June 10, 2020

Madam Attorney General , that is your
Bill, you have the floor.

STANDING ORDER 25

Sen. the Hon. Kathy Lynn Simmons: I move that the
provisions of Standing Order 25 be granted so that
Senate may now proceed with the second reading of
the said Bill entitled the Summary Offences Amendment Act 2020.

The President: Is there any objection to that motion?
No objection.
Thank you, Madam Attorney General .

[Motion carried: Leave granted for Summary Offences
Amendment Act 2020 to be read a second time on the
same day as its first reading.]

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Bill entitled the
Summary Offences Amendment Act 2020 be now
read a second time.

The President: Is there any objection to that motion?
No objection, Madam Attorney General . You
can continue.

BILL

SECOND READING

SUMMARY OFFENCES AMENDMENT ACT 2020
Sen. the Hon. Kathy Lynn Simmons: Thank you.
Madam President, the Bill before this Honourable Senate is the
Summary Offences Amendment
Act 2020 and seeks to broaden the Governor’s power
to order a temporary curfew. Madam President, the Bill will (1) permit the Governor, acting in his discretion
or on the advice of the Minister of Health, to order a


Bermuda Senate curfew in the interest of public health for a period not
exceeding seven days; (2) permit the Governor to
specify the hours during which such curfew should be
enforced; (3) confirm for the avoidance of doubt that
the Governor can make consecutive orders of curfew;
(4) repeal the definition of “hours of darkness”; and (5)
permit the order made under the relevant section of
the Act to come into force on a date as specified in the
Order.
Madam President, in the earliest days of the
response required to this global pandemic, the legisl ative tools available to the Government were not best
suited to the objectives. In the main, the provisions
were aimed at managing times of civil unrest and not
the protective measures required by these events. The initial legislative means employed for that purpose was section 14(2) of the Summary Offences Act
1926.
Madam President, the practical evidence of
the operation of the Act indicated that the provisions
did not lend themselves to the flexibility demanded of public health instances in which they may need to be
utilised. For the avoidance of doubt, it was proposed
to add [that] public health interest for those in public
safety is an element with which the Governor must be
satisfied before exercising his discretion to impose a curfew.
Madam President, you will note that in the
exercise of his discretion, it is proposed that the Gov-ernor do so in the interest of public safety or public
health, and in doing so permits the Governor to consult widely, including with the Leader of the Oppos ition. Madam President will also note that the Minister
of Health will now have the ability to invite the Governor to make an order under the Act to prevent the
spread of disease.
Madam President, the Bill further proposes to
eliminate “hours of darkness” and the definition of the same as between the hours of 5:30 pm and 6:00 am,
as it is impractical and does not provide the flexibility required to properly apply cur few times. In keeping
with the need for appropriate flexibility in the making
of an order under the Act, it is further proposed to pr ovide, for the avoidance of doubt, that the Governor
can make consecutive orders.
Finally, Madam President , the Bill provi des for
an order made for a curfew to come into force on the
date as specified in the order, and not on publication.
This allows for the ability to provide public notice and
manage the implementation of the curfew’s terms, as intended.
Madam President , as I commend this Bill to
the Senate for consideration, i t is important to note
that as we speak today, we do so still under a state of emergency. The unprecedented events of the last few
months have demonstrated the need for us to be ni mble and to have better legislative tools at our disposal
that match these modern needs. This is a short Bill, but one which will further assist us in in managing the
ongoing response to this pandemic.
Thank you, Madam President.
[Pause]

Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident?
The President: Yes, Madam Attorney General .

Sen. the Hon. Kathy Lynn Simmons: So for the
benefit of the listening public, if I may, I would just give a brief overview of the clauses of the Bill.

The President: Please do. Carry on, Madam Attorney
General .
Sen. the Hon. Kathy Lynn Simmons: Thank you.
Clause 2, Madam President, repeals subsections (1)(e), (2), (3), (4) and (5) of section 14 of the
Act, as their provisions are re- enacted, with modific ations, in the new section 14A (which is under clause
3), which provides for a seven- day (currently threeday) curfew in the interests of public safety or public
health ( and that provision is currently only public saf ety). It also broadens the curfew hours so as not to r estrict to hour s of darkness, as I said previously, cu rrently defined as “the period between 5.30 p.m. and
6.00 a.m. next following. ”
Clause 3 [sic], Madam President, repeals
subsections (1)(e), (2), (3), (4) and (5) of section 14 of
the Act, as their provisions are re- enacted, with the
necessary modifications, in the new section 14A (and that is under clause 3), which provides for a sevenday (currently three- day) curfew in the interests of
public safety or public health and broadens the curfew hours so as to not restri ct to hours of darkness currently defined as “the period between 5.30 p.m. and
6.00 a.m. next following.”
Thank you, Madam President, for your indu lgence.

The President: Thank you, Madam Attorney General .
Would any Senator care to speak on this Bill?
[Pause]

The President: Would any Senator care to speak on
this Bill?
No. Then, Madam Attorney General , it a ppears no Senator wants to speak on it. I think it a ppears that you have clarified all of the points. So you have the floor.

SUSPENSION OF STANDING ORDER 26
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
952 10 June 2020 Official Hansard Report

Bermuda Senate I move that [Standing Order] 26 be suspended
in respect of this Bill.

The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Bill entitled the Summary O ffences Amendment Act 2020 be now read a third time.

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

BILL

THIRD READING

SUMMARY OFFENCES AMENDMENT ACT 2020

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Bill do now pass.

The President: Is there any objection to the passage
of the Bill?
No objection. The Bill entitled the Summary
Offences Amendment Act 2020 is passed.
[Motion carried: The Summary Offences Amendment
Act 2020 was read a third time and passed.]

The President: Thank you, Madam Attorney General ,
and thank you, Senators.
We will move on to the second item on the
Orders of the Day, and that is the Emergency Powers
Amendment Act 2020. And that is your Bill as well,
Madam Attorney General .
[Pause]
The President: Madam Attorney General , is this your
Bill, the second Bill?
Sen. the Hon. Kathy Lynn Simmons: Yes, it is. I am
sorry. I was just muted for a second. My apologies.
The President: No problem. It is the Emergency
Powers Amendment Act 2020. You have the floor. Standing Order 25.

STANDING ORDER 25

Sen. the Hon. Kathy Lynn Simmons: Yes. So I am
moving that the provisions of Standing Order 25 be granted so that the Senate may now proceed with the second reading of the Bill entitled the Emergency
Powers Amendment Act 2020.

The President: Is there any objection to that m otion?
No objection, Madam Attorney General .
Carry on.

[Motion carried: Leave granted for Emergency Powers
Amendment Act 2020 to be read a second time on the
same day as its first reading.]

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Bill entitled the Emergency Powers Amendment Act 2020 be now
read a second time.

The President: Is there any objection to the second
reading?
No objection.
Carry on, Madam Attorney General .

BILL

SECOND READING

EMERGENCY POWERS AMENDMENT ACT 2020
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Madam President , very often when Bills of this
nature come to this Senate , there is a tendency to
refer to them as “ housekeeping amendments. ” To the
casual observer this may appear to be the case with
the [Emergency Powers Amendment Act 2020
]. However, Madam President, more than housekeeping, this
is clar ifying a legal position to ensure greater transparency in the management of affairs on behalf of the
people of Bermuda.
The Bill before the Senate will amend the
Emergency Powers Act 1963 to provide that regul ations, orders and rules made under the Act ar e subject
to parliamentary scrutiny by way of the negative res olution procedure. Madam President , the Honourable
Premier undertook to resolve the diver gence of views
that emerged in recent debates in another place with
an aim to make it clear that the negative resolution
procedure would be applied to regulations made under the Act.
Madam President , it should not be lost that we
are considering this change and erring on the side of more scrutiny at a time when in other countries the
restrictions on individu al freedoms have been transformed from “defensive” to shield the most vulnerable
from COVID -19 to an “ offensive” to quell the unrest
provoked by an act of criminal homicide in the United States.
Scrutiny of administrative action is a good
thing. It promot es confidence in decision- making. It
encourages better decision- making and cultivates an


Bermuda Senate atmosphere of inclusion among everyday citizens and
their representatives.
Madam President , I am pleased to fulfil the
undertaking that the Honourable Premier made, and I
commend this Bill to this Honourable Senate. Thank
you, Madam President.
If I may be specific with regard to the partic ular clauses , with your indulgence?

The President: Yes. Carry on.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Clause 1 is self -explanatory.
Clause 2, Senators, repeals and replaces the
provisions of section 6 of the Emergency Powers Act
1963. The new section provides that regulations made
by the Governor under that Act, as well as orders and
rules made by another authority or person under such
regulations, are subject to parliamentary scrutiny by
the negative resolution procedure.
Clause 3 , Madam President, amends the First
Schedule to the Statutory Instruments Act 1977 by removing the Emergency Powers Act 1963 from that
Schedule. This would make the Statutory Instruments
Act 1977 apply to the Emergency Powers Act 1963 .
And I refer you to see section 12 of the Statutory I nstruments Act 1977.
Thank you, Madam President.

The President: Thank you, Madam Attorney General ,
Government Leader in the Senate.
Would any Senator care to speak on this Bill?

Sen. Jarion Richardson: Yes, Madam President, I
would. (Senator Richardson.)

The President: Senator Jarion Richardson, you have
the floor.
Sen. Jarion Richardson: Thank you, Madam Pres ident, and good [morning] to yourself, fellow Senators
and the listening public. Can you hear me? Okay,
great.
Yes. I have a set of questions, really only two
questions that relate to this. I am mindful that the ci rcumstances of the coronavirus were such that our
legislative tools at the time were unclear or , rather, as
the Honourable Attorney General said, there was a
divergence of opinion. And obviously in times of great
distress we need a kind of solidarity and centrality of
purpos e to proceed through that distress and to take
care of our most vulnerable. To that end, the Gover nment has made this step.
Where I . . . I always question the wisdom of
moving the lines of something as old as this and something that has been used in the past successfu lly. Certainly we have not seen a commission or any other documentation, as far as I am aware, that has recommended this move. This move comes about
specifically after the coronavirus, and it was a unique
circumstance. So I do think that ther e is some benefit
of the doubt that has to be afforded to the Gover nment.
That being said, it cannot go without scrutiny ,
that a line is being moved and the Government has an
onus of responsibility to explain why that line is being
moved, especially as it relates to emergency powers.
They are significant, the ramifications of which deprive
citizens and residents of their constitutional rights.
So to that end, I would like to expand this
conversation, or certainly make sure that as much of
the logic is put into the public domain and entered into
our formal records. In the fulness of time, history will
determine whether or not we are t aking the right steps
after the coronavirus or if we are preparing for the
next emergency in a prudent way. So it is . . . I am not
going to take the opportunity to be the judge of this
particular step because I do think that this will play out
over time. Rather, I would ask that the Government,
as before, as much as possible, certainly as much as
we are equipped right now in th is Chamber, to explain
the logic behind this.
And to that end, [I have] two specific questions because I do think the Attorney General did outline those points to a degree.
My two questions are, How and in what way is
the transparency greater than before? And I will say
that again: How and in what way is the transparency
greater than before? And why is the Statutory Instr uments Act being utilised in this way now?
Thank you.
The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on
this Bill?

[Pause]

The President: No. Then it seems, Madam Attorney
General , you have two questions to respond to.

Sen. the Hon. Kathy Lynn Simmons: I will speak
generally first, Madam President. Yes, time will tell
whether this is a step in the right direction. The Go vernment believes that it is in these emergency times.
I will say that, as with all amendments, we will
assess, and the effect and intention will be borne out
in time as to whether or not it achieves the mark. I will
also re- emphasise the call that has been worldwide
and also in this community, and in particular within the Legislature, for more transparency. The Government
is satisfied that we achieved this.
The specific . . . and again, can I be honest ? I
would appreciate if the Senator would repeat those two questions for my edification . I was actually writing
954 10 June 2020 Official Hansard Report

Bermuda Senate at the time. So, Senator Richardson, I would really be
grateful if you would repeat those two questions.

Sen. Jarion Richardson: Sure. Absolutely.
[Crosstalk]

Sen. Jarion Richardson: I am sorry. I did not mean
to interrupt you.
Yes. How and in what way is the transparency
greater than before this a mendment?
And the second question is, Why is the Stat utory Instruments Act being included at this point in this
amendment?
Sen. the Hon. Kathy Lynn Simmons: Okay. Thank
you.
As I said, clause 2 makes it clear that the new
section is going to ensure that regulations made by the Government under the Act, as well as those new
rules made by another authority or person under
those regulations , are subject to parliamentary scrut iny. That is the difference.
With respect to why the Statutory Instruments
Act is being used, that is the procedure under which
the . . . that is the Act under which procedures related
to legislation, particularly statutory instruments , is
found. I hope that assists.

The President: Senator.
Sen. Jarion Richardson: Just a point of clarification,
Madam President, just on the . . . Madam Attorney
General had said that it would be subject to parli amentary scrutiny. And it was my understanding that
this was already . . . these orders . . . sorry, the regulations were already subject to parliamentary scrutiny,
just through a different mechanism.
So a point of clarification would be, I am as king more so why this new mechanism versus the other
mechanism, if that clarifies anything. I hope it does.

Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I cannot add anything to my previous answer.
[Feedback]

The President: Sorry, Madam Attorney Gener al. Your
response is?

Sen. the Hon. Kathy Lynn Simmons: I am not adding any more to my previous answer. I think this
should satisfy . Yes . Mm-hm.

The President: Thank you, Madam Attorney General .
Would any other Senator care to speak on
this Bill?
If not, Madam Attorney General , then you will
continue. [Pause]

The President: Madam Attorney General ?
Sen. the Hon. Kathy Lynn Simmons: I am sorry,

There are no other questions. So I am
saying that you can continue with the Bill.

SUSPENSION OF STANDING ORDER 26

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. My microphone was in fact off, and
I turned it back on.
I move that [Standing Order] 26 be suspended
in respect to this Bill.
The President: Is there a ny objection to that motion?
No objection.
Carry on, Senator, Madam Attorney General .

[Motion carried: Standing Order 26 suspended.]

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Bill entitled the Emergency
Powers Amendment Act 2020 be now read a third
time.

The President: Is there any objection to the third
reading?
No objection.
Carry on, Madam Attorney General .

BILL

THIRD READING

EMERGENCY POWERS AMENDMENT ACT 2020

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Bill do now pass.
The President: Is there any objection to the passage
of the Bill?
There is no objection. The Bill entitled the
Emergency Powers Amendment Act 2020 is passed.

[Motion carried: The Emergency Powers Amendment
Act 2020 was read a third time and passed.]

The President: Thank you, Madam Attorney General.
Sen. the Hon. Kathy Lynn Simmons: Thank you,

Thank you.


Bermuda Senate We will now move on to the third item on our
agenda, and that is the second reading of the Merchant Shipping Amendment Act 2020. And that Bill is
. . .

Sen. Crystal Caesar: Senator Caesar.

The President: Senator Caesar.

Sen. Crystal Caesar: Yes, Madam President.
The President: You have the floor. They are going to
you; you have the floor.

STANDING ORDER 25

Sen. Crystal Caesar: Thank you, Madam President.
Madam President, I move that the provisions
of Standing Order 25 be granted so that the Senate
may now proceed with the second reading of the Bill
entitled Merchant Shipping Amendment [Act] 2020.

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

[Motion carried: Leave granted for Merchant Shipping
Amendment Act 2020 to be read a second time on the
same day as its first reading.]
Sen. Crystal Caesar: Madam President, I move that
the Bill entitled the Merchant Shipping Amendment
[Act] 2020 be now read a second time.

The President: Is there any objection to the second
reading?
No objection. Carry on, Senator Caesar.

BILL

SECOND READING

MERCHANT SHIPPING AMENDMENT ACT 2020
Sen. Crystal Caesar: Thank you, Madam President.
The purpose of the [
Merchant Shipping
Amendment Act 2020 ] before the Senate today is to
bring Bermuda’s maritime legislation up to date with
the recent International Maritime Legislation Amendment. The Bill allows Bermuda to keep up with our
international obligations to ensure our maritime legi slation remai ns current and aligned with the International Maritime Organization’s (or IMF) conventions and protocols.
Madam President, the initial amendments
proposed relate to safety and pollution to protect the
environment from pollution from ships. The Bill gives
the Minister the authority to give directions to a ship or
ship owner following an accident on a ship in Berm u-da waters or an accident involving a Bermuda ship
where the ship is in danger of leaking a hazardous
substance that would cause damage to Bermuda’ s
coastline.
To ensure the Minister has the power to give
direction to deal with pollution incidents within Berm uda’s territorial waters (or 12 nautical miles) and within
our offshore waters (12 to 200 nautical miles), there is
a related amendment to include a definition for Bermuda’s “Exclusive Economic Zone.”
Details of the actions the Minister may take
are set out in a new Schedule 3A entitled “Safety D irections.”
Madam President, the Bill makes further
amendments with respect to how the regulations are
to be made. Sections 179 and 180 of the Act deal with
the provisions of the Convention relating to the Car-riage of Passengers and their Luggage by Sea having
the force of law in Bermuda, and provide for the Mini ster to make orders which are currently subj ect to the
affirmative resolution procedure. To facilitate the fr equency and speed of which, sometimes, these orders need to be made to meet Bermuda’s international o bligations, amendments to sections 179 and 180 are
being made to enable orders made by the Minister to
be made by the negative resolution procedure.
Madam President, additional amendments
mean the Minister will now have the authority to make
ambulatory references to international conventions.
The new section 254A will allow the continuous and
regular changes to international maritime conventions
to be made in a much quicker fashion than Bermuda
legislation. The current practice of updating maritime
legislation at times can lead to delays in implement ation which, in turn, can result in ships being cha llenged during inspections in foreign ports, leading to
delays and inconvenience for Bermuda ships.
The effect of the new section 254A is to e nsure that the powers of the Minister to make regul ations, orders or rules wherever they appear in the Act ,
can be exercised to provide that a reference in legisl ation to an international instrument is to be interpreted
as a reference to the instrument as modified from time
to time , and not simply to the version of the instrument
that exists at the time that the secondary legislation is
made.
Madam President, it is important to mention
that the inclusion of ambulatory references to intern ational conventions does not ultimately obviate the Mi nister of the responsibility to ensure that our legislation
remains current and up to date with international i nstruments and obligations. The main benefits of using ambulatory references are simplification, clarity for
industry users of our maritime legislation, and prompt
compliance by Bermuda with international obligations.
Parliamentary control will be maintained, as
the Minister will always have the power to make an
instrument to prevent an unwanted amendment to an
international instrument from becoming Bermuda law.
956 10 June 2020 Official Hansard Report

Bermuda Senate Such an event is thought to be extremely unlikely, as
the m easures are generally related to safety, are
agreed internationally, and will invariably be international obligations which Bermuda has to fulfil and i nternationally applicable standards with which Bermuda
ships will have to comply, regardless of whether t hey
pass into domestic law or not.
Madam President, final amendments include
revoking the Merchant Shipping (Prevention of Air
Pollution from Ships) Regulations 2005, which is essentially a housekeeping exercise; and making a con-sequential amendment to the Dangerous Vessels Act
1990 by inserting a new section on safety directions
into that Act. The purpose of the new section is to expand the Minister’s powers in the Dangerous Vessels Act 1990.
With that, Madam President, I conclude my
comments and welcome m y fellow Senators for their
comments as well.

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

Sen. Marcus Jones: Yes, I would, Madam President.
Good morning to you.
The President: Good morning, Senator Jones.
Sen. Marcus Jones: Good morning to my fellow
Senate colleagues, as well as to the listening audi-ence.
First of all, let me first thank the Junior Mini ster of Tourism and Transport for giving us that brief on
this particular Merchant Shipping Amendment Act
2020. We do support this amendment, and we can
appreciate the Government’s attempt to update and
upgrade its laws for international maritime standards
and protocols. We do note that it would add to even
more robust safety and protection protocols in the
event of things such as pollution that could be i ncurred by ships that are entering our waters.
We also acknowledge that this particular
amendment gives the Minister authority to give direc-tions to ship captains or any persons in charge of vessels entering o ur waters, especially in the event of an
accident which may cause potential damage to Bermuda’s coastline. So in the spirit in which this
amendment has been presented to us, we are in
agreement.
But in my reading of this particular amendment, there is som ething that caught my attention
which I would like to pose to the Junior Minister at this
time if I may. If I may be allowed to read [paragraph]
8(2) of [Schedule 3A of] the amendment, where it
states, “The Minister shall pay compensation to any
person who suffers loss or damage as a result of the
remedial action (whether it was taken by him or
someone else), if the person applies to the Minister for
compensation.” This raises the question, at least in my mind,
that with the Minister’s added powers to actually give directives to persons who are in control of these shi pping vessels, gives him the latitude to give instruc-tions, directives which would extend to his technical officers, of course, in the event that there is a potential
danger. My question would be, if at the advice of the
Minister or his technical officers that shipping vessel
incurred damage to their person or to their property, it
puts the Minister in a position of great exposure and,
in extension, this Bermuda Government in liability too,
in the event that those are damaged.
For example, let us say there is an oil tanker
that has incurred damage due to instructions that may
have been given by the Minister or his technical offi cers. Just like we have liability insurance, for example, directors or officers who are part of a board of a company who [are] protected in the event that they make
decisions for the company that may have a negative
impact on the operations of a company, can the Junior
Minister assure us that in the event that there is a d ecision or directive that is made that causes undue
damage— which could be in the tune of hundreds of
thousands of dollars —there is sufficient coverage and
insurance to protect the Government from this exposure?
And I thank you, Madam President.

The President: Thank you, Senator Jones.
Would any other Senator care to speak on
this Bill?
No. Then, Senator Caesar, you —

Sen. Jarion Richardson: Sorry. Sorry, Madam Pres ident.

The President: Senator Jarion Richardson, yes.

Sen. Jarion Richardson: Yes. Thank you. Thank
you.
As far as the abilities of Bermuda to enforce
this instrument, particularly at sea, I am very mindful
that we have only just recently constituted the Coast
Guard. And I am not entirely sure of our environmental protection mechanisms as they relate to the marine environment, whether we have any. And also, obv iously operations at sea, especially when it comes to
enforcing laws, often involve armed personnel and
these sorts of things.
So to that end, I would like to ask the Senator ,
What interdiction capabilities are necessary to enforce
these directions . And the second question would be,
Does Bermuda have those maritime capabilities to
enforce these directions at sea? And the third question is, If there is a gap in terms of our capabili ties,
when will that be remediated and at what cost?
Thank you.



Bermuda Senate The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on
this Bill?
Seeing none, then, Senator Caesar, you have
a few questions to respond to.
You hav e the floor.

Sen. Crystal Caesar: Thank you, Madam President,
and I thank colleagues for their questions.
In regard to the first question, Madam Pres ident, about insurance, whether we have sufficient i nsurance or not, the Government would generally be covered under liability insurance for events that are
foreseeable in maritime [situations]. And so we would
have sufficient insurance for whatever liabilities come
up.
With regard to the second question, by Senator Jarion Richardson, yes, it does . . . the question
actually is not directly related to this Bill. I would defer
him to the Ministry of National Security, which has a provision for Coast Guard affairs. So we can take his
questions under advisement. And if he would . . . I
would pass them on to the Ministry of National Secur ity for further answer.

The President: Thank you, Senator Caesar.
Do you want to now move your . . . do the
second reading?

Sen. Crystal Caesar: Yes. Thank you, Madam Pres ident.
Madam President, I now move that the Bill
entitl ed Merchant Shipping Amendment [Act] 2020 be
now read the second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Caesar.

SUSPENSION OF STANDING ORDER 26

Sen. Crystal Caesar: Madam President, I move that
[Standing Order] 26 be suspended in respect of this
Bill.

The President: Is there any objection to that motion?
No objection.
Carry on, Senator Caesar.
[Motion carried: Standing Order 26 suspended.]

BILL

THIRD READING

MERCHANT SHIPPING AMENDMENT ACT 2020
Sen. Crystal Caesar: Madam President, I move that
the Bill entitled Merchant Shipping Amendment [Act]
2020 be now read a third time.

The President: Is there any objection to the third
reading?
No objection.
Carry on .
Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill do now pass.
The President: It has been moved that the Bill ent itled the Merchant Shipping Amendment Act 2020 do
now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.

[Motion carried: The Merchant Shipping Amendment
Act 2020 was read a third time and passed.]

The President: Thank you, Senator Caesar. And
thank you to all Senators.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBIT UARY SPEECHES
The President: Would any Senator care to speak on
these items?
Sen. Marcus Jones: Yes, Madam President. I would
like the opportunity if I may.

The President: Senator Marcus Jones, you have the
floor.
Sen. Marcus Jones: Thank you, Madam P resident.
I would like to extend congratulations to the
Loren at Pink Beach and Butterfield Meal Programme
that provided meals to the vulnerable population that
saw our senior service at a rate of nearly 1,000 meals
per day. This programme was launched on April 1
st
and extended through to Bermuda Day on May the
29th. There was a total of approximately 50,000 meals
delivered. And along with the present sponsors, the
following charitable donations were made by these
companies, in no particular order. And I believe it is
important that we highlight them:
• Aspen Insurance Holding Ltd. ;
• Enstar Ltd. ;
• Randall & Quilter Investment Holdings Ltd.;
and
• SigCo [Group].
958 10 June 2020 Official Hansard Report

Bermuda Senate In conjunction with the following organisations
that were instrumental in delivering those meals:
• St. Peter’s Anglican Church;
• Bethel AME Church;
• St. Patrick Roman Catholic Church;
• Christ Church, Devonshire;
• the [Anglican] Cathedral of the Most Holy Tri nity;
• St. Theresa’s Roman Catholic Cathedral;
• St. Paul’s Anglican Church;
• The Eliza Doolittle Societ y;
• Mount Zion AME Church; and last but definit ely not least,
• St. James Anglican Church .
So I would like for congratulations to be extended to these organisations for stepping to the plate
and providing this service to our most vulnerable wit hin our popul ation.
Thank you, Madam President.

The President: Thank you, Senator Jones.
Would any other Senator care to speak on
congratulatory . . .
Sen. James S. Jardine: Madam President, Senator
Jardine here.
The President: Senator Jardine, you have the floor .
Sen. James S. Jardine: Thank you, Madam Pres ident. Good morning, fellow Senators and listening
public.
I would like to extend condolences to the fam ily of J. Christopher Astwood, or “Kit” Astwood as he
was known by many of us, who passed away earlier
this month. Kit was very active throughout Bermuda
and served as a Member of Parliament from Sandys
North from 1968 to 1980. He also served on many
charitable committees and was a past President of the Bermuda Chamber of Commerce.
I remember Kit well for his drive and determ ination to raise funds for the Anglican Cathedral back
in the 1990s. When he was chairman and I was vice
chairman of the committee which was established to
raise money for the repair of the exterior stonework of
the Anglican Cathedral i n Hamilton, a process that
took some two years, he was just great fun to work
with. And I always remember him as being kind and
helpful to many people throughout Bermuda.
So to his wife Denise and their son Chris, I
would like to extend my sincere condole nces.
Thank you, Madam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on the
congratulatory and/or obituary speeches?
Sen. Vance Campbell: I am here, Madam President.
Madam President? The President: Yes. Se nator Campbell.
Sen. Vance Campbell: First of all, I would like co ngratulations to be sent to young Erin Jones, a Berm uda High School student who was accepted at the Un iversity of Cambridge for the autumn semester to pursue a degree in history. And the yo ung lady said that
she felt, she believed that her interview, where she
discussed certain issues, solidified her position at
Cambridge. She explained Cambridge is interested in
what you have done to read about your subject out-side of the school curriculum, and she had done just
that and was able to talk about things that were really
out of the norm. And this showed that she really was
interested in her field.
I want to come back to that. I may come back
to that later on under the motion to adjourn, because this young lady knew that she had to distinguish herself from other candidates, and was successful in doing so. So I wish her all the best as she plans to pursue a law degree later on, Madam President. So I
wish her all the best.
Second, I would like to— this is more of a
thank you, Madam President, to Dy -Juan DeRoza (I
hope I have pronounced her name correctly). She is an expert in the spread of disease, and she pitched in
to help the Ministry of Health on the COVID -19 ep idemic on the Island. And she is an epidemiologist and
[she put] in long hours during the past two to three
months, along with her team. And I just want to thank
her as well, Madam President.
If I can move to obituaries, I would like for
condolences to be sent to the family and friends of
Reginald Terrance Gomes. I knew him as a footballer,
a goalkeeper. I played against him in the Junior ranks
coming through from Under -14s all the way through to
Under -18s. He was an excellent goalkeeper. He attacked the sport in the right manner. You nev er saw
him angry. He always kept a calm head. And during
his time in those youth ranks Somerset was a powerhouse.
Only [INAUDIBLE] by [ INAUDIBLE] Devonshire Colts, the team I played for, Madam President. But, you know, I just want to pass on those condolences to his family if it so pleases the Senate.

The President: Thank you.

Sen. Vance Campbell: Lastly, Madam President, I
would like the Senate to send condolences to the fa mily of the late Dr. Eva Naomi Hodgson. She passed on
Bermuda Day, I believe, in her 96
th year. And thereby,
unfortunately, missed Sunday’s Black Lives Matter
march. I am sure the level of participation across all
spectrums of Bermuda would have warmed her heart,
and at the same time for such an event which was so many overdue, I am sure it would have brought tears
to her eyes as well.


Bermuda Senate She was an educator, an author, an activist,
an anti -racism campaigner, a historian. She had two
master’s degrees, a doctorate in African History and
Black American History. She was an OBE [Order of
the British Empire] recipient. And some of the terms
used to describe her are great, matriarch of anti -
racism, first -class woman, racial justice warrior, indomitable warrior for civil rights and racial justice, a
fierce advocate for racial equality, awe- inspiring mix of
courage, determination and commitment, and many
more, Madam President. She will be missed.
Thank you, Madam President.

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

Sen. Michelle Simmons: Yes, I would.
The Presid ent: Senator Michelle Simmons, you have
the floor.
Sen. Michelle Simmons: Thank you, Madam Pres ident.
I am hoping that I can get through this because my Internet connection keeps dropping. So if
you lose me, you will know why.
First of all, I would like to extend congratul ations to all of the graduates of Bermuda College and all of the high schools here in Bermuda. It is a difficult
time because of the pandemic that we are all exper iencing. And so it is not possible for Bermuda College
and the high schools to have their traditional gradua-tion ceremonies, cotillions, proms, et cetera. I am sure that must be a disappointment to the students. But I
am hoping that they can all find some way of celebrating and acknowledging their achi evements, because
all those achievements have come with great effort.
So to all of our graduates, I say, Congratulations! And
look toward the next steps in your education.
On that same note, Madam President, I would
like to bring to the attention of the S enate, and Bermuda really, a really unique success story of one of
our young Bermudians who has been a student of the public school system starting from Warwick Preschool,
then on to Paget Primary, then on to Whitney Institute
Middle School, the Berkeley I nstitute, the Dual -
Enrolment Programme at Bermuda College, where
she graduated with an Associate’s [Degree] in Bus iness Administration. With that Associate’s Degree in
Business Administration, she was able to transfer
credit successfully to Georgia State U niversity, meaning she only had two years in which she completed
her first degree. Her four -year degree was completed
in two years.
This young lady has just graduated from
Georgia State with a Bachelor’s Degree in Business Administration in Risk Management and Insurance.
So she is well positioned to come back to Bermuda at
some point and join the business world here. But she is staying on at Georgia State for an additional year in
the fall to pursue a further certification in cybersecur ity. The most surpri sing thing in all of this is Zya Fraser
is only 19 years old! And she has accomplished all of
this in that span of time.
So I want to, obviously, congratulate her. But I
also think that this is a great example of a young Bermudian who has applied herself at every level of her
education, and she has gone on to great heights. I am
sure she is going to continue her educational journey
even after she gets that qualification in cybersecurity. So I am hoping that other students will look to this example as one w hich they can certainly emulate. So,
well done, Zya, and congratulations.
Finally, Madam President, if I have a couple
more minutes I would like to extend condolences to
the family of my geography teacher at the Berkeley Institute, and of course I am referring to Dr. Eva Naomi Hodgson. Dr. Hodgson taught us a number of
things in her geography classes. One of the geogr aphy items that stands out was Winds of the World. But
she taught us so much more, because her classes
were always punctuated with references to Bermuda’s
political environment. And this is in the 1960s (yes, I
am dating myself). I have always admired her very
sharp intellect. But most of all, I respected her tenacity
in advocating for Bermuda to talk about the effects of racism in this communi ty in order for us to move forward and become a more just and equitable society.
She did not encourage this dialogue just for
the sake of talking. It was really because she knew that it was only through dialogue that we could move beyond our unfortunate p ast. To her brother Arthur,
her sister Grace, her nieces, nephews and family, I offer my sincere condolences. May she rest in peace.
Thank you, Madam President.

The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on
the—

Sen. Ianthia Simmons -Wade: Yes, Madam Pres ident. (Senator Wade.)
The President: Senator Wade, Senator Simmons -
Wade, you have the floor.
Sen. Ianthia Simmons -Wade: I would like to assoc iate myself with the condolences expressed to the
family of the late Eva Hodgson given by Senator
Campbell and Senator [Michelle] Simmons.
I would also like to congratulate Jasmine
Brangman and Dynera Bean for organising the Black Lives Matter protest which highlighted systematic racism and police brutality in Bermuda. This peaceful
march turned out to be one of the largest marches that Bermuda has ever seen, with over 11 per cent of
our population, well over 7,000 people. Bermudians
960 10 June 2020 Official Hansard Report

Bermuda Senate [and] non- Bermudians from all walks of life and all
races came out to support this march. It is my hope
that it is reflected in everyone who attended that they
will support the legislation that will be put forward by
our Government to reverse the impact of systematic injustices in income, employment opportunity, wealth,
health care, housin g and education.
Thank you, Madam President.

The President: Thank you.
Would any other Senator care to speak?
Sen. Anthony Richardson: Yes, Madam President.
This is Anthony. —
Sen. Crystal Caesar: Yes, Madam President.
Sen. Anthony Richardson: Sorry. I will defer.

The President: Senator Anthony Richardson.

Sen. Anthony Richardson: I will defer to Madam
Crystal [Caesar].

[Laughter]

The President: Senator Crystal Caesar, you have the
floor.
Sen. Crystal Caesar: Thank you, Madam President,
and thank you to my fellow Senator, Mr. Richardson,
such a gentleman.
I wanted to give congratulations to one of
Bermuda’s very noted actors, or aspiring actor, Mr.
Daren Herbert. He recently won two nominations —at
the Toront o Theatre Critics Awards for two plays in
this year’s Dora Mavor Moore Awards. And it is quite
timely that these two shows chronicle the black experience and are headed up in that particular Toronto
Theatre Awards ceremony. So I think we need to give
congr atulations to him.
Also, Madam President, I have to also give
congratulations to a young Cydney Caesar Ford, who,
by the way, happens to be my older daughter. I was chastised at home this past week for not specifically
mentioning the fact that she has now graduated from
the University of Tampa with her Bachelor’s in Biol ogy, Bachelor of Science in Biology, with a minor in
Chemistry. So I would like to send out congratulations
not just to her, but to all graduates of the 2020 grad uating year. Although they are not able to graduate in a more traditional way, I would say that they are grad uating at a very pivotal and noble time in history. As
such, their graduations, however they were able to do
it or celebrate, was done in a way that may not ever
be seen agai n in history.
So with that, Madam President, I conclude my
congratulatory [messages]. Thank you.
The President: Thank you, Senator Caesar.
And, Senator Anthony Richardson, you now
have the floor.

Sen. Anthony Richardson: Good morning, Madam
President and my fellow Senators and those in the
listening audience.
The President: Good morning to you.
Sen. Anthony Richardson: I want to start by assoc iating myself with the comments in terms of Dr. Hodgson’s passing. I will say that I was there a lot younger
than her, but it is unfortunate that it is at times of people’s passing, at their death, that we give so many
more accolades than we give when they are alive to
actually receive them. We know that Dr. Hodgson was more than accomplished, but yet was never able to
fully experience and share her knowledge in a way
that would have been probably more appropriate.
I also want to add my condolences as expressed by Senator Campbell for Mr. Gomes. I did not
know Mr. Gomes personally. But I was more than
pleasantly surprised at the outpouring of love and a ppreciation shown by all those who loved him, especially those persons from the Department of Corrections.
They really, really showed out on the day when he
returned to the Island in full uniform, had a guard of
colour, a massive car parade behind him as he was
driven up to Hamilton. And so I want to add my comments to those.
And as Senator Michelle Simmons always
does (and I smile when I say this) she steals my thunder. But I want to also congratulate all those gr aduates from Bermuda College. I think that Bermuda Col-lege and the high schools —and I want to commend
them even more because not just in graduation, but they had to endure what none of us have had to e ndure in the past in terms of the last two months of their
education. They had to demonstrate personal dedic ation and commitment to carry on with their studies, to
finish their exams and to finish strong in the midst of
the stay in shelter, the curfew and all the other challenges to what would have normally been a normal
lifestyle.
So I really want to commend them. And I trust
that there is something that we can all do collectively
as an Island to recognise them. Because again, they
had to go through more than many of us have gone
through in the past.
And I would finally commend, specifically Dr.
Greene at Bermuda College and her team, because I had the opportunity to actually drive by when they
were handing out certificates. And as best they could,
they were able to bring all the pomp and circumstance
to wha t I want to call the sidewalk to ensure that every
child, every student who came to receive their certif icates were received, photographs taken, and it was really, really a good atmosphere.


Bermuda Senate And so with that, Madam President, I will say
thank you.

The Pre sident: Thank you, Senator Richardson.
Would any other Senator care to speak?
Seeing none, I would just like to associate
myself with the condolences expressed for Dr. Eva Hodgson by Senator Campbell and Senator Michelle
Simmons. So much has been said ab out Dr. Hodgson. And she truly has been a fighter for the rights of Bermudians the entire time she has been here. And she has encouraged so many students over the years
to pursue their dreams, and myself included. So I associate myself with those comments.
I also want to associate myself with the condolences expressed for Mr. Kit Astwood, which were
stated by Senator Jardine, and also to express cond olences to his wife Denise, whom I know through my
work on the LCCA [ Lady Cubitt Compassionate Ass ociation], because she has been a member of that organisation for some years.
I would also like to associate myself with the
congratulations for the organisers of the Black Lives
Matter march on Sunday, with 7,000 people turning
out. It just goes to show you that, throughout the Uni ted States and even around the world, people really
were very concerned about police brutality and what had happened to the gentleman, George Floyd, in
Minneapolis. So I think that certainly we only need to
turn on our television and we c an see the reactions
and the responses throughout the world for this issue
and what needs to happen in the police forces
throughout, well, in many countries.
And so I think that certainly Bermuda has
served [notice] that they too are very concerned, not
only about it elsewhere, in the United States and
elsewhere, but also concerns about what happens in Bermuda. And I am sure that issues surrounding any
issues that we have here will be addressed in due
course.
With that said, we will now move on to the las t
item on our agenda, which is the adjournment .
Madam Attorney General.

ADJOURNMENT

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Senate do now adjourn to
Wednesday, June 17.

The President: Thank you, Madam Attorney General.
Would any Senator care to speak on the m otion to adjourn?

Sen. Marcus Jones: Yes, I would, Madam President.

The President: That is Senator Marcus Jones. You
have the floor. CABINET CHANGES

Sen. Marcus Jones: Thank you, Madam President.
With the new Cabinet which has been rolled
out by this Government last week, we see that there is
a new Minister, a former colleague of ours in the Senate, who has been elevated to the Ministry in charge
of Immigration and Lab our. He happens to be the third
Minister responsible for Immigration since the PLP
Government returned to power in 2017.
First of all, let me wish him, that being MP
Jason Hayward, the best in this new responsibility.
And he will need to know that I and his former colleagues in the Senate Chamber will be watching very
closely and monitoring the progress of the bipartisan
immigration reform group to ensure that the work con-tinues.
Who can ignore the ironies of the Honourable
Member who, until recently, was simultaneously being
paid to represent the interests of government emplo yees on the one hand, as BPSU [Bermuda Public Ser-vice Union] President, and on the other hand repr esenting the interest of their employer as a legislator in the Senate for the Governm ent? Being the Minister
responsible for Immigration and Labour will require a Herculean effort by a first -time Minister with two por tfolios that will have significant importance as Bermuda
enters its new normal in reopening the economy.
The reason I raise this issue is because I do
not want immigration reform to be forgotten and left by
the wayside. The former Minister responsible for I mmigration saw the need to give a report on his service
in another place. And we do give him credit as, under
his guardianship, the Bermuda Immigration and Pr otection Amendment Act 2020 was enacted which pr ovided a partial remedy for mixed- status families.
But the work is not complete. And reform is
still necessary for those who remain stateless. But just
as we need the freedom of movement of foreign capital to stimulate economic activity on this Island, we need to expand the opportunity for jobs to be created.
This will necessitate the need to incentivise foreign
companies to set up businesses here. The right ba lance is needed to be struck that puts Bermudians first
in job opportunity and business ownership, while making our Island home an attractive jurisdiction for foreign investment.
Bermuda is part of a global community. And
our competitors to the south of us have taken a dvantage of this new world order and have profited from it without giving up their culture, identity or sovereignty. Can the new Minister resurrect this bipart isan group to get back to the negotiating table to continue this unfinished work of the previous Minister to
reform immigration? Can he lose the perception, fairly
or unfairly placed on him, which suggests that a for-mer union boss would hold off an overly protectionist
stance to immigration and scare away existing and
prospective international business partners?
962 10 June 2020 Official Hansard Report

Bermuda Senate Why was the previous Minister relieved of his
duties in Immigration, especially since we were given
a comprehensive list of successes within that Ministry
that many on both sides of the political aisle believed
showed signs of forward progres s? Or was the prev ious Minister moving contrary to the wishes of Cabinet,
and a new direction was deemed necessary that
could —
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident.
Sen. Marcus Jones: —only be realised by another
Minister?
[Crosstalk]
The President: Madam Attorney General. Just a m inute.
Sen. Marcus Jones: Sure.

Sen. the Hon. Kathy Lynn Simmons: Yes, point of
order.

The President: Point of order.

POINT OF ORDER
Sen. the Hon. Kathy Lynn Simmons: Yes. The Senator is taking liberties when he makes reference to his
own conjecture as to why the Minister may or may not
have been removed from Cabinet. Totally inappropr iate, in my humble opinion.

The President: Senator Jones, you need to withdraw
that comment.

Sen. Marcus Jones: I am sorry. Can the Attorney
General specifically recite back to me the statement
that she would wish for me to take back?
The President: Madam Attorney General.
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident.

The President: Yes.

Sen. the Hon. Kath y Lynn Simmons: His conjecture,
his remarks as to why a Minister may have been r emoved from Cabinet.

Sen. Marcus Jones: Madam President.

The President: Senator, restate.

Sen. Marcus Jones: Well, Madam President, in my
humble opinion, to even just ask the question is my right as a Senator to shine some light on something
that is a question that is asked around the community.
It does not in any way shine a negative light on the
Premier and his Cabinet. It just asks a question for a
post that is so important for Bermuda at this time in its history.
I will continue, Madam President.
Immigration reform —

Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, if I may.
The President: Madam Attorney General.

Sen. the Hon. Kathy Lynn Simmons: I believe
that—
[Crosstalk]

The President: Are you raising a point of order?

POINT OF ORDER

Sen. the Hon. Kathy Lynn Simmons: Yes. I believe
that you asked the Senator to withdraw his comment.
And he was not asking a question. If he was, I guess
he is asking to the atmosphere, because this is not a
forum to ask questions, on motion to adjourn.
Thank you, Madam President.

The P resident: Thank you, Madam Attorney General.
Senator Jones.

Sen. Marcus Jones: I am still at a loss to understand
what the Attorney General is requesting, as I would
think that we have the latitude to ask rhetorical questions as part of our motion to adj ourn. I am not putting
any negative spin or anything of the like, as I said earlier, to the Cabinet at all.
There are a number of questions that arise
from the Cabinet shuffle, not the least of which is the
direction that immigration reform will now take. Immigration reform was one of the pillars of this PLP platform of 2017, and it has shown up on the manifesto of
subsequent Throne Speeches and Ministerial Stat ements. The work is far from finished. But it will play an
integral role in our ability to attract business to our
shores in a global market that is recovering and where
Bermuda must position itself to give an economic advantage.
Our census statistics reveal a trend of a falling birth
rate, a growing senior population that will represent
nearly 25 per cent of our population within the next
decade and the emigration of residents to foreign
countries in numbers that we have not witnessed in
our lifetime. The workforce has shrunk considerably
over the last decade. This can be seen by a robust 40,000 local jobs in 2008 to an unflattering 33,000 in
2020. There is a raging pandemic that will erode that


Bermuda Senate number of jobs even further. It is time to be bold and
innovative.
Solving our immigration challenges will go a
long way in bolstering the number of jobs that can be
created, which will in turn increase the number of the workforce that can pay into the government coffers,
that can carry the weight of health care costs, that can
consume locally for the services in both the financial
and hospitality sectors.
Finally, we all learned this week that the Eastern
Counties was cancelled this year due to this corona-virus pandemic. Interestingly, the rules of this contest
allow for guest players from other clubs, who have no
affiliation or membership, to join in with the participa ting clubs. Those guests, or (quote/unquote) “foreign
players,” raise the quality of the match. And their i nclusion contributes to attracting fans to the tournament who may not have come under circumstances that
restricted the participation of non -members.
This analogy was offered by a Bermuda First
advisory group tasked by the Premier to develop a
long-term economic and social plan for Bermuda. It
was used to illustrate the enrichment of local talent by imported talent, talent that can raise the level of se rvice on the Island without diluting the workforce of
homegrown labour.
It is time to put fear behind us and be bold —
bold to reopen our economy, bold to be innovative and reposition ourselves to outdo our competitors,
bold to retrain ourselves in this new work environment
to be a marketable and skilled workforce in this new
normal. Bold to create an environment that welcomes
job creators that stimulate an economy in desperate need of the services of a defibrillator, bold to invite
new business to our shores that can enhance the
quality of our goods and services that we offer to a
global market.
Thank you, Madam President.
Sen. James S. Jardine: Madam President.

The President: Senator Jardine, you have the floor.

VIRTUAL EDUCATION

Sen. James S. Jardine: Thank you, Madam Pres ident.
Madam President, I want to speak about a
very positive experience I had a few weeks ago. You
may recall that back in April of this year there was a
request from the Minister of Education asking if any
Members of the Legislature were interested in assis ting public school teachers with their social studies. I
volunteered to assist, and on May 28
th I gave a virtual
presentation, verbal and with PowerPoint slides, to the
Primary 6 [P6] class of Somerset Primary, about 1 8
students.
First of all, Madam President, I must say how
impressed I was with the level of interest shown by the students and how well organised the event was. It
was obvious that the students were quite familiar with the personal learning environment and followed the guidance set down for them by their teachers. The
teachers had prepared their students well for the session, having prepared most of the PowerPoint presen-tation I used, and having already given the students
an understanding of how the Legislature works and
something about our Constitution. They also asked
the students to come prepared with questions.
And I must say, Madam President, they certainly came with a lot of questions. They had so many
that we had to continue about another half -hour session on Zoom in order to get through all the questions they had. I was very impressed at how well everything
was organised. The level of interest in this subject
shown by the students and the obvious hard work on the part of the teachers in well preparing the students
for the session— it was really quite impressive.
Of the many searching questions that were
asked by the students (such as, How did I become interested in the Senate? Why did I accept the pos ition?) one student asked me what I thought the most
important thing was to me in my role as a Senator. I
said that it was to remain independent, consider what
I believed to be important to Bermuda and her future.
And I answered him, [ INAUDIBLE] powers of the
Bermuda Constitution and the protection of the fun-damental rights of freedom of the individual.

The President: Senator Jardine, you are sounding
somewhat muted. Can you adjust your microphone,
please?

Sen. James S. Jardine: I will do so. [INAU DIBLE ] Is
that better? Is that better?
The President: Yes, it is better.
Sen. James S. Jardine: Okay. I think this one is [ INAUDIBLE]. There were many searching questions
asked by the students, such as, Why did I come to the
Senate? And why did I accept the position?
Another student asked me what I thought the
most important thing was to me in my role as a Sen ator. I said it was to remain independent and consider
[INAUDIBLE ] important to Bermuda and her fut ure,
and always [INAU DIBLE ] the Bermuda Constitution
and the protection of the fundamental rights of freedom of the individual, as set out [ INAUDIBLE ] of our
Constitution and the protection of freedom as a person. I said it was important for them to read and u nderstand that Constitution so that they are better able
to know what their rights are, as evidenced by this
past Sunday. It was an opportunity to allow [ INAUD IBLE].
I would like to again thank the principal,
teachers and the students for allowing me to speak
964 10 June 2020 Official Hansard Report

Bermuda Senate with them on the subject of our Legislature and our
Constitution.
Thank you, Madam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on the
motion to adjourn?
Sen. Vance Campbell: Yes, yes, Madam Presi dent.

The President: Senator Campbell.

Sen. Vance Campbell: Thank you, Madam President.

The President: You have the floor.

BLACK LIVES MATTER

Sen. Vance Campbell: Madam President, I would like
to start by talking about Frederick Douglass. Frederick Douglass was an escaped slave who became a prom-inent activist. He was an author and a public speaker.
He was a leader in the Abolitionist movement which
sought to end the practice of slavery before and during the Civil War.
He was about empowerment and responsibi lity. He devoted his life, as I said, to abolish slavery.
But his work did not end when in 1861 President Li ncoln ended the institution of slavery. Douglass fought for civil rights and to empower African Americans to
develop their own skills and to take responsibility for
their actions and their lives.
I want to thank (just go off on a tangent for a
slight moment) my teachers, my Standard 3 teachers,
teacher Ms. Furbert, and my Standard 5 teacher, Ms.
Hodgson, and I am dating myself by calling [them]
Standard 3 and Standard 5. But I want to thank them
because, although it was not part of the curriculum,
they took time out in the school day, I believe it was
every Friday, to teach us about black history, about
Harriet Tubman, George Washington Carver , Toussaint .
I also want to take time and thank Mr. Stan
Simons for bringing to my attention a speech made by
Mr. Frederick Douglass on July 5
th in 1852. And, Madam President, I am going to ask your indulgence and
a lot of latitude to read from this speec h. It is an extremely long speech, but I am going to read certain excerpts which within themselves would be consi dered a speech. And so I hope you will indulge both by
allowing me to read and also from a time perspective,
because I think this is very impor tant at this time in
America’s history as well as Bermuda’s history.

The President: Certainly, Senator Campbell. You can
carry on.

Sen. Vance Campbell: So this speech was set in
America during a time when slavery had yet to be abolished. And it was in an era where slaveholders disallowed their human chattel from participating in
the Fourth of July celebrations, and where even free
slaves of free states were forbidden, or discouraged
blacks from attending. And this speech takes place on the 5
th of July, just afterwards. So I will begin som ewhat into the speech. But I am reading from the
speech, Madam President, excerpts. Frederick
Douglass begins:
“1Fellow -citizens, pardon me, allow me to ask,
why am I called upon to speak here to- day? What
have I, or those I represent, to do with your national
independence? Are the great principles of political
freedom and of national justice, embodied in that Declaration of Independence, extended to us? and am I,
therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and ex-press devout gratitude for the blessings resulting from
your independence to us?
“Would to God, both for your sakes and ours,
that an affirmative answer could be truthfully returned
to these questions! Then would my task be light, and my burden easy and delightful. For who is there so
cold, that a nation’s sympathy could not warm him?
Who so obdurate and de ad to the claims of gratitude,
that would not thankfully acknowledge such priceless
benefits? Who so stolid and selfish, that would not
give his voice to swell the hallelujahs of a nation’s j ubilee, when the chains of servitude had been torn from
his limbs ? I am not that man. In a case like that, the
dumb might eloquently speak, and the ‘ lame man leap
as an hart. ’
“But, such is not the state of the case. I say it
with a sad sense of the disparity between us. I am not
included within the pale of this glorio us anniversary!
Your high independence only reveals the immeasur able distance between us. The blessings in which you,
this day, rejoice, are not enjoyed in common. The rich
inheritance of justice, liberty, prosperity and ind ependence, bequeathed by your fathers, is shared by
you, not by me. The sunlight that brought life and
healing to you, has brought stripes and death to me.
This Fourth of July is yours, not mine. You may r ejoice, I must mourn. To drag a man in fetters into the
grand illuminated temple of liberty, and call upon him
to join you in joyous anthems, were inhuman mockery
and sacrilegious irony. Do you mean, citizens, to
mock me, by asking me to speak to- day? If so, there
is a parallel to your conduct. And let me warn you that
it is dangerous to copy the example of a nation whose
crimes, lowering up to heaven, were thrown down by the breath of the Almighty, burying that nation in irr ecoverable ruin! I can to- day take up the plaintive l ament of a peeled and woe- smitten people! . . .
“Fellow -citizens; above your national, tumultuous joy, I hear the mournful wail of millions! whose

1 “(1852) Frederick Douglass, ‘ What, to the Slave, is
the Fourth of July ’”


Bermuda Senate chains, heavy and grievous yesterday, are, to- day,
rendered more intolerable by the jubilee shouts that
reach them. If I do forget, if I do not faithfully reme mber those bleeding children of sorrow this day, ‘may
my right hand forget her cunning, and may my tongue cleave to the roof of my mouth! ’ To forget them, to
pass lightly over their wrongs, and to chime in with the
popular theme, would be treason most scandalous
and shocking, and would make me a reproach before
God and the world. My subject, then fellow -citizens, is
American slavery. I shall see, this day, and its popular characteristics, from the slave’s point of view. Stan ding, there, identified with the American bondman,
making his wrongs mine, I do not hesitate to declare,
with all my soul, that the character and conduct of this
nation never looked blacker to me than on this 4
th of
July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the
nation seems equally hideous and revolting. America
is false to the past, false to the present, and solemnly
binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occ asion, I will, in the name of humanity which is outraged,
in the name of liberty which is fettered, in the name of
the constitution and the Bible, which are disregarded
and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, ever ything that serves to perpetuate slavery —the great sin
and shame of America! ”
(We can add Bermuda to that as well, Madam
President.)
“‘I will not equivocate; I will not excuse; ’ I will
use the severest language I can command; and yet not one word shall escape me that any man, whose
judgment is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be fight and
just. But I fancy I hear some one of my audience say,
it is just in this circumstance that you and your brother
abolitionists fail to make a favorable impression on the
public mind. Would you argue more, and denounce
less, would you persuade more, and rebuke less, your
cause would be much more likely to succeed. But, I
submit, where all is plain there is nothing to be ar-gued. What point in the anti -slavery creed would you
have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded
already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they
punish disobedience on the part of the slave. There
are seventy -two crimes in the State of Virginia, which,
if committed by a black man, (no matter how ignorant
he be), subject him to the punishment of death; while
only two of the same crimes will subject a white man to the like punishment. What is this but the acknow ledgement that the slave is a moral, intellectual and responsible being? The manhood of the slave is co nceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under
severe fines and penalties, the teaching of the slave
to read or to write. When you can point to any such
laws, in reference to the beasts of the field, then I may
consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when
the cattle on your hills, when the fish of the sea, and
the reptiles that crawl, shall be unable to distinguish the s lave from a brute, their [sic] will I argue with you
that the slave is a man!
“For the present, it is enough to affirm the
equal manhood of the Negro race. Is it not astonishing
that, while we are ploughing, planting and reaping,
using all kinds of mechanical tools, erecting houses,
constructing bridges, building ships, working in metals
of brass, iron, copper, silver and gold; that, while we
are reading, writing and cyphering, acting as clerks, merchants and secretaries, having among us lawyers,
doctors, ministers, poets, authors, editors, orators and
teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill -side, living, moving , acting, thinking, planning, living in families as husbands,
wives and children, and, above all, confessing and
worshipping the Christian’s God, and looking hopefully
for life and immortality beyond the grave, we are
called upon to prove that we are men!
“Would you have me argue that man is ent itled to liberty? that he is the rightful owner of his own
body? You have already declared it. Must I argue the
wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty,
involving a doubtful application of the principle of justice, hard to be understood? How should I look to- day,
in the presence of Americans, dividing, and subdivi ding a discourse, to show that men have a natural right
to freedom? speaking of it relatively, and positively, negatively, and affirmatively. To do so, would be to
make myself ridiculous, and to offer an insult to your
understanding. There is not a man beneath the can opy of heaven, that does not know that slavery is wrong
for him.
“What, am I to argue that it is wrong to make
men brutes, to rob them of their liberty, to work them
without wages, to keep them ignorant of their relations
to their fellow men, to beat them with sticks, to flay
their flesh with the lash, to load their limbs with irons,
to hunt them with dogs, to sell them at auction, to
sunder their families, to knock out their teeth, to burn
their flesh, to starve them into obedience and submi ssion to their masters? Must I argue that a system thus
marked with blood and stained with pollution is
wrong? No! I will not. I have better employments for
my time and strength than such arguments would i mply.
“What, then, remains to be argued? Is it that
slavery is not divine; that God di d not establish it; that
966 10 June 2020 Official Hansard Report
B ermuda Senate our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot
be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argu-ment is past.
“At a tim e like this, scorching irony, not co nvincing argument, is needed. O! had I the ability, and
could I reach the nation’s ear, I would, to- day, pour
out a fiery stream of biting ridicule, blasting reproach,
withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quic kened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypoc-risy of the nation must be exposed; and its crimes against God and man must be proclaimed and de-nounced.
“What, to the American slave, is your Fourth
of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cr uelly [sic] to which he is the constant victim. To him,
your celebration is a sham . . . .”
The President: Senator C ampbell. Senator C ampbell,
can I interrupt you and inform you that you ha ve two
more minutes .
Sen. Vance Campbell: Well, Madam President, I will
cut it off there. as far as reading from the speec h. I
was hoping that you would extend me a little more
liberty.
[Laughter]
Sen. Vance Campbell: But we fast -forward 168
years, Madam President. And we hear the Premier of
Bermuda, David Burt, stating in his June 8 press conference [that] yesterday was a powerful moment for
Bermuda, thousands turned out for the Black Lives
Matter movement while demanding justice and the
elimination of racism in Bermuda. So we have not moved that far in 168 years.
I would like to congratulate the two young l adies who organised Sunday’s march, Dynera Bean
and Jasmine Brangman. In these two young ladies perhaps we have people to follow in the mould of Dame Lois Browne- Evans and Dr. Eva Hodgson. It
warmed my heart to see the turnout that encom-passed a broad cross section of the community. It was a good start. It would be naïve to believe that all will be well going forward because of the support shown
on Sunday. But hopefully, the change began and pr ogress was started.
Will making changes to the legislation that will
dismantle laws, practices and policies of systemic rac-ism alone change anything in Bermuda? No. Black peopl e must follow the example of Ms. Erin Jones as
she went for her University of Cambridge interview. Prepare yourself so that you stand out from the other candidates. We must also continue as Frederick
Douglass would want, to develop our skills and to take
responsibility for our actions and our lives. You will still
face obstacles. But although they may steal your pr ogress, do not let them stop you. Do not use them as reasons to give up.
Mr. Kanhai Woolridge and others like him who
have been passed over for promotions, keep rooting for it. Do not stop.
Madam President, my caucus colleague, MP
Rolfe Commissiong, regularly reminds us: Progressive economists globally have noted that those societies that achieve systemic change with the emphasis on
creating a financial and economic system that will
achieve more racial equity have better economic out-comes, healthier and more dynamic economies.
And, Madam President, I will close with the
words of the great Bob Marley: “Until the color of a man’s skin is of no more significance than the color of
his eyes, Me say war.”
Thank you, Madam President.
The President: Thank you, Senator Campbell.
Would any other Senator care to speak on the
motion to adjourn?
Sen. Ianthia Simmons -Wade: Senator Wade.
The President: Sena tor Wade, Simmons -Wade, you
have the floor.
BLACK LIVES MATTER
Sen. Ianthia Simmons -Wade: Good morning, Madam President, fellow Senators and listening audience.
Black Bermudians are currently facing two
pandemics: systematic racism and COVID -19. Our
Island remains deeply divided in many ways. The
death of George Floyd was the catalyst for change in America and spread throughout the globe, including
Bermuda. People are saying, Enough is enough. I
was shocked and horrified at the recent case of
George Floyd’s murder. To be quite honest, I still have not watched the entire thing. It is hard to imagine that anyone, black or white, seeing this would not feel the same.
Marching on Sunday alongside with Senator
Campbell was making history for all of us. We were
marching for change and a new Bermuda. Even amidst the pandemic throughout the world hundreds of thousands of people protested against racism and police brutality.
Madam President, it is important to understand what systemic racism is. It is expressed in the
practice of social and political institution. It is reflected in disparities regarding wealth, income, criminal jus-tice, employment, housing, health care, political power and education, among other things. Racism is the el-ephant in the room that continuously infiltrates every


Bermuda Senate aspect of our society, which goes unseen by anyone
who is not on the receiving end, anyone who is not
black or a minority.
As blacks, we do not have the unquestioned
and unearned set of advantages, entitlements, bene-fits and choi ces bestowed upon us like white people.
Generally, white people who experience such priv ileges are not even conscience of it, being followed in a store, being profiled, being stopped constantly by
the police. Benefiting from systemic racism, practices
such as employment, housing, wealth and education,
is what is called white privilege.
Madam President, most of us have exper ienced racism at some stage in our lives, and so have our children. When my daughter was six years old, a new white student came to the class. And she told the
teacher, I don’t want to sit by a dark girl. At that point,
I knew it was time to discuss racism with my children.
Just finding black dolls and giving them the black st ories is not enough to prepare them for what they have
to face. Discussions on race need to begin at a very
early age at home. This should continue in our
schools. We have to accept that there are different
races and respect other races.
Madam President, racism can only end when
we address institutional barriers and policies that pr eserve and perpetuate the economic and social ine-qualities of Bermuda. In the past few weeks, most of
us have reflected on the personal incidents of racism.
Conversations on race and racism are now being had
in our community. The more things change, the more
they remain the same.
Madam President, I beg your indulgence to
read an interview that my husband gave over 50 years ago.

The President: You certainly may, Senator Simmons.
You can.

Sen. Ianthia Simmons -Wade: Okay.
This was done in October 1970, in discussing
civil disturbances . “What we have seen here resulted
from the frustration borne by colonialism. Young pe ople who feel frustrated and trapped in society reacting.
The reaction from Government has largely been one
of police action, police in riot gear, tear gas. They go in and they arrest people on sight. They take them
away, and they put them in prison. Doesn’t this sound
familiar?
“This is not the first disturbance we have had.
We had one in 1968, and we saw the same kind of
action. There was a commission in 1968 to look int o
what caused these disturbances. Recommendations
were made. And yet we have not seen any results in
any action from Government in an attempt to rectify
some of the ills in the community.
“I expect that this will go on in this country as
long as we are a colony. And if you know the history of other colonies, this is the normal type of traditional ways that colonies are governed [ INAUDIBLE]. Rea ction from people against the establishment and the colonial, metropolitan masses [INAUDIBLE].”
Madam President, I encourage and I challenge all businesses and companies to (1) make a specific, measurable and public commitment to i mprove representation at all levels of staffing, especially
senior and leadership positions; (2) to audit policy and
culture to ensure that the environment is more equit able and inclusive to diversity of backgrounds and per-spectives; (3) to provide extensive balanced training
to HR and employees at all levels of management; (4)
to extend outreach to be more diverse from representation of col leges and universities; (5) to invest in
management and leadership training, as well as mentorship and career development programmes for black
employees; (6) require all leadership to be active par-ticipants in company diversity, inclusive initiatives; and
finally (7) to introduce a wage- equity plan to ensure
that black women and black men and people of colour are fairly compensated as other counterparts.
As I said earlier, my hope is that the individuals who came out to support Black Lives Matter show
the same support for legislation that will be put forth
by our Government to reverse the impact of systematic injustices, income and income employment, opportunities for wealth, health care and housing. As the Premier said, the people want justice and an end to racism.
Bermuda, change is coming.
Thank you, Madam President.

The President: Thank you, Senator Simmons -Wade.
Would any other Senator care to speak?
Sen. Dwayne Robinson: I would, Madam President.

[Feedback]
The President: Sorry?
Sorry, who is i t who wants to speak?

Sen. Dwayne Robinson: Senator Robinson.
The President: Senator Robinson.
Senator Dwayne Robinson, you have the
floor.

BLACK LIVES MATTER

Sen. Dwayne Robinson: Thank you. I am going to be
very brief in my statements. On this MTA [motion to adjourn], I have had the pleasure of seeing an issue
that has plagued our community be highlighted so
frequently, and that is systemic and institutionalised
racism. It is some thing that has been bandied about in
politics for almost a quarter of a century, and more so
before that time as well. And to me, I do see a lot of
calls from this particular Government to get people
968 10 June 2020 Official Hansard Report

Bermuda Senate behind supporting legislation for change. And as much
as I do hope to see legislation be passed, we have to
also remember that the Progressive Labour Party has
been government for almost a quarter of a century.
We have had a Progressive Labour Party
Government in more recent times that have been in power for t hree years straight. We have seen a lot of
committees formed to plan a plan. But now all of a
sudden, when we have a huge social movement
birthed out of young people who have had enough, we
now suddenly see a look towards passing legislation to tackle this . We have had a lot of lip service leading
up to this point.
So my challenge to this Progressive Labour
Party Government is to move past the lip service and actually deliver on what they have been saying. We
have had three years, and in those three years what
exactly has been accomplished with the major sy stemic issues within our society regarding [a] living
wage, regarding cost of living? In the 20 years before that, what were the moves made? So we have a few speakers who have not
spoken yet. And I do hope that instead of laying on the rhetoric that we all know and understand, that we
have a huge problem in this country. And yes, before
anyone even thinks to comment, I will say yes, I am
saying the same thing to my own colleagues as well, but to reflect o n the time that we had. And I guarantee
they are not lying there. I am making sure that those conversations are had. But we are not in the driver’s
seat right now. So what I would like is for more time to
be spent on what will be done and to lay out positi ons
and to bring up reports on these committees that we
have had working for three years, or two years or a
year that we have not heard from in a while.
I will conclude my statements there, Madam
President.

The President: Thank you, Senator Dwayne Robi nson.
Would any other Senator care to speak?

Sen. Jarion Richardson: Senator Richardson, Madam President.
The President: Senator Jarion Richardson, you have
the floor.

BLACK LIVES MATTER

Sen. Jarion Richardson: Thank you, Madam Pres ident.
We have clearly arrived at a historical m oment. And as Members of the Senate, we have an
opportunity to enter our own thoughts into a sort of
bound history that will be used not only in the immedi-ate short term to make decisions, but also reflect the
societal pict ure in 50 to 100 years from now, and obviously throughout time after that. So I want to be a little cautious here because
history has not been kind to us, us as a group of people, when we try radical change in an undisciplined
manner. I am mindful that many bad things have ari sen when we have tried to advance ourselves and our
societies, whether it would be the rise of national s ocialism, independence movements that led to cat astrophic human consequences, or something like the French Revolution and the Great Terror. We have had
moments of change that have significantly harmed us.
And that does not mean that we do not try
radical change. It does not mean that we do not a dvance by leaps. We have to. I followed Senator WadeSimmons’s comments about the video of the death—
not the death, excuse me —of the homicide, of the
criminal murder of George Floyd. I follow her; I echo
her comments. There is no other position to take in watching that video. And for all of us of colour who
have experienced restriction, all of us who have exp erienced the consequences of institutional racism, this is no joking matter. And it is ironically not really even a
political matter. Anyone who drives through certain areas of North America knows to be very, very cautious, especially as i t relates to interactions with law
enforcement.
So we are dealing with a problem that is t oday, that is now, and that is murdering us. So when
we are faced with a history that shows that missteps produce more suffering and a history that shows that
no steps produce more suffering, then the spectrum of
our decisions must reflect that either end of this equation will end, will result in more suffering.
Where we come out on this feels as much to
me legislative as it is individual. Our individual dec isions, actions, relationships or words will form a kind
of aggregate in our society of where we move on from
this point. We have to be so, so authentic and decent. We have got to be so strong that we push through this
challenging time and that we take all of us wi th us to a
higher state of existence, to a more equal state of existence and equity.
And this is not going to be easy. None of this
is going to be easy. None of these conversations will be easy. And it will be too easy to fight each other.
And so when we proceed down this road, this road of
change, this road of radical change, we have to go in
with our eyes wide open, our hearts soft and our open
minds, willing to listen to each other and to take each
step boldly, not with hate! Because the second we go
down that road, we will wind up being the spectrum,
the most adverse part of our societal history, the most
adverse part of our history as a human race on the
planet.
We cannot go there. We have gone through
too much. Too many people have already died. And so with that being said, I would enter into history this
thought: When we go down this road to legislate, when we go down this road to decide what our next
radical, bold, strong step is, that we take that step


Bermuda Senate hand- in-hand with one another no matter how unco mfortable that will be. Because history will judge us. And
I can only hope and pray that it is favourable.
Thank you, Madam President.

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

Sen. Anthony Richardson: Madam President.

The President: Senator Anthony Richardson, you
have the floor.
Sen. Anthony Richardson: Good afternoon again, or
good morning again, Madam President, and to those
in the listening audience.

The President: Good morning to you.

BLACK LIVES MATTER

Sen. Anthony Richardson: I was actually reluctant to
speak today because I am very honest about this: I
have not fully decided my thoughts on all of these
things. But what I want to do is, rather than remain silent . . .

[Pause]
Sen. Anthony Richardson: Rather than remain s ilent, just give some thoughts.
The first comment is that when I thought
about attending the protest march on Sunday, I wan ted to consider —which might sound kind of strange—
why I would seem to go. I knew that I wanted to ensure that my family attended, which is my young son
and my daughter, and of course my wife, partly to
show support in being physically present. I wanted to
personally feel the energy that I knew would exist.
And I wanted to see the diversity of those who atten ded, because it would set in my mind the tone as to
how we can move forward with boldness.
Then when I did attend, there was the irony, I
will say, that as I walked up to join the march of white persons holding signs t hat say “ Black Lives Matter,” I
say that because it was the first time I had seen that in
Bermuda. And I am not as old as some others, but I
do remember the riots of 1977 and all the discussion
that took place around that time in preparation. And
that was largely, if not exclusively, black people
demonstrating.
And as I walked amongst those up there, o bviously I observed them, trying my best to just really get a feel for where we were. And I came away with a sense that I really believe that it is now the t ime for us,
and I say “us” collectively, to be bold, do the things that have never been done before, and to do so wit hout hesitation because the time is now.
We have heard today from some Senators in
their own sense that they do not wish to move forward boldly, but rather to be hesitant and to falter in any
steps that may be taken forward. A general summary
in my mind is that we sometimes refer to Bermuda as
being successful, and that is really in the context of
finances. But at the core of it, it makes no sense. If
you can think that Bermuda may have, for example, an average per capita income of $80,000 or $90,000, I would say, when there are so many who would earn
$20,000. Or if the reality is that Bermuda’s economic
success has resulted in many non- black s or most
non-blacks owning the majority of Bermuda’s finances, that makes no sense.
Another irony is that at this point in time when
Bermuda needs finances most, the banks themselves
have not responded in a way that they should in terms
of a significant and sustained reduction in interest
rates, because the rates of interest are a fundamental
cost factor for all that we do in Bermuda. But on the flip side, the Government needs to go to those same
banks to borrow money in order to help sustain many
of us w ho need government assistance.
And so I must admit that in my own mind, to
some degree I am confused as to what I should do.
What should Anthony’s role be in the midst of all of this? I do know that all changes start with self. And I
have made personal determinations. And then from
me, it extends to my family, my son and my daughter
and even my wife. And ensuring that, number one, they understand, that they are aware, that they are
mindful of all of these things and that they have their
own independent thoughts in terms of the impact from
their personal lives, but also the lives of their friends.
And so that, for me, is my starting point . And
then beyond that, of course, is to branch out into the
community and do what I can as a Bermudian, as a male, as a Christian and as a person who I believe
has a fundamental belief in all humanity.
I certainly recognise that each of us comes
from a differ ent perspective, and I have learned over
the years to really understand that people will respond
from their own experiences. And we have to allow room for that, but still move forward. And so I want to
close actually by saying that this is my first salvo, if
you will, in terms of Black Lives Matter . And my belief
[is] that there are definitely some green shoots that have already arisen.
If Members ––everybody remembers that
[when] Sunday came about, it was pouring like around certainly the East. And [at] 11:00, it was really, really
raining hard, and there was a question in terms of, Well, what’s going to happen? Will they postpone?
Will they rearrange? What will happen? And then as
the day wore on, the rain suddenly stopped or subsi ded. And it was attended.
970 10 June 2020 Official Hansard Report

Bermuda Senate But, Madam President, there were two signif icant things that occurred on that day that will always
remain with me. And one was in the person of a person whom I will refer to as “Mr. T.” There was a family
that I would describe as being in crisis on Sunda y.
They had a significant financial need. I knew one of
them. I did not know, and I do not know Mr. T. personally. And as we struggled through the day into the
evening, then the family expressed their dire need.
Mr. T. contacted me to say that he was aware of the
situation, and he would do what was necessary to alleviate the stress. And that required the contribution of
several thousand dollars. Again. I do not know, did not
know who he was. He contacted me via WhatsApp.
And I wrote back to say, Wow ! This is absolutely
amazing, because I had no idea who he was, but that
he had reached out to assist. So, for the end of the
story, he did make the contribution and the family was
able to be assisted.
Later on, I was given a general sense of who
he was. And the reason why I am saying for me there
is hope, there is a sense of humanity in all of this is
because the family that was in need was actually a
black family. And Mr. T. was a white person, a white
man. And I say this in terms of our absolute humanity.
That in the midst of all that we do and all that we are
going through, there are these green shoots of hope
[among] us as a people.
Now clearly, going forward, there are going to
be some rough times. And I expect that —or I want to
encourage those who participated in such huge numbers on Sunday to remember that now there is going
to come a time when the rubber meets the road, as they say. Because the Government —and I do not
mean just the PLP, but the Government being the
OBA and the PLP together are going to have to make
some significant changes in terms of how our econ omy is structured so that we can move ahead and not
have our own experiences of continued racism and
discrimination in Bermuda.
And let me say quickly, Madam President, to
all of us that if circu mstances have allowed for you or
your family, for example, to have a house, that is a major and sustained advantage that cannot be taken
away. But not mistaking, the Premier spoke about the
fact that he knows in his own lifetime about there are places his father, for example, could build but could
not go in to attend. And I know from my own exper iences there are places whereby you may want to buy
and you are told no. Why? Because you are black.
Those are in recent times, Madam President.
But the other thing that happened on Sunday
that gives me reason for hope is that at the end of, or
towards the end of the march on Sunday, the organi sers spoke of the fact that they were going to boycott a
Front Street business. And at the time that I heard it, I was like, I did not understand the whole context of
that. I understood the fundamental principle in terms of prices and what have you. But I did not understand how that tied in together. But what really resonated
with me was the next day, I think it was the next da y, I
was shown an article that they had written to say that,
I guess based upon feedback, they would propose not
to boycott, but to uplift and to sustain that to encour-age us to support black businesses.
Now, why was that of any importance to me?
It was b ecause it demonstrates, in my words, humility,
that we can make decisions to go in a certain direction. But based upon feedback, we can stop and give
pause and make a decision to change and not to stay the cause just because. And so I want to commend
the organisers of the march. Clearly, it was a tremendous success of which we have never seen before
and may never see again.
But more so, they were able to listen, to take
feedback, and whatever they went through, whatever
process they went back to, is to say , Yes. We will give
pause and do something different that will have equal measure of success.
And I will finish, Madam President, on this
comment, which may, which possibly should have
been the first comment: As I jokingly said to Madam
[Attorney General] , who is the Leader of the Senate,
You can fire me later. Or cause me to be fired later if
you choose. But the narrative, Madam President, around the PLP being in power for a recent 20 years
and therefore having to have done all of these kinds of
things in terms of change, is absolute foolishness —
absolute foolishness. Bermuda has been in existence
and subject to tremendous social distress, discrimination, all kinds of negatives for 400 years! And any contention that the PLP could have changed all those
things in the past 20 years is, again, Madam Pres ident, absolute foolishness —absolute foolishness.
And I trust that as we go forward, there will be
no such narrative in terms of the PLP being respons ible for where we are now and should have changed all of these things in 20 years.

An Hon. Senator: Point of clarification, Madam Pres ident.
Sen. Anthony Richardson: Everybody knows full
well that —
An Hon. Senator: Madam President, point of clarific ation, please.
The President: Senator Richardson, do you accept a
point of clarification?
Sen. Anthony Richardson: No, no, no, no, no, I do
not.
The President: Carry on. Carry on speaking.

Foolishness. Foolishness.



Bermuda Senate Sen. Anthony Richardson: I will repeat, yes, I will
repeat, foolishness. To try to advance such a narrative
makes absolutely no sense. And every time that
someone says that, I will speak out against that b ecause it absolutely makes no sense. And what I look
forward to instead is that there be some genuine,
genuine support for the changes that are going to be
made, that have to be made, in order for Bermuda to
truly advance such that everybody is able to partic ipate in Bermuda’s success. Thank you, Madam President.

[Desk thumping]

The President: Thank you, Senator Anthony Ric hardson.
Would any other Senator care to speak?
There are no other Senators caring to speak.
With that, Senate stands adjourned until next
week, June the 17th.
Thank you, Senators.

Some Hon. Senators: Thank you, Madam President.

[*At 12:09 pm, the Senate stood adjourned until
10:00 am, Wednesday, 17 June 2020.]


[*The Senate resumed on 24 J une 2020. ]
972 10 June 2020 Official Hansard Report

Bermuda Senate


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