefits [pension] plan, that has attained the normal retirement age, if the commuted value of his benefit is not more than $50,000. Subsec-tion (2) now provides for payment to be made to both a member and former member of a defined contribution pension plan or a local retirement product that has attained normal retirement age, if his account bal-ance is not more than $50,000. The previous requir ement in both subsections to have retired has been removed. Clause 4 makes cons equential amendments to the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020. In particular, the word “Retiree” has been deleted from the title and citation. Regulations 2 and 3 have been amended to provide for both a member or former m ember of a defined contribution pension plan or a local retirement product who has attained the normal retirement age to apply for a lump sum refund of up to 25 per cent of his account balance. The previous requirement to have r etired is removed. For the s ake of completeness, regulation 9 has been amended to insert a requirement that the Commission notify persons whose applic aBermuda House of Assembly tions have been denied, and to give a reason for its decision. While the Commission currently does this on a voluntary basis, this wi ll make it a mandatory r equirement. Clause 5 makes a consequential amendment to the National Pension Scheme (Refund) (Temp orary) Regulations 2020 in the definition of “applicant” to provide for both a member and former member of a defined contribution pension plan or a local retirement product who has not attained the normal retirement age to apply for a refund of up to $12,000 during the period prescribed by those Regulations. The previous requirement not to have retired is removed. Clause 6 amends the National Pension Scheme (General) Regulations 1999. Regulation 19 (Fees) has been amended in paragraph (1A) to i nclude a reference to local retirement products. The format of paragraph (1B) has been modified, but the substantive amendment provides for the pa yment of annual administrative fees out of the pension fund of a multiemployer pension plan. Clause 7 provides for commencement of the Act by the Minister of Finance by notice published in the Gazette. Thank you, Mr. Chairman.
The ChairmanChairmanAre there any further speakers? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Chai rman.
The ChairmanChairmanMs. Gordon- Pamplin, continue. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. Mr. Chairman, I am just trying to find the . . . okay. Page 1, clause 2 —
The ChairmanChairmanMm-hmm. Hon. Patricia J. Gordon -Pamplin: —[subsection] (b)—
The ChairmanChairman[Subsection] (b)? Hon. Patricia J. Gordon -Pamplin: Pardon?
The ChairmanChairmanDid you say [subsection] (b), as in boy? Hon. Patricia J. Gordon -Pamplin: Subsection (b), clause 2, —
The ChairmanChairmanMm-hmm. Hon. Patricia J. Gordon -Pamplin: —page 1, towards the bottom of page 1, [subsection] (b) —
The ChairmanChairmanMm-hmm. Hon. Patricia J. Gordon -Pamplin: —it speaks to where the member or former member of a defined contribution [pension] plan or a local retirement product has attained the normal retirement age, of up to 25 per cent of his account balance, as may be pr escribed. I wonder if …
Mm-hmm. Hon. Patricia J. Gordon -Pamplin: —it speaks to where the member or former member of a defined contribution [pension] plan or a local retirement product has attained the normal retirement age, of up to 25 per cent of his account balance, as may be pr escribed. I wonder if the Minister could just for the edif ication of the public advise or confirm that this 25 per cent can be made at the same time that the normal annual withdrawal of the 7 per cent between ages 65 and 70 and the 10 per cent from age 70 on, that these can also be [INAUDIBLE ] as well, because this is [ INAUDIBLE] precluding one or the other.
The ChairmanChairmanMinist er. Hon. Curtis L. Dickinson: Mr. Chairman, I can confirm that the amounts, the 25 and 7, are additives . . . accumulative and so . . . and not — Hon. Patricia J. Gordon -Pamplin: A replacement for. Hon. Curtis L. Dickinson: Not a replacement of one or …
Minist er. Hon. Curtis L. Dickinson: Mr. Chairman, I can confirm that the amounts, the 25 and 7, are additives . . . accumulative and so . . . and not — Hon. Patricia J. Gordon -Pamplin: A replacement for. Hon. Curtis L. Dickinson: Not a replacement of one or the other. So if you did it, it is not . . . if you take 7 then you can go back and still get 25 as opposed to you take 7 and you can get 18. You can take both; you can take up to 32 [per cent].
Hon. Patricia J. Gordon -Pamplin: Thank you. That was clarity for the edification of the public. That is very important for them to understand and I appreciate that explanation. Thank you.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin: I did have one of my colleagues who had a question, Honour able Member Scott.
The ChairmanChairmanNo. Any other speakers? They can speak for themselves, Member. Any further speakers? There appear to be none. Minister. Hon. Curtis L. Dickinson: 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. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. 4492 17 July 2020 Official Hansard Report …
It 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. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved. 4492 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Chairman: It 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 ha s 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 Dickinson. Mr. Speaker. [Motion carried: The National Pe nsion Scheme (O …
It ha s 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 Dickinson. Mr. Speaker. [Motion carried: The National Pe nsion Scheme (O ccupational Pensions) Amendment (No. 2) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6:51 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
NATIONAL PE NSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT (NO. 2) ACT 2020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the National Pension Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 being reported to the House as printed? There are none. It has been reported. That closes that matter and we will move on to the next item. Minister of Finance, …
Thank you, Deputy. Members, are there any objections to the National Pension Scheme (Occupational Pensions) Amendment (No. 2) Act 2020 being reported to the House as printed? There are none. It has been reported. That closes that matter and we will move on to the next item. Minister of Finance, am I in correct that [Order No.] 6 is being carried and we will do [Order No.] 7, Right? We are carrying the Trusts and we are doing the Registrar of Companies?
Hon. Curtis L. Dickinson: Yes. I have it as [Order No.] 5 being carried and [Order No.] 6 being debated now.
The SpeakerThe SpeakerSix? No problem. Members, we are now on to the second rea ding of the Registrar of Companies (Supervisi on and Regulation) Act 2020 in the name of the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the …
Six? No problem. Members, we are now on to the second rea ding of the Registrar of Companies (Supervisi on and Regulation) Act 2020 in the name of the Minister of Finance. Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Registrar of Companies (Supervision and Regulation) Act 2020 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? No objections. Minister, continue. BILL SECOND READING REGISTRAR OF COMPANIES (SUPERVISION AND REGULATION) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to introduce to thi s Honourable House the Registrar of Companies (Supervision and Regulation) Act 2020 to facilitate greater efficiency …
Are there any objections to that? No objections. Minister, continue.
BILL
SECOND READING
REGISTRAR OF COMPANIES (SUPERVISION AND REGULATION) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to introduce to thi s Honourable House the Registrar of Companies (Supervision and Regulation) Act 2020 to facilitate greater efficiency and cost -effectiveness in aspects of Bermuda’s regime to continue compliance with international standards set by the Financial A ction Task Force [FATF]. Mr. Speaker, this Bill will transfer the antimoney laundering and anti -terrorist financing [AML/ATF ] supervisory responsibilities from the F inancial Intelligence Agency [FIA] to the Registrar of Companies [ROC] in relation to dealers in hi gh value goods. The Caribbean Financial Action Task Force (CFATF) recently completed an assessment of Ber-muda’s AML/ATF regime and a strongly positive r eport was published by FATF in January of 2020. Ber-mudian authorities continue to proactively work on strengthening the effectiveness of the regime inclu ding enhancing the cost -effectiveness and efficiency of the regime. The amendments contained in this Bill will address this in relation to the AML/ATF supervision of dealers in high value goods. Mr. Speaker, one of the areas of focus of Bermuda’s mutual evaluation assessment was Bermuda’s approach to the supervision of the sector described by the FATF as “designated non-financial businesses and professions,” or DNFDPs. This sector is comprised of several bus inesses and professional groups such as lawyers, ac-countants, trusts and company service providers. A lso, it includes real estate dealers and dealers in pr ecious metals and stones. At present, dealers in precious metals and stones are covered under Bermuda’s AML/ATF laws in the category described as dealers in high value goods. This category also includes dealers in cars, boats, trucks and motorcycles, as well as auctioneers. The AML/ATF supervision of this group of businesses is currently being carried o ut by the FIA whose prim ary statutory role is that of financial intelligence. Mr. Speaker, early in the development of Bermuda’s AML/ATF framework, when it was initially determined that the FIA would be an AML/ATF superBermuda House of Assembly visor, it was intended that FIA wou ld regulate DNFDPs. However, this would not include trust and company service providers who were to be regulated by the Bermuda Monetary Authority. This approach was generally similar to that taken in jurisdictions such as Canada, Australia, and Barbados. However, subsequent policy decisions resulted in the FIA only being designated as an AML/ATF supervisor for dealers in high value goods while the other sector, such as real estate, casino gaming, lawyers and accountants were assigned to other supervisors. Mr. Speaker, consistent with the FATF’s approach to supervision of dealers in precious metals and stones, Bermuda’s registration requirements for dealers in high value goods is based on a cash threshold, although the amount is lower than the FATF threshold. Therefore, only dealers in high value goods that wish to accept cash above the prescribed threshold of $7,500 are required to be registered and required to comply with the AML/ATF regulations. In 2018, only two dealers in high value goods registered with the FIA. However, as of the 30 th of June 2020, there were no registered entities, as retailers are ma king operational decisions to refuse cash transactions at or above the statutory threshold. Notwithstanding this there is still the need for the whole sector to be monitored to ensure that unregistered dealers of high value goods do not intake cash above the statutory threshold and that they maintain operational practices to ensure this. The need for continued monitoring of this sector will require the FIA to continue to maintain the supervisory programme with appropriate resources to support this, even when there are no registered entities and no fees being paid to defray the costs. Mr. Speaker, the primary function of the FIA is to gather, analyse and di sseminate financial intell igence and to work in partnership with other competent authorities to digest and utilise this intelligence. As a result of requirements imposed by international bodies, under the security of the intelligence function, s upervisory staff within the FIA cannot be involved in the FIA’s intelligence work. It is clear security partitions have to be created between the intelligence and s upervisory functions. In the existing circumstances, continuing to have the FIA as the AML/ATF supervis ory is not cost -effective or efficient. Therefore, it is i mportant for Bermuda to transfer the supervision of dealers in high value goods from the FIA to a suitable supervisor with the relevant expertise. Mr. Speaker, by legislation, the Registrar of Companies is also the superintendent of real estate to whom statutory powers have been given and financial and other resources have been provided to facilitate the AML/ATF supervision of the real estate sector. Substantial work has been done by the superintendent to develop a robust supervisory programme and to enhance the skills and capacity within the ROC to competently carry out this work. The success of their efforts today has been favourably assessed in Bermuda’s recently published mutual evaluation report . In light of this, the Bill seeks to leverage the existing s upervisory capabilities and resources in the ROC and thus relieve the FIA of the responsibility to continue as the AML/ATF supervisor for dealers in high value goods. Mr. Speaker, the Bill enact s legislation to give effect to the new supervisory responsibilities that are assigned to the ROC. Additionally, to further facilitate the transfer of responsibilities from the FIA to the ROC the Bill also makes miscellaneous amendments to the Proceeds of Crime Act 1997, the Anti-Terrorism (F inancial and Other Measures) Act 2004, the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act 2008 , the Financial Intelligence Agency Act 2007, the Pr oceeds of Crime ( Anti-Money Laundering Anti -Terrorist Financing) Regulations 2008. Mr. Speaker, the totality of the new legislation together with the miscellaneous amendments provide for the transfer of supervision of dealers in high value goods from the FIA to the ROC and gives effect to this change in responsibility. 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.
The SpeakerI recognise the Honourable Member Gordon- Pamplin. You have the floor. Go right ahead. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I just had a [INAUDIBLE] because I think the Minister has explained the purpose for which this transfer is being made from the F IA …
I recognise the Honourable Member Gordon- Pamplin. You have the floor. Go right ahead. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I just had a [INAUDIBLE] because I think the Minister has explained the purpose for which this transfer is being made from the F IA so that they effectively have firewalls between those who are gathering and analysing data which is the remit of the FIA and regulating it. But in the transfer of these functions to the Registrar of Companies it seems to me that the Registrar is taking on a bigger responsibi lity of being a regulator. I believe historically the Registrar of Companies has been more a repository for information as opposed to a regulator. So with that thought process, I wonder if the Minister will allow me to understand whether the Registrar of Companies actually has the funding to enhance their infrastructure to become a regulator. I understand that with the FATF report the move makes eminent good sense, but I am just not certain that I understand whether the Registrar of Companies is effectively powered up, sourced up, to be able to take on this regulatory function. I know the Minister indicated that on the FIA on the high value dealers for 2018 there are only two dealers. In 2020 there were no registrations. So it 4494 17 July 2020 Official Hansard Report
Bermuda House of Assembly might be a question of saying that the responsibility goes over to the ROC, but there is going to be no extra work for them to do because there was very little, if any, registration. But with that said, I am not certain whether no registration is indicative of no activity wit hin the operations, or whether there are operations that are still going on that are effectively not complying with the existing rules and regulations. I am just a little bit mindful that the more we take responsibilities and strip them away fr om one area and put them into another . . . I know I have had lots of interaction historically, none recently because I am no longer in the corporate field, but certainly hi storically there were lots of delays with information that was being required by th e Registrar of Companies. And I believe that they were able to catch up and be-come a lot more efficient with their processes. But if we are going to pile extra stuff on them, I just want to be comfortable that they have the resources to ensure that they ar e able to keep on top of their workload. Because very clearly anti -money laundering and anti - terrorist financing are very critical not just to the stabi lity of the country, but also meeting international standards for excellence that we are required to do. I believe the OECD has those demands of us. Ever ybody wants us to maintain certain standards. Things that could conceivably have transactions that may not necessarily be able to be traced, per se, things such as . . . I mean, I know the Minister indicated cars, boats, truck, motorcycles, and the like. But with those types of operations, I would imagine that the values, even though they are deemed to be in the class of the high value transactions, I am not cer-tain that the monetary value . . . it is low, at $7,500. At the $7,500 threshold, I do not think that there is much that somebody would be able to work around if they said, Well, you know what? I will deposit $5,000 of the $7,500 today and then the rest of it on another day. So I am just curious as to w hether 2020 having no registration what is going to be gained in terms of eff iciencies but also in terms of fulfilling our international requirements by moving this over to the Registrar of Companies. I think that the BMA, historically, has had oversight o ver certain areas. But the BMA, you will recall, Mr. Speaker, has been staffed up incredibly well in terms of the amount of resources that have been provided to the BMA. The BMA as an organis ation is almost a mini government all by itself. And they have al l the necessary bells and whistles and assi stance that they need in every aspect of what they need to do. They may disagree that they are short - staffed in certain areas, but I believe generally they have all that they need. Are we putting too much pressure on the Registrar of Companies in changing their function from that of being a repository to that of being a regulator? And what resources have we put in place to ensure that we are satisfied that they are able to do their job to keep us on the right side of the r e-porting of the FATF and everything else, keep us on the right side, make sure that they have the resources for that which we are now asking them to take charge? So with those few comments, Mr. Speaker, I do not think . . . I do have one other comm ent if you would just give me one second. I do have another question, and that is, When we look at the necessity as we spoke about, as has been topical over the course of this past week, when we were looking at the restrictions on disclosures in this infor mation, what does . . . within the Registrar of Companies and within this legislation there is the restriction of disclosure, certain restrictions in terms of disclosing certain information. I am just curious to know whether the discl osure and the opening of the books and the registry for beneficial ownership is going to have any kind of i mpact on this particular area. It may not; but the thought came up when I looked at the issue in terms of the restrictions on disclosure. So with those few comments and qu estions, Mr. Speaker, I will allow others to contribute.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak?
The SpeakerThe SpeakerIt sounds like the Deputy Opposition Leader. Honourable Member, yo u have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, about a month ago I was coming out of the parking lot of Parliament and I saw the Mi nister of Finance. We had a brief conversation, and he said to me, You know, since I have been in Parliament I have been assessing …
Thank you, Mr. Speaker. Mr. Speaker, about a month ago I was coming out of the parking lot of Parliament and I saw the Mi nister of Finance. We had a brief conversation, and he said to me, You know, since I have been in Parliament I have been assessing the personalities of people in Parliament. And he went through different people and what their kind of theme was. And he said, For you, your theme is . . . and I won’t say the words he said, but it was essentially that t he OECD and FATF and all of the alphabet regulator industries are just not . . . I am not a fan of them. And I am not. And this is just a continuation of the regime that they continue to impose upon us as a jurisdiction, Mr. Speaker. But in terms of the c omments that I have to make I would like to continue on the theme that my colleague has set. My concern is that the Registrar of Companies has always been a repository of information and it has always been a dispenser of infor-mation. So when you need somet hing, if you need a memorandum of association or you need to find out some public information about a company, they are the ones that give you that information. And so the transition of the function of this from the FIA to the Registrar of Companies is concerning to me because, notwithstanding the fact that they may not have mult iple transactions . . . the volume of the transactions is
Bermuda House of Assembly basically irrelevant. It is having people who have the skill set and the ability to deal with the transactions as and when they come through. Are they going to know that they have to check certain transactions against a sanctions list? What sort of ongoing training are they going to be i nvolved in? What sort of system does the Registrar of Companies have in terms of keeping i nformation pr ivate and confidential and against hackers? I do not know what the infrastructure of the Registrar of Companies is at this moment. I know that there are people who have been working there for an extremely long time. I would like to know that w e are able to provide them with this transition and that the information will be safe, but that we also have the skill -set to be able to manage this. Now, I know that the Minister said that the Registrar is the superintendent of real estate and real estate agents and brokers. But my understanding is that the position is to ensure that the licensing regime is adhered to. It is not so much in terms of the level of AML/ATF responsibility that the FIA has. So while I understand that they want to transition to t he Registrar of Companies, I guess I want to be satisfied that the infrastructure is there to support the transition and, indeed, that the staff are supported so that they are not put in a position where their jobs are compromised because they do not have the relevant information or training to be able to manage the transition from being a repository to being a regulator. You know, the BMA has been a regulator for many, many years, and they have been founded on confidentiality. And the Registrar of Compani es is not an institution that has been built up in that same way. So while I appreciate the need to do this, and I understand the transition and respect it, I would like to have some comfort, again in joining with my colleague around the transition to the Registrar of Companies and the safety of the records, the ability for the staff to be able to make the transition and for the staff to be supported in the transition as we go forward with all of these regulatory changes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak?
The SpeakerThe SpeakerMP Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. Minister, thank you for your sensible present ation. Both of my colleagues who spoke just prior to me have really touched upon the points that I actually wanted to raise as well. So I will just raise them very briefly. I think that the general concern, …
Thank you, Mr. Speaker. Minister, thank you for your sensible present ation. Both of my colleagues who spoke just prior to me have really touched upon the points that I actually wanted to raise as well. So I will just raise them very briefly. I think that the general concern, not just with this Bill, but from a high level, is the extent to which the Registrar of Companies is being called upon to perform regulatory functions. And, indeed, for the last few years we have sort of gone through this dance where we have wondered whether or not the Registrar of Companies was becoming a quasi -regulator. And now we see expressly that it is being asked to perform regulatory functions. Whether that is a good thing or whether that is a bad thing is a matter for debate. Whether it should happen is a matter for policy dec isions that rest with you and with Cabinet more broadly. So we recognise that. Obviously, the current Registrar, the occupant of the office at present, is someone of immense talents. And any comments that we offer about concerns about the Registrar of Companies and its ability to cope is not in any way intended to reflect in any way but positively upon the current incumbent who really is bringing a great deal of strength to that role and is an amazing Bermudian asset. That said, if one kind of looks at the concept of the Regist rar of Companies and one looks at the BMA and one asks oneself, Do we need two regulators? And if we only need one, Which should it be? Which [one] has the capacity and the resources and the budget and the finance and the strength to deal with regulatory aspects that are being imposed upon us at an all -too-frequent rate? The Minister may recall that he and I joked, perhaps it was two years ago, perhaps it was a year ago, about death by a thousand paper cuts. But that is the reality that we, as an international financial centre, face. And you know that Honourable Minister as well as, if not better than I do. So I guess my only comment is, at some point it would be sensible, if you have not already done so, to just look at whether or not there is a need for rebalancing between the Regi strar of Companies and the BMA in terms of the functions allocated. There is . . . at least on the street one hears anecdotally (and I am not saying that makes it right, but one does hear) that the Registrar of Companies is being overly put upon, lacks sufficient resources and is concerned about the amount that it is being asked to do. So I am sure that is something the Honourable Minister is aware of already. No doubt it is something that the Honourable Minister is giving concern to address. But I guess we are just saying in a very bipart isan and friendly way, you know, just watch this space to make sure that we do not overburden what I think one, or perhaps both, of the previous speakers de-scribed as an entity that was supposed t o be a repos itory of information and not a regulator. So with those very brief comments I thank the Honourable Minister for his presentation and invite him to take that on board, perhaps not today but at some future point in time, to ensure that we are, as we currently are, one of the top international financial centres in the world. 4496 17 July 2020 Official Hansard Report
Bermuda House of Assembly Thank you, Honourable Minister. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerIt sounds like the Honourable Member Simons. Honourable Member, you have the floor.
Mr. N. H. Cole SimonsThank you, very much. I will be very, very brief. As my colleagues have said, there has been a shi ft in regard to the world and functions of the Registrar of Companies from a repository to a regulator. I take the view that with the financial intelligence there is …
Thank you, very much. I will be very, very brief. As my colleagues have said, there has been a shi ft in regard to the world and functions of the Registrar of Companies from a repository to a regulator. I take the view that with the financial intelligence there is also the other responsibility of economic substance, because ec onomic regulations have to be implemented and managed and policed by the Registrar of Companies. So my question to the Minister is, Has he or has someone in his department really done an exten-sive overview to look at the impact of all of these add itional responsibilities that are being bestowed upon this agency? I mean, the economic substance r equirements, as you all know, are extensive, paper i ntensive, burdensome, and have to be monitored, p oliced, audited, there are inspectors . . . this is another type of audit department within the Registrar of Companies. So just adding this piece makes me question, Have we looked at the big picture and defined a roadmap and a structure for the Registrar of Companies going forward, given their added responsibilities? We have the legislation, as I said, today. We have the economic substance requirements and all that is needed to support that. And then they still are prob ably responsible for providing information to the public. And then the other question, as was asked by the Honourable Pat Gordon- Pamplin, was . . . we have the register, the beneficial ownership register. Will they be responsible for that as well? So I would do an overarching study with a long- term plan to see how best to move forward with the Registrar of Companies and do an asses sment of the resources needed, the people needed, the IT information needed, and the controls needed so that they will be poised to be successful in all the responsibilities and roles that they will enjoy going forward because of the ever - changing environm ent in the financial service industry. I know from a banking point of view that we call and ask our clients to get a number of documents from the Registrar of Companies. And they are fairly responsive. I mean, a perfect example from a banking point of vie w, I have always asked, Do you have a certificate of good standing? when they open up an account, or when we have an account review. And they say, Well, we will have to get it from the Registrar of Companies. And they are able to do that quite pr oficiently . And so I am saying, with all these added r esponsibilities I do not want that efficiency to be compromised. We have to ensure that we have the proper resources, proper systems, the proper procedures to ensure that they are poised for success given their added load of responsibility because of the global AML/KYC [anti -money laundering/k now your customer] and the requirements that are bestowed upon Bermuda in the financial service industry. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? There are none. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. First, I would like to thank Honourable Members for their contributions, and particularly for their expressions of concern about the burden that is being placed …
Thank you, Honourable Member . Does any other Honourable Member wish to speak? There are none. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. First, I would like to thank Honourable Members for their contributions, and particularly for their expressions of concern about the burden that is being placed on the Registrar of Companies. I am sure that the team upstairs on the fourth floor appreciates the kind words and the concerns being expressed for their well-being and the work that they are doing. What I would say is that the Registrar of Companies had probably been known as a repository, but their role has been evolving over the course of the last several years. I would remind honourable col-leagues that as far back as 2016 the ROC was star ting to perform a dual rol e—one, as the keeper of do cuments, and the other being an evolving regulatory role. As I mentioned this morning during my Mini sterial Statement of something entirely different, the world is a constantly changing place. If we do not evolve, then we run th e risk of kind of becoming irre levant. And so the ROC has been evolving. I can tell you that they have done some superb work over the course of the last 12 months, in particular. Honourable Members who are not familiar, after our blacklisting I asked the R OC to run points on the exercise to get us greylisted and then whitelisted. And they were the lead agency responsible for interactions with the EU as we worked with the BMA and the Ministry Headquarters team to get that issue across the line. The ROC does have a dual track upstairs, so there is a group of folks who work on the depository side and then there is a group of folks who work on the regulatory side. And with respect to economic substance, the ROC is the place who has responsibi lity for the regime. They are in the process of spending a bunch of money putting in place a new system. This system will be used to ensure compliance with EU, economic substance requirements as well as OECD requirements. And so the team is doing some extraorBermuda House of Assembly dinary work, and they are a really dedicated team who I am extraordinarily proud of. There was a comment raised about resour cing. Resourcing continues to be a challenge in the compliance space worldwide. We are working with the ROC to find a solution for that. It is not the lack of authority to go and make hires, but just like the world is short of nurses, the world is also short of dedicated and qualified compliance professionals. So we have a department that is in transition, but one that has accepted the challenge of t he burden that we are placing on them and are doing the job very, very well. The question around whether Bermuda has enough space for two regulators is one that I certainly am giving consideration to. You would expect that dur-ing this pandemic that has cer tainly kind of forced me to put some things on the back -burner as we try to figure out what the optimal structure is for our regul ators. But I would say this: The BMA has a very, very strong track record of being an effective regulator for financial servic es companies. And we should allow them to continue doing what they are doing well. They have the resources in place, the expertise, and need to stay focused on the areas for which they cover. We will have enough time to give proper thought to how the Regis trar of Companies will evolve in the future, and I am ever mindful of the important role that they play in our economic substance regime. And by virtue of if that was the only criteria, then they have a bunch of energy around making sure that they can be s uccessful doing what they do. With that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you. Thank you, Mr. Speaker. House in Committee at 7:24 pm [Hon. Derrick V. Burgess , Sr., Chair man] COMMITTEE ON BILL REGISTRAR OF COMPANIES (SUPERVISION AND REGULATION) ACT 2020
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Registrar of Companies (Supervision and Regulation) Act 2020 . Minister, you have the floor. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill provides for the Registrar of Companies supervisory and reg ulatory functions …
Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Registrar of Companies (Supervision and Regulation) Act 2020 . Minister, you have the floor.
Hon. Curtis L. Dickinson: Mr. Chairman, this Bill provides for the Registrar of Companies supervisory and reg ulatory functions and transfers the supervision of dealers in high value goods from the Financial Inte lligence Agency to the Registrar of Companies. Mr. Chairman, I move clauses 1 through 10.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Clause 1 is the citation. Clause 2 is the interpretation provision provi ding cross references to other AML/ATF Acts for the definition of certain technical terms used in this Act . Clause 3 provides for the Registrar of supervisory and regulatory functions and powers under …
Continue.
Hon. Curtis L. Dickinson: Clause 1 is the citation. Clause 2 is the interpretation provision provi ding cross references to other AML/ATF Acts for the definition of certain technical terms used in this Act . Clause 3 provides for the Registrar of supervisory and regulatory functions and powers under this Act, particularly as it relates to dealers in high value goods. Clause 4 protects information relating to a person’s business or other affairs which is provided to the Registrar for the purposes of this Act. Disclosure of such information without consent is prohibited and provision is made for penalty if such information is disclosed. Clause 5 is an exception to the prohibition in clause 4 and provides for the circumstances in which information is permitted to be disclosed to other competent aut horities with AML/ATF responsibilities to facilitate the discharge of their statutory responsibil ities. Clause 6 provides the Minister with the power to prescribe fees in relation to the Registrar’s conduct with the supervisory functions with respect to dealers in high value goods. Clause 7 provides the Minister with regulation - making powers subject to the negative resolution pr ocedure. Clause 8 provides the Registrar with immunity from suit and with indemnity from foreign suits when exercising his functions under this Act. This is achieved by making sections 282 and 283 of the Companies Act 1981 applicable. Clause 9 makes provision for the miscellaneous amendments contained in the Schedule. Clause 10 is the commencement provision. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Are there any further speakers? There appear to be none. Minister, you want to move the clauses? Hon. Curtis L. Dickinson: Mr. Chairman, I move that clauses 1 through 10 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 10 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 10 passed.] 4498 17 July 2020 Official Hansard Report Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Chairman, I move that …
The ChairmanChairmanIt has been moved that the Schedule be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Schedule passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the B ill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House. Thank you, Minister Dickinson. Mr. Speaker. [Motion carried: The Registrar of Companies (Supervision and Regul …
It has been moved that the B ill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House. Thank you, Minister Dickinson. Mr. Speaker. [Motion carried: The Registrar of Companies (Supervision and Regul ation) Act 2020 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 7:27 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
REGISTRAR OF COMPANIES (SUPERVISION AND REGULATION) ACT 2 020
The SpeakerThe SpeakerThank you, Deputy. Members, are there any objections to the Bill entitled the Registrar of Companies (Supervision and Regulation) Act 2020 being reported to the House as printed? There are no objections. The Bill has been reported to the House. We will now move on to the next item. Mini …
Thank you, Deputy. Members, are there any objections to the Bill entitled the Registrar of Companies (Supervision and Regulation) Act 2020 being reported to the House as printed? There are no objections. The Bill has been reported to the House. We will now move on to the next item. Mini ster, again, the Insurance Amendment [Act 2020] has been carried over and we are doing the Parliamentary Election Act; correct?
Hon. Curtis L. Dickinson: That is correct, Mr. Speaker. The Speaker: Thank you for your contribution this afternoon. We will now let you have a break and we will call on the Minister of the Cabinet Office. Members, the next item is the second reading of the Parliamentary Election Amendment Act 2020 in the name of the Minister of the Cabinet Office. Minister, would you like to present your matter now? [Pause]
The SpeakerThe SpeakerMinister? Hon. Wayne L. Furbert: Can you hear me?
The SpeakerThe SpeakerYes, we hear you now and we can see you. Hon. Wayne L. Furbert: Mr. Speaker, I move that the Bill entitled the Parliamentary Election Amendment Act 2020 be now read the second time.
The SpeakerThe SpeakerAny objection to that? There are no objections. Minister, continue. BILL SECOND READING PARLIAMENTARY ELECTION AMENDMENT ACT 2020 Hon. Wayne L. Furbert: Mr. Speaker, voting is a fundamental process in a democratic society. When we find weaknesses and obstacles in voting laws it is i mportant that we fix those, …
Any objection to that? There are no objections. Minister, continue.
BILL
SECOND READING
PARLIAMENTARY ELECTION AMENDMENT ACT 2020 Hon. Wayne L. Furbert: Mr. Speaker, voting is a fundamental process in a democratic society. When we find weaknesses and obstacles in voting laws it is i mportant that we fix those, or take steps to fix those weaknesses. These amendments take those steps to broaden t he democratic processes. I would like to first thank those within the backbench who we worked very closely with in regard to these amendments. I thank the Honourable Chris Famous who kept me to the wicket. Mr. Speaker, today I present to the Honour able House the Parliamentary Election Amendment Act 2020. This legislation is being introduced in order to ensure the continued efficiency and integrity of the electoral process in Bermuda. Mr. Speaker, in general, the proposed amendments seek to maximise the pool of eligible voters, while improving the integrity of the voting pr ocess. This will be done by allowing those who are not normally able to vote independently, or who were not previously entitled to vote, the opportunity to vote, [and], moreover, by ensuring that the Parliamentary Registrar has the necessary discretionary authority to plan and execute any election efficiently and safely for all voters.
Bermuda House of Assembly Mr. Speaker, the Act in its current state makes no provisions for visually impaired voters in Bermuda to vote independently. In 2017 the Parliamentary Registrar, in response to requests, met with represent atives of Vision Bermuda (formerly known as Bermuda Society for the Blind). This meeting was held to di scuss Vision Bermuda’s concern that the Act prov ides no alternative for visually impaired voters to vote in secret, especially with advances in modern technol ogy. The Parliamentary Registrar began to work with Vision Bermuda to understand their concerns and find ways to create and use assisted devices that would allow the visually impaired voters to vote more independently. Together they devised a solution using combined technical and electronic devices to assist voters. This will allow visually impaired voters the abi lity to vote in secret like anyone else. This corrobor ation is ongoing, and we expect to have clear instructions and testing of technical devices in the coming months. Mr. Speaker, the discussions around a dvanced polling for travellers has also been a conten-tious issue for some time. In the past, voters have had to make application to the Registrar for permission to vote in advance, if they intend to be absent from or travel to or from Bermuda on the polling date. This generally required voters to present themselves to the Registrar with pr oof of travel prior to going to the advanced poll in order to receive an advanced polling certificate. The voter would then take the certificate to the polls on the designated advanced polling date and present it to the returning officer who would then all ow them to vote. This process is seen as inconvenient by voters and has created challenges for the Parliamentary Registrar’s office over the years. Therefore, to make it more convenient and user -friendly for voters who i ntend to travel, the application pr ocess is being r emoved from the Registrar’s office. Voters will therefore be allowed to take their travel document directly to the polling station where the returning officer will inspect the documents and, if satisfied, issue a certificate to the voter and allow them to vote at that time. Mr. Speaker, in keeping with the objective to maximise a pool of eligible voters, consideration has been given to both parolees and non- institutionalised sick and shut -in incapacitated voters. These two groups of voters have previously not been able to vote as we currently have no legal provisions to allow them to do so. Mr. Speaker, allowing parolees to vote has been a subject of much debate over the years. There are those who are in support of doing so, and others who are opposed to it. Section 77 of the Act provides for the Commissioner of Prisons to forward to the Parliamentary Registrar’s office a list of those persons who are disqualified from voting because they are serving a term of imprisonment. That list also specif i-cally identifies parolees, i.e., those persons who have been released on licence under section 12 or 13 of the Prisons Act 1979. Prior to the 2017 General Election, 80 persons were listed as being on parole, nine of whom were not registered to vot e. The proposal is for the Act to be amended to allow persons lawfully released on licence by the Parole Board to be qualified to register and vote in an election. This amendment would not contravene any constitutional provisions and would mean that parolees will no longer be ineligible to vote as they will be excluded from the list of disqualified voters that the Commissioner of Prisons provides to the Parliamentary Registrar’s office. If the parolee, prior to the expiration of his term of imprisonment, fails to comply with any requirements of law or his licence he or she will be required to serve his or her unex-pired imprisonment term. This will mean that the parolee will also lose the right to vote if returned to pri son. Mr. Speaker, under the current l egislation an advanced poll is helpful to three categories of voters. They are: travellers, incapacitated voters, and voters who live in institutions. Any hospital, home for the aged or other institution for the treatment of any chron ic illness or disabili ty with permanent accomm odations for five or more patients may apply to the Reg-istrar to hold an advanced poll at that institution. If the Registrar is satisfied with the application, she appoints a time and date for those institutions to be visited by a team of Returning Officers and those persons are then able to cast their vote in advance. Likewise, an advanced poll for incapacitated voters who need additional time to get into the polling station, or who have scheduled medical procedures and were not al lowed to be present on the polling date to cast their vote, are allowed to vote in advance and are given a certificate of incapacity by a medical practitioner. However, Mr. Speaker, there is another cat egory of persons who have not typically been consi dered—specifically, those voters who are sick and shut-in and unable by mechanical or other means to go to a polling station and cast their vote. Though the numbers of persons in this category are not con-firmed, the Parliamentary Registrar regularly gets r equests to visit private residences during election per iods. As we have an ageing population and persons with debilitating health issues, our ability to visit them at their private residence will ensure that all eligible voters are given the opportunity to exercise their right to vote. Mr. Speaker, the effects of COVID -19 have introduced a new normal. And, like the rest of the world, Bermuda has to adapt. That adaptation i ncludes making provision for social distancing within an election room and polling plac e—including institutional and soon- to-be added in -home polling places —as defined in the Parliamentary Election Act 1978 (the 4500 17 July 2020 Official Hansard Report
Bermuda House of Assembly Act), together with affording more categories of persons the opportunity to vote in advance polls. Whether in response to a spike in COVID -19 cases, a new outbreak, or any other health emergency, or simply due to an extraordinarily harsh flu season, Bermuda must make provision to protect the health and safety of all electors. The objective is to keep the current process in place during normal times as prescribed in the Act, and during a crisis, to ensure that the Parliamentary Registrar’s office can be proactive and agile enough to adjust its requirements accordingly. Mr. Speaker, Bermuda can achieve this by giving the Parliamentary Registrar flexibility by way of discretionary power in the Act to reduce election room polling places issues during normal time as well as during emergency or unprecedented times such as those we currently are experiencing. The scope of the discretion being proposed will be restricted to oper ational matters. For example, in relation to room configuration within the polling stations allowing the unr estricted flow of voters, if an election were called today, the Act provides no flexibi lity [for] the Registrar to effect crowd control by ensuring that there are smaller numbers of voters, political party agents and others working inside of an election room at the same time. To date, in order to make even minor changes to the configuration of an election room the Registrar has to rely on a very liberal interpretation of section 45 as read in section 36 of the Act. Polling station operations are guided by the Rules in the Schedule to the Act. This amendment is not for any adjustment to be m ade specifically to the Rules, as that would lead to even more rigid stipul ations and not the flexibility required by operational functionality at the polls. The Registrar will be in the same position as experienced today. The discretion being sought will allow the Registrar within the confines of an election room and polling places to change the setup to accommodate social distancing, ensure safe facilities, ensure an interference- free process for the checking of credentials with ample space for election a gent workers and the requisite space between electors. Mr. Speaker, the COVID -19 crisis also hig hlighted the Registrar’s lack of discretion in granting who can vote in an advance poll and the lack of di scretion to expand the timeframe in which such a pol l can be conducted. If an election were called today, the Registrar would not be able to expand the categories of persons voting in an advance poll to include, for example, our most vulnerable population of seniors who account for approximately 40 per cent of regi stered electors. Such discretion will be an effective tool in the Registrar’s arsenal for alleviating large numbers of persons in the same venue on polling day, long lines outside the election rooms due to physical di stancing requirements and long wait times. The Regi strar requires, only when necessary, the flexibility to increase the days or numbers of times an advance poll can be held and, more importantly, to identify additional categories of persons who would be allowed to vote during a specific advance poll. Mr. Speaker, the timelines as set out in the Act for the completion of election between the dissol ution of Parliament and the polling day have become increasingly difficult to navigate for the Parliamentary Registrar’s office, especially o ver the last two elections. We now propose to add new events to the time period that will require additional organisation and time to complete. Therefore, we are amending the timeframe for the polling date for both general elections and bye- elections to be at least 40 days after the issue of the writ of election. Mr. Speaker, in general, the proposed amendments seek to maximise the pool of eligible voters and improve the integrity of the voting process by allowing persons not normally able to vote ind ependently or not previously entitled to vote in an election the opportunity to do so, and by ensuring that the Parliamentary Registrar’s office can effectively plan, coordinate and execute the election process. Mr. Speaker, in closing I would like to thank the Parliamentary Registrar, Ms. Tenia Woolridge, and the staff of the Parliamentary Registrar for their continued work and dedication to the department. I would like to also thank the members of Vision Bermuda who continue to work together with the Parli amentary Registrar’s office in developing the tools to assist visually impaired voters. Thank you, Mr. Speaker. [Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair]
The Deputy SpeakerDeputy SpeakerThank you, Minister Furbert. Are there any further speakers? Hon. L. Craig Cannonier: Mr. Deputy Speaker. Hon. Lovitta F. Foggo: Yes, Mr. Deputy Speaker. Sorry, I will defer to the Opposition Leader.
The Deputy SpeakerDeputy SpeakerMr. Cannonier, Opposition Leader. Honourable Member, you have the floor. Hon. L. Craig Canno nier: Thank you, very much, Mr. Deputy Speaker. Let me first thank the Honourable Minister Furbert for the overview that he has just given. It was quite thorough. The Shadow Minister, Pat Gordon-Pamplin, and I had …
Mr. Cannonier, Opposition Leader. Honourable Member, you have the floor. Hon. L. Craig Canno nier: Thank you, very much, Mr. Deputy Speaker. Let me first thank the Honourable Minister Furbert for the overview that he has just given. It was quite thorough. The Shadow Minister, Pat Gordon-Pamplin, and I had the opportunity to review this ahead of t ime. Although I did hear one or two new things, in general we were given the opportunity to sit down and have a conversation concerning this particular process and amendments that we are going through. I do believe in the integrity of what we are di scussi ng. One thing that I have said is that COVID -19
Bermuda House of Assembly has really brought about many changes, even to the electoral process that we engage in. We can now see with these amendments that it has had an effect on just about everything it is that we do. And so as the Minister has gone through, quite detailed actually, I appreciated the many cha llenges that we have had with our electoral process. It is good to see the few things that he has brought forward. What I will note is that he mentioned that he wanted to increase the pool of those being able to vote. This is a good thing. I do believe that with these amendments it probably has not hit the greatest number of those who have not been able to vote. That is most likely our students who are away. So at some point in time I am expecting that we will move further ahead with quite possibly absentee balloting, which I know that both this Government and the OBA Government were looking at, and how we can strengthen up the integrity of something like that taking place. We k now that there are many challenges with absentee balloting. But that will probably constitute even a larger pool than the changes that we are seeking right now to effect. So I am grateful for the effort here in what is being done. It makes sense. There is no argument. We will be looking for some clarification on some of the clauses, Mr. Deputy Speaker, but the i ntegrity of this is very, very, very . . . sound. I have always have felt that the Parliamentary Registrar needed more time to prepare. And, of course, we have seen in the past when it comes to polling stations the challenges that we have had there. So it is good to see that this amending Bill is regularising it so that the people will know exactly where they have to vote. And the only person that can change that, of course, is the Parliamentary Registrar. We have talked about advance polling. And it was interesting in my first time getting involved heavily in politics or the electoral process in 2011 when I saw it during the bye- election, you know, y ou have this advance polling. And, quite frankly, there were some people who could not get out of their room, or bed, to be able to vote. We were able to go to the senior homes, but we could not go to a person’s personal home. And then with the advance pol ling, it being more than one day makes sense. Especially with the new times that we are living in, COVID -19 really has put everyone [INAUDIBLE]. We cannot in all cases be crowded together as we have seen many times in elections past, where there could be up to 50, 60 pe ople in line, just looking to get the opportunity to vote. So with the other part that we are looking at, the major part of it being able to allow persons who are invalid to be able to vote, that probably really struck home to me more than anything. There may not be a whole lot of people who fall into this category, but because they are of sound mind why would we allow them to be left out of this democratic process? So this is a good thing that we see happening. I was hoping that the Minister would have gi ven us a bit more information as to where he is with absentee balloting. Maybe when he closes out he might tell us whether or not they are moving toward that direction, because, you know, our young people have always felt that we are not inc luding them enough. This would go a long way in advancing that opportunity. So with that in mind, I do have some questions concerning a few clauses, so we will get to that. But, again, the process that we are going through right now I am appreciative of t he opportunity that is [INAUDIBLE].
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member, Opposition Leader, Mr. Cannonier. Minister Foggo. Hon. Lovitta F. Foggo: Yes. Thank you, Mr. Deputy Speaker. I am elated to be able to participate in this debate. Can you hear me, Mr. Deputy Speaker?
The Deputy SpeakerDeputy SpeakerI hear you loud and clear from St. George’s. Hon. Lovitta F. Foggo: Okay. I’m sorry. I am elated to be able to participate in this debate. And I want to thank my honourable colleague, Minister Furbert , for bringing these changes forward. In fact, any change that a government …
I hear you loud and clear from St. George’s.
Hon. Lovitta F. Foggo: Okay. I’m sorry. I am elated to be able to participate in this debate. And I want to thank my honourable colleague, Minister Furbert , for bringing these changes forward. In fact, any change that a government would seek (and, in particular, I am speaking about my Gov-ernment) to make with respect to the voting process, which allows the inclusion of different people who make up a communi ty is a change in the right direction, and is a change that enhances democracy. With that being said, it is something that I would think any parliamentarian would embrace, because it speaks to a more representative government in that Minister Furbert is engaged in looking at mechanisms that would allow those who are vision impaired to be able to have the benefit of casting ballots confidentially. Minister Furbert is ensuring that changes are being made that recognise that we have a community of ageing peopl e who may not very easily be able to get out of their homes and go out and vote. And those changes are mechanisms that would allow such persons to be able to participate in the parliamentary pr ocess, which they may not have been able to do before, or at least not have been able to enjoy doing in the same way that others who do not have such en-cumbrances, are able to do. Again, that speaks to an advancement of democracy. I can remember a time when (I believe it was 2006) the former PLP Government, in responding to lobbies from persons in the broader community who were unable to read, but felt that it is was important to be able to express their voice through their vote, pushed to have the ballot changed in such a way that 4502 17 July 2020 Official Hansard Report
Bermuda House of Assembly it had pictures of the candidates. I was a part of that process. And it brought me great pride, because at the end of the day it meant that the Government understood and accepted the importance of being able to allow all persons, regardless of their limitations, to be able to participate in a process. I can tell you of the many, many, many complimentary comments that were expressed by those persons in that type of situation who finally were able to go to the polls and be able to participate, because even if we have a situation where one is not able to read, many still are quite aware of what goes on within this society. And because they know the importance of having a vote . . . because, really, policy is determined with that vote because the Government that one puts in basically operates under a certain ideol ogy and philosophy. And those ideologies and philos ophies dictate the types of policies that they implement. So policy begins with the vote. And such pe ople being able to participate in the vote, because they did not have to rely on whet her or not they would be able to read that person’s name correctly —whether it was PLP, UBP or Independent —now being able to visually recognise the candidate that they felt would best speak to their needs as a person in the community, were able to put their vote in that ballot box, and in so doing felt that they were operating under a Go vernment that cared about them regardless of what their circumstances were. And again today, the changes in the Parli amentary [Elections] Act that the Minister seeks to i mplement would create more opportunities for those who are encumbered in any way and in so doing recognises the hindrances that prevail when the Parli amentary Registrar has to try and operate under a rea lly tight window. [This] would seek to make changes to give sufficient time for that said person to be able to put in place conditions that allow persons not to be hindered. [This] is certainly a move in the direction of any democracy. Democracy over all . . . and may I read this quote, Mr. Deputy Speaker?
The Deputy SpeakerDeputy SpeakerYes, continue. Hon. Lovitta F. Foggo: “Democracy” (over all is said) “is not an easy form of government, because it is ne ver final; it is a living, changing organism.” And the Minister and the Government of the day recognising that have responded to that. And in so doing, going …
Yes, continue. Hon. Lovitta F. Foggo: “Democracy” (over all is said) “is not an easy form of government, because it is ne ver final; it is a living, changing organism.” And the Minister and the Government of the day recognising that have responded to that. And in so doing, going forward, I dare say that we will see a more representative form of Government because of the fact that the mechanisms that we are putting in place are allowing more voices to be heard. And by being able to include persons such as parolees who for the most part have served their time and have demonstrated that they are now at a point where they can operate within society. I have been at polling st ations in the past where parolees have shown up (not realising at that point in time that they did not have the right to vote) to cast their vote. And I have seen the impact that that has had on such persons. And I am happy the “dial” is being moved forward where those who have demonstrated that they are rehabilitated and who for the most part have served their time are likewise being given a voice. And so when we open the doors for persons, regardless of their disabilities, regardless of their ci rcumstances, to be able to participate in their fund amental right to vote —and I w ould dare say one of the most important rights —we again have ensured that we are embarking down a road that enhances the democratic process and demonstrates that as a d emocracy we are caring, we are in step with our people and that we are a democracy recognising that things constantly change. And as they change we are willing to operate in a manner that allows for such change and in so doing enhance the democratic process. So I want to say thank you to the Honourable Minister for bringing these amendments. I know that going forward it will say to the people of Bermuda and those who have the right to vote that we hear you as a people. We understand that we are a diverse people, and we are doing all that we can to make certain that we take those with us under consideration and we are going to make certain that we are putting the mechanisms and policies in place that recognise those d iversities and allow you to have a voice, as you should. When Government is coming from the people, so to speak, then you have the greatest form of de-mocracy. And it happens when people are allowed to participate in the voting process unencumbered. So thank you, Minister Furbert, for bringing this. And Mr. Deputy Speaker, I think that I have pretty much touched on the points that I wanted to speak to. I want to just end by saying that I am ex-tremely happy that we are advancing democracy. Thank you.
Hon. Jeanne J. Atherden: Mr. Deputy Speaker. MP Atherden.
The Deputy SpeakerDeputy SpeakerYes. The Deputy Speaker recognises Honourable Member Ms. Atherden. You have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Deputy Speaker. I have just a few points to make, one of which was made earlier by my Leader, but I think it is som ething . . . especially …
Yes. The Deputy Speaker recognises Honourable Member Ms. Atherden. You have the floor.
Hon. Jeanne J. Atherden: Thank you, Mr. Deputy Speaker. I have just a few points to make, one of which was made earlier by my Leader, but I think it is som ething . . . especially bearing in mind that the previous speaker j ust elaborated and talked so much about making sure that people have the opportunity to participate in the democratic process. It just reminded me that by not getting to the stage of allowing absentee balloting that we are actually making sure that lots of people who normally would be entitled to vote are now not able to participate.
Bermuda House of Assembly I am really concerned about it because I know that just before the change of Government, when we were the Government, there was —
The Deputy SpeakerDeputy SpeakerMs. Atherden, can you put your picture up, please? Hon. Jeanne J. Atherden: Can I put my picture up? Just a moment.
The Deputy SpeakerDeputy SpeakerYes. I want to see if it is you. Hon. Jeanne J. Atherden: Wait a minute. Are you getting me?
The Deputy SpeakerDeputy SpeakerYes, okay. [Laughter] Hon. Jeanne J. Atherden: Okay. Do I need to still have it up?
The Deputy SpeakerDeputy SpeakerI won’t answer that, but conti nue. [Laughter] Hon. Jeanne J. Atherden: Okay. So anyway, I . . . So is that okay? [Inaudible interjection] Hon. Jeanne J. Atherden: All right, so I will continue. So the reason I felt the need to talk about this just a little further …
I won’t answer that, but conti nue.
[Laughter] Hon. Jeanne J. Atherden: Okay. So anyway, I . . . So is that okay?
[Inaudible interjection]
Hon. Jeanne J. Atherden: All right, so I will continue. So the reason I felt the need to talk about this just a little further is the fact that the previous speaker talked about all of those people who are now going to get the opportunity through some of these amendments to be able t o vote, which I believe is an excellent idea. But it then just reminded me of all those other people who will not be able to vote because we have not progressed the ability to have absentee ba lloting. And I say the ability to have absentee balloting becaus e I know from the two elections, and some previous elections by being a returning officer, that lots of people are off the Island at different points in time, whether it be for vacation, whether it be for work, whether it be for medical conditions, et cetera. Ther efore it seems to me that in Bermuda, where you vote is very important —and sometimes seats are won or lost by just a few votes —that absentee balloting would be something that would be a natural extension of the entire voting process. And the reason I say that is because we are not like the US where you have the elections at a certain time of the year where people can know that it is coming and they can prepare themselves accordingly. But even in the US they have the ability to have absentee balloti ng. But here the date of election can be called at any time depending on whether there is a vote in the House, or a Leader decides that they are rolling the dice and just deciding to go back to the polls. So it means that all of those things in terms of people being able to vote become a factor. Now, I know that in the past sometimes we looked at people and said, Okay, summertime is a time to call an election (if they thought that all of those people who might not be their supporters were going to be off the Island). Therefore they’d call it then. While some other people might say that certain times of the year were good because they thought that all of their supporters are going to be on the Island. But, to me, it is very important that everybody who takes the opportunity to get themselves registered should have the opportunity to cast their ballot at the appropriate time. Now, when we talk about the elections and we talk about voting, et cetera, I guess it just triggers my mind to the fact that we still have this process of, you know, when people turn 18, as they do in other places, they automatically become eligible and therefore they are enrolled in the process. Or, as it stands with us, where you have to actually go and register to be voting. And I woul d like to think that as we go through time . . . because Bermuda is unique in the sense that we are an Island, and over time just about everybody is here. You know, you are born, you are here, you stay, even if you go away to school and come back. And especially if we are now going to start to have what I call this unique identifier of Bermudians, we should then be able to say that you are a Bermudian, you reached 18 and automatically you should be on the electoral rol l because that, to me, is once more one of those extensions to make sure that the process is enhanced to make sure that anybody who is eligible to vote gets registered and votes. I guess that probably brings me to the second part, which is this whole thing about eligible to vote. The whole thin g relates to people who are in constit uencies and the size of each constituency, where you have one constituency with 1,400 people voting and another constituency where you might only have 1,200 [voting]. So this whole thing of one man, one vote of equal v alue, then, is not as accurate as one would think it should be. But then that also turns around into the other part of the process, which is r elating to when people move one would like to think that when they move they get moved to the constit uency that they go into and the system should be able to turn and say that. And I say that the system should be able to do that because I am believing that this is getting back to the unique identifier, that when we start to get this unique identifier we will know whether you are regi stering your car, whether you are doing your land tax, whether you are filling in another government form, that the Government would be able to know where you are and be able to put some information to the 4504 17 July 2020 Official Hansard Report
Bermuda House of Assembly Parliamentary Registrar to say th is person needs to change. And I guess it also raises the concern in terms of whether some of that information is being given out in terms of, you know, where people live and things like their email addresses and their telephone [numbers], because we still do have people who call up and say, How come I got an invite to go to a particular event from a particular party when I did not give out my email address. How did I get it? Now those types of things —
The Deputy SpeakerDeputy SpeakerOh, I’m sorry. I was muted. Point of order. What is your point of order? POINT OF ORDER
Mr. Christopher FamousPoint of order. This particular Honourable Member from constituency 19 continues to insinuate that one party is given information and that the other party is not. This is completely false. If we have information, the same information is sent to both parties at the same time every month, Mr. Deputy …
Point of order. This particular Honourable Member from constituency 19 continues to insinuate that one party is given information and that the other party is not. This is completely false. If we have information, the same information is sent to both parties at the same time every month, Mr. Deputy Speaker. And I will r eject this to the highest order every time it is mentioned.
The Deputy SpeakerDeputy SpeakerHonourable Member Atherden, the Parliamentary Registrar’s Office cleared that up some time ago. Please stay away from that. There i s no evidence to any such allegations.
The Deputy SpeakerDeputy SpeakerWhat is your point of order? POINT OF ORDER [Misleading]
Mr. Scott PearmanIt is MP Pearman. I am afraid that the Honourable Member is mi sleading the House. You are quite right, Mr. Deputy Speaker, the Parliamentary Registrar did clear it up, but what she said was that the information was provided to one party, namely the PLP, and not to the …
It is MP Pearman. I am afraid that the Honourable Member is mi sleading the House. You are quite right, Mr. Deputy Speaker, the Parliamentary Registrar did clear it up, but what she said was that the information was provided to one party, namely the PLP, and not to the other. She stated that publicly and it can be read publicly.
The Deputy SpeakerDeputy SpeakerPlease stay away from that. That is my . . . if you cannot bring the evidence t onight, please stay away from that. I mean, you could be right, but I am not clear. Stay away — Hon. E. David Burt: Point of order, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerYes, Honourable Premier. POINT OF ORDER [Misleading] Hon. E. David Burt: Mr. Deputy Speaker, I know that the Honourable Member from constituency 22 was not in the House of Assembly at the time. But when the [Member] who is speaking right now, the Member for constituency 19, was the Opposition …
Yes, Honourable Premier.
POINT OF ORDER [Misleading]
Hon. E. David Burt: Mr. Deputy Speaker, I know that the Honourable Member from constituency 22 was not in the House of Assembly at the time. But when the [Member] who is speaking right now, the Member for constituency 19, was the Opposition Leader, she made the same accusations inside the House of A ssembly. And on 1July 20th [2018] during the motion to adjourn I made sure I read out the investigative article which stated v ery clearly that the One Bermuda All iance, and the former Deputy Chair, Mr. Michael Branco, had a system that was recommended by him and the emails were provided to the One Bermuda All iance. So this conversation about things being pr ovided to one side and not the other is not true, and the records of this House reflect that, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Premier. I would urge all Members to stay away from that. It is not true. Continue. Hon. Jeanne J. Atherden: Mr. Deput y Speaker, I think I was clear in terms of what I just said. I said, when you have people now saying that their information …
Thank you, Honourable Premier. I would urge all Members to stay away from that. It is not true. Continue.
Hon. Jeanne J. Atherden: Mr. Deput y Speaker, I think I was clear in terms of what I just said. I said, when you have people now saying that their information is being received . . . I did not go back and talk about what happened before, et cetera, because I know that there was lots of conv ersation. And I am not going to reflect back on what was said because I heard the ruling. But we still have instances where
1 Official Hansard Report , 20 July 2018, pp 2920- 2921
Bermuda House of Assembly people are saying that their information in terms of email was not given out as part of the —
The Deputy SpeakerDeputy SpeakerHonourable Member, let’s stay away from that. Continue down a different road, please. Hon. Jeanne J. Atherden: All right, Mr. Deputy Speaker. I am going to continue down my road. The second part of my road relates to the whole question of whether the parliamentary process is sufficiently robust, that …
Honourable Member, let’s stay away from that. Continue down a different road, please.
Hon. Jeanne J. Atherden: All right, Mr. Deputy Speaker. I am going to continue down my road. The second part of my road relates to the whole question of whether the parliamentary process is sufficiently robust, that the Parliamentary Registrar is aware when people are changing and leaving from one constituency and going to another constituency. I know that part of parliamentary process is being advised when people are actually moving. But I also do know from going out and canvassing that you get to a constituency and you knock on someone’s door and the person says, Oh, she doesn’t live here. She moved. And then you try and find out where the person moved to. And you have to try and become the inspector or the detective to try and find out where they moved to. So I do realise that —
The Deputy SpeakerDeputy SpeakerMs. Atherden, will you yield to a point of clarity. Hon. Jeanne J. Atherden: I will, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Honourable Member Famous. POINT OF CLARITY
Mr. Christopher FamousMr. Deputy Speaker, ev eryone who canvasses encounters someone who has moved. The only way to find out if they have moved is to continue canvassing. Do not put the onus on the Parliamentary Registrar.
The Deputy SpeakerDeputy SpeakerThank you. Hon. Jeanne J. Atherden: Mr. Deputy Speaker, I think my colleague is missing the point. The Parliamentary Registrar has a respons ibility throughout the year, which is why they have the staff to be able to go out and do what I call the rolling reviews. And all …
Thank you.
Hon. Jeanne J. Atherden: Mr. Deputy Speaker, I think my colleague is missing the point. The Parliamentary Registrar has a respons ibility throughout the year, which is why they have the staff to be able to go out and do what I call the rolling reviews. And all I am saying is that by doing the rolling reviews the Parliamentary Registrar w ould get more information about where people have moved to. I can know that the person has moved; but I do not actually know where the person has moved to. And I am not going to get into a further debate with the Honourable Member. I am going to go on as i t relates to the concern that I was trying to make—
The Deputy SpeakerDeputy SpeakerContinue. Hon. Jeanne J. Atherden: —which is the fact that it is very important that we continue to make sure that anybody who is eligible to cast a vote be able to do it which, to me, is getting registered as quickly as poss ible when you are 18, to …
Continue.
Hon. Jeanne J. Atherden: —which is the fact that it is very important that we continue to make sure that anybody who is eligible to cast a vote be able to do it which, to me, is getting registered as quickly as poss ible when you are 18, to the other side of it which is that if you are going to be away —and it is not just our students —the ability to be able to cast your vote, which means the absentee ballot is going to be ver y important. But the other part which I found interesting was the suggestion about the parolees. I just wanted the Minister to clarify if someone gets incarcerated, then at that point in time obviously when you are knocking on a door or whatever else, they are not there. And you do not actually happen to know that they are not there because they are incarcerated. I guess my question then becomes, When they are el igible for parole, how is one able to know that they are now eligible for parole and therefore eligible to vote at the next election? Parolees are then able to be back out into the community. So it just crossed my mind that one has to make sure that parolees are given the information about whoever their candidate is, what their party stands for so t hat they have the opportunity to be able to think about who they might want to vote for before the election comes around. You do not want people just having to go and say, Oh, you see that picture there? That’s the person you vote for. You want to be able to get into a position where people understand that this is what the party stands for, this is what their candidates do, and then hopefully be able to vote for the individual that they believe best represents the things that they want for the country and t he ideals that they have. So, Mr. Deputy Speaker, I just wanted to say that I believe that lots of these things are excellent changes. I would like to think that as we go forward the absentee balloting will continue because, Mr. Deputy Speaker, it was so c lose to being implemented. But you have to have the desire to do that. And I would like to think that the current Government will have the desire and will continue having that conversation with the Parliamentary Registrar. And as I said before, use the ben efit of the unique patient identifier which Bermuda is supposed to be working towards as a way to make sure that everybody out there gets their vote and everybody out there gets into the proper constituencies so that you won’t have unequal constituencies. Thank you, very much, Mr. Deputy Speaker.
4506 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Deputy Speaker: Thank you, Honourable Member Ms. Atherden. The next speaker is the Honourable Minister Diallo Rabain. Minister, you have the floor. Minister, Rabain, we can’t hear you.
[No audible response]
The Deputy SpeakerDeputy SpeakerMinister Rabain, will you u nmute your microphone? We cannot hear you. Go ahead, Minister. [No audible response]
The Deputy SpeakerDeputy SpeakerWe still can’t hear you. Are you having technical difficulties, Minister, because we do not hear y ou? Hon. Diallo V. S. Rabain: Can you hear me now, Mr. Deputy Speaker? I am speaking. Can you hear me?
Some Hon. Members Some Hon. MembersYes. Hon. Diallo V. S. Rabain: Can you hear me, Mr. Deputy Speaker?
The Deputy SpeakerDeputy SpeakerYes, I hear you, Minister. [Crosstalk; F eedback] Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Speaker, there are a few other people who have their microphones on.
The Deputy SpeakerDeputy SpeakerOkay. Hon. Diallo V. S. Rabain: Am I good to go now?
The Deputy SpeakerDeputy SpeakerYes, you are good to go, Mini ster. Hon. Diallo V. S. Rabain: Okay. Thank you, Mr. Deputy Speaker. First, I would like to thank those who have worked on this Bill, the Parliamentary Registrar and the Minister. Once again, Mr. Deputy Speaker, the Progressive Labour Party is leading the …
Yes, you are good to go, Mini ster. Hon. Diallo V. S. Rabain: Okay. Thank you, Mr. Deputy Speaker. First, I would like to thank those who have worked on this Bill, the Parliamentary Registrar and the Minister. Once again, Mr. Deputy Speaker, the Progressive Labour Party is leading the charge in ensuring that universal suffrage is a reality by ensuring that this franchise is extended to as many people as possible within the confines that we find ourselves in today.
[Feedback]
Hon. Diallo V. S. Rabain: Mr. Deputy Speaker, t oday’s amendment is continuing on the path that the PLP has blazed since 1963 when it comes to voting rights, enjoying the efforts to rid our Island of the racist voting restrictions of yesteryear. We are once again leading the way as the PLP beats the drum to remove things like the plus vote, the plus [INAUDIBLE], and the property vote, and the lowering of the voting age to 18, the removal of the requirement to register every year, and add to the process of one man, one vote with what we are seeing here today. Regard less of what anyone can say, Mr. Deputy Speaker, and we heard the previous speaker be-fore me talk about some things that can be improved, but regardless of what anyone can say, the PLP is always championing the cause to be sure that the people of Bermuda have a fair vote. Mr. Speaker, I am sure other Members will come behind me on this side of the aisle and let the OBA know that the PLP is a grassroots organisation that spends a lot of time knocking on doors and foster-ing personal relationships with the v oting people of Bermuda. I can personally name people within my constituency that have been unable to vote due to their circumstances —circumstances which are pr eventing them to having access to their voting rights, all due to medical issues or lack of mechanical means to leave their home. So, Mr. Deputy Speaker, anything that we do to help these people exercise their right to this franchise and decide on their choice of representative, a right that they have earned, needs to be put in place. And I thank t he Minister, and I thank the Parliamentary Registrar for putting this place, Mr. Deputy Speaker. Mr. Deputy Speaker, the ability to allow those on parole to vote is real progress. And it shows us moving in the right direction. As a result of the now - acknowledged, and especially because of what is go-ing on around the world now with the Black Lives Matter movement, the scourge of institutional racism, this has restricted those who are on probation to vote, a restriction that has unfairly affected people of c olour — mainly Black men of colour. Black Bermudians, Mr. Deputy Speaker. If we are a society that truly believes in rehabilitation and restorative practices, giving parolees the right to vote sends a message. It sends a message that we do wish to have them as equal members of our society. Mr. Deputy Speaker, we are sending a message that we believe in their rehabilitation, that they have proven that they have benefited from their incarceration, and we are accepting them as free members of our society. What better way is there to boost the confidence of those [INAUDIBLE ] served their time and are trying to integrate back into society? Mr. Deputy Speaker, the ability to widen the number of people who can qualify for early voting is yet another welcomed change. This amendment is one that I have personally championed for because I do believe that anyone who wants to vote early should be given that opportunity. I am very happy to see this
Bermuda House of Assembly amendment here today, although I do wish it went a bit further. Mr. Deputy S peaker, as early voting franchises are expanding around the world I am happy to see Bermuda is adopting this stance. As detailed by Minister Furbert, 40 per cent of our voting public is over 65 and fall within the vulnerable group in relation to our battle with COVID -19. Allowing the register to have such flexibility means that there can be proces ses established as needed to ensure that universal franchise is truly enjoyed by the voters of Bermuda. Mr. Deputy Speaker, earlier I mentioned about the legacy of racist policies in place that helped to prevent Black people of this country from having their right to universal franchise. We often hear the need, especially from the other side, to rush to immigration reform, but seldom recognise how it was used in th e past to widen the voter base in Bermuda while simul-taneously suppress the Black vote. This is something that needs to be understood. When we talk about vote, when we talk about immigration reform, we have to take in [consideration] these things that have been done in the past and understand that we are moving forward in a way that will make sure that everyone is enfranchised, Mr. Deputy Speaker. Those over 78 in our country will know what this is and will no doubt see this as moving in the right direction with what we are trying to do here. Anything done to ensure the voting franchise is expanded as much as possible should be welcomed and should be applauded. Mr. Deputy Speaker, I knew that there would be someone on the other side who would talk about absentee voting. I expected to hear people complain that what we are doing here today does not go far enough. But Mr. Deputy Speaker, every journey r equires a first step. Yes, absentee voting is something to address, and will be addressed in its due time. As I said, Mr. Deputy Speaker, every journey needs a be-ginning. It needs its first step. So as I come to my conclusion, Mr. Deputy Speaker, we need to recognise that the PLP has a lways been about making the movements to progres sing voting rights, and not jus t talking about it. We heard the previous speaker talk about things that were going to be done, that could be done, but they were not done. Mr. Deputy Speaker, there is plenty to cel ebrate in these amendments, and I wish that we would celebrate these advances instead of complaining about what should have or could have been done. It is easy to talk about what could have and should have been done but it takes action —actually doing the things that need to be done, Mr. Deputy Speaker. And the Minister and his t eam have shown that they are unafraid of the action needed and should be commended for getting this process started and getting it across the finish line. I look forward to better things for our Parli amentary [Elections] Act as we move forward, Mr. De p-uty Speaker, but we have to start somewhere. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy Speaker[Thank you], Mr. Rabain. Are there any speakers from the Opposition? Hon. Patricia J. Gordon -Pamplin: Yes, sir. It’s MP Gordon- Pamplin.
The Deputy SpeakerDeputy SpeakerMs. Gordon- Pamplin, continue. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, my comments are going to be ever so very brief. I did have the opportunity along with my Leader to have an audience with the Minister as he w as going through the …
Ms. Gordon- Pamplin, continue.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, my comments are going to be ever so very brief. I did have the opportunity along with my Leader to have an audience with the Minister as he w as going through the preparation for the Bill and the changes that they were intending to make to let us be aware of it. My Leader mentioned it in his presentation. There are a couple of things that I really want to underscore and to reiterate. In terms of enhancing what we are doing, we have the ability to modernise what we are doing as far as voting is concerned. We have the ability to embrace people who might otherwise . . . for whatever choices that they may have made they were disenfranchised and wer e unable to vote during various elections. And we have all come across homes in which we go someplace and the person will be there and they say, Well, thanks for coming. I can’t vote. And then you recognise that because of their parole status they are inel igible to be able to cast a ballot. And clearly legislative change now is one that [INAUDIBLE] and appreciate that it has come through. But Mr. Deputy Speaker, I have one comment to make and that is . . . we are talking this afternoon about enhancing dem ocracy. If we really want to enhance democracy we need to address the elephant in the room. We are dealing with a parliamentary register that is 22 years old. The newest register that we had was done in 1998, prior to that election. Subsequent to the elect ion, you will remember the history prior to, Mr. Deputy Speaker, in which there were annual reg-istrations required. And that was unpopular. It was . . . it just had negative connotations. And one of the first things that the PLP did upon their ascension to power in 1998 was to discard the requirement for annual registration. But what has happened subsequently is that we have a register where the nucleus is what was in place for the 1998 election. The Parliamentary Regi strar over time has made attempts to s end her team out and go into the fields and try to make sure that it is updated. But I believe, Mr. Deputy Speaker, that we need to have one whole . . . registration. I am not saying to throw out what we have. I am saying keep the register that we have, have another wholesale registration and have a system that matches the two. 4508 17 July 2020 Official Hansard Report
Bermuda House of Assembly Because I am sure I am not the only one who goes and knocks on a door and finds out that the person who is still registered in that particular home . . . there have been three or four tenants who have moved in since. The new tenants have bothered to register in that home. But the last . . . you know, the previous one and the penultimate one and the pre- penultimate tenants have not bothered to take their names off the register. I cannot fault the Parliamentary Registrar’s Office, I fault the people who are not fulfilling their [INAUDIB LE] that requires people to register within 30 days of a change of address. If people do not do that, the onus is on them. But it is very frustrating when you know full well that somebody does not live in that con-stituency and there is no way . . . you know, you can make objections. Who wants to object? You do not want to take people off the register. You want people to vote where they are supposed to vote. We go through the challenge of having a Boundaries Commission, and that Boundaries Commission looked at the empirical ev idence they possess, and then you find out that maybe 10 per cent or 15 per cent of that is not correct b ecause people have not changed where they are. And I think that if we start to look at including within this e nhancement of democracy, maybe once every five years, having a wholesale re- registration, maintaining the existing structure so you can match up and that way on a different basis you will be able to identify who you have to target and go after from a Parliamentary Registrar prospective to make sure that people are properly registered and registered in the right con-stituency. So that is the point that I wanted to make, Mr. Deputy Speaker, because 22 years is so outdated. There are people who have had children who are fully grown. You know, 22 years is an awful long time. It is [INAUDIBLE ] and I do not believe, with modern tec hnology, that we should be operating under a system with a nucleus that has such antediluvian connot ations. We all want to bring voting into the modern era, Mr. Deputy Speaker. And in order to do that —
Mr. Christopher FamousI love her passion. I love it. But let me reemphasise something that I said to the Honourable Member from constituency 19. If people canvass, they can see who has moved. And if you canvass you can find out where they moved to. Hon. Patricia J. Gordon -Pamplin: I take …
The Deputy SpeakerDeputy SpeakerContinue, Member. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Deputy Speaker. I take the Honourable Member’s point because I canvass and canvass and then canvass some more. It is kind of what we do. And they are not the only ones who canvass. What I am saying is that …
Continue, Member.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Deputy Speaker. I take the Honourable Member’s point because I canvass and canvass and then canvass some more. It is kind of what we do. And they are not the only ones who canvass. What I am saying is that if you go to a home, and the register shows that Ms. Smith is there, Ms. Smith has registered. You can speak to Ms. Smith. You are also showing Mr. Jones, and Mr. Thompson and Mr. Burgess in that same house. And we know that he does not live there. We do not have any way of knowing where they have gone. You ask the—
Hon. Diallo V. S. Rabain: Point of order, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Diallo V. S. Rabain: Point of order, Mr. Deputy Speaker. I understand what the Honourable Member is saying. I do believe that it is misleading. We have a process in place that you can file an objection with the Parliamentary Registrar if …
Point of order.
POINT OF ORDER [Misleading]
Hon. Diallo V. S. Rabain: Point of order, Mr. Deputy Speaker. I understand what the Honourable Member is saying. I do believe that it is misleading. We have a process in place that you can file an objection with the Parliamentary Registrar if you find somebody who is not living where they are regi stered to live, and the Parliamentary Registrar has the responsibility to investigate persons and strike them from the register if they do not [INAUDIBL E]—
The Deputy Speak er: But, Member, the Member stated that she does not want the objection; she stated that. So she understand s that.
Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Speaker. Hon. Patricia J. Gordon -Pamplin: I fully understand that. Thank you, Mr. Deputy Sp eaker. So, you were listening to me, but the Honourable Minister was not. I said, you know, no one wants to disenfranchise somebody. And sometimes when you are out canvassing in their . . . let’s say you go canvassing somewhere and you happen to be on a street and it is
Bermuda House of Assembly election week. That person cannot be changed, if you have not caught up with that particular constituent. And the fact that you find somebody in that home, there is nothing to say that the present resident knows where the previous resident went, even if you are canvassing in an off -election time. You find that. Yes, you can then say to the Registrar at that point in time, I was at 24 Loyal Hill Road and this person does not live there anymore, but they are still registered there. I am jus t saying that in the absence of having a wholesale registration maybe every five years, ma ybe every “ X” number of years, maybe just prior to when it is necessary to have a boundaries commi ssion, but something that says that we should not be operating with a database which is 22 years old. That is all I am saying. And I would like to see that as part of our mechanism going forward to be able to enhance the democratic process. I believe that it is crit ical, and I believe that it is easily obtained. It is not something that is beyond reach, because if we used to go from that ridiculous annual registration at that point in time, then we certainly could have a blitz and say . . . I know right now we probably don’t have any money to do it, but we could have a blit z to say, This is re-registration time and we are compiling a new register. Through mechanisms it is very easy to be able to match one constituent, one register , against the other to see if there are variances. And if there are variances —
The Deputy Spea ker: Member, Member, I think you have made your point. There are mechanisms in place, even whether we want to do it or not. That can be addressed. You have made the point.
Hon. Patricia J. Gordon -Pamplin: Yes.
The Deputy SpeakerDeputy SpeakerThe Member from the Government made the point. I think the solution is already there. So, can we move from there? Hon. Patricia J. Gordon -Pamplin: I just wanted to say that although the solution exists, Mr. Deputy Speaker, we are still not 100 per cent there. So I think …
The Member from the Government made the point. I think the solution is already there. So, can we move from there?
Hon. Patricia J. Gordon -Pamplin: I just wanted to say that although the solution exists, Mr. Deputy Speaker, we are still not 100 per cent there. So I think that it is important that we strive towards excellence. That is all I am saying.
The Deputy SpeakerDeputy SpeakerYou will never get 100 per cent. Hon. Patricia J. Gordon -Pamplin: There is probably somebody . . . nobody enjoys knocking on doors, ot her than MP Famous . . . there is probably nobody who enjoys knocking on doors more than I. I am not saying that other …
The Deputy SpeakerDeputy SpeakerSpeak for yourself. Hon. Patricia J. Gordon -Pamplin: I said very few people enjoy it more than me.
An Hon. Member An Hon. MemberI agree with that Honourable Member Burgess . [Laughter] Hon. Patricia J. Gordon -Pamplin: All I am saying is that we send in as much information as we can through the canvassing process. We deliver that i nformation to the Registrar as much as we can. We register new people …
I agree with that Honourable Member Burgess . [Laughter]
Hon. Patricia J. Gordon -Pamplin: All I am saying is that we send in as much information as we can through the canvassing process. We deliver that i nformation to the Registrar as much as we can. We register new people who are not registered when we find ourselves in a home. So the changes that are being encompassed in this particular piece of legislation are certainly welcomed and certainly have the support from our side of the aisle, Mr. Deputy Speaker. But we would like to see us go for it. Go for the gusto and do a wholesale re- registration. Thank you, sir.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member, Mrs. Gordon- Pamplin. The Chair recognises the Honourable Member Tinee Furbert.
Mrs. Tinee F urbertGood evening Mr. Deputy Speaker. I have great pleasure to be able to speak on this Bill this evening because it has been one month long awaited. We have actually worked on this and looked forward to changes to this piece of legislation for a while to be able to …
Good evening Mr. Deputy Speaker. I have great pleasure to be able to speak on this Bill this evening because it has been one month long awaited. We have actually worked on this and looked forward to changes to this piece of legislation for a while to be able to give persons who vote equal opportunity, full equal opportunity, to vote. We can always make further changes to this piece of legisl ation, as persons have mentioned in regard to absentee voting. But we are most definitely proud of these changes that are here today. As MPs we are legislators. That is what we do; we make laws. And we represent our constituents. Members have already talked about seeing constit uents bound in their homes and not being able to have the opportunity to participate i n voting. So, I mean, this is a huge, huge, huge step with these changes that we are looking forward to having made. I just wanted to clear up something, because I do believe that there are ample opportunities for an yone, any organisation, to have a regi stration drive or a blitz at any time. And I also know that the Parliamentary Registrar also updates their lists. So, to talk about a 42- year old registry is kind of unfair, because I am sure that Members of Parliament will know, or anyone who is running or who knows their constituency will know, that even persons who are deceased are dropped off the list.
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —
Mrs. Tinee FurbertTo say that — 4510 17 July 2020 Official Hansard Report Bermuda House of Assembly The Deputy Speaker: Is there a point of order? POINT OF ORDER [Mislea ding] Hon. Patricia J. Gordon -Pamplin: Yes sir. The Honourable Member indicated that an ybody can have a parliamentary drive. Yes, everyone …
To say that — 4510 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Deputy Speaker: Is there a point of order?
POINT OF ORDER [Mislea ding]
Hon. Patricia J. Gordon -Pamplin: Yes sir. The Honourable Member indicated that an ybody can have a parliamentary drive. Yes, everyone can do a parliamentary drive. It is the Government’s responsibility to have a focal and to have—
The Deputy Speake r: What is the point of order?
Hon. Patricia J. Gordon -Pamplin: The point of order is that the Honourable Member is misleading the House. The Honourable Member also said that I said that there is a 42- year old—
The Deputy SpeakerDeputy SpeakerYou said 22. Hon. Patr icia J. Gordon -Pamplin: —I said 22. It was in place since 1998.
Mrs. Tinee FurbertApologies. It sounded like “42. ” So I retract that. But I am making the point that there are changes to the parliamentary register. So we cannot act like there are no changes. There are changes. So, as legislators, we do change laws. When we get in power we have …
Apologies. It sounded like “42. ” So I retract that. But I am making the point that there are changes to the parliamentary register. So we cannot act like there are no changes. There are changes. So, as legislators, we do change laws. When we get in power we have that opportunity to change laws. And this is what we are doing with this piece of legislation. And then also, in time, all these organi sations that are out there and interest groups that are out there have the opportunity to make submissions to have their voice heard, to have equal opportunity in legislation that we create. And I urge organisations to continue to pour in and feed in, in r egard to legislation that they would like to see changed. MP Foggo spoke about the voting ballots being changed years ago to represent pictures and names, and that is a great, great, great change, particularly for those persons who cannot read or write. And we do not want to discriminate based on som eone’s inability to read and write and not give them the opportunity to vote. So that is one change which has made voting accessible. I think I would support any piece of legislation that increases one’s acce ssibility, which creates access. And this is one that is going to create access for our constituents. We do now allow voting to occur in residential homes, in nursing homes and group homes. And as a Government who encourages ag eing in place this was a no -brainer to allow voting to occur in people’s residences once they have permi ssion. So, kudos to this Government for pushing forward with such changes allowing a voter to fully participate in the voting process. I just also want to add to the change that w e are making, or the suggesting for the inclusion of tactile devices being used by our visually impaired, or low vision or blind population. I know that Vision Bermuda has been very instrumental in encouraging this change in our Parliamentary Election Act [1978], I b elieve back in 2017. I remember participating in kind of a trial period in which we were trialing certain devices to assist persons with low vision or who are blind to be able to participate in the voting process. And there were devices such as pen readers and cards that were maybe raised or embossed so that someone who was visually impaired could feel where they were actually having to put their X. So I am quite happy that this Government has taken the steps to be able to include persons who are visually impaired, low vision or blind in the voting process. I just want to thank Vision Bermuda who has been instrumental in creating access to voting for this population, because it will make a huge difference, particularly with our population who has a high rate of diabetes, which could affect someone’s vision. This is definitely a progressive change. So, I just want to again say thank you to Vision Bermuda and all of the other organisations that also help to make legislation inclusive. They are given the opportunity to still be able to vote in private, to be able to exercise their right to vote in independence with devices. So, this is empowering for such people who want to be able to vote independently. And this is not unusual in other juri sdictions who allow devices to be able to participate in the voting process. So this is not something new. But I do applaud us for moving and pushing this forward. It is actually amazing times that we would provide accommodation through the parliamentary register. I applaud them for doing a trial and making sure that this will happen. I just also want to speak to a piece of the legislation because now in this technology world where people have access to smart things, and they are taking pictures and videos of every thing, there is a piece in this [amending] Act where we are addressing, or making it unlawful to take pictures of your ballot. I do remember something circulating, I think it was during the last election, where someone had posted their ballot results. I am assuming that we are again being progressive in making this unlawful. It is, again, not unusual because in other jurisdictions you are not to be taking pictures. We like to take selfies, but, please, no selfies. We are not to be taking pictures of our ballots. Again, I applaud the Government in pushing forward with this initiative. There are things that we have to consider in crises, particularly like what we are going through now. And we will also see changes in this Act that will accommodate and make voting, should an election occur during this crisis period, safe from any comBermuda House of Assembly municable disease. We will put things in place to pr otect our people. So, we do not want people being unable to come out to vote because they do not feel safe. It is important may be for now or for the future ; we do not know what we may encounter . But it is good to have this progressive change within our legi slation to be able to provide for physical distancing as it relates to our parliamentary voting sites. So, again, I support t his legislation. There are questions, particularly in these COVID times, around being able to have access to our own writing utensils or our pens. I am hopeful that the Parliamentary Registrar . . . well, they always have them available. What sort of disinfectant techniques will be used, or what protocols will be in place even entering people’s homes ? I am sure we will have this covered should the time become present. But these are questions, particularly as we are going through crises, such as now, with th is COVID -19 event. Again, I want to applaud the Government, the Minister and the Parliamentary Registr ar for coming forward with this legislation which is a progressive piece of legislation. And we are thankful for what is being proposed here today. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member. Are there any other Members from the Opposition wanting to speak? [No audible reply]
The Deputy SpeakerDeputy SpeakerThere appear to be none. Brother Famous, Honourable Member, you have the floor.
The Deputy SpeakerDeputy SpeakerThose are Harris Bay colours, blue and white.
Mr. Christopher FamousBlue and blue. Mr. Deputy Speaker, first of all I want to thank the staff at the Parliamentary Registrar’s office, Ms. Tenia Woolridge, Ms. Sheila Jones, Ms. Smith [sic], and there i s also a young lady, she was a Ball, but she is also a Romaine. So, that is …
Blue and blue. Mr. Deputy Speaker, first of all I want to thank the staff at the Parliamentary Registrar’s office, Ms. Tenia Woolridge, Ms. Sheila Jones, Ms. Smith [sic], and there i s also a young lady, she was a Ball, but she is also a Romaine. So, that is first and foremost. And also there is Mr. Smith there as well. So let’s first of all remind ourselves that without them all of this becomes academic. Mr. Deputy Speaker, in racist America they practice voter suppression. In racist Bermuda we practice voter suppression. As the Honourable Mini ster Rabain stated earlier, we have a long history of voter suppression in different forms. At one point Blacks could not vote at all in Americ a, up until the 1960s. At one point Blacks could not vote at all in Bermuda. Then Blacks were allowed to vote only if they had property that exceeded a certain value. So what happened? Blacks who owned land saw their land suddenly devalued to prevent them from voting. Through the work of Dr. Roosevelt Brown (Dr. Pauulu Kamarakafego) and [the Committee for] Uni-versal Adult Suffrage group, they fought hard. And all persons were allowed to vote in the 19 th of May 1968 General Election whether they owned land or not. But then there were other loopholes. You have to be a certain age in order to vote; you have to be 21 to vote. But somehow Blacks were drafted into the Regiment and trained in how to use firearms and trained in how to kill other Blacks and whites who act up, but they were not allowed to vote. Then there was the annual voter registration drive, where if one did not get registered early they could not vote in a snap election. Voter suppression. Even the OBA in 2012 were tempted to bring voter suppression. May I read something, Mr. Deputy Speaker?
Mr. Christopher FamousI am quoting: 2“The OBA’s goal in requiring eligible voters to register every four or five years by a defined date, prior to a fixed term election, will move the process of voting in Bermuda forward by building on the experience of the past while not repeating its mistakes.” Well, …
I am quoting: 2“The OBA’s goal in requiring eligible voters to register every four or five years by a defined date, prior to a fixed term election, will move the process of voting in Bermuda forward by building on the experience of the past while not repeating its mistakes.” Well, how can you build on not repeating mi stakes if you are telling people they can only vote if they re -registe r every five years? I find it interesting that two of the previous OBA speakers (one of them is for Somerset and one is for St. George’s) brought this up, because I do not know how they can speak straight -faced to the public about getting re- registered t o vote every five years. Let me continue, Mr. Deputy Speaker. “There is a part of the current voter registr ation process that doesn’t work very well, and our suggestions are aimed at correcting this.” OBA Senator, Michael Fahy, January 2012. Anyone remem ber Michael Fahy? Same guy who gave property votes to people in the City of Ham-ilton. Mr. Speaker, I started off speaking highly of the Parliamentary Registrar staff. For anyone to say there is a part of the current voter registration process that does not work very well is insulting those ladies and that gentleman. Mr. Deputy Speaker, anyone who wants to get registered, or who moves, can simply fill out a form,
2 Royal Gazette 30 January 2012 4512 17 July 2020 Official Hansard Report
Bermuda House of Assembly Form 1, Form 1A, or Form 2. It is very simple. Your name, address, contact information, date of birth, assessment number, and you fill that in. I suggest that you photocopy it, and then take it to the Parliamentary Registrar. Ms. Sheila Jones is vigilant in following up on all voter forms that come in. She did yeomen work on the 2017 election ens uring that everyone who a pplied to vote was registered and properly registered. So I reject that. Mr. Deputy Speaker, the PLP of Dame Lois Browne -Evans, L. Frederick Wade, Walter Roberts, Walter Lister and so many others did away with voter suppression an d allowed for voter progression. Lik ewise the PLP of the Honourable David Burt, the late Walton Brown ( who started this process ), Minister Lovitta Foggo, yourself (the Bishop Derrick Burgess), MP Tinee Furbert, and all others now under the Mini ster Wayne F urbert will bring in political progression. Let me just talk to three point s, Mr. Deputy Speaker. The Honourable Member for constituency [23] paid me a compliment, and I thank her. I love to canvass. That way I meet our people; I get to know our people and our people know that we are real. Along the way we find people who have sound minds and sound spirits of all races. But they are physically unable to leave their homes due to physical conditions beyond their control. It is unjust that in a sophisticated country such as ours that these individuals, all of whom helped to build our Island home, are unable to participate in the democratic process because of a physical ailment. There is a growing ageing population. More and more of our beloved seniors, and, I suspect, some of us who are sitting here today may find ourselves unable to leave home one day. But we will be of sound mind and sound spirit. So I am happy to see that this Progressive Labour Party Government has taken the advice of the backbench and moved forward with this amendment. Mr. Deputy Speaker, let me move on to advanced travel, another key piece of advancement. It is really not efficient for persons to have to go up to the Parliamentary Registrar, try to find a parking spot, go up there and show proof of travel, then get a certif icate, then they have to wait until the advanced poll and then go cast their ballot showing their certificate. We know our people, Mr. Deputy Speaker. We know that some of Aunt Hagars’ children would say, No, I ain’t g oing through all of that. And what does that mean? They lost their democratic right to vote. So we have to do what we have to do to make it more eff icient. So, with this amendment persons can simply show up at the advanced poll, whether it be a bye - electi on or a general election, and show proof of travel and then cast their ballot. We know that there are co ntrols in place so people cannot vote twice. We know that. So, again, thank you to the Cabinet for listening to the concerns of many and bringing this f orward. Voting for parolees. Mr. Deputy Speaker, in the age of Black Lives Matter, we have come to grips with the systemic racism that has been put in place to hold back Black people, and in particular Black men. Mr. Speaker, for one reason or the other, 97 per cent of all persons incarcerated in Bermuda have been Black men. That is undeniable. Ninety -five per cent of them are incarcerated for non- violent crimes. Once they have served either one- third or two- thirds of their time, they are released on parol e for set periods of time. Once out in society , these young Bermudians work, they pay taxes, they take care of their families and they contribute to our economy. So why is it that they cannot get to vote? Is it because they are male? Is it because they hav e made a mistake once in their lives? They have paid their debt to society. Or, is it because they are Blacks who will most likely vote for a certain party? Let’s think about it. In America they practiced voter suppression by making it so that anyone who had served time in jail never ever got to vote again.
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
Mr. Christopher FamousMr. Speaker, in closing, we must separate ourselves from those racist policies in America and the racist policies and ideas of the UBP, and we must allow all those who are breathing, all who are of sound mind, and all who are willing, the ability to vote. I close here, …
Mr. Speaker, in closing, we must separate ourselves from those racist policies in America and the racist policies and ideas of the UBP, and we must allow all those who are breathing, all who are of sound mind, and all who are willing, the ability to vote. I close here, Mr. Speaker, by giving thanks to the late Minister, the Honourable Walton Brown, who started this process jus t after the 2017 election. I give thanks to his successor, the Honourable Wayne Furbert, and his Cabinet colleagues. And I give thanks to all of those on the backbench, including yourself, Mr. Speaker, who came up with the ideas to help shape this legislat ion. And I will end here by saying thank you once again to the Parliamentary Registrar’s office staff for all of their hard work. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Famous. Thank you, Deputy, for sitting in. Does any other Member wish t o speak?
The SpeakerThe SpeakerYou need a reflection of what you see here. Does any other Member wish to speak? Bermuda House of Assembly [No audible reply]
The SpeakerThe SpeakerNo other Member. Minister? Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I would first of all like to thank everyone who has spoken today. We have learned a lot. It is clear th ere are still things that we can do as a party and as a …
No other Member. Minister? Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I would first of all like to thank everyone who has spoken today. We have learned a lot. It is clear th ere are still things that we can do as a party and as a Government and as legislators moving forward to even improve voting going forward. I do not believe that the Opposition went too far in regard to the absentee ballot voting, from what I understand. But we are also looking into that. Integrity is all about how we deal with things like eligibility and security. But as time goes on I am sure we can make some further adjustments and amendments to the legislation going forward. We believe in improving dem ocracy , and if there is anything we can do, I am sure we will try to bring things forward in the future. But here we are. The PLP has made great progress in the past. And here we are in the present, and in the future we can make some further progress going forward. So, Mr. Speaker, with those few remarks, I would like to have the Bill committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. House in Committee at 9:00 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PARLIAMENTARY ELECTION AME NDMENT ACT 2020
The ChairmanChairmanHonourable Member, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Parliamentary Election Amendment Act 2020 . Mr. Furbert, you have the floor. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is self-explanatory. Clause 2 amends section— The Chai rman: You want …
Honourable Member, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Parliamentary Election Amendment Act 2020 . Mr. Furbert, you have the floor.
Hon. Wayne L. Furbert: Mr. Chairman, clause 1 is self-explanatory. Clause 2 amends section—
The Chai rman: You want to move— Hon. Wayne L. Furbert: I’m sorry, Mr. Chairman. I am hoping that we can move all the clauses, if the Opposition is fine with that or —
The ChairmanChairmanAre you asking me, or are you asking the Opposition? Hon. Wayne L. Furbert: I am asking the Opposition if we can move them all.
The ChairmanChairmanNo, y ou have to ask the Chairman. You want to do clauses 1 through 10? Hon. Wayne L. Furbert: Yes, Mr. Chairman. We can do clauses 1 through 10.
The ChairmanChairmanOkay. Well, continue. Hon. Wayn e L. Furbert: Mr. Chairman, clause 1 is self-explanatory, as I mentioned. Clause 2 amends section 3(2) to allow a person who is released from prison on licence be regi stered in the parliamentary register. Clause 3 amends section 4(2)(e) to allow a person who …
Okay. Well, continue.
Hon. Wayn e L. Furbert: Mr. Chairman, clause 1 is self-explanatory, as I mentioned. Clause 2 amends section 3(2) to allow a person who is released from prison on licence be regi stered in the parliamentary register. Clause 3 amends section 4(2)(e) to allow a person who is released from prison on licence, if registered in the parliamentary register, to vote at the parliamentary elections. Clause 4 amends section 27(5) to provide that the polling date for an election (both a general and a bye-election) must be at le ast 40 days after the issue of the writ of election. Mr. Chairman, clause 5(a) amends section 40 by repealing subsection (2), which provides that the Parliamentary Registrar is to issue a certificate to vo ters who expect to be away from Bermuda or to be travelling to or from Bermuda on polling day, enabling them to vote in an advanced poll. Clause 5(b) inserts into section 40 the new subsections (2C) and (2D), which require such voters to apply to the returning officer at the advanced poll with a copy of their travel document confirming their dates for travel from and to Bermuda. If satisfied that the application is made in good faith, the returning officer issues a certificate, which enables the voter to vote, be able to vote at the advanced poll. Clause 5—
[Feedback]
Hon. Wayne L. Furbert: Is there a question? Hello?
The ChairmanChairmanWe can hear. We can hear. Hon. Wayne L. Furbert: Okay. Clause 5(c) amends section 40(3) to reference the certificate issued under the new section 40(2C). Clause 5(d) amends section 40(3A) to provide that any advanced poll (not only an advanced poll r eferred to in that section) may be …
We can hear. We can hear. Hon. Wayne L. Furbert: Okay. Clause 5(c) amends section 40(3) to reference the certificate issued under the new section 40(2C). Clause 5(d) amends section 40(3A) to provide that any advanced poll (not only an advanced poll r eferred to in that section) may be held on more than one day. Clause 5(e) inserts the new subsections (4A) and (4B) into section 40. Section 40(4A) provides that where a parliamentary elector who is registered in the parliamentary register for a constituency in which a parliamentary election is pending is certified by a medical practitioner to be prevented by illness, infirm i4514 17 July 2020 Official Hansard Report
Bermuda House of Assembly ty or disability to be unable, even with mechanical or other assistance, to leave his or her place of res idence to attend an advanced poll for incapacitated voters under section 41, it shall be lawful for such parliamentary elector to record his or her vote at his or her place of residence on such date prior to the polling date as it is appointed by the Registrar. Section 40(4B) provides that an elector who wishes to have his vote recorded at his place of residence must apply to the Registrar for registration, and the Registrar may, if he is satisfied that it is reasonable to hold an advanced poll at such a place of residence, so regi ster it. Clause 5(e) also inserts the new section 40(4C) and (4D). Section 40(4C) empowers the Reg-istrar, if satisfied, that due to exceptional circumstances it is of interest of public health and safety to do, so by order designate additional categories of voters who qualify to record their vote at an advanced poll. Section 40(4D) provides that an order made under section 40(4C) is not subject to the Statutory Instrument Acts 1977, but shall be published in the Gazette and in such other manner as the Registrar thinks would best bring it to the attention of voters. Clause 6 amends section 41(1) to remove the restriction that an advanced poll under the section cannot be “earlier than seven days prior to the polling date.” Clause 7 amends section 52 to provide for blind or visually impaired persons to vote using a tactile voting device. Clause 8 amends section 60(3) to provide that while in the election room a voter shall not use a n electronic device (unless he is expressly authorised by the return officer to use that device) and shall not take or cause to be taken any image of a ballot paper. Clause 9 amends the Schedule (with respect of the rules for the taking of a poll) by addi ng that, notwithstanding anything in the Schedule, if the Regi strar is satisfied that due to exceptional circumstances it is in the interests of public health and safety to do so, he or she may impose requirements that provide for appropriate physical dist ancing between persons, or otherwise safeguarding the health and safety of persons in or at the election room. And clause 10, Mr. Chairman, provides for consequential amendments to the Parliamentary Election Rules 1979, the Referendum Act 2012 or any other Act or statutory instruments to be made by the Governor by regulations that are subject to the negative resolution procedure. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Honourable Minister. Are there any further speakers? Any speakers? Hon. L. Craig Cannonier: Opposition Leader here.
The ChairmanChairmanOkay. Opposition Leader, Mr. Cannonier, Honourable Member, you have the floor. [Pause]
The ChairmanChairmanMember, are you having difficulties, Mr. Cannonier? Hon. L. Craig Cannonier: My apologies. I t hought I was unmuting, and I muted.
The ChairmanChairmanOkay. Hon. L. Craig Cannonier: Yes. Let me put my camera on for this procedure. Clause 5, [proposed section 40](4C) . . . I guess I was looking just for some more clarification around the exceptional cir cumstances that we did not get a quite clear understanding of. Clause 5, …
Okay.
Hon. L. Craig Cannonier: Yes. Let me put my camera on for this procedure. Clause 5, [proposed section 40](4C) . . . I guess I was looking just for some more clarification around the exceptional cir cumstances that we did not get a quite clear understanding of. Clause 5, [pr oposed section 40](4C), “If the Registrar is satisfied that due to exceptional circumstances it is in the interests of public health or safety to do so . . .” I get the idea of pot ential COVID -19 situation, where we want the distance. But what might be some of those other exceptional circumstances that the Minister might have been thinking about that would warrant this?
The ChairmanChairmanMinister. Unmute yourself, Minister. Hon. Wayne L. Furbert: Mr. Chairman, shall I answer one at a time, or do you want to go through ever ybody?
The ChairmanChairmanNo. Go ahead, Minister. Answer now. Hon. Wayne L. Furbert: Okay. To get clarification, are you talking about any other exceptional circumstances? Hon. L. Craig Cannonier: That is correct. We understand COVID -19, because a large part of this came about because of COVID -19—it’s distancing. But certainly the intent …
No. Go ahead, Minister. Answer now.
Hon. Wayne L. Furbert: Okay. To get clarification, are you talking about any other exceptional circumstances?
Hon. L. Craig Cannonier: That is correct. We understand COVID -19, because a large part of this came about because of COVID -19—it’s distancing. But certainly the intent of this seems to be a wider range of exceptional circumstances.
Hon. Wayne L. Furbe rt: It could be . . . Well, we also mentioned it in our brief remarks that it could be other diseases that appear which could be outside of . . . could be some type of flu that may come up. Also, it could be some disaster that happened in Bermuda, and we m ay have to do something different — hurricane, storms, whatever it is.
Mr. Scott PearmanThank you, Mr. Chairman. I have a further question. Bermuda House of Assembly The Chairman: Yes. Continue, Mr. Pearman.
Mr. Scott PearmanThank you, Mr. Chairman. I do not know if my video is on or not. But I tried to—
The ChairmanChairmanYes. I hear you. Go ahead, Mr. Pearman.
Mr. Scott PearmanGood. Honourable Minister, I would be grateful to know in respect of page 3 of the Bill, clause 5, just below the section to which the Honourable Opposition Leader was speaking is a newly inserted section 40(4D) (“D” for David). And it says that where an order is made under …
Good. Honourable Minister, I would be grateful to know in respect of page 3 of the Bill, clause 5, just below the section to which the Honourable Opposition Leader was speaking is a newly inserted section 40(4D) (“D” for David). And it says that where an order is made under section 40(4C) it will not be subject to the Statutory Instruments Act 1977. And I would be grateful to know from the Honourable Minister why any Order made by the Parliamentary Registrar is g oing to be exempted from the Statutory Instruments Act? Thank you, Honourable Minister.
The ChairmanChairmanMinister. Hon. Wayne L. Furbert: What clause is that, Honou rable Member?
The ChairmanChairman[Proposed section 40](4D) on page 3. Clause 5, [proposed section 40](4D). Hon. Wayne L. Furbert: Honourable Member, I promise you I will get back to you on . . . Hold on. I am getting the words “because it is discr etiona ry for operational purposes only.” [Crosstalk]
Mr. Scott PearmanYes. I am sorry. I think I heard your answer, Honourabl e Minister, as being oper ational reasons. Let me just probe a little bit further b ecause it seems odd. The Statutory Instruments Act, as you know, is all about the ability to have parliamentary scrutiny over statutory instruments. …
Yes. I am sorry. I think I heard your answer, Honourabl e Minister, as being oper ational reasons. Let me just probe a little bit further b ecause it seems odd. The Statutory Instruments Act, as you know, is all about the ability to have parliamentary scrutiny over statutory instruments. And an Order is a statuto ry instrument. And the Parliamentary Elections Act is not exempted from the Statutory Instruments Act. So it is an Act over which Parliament itself should have scrutiny. And so it is just a bit odd to exclude this particular Order in this particular circumstance from parliamentary scrutiny. And I do not know why admini strative concerns would be a legitimate reason to ex-clude parliamentary scrutiny. Anyway, that is the question. Thank you very much. Hon. Wayne L. Furbert: Yes. I understand [that the] Hono urable Member is addres sing it or suggesting it to us. I can get further clarification and get back to you briefly.
The ChairmanChairmanAny further questions of the Minister? No further questions? Minister, you want to move the clauses 1 through 10? Hon. Way ne L. Furbert: Mr. Chairman, I move clauses 1 through 10.
The ChairmanChairmanIt has been moved that clauses 1 through 10 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 10 passed.] Hon. Wa yne L. Furbert: I move that the preamble be approved.
The ChairmanChairmanYes. It has been moved that the pr eamble 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. The Bill will be r eported to the House as printed. [Motion carried: The Parliamentary Elect ion Amendment Act 2020 was considered by a Committee …
The ChairmanChairmanThank you, Honourable Minister, Mr. Furbert. Mr. Speaker. House resumed at 9:12 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE PARLIAMENTARY ELECTION AMENDMENT ACT 2020 4516 17 July 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any …
Thank you, Honourable Minister, Mr. Furbert. Mr. Speaker.
House resumed at 9:12 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
PARLIAMENTARY ELECTION AMENDMENT ACT 2020
4516 17 July 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Deputy. Members, are there any objections to the Parliamentary Election Amendment Act 2020 being r eported to the House as printed? There are no objections. The Bill has been reported to the House as printed. Members, that brings us to a close of the O rders for today. We will now do the third readings for the Bills that have been done today. And we will start with the Minister of Home Affairs . . . no, Minister of F inance (sorry). Minister of Finance.
SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Ministers and Members of the Legislature (Salaries and Pens ions) Amendment Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING MINISTERS AND MEMBERS OF THE LEGISLATURE (SALARIES AND PENSIONS) AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its …
The SpeakerThe SpeakerMembers, the Bill has been read the third time by its title only and i s passed. [Motion carried: The Ministers and Members of the Legislature (Salaries and Pensions) Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMinister, continue. SUSPENSION OF STANDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker , I move that Standing Order 21 be suspended to enable me to move the Bill entitled Public Service Superannuation Temporary Amendment Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerMembers, any objections to that? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PUBLIC SERVICE SUPERANNUATION TEMPORARY AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerThe Bill has been read by its title the third time and passed. [Motion carried: The Public Service Superannuation Temporary Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerContinue, Mr. Speaker. SUSPENSION OF STA NDING ORDER 21 Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move the Bill entitled National Pension Scheme (O ccupational Pensions) Amendment (No. 2) Act 2020 be now read the third time by its …
The SpeakerThe SpeakerMembers, Are there any objections to that? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT (NO. 2) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third time by its title …
The SpeakerThe SpeakerThe Bill has been read the third time by its title only and has passed. [Motion carried: The National Pension Scheme (O ccupational Pensions ) Amendment (No. 2) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMinister. SUSPENSION OF STANDING ORDER 21 B ermuda House of Assembly Hon. Curtis L. Dickinson: I move that Standing O rder 21 be suspended to enable me to move that the Bill entitled Registrar of Companies (Supervision and Regulations) Act 2020 be now read for the third time by its …
The SpeakerThe SpeakerMembers, Are there any objections to that? No objections. Minister, continue. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING REGISTRAR OF COMPANIES (SUPERVISION AND REGULATIONS) ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill be now read a third by its title only and …
The SpeakerThe SpeakerThe Bill has been read the third time by its title only and has pass ed. [ Motion carried: The Registrar of Companies (Supervision and Regulations) Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe Minister of Cabinet. SUSPENSION OF STANDING ORDER 21 Hon. Wayne L. Furbert: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Parliamentary Election Amendment Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING PARLIAMENTARY ELECTION AMENDMENT ACT 2020 Hon. Wayne L. Furbert: I move that the Bill be now read a third time by its title only and passed. The Speaker: The Bill …
Are there any objections to that? No objections. Continue, Minister. [ Motion carried: Standing Order 21 suspended.] BILL THIRD READING PARLIAMENTARY ELECTION AMENDMENT ACT 2020 Hon. Wayne L. Furbert: I move that the Bill be now read a third time by its title only and passed. The Speaker: The Bill has been read by its title only for the third time and has now passed. [ Motion carried: The Parliamentary Election Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThank you, Ministers. Mr. Premier. BILL WITHDRAWN [Standing Order 48] GAMING (TRANSFER OF FUNCTIONS) ACT 2020 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, under the provisions of Standing Order 48, I move to withdraw the Bill entitled the Gaming (Transfer of Functions) Act 2020 that was tabled …
The SpeakerThe SpeakerYes. Hon. E. David Burt: Thank you, Mr. Speaker.
The SpeakerThe SpeakerMembers, the Premier has asked for us to suspend the rules so he can have the Bill wit hdrawn and replaced. Are there any objections to that? No. [Motion passed: The Gaming (Transfer of Functions) Act 2020 was withdrawn.]
The SpeakerThe SpeakerContinue, Premier. SUSPENSION OF STANDING ORDER 14 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 14 be suspended to enable me to introduce the following revised Bill for its first reading so that it may be placed on the Order Paper for the …
Continue, Premier. SUSPENSION OF STANDING ORDER 14 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 14 be suspended to enable me to introduce the following revised Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting. [ Standing Order 14 was suspended to allow the Honourable Premier to move a revised Bill for its first reading.] BILL FIRST READING GAMING TRANSFER OF FUNCTIONS ACT 2020 Hon. E. David Burt: T he Gaming Transfer of Functions Act 2020.
The SpeakerThe SpeakerMembers, Are there any objections to that? 4518 17 July 2020 Official Hansard Report Ber muda House of Assembly No objections.
The SpeakerThe SpeakerContinue, Premier. ADJOURNMENT Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until Friday, July 24th. And I do know that some of my Members would like to speak to the motion to adjourn, Mr. Speaker.
The SpeakerThe SpeakerOh, Mr. Premier, I had the gavel in my hand that time.
Some Hon. Members Some Hon. MembersMr. Speaker.
The SpeakerThe SpeakerMembers, yes. Continue. Hon. Michael H. Dunkley: Who are you acknowledging, Mr. Speaker?
The SpeakerThe SpeakerI think that was Mr. Dunkley’s voice I heard. Hon. Michael H. Dunkley: That is correct, Mr. Speaker.
The SpeakerThe SpeakerOkay. MP Dunkley, you have the floor. You have your 20 minutes. CABINET MINISTERS’ VIOLATION OF COVID -19 REGULATIONS AT BLU RESTAURANT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And good evening to colleagues. Mr. Speaker, I think by now everyone has seen the videos —dancing on tables, dancing …
Okay. MP Dunkley, you have the floor. You have your 20 minutes. CABINET MINISTERS’ VIOLATION OF COVID -19 REGULATIONS AT BLU RESTAURANT Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And good evening to colleagues. Mr. Speaker, I think by now everyone has seen the videos —dancing on tables, dancing on what looks like a bar, no masks being worn in very close quarters, Mo ët flowing, smoking cigars indoors, well - known people in attendance, government and private sector, and our COVID -19 regulations being destroyed. Mr. Speaker, as a result of thi s we saw two prominent Cabinet Ministers be dismissed. We have seen many different stories about the event. We have seen explanations that have not even held up for a short period of time, such as, I was on the way from the bathroom and I just did a 20- second jig with the saxophone. We have seen commitments for a $10,000 donation to Meals on Wheels, Mr. Speaker. But what we have not heard is exactly how we got to that place. Mr. Speaker, the events of that night, I believe on July 3 rd, have been a disaster for the Government. And the facts and the truth are still not known in many areas. Mr. Speaker, in reflecting on this night, I strug-gle to understand, I struggle to comprehend how two senior Cabinet Ministers, part of the very Government which night in and night out lectured people of Bermuda, Don’t tear it. Stay home. You’re under a curfew. Wear your masks. Social distance. And then it was changed to physical distance. I struggle, Mr. Speaker, to understand how the very people who night in and night out lectured us on the gravity of the situation that we had could go out and actually tear it themselves. Now, Mr. Speaker, they did not just tear it; they ripped it, they destroyed it and they did not even hide it. Now, how did we get to this point? Earlier today the Opposition asked questions during the Question Period in the House of Assembly. However, much remains to be known and to be uncovered. Much is still hidden away. Many questions were not answered. The new Minister of National Security said this morning in questioning that the Minister of Health was consulted. And quite rightly so that the Minister of Health should be consulted on matters like this. After all, the Minister of Health is the one who has the a dvice at her fingertips with the technical officers. The Minister of Health is the key person in formulating any regulation or rules that are required. No answer was given at the time, Mr. Speaker. Because it is important that we know the Mi nister’s advice on this exemption, did the Minister of Health . . . And it is quite simple, Mr. Speaker, and I ask this question to the Honourable Minister of Health tonight. Did the Minister of Health support or not support the exemption request? Simple question, Mr. Speaker. It cannot be a decision that was made by the Ministry of National Security, especially since the for-mer Minister was invited to the party. But the question to the Minister of Health is, Did the Ministry of Health, did the Minister support this exemption? Mr. Speaker, the Minister of National Security was asked this morning for a status report on the Government inquiry. And there was no answer. But the Honourable Premier quickly jumped in and stated that he launched the inquiry and the results are known. Well, all we know is that two Mini sters were dismissed and Blu was closed for two weeks. We do not know many other important answers to questions. Who conducted the inquiry for the Premier? If the i nquiry was finished, what were the guidelines for the inquiry? What has been the outcome of the inquiry other than what we know, that two Ministers have been dismissed and Blu has been closed for two weeks? Now, Mr. Speaker, as per the regulations, and the exemption order was very clear on what had to take place for this event to take place— not a charity event; it was a party, Mr. Speaker. It said that “1. All persons attending the event must wear a face mask and maintain appropriate physical distancing at all times. 2. Must adhere to Ministry of Health Guidelines pertaining to Indoor and Outdoor Dining.” Well, Mr.
Bermuda House of Assembly Speaker, it appears that that was not the case from the get -go. And another question to the Government Members: Were names and addresses of all attendees collected at the door? Obviously, this is a cri tical step as we try to combat COV ID-19. And if there are any outbreaks, no matter how small or larger, that contacts can be found out quickly so that people can be traced down. So in light of the significant challenge where we saw rules not only torn apart, but just thrown out the door, w ere the names and addresses of every person captured that night at the door? Now, Mr. Speaker, you have to take it just a step further. Because with an event like that, where all the rules and the regulations that the Government has preached to us incessantly since the end of March were thrown out the door . . . and we know that if an yone in that establishment on that night —because physical distancing was thrown out the door, because masks were not worn and many other violations —we know that if there was o ne asymptomatic person in that room that virus could have spread very quickly, Mr. Speaker. So, the question to the Honourable Gover nment: Will everybody in attendance that night be tes ted? If not, why not? If so, who will bear the burden of testing every one in attendance? Now, Mr. Speaker, obviously as a result of such a serious infringement on our ability to combat COVID -19 under the watchful eye of at least two Government Ministers, I have to ask the Government Members on what basis was the decision made to close Blu for two weeks before the Government even announces that the inquiry is compete? Or was that all the inquiry came out to—dismissing the Cabinet Mi nisters, imposing sanctions on Blu? Mr. Speaker, we learned in questioning this morning that w hen asked what reasons were given for the exemption to host this event, the answer was that it was for charitable purposes. And Meals on Wheels was mentioned. What was quite interesting that my colleagues identified and honed in on was that there was not one, but perhaps two applications on two di fferent dates. And perhaps the second application was as a result —
The SpeakerThe SpeakerWell, we will take a point of order. POINT OF ORDER
Mr. Wayne CainesMr. Speaker, there were not two applications. There were not two applications. That is definitely incorrect. There was another letter that came in, Mr. Speaker, as an addendum to the first letter.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank the former Minister for that comment. There was another letter that came in. So because of the [former] Minister’s interjection, now the question has arisen: Why the need for a second letter? Did Government refuse the …
Thank you. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I thank the former Minister for that comment. There was another letter that came in. So because of the [former] Minister’s interjection, now the question has arisen: Why the need for a second letter? Did Government refuse the request of the first letter and more information was required? Or did Government say that the original explanation was not sufficient and they needed to supply more details, Mr. Speaker? Mr. Speaker, while the Ministry of National Security, through the Minister, has g iven the exem ption, we note that Meals on Wheels was mentioned in the exemption. We find it curious to some extent that when these events became public and the videos started circulating, a donation was quickly made to Meals and Wheels. And when Meals on W heels was contacted about it, they said they did not know of the event. And now we learn, Mr. Speaker, that they act ually did not accept the money. This is indeed an unfortunate situation, Mr. Speaker, because, clearly, every charity in Bermuda is keen to have access to funding, especially under these critical times that we face, to have access to funding to continue their work. And Meals on Wheels is one of those charities that I am sure, Mr. Speaker, has been hard- pressed over the past months, especially with COVID- 19, in servicing those who were shut in. And the demand was probably even greater than before. So, $10,000 would have been accepted with much appreciation. But obviously, they turned it down because the events did not add up properly for them, and they did not want to be part of the contr oversy. But what I find strange about this, Mr. Speaker, is that I would think that anybody, if they were going to host an event and raise money for charity, which is laudable in itself (and I hope that people will continue to do it in the right way with the right organisation) . . . I would have thought that anybody would contact the charity that they had in mind first to get their support in actually using their name to do it; get the support of the venue that you were using to make sure the charity supported the venue, as well. And then perhaps even invite somebody from the charity to the event so they could see first -hand what is being done. This never happened, Mr. Speaker. And this leads me to believe, my humble opi nion, Mr. Speaker, that this was not ever to be a charity dinner. This [is] something in itself that still has to be uncovered. But this was never to be a charity dinner because if it was, it would not have come off like it has, Mr. Speaker. It w ould not have come off to be the event that people from one end of the Island have looked at with a gasp to say, I cannot believe what took place with our leaders leading the charge, Mr. Speaker. Now, Mr. Speaker, all of this comes against a backdrop that thousands of Bermudians are out of 4520 17 July 2020 Official Hansard Report
Bermuda House of Assembly work. Many Bermudians are struggling to make ends meet. Bermudians cannot find work. Hospitality and tourism are struggling to open, and it is going to be some time. Our children cannot attend their school. While they c an study from home and have virtual classes, they cannot attend their school. We know how important that is for them, to attend their school, to be with their friends, to compete, to play sports, all of those things, Mr. Speaker. Our children cannot attend their schools. We have seen violence on the rise with shootings, stabbings, even a home invasion. We have seen the rise of domestic abuse because of the lockdown, Mr. Speaker. All of this against the backdrop where we see videos of a party that, if anybo dy had looked at it on a Saturday or Sunday morning, they would go back and say, This can’t be 2020 in Bermuda. This is not where we are in the present time, Mr. Speaker. Paint the picture. Life for thousands of Bermudians is a real struggle, with not much hope on the horizon and no plan yet by the Government on where we are going to go and how we are going to get out of this. And counter that with a lavish party breaking all the rules, tearing it. Mr. Speaker, the PLP talk about Two Berm udas, and they jus t showed us what they meant by Two Bermudas. Now, Mr. Speaker, I raise this uncomfortable subject tonight because the Government cannot walk away from that. They cannot walk away from the subject, because the people of Bermuda deserve a full understanding as to what took place and why it took place. If this full understanding does not come to the people of Bermuda, this Government will continue to lose the trust and support of the people whom they serve. Now, Mr. Speaker, some people give the Honourable P remier credit for the dismissal of the two Ministers. In reality, Mr. Speaker, there was little choice. Simply put, their actions made the decision an easy one. You cannot set the regulations, you cannot implore people to follow them and then tear them up because you choose to have a good time. So, Mr. Speaker, the Government needs to answer these questions because the Opposition will continue to look for the answers. Now, Mr. Speaker, this party comes against the backdrop that we hear the Government say, day in and day out, We are nowhere near out of the woods yet. And I agree. The health concern has waned slightly, but COVID -19 is still a significant challenge, a health hazard to the world and to Bermuda. In addition, Mr. Speaker, we have not even started to address our economic concerns. Many people in the community do not even understand the enormous scope of these economic concerns. Next week I believe the unemployment benefit will end. What is next? Mr. Speaker, with great fan-fare, the Premier and the Minister of Finance an-nounced the COVID -19 Economic Committee. To date, weeks on, we have not had much of a report about where they stand. Mr. Speaker, I fully realise that we face challenges that no one thought we would face in January of 2021 [sic] . I fully understand and accept that a lot that we have had to do has been breaking new ground, making decisions that were so far removed from anything we thought we would have to do. But that still does not make an excuse for the behaviour we witnessed on the night of July 3 rd by Government Members as the rest of the community was told not to tear it, Mr. Speaker. Well, the Gover nment tore it. And now we have to rebuild it. And there are two ways we can approach that, Mr. Speaker. Give a full understanding and explanation of what happened there, no stone left unturned, and then to show us what the the economic plan is for Bermuda. And the Opposition is willing to sit down with the Government and discuss this plan. Time is not on our side. People are grateful f or the unemployment benefit, but time runs out in just a few days. And they are asking what is next, Mr. Speaker. Thank you for your time.
The SpeakerThe SpeakerThank you. SOCIAL MEDIA COMMENTS REGARDING DR. CARIKA WELDON
Lt. Col. Hon. David A. BurchMr. Speaker, she abruptly left her job at Oxford. She came home to help her country. She spent 14 days in quarantine and worked every day of those 14 days coordinating and designing the lab at Southside. She designed the COVID -19 drive- through testing facility. She recruited an army …
Mr. Speaker, she abruptly left her job at Oxford. She came home to help her country. She spent 14 days in quarantine and worked every day of those 14 days coordinating and designing the lab at Southside. She designed the COVID -19 drive- through testing facility. She recruited an army of young Bermudian students to teach them about her work. She has worked tirelessly to test as many residents as possible and produce those results in record time. Mr. Speaker, I ask the question: What employer would agree to such a sudden arrang ement if the person in question was not respected and held in such high regard by that employer? Of course, I speak of none other than the most distinguished, respected, educated, sincere, compassionate and humble, Dr. Carika Elshae Weldon. For the record, Mr. Speaker, I first met Dr. Weldon in person in November last year. She is an impressive young lady who simply exudes
Bermuda House of Assembly competency, sincerity and humbleness. The second occasion followed her release from quarantine on April 23rd. From that point I adopted her, and told her parents I had done so. I told her that she is now my daughter. As a fellow Bermudian, I am so proud of her accomplishments and impressed with her work that I committed to doing everything within my power to ensure her success. Mr. Speaker, MP, now Minister Renee Ming made an impassioned speech at the last sitting of this House about the value of women’s contributions to Bermuda, the workplace and politics. She specifically spoke to the plight of Black women and the virtues of encouraging their wider participation in the community. Following is my recollection of some of what she said, and I quote, “[ I]t is time for women, especially Black women, to stand up and take their place.” Stop sitting around and talking it. Get out there and make i t happen in whatever arena you can make a difference. Then get out and do it. Stop talking about what is not happening, and get out and make it happen. I wholeheartedly support that view, Mr. Speaker. However, I would like to go a step further in explori ng this concept and talk about the elephant in the room, the jealousy and envy of Black women t owards other Black women who are successful. You know what I am talking about, Mr. Speaker, the crabin-the-bucket mentality. And no, I am not saying that this b ehaviour is exclusive to Black women only. But that is whom I wish to address today. The same speech can apply to some of our Black brothers, and white folk as well. But today I have a specific reason for addressing the issue of Black women because the matter I wish to talk about concerns them. I feel co mpelled to speak to the disgraceful and malicious treatment Dr. Weldon has received. It started even before she arrived on these shores. I will admit that the first person to question her credentials was a white man less qualified than her, but simply exerci sing his white privilege to question the qualifications of any Black. He was soon joined by the white South African doctor whose blatant racism towards Dr. Weldon and all other Blacks in this country has already been revealed in posts made online. But the majority of those deliberately planning and plotting for her ult imate failure are Black women. And many of them work in the Ministry and Department of Health. Mr. Speaker, I have witnessed treachery before, but never to the extent being repeatedly visited upon Dr. Weldon. And please, no one suggest I do not know what I am talking about. I could name names today, Mr. Speaker, but I will not. The expectation is that these, my tempered comments tonight, will encourage those who have been acting in this manner or those supervisors who have provided either tacit or overt consent for others to do so, to make a concerted effort to fix this. Failure to do so will leave me with no choice but to call those names and take other actions to force them to correct their behaviour. Mr. Speaker, why would any bright young Bermudian— and there are countless numbers of them —want to return to this place when there are those who will happily spend every waking moment trying to tear them down? And may I also state that there are work permit holders who have been both nasty and disrespectful to Dr. Weldon. Mr. Speaker, there is no foreigner who should think they have l icense to disrespect Bermudians. They are guest workers in thi s country, and they should act like it. Mr. Speaker, of course there has been at least one Member of this House who falls into that category, as well. He should know that I will not hes itate to call his name if necessary. It will certainly r emove the mask of deception he likes to wear. Mr. Speaker, I am calling on all of these pe ople to cease and desist. This is personal to me and has nothing to do with my being a Minister, albeit, I am using that platform to make this statement. You are attacking one of my children. Many of us feel this way about all of our students. It is the duty of every senior villager in this country to ensure the success of the next generation. This Government, like previous PLP Administrations, has set a course to recruit, train, encourage, fund and employ young Bermudians. In Public Works alone we have 37 summer students, down from 56 last year. They are engaged in virtually ever aspect of this Ministry, from accounts to water management, and every area in between i ncluding engineering, estates, parks, Port Royal Golf Course, human resources, Tynes Bay, the Quarry Depot, the Prospect Depot, structures and the electr ical section. We are even supporting a student in the former Ministry Department of Land Title Registration. This demonstrates our seriousness as a Government and as Bermudians to support our young. We have tracked their progress during the school year and look forward to many of them returning this summer. In fact, two students returned this evening on the BA flight, aft er what has seemed like an interminable four months trying to get home. We look forward to welcoming them following their quarantine. Mr. Speaker, you would have to be inhuman or from Mars if you were not proud of these young people as you witness their growth and maturity each year. I just learned that one of my returnees is a new constituent of mine, who will be voting for the first time in the next election. I will be making arrangements, outside of office hours, of course, to visit and get him and his twin brother registered to vote. Mr. Speaker, we are developing an army of qualified, trained and competent young people, who we will ensure know that there is a welcoming env ironment for them to return home and take their rightful place in the country of their birth. Every Ministry in this Government is committed to this aim. Well, I am putting those on notice who wish to denigrate and make it 4522 17 July 2020 Official Hansard Report
Bermuda House of Assembly tortuous for any young person to return home that we will not stand idly by nor will we stand for it. And if you are a guest worker in this country, we will invite you to leave. That behaviour will not be tolerated. Dr. Weldon happily signed a contract with the Government of Bermuda that pays her zero dollars. Yes, you heard me right. She does not get a dime of our tax dollars. And I for one believe that contract should be renegotiated and she should be paid handsomely. But that is a fight for another day. What I want to focus on is the fact that she agreed to uproot her career and life at Oxford University to return home to help us. Mr. Speaker, I ask, How many of those people who are trying to tear her down would willingly give up a mere two cents of their salary to give back to this country? I hear crickets. Do I sound angry? You bet your last dollar I am livid. I ask some of those Black women who have been terrorising Dr. Weldon, Of all the barriers you have broken down, I cannot understand why you would erect them anew to block anot her talented Black woman. Again, I heard crickets. Mr. Speaker, I know some are going to be most uncomfortable, even angry with my remarks. I do not give a dickie- bird about their discomfort. They have committed what I consider to be the cardinal sin by attacking a brilliant young Black Bermudian for no apparent reason other than jealo usy and envy. As a villager in this country, Dr. Weldon and all young peo-ple striving to reach their full potential are connected to me. And so to attack them means you also attack me. They are not equipped to deal with such duplicity, a nor should they be. But, Mr. Speaker, rest assured I am so equipped, and I know several others who are as well. I am here to declare and decree that we will not stand idly by and allow them to get away with it. Mr. Speaker, do not take my word for how amazing Dr. Weldon is . It only takes a visit to YouTube to view the series of three knife- sharp interviews with Dr. Weldon for anyone who has not met her to learn how talented she is and how singularly focused she is on helping her country. You will also get to meet two of her students and learn what they think of her. I guarantee you, you will be impressed. Mr. Speaker, MP Tinee Furbert commented about Dr. Carika Weldon when the House last met. And she quoted Dr. Maya Angelou, who once said, “I come as one, but I stand as 10, 000,” as does Dr. Weldon. I agree with that sentiment and would like Bermuda to prove MP Furbert right by signing a pet ition in support of Dr. Weldon. We need to demon-strate to her that it is a very small minority of haters who want her to fail. And we wil l stand squarely b ehind her to ensure that does not happen to one of our own. Go to www.change.org/supportdrweldon to cast your vote. Mr. Speaker, I want to stress in the strongest possible terms that Dr. Weldon is the real deal. She has already put Bermuda on the map. She willingly answered the call to help her country. She did not sign up for all this foolishness. An all of us must show our support for this most outstanding young Bermudian, Dr. Carika E. Weldon. So sign the petition at www.change.org/supportdrweldon , and let her know that we stand firmly behind and with her. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerIt sounds like the Deputy Speaker. Deputy Speaker, you have the floor. SOCIAL MEDIA COMMENTS REGARDING DR. CARIKA WELDON Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speak er. Mr. Speaker, I certainly support and agree with the words of Minister Burch on Dr. Carika Weldon. I know her grandfather, Sinclair …
It sounds like the Deputy Speaker. Deputy Speaker, you have the floor.
SOCIAL MEDIA COMMENTS REGARDING DR. CARIKA WELDON
Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speak er. Mr. Speaker, I certainly support and agree with the words of Minister Burch on Dr. Carika Weldon. I know her grandfather, Sinclair Smith, former President of the Bermuda Industrial Union, Docks D ivision. I know he is even prouder than anybody. And I am just so proud that she is a Bermudian. She is a Black woman who carries herself . . . with all the crit icism she has taken, she still carries herself above the ignorance. What Colonel Burch said, she signed the contract with Government for nothing. I wou ld hope on her completion the Government gives her a special payment and makes no apologies for it. In addition, I think our Governor should bestow on her the highest awards or the highest honour that they can give Dr. Weldon. It is because of her we have one of the best systems as far as testing for COVID -19 in the world. And people do not want to give her due. I guess the reason why is because of her complexion, Mr. Speaker. So I applaud her. We in Bermuda love her despite what those who think different. They will never change. We understand that. So, Dr. Weldon, keep your head high. You have us behind you, despite whatever they say about you.
ALLEGED DRUG SCANDAL AT DUNKLEY'S DAIRY
Hon. Derrick V. Burgess, Sr.: Mr. Speaker, the speaker before Colonel B urch, Michael Dunkley, always wants facts and answers from us. But he gives no answers or facts about his case when they found drugs in his containers. Give us those facts and stop asking us for facts. You know, the reason why he asks us for facts on us, t hat is white privilege. And I am not going to waste any more time with his remarks. Mr. Speaker, when you talk about my two co lleagues, our two colleagues, [former] Minister Zane De Silva and [former] Minister Wayne Caines, these
Bermuda House of Assembly are two of the hardest -working Ministers I have seen in my career as an MP. These guys went beyond the call of duty. Let us take just Minister Caines, Mr. Speaker. During the pandemic, COVID -19, when we were locked down he attended, I am sure, well over 200 meetings.
Hon. Michael H. Dunkley: Point of order, Mr. Speaker.
Hon. Derrick V. Burgess, Sr.: Go ahead.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Honourable Member, week in and week, out misleads the House with his rubbish. If there are any cases that the police investigate, that is up to the police. If the Honourable Member has any information …
Point of order.
POINT OF ORDER [Misleading] Hon. Michael H. Dunkley: Yes, Mr. Speaker. The Honourable Member, week in and week, out misleads the House with his rubbish. If there are any cases that the police investigate, that is up to the police. If the Honourable Member has any information on any wrongdoing by any Member of the House, i ncluding me, put facts on the table. Do not make up fiction. Thank you, Mr. Speaker.
The SpeakerThe SpeakerContinue with your contribution. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, that is no fiction. I can give him a report on the chief investigat-ing officer. Michael Dunkley, you were not investigated, because of your white privile ge! Hon. Michael H. Dunkley: Mr. Speaker, that is total nonsense! And I …
Continue with your contribution. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, that is no fiction. I can give him a report on the chief investigat-ing officer. Michael Dunkley, you were not investigated, because of your white privile ge!
Hon. Michael H. Dunkley: Mr. Speaker, that is total nonsense! And I —
Hon. Derrick V. Burgess, Sr.: It is nonsense because it is you! Anybody else, it is not nonsense.
Hon. Michael H. Dunkley: Total nonsense, Mr. Speaker. And the Honourable Member is out of line, Mr. Speaker!
The SpeakerThe SpeakerOkay. Members, Members, Members. Hon. Michael H. Dunkley: Mr. Speaker, I ask that the comment be withdrawn. The Member is out of line.
The SpeakerThe SpeakerI have got it. Deputy, I take your point, but I think the comments may need to be withdrawn. But your point is made. Hon. Derrick V. Burgess, Sr.: What comments need to be withdrawn, Mr. Speaker?
The SpeakerThe SpeakerJust the personal piece in reference to the Member. Hon. Derrick V. Burgess, Sr.: What was the personal piec e? I made no accusations on him. I said it was drugs in his container. That is not mine; that is public knowledge. Hon. Michael H. Dunkley: That is wrong, Mr. …
Just the personal piece in reference to the Member. Hon. Derrick V. Burgess, Sr.: What was the personal piec e? I made no accusations on him. I said it was drugs in his container. That is not mine; that is public knowledge.
Hon. Michael H. Dunkley: That is wrong, Mr. Speaker! Hon. Derrick V. Burgess, Sr.: It was in the Dunkley container! Hon. Michael H. Dunkle y: Yes, Mr. Speaker.
Hon. Derrick V. Burgess, Sr.: Okay.
Hon. Michael H. Dunkley: Now, that is factual about the container. But, Mr. Speaker, individuals went to court, and they were incarcerated, Mr. Speaker.
Hon. Derrick V. Burgess, Sr.: I was not tal king about individuals. I am talking about Michael Dunkley.
Hon. Michael H. Dunkley: Yes, yes, because you want to stick it on me, Mr. Speaker. But if you will not hold this man to account, this House is in disrepute, Mr. Speaker. You cannot accuse somebody without facts, Mr. Speaker!
The SpeakerThe SpeakerMr. Dunkley, Mr. Dunkley. MP Dunkley, MP Dunkley. Hon. Michael H. Dunkley: Yes, sir.
The SpeakerThe SpeakerMP Dunkley. Hon. Michael H. Dunkley: Yes, sir.
The SpeakerThe SpeakerLet us come back to order here. Hon. Michael H . Dunkley: Yes, sir.
The SpeakerThe SpeakerBoth Members, Deputy and MP Dunkley. Hon. Derrick V. Burgess, Sr.: Yes, sir.
The SpeakerThe SpeakerThe comments were comments that have been in the public knowledge to the degree of the fact that there had been a container. Ther e was a container that was investigated. There were people who went to jail. Public knowledge. The comments that seem to be personal are whether or …
The comments were comments that have been in the public knowledge to the degree of the fact that there had been a container. Ther e was a container that was investigated. There were people who went to jail. Public knowledge. The comments that seem to be personal are whether or not Mr. Dunkley himself had been invest igated. And to support that, whether or not he had been investigated, off of my memory I do not know whether that had been public knowledge or not, or whether information had been provided whether or not that Member, Dunkley, had been investigated. 4524 17 July 2020 Official Hansard Report
Bermuda House of Assembly But the facts stand that there was a container. The container was found to have drugs. And individ uals were incarcerated because of it.
Hon. Michael H. Dunkley: Mr. Speaker, can I tell you some more facts?
The SpeakerThe SpeakerMember, I am trying to line out what was said thus far. Hon. Michael H. Dunkley: Yes, Mr. Speaker, but I am trying to help you with facts.
The SpeakerThe SpeakerWell, the question that was left open just now is the comment that implied that investigating yourself had not been done. And some facts do support that? Hon. Derrick V. Burgess, Sr.: I can table the papers next week in Parliament if you want me to, Mr. Speaker, the report. …
Well, the question that was left open just now is the comment that implied that investigating yourself had not been done. And some facts do support that?
Hon. Derrick V. Burgess, Sr.: I can table the papers next week in Parliament if you want me to, Mr. Speaker, the report. [INAUDIBLE ] officer. —
Hon. Michael H. Dunkley: Mr. Speaker, I would like to see those—
[Crosstalk] Hon. Michael H. Dunkley: I would like to see those papers tabled. Mr. Speaker, I had noth ing to do with that. Hon. Derrick V. Burgess, Sr.: I doubt that you did. Hon. Michael H. Dunkley: For the Member to stand in the Honourable House of Assembly and try to i mpugn somebody’s character and integrity is as low as you can get, Mr. Speaker. It i s despicable.
Hon. Derrick V. Burgess, Sr.: Mm-hmm. Yes. Yeah.
Hon. Michael H. Dunkley: And I will not tolerate an ybody impugning my character. Because while I am not perfect, I would never ever import scourge into our Island, Mr. Speaker! And if that Member wants to ride that horse, he can go ride it. Because he had better be careful about what he says about somebody. He will not attack me, and he will not attack any of my colleagues with his drivel, Mr. Speaker! Hon. Derrick V. Burgess, Sr.: Is that a threat? Hon. Michael H. Dunkley: Pure drivel!
[Crosstalk]
Hon. Derrick V. Burgess, Sr.: Is that a threat?
An Hon. Member An Hon. MemberMr. Speaker. [Crosstalk]
The SpeakerThe SpeakerThank you, Members. Here is how we are going to handle this. Here is how we are going to handle this. The points that we laid out as to being factual were factual. Both sides agree on that. The parts that needed further support . . . Deputy, you i …
Thank you, Members. Here is how we are going to handle this. Here is how we are going to handle this. The points that we laid out as to being factual were factual. Both sides agree on that. The parts that needed further support . . . Deputy, you i ndicated that you have a report that you are willing to table?
Hon. Derrick V. Burgess, Sr.: Yes, I will.
The SpeakerThe SpeakerI would ask you to table it next week. And then once it is tabled, we can speak from it being tabled. Hon. Derrick V. Burgess, Sr.: Not a problem.
The SpeakerThe SpeakerThank you. And in the meantime, wit hdraw and hold until we have it tabl ed. Hon. Derrick V. Burgess, Sr.: Well, I have not made an accusation, Mr. Speaker, to withdraw anything. [Crosstalk] Hon. Michael H. Dunkley: Mr. Speaker — Hon. Derrick V. Burgess, Sr.: If I had actually …
Thank you. And in the meantime, wit hdraw and hold until we have it tabl ed.
Hon. Derrick V. Burgess, Sr.: Well, I have not made an accusation, Mr. Speaker, to withdraw anything.
[Crosstalk]
Hon. Michael H. Dunkley: Mr. Speaker — Hon. Derrick V. Burgess, Sr.: If I had actually attacked him, I would do that. Hon. Michael H. Dunkley: It is a lot of nonsense, Mr. Speaker. He made accusations! Hon. Derrick V. Burgess, Sr.: Mr. Speaker, do not fall for —
[Crosstalk ]
The SpeakerThe SpeakerBoth Members! Both Members! Members! Members! Hon. Michael H. Dunkley: I do not want anybody to be attacked!
The SpeakerThe SpeakerMembers, Members, Members. The comment that was made was that, Mr. Dunkley, you had not been investigated. The other parts that we laid out, we all agreed were factual. The piece that the Member stated was that you had not been inv estiga ted. Hon. Michael H. Dunkley: But, Mr. …
The SpeakerThe SpeakerHe is now saying that — Hon. Michael H. Dunkley: Mr. Speaker, why would —
The SpeakerThe SpeakerHe is now saying — Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Speaker, why would somebody be —
The SpeakerThe SpeakerLet me finish. Mr. Dunkley, let me fi nish. He is now stating that he has documentation or evidence to support that you were or you were not. Hon. Michael H. Dunkley: Yes, but his document ation, Mr. Speaker, is something he can make up over the next week.
The SpeakerThe SpeakerWait, wait, wait! Hon. Derrick V. Burgess, Sr.: Make it up? I am not making it up.
The SpeakerThe SpeakerI am saying at this point that both of you, that we are going to move on from this point until the evidence can be produced. If the evidence cannot be produced, he will not be able to speak to it. [Inaudible interjection] Hon. Michael H. Dunkley: And, Mr. Speaker, …
I am saying at this point that both of you, that we are going to move on from this point until the evidence can be produced. If the evidence cannot be produced, he will not be able to speak to it.
[Inaudible interjection]
Hon. Michael H. Dunkley: And, Mr. Speaker, those comments need to be retracted! They need to be r etracted, Mr. Speaker!
The SpeakerThe SpeakerMr. Dunkley, what I have said to you on this ma tter tonight . . . the matter for tonight is closed. Next week the document has to be produced, and we will make a decision at that point as to whether or not there is any life for this …
Mr. Dunkley, what I have said to you on this ma tter tonight . . . the matter for tonight is closed. Next week the document has to be produced, and we will make a decision at that point as to whether or not there is any life for this for the future or if it is finished for good. But the points that wer e laid out as far as there had been a container, the container was co ntaining certain items, individuals went to jail —we all agree that was done. The point that then further that is in question now was your involvement. Let me put it that way, my words —not his words, my words .
Hon. Michael H. Dunkley: Mr. Speaker, I had no i nvolvement. I had no involvement!
The SpeakerThe SpeakerWait, wait, wait, wait. Let me finish. Hon. Michael H. Dunkley: I will let you finish. Yes,
Mr. Speaker.
The SpeakerOkay. Correct. Y ou are clearly stating that you had no involvement. The Member is saying that he has documentation that may prove otherwise. Hon. Derrick V. Burgess, Sr.: No, no, no. No, no, no, Mr. Speaker. N o, no. [INAUDIBLE ] Hon. Michael H. Dunkley: See, now he is …
Okay. Correct. Y ou are clearly stating that you had no involvement. The Member is saying that he has documentation that may prove otherwise.
Hon. Derrick V. Burgess, Sr.: No, no, no. No, no, no, Mr. Speaker. N o, no. [INAUDIBLE ] Hon. Michael H. Dunkley: See, now he is changing his tune, Mr. Speaker. Hon. Derrick V. Burgess, Sr.: I am not changing my tune, Mr. Speaker!
Hon. Michael H. Dunkley: He is changing his tune now. Hon. Derrick V. Burgess, Sr.: What I said to you—
The SpeakerThe SpeakerLet me finish. Let me finish. I am not finished. Hon. Derrick V. Burgess, Sr.: Okay.
The SpeakerThe SpeakerUntil I see those documents, I cannot rule on either side. So at this point, I am asking you . . . I am asking that this matter, this topic be stopped at this point until the document is produced next week. Hon. Michael H. Dunkley: So, Mr. Speaker —
The SpeakerThe SpeakerWhen I see the document, I can then rule on where he can or cannot go. Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Mr. Speaker. No problem. I will move away from that right now. Now, Mr. Speaker — Hon. Michael H. Dunkley: Mr. Speaker, this is unacceptable. So …
When I see the document, I can then rule on where he can or cannot go. Hon. Derrick V. Burgess, Sr.: Yes. Thank you, Mr. Speaker. No problem. I will move away from that right now. Now, Mr. Speaker —
Hon. Michael H. Dunkley: Mr. Speaker, this is unacceptable. So you can allow somebody on the floor of the House of Assembly, on a virtual floor of the House of Assembly, to make something up without any background to it and then bring them to you next week, Mr. Speaker? Totally unacceptable.
The SpeakerThe SpeakerMr. Dunkley, Member Dunkley. [Inaudible interjections]
The SpeakerThe SpeakerWhat I am asking is to cease . . . I have asked him to cease and desist on that line that he was going on tonight. He cannot go down that road tonight. The pieces that he stated that were factual, we all agree were factual. Anything else that …
What I am asking is to cease . . . I have asked him to cease and desist on that line that he was going on tonight. He cannot go down that road tonight. The pieces that he stated that were factual, we all agree were factual. Anything else that is not factually known at this point, he cannot go into. He has been asked to stop. We have agreed that that will not happen tonight.
Hon. L. Craig Cannonier: Mr. Speaker, he needs to retract those remarks. Hon. Michael H. Dunkley: Well, if that is your ruling, we will do it, Mr. Speaker, but it is a dangerous pr ocess. [Inaudible interjection]
The SpeakerThe SpeakerOkay. So we will end and cease on that tonight. The Member will have to produce for me sup4526 17 July 2020 Official Hansard Report Bermuda House of Assembly port of the comments that he has made. And if it has not been supported, the matter will have to be …
Okay. So we will end and cease on that tonight. The Member will have to produce for me sup4526 17 July 2020 Official Hansard Report
Bermuda House of Assembly port of the comments that he has made. And if it has not been supported, the matter will have to be a ddressed next week with the evidence either supporting or denying the route that he took.
Hon. Michael H. Dunkley: Mr. Speaker, while I can respect your authority as a Speaker, this is a danger-ous precedent to set. In the freedom of speech and not to impugn people’s integrity, this is a dangerous precedent. And you know what, Mr. Speaker? I have broad shoulders. I can take it.
Hon. Derrick V. Burgess, Sr.: Good.
Hon. Michael H. Dunkley: Because my heart is pure and my mind is clean, Mr. Speaker. But what about the weaker individuals whom people like MP Burgess will attack? It is unacceptable, Mr. Speaker.
An Hon. Member An Hon. MemberPoint of order, Mr. Speaker!
The SpeakerThe SpeakerI have asked that the matter ends here. I do not need any other support from anybody else. No, no. We will not take any input from anybody else. The mat ter on this topic is closed tonight. [Crosstalk]
The SpeakerThe SpeakerThe Member has indicated that it is his opinion he has a document that will support the view that he was going to. I have asked that until this House, until the Speaker has had eyes on that d ocument, we cannot go down that road. Once I have eyes …
The Member has indicated that it is his opinion he has a document that will support the view that he was going to. I have asked that until this House, until the Speaker has had eyes on that d ocument, we cannot go down that road. Once I have eyes on the document, I will then have to make a judgment as to whether or not the document supports continuation down that road or whether again the matter is not dealt with and the comments are withdrawn. Okay?
Hon. L. Craig Cannonier: It should be retracted until such time!
Hon. Michael H. Dunkley: Unacceptable. Unacceptable.
Hon. Derrick V. Burgess, Sr.: Do you want me to carry on, Mr. Speaker?
The SpeakerThe SpeakerDeputy, provided you stay away from that su bject. Hon. Derrick V. Burgess, Sr.: I promise I will honour what you said, Mr. Speaker.
The SpeakerThe SpeakerAnd naturally we will expect the doc umentation. Hon. Derrick V. Burgess, Sr.: Yes. You will get it. I am not going to make it up, either. Hon. Michae l H. Dunkley: Mr. Speaker, it is unacceptable. I have made my point. And I will make sure we follow this …
And naturally we will expect the doc umentation. Hon. Derrick V. Burgess, Sr.: Yes. You will get it. I am not going to make it up, either.
Hon. Michae l H. Dunkley: Mr. Speaker, it is unacceptable. I have made my point. And I will make sure we follow this through. This sets a dangerous prec edent, Mr. Speaker. If it can happen to me, it can ha ppen to anyone. And we should not allow people to go down that road, Mr. Speaker. I wait for the Member to find this document. I am sure he will be scurrying around to find something —
[Crosstalk]
The SpeakerThe SpeakerMr. Dunkley — Hon. Derrick V. Burgess, Sr.: —I have the document right here.
The SpeakerThe SpeakerMembers! Both Mem bers. Both Members. We will close the House this evening if you Members are not prepared to move forward. Hon. Derrick V. Burgess, Sr.: I am ready to move,
Mr. Speaker.
The SpeakerI asked that we close this matter and go forward. Hon. Derrick V. Burge ss, Sr.: Yes. I am with you, Mr. Speaker. Hon. Michael H. Dunkley: But, Mr. Speaker —
The SpeakerThe SpeakerI am fine going home early, you know. Hon. Michael H. Dunkley: But, Mr. Speaker — [Crosstalk]
The SpeakerThe SpeakerWe will not have this discussion around here. Hon. L. Craig Cannonier: Mr. Speaker, the remarks need to be retracted until next week! They need to be retracted until next week!
The SpeakerThe SpeakerThe Member . . . the Member has been told to leave this matter alone for tonight. The co mments that were made indicated that there was inte ntion by . . . not the word intention, but there were i mplications. And I have asked him not to go …
The Member . . . the Member has been told to leave this matter alone for tonight. The co mments that were made indicated that there was inte ntion by . . . not the word intention, but there were i mplications. And I have asked him not to go down that road until he produces the evidence. Okay? And he will not go down that road or we will close the House. Hon. Michael H. Dunkley: Well, Mr. Speaker, he would be better off —
Bermuda House of Assembly The Speaker: I have taken a ruling, gentlemen. I have taken a ruling.
Hon. Michael H. Dunkley: Okay. I respect that. But you know what? I will be back next week, Mr. Speaker.
The SpeakerThe SpeakerI expect you to be back. [Crosstalk] Hon. Michael H. Dunkley: I will be back and the dri vel that MP Burgess put out will have to be retracted.
The SpeakerThe SpeakerDeputy. Hon. Derrick V. Burgess, Sr.: Yes, sir. Hon. Michael H. Dunkley: Absolute drivel.
The SpeakerThe SpeakerDeputy. Hon. Derrick V. Burgess, Sr.: Yes. Do you want me to continue, Mr. Speaker?
The SpeakerThe SpeakerProvided you will move on. ACKNOWLEDGING WORK DONE BY FORMER MINISTERS CAIN AND DE SILVA Hon. Derrick V. Burgess, Sr.: Yes, sir! Mr. Speaker, I have agre ed with you for the last 10 minutes. I am ready to move on. Mr. Speaker, let me say about [former] Mini ster …
Provided you will move on.
ACKNOWLEDGING WORK DONE BY FORMER MINISTERS CAIN AND DE SILVA Hon. Derrick V. Burgess, Sr.: Yes, sir! Mr. Speaker, I have agre ed with you for the last 10 minutes. I am ready to move on. Mr. Speaker, let me say about [former] Mini ster Caines. [Former] Minister Caines used to go out on a daily basis during the closure/shutdown to visit the troops, see how they were making out. He would go down to the airport when all those flights were coming in just to see that everything was all right. Every night he would go out to the shelter for the homeless to check, see if they were all right. This is what he did, Mr. Speaker. Also, Mr. Spe aker, if there was a shooting or any type of disturbance like that, that [former] Minister would be there. That is what he did. He was one of those Ministers, like Zane De Silva, who would give you his last pair of shoes and not have any for hi mself, Mr. S peaker. These guys did yeoman service— yeoman service. And, Mr. Speaker, when it comes to Zane, another one. I heard a fellow on the radio the other day. This fellow has got some serious physical cha llenges.
[Inaudible interjection]
Hon. Derrick V. Burg ess, Sr.: And he needed some tyres for his car. Zane told him, Come down and get your tyres. And when he went in to pay, it was free. He went back another day upon [former] Minister Zane De Silva’s invitation. There was an envelope for him. And he said when he looked in the envelope and saw what was a cheque, the tears flowed down his eyes. Zane hires people when he does not even need them just to give them a job to make some money for food. This is the one who goes and gives —helps these people with grocer ies. I have seen him go in his poc ket to help people go to school overseas. Every year he has a back -to-school party for the children. [Former] Minister Caines has a back -to-school party for the children, has their hair cut and all of that type of thing. These guys are sincere and genuine! Yes, they made a mistake. But does this one mistake erase all the good things they continuously do? No. We do not do that. These are some good people, good people. And [it is] with their participation, their contribution, their commitment that we have got one of the highest ratings in the world to deal with testing—them and the rest of the Government. And we are not going to let that put a scar on their face, on their body, on their name! No! We are going to lift them up because they deserve to be lifted up! These guys . . . I am so proud to call them friends. I am so proud they are my colleagues because of their sincerity and how genuine they are. Despite what has happened to them, they will continue to give like they have been giving for years. And they do not ask for anything in return. So to my colleagues, to the Government, I am pleased at how the Government has handled this pandemic. And we are so proud of this Government. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak?
The SpeakerThe SpeakerYes, it sounds like Mr. Famous?
Mr. Christopher FamousYes. I am going to tr ead carefully because I am sure others want to get in on the action, too. Mr. Speaker, three years ago . . . Can you see me, Mr. Speaker?
The SpeakerThe SpeakerYes. ACKNOWLEDGING WORK DONE BY FORMER MINISTERS CAIN AND DE SILVA 4528 17 July 2020 Official Hansard Report Bermuda House of Assembly Mr. Christopher Famous: Okay. Jus t making sure. Three years ago a poll showed that the bi ggest concerns of the people of Bermuda, of this I sland, …
Yes.
ACKNOWLEDGING WORK DONE BY FORMER MINISTERS CAIN AND DE SILVA
4528 17 July 2020 Official Hansard Report
Bermuda House of Assembly Mr. Christopher Famous: Okay. Jus t making sure. Three years ago a poll showed that the bi ggest concerns of the people of Bermuda, of this I sland, were racism and gun violence. As a Gover nment, we faced those challenges head- on. So let me add to the chorus and start by thanking former Mini sters Zane De Silva and my cousin Wayne Caines for their tireless works. It kind of pained me earlier today to see some Members of the Opposition, the UBP Members of the Opposition, attempt to twist every little answer that the newest Minister of Nationa l Security gave in order to try to paint a picture of something underhanded going on. I will not dwell on that, Mr. Speaker. Hon. L. Craig Cannonier: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER Hon. L. Craig Cannonier: We j ust went through a situation of speculation, and now the Honourable Member is speculating on the intent of the questions that were being asked. If we are going to continue in this vein, we need to end the …
The SpeakerThe SpeakerMembers — Hon. L. Craig Cann onier: People were only asking questions to get to the details of what is going on. And whenever PLP is asks a question, it has got to be some kind of conspiracy behind it.
The SpeakerThe SpeakerThank you, Member. Hon. L. Craig Cannonier: And this Honourable Member leads it!
The SpeakerThe SpeakerThank you, Opposition Leader. Member —
Mr. Christopher FamousSee, I would ask him a certain plane ride, but I will leave that alone.
The SpeakerThe SpeakerHonourable Members — [Crosstalk] Hon. L. Craig Cannonier: [INAUDIBLE] about a drug dealing! Why don’t we go dow n to that? Want to speculate? Hon. Michael J. Scott: Mr. Speaker. Hon. L. Craig Cannonier: I was dealing with you!
The SpeakerThe SpeakerMembers. I have muted everybody b ecause you all need to listen. It has been a long day. W e can have this m otion to adjourn on an even keel, or we can close the House— one of the two options. I am not having it any other way. …
Members. I have muted everybody b ecause you all need to listen. It has been a long day. W e can have this m otion to adjourn on an even keel, or we can close the House— one of the two options. I am not having it any other way. I am asking every Member who comes to their microphone tonight to remember that each side of this House, the Government and the Opposition, has a role to play. The Opposition, as any Opposition would be, will ask questions. No matter who the Government was or who the Opposition is, their right is to ask questions. And because they are asking questions does not mean there is anything untoward because the questions have been asked. It is part of the role that the Opposition plays —no matter who the Oppos ition would be. And I ask Members to reflect that if they were Opposition today and had incidents happen similar, would they be asking questions? Mr. Famous, you can unmute your micr ophone and continue.
Mr. Christopher FamousMr. Speaker, let me move on. Let me be like the Deputy. I am moving on. Mr. Speaker, I just want people of Bermuda to have the same energy when it comes to remembering that [former] Minister Caines worked day and night with others to bring peace on our streets, …
Mr. Speaker, let me move on. Let me be like the Deputy. I am moving on. Mr. Speaker, I just want people of Bermuda to have the same energy when it comes to remembering that [former] Minister Caines worked day and night with others to bring peace on our streets, when he helped out our brothers in BVI [British Virgin Islands], Turks & Caicos, Anguilla and Bahamas after Hurr icanes Irma, Maria and Dorian; when he navigated us through COVID -19; when he stood firm, not necessarily against, but when you have got 200 prison offi cers surrounding the front lawn of Parliament, it could weaken somebody. But he stood firm. He helped mothers who were crying for their s ons who had been injured in gun or knife violence. Let us remember that. They paid a price. They paid perhaps the biggest price you could pay political-ly. One minute you are a Minister; the next minute you are in Royal Gazette saying you are not a Minister. We will not get into the internal things. But me—for one, I am not going to let anybody denigrate my colleague and my cousin.
PLP THIRD -YEAR ANNIVERSARY
Mr. Christopher FamousMr. Speaker, three years ago today, July 17 th, 2017, we were all candidates. Some like myself and MP Tinee Furbert, Minister Renee, were first -time candidates. Your son, first -time candidate. Others such as yourself and the Deputy Speaker, candidates for the 100th time. We all went to the …
Mr. Speaker, three years ago today, July 17 th, 2017, we were all candidates. Some like myself and MP Tinee Furbert, Minister Renee, were first -time candidates. Your son, first -time candidate. Others such as yourself and the Deputy Speaker, candidates for the 100th time. We all went to the polls in an effort to help our people on this Island, not to line our pockets, not to elevate ourselves to something on a pedestal, but to help our people. The people knew that, and the people spoke loud —24 to
Bermuda House of Assembly 12. Let us all bear that in mind, 24 to 12. That did not happen by mistake. But guess what? It was a landslide, like we have a landslide of work to do as well, Mr. Speaker. We had unemployment reaching 7 per cent under the former Government. We had structural racial inequal ity. We had an education system that needed addres sing. We had to bring FinTech, something that people had not heard about before, to fruition. We had to address comprehensive immigration reform, something that the former Government did not want to do. So, Mr. Speaker, a Cabinet of 12 (or 13; I cannot remember) was picked. And with a strong backbench, including the Robin Hood corner, work was set about. Along the way we made many achievements. We lowered unemployment. We got more Bermudians back to work. We gave our Black people hope for equality, although we are still faced with structural racism in this country. We commenced FinTech in this country under the Premier and former Minister Caines. We commenced comprehensive i mmigration reform under former Minister, the late Walton Brown, continued by [former] Minister Wayne Caines, and now in the hands of Senator Crystal Caesar. We brought protection for our children underneath now -Minister Renee Ming and the Attorney General. Under the Attorney General, we are expunging records of those who have small convictions for smalle r amounts of marijuana. We are bringing about cannabis regularisation. Under the Premier, the Deputy and myself, we are building back relationships with our cousins in the Caribbean, which the former Gov-ernment never wanted to do because they did not attend CARICOM. I could go on and on. But today was probably one of the proudest days of my life to see us get rid of George Somers and give Mary Prince a rightful place in her rightful parish of Devonshire. The list goes on. Along the way we lost one of our brothers, the beloved Honourable Walton Brown. He is a big miss, and it is hard to fill his shoes in so many ways. Along the way we have not gotten everything correct. We have to own those mistakes and learn from them. That is what big people do. Along the way during COVID -19, especially, we learned what the word “ bipartisan” truly meant. Even when we have flareups like tonight, for the most part we know what mutual respect is, especially those of us who wear blue. Even that includes my cousin Cannonier, from St. Kitts. Mr. Speaker, due to COVID -19, we have learned that we could have Parliament without being in Parliament. I am sitting in my kitchen. My wife, my mother, my father . . . for the first time they are in Parliament with me. But what did I say to all 36 MPs? We were on different sides July 17 th. We were on different sides July 18th. But as of July 19th, 2017, we all need to be on the same side here. Because our people are suffering. We just had so mething . . . Oh, yes, and I see MP Cole Simons , the common room . We just had a debate about the Parliamentary Act, who voted, who is away, blah- blah-blah, you know, people not canvassing, not knowing where their people are, all of that. Mr. Speaker, all of that is ac ademic if the 36 of us do not go out and canvass. B ecause we sit here in Parliament within our houses. We sit here because people voted for us. They voted for us because they believe that we can do what needs to be done for them. That can only be done by knocking on their doors, getting to find out their concerns and listening to them. The other day I went to one of my constit uents’ house. She said, Oh, my dad just had a stroke. I said, Oh, sorry to hear that. She said, No, no. Come on in. That was 7:30 at night. I stayed there to 9:30. Met her husband, met her children and her mother. (Well, I had met her mother already. Her brother and them I knew already.) They gave me something called quail eggs. I never had that. These are people who were not born in Bermuda, but now have Bermuda status. A nd they are registered voters. So whether the people look like you or do not like you, whether they eat codfish and potatoes or they eat quail eggs, those are your constituents. You have to go out and see them. So I say here to all my fellow MPs and those who want to be MPs: As we recognise three years as Government or three years as Opposition (which may be longer), let us remember that the most important people are not the 36 of us who sit up here in Parli ament. It is not the 11 people who sit in the S enate. It is the 47,000- plus people who are registered voters. And even if they are not registered voters, they are more important than we are. When people are getting all up here, getting a hissy fit because their names are being called for this, that or the other, right?, that is irrel evant. Go out and canvass, and see what is relevant. So, Mr. Speaker, I am going to end. Three years ago I had one suit to my name. A lady, Ms. Carol Clark e, lent that to me. Well, she ended up gi ving it to me. I did not really know how to wear suits because I never wore suits to work. I had to YouTube how to wear suit and tie combinations and . . . well, I know blue and blue go together. I did not know all that. I did not really know how to give a speech. So I am going to have to learn along the way. So I say to each one of my fellow MPs and Senators, we all have a lot to learn. We all can in some way or the other learn from each other. Utilise that resource, and understand that the people are not expecting us to be up here having hissy fits about ourselves, but to be knocking on their doors and hearing their concerns. Thank you, Mr. Speaker. And one week before this, I just want to say happy anniversary to you for being the Speaker. And I know it can be a trying 4530 17 July 2020 Official Hansard Report
Bermuda House of Assembly job for yo u. Thank you, Mr. Speaker. Oh, thanks for not hitting the gavel tonight.
The SpeakerThe SpeakerThank you, Honourable Member. The gavel was in my hand.
An Hon. Member An Hon. MemberMr. Speaker.
The SpeakerThe SpeakerWould any other Honourable Member wish to speak? Hon. Michael J. Sco tt: Yes, Mr. Speaker.
The SpeakerThe SpeakerIf you can, you can turn your . . . Yes, your video is not on.
Mr. Wayne CainesGood evening to you, sir. I know you can appreciate the colour of my tie this evening.
An Hon. Member An Hon. MemberBlue, blue, blue! FORMER NATIONAL SECURITY MINISTER’S APOLOGY AND OUTLINE OF ACHIEVEMENTS
Mr. Wayne CainesI want to thank you for the opportunity to speak on this motion to adjourn, Mr. Speaker. Mr. Speaker, these last two weeks have been some of the most difficult times in my life, my family’s life and my constituency’s life and in my party’s exis tence. I would like …
I want to thank you for the opportunity to speak on this motion to adjourn, Mr. Speaker. Mr. Speaker, these last two weeks have been some of the most difficult times in my life, my family’s life and my constituency’s life and in my party’s exis tence. I would like to say that I accept that I played a part in the debacle that we see now, and I bear the responsibility for that. And for that I am sorr y. I realise that to whom much is given much is required. And I fell below that standard. I have apologised for that privately, publicly, and I will continue to atone for that. But people in Bermuda placed a sacred trust in my hands, and I fell below the r equisite standard. I will always . . . I will always take responsibility for that which I have done right and for that which I have done wrong. I believe that when I left and walked to my table, my mask should have been on. And I got up from the table on one or two occasions to use the bathroom, I did not have my mask on. And I believe that that was something that should not have taken place. I believe that when we think about the situation, I have shared the chronology with the Premier, and I have shared it with family, and I have shared it with friends over and over. And I believe that we have an opportunity as a learning curve. I have had to sit this down and talk with my family. But let me say this. The night of the event, there were people who were not governing themselves in accordance with the legislation. I was one of them. I did not set out to breach the legislation. It was a lapse in judgment. When I got there and I saw that certain ser vers did not have their masks on, I immediately spoke with t he manager. And he made an effort to fix it. I digress. I will take the fact that I have had the opportunity to lead in this country. I was given a task. And because of my actions, I will not be able to complete it. That is something that I have to live wi th. But if that were how the story would end, it would not be a good story. I can tell you that I am committed to the work of the Progressive Labour Party. I am committed to the work of the people of Bermuda. And I am committed to the people in constit uency 14. My chairman, Mr. Quinton Ming, and Juanee Scott in our constituency, we have been working dil igently over the last . . . over the pandemic, just to make sure that our constituency is taken care of. But the work that we have to do in this party is a beautiful work. It is a powerful work. Tonight we should be celebrating three years of the Progressive Labour Party doing the bidding, working on behalf of the people in Bermuda. We should be celebrating our young people who went to the Bermuda College at the behest of the Bermuda College. We should be celebrating our Royal Berm uda Regiment and the evolution of our Coast Guard. There is so much that we have done in the last three years to make our country a better place, and we will continue to go from st rength to strength under the leadership of the Premier, David Burt. This has been a learning experience for me because now I sit in a position where I will continue to keep my shoulder against the proverbial wheel. I am a team player, and I am committed t o [not only] the work of the Progressive Labour Party, but to making our country a better place. And I will continue that effort. But, Mr. Speaker, because of a mistake, we cannot fail to realise and understand everything that went on over the past 18 weeks. So many times we are so quick to highlight a mistake, we forget that I led, had the privilege of leading over just under 60 Emergency Measures Organisation meetings over the pandemic. I had the privilege of leading and taking several people through the Emergency Measures Subcommittee meetings, over 40 of those. Over 15 Cabinet subcommittee meetings. We had over 20
Bermuda House of Assembly Cabinet meetings during COVID -19. We had over (personally, every day and then every other day, and then three times a week, and then twice a week, then once a week) 60 media press briefings. Under the Ministry of National Security, we created a system for airbridge flights. Managing the airport, dealing with testing, dealing with making sure people had the opportunity to come to the airport on time, making sure that we dealt with the arrival and the departure of passengers, heretofore never done, led under the auspices of the Disaster Risk Reduction and Mitigation Team that everyone said, Leave their kids and don ’t bring them home, and don ’t bring the Bermudians home. We went against that and allowed ourselves the work to make sure that we had a bal-anced approach to dealing with that. We did not have a system of dealing with the people when they came home. So we established a quarantine facilit y and setting up quarantine hotels. No, we could not tell the country where they were, because some people in the beginning said no to their hotels being used. And they were so concerned about the proliferation and how this disease went. Several hotels sai d no. And we were able to get one or two hotels, and we were able to get hotel flights coming into Bermuda. And after we got that system, over 400 people were able to find solace and lodging. Sometimes they could not afford it. And so we had to do a system for vetting through the Ministry of Health and finding out who got in the quarantine facility. We had to vet every private jet coming to Bermuda, the Premier and the Minister of Transport, to make sure that every flight had the proper forms for coming in. We would visit the airport for each flight to make sure that everything was in order. We would visit the quarantine facilities. We had to struggle in our Ministry, the DRRM [Disaster Risk Reduction and Mi tigation]. And this is not just me, the Minister; I had a dedicated team working with the Ministry of Health to establish a homeless shelter under the leadership of the Attorney General. And I would visit the homeless shelter three and four times every week to make sure that our homeless people were there. At the zenith of this, Mr. Speaker, I was answering 300 emails a day, over 400 WhatsApp messages, over 100 calls a day, meetings with the clergy, meetings with restaurant groups, meeting with the business groups, visiting troops at the vehicle chec kpoints both night and day to make sure that things were adequately done. All whilst making sure my co nstituency, constituency 14, was taken care of. With the donations and help of others, we took over $10,000 worth of food and supplies, giving them out on a bi - weekly basis throughout our constituency, making sure that our people were covered for the COVID -19 period. All whilst dealing with two murders and stabbings and a soldier being knocked down, being at the hospital site, praying over that young man’s body when they thought that he would not make it when the soldier and the young man were shot in St. George’s, going to St. George’s, making sure that . . . going to the hospital and sitting with his family. That is not all about me. That was the commitment of this Gover nment. Because the Minister of Health did it. Minister Burch did it. [Former] Minister Zane De Silva did it. Minister Rabain did it. The Premier did it. The Chief Medical Officer did it. The DRRM, the Disaster Risk Reduction and Mitigation Team did it. We were com-mitted to making sure that this country went through the most difficult time in our history. And I want the record to reflect that I was committed to that —ask His Excellency the Governor, ask the heads and PSs [Permanent Secretaries] of each department, ask the Minister of Health, ask the people from the airport what we did to make sure when it was not supported to close the country down. We had disagreements, but all the time our main effort was to make sure that this country remained s afe. So when you tell the story, Mr. Speaker, tell the whole story, that I gave my all to the people of Bermuda! I gave my essence to make sure this country was protected during the most difficult time of our history. So when you call, do not just highlight the mi stake that I made. Tell them when I gave it, I gave my all, my blood, my sweat, my care for my people both Black, both white, both rich, both poor to make sure this country is a better place. When everyone said it made no sense. You ask Mr. Ben Sm ith, when dec isions were made, did I not bring him into the room, those key decisions, and ask for his input? When the draft legislation was being given, you ask the Shadow Minister, was he not a part of that? Was he not given the legislation beforehand so he could opine on it and give it to his colleagues so they can do it? Why? B ecause it is about making our country stronger. It was about making our country better. I have stood at account for my mistake. And I have been defrocked, and I have lost a Minis try of which I had given my all for. But this will not be the last! I will continue to work on behalf of the people of this country. I love my country. And I will do everything in my power to make and to reclaim a position of prominence in this country to let the people to know that to whom much is given much is required. And I understand that. And I am a man, and when I make a mistake I will acknowledge that. But you must tell the whole story. I will be always willing to give an honest account of everything that happened. And I will say this: I would never do anything illegal, anything untoward for anyone to get any a pproval in this Government. Mr. Speaker, my Ministry had over 1,000 requests for exemption from churches, from schools, from businesses, from every entity in this country. Do you think I would just do it for a colleague? That it is something that you just make up? So what happened when they were trying to have a 4532 17 July 2020 Official Hansard Report
Bermuda House of Assembly funeral and there were five people, and the mother cried and said it was seven brot hers and sisters? Do you think that we did not try to work with them to try to make it possible? This was a situation that we never saw before. Or when a person said that they had to get to work at night, and they needed a taxi or they cannot go in the tax i? No. We made exemptions. And we made the rules so that this country could still survive. A story is: There was an opportunity, the law was that there were gatherings that should, could be allowed for more than 50 people, and there was a process for that . The authority under the COVID -19 legislation was given to the Minister of National Sec urity and based on the advice of the Minister of Health. But it was the Minister’s decision. And I stand by the decision. I will be transparent with everything. There i s nothing to hide. I believe that this is an opportunity for me as a man to learn from this, Mr. Speaker. But I want this country to understand we had a team, the Disaster Risk Reduction and Mitigation Team, that went through the application. A thousand ap plications had come to me directly. We had a team that vetted the application. And when something for the Minister to opine on, it will come to me and I would make a decision. But it was my decision. It was my decision. When it came to the Black Lives Mat ter march, and tons of people told me that should not happen, I was advised by men that the march should not go on because of the health risk. It was my dec ision, and I took the bitter with the sweet for that. I had to make the decision oftentimes whether planes came or planes did not come, whether people went to f unerals or they did not go to funerals. I made those de-cisions! I had the sword of Damocles in my hand. And I stood in response. I stood and held that as a sacred trust of the people of this count ry. Someone would try to [combine] over 1,500 exemptions into one decision and try to juxtapose their views for political gain to make it seem as if I just carried this out willy -nilly. That is not right. We have a responsibility. And guess what? I will sa y it again. I have paid the responsibility. But I am no longer the Minister of National Security. And I will say this, Mr. Speaker: Minister Renee Ming will have my full cooperation. She is a phenomenal leader, and she is a fit and proper person to be the Minister of National Security. I will do ever ything in my power to further the agenda of this Government. I will work in accordance with the rules and by-laws of the Progressive Labour Party. I will stand shoulder to shoulder with the Honourable David Bur t to continue to fight for the rule, for everything that is right in this country. I will stand up. I will stand up and say when I made a mistake. But there is much work to do. The woods, the cold, the dark and deep, places to go and promises to keep— many miles to go before I can sleep. Thank you, Mr. Speaker. The Speaker: Thank you, Honourable Member. Does any other Member wish to speak?
The SpeakerThe SpeakerTurn your video on, Mr. Commissiong.
Mr. Rolfe CommissiongYes, sir. Mr. Speaker, I want to thank you for ack nowledging me. It is not easy to hear what we heard from the former Minister Caines. He comes from a family who has always been involved in public service and a family who have a deep and abiding involvement …
Yes, sir. Mr. Speaker, I want to thank you for ack nowledging me. It is not easy to hear what we heard from the former Minister Caines. He comes from a family who has always been involved in public service and a family who have a deep and abiding involvement in our community. The same applies to Zane De Si lva. He and his wife have done well personally. But Zane has never forgotten where he came from. And he has made major unsung contributions to Bermudian and particularly Black life. Zane De Silva always felt and knew that Black life did matter long before that slogan began to resonate around the world. I believe that both of those men have so much more to contribute. But I take great issue with any at-tempt to demonise them for a mistake, and in the co ntext of this pandemic, a serious mistake that they both made. They fell on their swords. But I am confident, as expressed by the speaker who just (as we would say) took his seat, that there is a lot more that both of those two men will be contributing to not only this Government, but more importantly Bermuda o ver the succeeding years and decades. Mr. Speaker, time in a Western sense over the course of centuries, millennia, is divided into BC, before Christ , and AD, after death . I have that a little off, but again I am open to anybody who wishes to correct me.
Hon. Michael J. Scott : Anno domini .
Mr. Rolfe CommissiongYes, that is the Latin. Yes, I am aware of that, MP. And thank you for that. I was just translating it into English. PLP THIRD -YEAR ANNIVERSARY
Mr. Rolfe CommissiongBut July 18 th, which is t omorrow, which marks the third anniversary of the PLP Government’s victory, seems like 1,000 years away now. It seems so long ago. And there is one reason why I think I can make that assertion with some conf idence. It is because the …
But July 18 th, which is t omorrow, which marks the third anniversary of the PLP Government’s victory, seems like 1,000 years away now. It seems so long ago. And there is one reason why I think I can make that assertion with some conf idence. It is because the epochal change that oc curred
Bermuda House of Assembly with the onset of the novel coronavirus, now technically known as COVID -19, and the economic pandemic which it spawned. I believe that this is why July 18th, 2017, seems so, so long ago already. BC and AD. The fact that the PLP Government came into power on a wave . . . I am not going to say unprec edented wave, but a major wave the likes of which we have not seen in Bermuda probably since 1998. There probably were some comparable waves, but this certainly is up there in the top three in terms of elections. Because people were tired. People were tired of austerity, particularly persons who had been struggling for some time since the great recession of 2008. They were enthusiastic and optimistic again about the f uture because of the campaign that the P rogressive Labour Party had run under our Leader, now Premier David Burt. Brother Christopher Famous here, the MP from Devonshire, outlined quite well the various promises and achievements that we have been able to accomplish since that time. But the economic pandemic that has been spawned by the viral one presents us with significant challenges that we will be wrestling with probably for over the next three to five years, perhaps even beyond that. It is not that some of these challenges are new. No! Many of them are not. As many writers and thinkers and philosophers and polit ical scientists have said over the last few months, it is not that COVID -19 produced these new challenges, which they are not new, as I said. It has caused the old challenges that have bedevilled us, whether it is income inequality, whether it is issues of racism —I can go right down the line. It has accelerated them, making our need to address these challenges in warp speed even more imperative. It is the same challenge! Great, growing economic insecurity, growing poverty in our midst. A hu-manitarian crisis which has been exacerbated. Racial inequality, racial animus —we see it happening all around, particularly in the Western world in ways that we have not seen in such a blatant, open w ay for decades. You have the President of the United States making the sort of racist comments publicly that no president has dared to utter for probably ––at least since the early part of the 20 th century. That is the world we live in. We have seen a reor dering of the geopolitical landscape, from Asia to the West, the subtle global isation that we knew —even that is being reordered as we speak. So what will be Bermuda’s role moving forward, BC and AD? This is the challenge before this Government and this pol itical class. So we need to sober up here. I contend that the economic pandemic is one in which we are going to be embroiled in for some time. I do not even think we have gotten to the depth of it as yet. Let us see what it is going to be like after Cup Match, now cancelled. So from August to December, this will test the resilience, the vision of leaders all up and down Ber-muda in various spheres of our life, including right here. Some of us would have thought that . . . or some would have thought, I assum e, with what I can determine is the first phase of this, which was the viral pandemic itself, we were all happy to take slaps on the back because we had weathered, apparently, the storm. The storm is still here! It has abated in Berm uda, but it has not gon e away. Neither has it gone away globally. Look at what is happening in the US and some other countries around the world. And as long as the virus keeps its malevolent embrace of human beings around the world, the economic pandemic that it has spawned wil l only deepen and worsen. Look at the challenge right now before the Government in terms of the growing debt burden precipitated by the economic pandemic. We heard of the Herculean efforts (my word) that the Finance Minister is now involved in. Debt of over $3 billion, reaching a threshold that in and of itself will present a significant challenge for Bermuda. So this is the AD that we are heading into. Life will not be the same for some time. Mr. Hayward talked about the thousands who are still laid off/unemployed. What will happen with many of the foreign workers? What about the unemployment i nsurance scheme? Will it be there when people need it, as they will as we move forward here? I know we want to have rosy and optimistic pictures. But I believe that when we are in a crisis, false optimism will only pr oduce what I call political malpractice. And so we need to understand that, as political leaders of this country, we have the type of challenge before us that will test all of us, that will test this Government, the Opposition and Bermudians all up and down this country. How are we going to re- engineer our econ omy? There is always this challenge about inward i nvestment; we keep hearing that. It has been a mantra from successive governments, otherwise sometimes articulated as diversifying our economy. We know that that has been very tough to achieve not just for this Government, but for previous Governments. I have my own thoughts on what has contributed to that. But even when we talk about FinTech, FinTech did not represent a diversification of the economy. And we have yet to get it really moving in the direction that we anticipated it would. It would just be an expansion in terms of financial services —insurance, banking, risk management, FinTech, insurance- linked securities. Will it provide the sort of jobs for Mr. and Mrs. Bermuda that we need right now? Do not get me wrong; I would love to see it take off. But that is where we are at right now. We are at a significant crossroads in this country. It is go ing to take us to be resilient. It is going to take our natural Bermudian, I heard Michael Scott use the words “ native genius .” And we have it too, in Bermuda, our own native genius —that is how we have gotten through these last 200, 300, 400 years, both Bl ack and white—to innovate around this challenge and to look with a cold eye at the changes 4534 17 July 2020 Official Hansard Report
Bermuda House of Assembly that are occurring in the world globally, and then trim our sails accordingly. So, Mr. Speaker, I hope that all your listeners out there and my colleagues here, as I wind up, are in a sober mind for what lies ahead. It is not easy being the Leader of this country in this sort of environment. I can imagine the nights that the Leader of this country, the Premier, the Honourable David Burt, spends contemplating how he c an engineer things (to use that word again) to help Bermudians who are hurting right now. I talked too, Mr. Speaker, on a personal note. I was in a store today in one of the supermarkets up in Warwick. This man, whom I do not know, but whom I do know, if y ou get my point . . . You know, you look at his face, you know, If I don’t know you, I know your brother or your sister or your grandpa. It is one of those faces. We all know who we are. And he spoke about this great challenge, the increase in the cost of having his mother in a rest home. I think its fees have gone up by $700 over this proceeding period. And he is really feeling insecure and vulnerable about his mother and about the fina ncial burden. And let me tell you something. That is the other thing. See, all of this is occurring at a time when Bermuda’s population is ageing. We are an old population. The median age now is 44- point -something years of age. We are in demographic winter. Already we probably have 20 per cent of our population who are above 60 or 65 (I forget which one). I am pretty sure we are at that threshold now. That has its own implications as we continue to move forward here. But we can multiply his story by hundreds. Our social cohesion, these are the things that are going to help b ind us and keep us moving forward. But at the same time, there are forces to weaken it. There are no easy answers. And I want to just say, Mr. Speaker, that I still have confidence that this Government, and with the ability of players on the Oppos ition sid e, too, and them coming together as they have done occasionally to put the country’s interests first, we will continue to see us through. So I mean, that is the bit of optimism I think I can offer right now. I talked about that native genius, and I think t hat we are going to have to lean heavily on that, on the spirit of our ancestors, those who came before us, the great wisdom that they gave to us, but also having that clear eye as to not only what is happening here, but what is happening globally because therein lies our salvation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Government Whip next. Whip. PLP THIRD- YEAR ANNIVERSARY
Mr. W. Lawrence ScottThank you very much, Mr. Speaker. Mr. Speaker, I would first like to start off by picking up where our first speaker, Minister Burch, left off in just recognising those Bermudians who have contributed in such a positive manner. And I thought about how . . . (Member, your microphone …
Mr. W. Lawrence ScottI would just like to talk about those Bermudians who have contributed a lot. But also I think that I would like to sort of take up also where, and start to answer a question that the Oppos ition Deputy Leader asked. She asked the question earlier today and on …
I would just like to talk about those Bermudians who have contributed a lot. But also I think that I would like to sort of take up also where, and start to answer a question that the Oppos ition Deputy Leader asked. She asked the question earlier today and on the news, Are you happier today than you were three years ago? And according to the poll, 8 out of 10 people say yes. Because there is an 87 per cent approval rating for the PLP Government. And those two people [out of the ten] may wonder why do people feel as though they are happier today? They might look at the debt and the increasing debt ceiling. They might look at unemployment num-bers. They might look at things like that. But what I would say to them is that money cannot buy happiness. What I will say is that you ca nnot judge a community; you cannot judge a country solely off of economics. And the reason why I will say that right now is because I will go to what I call the great equaliser, and that is the COVID -19. But before I do, please stick a pin in that COVID -19, Mr. Speaker, because prior to COVID -19 . . . and I will speak to a subject that I am pretty familiar with, which is tourism and transport. Prior to COVID -19, Mr. Speaker, this Government created a summer entrepreneurship pr ogramme for Bermudian youth that helped cultivate and encourage entrepreneurship, while creating an opportunity for them to earn money over the summer. Prior to COVID -19, this PLP Government i ntroduced a housekeeping training programme with the hotels, with the Bermuda Hospitality Institute, with the Ministry of Workforce Development that protected e ntry-level positions for Bermudians. And in addition to these protecting the entry -level positions for Bermudians, it provided participants with international certific ation. Prior to COVID -19, this PLP Government put six new buses on the road. And there will be six additio nal buses over the course of the summer. And, Mr. Speaker, and I will declare my interest before I go any further. I am an Airbnb own er. And I know that year over year my bookings in my Airbnb rentals increased every year over year. And in add ition to the increase, it meant that our tourism product was strengthening. That meant our air routes were strengthening. That means we were bringing in more people. And actually under this PLP Government, you saw record numbers of vacation and visitor arrivals both by land and by —both by sea and by air. So therefore, when you ask the question, Are you happier
Bermuda House of Assembly today than you were three years ago?, the answer is yes. But remember that pin, Mr. Speaker. Reme mber that pin about COVID -19, the great equaliser. And the reason I call it the great equaliser is that every country was dealt the same hand. Every country was dealt the virus, and every country had to come up with a plan, a solution, a way to handle [it] that worked best for their country. And if you look at Bermuda, once again we punched well above our weight. We are months, literally months ahead of the United States. We are months ahead of the UK. We are months ahead of most other industrialised nations. And the thing is, do you know the difference between our success and other outcomes? We had an opportunity to choose. We had one of two choices. We could choose between, on the onset of COVID -19, we could choose between humanity or the economy. And this Gover nment chose humanity. This grassroots -oriented Government chose humanity. This grassroots -oriented Government governs themselves by the wishes of the people. And the wishes that we have are such an overwhelming mandate of 25 seats in this House, Mr. Speaker. So we chose humanity. We chose to bring our people back home. We chose to put in the mitigating and suppression measures to ensure that we maintained safety amongst everybody else. And y es, Mr. Speaker, it cost money. And yes, Mr. Speaker, we are going to ask to raise the debt ceiling. But why are we asking to raise the debt ceiling? Because the money that we spent went directly into our people’s pockets. We did an unemployment benefit, Mr. Speaker, that helped people during their times of need. Mr. Speaker, we took care of our people. We made sure that they had the basic essentials that they needed. There were food programmes that were going around. And, Mr. Speaker, I think that if you can look at and sum up the PLP Government’s, the last three years of this PLP Government, you could sum it up in the same quote, in the same saying that we have heard time and time again from the Minister of Health. I wear a mask to protect you and you we ar a mask to protect me. That shows that we are looking out for one another. That is the Bermuda that we all know. That is the Bermuda that we all love and that is the Bermuda that we are moving forward. And so, yes, Deputy Opposition Leader, people do feel better. They feel safer. They feel happier under this PLP Government . And yes, when I go canvassing, and yes, when I talk, and when I make the phone calls, b ecause I was able to call every one of my constit uents—did not get a hold of each one of them, but I called every household —and they said that they could not envision anybody else, any other party, doing an ything better than what the PLP has done during this pandemic. And this pandemic is the great equaliser. We have outshone the United States. We have outshone the UK. We have outshone China. We have outshone Singapore. Mr. Speaker, unfortunately, we lost some of our loved ones along the way. I, too, lost a family member overseas in the United States. But we lost some here. I know that this hits each one of us hard, because we are one people. We are one community. We are One Bermuda. Others have talked about Two Bermudas, but during this great equaliser, during the COVID -19, under Premier Burt’s admi nistration, under the PLP Government leadership we became one. We looked out for each other. We took care of each other. Unemployment may be high. F inancially, times may be hard. But we still have each other because the PLP Government chose humanity over the economy. And now what are we doing, Mr. Speaker ? We are now striking a balance between humanity and the economy. We have reopened our borders, Mr. Speaker , and people are starting to come back in. And do you know why Bermuda is coming back, people are starting to come back home? Because they know it is safe. And if you look at Maslow’s hierarchy of needs, Mr. Speaker, on the first level is the physi ological needs —air, water, food, shelter, sleep, clot hing. And we provided that when we looked after humanity. But also what we provided when we looked after humanity was the safety need, which is the second rung, which is personal security —employment, resources, health and property. So, Mr. Speaker, this is what happens when you provide people’s basic necessities, when you treat each other as you would want to be treated, Mr. Speaker, when you govern yourselves by the people . . . and, Mr. Speaker, we were not always right. We made mistakes. But, Mr. Speaker, a mistake does not a career break. Mr. Speaker, it is not the mistakes that you made, it is how you h andled those mistakes. It is do you accept it? Yes, we accepted when we have made those mistakes and we apologised, and we moved forward. And people appreciated that. In uncharted times we have charted a path to success. And that is what you get when you put in a PLP Government . That is what you get when you have the people that you have in Cabinet, when you have the people that you have on the backbench and, Mr. Speaker, what you have seen recently is that any member in the PLP team at any time can take any role and go into any position and be successful. That is what you get. So, once again, when it comes to the question, Are you happier today than you were three years ago? The answer is yes, even though three years ago we could not think of being any happier. My, my, my, Mr. Speaker, how we pushed the envelope to go to broader horizons. And, Mr. Speaker, I know that I may not be the youngest in this House, but I remember when Ronald Reagan ran for presidency —or at least I 4536 17 July 2020 Official Hansard Report
Bermuda House of Assembly learned about it. And they w ere going through ec onomic hardships in the US, and the thing that Ronald Reagan said that (even though the days were not there) happy days are here again . And, Mr. Speaker, yes, times are hard right now, but happy days are here again. They will be coming, because, Mr. Speaker, with a PLP Government we keep our eyes on the prize, our face pointing towards the light because when your face points towards the light, the shadows can only fall behind you. So, Mr. Speaker, this is what you get with the PLP Gover nment . This is in three years. And yes, the proof is in the pudding. We do not have to make prom ises because we have results. We have people in education that will not be denied furthering tertiary education due to a lack of being able to pay. We have peop le who were unemployed and were taken care of. We are now allowing members to dip into their pe nsions to be able to take care of the needs of today. Just like that commercial says, I t’s your money, you use it when you need it . And that is what we are doing. We are taking what we have learned since 1963, being a party of the people— of the people, for the people, by the people. Mr. Speaker, I am going to show my age. A nybody that tries to throw shade, Mr. Speaker, miss me with that, Mr. Speaker . Anybody who tries to say that we are not doing what we are supposed to be doing, Mr. Speaker, they can miss me with that as well. So, Mr. Speaker, I think that it goes without saying that many hands make light work. And I think that if the PLP has any criticism, if t here is anything that you could, sort of, fault us on, Mr. Speaker, is that we made running this country look easy. We made it look seamless. Why? Because we are out amongst the people. We took what we heard on your doorstep, we took what we heard over t he phone when we called you during the COVID -19. When everyone was on lockdown PLP MPs were calling their people and as king them what they needed—delivering food to their house, turning their houses into food programmes, into bases for the food deliveries. From Somerset to St. George’s and everywhere in between, we made sure that nobody went hungry and we made sure that people had the necessities that they needed. That is what you get with the PLP. That is what you get every single time. So, Mr. Speaker, I go back to where I started as I close. Minister Burch spoke about recognising and standing up for those Bermudians who have contributed positively, who have had worthy contributions. And I cannot name every single person, but I can name a team. Each one of them has made worthy contributions. And that is the PLP team that sits up here in the House. That is the PLP team that you see week in and week out making sure that the people’s business is done, done correctly, with transparency, with integrity, with honesty. And anybody —anybody — that tries to tell you differently is just hating. Give credit where credit is due. This Gover nment has seen us through. This Premier has seen us through the toughest times in recent memory. Not since the Spanish flu has the w orld seen an epidemic or pandemic like this. And look how almost seamles sly we made it through. And that is because we were guided. Not because we thought we were the brightest people in the room, not because we thought we have all the answers, but because we listened to the people, we took their ideas and took their vision and put it into fruition. And that is what this third- year anniversary means to me. That is what I hope this threeyear anniversary means, stands for, and symbolises for the country. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Hon. Michael J. Scott: Mr. Speaker, I would like to— Michael Scott.
The SpeakerThe SpeakerHonourable Member Scott, you have the floor. Hon. Michae l J. Scott: Thank you, Mr. Speaker . It is good to be coming from Somerset. I gather you are still in your Chambers in this sitting.
The SpeakerThe SpeakerYes, in the Chambers. BLACK LIVES MATTER Hon. Michael J. Scott: Your constituency, as you know, borders mine. Mr. Speaker, my remarks tonight. . . I begin by acknowledging that a great deal of political, social and human events have been crammed into our lives lat ely. I think most …
Yes, in the Chambers.
BLACK LIVES MATTER
Hon. Michael J. Scott: Your constituency, as you know, borders mine. Mr. Speaker, my remarks tonight. . . I begin by acknowledging that a great deal of political, social and human events have been crammed into our lives lat ely. I think most of us would agree. I recall at the b eginning of the Government ’s call to respond, to manage COVID -19, the Premier in one of his earliest press conferences said it was like drinking water from the fire hose. So, what comes shining through is that the Government has been equal to the task of these very heavy and considerable events. I want to acknowledge and congratulate the Party Whip, the honourable [W. Lawrence] Scott for that very fine presentation and speech. It is interesting, the i mportant details that it gives about the Government ’s current high standing in the public real this day and how wonderful it is that it is an approval rating that is on the anniversary that we celebrate tomorrow of our election. These high standings obviously have begun to inform what we saw happen earlier which required you, Mr. Speaker, to try and set tle down the House
Bermuda House of Assembly when Michael Dunkley —the Honourable Member, former Premier —sought to tarnish, as Opposition speakers and speeches will seek to do. But it is diff icult. But it did produce and hit nerves. Mr. Speaker, for myself, may I say that of my thoughts even before shaping the remarks for this evening for the House have been shaped and filtered through the crucible of the incredible cosmic image that affected us all, but in particular Black people of the world, of a white police officer’s knee on the neck of George Floyd, a Black man, there held until that man, that Black man, George Floyd, died. It has seared itself into the psyche of us all. And so all remarks, all speeches, certainly mine tonight, are through the crucible of the Black Lives Matt er emblem that arose out of that incredible image that really was cosmic, because it touched us. But Black Lives Matter is a neat and succinct concept made all the more neat and succinct, Mr. Speaker, because of the outpouring of the recognition amongst Blacks here in this country that our lives do matter. That really is the focus of my discussion tonight. Black lives do matter. It is a concept, may I commend to the House, Mr. Speaker, that ought not to be allowed to slide [back] into disparity or memories and dig the memories back up. And, may I say, that this danger of these cosmic realisations and awareness of Black Lives Matter is at risk of just sliding away and there are people seeking ––and Colonel Burch referred to this in his opening [remarks] ––Colon el Burch has begun to document. But it is being documented. Mr. Speaker, I watched the news where there are other examples. There is a risk that there is an attempt to belittle this cosmic movement of Black Lives Matter with the Mayor of Chicago. The Mayor of Chicago was denigrated by the President’s press secretary, being described as a derelict mayor. (The name will come to me) And then we have the Governor of Georgia suing personally Mayor Lance Bottoms —two women being attacked. So, the game is on. Colonel Burch documented the ridiculous, unnecessary slights against Dr. Carika Weldon. So, I join Colonel Burch and the Government in thanking Dr. Weldon for her service to our country. [INAUDI-BLE] in his speech. It is [INAUDIBLE] taking the o pportunity now because I was touched by the present ation and speech by the former Minister of National Security Wayne Caines. But I wanted to congratulate the newly appointed Minister of National Security, Minister Renee Ming, and the newly appointed Mini ster of Transpor t, Mr. Neville Tyrrell. I know that they will do yeoman service. We are so pleased about the fact that a woman holds this vital function and responsibility of security for our nation. In doing so, I also want to thank for their service, their yeoman serv ice, Minister of National Sec urity [the Honourable] Wayne Caines and Minister of Transport and Tourism the Honourable Zane J. S. De Silva, for their tireless indefatigable work throughout this period that I began with at the opening of my r emarks, these gathering events which caused us, led by Premier Burt, to be equal to the task. And so, it is important to thank the former Ministers, in their critical role that they had in National Security and the critical role of Tourism and Transport. But I know that my colleague and friend the Minister of Health, [the Honourable] Kim Wilson, must be thanked, and the technical scientists who informed the chief medical officers and the epidemiologists. This is the time to say thank you to Minister Wilson and to Minister De Silva who night after night showed that the Government of this country was rising to the occasion and has been equal to the task and as [has already been duly] noted, has resulted in the Gover nment having extremely high standing. It is important that I also acknowledge and offer the sympathies of myself and all Members of this House to the members of our community here who have lost lives of loved ones. The number rose to (hopefully I am getting the number nine right) nine tragic losses that have saddened Bermuda families. But the fact remains that other countries are dealing with COVID deaths in the hundreds and thousands and tens of thousands. My heart goes out to those families. But the reason that this Island’s leadership is enjoying, on every occasion that I have talked with people in the Island, the high standing that we have is because we have kept Bermuda safe, and the rel atively low number of deaths and infections have been remarkable, Mr. Speaker . So, my thanks and hats off to my collegiate leadership from the Premier, to the Ministers of Health and National Security, the former Minister of National Security, Minister [Caines], and now the torch is handed on to most capable and able hands. Mr. Speaker, but what does this all mean, this neat concept that I state and refer to must not be allowed to just slide away. What is the significance of these? I can tell you this. It has caused a look -back at history by people in America looking back at past r acial injustices. And so, that really is what was happening tonight. An acknowledgement —this cosmic acknowledgement by Blacks —that is reinforced in all of our hearts that we must be empowered and we must not be second- class citizens in our country. It has caused us to reflect back, and that is what ha ppened this evening. And we should not be prevented from looking back because it is as native and natural for us to be doing so in the context of the Black Lives [Matter] movement phenomenon. Mr. Speaker, the question I asked is, So what does it all mean? And what is the proper response? And with your permission, I will read the response of one respondent who was caught up equally in the Black Lives Matter consciousness. 4538 17 July 2020 Official Hansard Report
Bermuda House of Assembly I refer to the answer given by Mr. Edward E nninful (for the Hansard that is E -n-n-i-n-f-u-l). Edward Enninful, OBE, British Vogue editor[ -in-chief], the first British Vogue editor[ -in-chief] —Black editor[ -inchief] —of that publication. Here is what he said about four or five days ago as he encountered a treatment as he was going into hi s place of work. He said, with your permission, Mr. Speaker, 3“‘Today, I was racially profiled by a security guard whilst entering my wor kplace. I was instructed to use the loading bay. . . . Just because our timelines and weekends are returning to normal, we cannot let the world return to how it was. Change needs to happen now. ’” I am grateful for that encapsulation by the editor[-in-chief] of British Vogue, Mr. Edward Enninful. Because when I asked the question, What is our r esponse? I ask all Members of this House to continue to not lose the focus of this awareness and co nsciousness arising out of the Black Lives Matter movement. Throughout our recent history, we have, have we not, failed to educate our children, our kids, in public and private educati on about these kinds of histories that Mr. Enninful has just remarked upon and commented upon. We must, in my opinion, in both private schools and public schools , beyond civics classes, give important history and awareness to our kids on slavery, on white supremacy, which is the system of white male domination attitudes , and how this white supremacy plays out and is applied, and has been applied historically looking back, as I say, Mr. Speaker, in our history. Nor have we taught our children, or ourselves , as leaders, or ourselves as adults, about Angloconformity, a concept neither that I reserve for the last trilogy of failures of this country and successive Governments in educating our children, our kids, adults and even our leadership, because this education pr ocess on these chosen three principles tonight, three ideas: slavery, white supremacy, its application and how it has been applied, why it is causing monuments and statues to be torn down of white slave owners and slave runners in Britain, and statues all across the United States. It is causing the country’s citizens — Black and white—to have a new cosmic awareness about and recognition that Black Lives do Matter, and Black lives have been given the most rawest of deals in terms of racial injustice c ausing us to look back. And education will play a role in removing stereotypes and making our children better citizens so that we avoid, going forward, as Edward Enninful indicates, so that as we go forward the change needs to be hap-pening as we go forward. Mr. Speaker, why are we examining, and what are we examining here? What are the consequences of our not following and keeping alive as a burning bright thing the awareness of avoiding that image of
3 The New York Times 16 July 2020 continued bad policing as we saw in the United States with a knee on a man’s neck [causing] his death. So, we are talking about death, are we not? That was one of the consequences of George Floyd’s untimely death. Mr. Speaker, Julian Ernest Sinclair Phillips Hall is dead. He died of chemical natural causes. He was not a candidate of some homicide. Reverend Vi nton Monk, an AME Minister, is dead. Again, Mr. Speaker, his death was clinically natural. Dr. Ewart F. Brown (the “F” I believe is for Frederick) is alive, I am glad to say. But what is taking place in h is life as a Black male leader of this country (and I mentioned too about Dr. Brown, Mr. Julian Hall and Reverend Monk). Dr. Brown, a Black male leader, in this country is a case study of the Black problem in our country. James Baldwin, the outstanding A merican author, conceptualised the American hope, the Amer ican law. And it is in this context that I cite this issue of the Black problem in this country of attacks on Black male leadership. Julian Hall was not taken out by some assailant, Mr. Speaker . But the country tried, at the height of Mr. Hall’s political and economic [accomplishments] as he operated on the fifth floor of the Emporium Building near the City of Hamilton, Front Street, where he worked. The Bermuda Police swept into his residence, Mr. Speaker, yanked his confidential phone files and that event was widely serialised in the media of the day. We saw that similar kind of tactic of files being taken out of the office of a medical practice. This is a modus operandi tactic which was, again, w idely serialised in the media. These are the tactics of attacks on Black male leadership. Beware—
The SpeakerThe SpeakerMP, your last minute. Hon. Michael J. Scott: I will pick this up in the next and final session. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank y ou. Does any other Member wish to speak?
The SpeakerThe SpeakerMr. Swan, you have your 20 minutes. PLP THI RD-YEAR ANNIVERSARY
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker . Mr. Speaker, as we take this opportunity t onight to reflect on the third anniversary of our PLP vi ctory in 2017, I want to take the opportunity first to pay Bermuda House of Assembly homage to one person who was embraced that night, along …
Thank you, Mr. Speaker . Mr. Speaker, as we take this opportunity t onight to reflect on the third anniversary of our PLP vi ctory in 2017, I want to take the opportunity first to pay
Bermuda House of Assembly homage to one person who was embraced that night, along with myself, who is no longer with us. That person of course, Mr. Speaker, is the late Walton Brown. Mr. Speaker, one would have thought that Mr. Walton Brown was a man 10 years his senior the way he carried himself. He was an academic. He fought for social justice. He was a young man when he passed on, and as we reflect on that period I want to offer my condolences once again to his family and to his mom and to his children and to his close friends who I am sure still mourn his passing. Mr. Speaker, when I was called upon to chair your committee and we had to put matters into context in 2016, Immigration was an issue that was a hot p otato back then, during the One Bermuda Alliance’s reign of protests. MP Ming (Minister Ming n ow) cat alogued some 30 various protests in the Island, be-cause there was great disquiet in the Island. And we used the quote from our late fallen Member Walton Brown’s book. He was a political researcher and parliamentarian. Mr. Speaker, if I can I will just share an excerpt from the report, your report. In his book, Berm uda and the Struggle for Reform: Race, Politics and Ideology, 1944 to 1998, he provides at least one hi storical example of why there was such longstanding angst regarding immigration poli cies. Mr. Brown detailed a racially structured imm igration policy promoted by a now -defunct United Bermuda Party intended to ensure that all British subjects living on the Island for at least three years were given the vote and [they] made it possible vi a a section included in the 1963 franchise legislation. Ther eafter, the Government of the day encouraged imm igration to the Island by British citizens in particular, census data from between 1950- 1970 showed that there was a significant increase in persons born ou tside but living in Bermuda. And since more than half of these individuals came from the British Commonwealth, after three years of residency in Bermuda, they were entitled to vote. And it is worth noting that while 15 per cent of those persons wer e Black, 83 [per cent] were white. That is the foundation which we often speak to, that Bermuda has been built on, that [it was] the construct of people who are enjoying the benefits of the spoils [and] have the advantage that they have in this country. And it also speaks to why people felt it necessary to protest and why our late Minister Walton Brown, a peaceful quiet man, encouraged persons to speak up and let their voices be heard. Of course, we know that those persons who would stand in this House and call for all types of transparency were not transparent. They actually, Mr. Speaker, given the opportunity, had not even spoken to the fact that the former Deputy Speaker of this House and a former Junior Minister of this House had given testimony, swor n testimony, to the police that calls into question many things that people refused to speak about when it related to December 2 nd. May Walton Brown rest in peace, and may those that have plenty to say about everything else find the courage within their own heart to tell us the truth about what truly happened on that fateful day. Mr. Speaker, as we look at this anniversary, the late MP Walton Brown’s cousin, Dr. Ewart Brown, retired from politics 10 years ago, and since that time he has been the subject of investigation. Ten years. I ask people to just reflect on that. That is the end of the Progressive Labour Party 2007 mandate, in 2012 the OBA’s tenure, and now three years into our anniversary. That is quite a long time for the money that we have appropriated to the police to be spent advancing that case. I will leave it there for tonight. Mr. Speaker, I am kind of excited that the Mi nister of Works and the Bermuda Land Development Corporation invited MP Ming and myself to learn a little bit more about the infrastructure project that will impact on our constituencies in particular. And it is music to my ears because certainly in 1998, when I was very much involved in the golf course here in St. George’s , joining up the infrastructure between the St. George’s Corporation and turning that sewage into water that could be used for irrigation was something that a gentleman by the name of Keith Claridge, an engineer, had shared with me. And I was smiling to myself as now that particular project has grown to a more national scale. And the Minister Colonel Burch, is leading the charge with great enthusiasm and other members of more tec hnical [expertise] are now spearheading where that sewage line will join up Southside, come through Stokes Point, come down through Ferry Reach and connect up into St. George’s , tie into the hotel and be of benefit to the whole parish of St. George’s and the wider Bermuda by extension. And these are exciting times that are being put forward in infrastructure initiatives that pres ent some other opportunities as we look at delving into and dealing with some of the narrow roads, some of the erosion that takes place in Bermuda, some of the dangerous areas that we might have in Ferry Reach, a dangerous corner near Shore Hills, Ferry Reach, a dangerous corner right there at Rocky Park in Mullet Bay, erosion taking place, dangerous corner when you go around past around 91 Mullet Bay Road to the bus stop right there bordering the park. Remember, that area was once waterfront property and became landfilled so people who had waterfront property va lues, today it would have been far higher had that rec-lamation not taken place at that particular location. That is a subject for another day. I want to celebrate the work of the St. George’s Foundation, particularly the former Mayor Quinell Francis and Ms. Hayward- Chew and Mr. Peter Frith and their team who are looking at the parish. The former Minister Zane De Silva and I had many good 4540 17 July 2020 Official Hansard Report
Bermuda House of Assembly sessions on the tourism and focus show. And I am very sorry fo r the circumstances that led to him and Minister Caines no longer being Ministers. No one can argue about the good work that they have done for Bermuda, and they certainly have paid the ultimate price politically for that. But they are very strong people and they will continue to make sterling service and I respect them for that. But former Minister Zane De Silva would r emember the many times that I talked about the opportunity that presents itself with our forts in Bermuda. Martello Tower in Ferry Reach, Alexandra Battery to the end, Gates Fort, even Harbour Radio on top of Fort George, Whale Bay Battery —which I am very familiar with up there at the Port Royal Golf Course — present an opportunity for us to invest money in that infrastructure to repurpose it maybe for tourism. Once revitalised ––and the Foundation is doing a clean- up initiative there, and I applaud them for that ––but we need to go beyond that and find ways to encourage the type of cultural tourism to enjoy these spots. They are strategic to Bermuda as a defence mechanism, but they are also strategic in their beauty. And with the proper signage and the like, with having some local vendors that are there and tying in some contracts that might allow the cleaning of that to come in tandem with the opportunity to make a little money in one’s community might be the type of partnership that will allow us up and down this country to utilise these forts in a viable, [more] meaningful way in 2020 than what we have seen over the last 30 or more years wit h them. Mr. Speaker, whilst I also reflect on anniversaries, it would be remiss of me not to mention an i mportant anniversary of one of our major tourism products. I make no bones about my trade as a golf pr ofessional, which I owe my life to. But Port Roy al celebrates 50 years this year of being a public golf course in Bermuda—one of the best public courses in the world, I swear. I put my hand over heart and tell an yone that as I had the opportunity (thanks to the Honourable Zane De Silva and P.H. (Patrick ) Horgan, III) last year hitting the first ball to celebrate those people whose shoulders I stand on. We need to recognise the import of that. People from St. George’s —former banker Reginald Tucker was the first chairman. Mr. George Wardman was very intr icately involved with the agronomy, Mr. Eric Parker, Mr. Hubert Smith, these gentleman (and others) were very much . . . Dr. I.W. Hughes, Walwyn Hughes, very much involved in the development way back then. The late Ralph Marshall, Reginald Burrows, an MP w ho loved golf and lent his support from the other side at the time . . . very much involved, and Honourable Stanley Lowe’s family, very much golfers as well. So there was great feeling and empathy for that initiative that did great work to help move Bermuda forward at a very difficult time. I cannot forget Walter Eugene King, the first golf professional. This June is the 50 th anniversary of Walter King being the first Bermudian to win the new integrated Bermuda Open Championship. Growing up and winning three of them, I thought that this was the only Bermuda. But thanks to Dr. Jeffrey Sammons from New York University, we found out that there was a Bermuda Open only for whites for many, many years that a St. Georg ian by the name of Louis Rafael Corbin, a Black, did play in. And so this 50 th anniversary and Walter E ugene King winning the Bermuda Open the way he did at the Belmont Manor Hotel in 1970 allowed him to catapult himself into a position of leadership which was not fashionable, and certainly was not the will of the board until he could prove that he had some cr edentials they did not realise he had. But that Walter King would go on to become a Progressive Labour Party Member of Parliament from 1976 until 1980 in the great parish of Hamilton Parish Eas t—right there where the Honourable Deputy Speaker sits now. And he knows a lot about Tucker’s Town because he learned his trade there. And I look forward to the opportunity when we can honour (this year, if we have the PGA Bermuda Championship at Port Ro yal . . . it comes under the Premier . . . I look forward to learning more about that) and we can celebrate Mr. Walter Eugene King while he is still alive because he was the pied piper that inspired many young Berm udians all across the spectrum. Myself, Dw ayne Pearman, Cornell Bean, the Darren Woodses and the Glen Simmonses would not be who we are or would not have made anything if it was not for the pied piper Walter Eugene King. A great athlete. County Cup player for Bailey’s Bay Cricket Club. Mr. Speak er, we have to celebrate our history and intertwine it with how we move forward. I think the days are gone were we just celebrate those who were able to walk through the door. Minister Foggo and the Department of Culture, the team there, Dr. Kim Di smont Robinson, their new Director, and the team there at Culture are now delving back into that period of the forgotten heroes. I mean, you cannot go any further back than . . . well, you can, but the most significant that we are capturing now is Mary Prince. I certainly feel that as we approach the Cup Match (that we will not be able to play), the legacy of our forefathers that formulated Cup Match did not develop Cup Match for us to just wind down and spend a whole pile of money without recognising and reme mbering their contribution. I kind of think COVID has done us a favour in this regard where we can certainly get back to some basics and appreciate the sacrifices that our forefathers had to make back then in those days. Yes, that is what we have got to do. W e got to do all we can to take this opportunity to teach our young people the real truth. It will make Bermuda better, and we cannot afford to sugar coat things any further. That has not gotten us anywhere. Our basic diet
Bermuda House of Assembly of just let us hold hands and forget about what happened because it is working for me, Jack , that is not going to do us any good going forward, Mr. Speaker . So tonight I took the opportunity to give thanks for an initiative that was developed back in the late ’60s and I feel it has done some good. But I think the time has come to pay homage to those heroes as we mentioned in an earlier debate today and reco gnise the 50th anniversary of Port Royal and Walter Eugene King at the same time. Mr. Speaker, the Opposition will look for opportun ities to try to tickle the Government up and get people exercised. I guess that is what they are sup-posed to do. But the irony of it is that during their tenure they did all the tickling up themselves. They were the masters of their own misfortunes by the way they treated Bermudians, the way they treated Bermudians, as the Honourable Member Mr. Michael Scott was reflecting on, the most unfortunate circumstances that led to the death of not only George Floyd but many in the United States. The OBA held their knee on the necks of Bermudian s during that “I know best” period. [They] force- fed the Bermuda people their c abal. The Bermuda people said there is no way. And they took us back a long, long way. They were running around saying, Are you better off ec onomically ? But do you know what? Through no fault of the Progressive Labour Party, in 2008, when I was not a member of the Progressive Labour Party, this country had a recession. There were people who were quite skilled at convincing many people that that r ecession was PLP made. But the truth is that it was not. The truth is that companies like XL’s stock went down the tubes. It had nothing to do with the PLP. The truth is that Madoff was running around the world and [Stanford] was running around the world. The truth is that decisions were made in boardrooms that caused a domino effect on economies that had a negative impact on Bermuda. And the truth is that in the beginning of 2020 and at the end of 2019 a pandemic hit the world. And with a country as smal l as Bermuda, any missteps could have led to catastrophe. And this Progressive Labour Party Go vernment led by the youngest Premier in Bermuda’s history, with the help of all his Minister s, two of which are now backbenchers like me, navigated us through some very treacherous waters —life and death matters. Not since World War II have persons seen such devastation. And not since 1919 has the world seen a pandemic as potentially devastating as what is still ravaging the United States today, [but] we have got protocols in place, put in place by the teams in Bermuda, [by] the good work by Dr. Carika Weldon and others in Bermuda. It has caused Bermuda to be a shining example for the world. Mr. Speaker, I close by saying that we have much to be thankful for, and it has been my honour and privilege to be a part of this great team over the last three years and I look forward to us going from strength to strength with the help of the good people of Bermuda, Mr. Speaker . Thank you.
The SpeakerThe SpeakerThank you, Honourabl e Member. Does any other Honourable Member wish to speak?
The SpeakerThe SpeakerGood evening, MP Furbert. How are you? You have your 20 minutes.
Mrs. Tinee FurbertI am fine, thank you. I am sure I will not use my w hole 20 minutes.
The SpeakerThe SpeakerOkay. THANKING ESSENTIAL WORKINGS DURING THE COVID -19 PANDEMIC
Mrs. Tinee FurbertMany of our colleagues this evening have highlighted the great works and the great amazing people that we have in our country, people who are highly qualified, doing some great works for our country. I am told this evening that the essential wor kers and healthcare workers down at the …
Many of our colleagues this evening have highlighted the great works and the great amazing people that we have in our country, people who are highly qualified, doing some great works for our country. I am told this evening that the essential wor kers and healthcare workers down at the airport are doing an amazing job. So we just want to highlight those essential workers and healthcare worker s and even our summer students who are down there giving their best effort to protect the people of our country. So, again, a great feat. Thank you to them. This evening as we highlight Dr. Carika Weldon, there are so many other people that we can also highlight. And one of those persons I also want to bring to the forefront is Dr. Amne Foggo[ -Osseyran] who has fought hard to [AUDIO SILENCE ] and, you know, Amne, she has done a fantastic job in also helping us through this COVID -19 period. You visit Berkele y Institute and you see her name plastered up on that wall. So we always must give due for our pe ople and recognise them —particularly in difficult times like this. But like I said, there are many people who are assisting us through this COVID -19 period and while I cannot call them all by name, I want to say thank you. And I am sure this Government will continue to say thank you for the efforts and time and dedication that you are giving to the people of our country. I did not get to give my congratulatio ns to MP Tyrrell and MP Renee Ming earlier, now Ministers. People may recall MP Renee Ming in her motion to adjourn, I believe it was last week, speaking about how she was unapologetically ambitious, unapologet ically Black and unapologetically a woman. And now today she can say she is unapologetically the Minister of National Security. And I believe she would be the 4542 17 July 2020 Official Hansard Report
Bermuda House of Assembly first woman to be Minister of National Security. So, I just want to congratulate them. We are still not out We are still not out of this pandemic. We are still not out of many issues. So we still have a long way to go and will continue to have a long way to go to fight for issues that our people face. You know, even though we are going through these COVID -19 times, there are still issues that many Bermudians face. And COVID -19 just highlights them and [ampl ifies] them. But we as a Government are still continuing to work on behalf of the people and that is what we were voted [in] here to do. Last week while I was in Hamilton, I came across someone and she said, Oh, I heard you on the radio. And I said, Are you listening? You would be surprised who actually listens. And as representatives of our constituencies, people want to hear us speak on their behalf. They want to hear us represent them. So I have no shame in having the ability and taking the time to be able to speak on behalf of our people as we were voted in to be able to do so, to represent them and to make legislation. But I do want to bring up a topic this evening that could be quite uncomfortable for some. But I still think that it is relevant to bring up. I know it is late, but I still think it is relevant to bring up.
SAFEGUARDING CHILDREN FROM SEX PREDATORS
Mrs. Tinee FurbertOn 13 July, there was a campaign which was put out there by the Coalition for the Protection of Children. And it spoke to protect our girls. And many of us have children in our lives, boys and girls —children —in our lives. But this particular campaign spoke to protecting …
On 13 July, there was a campaign which was put out there by the Coalition for the Protection of Children. And it spoke to protect our girls. And many of us have children in our lives, boys and girls —children —in our lives. But this particular campaign spoke to protecting our girls, and particularly recognising t hat 13 -year olds are still children. There was a recent article in the paper that spoke to . . . there was an interchange between what a child was and what a young woman was. And according to our Children Act , it says that a child is a person who is under the age of 18, or up to the age of 18. We must continue to protect all of our chi ldren. And as legislators we recognise that we have to continue to protect our boys and our girls who are children. So we have put into place Acts and legisl ation to protect our children. I believe we tabled som ething this evening that also will focus on the protection of our children. But we also, under the Legal Affairs umbrel la, we amended the law to permit the naming of sex offenders in regards to particular sexual offenses. And that is something huge that we should be proud of as a Government . I still want to touch again on this conversation that we have in regards to a child and a young wo man, because there is a vast difference between a 13-year old child and a young woman. We know that puberty sets in for girls between the ages of 8 to 13 where it is a special period for . . . a time for growth and for change. And it is k nown that puberty may probably end between the ages of 15 and 17. And so, it is still a period where young girls are experiencing growth. And so, they may not make all the right dec isions, because they are still children and they are still learning. But I wanted to bring up, or just share . . . and, please, I am no expert in this area, but I did do deve lopmental studies as part of my profession as an occupational therapist. So I do know about development. We must recognise that there is a reason why we pr otect children under the age of 18 because they are still developing physically. They are still developing cogn itively. They are still developing with their language and their social/emotional development. They are still developing. When it comes to even th eir cognition, they are still trying to understand people. They are still trying to think about intention. They might still be tr ying to figure out this popularity thing and even how to enter a group and behave and socialise in a group. And I believe some adults still even have issues with this. So, imagine a child who is still growing and lear ning. They are still dealing with something called moral reasoning. Twelve- year olds are still demonstrating —or beginning to demonstrate—moral reasoning and thinking. And then there is this concept of having a theatre in your mind where children imagine things. I bring this issue up because there was a case, and I can speak about it because the case has ended, in regard to luring and not knowing the age of persons or persons participated in underage sexual activities. It is important for our community to reco gnise and continue with the conversations in regard to what is a child. And we must continue to protect our children. And parents, you must continue to teach your boys and girls what is the law so that we can pr otect them. We can protect them from trauma. We can protect them from things that they do not have to go through and things that they, you know, do not have to try to process or cope with or understand, thin gs that they are not ready for such as underage sex. I recently had a conversation with Dr. Saadia Bean of the Family Intimacy Centre. She spoke about how if we are not giving or not pouring into our chi ldren these 10 principles, then they will try to seek it elsewhere. And while I am talking about it in regard to sexual activities that underage people may find themselves participating in, this actually goes for anything. We must, as families and parents, continue to show our children acceptance, show our children affection, appreciation, approval, attention, respect, security, comfort and encouragement. And they must feel [these things] within their family environment, because if they do not, they will try to get it from someone else or something else. So , we must not be afraid of these topics and we must continue to talk to our children about them.
Bermuda House of Assembly I can say, Mr. Speaker, one of the things that I am truly proud of in being part of this Government is our continuous [desire] to want to stay on top of pr otecting our children. And I am sure the legislation that we have brought forward in the past and then som ething coming up soon will not be the last of it because we want our children to succeed without trauma, or with minimum trauma, so that we can continue to highlight them like we highlighted so many of our amazing people this evening. I just want to close with that, Mr. Speaker . I said I was not going to take up all of my time, but I just think it is very important that we continue with this conversation in protecting our children, for protecting our girls and protecting our boys who are still children and are not ready for the things or situations or experiences that they sometimes find themselves in. They have plenty of time. They have plenty of time for it. But again, well done to our essential workers down at the airport and our healthcare workers. Thank you for everything that you do. We are so proud of you and how you are representing our country. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? No other Member? Hon. E. David Burt: Mr. Speaker, one Member is tr ying to speak. The others left you. I do not know why you cannot hear him. Minister Rabain. But I am trying to close.
The SpeakerThe SpeakerIs there another Member — [Crosstalk] Hon. E. David Burt: Premier? Hon. E. David Burt: Minister Rabain, we cannot hear you. Mr. Speaker, I know that Minister Rabain was trying to speak, but . . . I see his lips moving . . .
The SpeakerThe SpeakerLet’s see . . . no, his mi crophone is on from this end. Hon. E. David Burt: Well, he cannot speak. Mr. Speaker, I am happy to close.
The SpeakerThe SpeakerOkay, well, Premier . . . PLP THIRD -YEAR ANNIVERSARY Hon. E. David Burt: Thank you, Mr. Speaker . Mr. Speaker . . . oh, you need m y face. My apologies. I will turn on my video. Mr. Speaker, the hour is certainly late.
The SpeakerThe SpeakerI agree. [Laughter] Hon. E. David Burt: And there is much that has already been said this evening, Mr. Speaker . My comments will hopefully not take the full 20 minutes. But I think it is important that we recognise that, as it is now after midnight and it is …
I agree.
[Laughter] Hon. E. David Burt: And there is much that has already been said this evening, Mr. Speaker . My comments will hopefully not take the full 20 minutes. But I think it is important that we recognise that, as it is now after midnight and it is 18 July 2020, three years ago all of us who are in this House were preparing, up late at night doing our last minute preparations for an election. Three years ago, the country went to the polls and elected this Gover nment . It is an honour, Mr. Speaker, that all of us have to represent this country. All of us, Mr. Speaker, represent individual constituencies across this Island. It is not something t hat any of us take lightly because leadership is about service, and it is important that we remember before there is the post of Minister and before there is a post of other offices, whether they be in the House of Assembly or in the other place, we rep-resent people inside of this country. So, Mr. Speaker, as we represent people i nside of this country, we have to remember what is necessary, what the people need. They want advancement in their lives. They want more comfort i nside of their lives and they want a better and a higher standard of living, Mr. Speaker . When we were elec ted, we had our plans, our election platform and, Mr. Speaker, three years on, we have completed over 65 per cent of the things of which we set out to accomplish. All of that, Mr. Speaker, while at the same time having to deal with unexpected events —whether they have been acts of God, acts of things which we are faced with on the international scene, whether it be defending our economic reputation overseas, ma king sure that we were able to keep our country safe at home. But, Mr. Speaker, I would submit that over the last three years we have succeeded in our effort to build a better and fairer Bermuda, because, Mr. Speaker, at the core of what it is that we were elected to do was breaking down the barriers of the Two Bermudas. And it is a fact, Mr. Speaker, that we have tackled long- held structural, systemic challenges that existed inside of this country. So when you look at the fact of the economy, when you look to this Gover nment which was the Government that has the lowest payroll taxes for workers in history, when we look at the first time in Bermuda’s history that unearned wealth is being taxed, Mr. Speaker , we talk about a fairer society . . . this, Mr. Speaker, is what the Pr ogressive Labour Party has accomplished. When we look at the realm of health insurance, a 50- year scheme to direct health insurance monies that everyone had to pay to certain busines ses was made more fair to make sure that we support 4544 17 July 2020 Official Hansard Report Ber muda House of Assembly our hospital so that, instead of directing profits to i nsurance companies, we can make sure that this money goes towards the healthcare of our country, buil ding a better and fairer Bermuda, Mr. Speaker . When we look on the issue of education, and I know the Minister of Education certainly wanted to speak on this, regarding the progress of which he had made, let us look at the fact that we have technology in our schools which we never had before. The fact that no one in this country needs to worry about whether or not they can afford to access higher ed ucation, afford to get additional skills training to up-grade their skills and re- tool themselves for jobs of the future, Mr. Speaker. All of those things were made possible because this Government knew what was right and what was necessary to build a secure and stable future for our citizens, Mr. Speaker . When we look at something that has always challenged Black entrepreneurs, access to capital, doubling the guaranteed capacity of the Bermuda Economic Development Corporation, increasing the amount of money that is available and increasing d irect loans so that persons do not have to go to banks and they can go directly to the Bermuda Economic Development Corporation to start their small bus inesses and get a leg up, Mr. Speaker, wheth er it is the incubator programmes of which we have launched or others, that is what is necessary to make sure that we have persons getting ahead in life. And let us talk about the social issues, Mr. Speaker , whether it is the tackling of the root causes of violence in our communities, making sure that we tackle income inequality by making sure that we make investments in our people, which is necessary to do, programmes like Redemption Farm, programmes like Gang Violence Reduction, dealing with matters of r estorative justice and dealing in tackling those core is-sues, Mr. Speaker. Looking at the decriminalisation of cannabis, which is something I say often, Mr. Speak-er, that the same number of white people smoke weed as Black people. But there is a reason why 95 per cent of the persons who are convicted for it are Black. It is the systemic injustice inside of our country and that is the reason why we must make the chan ges in laws of which we have made. Look at the protections of which we have built as the Member for constituency 4 had spoken about for children —for sexual abuse, for making sure that there are mandatory treatment programmes, introdu cing [legislation against] luring, expunging persons’ records. Those are the things, Mr. Speaker, that this Progres sive Labour Party has committed to and we have had a very progressive agenda, Mr. Speaker . The challenge is that we can do more. But, Mr. Speaker, we have been hampered by events that are outside of our control. As Honourable Member s will know, the econom ic crisis that will face us, Mr. Speaker, is going to be a very severe one. And I have no doubt, Mr. Speaker, that there will be good days as well as bad days. But the most important thing that we can do for this country, Mr. Speaker, is to remember that t he way in which we have worked together over the past four months, when faced with a health threat that could cripple our country, is the way that we will work together going forward to rebuild this economy. Mr. Speaker, I want to end where I started. And where I started was on the issue of service. T omorrow, Mr. Speaker, members of the Progressive Labour Party will be visiting homes around the country to give back on the anniversary of our election. There have been hampers that have been prepared that we are going to knock on the doors of those who are less fortunate in our society to make sure that we can give back. Leadership is about service. And the reason why, Mr. Speaker, the Progressive Labour Party won those seats at the election and the reason w hy, Mr. Speaker, the Progressive Labour Party will continue to rule this country in successive elections is because we are in touch with the needs of the persons of whom we serve. We knock on doors. We talk to our voters. We take care of their needs and we make sure that we are embedded inside of this community of which we serve, Mr. Speaker . You cannot lead people unless you understand people. You cannot lead people unless you know what it is that they desire on a daily basis. We are in touch with the pulse of this country, Mr. Speaker. That is the reason why we have been able to make the changes of which we have made thus far, and that is the reason why we will continue to make the changes in the future, Mr. Speaker . I want to tell all Honourable Member s congratulations for making it three years. The Govern-ment , the Opposition and all persons are vital to make sure that we have good governance inside of this country. And, Mr. Speaker, I look forward to continuing to have the honour to lead this country as we move forward. Tomorrow I will be on the doorsteps of my constituency, as all of our MPs will be on the door-steps of their constituencies giving back, and that is the best way, Mr. Speaker, that we can say not only thank you to our constituents but also to remember who it is we serve and why it is that we are here. Thank you, Mr. Speaker, and I will see you next week.
The SpeakerThe SpeakerThank you, Mr. Premier, for bringing us to a close this evening. Members, it has been a long day. I trust you will get s ome rest this weekend and the House will now stand adjourned until Friday next at 10:00 am. Good evening, Members. [At 12:21 am (Saturday, 18 …
Thank you, Mr. Premier, for bringing us to a close this evening. Members, it has been a long day. I trust you will get s ome rest this weekend and the House will now stand adjourned until Friday next at 10:00 am. Good evening, Members. [At 12:21 am (Saturday, 18 July 2020) the House stood adjourned until 1 0:00 am, F riday, 24 July 2020.]