The SpeakerThe SpeakerRight now we have 25 Members on. So we do have sufficient for a quorum. And we are just doing the last bit of checks , and then we will Zoom for the prayer. And then we will move on to the normal Orders of the Day. And I am …
Right now we have 25 Members on. So we do have sufficient for a quorum. And we are just doing the last bit of checks , and then we will Zoom for the prayer. And then we will move on to the normal Orders of the Day. And I am assuming that everyone has gotten the Orders of the Day? Correct?
An Hon. Member An Hon. MemberI have received them, Mr. Speaker. [Inaudible interjections and crosstalk ]
The SpeakerThe SpeakerThank you. I am leaving the lines open right now while we are having this check . I will close up the microphones. I will mute the microphones. But right now all micr ophones are unmuted just for this portion. [Inaudible crosstalk]
The SpeakerThe SpeakerIs everybody reasonably comfortable? Some Hon . Members: Yes.
The SpeakerThe SpeakerI am about to mute everybody’s microphone, and then we will get started . . . [Inaudible crosstalk]
The SpeakerThe SpeakerAny questions? Let me just remind everybody, too, about the . . . When you unmute, make sure your background noise is down, down.
An Hon. Member An Hon. MemberWe cannot hear you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Let me start over. Before we actually get started, let me just r emind us of a few things —that we want to practice proper [etiquette] for background noise being dimi nished as much as possible so we do not drown others out. Finally, make sure your micro phones …
Okay. Let me start over. Before we actually get started, let me just r emind us of a few things —that we want to practice proper [etiquette] for background noise being dimi nished as much as possible so we do not drown others out. Finally, make sure your micro phones are off at all times unless you are the person speaking. And, if possible, I recommend that you use a headphone or earphones if you are in an area where you cannot control the noise. And that would be easier on everybody else who is trying to listen in to what is going on. Okay? And it is no w . . . I am picking up from som ebody in here. Yes. I am probably getting feedback from you.
The SpeakerThe SpeakerI am about to open Mrs. Wolffe’s microphone so that she can go ahead and do the prayer. And we will begin with the prayer.
Mrs. Wolffe.
The ClerkCan you hear me?
The SpeakerThe SpeakerYes. We hear you, Mrs. Wolffe. PRAYERS [Prayers read by Mrs. Shernette Wolffe, Clerk ]
The SpeakerThe SpeakerThank you, Mrs. Wolffe. Good morning, Members. Mrs. Wolffe, you can do the announcements and I will just come in behind you. CONFIRMATION OF MINUTES [Minutes of 11 , 13, 16 March; 6 and 17 April 2020 ]
The SpeakerThe SpeakerMembers , the Minutes from the 11th of March, the 13th of March and the 16th of March have been circulated. Can we get confirmation as to whether they are correct as printed? Any omissions, any objections?
An Hon. Member An Hon. MemberCorrection.
The SpeakerThe SpeakerOnly your microphone is unmuted if anyone has any comment. No comments? 3910 8 May 2020 Official Hansard Report B ermuda House of Assembly Then those Minutes will be confirmed as printed.
An Hon. Member An Hon. MemberWalter Lister is going to give you a call, and I am going to send you a WhatsApp with the—
The SpeakerThe SpeakerYour microphone is on. [ Inaudible interjection]
The SpeakerThe SpeakerOkay. No comments. So the Minutes from the 11th, 13th and 16th have been confirmed. [ Minutes of 11, 13 and 16 March 2020 confirmed]
The SpeakerThe SpeakerThe Minutes from April 6th and 17th have been deferred. MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are no messages from the Governor . ANNOUN CEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerThe Speaker has just a couple of announcements. VIRTUAL MEETINGS—S TANDING ORDERS, SUSPENSION OF
The SpeakerThe SpeakerAnd the announcements are first to ask the House to confirm the suspension of the Standi ng Orders to allow us to have this virtual meeting once again. VIRTUAL MEETINGS—S TANDING ORDERS, AMENDMENT OF
The SpeakerThe SpeakerAnd I will also comment that between now and the next time we sit, the Standing Orders Committee will meet and ratify our being able to meet virtually. So we will not continue to have to suspend the orders on these occasions. VIRTUAL MEETINGS—H OUSE COMMITTEES
The SpeakerThe SpeakerThe next announcements is that I su ggest that all chairmen of the House c ommittees work with Mr. Lamb and Mr. Somner and make sure you can have meetings on the virtual space and use the web apps if you decide to go virtual for your meetings. VIRTUAL MEETINGS—V …
The SpeakerThe SpeakerThe last bit of housekeeping is that the invite for this and all Parliament meetings are consid-ered as if we were sitting in the Chambers —meaning the only persons who are allowed in these Chambers are Members of Parliament. So the invite should not be shared with anyone. If it …
The last bit of housekeeping is that the invite for this and all Parliament meetings are consid-ered as if we were sitting in the Chambers —meaning the only persons who are allowed in these Chambers are Members of Parliament. So the invite should not be shared with anyone. If it is going to be shared, it comes from the Speaker and it is the Speaker’s approval to share, first. But do not take it upon yourself to share this in-vite with anyone, b ecause if we were sitting in the Chamber they would not be allowed into the House without the Speaker’s permission. Thank you. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerMembers, there are some 25 comm unications which will be put before the House this morning. And those are all in reference to the regul ations surrounding the emergency measures powers. And I will turn the microphone over to the respective Minister. I think the first few are in the …
Members, there are some 25 comm unications which will be put before the House this morning. And those are all in reference to the regul ations surrounding the emergency measures powers. And I will turn the microphone over to the respective Minister. I think the first few are in the name of the Premier. Premier, if you could unmute and do yours. Hon. E. David Burt: Good morning, Mr. Speaker.
Good morning, Premier. EMERGENCY POWERS (COVID -19 SHELTER IN PLACE) REGULATIONS 2020 EMERGENCY POWERS (COVID -19 SHELTER IN PLACE) AMENDMENT REGULATIONS 2020 EMERGENCY POWERS (COVID -19 SHELTER IN PLACE) AMENDMENT (NO. 2) REGULATIONS 2020 EMERGENCY POWERS (COVID -19 SHELTER IN PLACE) AMENDMENT (NO. 3) REGULATIONS 2020 EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020 Hon. E. David Burt: Mr. Speaker, I have the honour to attach and submit for the information of the Hon-ourable House of Assembly the following R egulations: •Emergency Powers (COVID -19 Shelter i n Place) Regulations 2020; •Emergency Powers (COVID -19 Shelter i n Place) Amendment Regulations 2020; •Emergency Powers (COVID -19 Shelter i n Place) Amendment (No. 2) Regulations 2020;
Bermuda House of Assembly • Emergency Powers (COVID -19 Shelter in Place) Amendment (No. 3) Regulations 2020; and • Emergency Powers (COVID -19 Continuing Precautions) Regulations 2020.
The SpeakerThe SpeakerThat is all of yours, Premier . Thank you. I think the next Regulations are in the name of the Minister of Finance. Mr. Dickinson, you can unmute yourself. Hon. Curtis L. Dickinson: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. NATIONAL PENSION SCHEME (REFUND) (TEMPORARY) REGULATIONS 2020 NATIONAL PENSION SCHEME (LUMP SUM REFUND) (RETIREE) REGULATIONS 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the National Pension Scheme (Refund) (Temporary) Regulations 2020, proposed …
Good morning.
NATIONAL PENSION SCHEME (REFUND) (TEMPORARY) REGULATIONS 2020
NATIONAL PENSION SCHEME (LUMP SUM REFUND) (RETIREE) REGULATIONS 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the National Pension Scheme (Refund) (Temporary) Regulations 2020, proposed to be made by myself, the Minister of F inance, in exercise of the powers conferred by section 24(9)( [b]) of the National Pension Scheme (Occupational Pensions) Act 1998. Mr. Speaker, I have the honour to attach and submit for the consideration of the Honourable House of Assembly the National Pens ion Scheme (Lump Sum Refund) (Retiree) Regulations 2020, proposed to be made by the Minister of Finance in exercise of the powers conferred by section 24(9)(b) of the National Pension Scheme (Occupational Pensions) Act of 1998.
PUBLIC TREASURY (ADMINISTRA TION AND PAYMENTS) (TEMPORARY UNEMPLOYMENT BENEFIT) REGULATIONS 2020
PUBLIC TREASURY (ADMINISTRATION AND PAYMENTS) (TEMPORARY UNEMPLOYMENT BENEFIT) AMENDMENT REGULATIONS 2020
CUSTOMS DUTY (BERMUDA PAPER COMPANY LTD.) REMISSION ORDER 2020
CUSTOMS TARIFF (HEAD OF DEPARTMENT) (CUSTOMS) CERTIFICATE 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the following Regul ations: • Public Treasury (Administration and Pa yments) (Temporary Unemployment Benefit) Regulations 2020; • Public Treasury (Administration and Pa yments) (Temporary Unemployment Benefi t) Amendment Regulations 2020; • Customs Duty (Bermuda Paper Company Ltd.) Remission Order 2020; • Customs Tariff (Head of Department) (Customs) Certificate 2020; • Customs Tariff (Approved Businesses) Amendment Notice 2020; and • Customs Tariff (Approved Busines ses) Amendment (No. 2) Notice 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerI believe that is all of them, yes? Thank you, Minister Dickinson. The next are in the name of the Minister of Health. Minister Wilson, if you can unmute yourself. Hon. Kim N. Wilson: Thank you. Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. PUBLIC HEALTH (COVID- 19) REGULATIONS 2020 PUBLIC HEALTH (COVID- 19) AMENDMENT REGULATIONS 2020 PUBLIC HEALTH (COVID- 19) AMENDMENT (NO. 2) REGULATIONS 2020 OCCUPATIONAL SAFETY AND HEALTH (COVID -19) TEMPORARY REGULATIONS 2020 RESIDENTIAL CARE HOMES AND NURSING HOMES AMENDMENT REGULATIONS 2020 PUBLIC HEALTH (COMMUNICABLE DISEASE) ORDER 2020 QUARANTINE (COMMUNICABLE …
Good morning.
PUBLIC HEALTH (COVID- 19) REGULATIONS 2020
PUBLIC HEALTH (COVID- 19) AMENDMENT REGULATIONS 2020
PUBLIC HEALTH (COVID- 19) AMENDMENT (NO. 2) REGULATIONS 2020
OCCUPATIONAL SAFETY AND HEALTH (COVID -19) TEMPORARY REGULATIONS 2020
RESIDENTIAL CARE HOMES AND NURSING HOMES AMENDMENT REGULATIONS 2020
PUBLIC HEALTH (COMMUNICABLE DISEASE) ORDER 2020
QUARANTINE (COMMUNICABLE DISEASE) ORDER 2020
QUARANTINE (TRAVEL BAN) ORDER 2020
QUARANTINE ( TRAVEL BAN) (NO. 2) ORDER 2020
3912 8 May 2020 Official Hansard Report
Bermuda House of Assembly QUARANTINE (TRAVEL BAN) (NO. 2) AMENDMENT ORDER 2020
QUARANTINE (COVID -19) ORDER 2020
QUARANTINE (INCOMING TRAVELLER) ORDER 2020
QUARANTINE (EXTENSION OF QUARANTINE) ORDER 2020
NURSING AND MIDWIFERY AMENDMENT RULES 2020
Hon. Kim N. Wilson: Mr. Speaker, I have the follo wing motions for the presentation to the House of A ssembly, namely, • Public Health (COVID -19) Regulations 2020; • Public Health (COVID -19) Amendment Reg ulations 2020; • Public Health (COVID -19) Amendment (No. 2) Regulations 2020; • Occupational Safety and Health (COVID -19) Temporary Regulations 2020; • Residential Care Homes and Nursing Homes Amendment Regulations 2020; • Public Health (Communicable Disease) Order 2020; • Quarantine (Communicable Disease) Order 2020; • Quarantine (Travel Ban) Order 2020; • Quarantine (Travel Ban) (No. 2) Order 2020; • Quarantine (Travel Ban) (No. 2) Amendment Order 2020; • Quarantine (COVID -19) Order 2020; • Quarantine (Incoming Traveller) Order 2020; • Quarantine (Extension of Quarantine) Order 2020; and • Nursing and Midwifery Amendment Rules 2020.
The SpeakerThe SpeakerThank you, Minister Wilson. That is the introduction of all of the papers and communications. We now move on. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR M INISTERS
The SpeakerThe SpeakerWe have seven Statements this mor ning, I believe. The first Statement is in the name of the Premier. Premier, would you like to do your Statement? EMERGENCY POWERS (COVID -19 CONTINUI NG PRECAUTIONS) REGULATIONS 2020 Hon. E. David B urt: Thank you very much, Mr. Speaker. Mr. Speaker, before …
We have seven Statements this mor ning, I believe. The first Statement is in the name of the Premier. Premier, would you like to do your Statement? EMERGENCY POWERS (COVID -19 CONTINUI NG PRECAUTIONS) REGULATIONS 2020
Hon. E. David B urt: Thank you very much, Mr. Speaker. Mr. Speaker, before I turn to the substance of this Statement, let me pause and invite Honourable Members to join me in thanking an often- overlooked arm of the p ublic service, the Attorney General’s Chambers and, in particular , the Drafting Section. We have depended on them throughout this pandemic response to provide the legal framework for the rapi dly evolving policies required in such unprecedented times. They have worked late into many nights turning around legisl ation and statutory instruments to ensure that we can keep our I sland safe. Mr. Speaker, as the Order Paper indicates, this Honourable House will be invited to consider the Emergency Powers (C OVID -19 Continuing Precautions) Regulations 2020 . These Regulations came into force on the morning of the 2nd of May following the shelter in place similarly imposed by r egulations made by the Governor under the Emergency Powers Act 1963. Mr. Speaker, without reflecting on a previous debate, it is a matter of record that Honourable Members of the O pposition insisted on having r egulations properly made by the Governor on the advice of the Cabinet tabled in this House. As I indicated on that occasion and on the basis of advice that I received, the regulations are not subject to parliamentary scrut iny. Mr. Speaker, I am not of counsel , as they say , and so I will attempt to provide the layman’s version of the legal research and the applicable views which were the basis of the advice received and shared with Honourable Members. Mr. Speaker, it is correct that under section 6 of the Emergency Powers Act 1963 there is a r equirement for copies of regulations made under thi s Act to be laid before both Houses of the Legislature as soon as practicable after they are made. The section then suggests that after some debate and by a message from both Houses, a request can be made of the Governor to annul portions of the regulations. Howe ver, Mr. Speaker, the later Statutory Instruments Act of 1977 lists the Emergency Powers Act 1963 as one of those to which it does not apply —in other words, not subject to parliamentary scrutiny whether by the affirmative or negative resolution proc edure. The later Act can be taken to have superseded the earlier one, and that section, section 6, was impliedly repealed by the later Act of 1977. I would further note, Mr. Speaker, that unlike other items for which parliamentary scrutiny is inten ded, there is no requirement to publish as legislation or otherwise gazette regulations made under emergency powers. Honourable Members will be aware that ev eBermuda House of Assembly ry Order and every set of Regulations made as part of this pandemic response has been published and g azetted for the information of the public in spite of there being no legal requirement to do so. Mr. Speaker, I understand that you were asked to “formally direct the Government” to introduce all statutory instruments. Mr. Speaker, for the record, there is n o need for any such direction, as I am pleased to have introduced for the consideration of this Honourable House all such matters in this first regular sitting since we adjourned in March. Mini sters of the Government tabled 25 statutory instruments for information and consideration today. Mr. Speaker, constructive parliamentary scr utiny is welcomed. Accordingly, I can further advise Honourable Members that Chambers has been i nstructed to produce a Bill to amend the Emergency Powers Act 1963 and the Statut ory Instruments Act 1977 to make the former Act subject to the latter and require publication of r egulations made thereunder in the Gazette . Section 6 of the Emergency Powers Act will be further amended to apply the negative resol ution procedure. This will ensure that in the future there is absolute clarity on the matter of the parliamentary scrutiny required for any regulations issued under a state of emergency. Mr. Speaker, it is generally accepted that no country has the perfect solution required to meet the challenges presented by the sheer scope and impact of this pandemic. This Government has gone to great lengths to be bipartisan and transparent while di scussing its decision- making with supporting public health advice. This will continue, as our fir m view is that an informed people, both inside and outside of this Honourable House, is the best chance we have of emerging stronger after this crisis comes to an end. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Mr. Premier. The next Statement this morning is in the name of the Deputy Premier. Deputy Premier. Hon. Walter H. Roban: Yes, Mr. Speaker.
The SpeakerThe SpeakerWould you like to present your Stat ement? Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerThank you. Go right ahead. You have got the microphone . 6 MEGAWATT SOLAR FARM PROGRESS Hon. Walter H. Roban: Mr. Speaker, I am pleased to report to this Honourable House on the progress of the 6-megawatt solar farm at the L . F. Wade International Airport. Just last week, …
Thank you. Go right ahead. You have got the microphone .
6 MEGAWATT SOLAR FARM PROGRESS Hon. Walter H. Roban: Mr. Speaker, I am pleased to report to this Honourable House on the progress of the 6-megawatt solar farm at the L . F. Wade International Airport. Just last week, the Regulatory Authority awarded an operating licence to the developers of the project, Saturn Solar Bermuda 1, the Bermudian subsidiary of Saturn Power Incorporated. This is a signif icant mi lestone for the project. Mr. Speaker , Honourable Members may recall that work on the site began in August of 2018 with the commencement of the clearing of the site. The work in preparation for the actual development of the project began in 2016 with Castalia advisors providing the consultation required for the project’s procurement. Mr. Speaker , you can be assured that every part of the solar farm was competitively procured, for maximum transparency. We are pleased that this pr oject has been regarded as a regional example of excellent practice in the tender process, which commenced with the prequalification of prospective bi dders to ensure that all who bid for the project had adequate financial capacity and appropriate experience to successfully complete the work if they were successful in the final stage. Mr. Speaker , the project team, led by the D epartment of Energy in collaboration with the Ministry of Public Works, ensured that the project was de-risked as much as possible before and during the tender process so that the critical bid factor, once all the ot her compliances were met, was completely based on the price. A crucial issue for this project team was to establish how much the rent would be for the land, referred to as the “Finger ,” which Gover nment is leasing at a fair market value. Another element of reducing project risk was to ensure that the project, which is located on the airport land, could be built and then operated in a manner compatible with airport oper ations. The site conditions wer e assessed by the engineering firm of Onsite Engineering to ensure that the ground was uncontaminated and had sufficient bearing capacity for the development. When the bids were submitted, Saturn’s bid was the lowest compliant bid, at 10.3 cents per kilowatt- hour. Mr. Speaker , Honourable Members will recall that, because this project spanned two administr ations, it was carefully scrutini sed by this Ministry and the Ministry of Finance to ensure that there was value for money and it best addressed Bermuda’ s needs. After that process, work to clear the site began. As Honourable Members may be aware, the Finger had previously been used over the years for many purposes , such as a training site for active burn exercises by the Bermuda Fire and Rescue Service , an amm unition store for the Bermuda Police Service and a disposal area for debris ranging from asphalt screenings to disused fuel tanks. All of the aforementioned had to be cleared before work could begin, and the overgrown vegetation removed from the remai ning perim eter. Once the site was cleaned and cleared, access still had to be reserved for other functions that could not be relocated, such as the United Nations’ Nuclear Monitoring Site, which is used to provide information on global atmospheric health. It is important to also 3914 8 May 2020 Official Hansard Report
Bermuda House of Assembly note that the end of the peninsula will still be used for the disposal of explosives from time to time, but the developers are satisfied that these functions would not negatively impact the operation or safety of the solar panels. Mr. Speaker , construction began to install the solar panels on May 24th, 2019. Over 24,000 individ ual panels were installed, occupying close to 19 acres of the site. These panels are polycrystalline type, with an additional layer of coating designed to sh ed water, which results in a self-cleaning effect when it rains. The panels were installed on a mounting system to raise them up off the surface of the tarmac , which is intended to protect the panels from storm surge. The transmission cable on land is about 1 kilomet re long, and the submarine cable is nearly 2 kilometr es long and connects the solar farm to the grid at the Civil Aviation Substation on Kindley Field Road. Mr. Speaker , I am pleased to report that, while the project was developed by Saturn, a Canadian company, the project was made possible by our local companies consisting of more than 50 per cent Bermudian workers. Bermudian companies working on the site included Noesis Consulting, Ltd., Crisson E ngineering, Island Construction Services, Butterfield Excavation, Onsite Engineering, Security Associates, Fast Forward Freight, Bermuda Forwarders and D&J Construction. We are proud to reach this milestone, and we look forward to the project’s official commencement of operations . But there is still some work to be done. Moving ahead, the project will be operated by Saturn with the support of a Bermudian operations and maintenance contractor. While this will not involve a great deal of manpower, the commitment is to ensure that Bermudians will continue to be included. Finally, Mr. Speaker , to be clear , the project will deliver power to the grid, not to the a irport, and will not be customer -specific. What this means is that all ratepayers will benefit from this power. We cannot know at this stage precis ely how many kilowatt hours will be produced, as it will be dependent on sun hours through the coming years. However , it is estimated that it will power the equivalent of about 1 1,000 homes per annum, stabili sing some of our volatile fuel costs, and ultimately save about 150,000 tons of CO 2. The solar farm will lower our Island ’s energy cost and also improve our environment. Most notably, Mr. Speaker , we are proud to have this project, the first of its kind in Bermuda, as an example of best practice for procurement and exec ution. This is the first step in introducing commercial developments to reach the goal of the Integrated R esource Plan (IRP) produced by the Regulatory Authority to eventually replace fossil fuels with renewable energy. Thank you, Mr. Sp eaker .
The SpeakerThe SpeakerThank you, Minister, Deputy Premier. The next Minister who has a Statement this morning is the Minister of Finance. Minister, would you like to put your Stat ement? Hon. Curtis L. Dickinson: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerContinue on. COVID -19—FISCAL AND ECONOMIC PLAN UPDATE Hon. Curtis L. Dickinson: Mr. Speaker, before deli vering update remarks on the Government’s COVI D-19 fiscal plan , I would like to offer condolences to the families of those who have lost loved ones in this pandemic. I would also like …
Continue on.
COVID -19—FISCAL AND ECONOMIC PLAN UPDATE
Hon. Curtis L. Dickinson: Mr. Speaker, before deli vering update remarks on the Government’s COVI D-19 fiscal plan , I would like to offer condolences to the families of those who have lost loved ones in this pandemic. I would also like to thank all of our frontline workers who are out there daily , working hard battling this pandemic , providing vital s ervices , protecting our health and well -being, and keeping our Island functioning. We are grateful for your dedication and commitment , and especially your bravery. Mr. Speaker, I rise this morning to provide this Honourable House with an update on the Mi nistry of Finance COVID -19 Fiscal Plan , which was formulated to address the systemic effects that the COVID -19 pandemic is having on the economy of Bermuda and, by extension , Government’s finances. Honourable Members will recall that on March 16th, 2020, I advised this Honourable House on the actions being taken as part of the Ministry of Finance COVID -19 Fiscal Plan. These actions were as follows: • to obtain emergency financing to supplement reduced revenues and additional COVID -19 related expenditures ; • to provide additional funding to assist Berm uda’s unemployed as a result of the economic impact of COVID -19; and • to curtail lower -priority expenditures to ensure that spending needed for COVID -19 matters can be maintained. Mr. Speaker, I also noted that no spending reductions would be made that would jeopardi se the health, safety and security of the people of Bermuda. Bermuda’s unemployed would be assisted, and fiscal prudence would be strictly maintained. To support these initiatives, the debt ceiling was r aised by $150 million to $2.9 billion during the final sitting of the House of Assembly . And at this time net debt stands at $2.68 billion, leaving the Government with approx imately $220 million of borrowing capacity. Additiona lly, the Ministry has execute d a $20 million credit facil ity with a local financial institution and is in the process of finali sing another $150 million facility with that and another local financial institution. This borrowing c apacity, together with current cash reserves and ongoing tax receipts , will assist the Government in taking the appropriate actions to mitigate the impact of COVID -19 in the short term.
Bermuda House of Assembly Mr. Speaker, to assist people out of work due to the economic impact of COVID -19, the Government has quickly introduced an unemployment benefit. The Ministry of Finance has worked closely with the D epartment of Workforce Development and our local banks to ensure that , as soon as possible, money was made available for unemployment benefits. We recognised that time was of the ess ence. We have r esponded quickly to this crisis and have used the tools and resources at our disposal in a meaningful way to provide much- needed financial assistance to our pe ople during this unprecedented time. As of last Friday, the Government has process ed payments total ling approximately $15.6 million. Mr. Speaker, in the recently concluded 2019/20 fiscal year, the Ministry of Finance provided increased emergency funding of $2.8 million to the Ministry of Health to fund, among other things, personal pr otective equipment, testing kits and testing equipment. Additional funding has also been provided to the Ministry of National Security in the amount of $450,000 to fund the costs associated with the embodiment of the regiment , and to provide quarantine facilities. A further $171,000 has been provided to the Ministry of Public Works, the Ministry of Legal Affairs and the Department of Information and Digital Tec hnology for other COVID -19 related matters. Mr. Speaker, to assist businesses that have had a pr essing need for financial relief, on April the 3rd, the Government announced that several temporary emergency measures were instituted, which i ncluded extending deadlines for tax filings and deferring or possibly waiving of fees, taxes and penalties. In many parts of the world, including Bermuda, the COVID -19 pandemic has negatively impacted companies of all kinds; small and medium -sized enterprises, or SMEs, have not been spared. Many SME business models depend on face- to-face contact and a physical locati on in order to drive their business models. With the actions required to address the current crisis, i ncluding the recently concluded Shelter in Place Order, these businesses have suffered significantly, which has in some cases resulted in job losses. Mr. Speaker, SMEs are an essential part of the Bermuda economy. SMEs, through the operation of their businesses, help stimulate economic growth by providing employment opportunities. The Bermuda Economic Development Corporation [BEDC] has already taken actions, including grants and loan guarantees, to support these businesses through COVID -19 and beyond. The Government will provide support in the amount of $12 million to enable the BEDC to pr ovide resources to expand the programmes now being run to assist small and medium -sized enterprises. Mr. Speaker, coronavirus has put the world economy at risk. The pandemic has unleashed both a global health emergency and an unprecedented ec onomic crisis of historic magnitude. The economic i mpact of the pandemic public health measures required to suppress COVID -19 is causing severe economic shocks in all directly affected economies, including Bermuda. Mounting economic indicators and opinions suggest that the economic hit will be considerably worse than the 2008/09 global financial crisis. Mr. Speaker, Honourable Members are a dvised that at a press conference on April the 18 th, I advised the following: • Considering the impact that COVID -19 could have on all sectors in the Bermuda economy and the projected level of unemplo yment, the Ministry of Finance, working with the Caribb ean Regional Technical Assistance Centre (CARTAC), has revised our growth forecast from 1 [per cent] to 2 per cent to - 7.5 per cent to -12.5 per cent. (It is important to note that this was a preliminary projection based on reasonable assumptions and was primarily dependent on how long the intensive, but very necessary, suppression measures remained in force.)
• The IMF [International Monetary Fund], in their World Economic Outlook on April the 14 th, have predicted the global economy will contract by 3 per cent in 2020, and 5.9 per cent in the United States. More recently, IMF Managing Director Kristialina Georgieva has offered an updated assessment stating in an interview with the BBC that “3 per cent may be a more optimistic picture than reality pr oduces.” Notably, for the first time in the IMF’s history, the organisation now has a team of epidemiologists helping them in the development of macroeconomic projections.
• The economic impact of COVID -19 will al so have severe knock -on effects on the 2020/21 budget. The combination of lower fiscal rev enues and higher public spending is expected to cause the projected budget deficit of $19.8 million to increase.
Mr. Speaker, based on submissions by Mini stries and Ministry of Finance projections, unbudgeted COVID -19 expenditures for this fiscal year are est imated to be in the range of $70– $80 million and co nsist of the following: • $20 million estimated for the Ministries of Health, National Security, Legal Affairs, Public Works and the Cabinet Office Departments; • $44 million estimated for expenditures on unemployment benefits; • $12 million grant to the Bermuda Economic Development Corporation; and • $10 million estimate for possible call on airport minimum revenue guarantees . Mr. Speaker, COVID -19 will also cause a m ajor decline in government revenues. This is caused both directly by the economic slowdown and indirectly by tax policy and administration measures taken in 3916 8 May 2020 Official Hansard Report
Bermuda House of Assembly response. The Ministry estimates that revenue yie lds for 2020/21 could contract in the range of $175 –$200 million. After factoring in the impact of COVID -19, the revised deficit for 2020/21 is estimated to be in the range of $275 –$315 million. This [level of] deficit is not only unsustainable, but econom ically and fiscally i mprudent. When considering the high current level of public debt, the Ministry of Finance regards this level of deficit as a serious challenge. Total net government debt outstanding could rise to approximately $3 billion, which is $100 million above the current statutory debt ceiling of $2.9 billion. Mr. Speaker, I am all too conscious of the si gnificance of our debt rating and the impact of a potential rating downgrade. Therefore, we must be judicious in the use of additional debt and keep an ongoing active dialogue with the rating agencies. Accordingly, the Ministry’s target is to keep the deficit for 2020/21 below $175 million. The previously mentioned COVID -19 budget figures assume that Government takes no action with regard to reducing allocations approved in the 2020/21 budget. However, Mr. Speaker, the Ministry of F inance COVID -19 Fiscal Plan calls for a reexamination and reduction of lower -priority budget expenditures to ensure that spending needed for COVID -19 matters are mai ntained and the deficit is contained within a level to maintain credibility with the rating agencies and investors. Accordingly, savings are being identified in the following areas: • Delay for an additional six months the start of any capital projects which have not commenced; • Continue the freeze on the funding of vacant posts that are not required to address COVID - 19 or to protect Bermuda’s national interests; • Continue the ban on nonessential government travel; and • Reduce all discretionary spending including grants, consultancy, training, materials and supplies, clothing and uniforms , et cetera. To reduce the deficit further, other temporary payroll or government employee overhead savings will have to be considered. Mr. Speaker, on Monday , May the 5 th, Government held discussions with our union partners at which time the Ministry of Finance made a present ation on the economic and fiscal situation facing our country. These talks were fruitful, and I am convinced that all parties understand the need to collaborate to develop solutions to the fiscal challenges that we are dealing with. Mr. Speaker, through the aforementioned initiatives, the Government has already identified an es-timated $50 –$60 million in potential savings, and we are looking forward to work ing with our union partners to identify even more. Mr. Speaker, COVID -19’s impact has made the 2020/21 budget presented and approved in this Honourable House no longer valid. Honourable Members are aware that, in accordance with section 96 of the Constit ution, the Minister of Finance is required to prepare and submit to the House of Assembly, as soon as practicable before the beginning of each fi scal year, estimates of revenues and expenditure for the upcoming year. The estimates of expenditure are debated and approved in the House of Assembly. And after the estimates are approved, an appropriations law is introduced in the House, which provides for the initial authority to pay from the Con-solidated Fund. The Minister of Finance has the authority to desig nate funds in excess of the amounts appropriated or for a purpose for which no amount has been appropriated, and subsequently prepare a supplementary estimate showing the amount of additional expenditure required or spent. Honourable Members are aware that supplementary estimates require a similar approval or ratification process as expenditures approved in the annual budget. To offset some of these additional COVID -19 related expend itures, departments will be required to identify areas for savings and setup virements to transfer funds across Ministries. Mr. Speaker, to ensure that costs are managed and reduced appropriately, the Ministry of F inance will enhance its ongoing budget monitoring and control exercises. To ensure greater transparency, I will be reporting to this Honourable House on at least a quarterly basis on the overall financial performance of the Government’s revenues and expenditures. Mr. Speaker, the Ministry of Finance recognises that to navigate appropriately through this crisis, we wi ll require the input and advice of all stakeholders in the community. The Ministry of Finance has i ncreased its interaction with stakeholders in the public and private sectors to obtain views from business leaders about industry sector performance and thei r outlook. This will assist in the development of our economic recovery plans for COVID -19. Additionally, the Ministry of Finance has already engaged with the Fiscal Responsibility Panel to seek their feedback. Further, on April 10 th, the Ministry of Finance and the Bermuda Monetary Authority convened an emergency meeting with the Financial Policy Council [FPC] to discuss COVID -19. The purpose of this special meeting of the FPC was to provide a forum for preliminary discussion and advice to me, as the Mini ster of Finance, and the Bermuda Monetary Authority [BMA] on the possible impact of COVID -19 developments on the financial stability of Bermuda. Mr. Speaker, another FPC meeting was held on April the 30th to build on the discussion from the April 10th teleconference and seek to provide more specific advice to me and the BMA from members on the recommended courses of economic policy actions for Bermuda to mitigate the impacts of COVID -19. Mr. Speaker, to build on the momentum from the FPC meeting, I can confirm that I have established
Bermuda House of Assembly a COVID -19 Economic Advisory Committee. The committee will include key stakeholders in the Berm uda economy and community. The role of the COVID - 19 Economic Advisory Committee is to provide insight and expert advice to identi fy measures to enable sustainable economic growth and mitigate the social i mpacts of the pandemic. Mr. Speaker, with every threat there is an opportunity. Therefore, the COVID -19 crisis must be seen as an opportunity for a profound shift . Any COVID -19 reform programme must be multipronged. It is also important that this plan be far -reaching, comprehensive and supported by a broadly based con-sensus across all of the key stakeholders, including the trade unions and church groups. However difficult it may be , opting out from taking tough decisions at this time is no longer an option. The Ministry of F inance will continue to evaluate probable economic scenarios, including economic circumstances which may result in even more severe reductions in bus iness condit ions, employment and government rev enues. This will allow for further temporary emergency measures to be taken, if necessary, so that Gover nment can maintain essential [public] services and continue to service the needs of our community as r equired to prot ect our national interests. Mr. Speaker, when you consider the long view, Bermuda has been in business for 500 years. Our legacy is a strong and vibrant one. Our people and many of our businesses are resilient and strong in character. I am confident that if we all work together, Bermuda and her people will emerge from this crisis stronger. Mr. Speaker, in closing, I wish to once again thank all of our essential workers and everyone who is on the front line working day and night to ensure our health and well-being. We are grateful for the sacrifice and dedication of all of those wonderful people keeping us safe and keeping this Island operating while putting their own safety at risk. Thanks also to those businesses and individuals who are so generously donating funds, resources and supplies to assist in our efforts to fight this virus. Thank you.
The SpeakerThe SpeakerThank you, Minister. The next Minister on the list this morning to give a Statement is the Minister of Works. Minister Burch, would you like to unmute and give your Statement at this time?
The SpeakerThe SpeakerYes. COVID -19—PUBLIC WORKS OPERATIONS
Lt. Col. Hon. David A. BurchMr. Speaker, it was only a few short months ago that the world was hit with a pandemi c that would bring life as we know it to a grinding halt. And although we like to think of Bermuda as another world, we were not immune to this crisis. Mr. …
Mr. Speaker, it was only a few short months ago that the world was hit with a pandemi c that would bring life as we know it to a grinding halt. And although we like to think of Bermuda as another world, we were not immune to this crisis. Mr. Speaker, similar to major events that changed the world in times past, such as World Wars I and II , the bombing of Pearl Harbour and more r ecently the 9/11 attacks in the US in 2001 that dramat ically changed the way in which we travel, it is antic ipated the COVID -19 pandemic that landed on our shores in March will further impact our travel habits. This pandemic has also changed the way we com-municate, the way we socialise and the way we conduct our daily business. For the foreseeable future we can no lon ger shake hands; we cannot fist pump or do the “bro shake” when greeting one another. Mr. Speaker, these interactions were replaced with elbow bumping and foot tapping, to the new real ity of physical distancing which requires us to remain six feet apart. Who knows? That may be a good thing! In-person meetings are now replaced using technol ogy such as Zoom, WebEx and Lifesize. Mr. Speaker, some may have thought that the shelter -in-place conditions brought the Island to a standstill. However, the business of the country, and in particular the functions in the Ministry of Public Works, had to continue, as they are critical to the operation of this country. Without the monitoring and maintenance of our water and sewage system, the 24-hour, seven- days -a-week operation of the Tynes Bay Waste -to-Energy Facility, to the daily collection of garbage, Bermuda would experience major infrastruc-ture challenges and health issues. With that brief introduction, Mr. Speaker, I wanted to take a few minutes this morning to acknowledge the hard work of several teams within my Ministry who had little rest during this shelter in place. And I consider them our h eroes without a c ape. Mr. Speaker, I am in no way saying things in the Ministry are perfect. You may recall shortly after we required persons to self -quarantine from overseas travel, the team in the Waste Management Section expressed serious concerns that one of their colleagues returned to work without following those guidelines. My Permanent Secretary, the President of the Bermuda Industrial Union and I held several meet-ings with the Waste Management Team at Marsh Folly in an attempt to allay any concerns. It was agreed that the workers would return to work the following week, March 30 th. I must thank at this time Ms. Lawreida Car twright for attending those meetings at short notice to sign for our hearing- impaired employee. To ensure garbage was collected that week, the management team of the Waste Section immediately reached out to a number of private organisations and contractors who quickly agreed to assist the coun try at that time. Once again I would like to extend my thanks to the Corporations of Hamilton and St. George’s, and the private contractors, who ensured 3918 8 May 2020 Official Hansard Report
Bermuda House of Assembly garbage across the Island was collected with minimum issues. Mr. Speaker, during shelter in place, the Mi nistry was also tasked with coordinating the efforts of seamstresses across the Island to produce face masks. Two members of our Headquarters Team, Mrs. Trina Bean and Mrs. Georgette Trott, along with Mrs. Sheila Tyrrell, who brought the idea to us, and Ms. Gaye Simmons quickly formed the nucleus of our Face Mask Team. Shortly thereafter, the Ministry r eceived numerous offers of help from private individ uals who simply wanted to help. They have produced over 1,000 masks between them —free of charge— which have been donated to the hospital, nine nursing homes, the [Bermuda] Police Service, Bermuda Reg-iment and six community groups. It is my pleasure to acknowledge and thank them for their generosity and community mindedness. They are: • Mrs. Belinda Brown; • Mrs. Nancy Frith; • Mrs. Lee Hall ; • Ms. Renee Hill ; • Mrs. Cynthia Kenahan; • Mr. Patrick Mahon; • Ms. Rochelle Minors ; • Mrs. Cindy Patterson; • Mrs. Marilyn Sannemalm ; • Mrs. Karen Skiffington; • Mrs. Nancy Thompson; • Mrs. Sheila Tyrrell . Mr. Speaker, to ramp up the testing of res idents for the coronavirus, the team in the Buildings Section, led by Mr. Sheridan Ming and Mr. Dalton Burgess, collaborated with Dr. Carika Weldon to d esign and build the new lab, all while she [Dr. Weldon] was in quarantine. The team contracted Bermuda Drywall & Ceiling to complete the lab preparation works by converting a part of the Health Lab at Southside into a COVID -19 testing lab in three days. This second lab would now be used to support the Government’s efforts with having as many persons [as possible] in Bermuda tested for the virus. The lab was now operational, but the drivethrough testing site still required some work. Once again, our team, along with the BLDC team, pulled out all th e stops to ensure this drive- through testing facility was up and running on Friday, April 24 th. A special thanks to Mr. Stephen Tucker, who has worked tir elessly to ensure the site became fit for purpose, as well as ensuring the medical team and scientists had all the equipment and supplies they needed. A team of doctors led by Dr. Kyjuan Brown, along with Dr. Amne Foggo –Osseyran, Dr. Cindy Morris and Dr. Jeffrey MacLeod, ensured the process ran smoothly. They were assisted by an amazing group of 14 young medical students —all but one of whom are young ladies. They are: • Ms. Toya Anderson; • Ms. Nia Bailey ; • Ms. Dehjah Burgess -Simons ; • Ms. Dasha Caines ; • Mr. Tahj Cox ; • Ms. Elizabeth Davis ; • Ms. Taala Somner ; • Ms. Sacara Phillips ; • Ms. Sadaije Riley ; • Ms. Jade Robinson ; • Ms. Nafisa Robinson; • Ms. Kiandra Simons ; • Ms. Kristin Steede; • Ms. Kayah Wilkes . Mr. Speaker, the Ministry was also tasked with assisting the third sector with the delivery of meals, supplies and computers to seniors; water and food to those in need; to driving the seamstresses across the Island to secure materials; to delivering face masks to those in need. I would like to say a big thank you to Mr. Nathan Darrell, our Transport Supervisor, who always displayed a positive attitude. And no matter what the challenge, the first words out of his mouth were, Not a problem; we’ll get it done. The Mi nistry received several requests from residents who ran low on [tank] water. So the Quarry Team, led by Mr. Abayomi Carmichael, quickly responded by delivering sever al truckloads of water. Mr. Speaker, securing personal protective equipment (or PPE, as it is more commonly known) remains an issue globally. However, our Purchasing and Finance Team worked with a local company to secure face masks of surgical quality fr om an overseas vendor. As such, the Ministry liaised with the Ministry of Health, with the end result being a joint order for PPEs being made. From this order, the Mi nistry received several boxes of face masks on Monday of this week and expect a few more s hipments over the next week or so. Mr. Speaker, the Bermuda Housing Corpor ation (BHC) instituted enhanced 24- hour security at all of the rooming houses during shelter in place. The BHC also issued face masks to their clients to adhere to the new protocol s and provided transportation for those in need to go grocery shopping. In addition, while preparing contingency plans in the event quarantine was needed, emergency accommodations were prepared (should they be needed). The BHC also provided administrative assistance to Dr. Carika Weldon at the Southside Lab. The H.U.S.T.L.E. Truck provided assistance where need. The Bermuda Land Development Company provided assistance in setting up the COVID -19 testing lab at Southside; administr ative support to Dr. Weldon; and assistance to BELCO with support for a blown transformer at Southside, which disrupted the power supply —which would have resulted in power outages.
Bermuda House of Assembly Mr. Speaker, the Public Lands and Buildings Team assisted with filling requests from Dr. Weldon for the sourcing of required lab items, which included the fabricating of units in our Carpentry Shop to be used for storing sampling kits at the drive- through testing centre at Southside. The Prospect Depot also assisted with fabricating the mobile hand saniti ser stands that are presently positioned at key entry points at the government buildings. The Public Lands and Buildings Team also • provided internal improvements for the refit of a government -owned residential property used for quarantine by the Ministry of National Security ; • set up a new lease for the Fort Knox Building at Southside for the new warehouse facility for COVID -19 stores ; • worked with BHB and the Ministry of Health and donated materials and equipment for the setup of the new stores ; and • worked with the Department of Workforce D evelopment with facility setup for the C OVID -19 Unemployment Benefit Programme. Mr. Speaker, with the shelter in place event ually coming to an end, it was important that the Go vernment be ready for what this would look l ike. To that end, our team was tasked with drafting the Gover nment reopening protocols. A special thanks to Mr. Derrick Simmons and Ms. Zoey Roberts in the Mini stry who worked alongside the Department of Health Team to produce these protocols. Highlights f rom this document speak to (1) the taking of body temperature before entering a government building; (2) the wearing of face masks before entering a government building; (3) the use of hand sanitiser; (4) the specific use of elevators depending on the buil ding (one or two riders at any given time); (5) the use of stairs where possible to reduce the risk of spread and [promote] social di stancing while in the workplace; and (6) social distan cing while in the workplace. There are also markings (6 feet apart) on the ground outside each government building for custom-ers’ convenience to adhere to the new protocols. Some services which were closed are now open, such as the Tynes Bay Drop- Off, the Airport Dump Facility and the Marsh Folly composting site. I would l ike to thank Mr. Clarkston Trott and Mr. Nasir Wade, the respective team leaders of Marsh Folly and Tynes Bay, for their oversight and support during this shelter in place. Mr. Speaker, the Finance Team in the Ministry were equally busy during this time. They were r esponsible for (1) managing the government’s vehicles to enable other departments to achieve their mandate; (2) procuring key supplies such as masks, as well as continued services for regular goods and services i ncluding fuel supply; (3) onboar ding, termination and other transitions of key members of staff; and (4) visits to our communications towers to ensure they were working and under no threat during the shelter in place. I would like to specifically thank Ministry Co ntroller, Ms. Joanne Sm ith, who was in the office daily assisting the teams to carry out their duties. Mr. Speaker, the Land Title Registry Team worked remotely for the most part, but were still able to (1) provide a search facility to stakeholders on the information we hold electronically going back to the year 2000; (2) complete 160 land title registration a pplications; and (3) continue work on creating registers for the 58,000 scanned deeds registry documents. Mr. Speaker, the WEDCO office continued to operate normally thr oughout the shelter in place by ensuring that WEDCO’s infrastructure, water and sewage operated 24/7 and providing emergency r epairs when and where necessary. Mr. Speaker, the Land Valuation Department activities during this shelter in place included the ongoing work with the 2020 Revaluation Project. Mr. Speaker, I would like to thank all the members of the Public Works Team who stepped up to the plate and did what was necessary for us to do our part during this time of crisis for our country. Many demonstrated what will become the new normal — those who are willing to step outside their comfort zone and do what is necessary to get the job done will have the greatest success. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Burch. The next Statement on the Order Paper this morning is that of Minister Foggo. Minister, would you like to present your Statement? Hon. Lovitta F. Foggo: Yes indeed, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead, Minister. HERITAGE MONTH 2020 Hon. Lovitta F. Foggo: Thank you much. Mr. Speaker, May is a time when the whole of Bermuda traditionally looks forward to celebrating Heritage Month. It is the time of year when Bermudians come together to celebrate our heritage, our culture, our family …
Go right ahead, Minister.
HERITAGE MONTH 2020
Hon. Lovitta F. Foggo: Thank you much. Mr. Speaker, May is a time when the whole of Bermuda traditionally looks forward to celebrating Heritage Month. It is the time of year when Bermudians come together to celebrate our heritage, our culture, our family connections, our national pr ide and our national unity. It is a time for festivity and toget herness. It is a time to reflect upon who we are as a people. Mr. Speaker, the impact of COVID -19 means that Heritage Month 2020 must be observed in a way that we have never done before. The decision to cancel the Bermuda Day Parade for this year was difficult, and it was sobering, yet entirely necessary in order to safeguard the health of our people. However, as we face this unprecedented threat, there is even a greater need to recall the original intention of Heritage Month, of celebrating our culture, family connections, national 3920 8 May 2020 Official Hansard Report
Bermuda House of Assembly pride and unity. Although we are currently bound by the need to physically distance ourselves from each other in ways that sometimes feel alien to us, this does not mean that the core ideology undergirding Heritage Month must be cast aside. Mr. Speaker, you will recall that the theme for Heritage Month is We Are Bermudian, and it is an extremely worthy theme to embrace during a time when we are living history. Now more than ever is a time to remember who we are and what we stand for when we say, We Are Bermudian . Mr. Speaker, in light of the constraints on gatherin gs of people, the Department of Community and Cultural Affairs has given consideration to the kinds of programming which will achieve the goal of celebrating who we are whilst keeping Bermuda safe through physical distancing. This will be achieved pr imaril y through partnering with creatives, traditionbearers, artists and cultural institutions, and other government departments to provide virtual content of interest to a broad sector of our community. This will include the preparation of traditional foods, r eadings of Bermudian stories, enjoyment of Bermudian music, various arts and cultural challenges, and more. Mr. Speaker, the Department of Community and Cultural Affairs will also work with CITV so that we can provide the public with a Best of the Bermuda Day Parade to air on Friday, May 29 th, highlighting some of the most beautiful floats and memorable dance troupes of our iconic parade in previous years, as well as content for a line- up of cultural films and events to be screened in the lead up to the B ermuda Day. Mr. Speaker, culture and the arts provided us all with a major source of emotional and spiritual sustenance through shelter in place, bringing us entertainment as well as a reservoir of inspiration and t ogetherness during a time when many of us were feeling isolated and discouraged. A significant number of Bermudian musicians, entertainers, artists, DJs, hist orians, tradition- bearers and creatives provided us with virtual happy hours, TikTok challenges, virtual lectures, sip- and-paint events, Instagram Live concerts held in living rooms, virtual art galleries and so much more. As the Minister responsible for culture, I would like to publicly acknowledge their efforts. I have been impressed and proud of our creatives, who quite spon taneously, or ganically and effectively utilised their talents and stepped into the breach to give our people what we needed. Despite this, Mr. Speaker, it is no secret that during times of economic stress, cultural institutions, artists and other creatives often take a financial hit. With this in mind, during Heritage Month the Depar tment of Community and Cultural Affairs will also spearhead a number of national conversations with creatives and cultural institutions to further a dialogue on how arts, culture and heritage can best remain vi able and vibrant during the development of our new normal . Mr. Speaker, at the conclusion of Heritage Month the department will unveil a brand- new website which will serve as an invaluable tool for members of the public, students, cr eatives, researchers and educators to utilise. The department has a treasure trove of materials and information on Bermuda’s culture and heritage; the website will provide the vehicle through which this material can be easily accessed, along with updates about the exciting new programmes that the department is currently working toward, with the intention of developing our creatives, preserving our heri tage and celebrating our people. Mr. Speaker, it is my hope that during this Heritage Month, just as the community appreciates the extraordinary efforts of frontline workers including doctors, nurses, farmers, grocers and others to keep our bodies healthy, safe and nourished during this time, that we will also acknowledge the efforts of our artists and creati ves in keeping our minds and spirits engaged, positive and inspired. Mr. Speaker, these are not easy times for Bermuda, but part of our cultural birth right is the long legacy of strength and resilience that we have to draw from. We are a people who are agile in the face of challenges, generous to our neighbours in times of trouble and innovative with our solutions to problems. That is what we truly mean when we say, We Are Bermudian. I am immensely proud of who we are. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Minister who has a Statement this morning is Minister Simmons. Minister, would you like to do your Statement? Hon. Jamahl S. Simmons: Thank you. Good mor ning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. COVID -19—GOVERNMEN T FEEDBACK FORUM Hon. Jamahl S. Simmons: Mr. Speaker, today I would like to provide this Honourable House with an update on the very valuable public feedback and contributions which we have received during our man-agement of this COVID -19 crisis. Mr. Speaker, this Government is …
Good morning.
COVID -19—GOVERNMEN T FEEDBACK FORUM
Hon. Jamahl S. Simmons: Mr. Speaker, today I would like to provide this Honourable House with an update on the very valuable public feedback and contributions which we have received during our man-agement of this COVID -19 crisis. Mr. Speaker, this Government is committed to providing members of the public with the opportunity to offer their ideas, suggestions and indeed their opi nions. We welcome the input from those whom we serve, as we recognise that we do not always have all the answers. This, we believe, is a healthy practice in a democratic society, and we have therefore created avenues during this COVID -19 episode for our cit izens to express their views on how we can best achieve economic and social recovery. Mr. Speaker, through a variety of means that we have provided for the public, our citizens have exBermuda House of Assembly pressed their views quite candidly and freely. This is a clear sign that people understand the significance of their vested interest and the need to be a part of the solution. The vehicle used for this purpose is the Cit izens Forum at forum.gov.bm . We have found this to be quite effective in e nabling our citizens to express their views without impediment. Mr. Speaker, the public was asked to provide suggestions to stimulate Bermuda’s economy once the shelter in place ended. To date, we have received 136 submissions, which generated 184 ideas. Additionally, these submissions generated 109 comments, with the vast majority of those, 107, showing support for the ideas submitted. Mr. Speaker, we have been very impressed by the substance and innovation contained in these submissions. Clearly, indivi duals have shown a keen interest in making a contribution to the recovery of our country post COVID -19. Mr. Speaker, I hasten to add that many of the comments have been quite laudatory of the manner in which this Government has handled the COVID -19 crisis, a dilemma that has posed extraordinary challenges to every segment of our community and econ-omy, and indeed the entire world. I will not identify the source, but this is a direct quote from one of the r esponses we received: “David Burt, the Premier of Bermuda, Cabinet Ministers, career government lea ders and other public and private sector executives have done a tremendous job of managing the unmanageable COVID -19 pandemic. A debt of thanks is owed to all of them —as well as to frontline workers — for prot ecting our community’s health, families and well-being in this uncertain and fast -changing env ironment.” Mr. Speaker, of equal importance are the excellent and optimistic ideas for economic recovery we have received from members of the public, which we intend to explore. Some of these ideas include the following: • call on global executives and job creators, such as reinsurance leaders, to join the n ational effort to rebuild Bermuda’s economy ; • leverage the expertise and international perspective of these f igures to enhance Berm uda’s competitiveness in the global market ; • incentivise job growth; • manage a gradual reopening of our economy; • facilitate a restaurant /business partnership to jump -start our local food and beverage industry; • use our stable government leadership during COVID -19 as an example of a positive attri bute to promote Bermuda around the world ; • pursue globally significant institutions and personnel to make Bermuda a r egional hub for innovation and excellence in 21 st century educational methods and curriculum ; • creation of High Streets in Hamilton, Dockyard and St . George’s ; • changes to import duties on certain items ; • beachside dining; • Bermuda Star rating for hotels ; • legislate minimum standards for hotels ; • increase local food production; • changes to o ur tax structure; and • resurrect our boat -building industry . Mr. Speaker, these are but a few of the numerous thought -provoking and wide- ranging submi ssions we have received from all quarters of our community. It is very encouraging to see so much interes t from such a diverse cross section of Bermuda and augurs well for us as we strive to work our way not only through this pandemic, but beyond it. Mr. Speaker, on behalf of the Government, I offer my sincere thanks to all those who have submi tted their id eas and for taking the time to provide such thoughtful and cogent suggestions. This Government is committed to being inclusive, and we recognise that we do not have a monopoly on good ideas. I would therefore like to encourage those in our community who ha ve not done so already to please weigh in with their ideas as we welcome input from everyone. They can do so by going to forum.gov.bm . Let me repeat that: It is forum.gov.bm . Mr. Speaker, the Government wishes the pu blic to be aware that their contributions are valued and that there are some that we are already examining closely to determine how best they may be incorp orated into the Government’s plans going forward. In clo sing, I am extremely proud to note the significant number of submissions we have received and, more so, the very encouraging message of unity that this whole process has registered. That unity is what will not only get us through this crisis, but also provide a solid foundation on which to build and sustain our economic and social recovery. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister, I note that there is a second Stat ement by yourself. Would you like to do that one now? Hon. Jamah l S. Simmons: Yes, sir. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerContinue on. COVID -19—PUBLIC COMMUNICATIONS DURING Hon. Jamahl S. Simmons: Mr. Speaker, the objective of communicating during a crisis is to get clear and accurate information to as many people as quic kly as possible. This ensures those receiving the infor-mation are well informed and know exactly what they are …
Continue on.
COVID -19—PUBLIC COMMUNICATIONS DURING
Hon. Jamahl S. Simmons: Mr. Speaker, the objective of communicating during a crisis is to get clear and accurate information to as many people as quic kly as possible. This ensures those receiving the infor-mation are well informed and know exactly what they are supposed to do and when. Ideally, the facts must reach the audience wherever they are comfortable getting their news. 3922 8 May 2020 Official Hansard Report
Bermuda House of Assembly Mr. S peaker, increasingly, people are turning to online platforms such as Facebook, Twitter, Inst agram and WhatsApp to get their information. Groups share links and graphics that interest them and feel would be of interest to others. Short video clips and voice notes are other popular methods to quickly get specific details to large numbers of people. However, Mr. Speaker, there is a group of people who are not using modern technology and rely on the radio, telev ision and printed words to stay informed. Additionally, there are people who have special needs, such as individuals who are hearing impaired, who equally need access to vital life- saving information. The role of the Department of Communications is to make sure each group has the information they need when they need it. Mr. Speaker, very early in the COVID -19 crisis, Government’s Department of Communications [DC] moved to quickly educate the public about COVID -19. DC provided basic information about hand hygiene and cough etiquette, while giving details about what COVID -19 is and how to stop the spread. Working closely with the Ministry of Health, they de-vised [guidance] for industries so they in turn could take action to help prevent the spread of the disease in their establishments. Mr. Speaker, I believe that things happen for a reason. In late February, the Department of Comm unications, working with Government House and the Foreign and Commonwealth Offi ce, provided training in Bermuda on communicating during a crisis. The department’s communications officers, together with the US Consulate General, US State Department and local agency partners, participated in a day and a half of theory and practical exp erience. That training pr ovided useful and practical tools for the attendees and gave reminders on what to do during a crisis. The lessons were indeed timely and provided those in attendance opportunities to make connections and d evelop crisis communications plans that were to prove invaluable within the coming weeks. Mr. Speaker, my Statement today aims to shine a bright light on the tireless work of the Depar tment of Communications. Since the start of this pa ndemic, DC has worked hand in hand with the Mi nistry of Health to help to flatten the curve of this epidemic so as not to overwhelm Bermuda’s hospital and medical services. The Ministry of Health is to be commended for their hard work in response to COVID -19, and likewise I heartily commend the Depart ment of Communications. Since 1 March 2020, • the Government has held 47 press conferences;
• the Premier has given two national addresses; • we have issued 173 COVID -19 press releases and 225 press releases altogether; • we created 40 public service announcement s and recorded and posted all press conferences; • we designed more than 600 social media and other graphics; • the TreeFrog app was downloaded by almost 2,000 people— 965 from the App Store and 974 from Google Play; and • the team answered hundreds of media queries. Mr. Speaker, the public may not be aware that each day members of the media send questions based on stories they are writing or producing for the next news cycle. For example, at one point the Mini stry of Health received almost 40 questions in one da y. The Communications Officer for Health is responsible for consulting with the technical officer at the Ministry of Health to get the correct answers. The responses may require research in order to provide accurate i nformation to the news outlets and ulti mately to the people of Bermuda. This is an extremely timeconsuming exercise, and all involved must be recognised for working in collaboration to support local m edia. Mr. Speaker, the activity undertaken by the Department of Communications so far has resulted in the highest viewing of government data on the government portal and since we launched the social m edia platforms. Let me begin with the portal. We developed the coronavirus.gov.bm and gov.bm/coronavi rus , which are on the same page, on the 12th of March. Since then, 169,075 users have visited the page in over 324,208 sessions. There have been 564,000 page views; 77,227 of the users are from Bermuda, while 57,291 are from the US. Between them, they had almost half a million page views. I shall now give details on the top three fi gures on Facebook.
Facebook Views on V ideo: • On the 1st of April, 44,900 views of the Premier’s National Address , Shelter in Place [announcement]; • March 18th, 17,300 views of the press conference announcing various closures in Berm uda; • April 30th, [there were] 16,200 views of the Premier, Minister of H ealth , Minister of N ational Security via Facebook Live.
Public Service Announcements on Facebook : • April 23rd, 22,700 views of Athletes Shelter in Place vide o; • Confused about Dos and Don’ ts of COVID - 19? video, 22,300 views ; and • How to protect yourself from COVID -19— 17,700 views Since March 1st, the Communications T eam has posted the following on each social media platform: 430 posts on Facebook, 640 Twitter tweets, 100
Bermuda House of Assembly posts on Instagram, 11 posts on LinkedIn; and that is a total of 1,181 posts. Mr. Speaker, on Facebook the Government currently has more than 10,700 followers who have viewed more than 2 million minutes of video. T here have been 34,000 video engagements “ Video engagement ” is defined as the length of time viewers watch a video and then participate in some action around that video —for example, liking it, sharing it and/or commenting on it. In general, on Facebook there have been 29,000 reactions, 18,000 comments, 6,100 shares and more than 53,000 engagements. On Twitter we have 4,291 followers, 1,000 retweets and more than 2,700 engagements. On I nstagram we have more than 3,700 followers, more than 3,200 likes and 3,200 engagements. Mr. Speaker, on the 23 rd of March, the Government launched their WhatsApp service. Anyone who signed up to 504 6045 and sent a message that said Hi has received messages from the Department of Communications on what is happening with COVID -19. In the last six weeks the total number of messages sent (including broadcasts and responses to queries) is 325,978. The service has received 11,400 messages from subscribers. And as of yesterday, there were 5,250 subscribers. What should be noted, Mr. Speaker, is this global pandemic has created a lot of communications firsts for Bermuda, including: • the first time we have had daily press briefings;
• the first time we have had speakers in multiple locations going live on Facebook and CITV ; and • the c reation of a purpose- built space for press conferences , taking into account the need for social distancing . Mr. Speaker, other than press conferences and the occasional photoshoot, the team has been able to work effectively from their respective homes without any interruption in service. Mr. Speaker, clearly I can continue to highlight the outstanding work of the Department of Communi-cations, but in the interest of time I shall shorten this statement. However, before I close I want to recognise the people in C ommunications who have made these staggering statistics possible: • Deputy Director of Communications , Nea Talbot, who is the Communications Officer for National Security, the Cabinet Office and Labour, Community Affairs and Sports;
• Health Communications Off icer, Helen Zoel lner. (Helen has been seconded to Health during this crisis .); • Communications Officer for the Premier and Finance , Honey Adams;
• Communications Officer for Education and Legal Affairs , Tina Evans Caines ; • Communications Officer for Public Wor ks and Tourism and Transport , Michael Brangman; • Communications Officer for Home Affairs , seconded from the Bermuda Police Service, Mr. Robin Simmons; • the Internal Communications Officer , Cour tney Bushner , who has also become the Social Media Officer during the crisis; • the Deputy Director of Creative Services , Keno Simmons; • the three graphic designers , DeLeon Grant, Jamie MacDowell and Suzette Sailsman; • our photographers , Stephen Raynor and J ason Swan; and • our photo librarian, Michelle Dismont - Frazzoni . Mr. Speaker, the team at CITV comprises General Manager Jannell Ford, Programme Manager Al Seymour, Jr., Senior Producer Robert Zuill, Telev ision Editor Asha Ludwig, two videographers Nick - Keymin Spence and Calae Steede. The government switchboard operators are also a part of the team: Senior Customer Service Representative Maureen Crockwell, Customer Service Representatives Patsy Lewis and Ryan Smith, Administrative Officer Gaynell Weeks and Accounts Assistant Kimberley Spencer. Carly Lodge, the Cultural Af fairs Programme Manager in Community and Cultural Affairs, has been second-ed to Communications and had sole responsibility for the WhatsApp phone service. Mr. Speaker, I have not mentioned the Portals Management Team who have been a part of the de-partment since 2016 and have been instrumental in designing the COVID -19 pages on the government website [gov.bm] and developing all the online forms which Government has produced in the last few months, allowing the organisation to function without paper. They ar e Assistant Director -Portals, David Wellman; Portals Administrators, Travis Smith- Simons and Khaliah Nesbitt. Mr. Speaker, this team of highly qualified, hard- working and dedicated professionals is led by Director Aderonke Bademosi Wilson. Mr. Speaker, I have had the pleasure of serving as Minister with r esponsibility for Communications since 2018. During that time I have been assisted greatly by the leadership of our Director of Communications, Aderonke Bademosi Wilson. Her advice, adaptability and unw avering capacity to simply get things done and her patience with a Minister who, I am told, can be quite demanding have all been at an impeccably high standard. That standard has been raised even higher during what has been an unprecedented time when the dem ands on her and her team have been like never before. The way that her team has stepped up and met the call during this pandemic is a reflection not only of a strong team effort, but of the leadership 3924 8 May 2020 Official Hansard Report
Bermuda House of Assembly of Director Wilson in helping to make it all happen. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to a close of the Ministerial Statements this morning. We will move on to the next order on the O rder Paper. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. PREMIER’S QUESTION TIME [Standing Order 17(11)(i)]
The SpeakerThe SpeakerAlthough it was not noted on the O rders for the Day, this is the second Friday of the month, which means there are Premier’s Questions. And I know both Whips have not missed it because we already see a list of Members who wish to ask questions of the …
Although it was not noted on the O rders for the Day, this is the second Friday of the month, which means there are Premier’s Questions. And I know both Whips have not missed it because we already see a list of Members who wish to ask questions of the Premier. Mr. Premier, there are some 10 Members who have indicated that they would like to put questions to you this morning. And as recent amendments to the Standing Orders, just to remind Members, the Pre mier’s Q uestions will last for 30 minutes, separate from the 60 minutes of the normal Question Period, which comes afterwards. The Opposition Leader gets to ask three questions, both [primary and] supplemental. And all other Members can put one question and two s upplementary questions when they are recognised to speak. The other amendment is that the response from the Premier will not exceed three minutes. And I have a timeclock which will run. And just to note the time now as we start the question period, the Pr emier’s Questions, it is now 11:19. And, Premier, I am going to call upon the Opposition Leader to put his first question to you. Mr. Opposition Leader.
QUESTION 1: COVID -19 GUIDELINES — MONITORING ESTABLISHMENTS FOR COMPLIANCE
Hon. L. Craig Cannonier: Thank you very much, Mr. Speaker, and good morning to Bermuda and col-leagues within Parliament. Premier, my first question to you, considering now that we are beginning to ease regulations on businesses so that they can start reopening construction and the likes, and taking into consideration many employees may be a bit concerned as they return to work whether the conditions are going to be favour able to them in protecting them. Are you looking at any measures of monitoring establishments in compliance to the guidelines that we have set out to ensure that, as they reopen, these guidelines are being stuck to, they are being adhered to?
The SpeakerThe SpeakerThank you. Premier, would you like to respond? Hon. E. David Burt: Yes, absolutely. Thank you very much, Mr. S peaker. In response to the Opposition Leader, certai nly regarding the monitoring of these particular establishments is particularly important. The continuing precautions, regulations which are in force allow the Minister …
Thank you. Premier, would you like to respond? Hon. E. David Burt: Yes, absolutely. Thank you very much, Mr. S peaker. In response to the Opposition Leader, certai nly regarding the monitoring of these particular establishments is particularly important. The continuing precautions, regulations which are in force allow the Minister of Health to actually close down a business that is not in compliance with any of the guidance which has been issued and posted on the particular website, coronavirus.gov.bm , in combination with the Health Ministry’s officials who regularly do inspe ctions, such as the Department of Environmental Health. In addition, supported by the Ministry of N ational Security, managed by the Disaster Risk Reduc-tion and Mitigation Team under the leadership of the Minister of National Security, those [officer s], whether they be regiment officers and/or police officers, are actually assisting in making sure that the enforcement is being monitored. It is particularly important, as the Opposition Leader said, that persons heed to this advice. And the easiest and most effective way of this happening is ensuring that every single person in every single establishment where there is work taking place is wearing a mask. This has been reiterated by the Minister of Health, and I know that the team from the Ministry of National Security, who is assisting in monitoring compliance, is making sure that this is enforced. Additionally, the Ministry of National Security has looked to bring in additional persons to support [these efforts]. I do know that traffic wardens in the city of —the Corporation of Hamilton are also assisting with some of the enforcement measures as well, and I do know that there was a move to get bailiffs to assist in the enforcement measures as well, just to make sure that we are continuing to monitor the [enforc ement measures] which are being put in place. But I will urge businesses to know that if they are caught not following the regulations, they will be closed down. The Government will do that in the abundance of caution to ensure that people are bei ng safe.
The SpeakerThe SpeakerThank you, Premier. Mr. Opposition Leader, would you like to put a supplementary or another question? Hon. L. Craig Cannonier: Yes. No, supplementary.
The SpeakerThe SpeakerGo ahead. Bermuda House of Assembly SUPPLEMENTARIES Hon. L. Craig Cannonier: Premier, taki ng that into consideration, is there any one particular area if there are concerns that you can advise the public that they can call or email [which] will speed up the response to ensuring that companies and …
Go ahead.
Bermuda House of Assembly SUPPLEMENTARIES
Hon. L. Craig Cannonier: Premier, taki ng that into consideration, is there any one particular area if there are concerns that you can advise the public that they can call or email [which] will speed up the response to ensuring that companies and establishments are compliant? So is there any one particular area that, if there is a concern, they can contact? As opposed to, many times what happens is, though, they may contact one of us as MPs or the likes. But is there any one particular area you can identify if they have any concerns, that they c an contact, or the Government?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I did one of those mute mistakes; my apologies. I was talking, and I was muted. Thank you, Mr. Speaker. My apologies. I thank the Honourable Opposition Leader for his question. I believe there are two particular ways in which persons can report such violations. …
Premier.
Hon. E. David Burt: I did one of those mute mistakes; my apologies. I was talking, and I was muted. Thank you, Mr. Speaker. My apologies. I thank the Honourable Opposition Leader for his question. I believe there are two particular ways in which persons can report such violations. And the i nstances where those can be reported are with the Bermuda Police Service, as they are primarily responsible for this type of enforcement. And they will share that particular information with the teams of whom they are working with. As the EMO [Emergency Measures Organisation] operational meetings have persons from not only the Ministry of Health, but also Ministry of National Security, the police and the regiment. But the members of the public, if there are breaches, are encouraged to call the Bermuda Police [Service] on 211. They can also go to the Bermuda police website. And just so I can confirm that, I believe that website is . . . (I do not want to get the wrong one, because I know there is a fake Bermuda police website.) But they can go to the Bermuda police website, which can be found at police.bm . And then they can go ahead and report any types of businesses there. There is a form of which they can file to report items there.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, would you like to do another supplementary or a new question? Hon. L. Craig Cannonier: Yes, another supplementary.
The SpeakerThe SpeakerContinue. Hon. L. Craig Cannonier: Thank you, thank you, Mr. Speaker. And thank you, Premier. Considering we have already seen played out in the public one particular establishment complaining about a Minister walking into their establishment, is there any advice that you can give to businesses out there as to …
Continue. Hon. L. Craig Cannonier: Thank you, thank you, Mr. Speaker. And thank you, Premier. Considering we have already seen played out in the public one particular establishment complaining about a Minister walking into their establishment, is there any advice that you can give to businesses out there as to what they can expect from those who are monitoring, like the Minister of National Security or the regiment? Is there any protocol that you can give to the establishments out there that they can expect from these offi cials who might be monitoring as a process that they can expect when they come into an estab-lishment just to check them?
The SpeakerThe SpeakerMr. Premier. You can respond, Premier. Hon. E. David Burt: I thank the Opposition Leader for his question, Mr. Speaker. In most instances where there are persons who wear the uniform, whether they are police or they will be from the Department of Health, they will have their particular identification, …
Mr. Premier. You can respond, Premier.
Hon. E. David Burt: I thank the Opposition Leader for his question, Mr. Speaker. In most instances where there are persons who wear the uniform, whether they are police or they will be from the Department of Health, they will have their particular identification, which will be necessary and required, so that persons will know who they are in that particular case and instance. I think restaurant persons would be familiar with officials from the D epartment of Environmental Health. Clearly, police and regiment persons are typically uniformed. I believe the case which the Opposition Lea der was referring to was a case in which the Minister of National Security, I would say, on a Sunday went to go look and inspect something for himself. And I am pleased and happy that I have a dedicated —that the country, I think, should be happy that we hav e a dedicated team of Ministers who will go ahead and try to make sure that they are dealing with matters efficiently to protect the safety of the public. So to answer the Opposition Leader’s questions, almost every single enforcement officer, I would expect, certainly from Health, police and/or the reg iment, whether they be bailiffs and/or wardens in the City of Hamilton, will be uniformed and should be easily identified.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, would you like to move on to your third supplementary or new question? Oh, just new question. You only get two supplementaries; I am sorry. Hon. L. Craig Cannonier: Yes. I almost got away with that one, Mr. Speaker. [Laughter]
The SpeakerThe SpeakerYes. Next question. QUESTION 2: COVID -19 TESTING —NOTIFICATION OF RESULTS Hon. L. Craig Cannonier: Okay. Yes, next question. Premier, taking into consideration we now have testing down at Southside, there have been r eports that they are being told that they would be not ified of their results by …
Yes. Next question.
QUESTION 2: COVID -19 TESTING —NOTIFICATION OF RESULTS
Hon. L. Craig Cannonier: Okay. Yes, next question. Premier, taking into consideration we now have testing down at Southside, there have been r eports that they are being told that they would be not ified of their results by their doctor. We have also 3926 8 May 2020 Official Hansard Report
Bermuda House of Assembly heard from doctors’ offices that tests have been done, but they have not been notified. And four days have gone by, plus, and the doctor’s office has not been notified. Is there a particular timeframe that those of the public wh o are getting tested . . . is there a partic ular timeframe that they can be given which will guide them into an expectation of when those results would be given back to them?
The SpeakerThe SpeakerHonourable Premier, do you wish to answer? Hon. E. David Burt: Absolutely. I thank the Honour able Opposition Leader for his question. I do know that the Southside Lab turns around most test results within 24 hours. I do know that they have further developed an automated system in order …
Honourable Premier, do you wish to answer? Hon. E. David Burt: Absolutely. I thank the Honour able Opposition Leader for his question. I do know that the Southside Lab turns around most test results within 24 hours. I do know that they have further developed an automated system in order to make sure they relay those part icular answers not only to the doctors, but I believe the Ministry of Health is working on a further revision to actually be able to report negative results directly to patients, given the volume of persons . It is important to note that this process itsel f is self-reporting. So unlike in the other instance of last where individuals would have been referred to their doctor through the regular testing phase, this is persons who self -refer themselves. There are instances where doctors’ contact information may or may not be correct information. Information may be relayed. And what my advice to the Opposition Leader would be, if there are any doctors who are contacting him for those particular questions or challenges, that they d irect their information to the Mi nistry of Health. The Southside Lab does report all information to the Ministry of Health. The Ministry of Health is not the responsible party to relay that information to ind ividuals; the doctors are. But given the fact that we have gone from a process w here we were testing about 20 to 30 people a day, which were referred to doctors, to a process where we are testing multiple hundreds of persons a day, there was definitely a need for a change of process. And the need to the change of process which I think was agreed, to the best of my recollection was agreed last week, is a sy stem would be set up whereby negative results could be reported directly to patients and positive results can be reported through their physician.
Hon. L. Craig Cannonier: Supplement ary.
The SpeakerThe SpeakerThank you, Premier. Would you like to do your supplementary? Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. SUPPLEMENTARIES Hon. L. Craig Cannonier: I appreciate that; thank you, Premier. Taking that into c onsideration, being aware now that there has been some form of a gap in between understanding exactly how the results will be given to those who have been tested at Southside, would you take …
Yes. SUPPLEMENTARIES
Hon. L. Craig Cannonier: I appreciate that; thank you, Premier. Taking that into c onsideration, being aware now that there has been some form of a gap in between understanding exactly how the results will be given to those who have been tested at Southside, would you take it upon yourself to ensure that the pu blic is aware? Because ther e still seems to be some confusion as to whether or not they are supposed to go to their doctor then, based on what you have said.
Hon. E. David Burt: Mr. Speaker, I think that the Mi nister of Health has reiterated that. But I have no issue reiterating those particular things in public. What I would say is that I do not accept the Opposition Lea der’s—the premise overall that there is a particular gap. What I will say is that this is a challenge. And part of the challenge is that between the fact that people were in one instance being referred by doctors, so when they were referred by doctors to the testing which was taking place, administered by the Ministry of Health, the doctors are going to necessarily expect their results. In other cases and instances where pe ople are self -referring, these are people who may not have doctors, their doctors may have changed, they may have listed old doctors —there are lots of different things that are there. So I do not particularly, as I said, accept the word “gap.” There are certainly, when we have changed this particular process, there are certainly things that could have been done better. But I do not think it is a question of a gap. All these results are being reported to the Ministry of Health as required under law. The results are also being sent to the doctors whose contact information was given. There are particular i nstances and individual circumstances where people, as I said, either do not have regular doctors, their at-tending doctors may have changed, or the c ontact information has been incorrect. But I am reasonably assured and I will ask the Minister of Health to reiterate this information out to the doctors’ communities, because I do not believe that right now we are experiencing that many pro blems with that. But I am happy to take the question which the Opposition Leader asked, under advice. I know the Minister of Health is listening. And I am certain that we will be able to send out further guidance to the doctors, and also making sure that the Shadow Minister of Health is inside of that communication so she can be aware of what is going on.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, would you like to put your second supplementary? Hon. L. Craig Cannonier: Yes. Second supplementary. Thank you, t hank you. Thank you, Premier. Bermuda House of Assembly You mentioned about being tested negative, Premier. If someone is tested positive, can you tell us and the …
Thank you, Premier. Opposition Leader, would you like to put your second supplementary?
Hon. L. Craig Cannonier: Yes. Second supplementary. Thank you, t hank you. Thank you, Premier.
Bermuda House of Assembly You mentioned about being tested negative, Premier. If someone is tested positive, can you tell us and the public what one can expect to follow from Government’s involvement? What should that person expect as the next procedure so people are aware of what they can expect if in effect they are positive?
Hon. E. David Burt: Thank you for that question. I am going to do my best to answer, as these things certainly fall under the purview of the Minister of Health. But for the mos t part relative to the process, if that happens and if there is a positive case, the positive case is reported to the Epidemiology and Surveillance Unit as it is a reportable act under law. The Epidem iology and Surveillance Unit does not inform the patient. The patient is informed by their primary care physician. So once they are informed by their primary care physician, they will then be contacted by an officer from the Epidemiology and Surveillance Unit to advise, to give public health advice. The public health advice, I am sure, would consist of a number of i ssues, one, certainly a requirement for them to be is olated from other persons and making sure that they are able to effectively isolate wherever they are. If they are not able to effectively isolate wherever they are, there may be assistance which may be offered for a particular isolation to ensure that there is no spread. Obviously, if they live alone, then they will be asked [about] their contacts, I assume, at work and also in the community. If they do not live alone, then the contacts inside their household will likely be assessed by the Ministry of Health Team at the Epidemiology and Surveillance Unit, and will likely be sent for testing on whatever the Epidemiology and Surveillance Unit deems t o be the correct procedure. I would say, Mr. Speaker, that as confidential as this particular process is, I actually do not have a view into it. And I thought it was an interesting conversation that the Minister of Health and I had the other day where there was [confidentiality]. And we actually do not know the names or identities of these persons who [test] positive. And I think that this is in keeping with the level of confidentiality which is actually ascribed to this particular process. So I think the Epidemiology and Surveillance Unit does an excellent job of making sure that these things are kept confidential. And they follow the public health guidelines insofar as making sure the person is isolated, their contacts are updated through the contact tra cing, their contacts are tested and quarantined. Any contacts certainly would be required to be quarantined. And then follow -up testing would certainly take place.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, that is your last suppl ementary on your second question. Would you like to move to a third question? QUESTION 3: COVID -19— PROCUREMENT OF PPE Hon. L. Craig Cannonier: Third question, yes. Thank you, Mr. Speaker, and thank you to the Premier. In our …
Thank you, Premier. Opposition Leader, that is your last suppl ementary on your second question. Would you like to move to a third question?
QUESTION 3: COVID -19— PROCUREMENT OF PPE
Hon. L. Craig Cannonier: Third question, yes. Thank you, Mr. Speaker, and thank you to the Premier. In our effort to work together, it is important to get clarity on some things for the public. So I appreciate the an-swers thus far. My third question, Mr. Speaker, has to do with procurement. Can the Premier explain, taking into consideration they have, I am sure, been bombarded, and we have been a part o f that process in bombar ding the Government with opportunities to acquire PPE. We have seen how it has played out where, you know, one minute we are getting PPE, and the next minute we are not sure when it is actually coming. Or we know that the private sector has brought in PPE already, and there have been complications with Customs concerning that. Can the Premier explain what, really, is the procurement process that the Government is going through to secure PPE? And I ask that question so that people un derstand that the Government has a fair and equitable process in place.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you. Thank you for the question. The PPE and procurement is being led under the Public Health Emergency Response Team at their Incide nt Command Centre, which has been set up for COVID -19. And so, as far as the procurement and how the …
Premier.
Hon. E. David Burt: Thank you. Thank you for the question. The PPE and procurement is being led under the Public Health Emergency Response Team at their Incide nt Command Centre, which has been set up for COVID -19. And so, as far as the procurement and how the procurement is actually happening is that this is being led by Anthony Hunter of BHB [Bermuda Hospitals Board] and Mr. Dean Parris, who also works at BHB, but who has been seconded over to the Inc ident Command Centre. What I would say is that i nside of that particular process, they are making sure that we are placing orders not only for the community, but also for the Government, and when it is talking about nursing homes, the hospital, what is needed for emergency services and elder services, et cetera. Our main issue has not necessarily been the procurement of PPE, to be honest, Mr. Speaker. Our main issue has been getting it here. And I think this has bee n the biggest challenge. So what we have recognised early on is that we not only want to use the resources of the Government. But we also want to help and use the resources of the private sector. So there are a number of persons who want to support this particular process. I had already reached out to the Leader of the Opposition for names. Those names were supplied for that team, and that team actually bounces some of the ideas, suggestions and cha llenges that they have when it comes to procurement 3928 8 May 2020 Official Hansard Report
Bermuda House of Assembly with th at particular team of private sector persons to assist. Regarding the fairness of that, what I have now done and the Minister of Finance, I would say more, now that we are out of the emergency phase, a lot of these things are now going to regular procur ement. So we have now gone from a position of emergency —we need to get these things as quickly as possible—to a position of, we have adequate stocks and supplies. We are now looking at restocking for future months and making sure that we are going to be able to go ahead to put out the various [requests for] quotes which are necessary and required in order so that persons can go ahead and participate in that particular process going forward. I think the process overall right now has been fair. But by and large, most of it has been procured directly from our suppliers inside of the People’s R epublic of China and overseas in massive quantities of bulk. So when we are talking about 400,000 surgical masks, 500,000 N -95 masks, masses of face shields, these are very , very, very large quantities which have been [procured]. As we move forward to the resupply, we are going to make sure that we do it under a better framework of, I would say, the procurement process to ensure that the Government is getting value for money.
The SpeakerThe SpeakerAll right. Thank you, Premier. Opposition Leader, would you like to present your first supplementary? Hon. L. Craig Cannonier: Yes, first supplementary. Thank you.
The SpeakerThe SpeakerContinue on. SUPPLEMENTARIES Hon. L. Craig Cannonier: Thank you, Mr. Speaker. For clarity then, is there a difference between —because you mentioned the hospital. Now, obviously the hospital is seeking out PPE, and Go vernment is seeking PPE as well, I am sure to ensure that its central services, Customs …
Continue on.
SUPPLEMENTARIES
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. For clarity then, is there a difference between —because you mentioned the hospital. Now, obviously the hospital is seeking out PPE, and Go vernment is seeking PPE as well, I am sure to ensure that its central services, Customs and the police and the likes, and fire . . . So you are saying that the team that is at the hospital is also handling the procurement for Government as well, and its needs? Is that what you are saying?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: With the teams, the teams work together. So the Bermuda Hospitals Board clearly has sources and trusted sources which they have used over the years. And so it is not that BHB is buying something and the Government is buying something; they are all basically …
Premier. Hon. E. David Burt: With the teams, the teams work together. So the Bermuda Hospitals Board clearly has sources and trusted sources which they have used over the years. And so it is not that BHB is buying something and the Government is buying something; they are all basically together. And we deal with the accounting issue later about what belongs to BHB and what belongs to the Government afterwards. But ins ofar as procurement, we are not doing a separate buy for the hospital, and we are not doing a separate buy for Government and government services. They are all part of one order to get the best possible price for these very bulk orders. And it is difficult ordering in small quantities, so it would not make sense. So as I said, when we are talking about these very large [procurements], we ar e talking about hu ndreds of thousands of masks that are coming in at once. We have been able to get these things in, using a lot of suppliers and also local logistics companies. One thing that the Minister of Health has also informed me is that in addition to buying these things from overseas, we have also done local procurement of smaller issues, whether it is such from the local companies who may have masks and other things which may be in stock here locally.
The SpeakerThe SpeakerOpposition Leader, would you li ke to put your second supplementary? Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. And thank you, Premier. Now that we are testing at a higher level, I am making the assumption that we are looking long- term because we know that the future …
Opposition Leader, would you li ke to put your second supplementary?
Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. And thank you, Premier. Now that we are testing at a higher level, I am making the assumption that we are looking long- term because we know that the future and today are setting out a new norm on how we walk about publicly, how our establishments, private and public sector, mete out their businesses. With all of that in mind, are we then forecasting what we are going to need for the future? And I think part of that question also is . . . and I just wanted to ensure that there was a member whom I put forward and that member has not been called at all to be on that team.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I just want to clarify the question I am answering. Hon. L. Craig Cannonier: Yes. Forecasting. I was trying to understand about the forecasting. So, obviously there is a new norm for Berm uda. And we are trying to satisfy the immediate need of increased …
Premier.
Hon. E. David Burt: I just want to clarify the question I am answering.
Hon. L. Craig Cannonier: Yes. Forecasting. I was trying to understand about the forecasting. So, obviously there is a new norm for Berm uda. And we are trying to satisfy the immediate need of increased testing for PPE. How are we looking at the future? And i s the team establishing a protocol and volumes that we will need in the future, knowing that it is highly likely that we are going to see more and more of this type of incident happen?
Hon. E. David Burt: Oh, absolutely. Thank you, Mr. Speaker. I mean, th at is a great question, Leader of the Opposition. And from the perspective of where we are right now, it was getting the stuff that we needed right now. Now we have many months’ supply, and now it is a question of planning for more. And so, especially when it comes to the private sector, [businesses] beBermuda House of Assembly ing open, the actual PPE, which is [used up] via tes ting. So because we have ramped up on our testing regime, it actually means that a lot more PPE is being used than was being used before, because PPE [includes] gloves. PPE includes all of those particular aspects. So there is more that is being consumed. Those things are being planned out so we can then go ahead and procure more so we have . . . Regarding testing, which the Opposition Leader touched on, t he Government has sent communications both to the Bermuda Employers Council and to the Chamber of Commerce reminding them that they can reach out to their employers and me mber companies to go ahead and book testing to make sure that persons will be tested. And I think that we have enough test supplies on Island right now currently to do 55,000 tests. Also, there is a significant amount of testing supplies which are on Island. We are not short on testing supplies in any way, shape or form. And so we are going to continue to, as I said, go through this process. And I believe that the testing protocols will be finalised by the Chief Medical Officer, and I am hoping that we can release to the public our entire testing strategy either next Monday or next Wednesday at the Government’s press conference.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, that brings you to the end of your questions. The next Member who has a question for you, Premier, is the Member from St. George’s, Honour able Member Swan. Would you like to put your question?
The SpeakerThe SpeakerGood morning. QUESTION 1: EMERGENCY EMPLOYMENT INSURANCE
Mr. Hubert (Kim) E. SwanThe question for the Ho nourable Premier regarding emergency assistance: Premier, what changes have been made to the initial criteria to enable more struggling Bermudians to bene fit from the emergency employment insurance safety net? Hon. E. David Burt: I thank the Honourable Member for his question. Certai nly, this …
The question for the Ho nourable Premier regarding emergency assistance: Premier, what changes have been made to the initial criteria to enable more struggling Bermudians to bene fit from the emergency employment insurance safety net? Hon. E. David Burt: I thank the Honourable Member for his question. Certai nly, this is a project that we wanted . . that was important. And as the Minister of Finance has communicated in his Ministerial Statement, it was important that we got it up, and it was an emergency. So at the very first instance, it was dealt with those persons who were left unemployed. And as a result of the Government changes, what was realised, of course, with the extent of the closure, was that there were more persons who found themselves in hard times who may not . . . who may have been small busines ses, who may have been in the informal economy, who may not have been registered with the O ffice of the Tax Commissioner. And in order to be eligible for this assistance you have to either prove that you work for an employer that was registered with the Office of the Tax Commissioner or, if you were self - employed, had registered with the Office of the Tax Commissioner. The fact is that there were some persons in the informal economy who were not. So they may have been hustling. They may have been just doin g things on their own. There may have been things like personal trainers working in gyms and those type of issues. And they did not have access to any form of assistance. What we felt is that this would have been a good opportunity to, number one, get pers ons compliant and registered with the Office of the Tax Com-missioner, while also being able to provide [these people] a benefit. It is important to note that the government benefit did not require for small businesses to have no debt with the Office of the Tax Commissioner; but they needed to be in good standing. That means a pa yment plan, et cetera. So now these persons who have registered with the Office of the Tax Commissioner who may have been inside of the informal economy have now been told to regist er. Once they have regi stered with the Office of the Tax Commissioner, regularised their details so they can pay payroll tax going forward, they are eligible for a benefit of $300 a week. Additionally, there were some changes that were made in being flexi ble with certain employers. So there were some larger hotel employers who may have wanted to keep some of their employees on staff or keep paying some of their benefits, work with the government and not lay them off entirely. So, for i nstance, if an employ er wanted to pay a certain portion of a person’s salary and give the other parts to the government to pay, the government would have saved money overall versus if that employer would have just laid the persons off. The government may have been paying $1 mi llion; in this particular case, the gover nment may just pay $500,000 while [the employees were] working. So there were adjustments that were made. Part of the regulations and amendments that were tabled by the Minister of Finance speak to those modificatio ns and changes, which are important to make sure we are flexible in getting the relief to those persons who need it.
The SpeakerThe SpeakerThank you, Premier. Honourable Member, would you like to do a supplementary? 3930 8 May 2020 Official Hansard Report Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: That was a very compr ehensive answer, Mr. Speaker, and covered my supplementary.
The SpeakerThe SpeakerOkay. The next Member who has a question for you is the Honourable Member Cole Simons. Honourable Member, would you like to put your question to the Premier? [No audible response]
The SpeakerThe SpeakerHonourable Member Simons? Honourable Member. I will move on to the next person. The next Member on the list is MP Lister. MP, would you like to put your question? [No audible response, and l aughter]
The SpeakerThe SpeakerI am moving on. The nex t name on the list would be that of MP Smith. MP Ben Smith, would you like to put your question?
Mr. Ben SmithYes. Good morning, Mr. Speaker. Good morning, colleagues.
The SpeakerThe SpeakerGo right ahead and put your question now. QUESTION 1: COVID -19 TESTIN G—PROTOCOLS AFTER POSITIVE TEST RESULTS
Mr. Ben SmithMr. Speaker, as it has been confirmed that a member of the Bermuda Fire Service was tested positive for COVID -19, that member and their family was quarantined and the station that they worked at was s anitised, can the Honourable Premier please tell this Honourable House what the protocols …
Mr. Speaker, as it has been confirmed that a member of the Bermuda Fire Service was tested positive for COVID -19, that member and their family was quarantined and the station that they worked at was s anitised, can the Honourable Premier please tell this Honourable House what the protocols are for testing, tracing and quarantining in light of this positive test?
The SpeakerThe SpeakerThank you. Premier. Hon. E. David Burt: Mr. Speaker, I am not sure of the exact protocols of which are followed. I am happy to make sure that this issue is reverted back to the Shadow Minister of National Security —the Minister of National Security and the Minister of Health. …
Thank you. Premier. Hon. E. David Burt: Mr. Speaker, I am not sure of the exact protocols of which are followed. I am happy to make sure that this issue is reverted back to the Shadow Minister of National Security —the Minister of National Security and the Minister of Health. I think I gave a broad overview in an earlier question for the Opposition Leader, so I do not want to try to take up too much time trying to guess the a nswer. I would say that there are public health prot ocols which are followed, which are things that were identified. The stations were cleaned. Persons who were in close contact may have been quarantined, and their family . . . the family may have been isolat-ed. And anyone who is tested after that will be isola ted. But those persons who were not positive would still be on quarantine. So I think that is the best answer I can give. But I am happy to ask the Minister of Health and the Minister of National Security to revert back to the Honourable Member with these answers.
The SpeakerThe SpeakerHonourable Members, and Premier, thank you for that. Members, looking at our c lock, we started the Premier’s Questions at 11:19 for 30 minutes. It is now 11:49, which brings us to a close of Premier’s Questions. And we will now move on to the normal Question P eriod, which …
Honourable Members, and Premier, thank you for that. Members, looking at our c lock, we started the Premier’s Questions at 11:19 for 30 minutes. It is now 11:49, which brings us to a close of Premier’s Questions. And we will now move on to the normal Question P eriod, which is for an hour, starting now, starting at 11:50.
QUESTION P ERIOD
The SpeakerThe SpeakerThe questions this morning in reference to the Statements . . . Premier, the first questions this morning are to you from the Opposition Leader. Opposition Leader, would you like to put your question now to the Premier in reference to his Statement this morning? [Pause]
The SpeakerThe SpeakerGood morning. Opposition Leader? Hon. L. Craig Cannonier: Yes. Sorry.
The SpeakerThe SpeakerWould you like to put your question to the Premier this morning in regard to his Statement? Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Just as a point of clarification, unfortunately, Cole’s [MP Cole Simons] microphone was blocked. And he was not able to release it. So I …
Would you like to put your question to the Premier this morning in regard to his Statement?
Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Just as a point of clarification, unfortunately, Cole’s [MP Cole Simons] microphone was blocked. And he was not able to release it. So I am just giving you a heads -up if we can check on that. I know we are going to have some co mplications as we go forward.
The SpeakerThe SpeakerAll right. QUESTION 1: EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020 Hon. L. Craig Cannonier: Yes. So moving on . . . on page 4, the Premier mentions about seeking out the support of publ ic health and their providing advice. And I assume he is talking about the …
Hon. L. Craig Cannonier: Yes. So moving on . . . on page 4, the Premier mentions about seeking out the support of publ ic health and their providing advice. And I assume he is talking about the Health Department. The question I have for him then is, What ot her organisations in the private health sector has the
Bermuda House of Assembly Premier and his Cabinet sought advice from to help them develop and support their decision- making?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. In regard to other persons in the private sector, I cannot speak to that. I am certain that the Mini stry of Health and the Chief Medical Officer may seek advice. I know that the Chief Medical Officer has a public …
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. In regard to other persons in the private sector, I cannot speak to that. I am certain that the Mini stry of Health and the Chief Medical Officer may seek advice. I know that the Chief Medical Officer has a public health emergency response team, which i ncludes some members of the private sector as a part of that. And I am sure that in her ongoing communic ation with physicians and her meetings that she has with physicians they certainly give and would provide feedback which will be fed through to the Minister of Health. But from a Cabinet’s perspective and consi deration, we take . . . in our decision- making, we take advice from the . . . I would say we t ake advice from the Minister of Health, who gets her advice from her Ministry. So we also have a Public Health Advisory Panel, which advises me directly. But those are all made up of persons who are public officers and also who work for the Bermuda Hospita ls Board, with the exception of the Government’s advisor, Dr. Carika Weldon, who also sits on that particular body.
The SpeakerThe SpeakerThank you, Premier. Opposition Leader, would you like a suppl ementary? Hon. L. Craig Cannonier: No. Thank you. That is okay.
The SpeakerThe SpeakerNo further question? No? [No audible response]
The SpeakerThe SpeakerOkay. The next Member who has a question for you on the Statement this morning is Honourable Member Dunkley. Honourable Member, would you like to put your question? Hon. Michael H. Dunkley: Yes, Mr. Speaker. No, my question was during the Premier’s Questions period, not for the Statement.
The SpeakerThe SpeakerOh, okay. Thank you. Hon. Michael H. Dunkley: But I do have questions for the Deputy Premier and the Finance Minister. The Sp eaker: Yes. I do see you are listed here. Okay. The next person who has a question for the Premier is MP Pearman. Would you like to …
Oh, okay. Thank you. Hon. Michael H. Dunkley: But I do have questions for the Deputy Premier and the Finance Minister.
The Sp eaker: Yes. I do see you are listed here. Okay. The next person who has a question for the Premier is MP Pearman. Would you like to put your question? QUESTION 1: EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020
Mr. Scott PearmanThank you, Mr. Speaker. Honourable Premier, in your Statement this morning you, respectfully, seemed to try to have it both ways about whether or not the Government is obliged to table regulations in the House of Assembly. You said you were not obliged, but you would do so anyway. I …
Thank you, Mr. Speaker. Honourable Premier, in your Statement this morning you, respectfully, seemed to try to have it both ways about whether or not the Government is obliged to table regulations in the House of Assembly. You said you were not obliged, but you would do so anyway. I am not going to get into the law. But would you agree that regulations issued by the Government must be tabled in the House of Assembly for parli amentary scrutiny?
Hon. E. David Burt: Here is what I will say. And I will certain ly agree with the Honourable Member’s question that regulations made by Government must be tabled in the House of Assembly. And that is clear under the Statutory Instruments Act [concerning] any type of regulation which is made and issued here. And I will concede without question that this is certainly an arguable point. And they say if you inquire of any number of lawyers in the room you will get any number of different [answers], thoughts or opinions. But I am going to act on the basis of the advice of wh ich I am given, and I gave the outline for the advice of which I [was] given. So the fact is that when the Statutory Instr uments Act was introduced there were 30 pages of consequential amendments which were made by that particular Act. And it was noted th at other provisions similar to section 6 of the Emergency Powers Act, which of course preceded existing Constitution work, reverted to a negative resolution procedure, which provided both parliamentary scrutiny and publication. It was not done for this par ticular Act for whatever reason. And the fact is that this Act itself is not . . . as is stated, it is not subject to parliamentary scrutiny. There is a process which is laid out in the Emergency Powers Act, though, regarding the regul ations being tabled. But the question as to whether or not they are subject to parliamentary scrutiny is an outstanding and arguable question. What I would say, however, Mr. Speaker, is that we are going to make the amendments and the changes which were done so there could b e no further . . . But I will accept with the Honourable Member that it certainly has arguable points. And though I am not a lawyer, I am certain that lawyers will find a way of rounding issues to basically have it to it. But I mean, it is a difficult sub ject. But I will say this, that regulations which are issued by the Government —not the Governor, the Government —under things of law are all applicable to the Statutory Instruments Act and are all required to be tabled for parliamentary scrutiny. Going for ward, anything which is issued under the Emergency Powers Act after the amendments of which the House and the Senate will be invited to de3932 8 May 2020 Official Hansard Report
Bermuda House of Assembly bate, will then be subject to that exact procedure so there is no ambiguity whatsoever.
The SpeakerThe SpeakerThank you, Premi er. Would you like a supplementary?
Mr. Scott PearmanHonourable Premier, I am grat eful for the clarification that all Government regulations will now be tabled in the House as they should have been. In terms of your answer on the Emergency Powers Act, section 6 clearly states that regulations issued under emergency powers must be laid before the …
Honourable Premier, I am grat eful for the clarification that all Government regulations will now be tabled in the House as they should have been. In terms of your answer on the Emergency Powers Act, section 6 clearly states that regulations issued under emergency powers must be laid before the Legislature. There is no doubt or scope for argument. And would you agree that i t is proper to have open democracy and lay emergency power regul ations before Parliament for parliamentary scrutiny?
Hon. E. David Burt: I would absolutely agree that this is the case. And that is the reason why not only with things being laid, but we are amending the law to make sure there is no ambiguity. However, in the i nstance to which you said, that in section 6 of the Emergency Powers Act, as I have stated, I had acted on the basis of the advice received, it is without question an arguable point. So it is either way. I am not going to get into a debate; it is something that could be argued either way. You say Emergency Powers Act 1963; inside of my Statement it says the Statutory Powers Act may supersede it. There is ambiguity i nside of there. We hav e, as I said, gone past that. We are basically saying the Governor has inserted provisions inside of these new regulations that the House of Assembly will have to give a message to see if they want that extended. The Governor has put that provision inside of there. We are now making sure that we are going to amend the actual Statutory Instruments Act and the Emergency Powers Act so there is no ambiguity going forward. So I will say that it is an arguable point. But the advice of which I was given, which is the basis on which I must act, on the basis of legal advice of which I am given is that.
The SpeakerThe SpeakerBefore I ask the Member would he like to put his next question or supplementary, let me just intercede here as Speaker, and indicate that when the Parliament was called to sit under those emergency measures it was indicated then in Government that at a regular sitting, the first regular …
Before I ask the Member would he like to put his next question or supplementary, let me just intercede here as Speaker, and indicate that when the Parliament was called to sit under those emergency measures it was indicated then in Government that at a regular sitting, the first regular sitting, we would ex-pect all of the regulations to be done. Now, we sat under the emergency situation so that they could be gazetted, which was required at the time so that they can get enacted. They had to be gazetted. So the emergency sittings are how those pr ocesses took place. And it was then indicated, or indicated in the process, that I expected whenever we had our first regular sitting of business, that the regulations would be tabled before Parliament, which I had expressed privately when questioned and asked by the Oppos ition Leader. So I just wanted to make that clear that nothing untoward was done in that regard in the opi nion of the Speaker. And the Speaker understood the process, and the process was shared with both sides. Mr. Pearman, would you like to put a suppl ementary?
The SpeakerThe SpeakerSecond supplementary or new question?
Mr. Scott PearmanNo, no. Just a supplementary, a final supplementary. Honourable Premier, I am grateful. What I have understood you to say is that on an ongoing for-ward basis, regulations will now be tabled in Parli ament for democratic scrut iny? Hon. E. David Burt: And in response to that, Mr. Speaker, …
No, no. Just a supplementary, a final supplementary. Honourable Premier, I am grateful. What I have understood you to say is that on an ongoing for-ward basis, regulations will now be tabled in Parli ament for democratic scrut iny?
Hon. E. David Burt: And in response to that, Mr. Speaker, if I may, regulations that are subject to the Statutory Instruments Act, which is any regulation made by the Government, is always tabled and is a lways structured and always subject to parliam entary scrutiny. There is a difference between regulations made by the Government and regulations made by the Governor. The regulations made by the Governor are arguable as to whether or not they were subject to parliamentary scrutiny, as I have indicated that there are lawyers who can argue both sides of the particular issue. I acted on the basis of the advice of which I r eceived, which is the only way that the Premier can act when it comes to legal matters and these particular issues. And we are amending the rules to make sure that any regulations which are issued under emergen-cy powers will be subject to parliamentary scrutiny. So I just want to make that incredibly clear. There has never been an issue as to whether or not instances by the Government ar e subject to parliamentary scrutiny. There are issues of things where done by the Governor, this particular issue. And I just want to make sure that we are separating the two particular instances. And in any particular case and instance where are the numerous negative resolution things which are done, if there is something which may have been missed, I am happy for the Honourable Member to inform us, and I am happy to ask for the Public Ser-vice [Commission] to go ahead and look to make sure
Bermuda House of Assembly that all negati ve resolution things have necessarily been tabled in the House.
The SpeakerThe SpeakerThank you, Premier. Mr. Pearman, you indicate you have no more questions?
The SpeakerThe SpeakerThat brings us to a close of the questions, or Members who have indicated they had questions for the Premier. The next Statement this morning that Members have indicated they have questions on is that of the Deputy Premier. [Inaudible interjections ] Hon. Trevor G. Moniz: Mr. Speaker, Mr. Speaker. …
That brings us to a close of the questions, or Members who have indicated they had questions for the Premier. The next Statement this morning that Members have indicated they have questions on is that of the Deputy Premier.
[Inaudible interjections ]
Hon. Trevor G. Moniz: Mr. Speaker, Mr. Speaker.
The S peaker: Yes.
Hon. Trevor G. Moniz: It is MP Trevor Moniz. I ind icated I had a question on a point of order on the Premier’s Statement.
The SpeakerThe SpeakerOkay. I thought the question was under the Premier’s Questions period. Hon. Trevor G. Moniz: No, no, no, no, on his Stat ement. On his Statement.
The SpeakerThe SpeakerI am just going back up here. Yes, you did indicate it. I took it as being part of the Question Period because your name was on the original list with the Premier’s Questions, too. But you are reconfirming what the Whip had said. Okay. Hon. Trevor G. Moniz: Yes. …
The SpeakerThe SpeakerOkay. Put your question. Hon. Trevor G. Moniz: Well, Mr. Speaker, I prefer to take it as a point of order. I could not take it as a point of order at the time because we did not have copies of the Statements to refer to. Now I have them; …
Okay. Put your question. Hon. Trevor G. Moniz: Well, Mr. Speaker, I prefer to take it as a point of order. I could not take it as a point of order at the time because we did not have copies of the Statements to refer to. Now I have them; they have been put on the website.
POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: So my point of order is that the Premier was misleading the House in his Stat ement.
The SpeakerThe SpeakerWait . . . Okay. Go ahead. Go ahead. Go ahead. Hon. Trevor G. Moniz: Some of what I am going to say, Mr. Speaker, will be repeating some of what the Shadow Attorney General, MP Pearman, was saying. The paragraph at the bottom of page 1 and the parts …
Wait . . . Okay. Go ahead. Go ahead. Go ahead. Hon. Trevor G. Moniz: Some of what I am going to say, Mr. Speaker, will be repeating some of what the Shadow Attorney General, MP Pearman, was saying. The paragraph at the bottom of page 1 and the parts on page 2, which refer precisely to this issue of tabling . . . I believe that he was misleading the House in his Statement. The situation . . . Mr. Speaker, you are aware of my concern because I had written you an email on the 18 th of April, which you responded to on the 21st of April. And part of it was precisely on this subject of the necessity to table regulations.
The SpeakerThe SpeakerNow, Mr. Moniz. Just as I interjected just now, I indicated to your questioning, your query and the Opposition Leader’s query. At the re gular si tting, the first regular sitting, the Government will be tabling the regulations, which is what today is. Hon. Trevor G. Moniz: Right. But my …
Now, Mr. Moniz. Just as I interjected just now, I indicated to your questioning, your query and the Opposition Leader’s query. At the re gular si tting, the first regular sitting, the Government will be tabling the regulations, which is what today is.
Hon. Trevor G. Moniz: Right. But my concern is this, Mr. Speaker. Whether it is the Statutory Instruments Act of 1977, or whether it is the E mergency Powers Act of 1963, there is a requirement to table as soon as reasonably practicable, which is as soon as possible. The difficulty here—and we have it here with these regulations —is that you may have regulations, these are emergency regulations w hich are suspending i ndividuals’ rights under the Constitution of freedom of movement, et cetera. And so you may have a regul ation which comes into force which is only going to be enforced for maybe two weeks. And that is why it says in the provision, in my submission, that it has to be raised as soon as pract icable, because if it is the next regular sitting of the House, the regulations may have gone by that time. So there would be no point to wait for a regular sitting. And to my mind, this is no more a regular sitting than our two previous sittings. We are still meeting virtually. We are not meeting as we should be meeting. You know, they need to be raised as soon as possible. And we make this for future reference. We do not want to flog the Premier too much for his mistake. But we just want to say, when you have these sort of emergency regulations, they should be raised as soon as possible, and that it was necessary to do so under either Act. It is pellucidly clear. Thank you, Mr. Speaker.
The SpeakerThe SpeakerBefore the Premier’s response, let me just clarify one point. This is a regular sitting. Today we are scheduled. When we closed the House at the recess in March [it was stated] that we would sit again on the 8 th of May. This is that scheduled meeting. W e …
Before the Premier’s response, let me just clarify one point. This is a regular sitting. Today we are scheduled. When we closed the House at the recess in March [it was stated] that we would sit again on the 8 th of May. This is that scheduled meeting. W e may be using a different forum in which we are meeting. But it is the regular sitting day of business that was scheduled at that time to sit on. The other two meetings that took place in the meantime were not scheduled, reg ular meetings. 3934 8 May 2020 Official Hansard Report
Bermuda House of Assembly Continue, Premi er. You can answer your question.
Hon. E. David Burt: Mr. Speaker, just in defence of your staff, I would just like to point out that I have been made aware that the Statements were on the website before they were read. So that is in defence of your very hardworking staff that has had to adjust to this virtual sitting very quickly. On the second issue, Mr. Speaker, I have no intention of beating this dead horse any further. There will be disagreements between the former Attorney General and myself on a multitude of particular i ssues. As I have stated, I acted on the basis of the a dvice of which I had received, the fact is it will be clear and unambiguous going forward that these items will be tabled. But I want to make sure that it is also clear for every one who is listening and also for Honourable Members that the last time at which the House did meet, the House did move and vote by affirmative resolution as did the Senate to extend emergency powers making the state of emergency in the country until the e nd of June. We have to be flexible. These items will change. But we are going to go over the take note motion this evening; there are going to be additional changes of which have come to us which will be di scussed as well. And I am going to be happy to take the feedback of Honourable Members. But the fact is that we have to recognise that we do have a Cabinet - style Government. And just because the House of A ssembly is not sitting does not mean that the Cabinet cannot go ahead, and in consultation in this particular case with Members of the Opposition make changes to the regulations which exist. We have tried our best to act in a bipartisan fashion. In this particular case and instance, this was something the Opposition Leader and I did discuss last week. W e are going to move forward in a period of bipartisanship. And as challenging as it may be for some of us to adjust to this, I believe that it is working quite well. So we will make the changes. And I would hope that we will move past this particular situation. I acted on the basis of the advice which I received, and it is arguable there are persons who look at it and say it can go either way. We are going to make it clear and unambiguous. But, so we are clear also, Mr. Speaker, if there was no requirement in law . . . and this is clear, there was no requirement in law for the Emergency Powers Regulations to be published and/or gazetted. And we made sure that we published and gazetted them. They were not something that was done in s ecret. They were somethin g that was posted for every single person in the country to know.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Scott PearmanPoint of order, Mr. Speaker. The Honourable Premier is mislead ing the House. The debate is not about whether or not there was a legal obligation to gazette them. The debate we are having this morning is about whether there was a legal obligation flowing from the Constitution to table …
Point of order, Mr. Speaker. The Honourable Premier is mislead ing the House. The debate is not about whether or not there was a legal obligation to gazette them. The debate we are having this morning is about whether there was a legal obligation flowing from the Constitution to table them in the House of Parliament. And that is the matter about which the Premier is being criticised.
Hon. E. David Burt: Mr. Speaker, if I may, I did not realise we were having debates. I thought we were answering questions. And I provided the answer to the question. The answer to the question is very particularly clear at this particular instance. So while the Shadow Attorney General and the former Shadow Attorney General may wish to debate, I am not going to debate the matter. We laid out the Statement, and we are going to amend the l aw so we do not have to debate this in the future.
The SpeakerThe SpeakerThank you, Premier. We will move on to the next question. Now, Mr. Moniz, were you completed with your questions? Hon. Trevor G. Moniz: Yes. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. The next Statement that Members would like to put questions to is the Statement from the Deputy Premier. Deputy Premier, you have a question from MP Dunkley. MP Dunkley, would you like to put your question? QUESTION 1: 6 MEGAWATT SOLAR FARM PROGRESS Hon. Michael H. Dunkley: Thank …
Thank you. The next Statement that Members would like to put questions to is the Statement from the Deputy Premier. Deputy Premier, you have a question from MP Dunkley. MP Dunkley, would you like to put your question?
QUESTION 1: 6 MEGAWATT SOLAR FARM PROGRESS
Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good afternoon to colleagues and the listening audience. In the Statement by the Honourable Deputy Premier in regard to the solar farm and progress, at the end of the Statement the Deputy Premier says, on the 6 th page (and I quote), “What this means is that all ratepayers will benefit from this power.” It goes on to say, “The solar farm will lower our energy costs and also improve our environment.” The question to the Honourable Member: How much lower will energy costs be, and when will that benefit be felt by consumers?
Bermuda House of Assembly The Speaker: Deputy Premier.
Hon. Walter H. Roban: Yes, Mr. Speaker. In answer to the Honourable Member’s question, the exact pr ecise amount is not determined as yet. That power will flow as a result of a power purchase arrangement that will be provided to Ascendant, BELCO. And they will use it as power to supplement the peak load. How much that exact amount is, as I said in my Statement, is not quite clear yet. It will be determined once that process resumes, or once that pr ocess starts. And then we will be able to evaluate what the savings will be. But it will be a very small, incr emental impact on a number of households as a result of [the fact that the] power which will come from t he solar array will allow for BELCO to not have to [turn] on its very costly diesel engines which, when fuel is burned in those engines, it does have a real impact on the cost of bills.
Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary or new question? Su pplementary? SUPPLEMENTARY Hon. Michael H. Dunkley: Supplementary. Yes, sir. Thank you, Mr. Speaker. Yes. I appreciate the attempt at providing the answer. But, Mr. Speaker, it is quite clear that when any solar panels are put up, there is an ability to est imate the …
Supplementary or new question? Su pplementary?
SUPPLEMENTARY
Hon. Michael H. Dunkley: Supplementary. Yes, sir. Thank you, Mr. Speaker. Yes. I appreciate the attempt at providing the answer. But, Mr. Speaker, it is quite clear that when any solar panels are put up, there is an ability to est imate the power generated and the cost savings. I did it myself a couple of years ago when I had solar panels installed on my house. So could the Honourable Deputy Premier please provide an estimate then of the savings th at will be passed on to the consumer?
The SpeakerThe SpeakerMinister. Hon. Walter H. Roban: I think the Honourable Member is comparing [his home to] a utility -scale array, which has yet to actually be turned on. And as I said in the Statement, a lot of this will depend on the amount of hours of sunlight and how much …
Minister.
Hon. Walter H. Roban: I think the Honourable Member is comparing [his home to] a utility -scale array, which has yet to actually be turned on. And as I said in the Statement, a lot of this will depend on the amount of hours of sunlight and how much power is actually stored and then used. Since that has not started yet, I cannot give an estimate in the way that he is asking the question. And his original question was the estimate of savings. But I do not think you can compare a utility - scale operation to a household operation in this actual instance. [Nevertheless] I will work to get an answer for the Honourable Member and the House as I discuss the matter with BELCO and with the persons operat-ing the utility . . . So I will endeavour to get an est imate to him and the House at the earliest opportunity.
The SpeakerThe SpeakerThank you, Deputy. And Member, do you have a further question? [Inaudible interjection]
Ms. Susan E. JacksonMr. Speaker. The S peaker: Yes. Supplementary? Madam Oppos ition Whip, you have a supplementary? Hon. Patricia J. Gordon -Pamplin: Yes. If Member Dunkley . . . this is Pat Gordon- Pamplin.
The SpeakerThe SpeakerOkay. Yes. Hon. Patricia J. Gordon -Pamplin: Supplementary question on the Minister’s response.
Ms. Susan E. JacksonMr. Speaker, so my question is to the Government’s Communications Statement this morning. I am just wondering what security criteria has been put in place to protect the social media channels from fraud and any other kinds of attacks or threats through our communications. So that we can make sure …
Mr. Speaker, so my question is to the Government’s Communications Statement this morning. I am just wondering what security criteria has been put in place to protect the social media channels from fraud and any other kinds of attacks or threats through our communications. So that we can make sure that our communication is genuinely coming from Government and is not fraudulent or copycat messaging. [Pause]
An Hon. Member An Hon. MemberHello? [Inaudible interjections]
The SpeakerThe SpeakerCan you restate your question for me?
Ms. Susan E. JacksonYes. This is regarding the Communications Ministerial Statement. I am just cur ious—
The SpeakerThe SpeakerOh, no, no. You jumped ahead. You have jumped ahead. We are still on the Deputy Premier’s solar Statement.
Ms. Susan E. JacksonNo, I did not have a question on that one. Mine is on communications —
The SpeakerThe SpeakerNo, no. You did not come here . . . I thought you were seeking a supplementary on the solar Statement. 3936 8 May 2020 Official Hansard Report Bermuda House of Assembly Ms. Susan E. Jackson: No.
The SpeakerThe SpeakerWe are still on that Statement. MP Dunkley had a question. He had his question; he had his supplementary. I was asking him, Do you have a second supplementary, MP Dunkley, or are we going to move on from that Statement? Hon. Michael H. Dunkley: I have a further question, …
The SpeakerThe SpeakerFurther question. Okay. Hon. Michael H. Dunkley: I understand my colleague might have a question, a supplementary on my first question, the Honourable Member Pat GordonPamplin.
The SpeakerThe SpeakerOkay. Hon. Michael H. Dunkley: And I will move it back to her and then come back.
The SpeakerThe SpeakerOkay. Sure. MP Gord on-Pamplin, do you have a suppl ementary on that solar Statement? Hon. Patricia J. Gordon -Pamplin: I do, Mr. Speaker. Thank you very much.
The SpeakerThe SpeakerOkay. We will take your supplementary now. SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Thank you. My supplementary: The Deputy Premier spoke in terms of the relationship and the passing forward of the additional energy to the grid. And he specified Ascendant. And my question is, is that any indication that …
Okay. We will take your supplementary now.
SUPPLEMENTARIES
Hon. Patricia J. Gordon -Pamplin: Thank you. My supplementary: The Deputy Premier spoke in terms of the relationship and the passing forward of the additional energy to the grid. And he specified Ascendant. And my question is, is that any indication that there is not likely to be any movement to their proposed sale? Or are we just saying Ascendant or anybody else who stands in that stead?
The SpeakerThe SpeakerDeputy. Hon. Walter H. Roban: Nothing in my Statement pertains to the sale or the proposed sale of that company. Ascendant is the principal holding company for BELCO; so they are the same. And right now it is a locally owned company. And the arrangement b etween the provider of …
Deputy.
Hon. Walter H. Roban: Nothing in my Statement pertains to the sale or the proposed sale of that company. Ascendant is the principal holding company for BELCO; so they are the same. And right now it is a locally owned company. And the arrangement b etween the provider of the power at the array and the utility, this will not change at this juncture at all. And whatever changes happen will be a matter for the Regulatory Authority, not for the Gover nment. Hon. Patricia J. Gordon -Pamplin: Okay. I just — maybe if I —
The SpeakerThe SpeakerWould you like to put a second supplementary to it? Hon. Patricia J. Gordon -Pamplin: Yes, maybe a second supplementary.
The SpeakerThe SpeakerYes. Hon. Patricia J. Gordon -Pamplin: Then I can clarify.
The SpeakerThe SpeakerPut your second supplementary. Hon. Patricia J. Gordon -Pamplin: And the second supplementary is that, given that Ascendant is the present structure and the Minister indi cated that the flow of energy would come from the solar farm to A scendant, which he said by name, my question that I …
Put your second supplementary.
Hon. Patricia J. Gordon -Pamplin: And the second supplementary is that, given that Ascendant is the present structure and the Minister indi cated that the flow of energy would come from the solar farm to A scendant, which he said by name, my question that I was attempting to get at is, Does the Deputy Premier mean that it would be the Ascendant or any other company which stands in that stead in the event of a sale? I mean, he did not mention sale in his Stat ement. But I am just trying to find out. He specified A scendant. And I am just getting questions from people indicating, when he is saying Ascendant, what does Ascendant mean? Does that mean that there is no movement? So that was the reason I was trying to get clarity, if the Deputy Premier could say that he is speaking of whoever stands in the stead of that company as we know it.
Hon. Walter H. Roban: Yes.
Hon. Patricia J. Gordon -Pamplin: That satisfies me.
The SpeakerThe SpeakerOkay. MP Dunkley, would you like to put your second question? QUESTION 2: 6 MEGAWATT SOLAR FARM PROGRESS Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. And I appreciate the commitment by the Deputy Premier to get back on the previous question. Second question then: Can the Honourable Deputy …
Okay. MP Dunkley, would you like to put your second question?
QUESTION 2: 6 MEGAWATT SOLAR FARM PROGRESS
Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. And I appreciate the commitment by the Deputy Premier to get back on the previous question. Second question then: Can the Honourable Deputy Premier please provide the latest cost est imate for the entire project to Government or to any government quango?
The SpeakerThe SpeakerDeputy. Hon. Walter H. Roban: Certainly, I can give that i nformation. I do have some information as I have r eceived it on the original question of Mr. Dunkley. And as to a number, it is not particularly high, but about Bermuda House of Assembly four dollars a year …
Deputy.
Hon. Walter H. Roban: Certainly, I can give that i nformation. I do have some information as I have r eceived it on the original question of Mr. Dunkley. And as to a number, it is not particularly high, but about
Bermuda House of Assembly four dollars a year for every ratepayer over the next 20 years is likely to be the s aving that he questioned. But what it does is stabilise a small portion of electricity that will be produced without any storage being a part of that system. So around four dollars a year for every ratepayer for the next 20 years is likely to be the impac t once the solar array begins to pr ovide that electricity to the utility. As it relates to the overall cost of the solar development, it is somewhere between $20 [million] to $23 million dollars, is the full cost of the deployment of the development.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Just a supplementary then. I appreciate it.
The SpeakerThe SpeakerSupplementary, yes. SUPPLEMENTARIES Hon. Michael H. Dunkley: I appreciate the answer on the estimate of four dollars a year for every ratepayer over 20 years. Hon. Walter H. Roban: Over 20 years. Hon. Michael H. Dunkley: Over 20 years. Hon. Walter H. Roban: Yes. Hon. Michael H. Dunkley: I am …
Supplementary, yes.
SUPPLEMENTARIES
Hon. Michael H. Dunkley: I appreciate the answer on the estimate of four dollars a year for every ratepayer over 20 years.
Hon. Walter H. Roban: Over 20 years.
Hon. Michael H. Dunkley: Over 20 years. Hon. Walter H. Roban: Yes.
Hon. Michael H. Dunkley: I am assuming then that the life expectancy of the project is 20 years then?
Hon. Walter H. Roban: Yes. I believe that the contract and existing arrangement is for a design, finance, build, maintain and decommission of that array after a 20-year period, 20 to 25 years. It may be 25 years. But I will confirm the exact date. But it certainly is somewhere between 20 and 25 years is the contrac ted commission arrangement for that array.
Hon. Michael H. Dunkley: Yes. Then a final suppl ementary then, Mr. Speaker.
The SpeakerThe SpeakerYes. You have a supplementary? A second supplementary? Hon. Michael H. Dunkley: My final supplementary on this.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: So based on that the Deputy Premier said four dollars a year for every rat epayer for 20 years, and the total cost of the project is $20 [million] to $23 million, assuming then that there are no ot her costs that will be imposed …
Yes. Hon. Michael H. Dunkley: So based on that the Deputy Premier said four dollars a year for every rat epayer for 20 years, and the total cost of the project is $20 [million] to $23 million, assuming then that there are no ot her costs that will be imposed on the Berm uda Government or the taxpayer going forward. Hon. Walter H. Roban: No. There is not any cost. I mean, this array was totally built and financed by the developer. The only cost the Government would have incurred w as related to the preparations of the site as the Government is the landlord of the land. So the Government would have incurred costs for the preparation of the site as the landlord, like any landlord rel ationship is, if it is your house, you prepare the house so that your tenant can occupy it.
Hon. Michael H. Dunkley: And so, Deputy Premier —
Hon. Walter H. Roban: Excuse me.
Hon. Michael H. Dunkley: So it cannot be the $23 million you provided with a margin for error of $3 mi llion in there. Does that inc lude the site preparation?
Hon. Walter H. Roban: No, it does not. That includes the cost for the developer to deploy the actual array and all the work that they have to do. I can get information precisely on how much the Government might have expended on its prepar ation of the site, as was the commitment within the tenant agreement, the landlord agreement. So I can get that information as well, what the precise number is. But the $20- or-so million was the cost of the inves tment, because that was totally t he investment of the developer.
Hon. Michael H. Dunkley: I thank you, Mr. Speaker. I would appreciate the undertaking by the Deputy Premier to come back with the total cost of the project, with all this being put in there, because we are talking about money. And estimates are good, but I like to see—
The SpeakerThe SpeakerHe has given an undertaking, and we appreciate his undertaking. Hon. Walter H. Roban: Mr. Speaker, I can assure the Honourable Member that, you know, the lion’s share, certainly a high percentag e . . . most of that $20 mi llion estimate figure, that was the cost to the …
He has given an undertaking, and we appreciate his undertaking. Hon. Walter H. Roban: Mr. Speaker, I can assure the Honourable Member that, you know, the lion’s share, certainly a high percentag e . . . most of that $20 mi llion estimate figure, that was the cost to the develo per. The only costs that would have been incurred by the Government would be relating to its obligations as a landlord, which were stipulated in the lease agreement between the Bermuda Government and the actual developer. And we are the landlord for the land, and just to be clear: The Government still owns the land that the array is on. That land was not sold.
The SpeakerThe SpeakerThank you, Mr. Deputy. [Crosstalk] Hon. Michael H. Dunkley: I will wait for the feedback, sir. 3938 8 May 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Yes. Deputy, that was the only question for you. We will now move on to the next Statement. The next Statement …
Thank you, Mr. Deputy. [Crosstalk] Hon. Michael H. Dunkley: I will wait for the feedback, sir.
3938 8 May 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Yes. Deputy, that was the only question for you. We will now move on to the next Statement. The next Statement was from the Minister of Finance. Minister of Finance, your Statement in reference to COVID -19, there are questions for you in regard to that. And the first question would be from the Oppos ition Leader. Honourable Member, would you like to put your question to the Minister? Hon. L. Craig Cannonier: Yes. Can you hear me, Mr. Speaker?
The SpeakerThe SpeakerYes, I can hear you. QUESTION 1: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. L. Craig Cannonier: Okay, great. Thank you, Mr. Speaker. Minister Dickinson, I believe on page 4 you mentioned about small and medium -sized enterprises, businesses, and you referenced about the grants and the loans. And …
Yes, I can hear you.
QUESTION 1: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. L. Craig Cannonier: Okay, great. Thank you, Mr. Speaker. Minister Dickinson, I believe on page 4 you mentioned about small and medium -sized enterprises, businesses, and you referenced about the grants and the loans. And I must say I have heard some feedback from those who have applied, in the positive. One of the concerns that was brought forward was understanding the timeframe in which the appl ication is made, accepted, that a grant and/or loan or both are given. Is there a realistic timeframe that the public has been given that they can expect to receive those funds within their bank account? Are you aware of a timeframe so that people can realistically have an ex pectation?
The SpeakerThe SpeakerThank you. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I want to thank the Opposition Leader for that question. Opposition Leader, the Ministry of Finance is responsible for the funding provided to the BEDC [Bermuda Economi c Development Corporation]. The administration and operation of the grants and loans is within …
Thank you. Minister.
Hon. Curtis L. Dickinson: Mr. Speaker, I want to thank the Opposition Leader for that question. Opposition Leader, the Ministry of Finance is responsible for the funding provided to the BEDC [Bermuda Economi c Development Corporation]. The administration and operation of the grants and loans is within the remit of the BEDC. I can undertake to reach out to the BEDC or have my team do that and get an answer for you on the timeframe with respect to the granting of appro vals and the subsequent disbursement of grant or loan proceeds.
The SpeakerThe SpeakerMr. Opposition Leader, supplementary or further question? SUPPLEMENTARY Hon. L. Craig Cannonier: Supplementary. Yes, if the Finance Minister could find out exactly what that is. The reason I am asking the questions in the format that I am is really to be informative to the public. For whatever reasons, maybe …
Mr. Opposition Leader, supplementary or further question?
SUPPLEMENTARY
Hon. L. Craig Cannonier: Supplementary. Yes, if the Finance Minister could find out exactly what that is. The reason I am asking the questions in the format that I am is really to be informative to the public. For whatever reasons, maybe they are not able to get hold of a Minister or someone at BEDC or the like, they ask questions of all of us. So we are all on the same page. If he could take it upon himself to get that answer, it would be great. And then we can make it public and I can support the positive initiative that has been taken on.
The SpeakerThe SpeakerThank you. No further question? Hon. E. David Burt: Mr. Speaker, as a point of order if I may.
The SpeakerThe SpeakerYes. POINT OF ORDER Hon. E. David Burt: Just pursuant to Standing Order 17(9), I am asking if you will allow me to possibly give immediate answers to the Leader of the Opposition. Hon. L. Craig Cannonier : Ah. Okay.
The SpeakerThe SpeakerYes. The Standing Orders will allow someone if they are a Government Minister to assist. Hon. E. David Burt: If I could just say, I think that all of the Honourable Opposition Leader’s questions will be on the website, on the BEDC website. They have a lot of things that …
Yes. The Standing Orders will allow someone if they are a Government Minister to assist. Hon. E. David Burt: If I could just say, I think that all of the Honourable Opposition Leader’s questions will be on the website, on the BEDC website. They have a lot of things that are outlined up there, but their time to return and for approval is within two weeks’ time. So that is the approval timelines of which they have set up.
The SpeakerThe SpeakerOpposition Leader, did you get that? Hon. L. Craig Cannonier: I got it. Thank you, much appreciated.
The SpeakerThe SpeakerAny further supplementary or question? Hon. L. Craig Cannonier: Just a small point of clarif ication as opposed to a point of order.
The SpeakerThe SpeakerOkay. All right. There are other Members who would like to put questions to you, Minister, in reference to your Statement. The next Member is the Honourable Member Gordon- Pamplin. Honourable Member, would you like to put your question? QUESTION 1: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Patricia …
Okay. All right. There are other Members who would like to put questions to you, Minister, in reference to your Statement. The next Member is the Honourable Member Gordon- Pamplin. Honourable Member, would you like to put your question?
QUESTION 1: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker.
Bermuda House of Assembly Mr. Speaker, the Minister, on page 5, indicates that they have met with CARTAC, they have been working with CARTAC, who has revised the growth forecast from a positive 1- to-2 to a n egative 7.5-to-12.5. My question to the Minister is, has CARTAC in those deliberations provided any observ ations or recommendations that might mitigate . . . that might assist us in mitigating those negative projections?
The SpeakerThe SpeakerMinister. Hon. Curti s L. Dickinson: Mr. Speaker, thank you. I think the Statement read that we had worked with CARTAC, and on the basis of those inputs from CARTAC we had made some adjustments to our own projections based on consultation with CARTAC. What I am aware of [is …
Minister.
Hon. Curti s L. Dickinson: Mr. Speaker, thank you. I think the Statement read that we had worked with CARTAC, and on the basis of those inputs from CARTAC we had made some adjustments to our own projections based on consultation with CARTAC. What I am aware of [is t hat], CARTAC did not offer any recommendations on how we could stem the rate of decline. The rate of decline is actually a function of the actual [ FEEDBACK] that happened. The rate of decline that actually was experienced in Bermuda. Mr. Speaker, can you ask whoever's micr ophone is unmuted to please mute it.
The SpeakerThe SpeakerSomebody's microphone is giving us some feedback. It looks like . . . Hon. Curtis L. Dickinson: Oh, it is Madam President.
The SpeakerThe SpeakerYes, yes. I got you. Okay. Hon. Curtis L. Dicki nson: Thank you, Mr. Speaker. So the actual experience that would inform the projections for Bermuda would be a function of what we had observed on the ground. So no, there were not any suggestions from CARTAC provided with respect …
Yes, yes. I got you. Okay.
Hon. Curtis L. Dicki nson: Thank you, Mr. Speaker. So the actual experience that would inform the projections for Bermuda would be a function of what we had observed on the ground. So no, there were not any suggestions from CARTAC provided with respect to how we might mitigat e the extent of the decline.
The SpeakerThe SpeakerOkay. Hon. Patricia J. Gordon -Pamplin: Thank you for that response. I have no supplementary.
The SpeakerThe SpeakerNo supplementary? Hon. Patricia J. Gordon -Pamplin: No supplementary.
The SpeakerThe SpeakerSecond question? Hon. Patricia J. Gordon -Pamplin: Yes.
The SpeakerThe SpeakerOkay. Put your second question. [Inaudible speech due to microphone feedback] Hon. Patricia J. Gordon -Pamplin: Okay. On page 6 of 8 . . . [Inaudible speech due to microphone feedback]
An Hon. Member An Hon. MemberI think Madam President's micr ophone is alive again.
The SpeakerThe SpeakerIt is not on. QUESTION 2: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Patricia J. Gordon -Pamplin: It is showing live. Okay, okay. We are good now, Madam Pres ident. In setting the $2.9 b illion debt ceiling, which we did just before Parliament closed for the break, notwithstanding …
It is not on. QUESTION 2: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Patricia J. Gordon -Pamplin: It is showing live. Okay, okay. We are good now, Madam Pres ident. In setting the $2.9 b illion debt ceiling, which we did just before Parliament closed for the break, notwithstanding our best effort, is that ceiling deemed to be realistic given the stresses that we now are tel ling that have become evident as the demands on the public purse ar e manifesting themselves?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. My response to the Honourable Member would be that the setting of the ceiling is more of an art than it is a science. I would say this, that I had in my o wn mind a feeling around what I …
Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. My response to the Honourable Member would be that the setting of the ceiling is more of an art than it is a science. I would say this, that I had in my o wn mind a feeling around what I think the ult imate number is from a debt ceiling perspective before there may be a potential action by the rating agencies. In my mind I think that number is $3 billion. Now I do accept that, as a result of the pandemic, the circu mstances for a number of governments have changed. And I do believe that there may be some consider ation by rating agencies given the times in which we are living. So there may be some scope for a number higher than $3 billion. Having said that, I t hink it is important for us to exercise a degree of discipline. The topic of the debt has been—the Honourable Member will appreciate much more than I will —front and centre in this Chamber for the better part of many, many, many years. So, in an effort to r emain focused on the issues, which are attendant with high debt numbers and the potential impact on the economy, the guidance that I gave then was my best thinking. And I have used that best thinking in trying to inform the development of strategies around how we move forward in light of the pandemic. The estimates that I have presented in the Statement this morning are best guesses based on the information that we currently have available. These numbers may need to be refined as a result of the experience that we have over the course of the next nine to ten months. Ideally, the 175 number that I have mentioned today is a number that is reasonable and that gives consider ation to all the work that needs to be done, while at the 3940 8 May 2020 Official Hansard Report
Bermuda House of Assembly same time recognising that the notion that we can continue to borrow without having to give consider ation that we would pay it back is not a strategy that will lead to the long- term sustainability of Bermuda.
Hon. Patricia J. Gordon -Pamplin: Okay. Thank you.
The SpeakerThe SpeakerSupplementar y or another question? Hon. Patricia J. Gordon -Pamplin: I have a third question, my third question.
The SpeakerThe SpeakerThird question. Yes. Put your last question. QUESTION 3: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, to the Minister: Having expressed our concern that the 2020/21 budget was obsolete before we passed it back in February/March, the Minister on …
Third question. Yes. Put your last question. QUESTION 3: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, to the Minister: Having expressed our concern that the 2020/21 budget was obsolete before we passed it back in February/March, the Minister on page 7 of his Statement speaks to four areas of savings that have been identified. That is to delay for an additional six months the start of [of any capital projects that have not commenced]; continue the freeze of funding vacant posts; continue the ban on nonessential government travel; and reducing all discretionary spending including whatever. My question is, he has indicated that he is looking at those four areas in the main that would pr ovide $50 [million] to 60 million worth of savings. Could the Minister give us some kind of indication as to a programme- by-programme [description] for these four bullet points? What of those bullet points has ident ified to make up the majority of the $50 [million] to $60 million savings that are indicated?
[Pause]
Hon. Patricia J. Gordon -Pamplin: And maybe I can just expand that a little, if I can, Mr. Speaker. That is given the fact that earlier in his Statement, he indica ted that he already had indications for $70 [million] to $80 million that is required for different programmes that had been identified to him, $20 million for Health, National Security and Legal Affairs and the like; $44 [million] on unemployment; $12 [million] to BEDC, for estimates. [AUDIO SKIP ] $80-plus million. So I am just wondering, does he know [ AUDIO SKIP] would be allocated to those four areas to which he has referred in his Statement?
The SpeakerThe SpeakerThank you, Honourable Member. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would r ather speak in generalities as opposed to specifics be-cause these are preliminary estimates, as we are working to kind of find ways to ensure that we do not exceed the $175 million deficit number that I …
Thank you, Honourable Member. Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would r ather speak in generalities as opposed to specifics be-cause these are preliminary estimates, as we are working to kind of find ways to ensure that we do not exceed the $175 million deficit number that I mentioned earlier in my Statement. What I would say is that the lion’s share of any potential savings related to those four items is generated from salaries and wages associated with unfilled or vacant funded positions —the people costs. There are other costs associated with the training and travel, which in the main may not be a whole bunch of dollars. But in going through this exercise in terms of trying to find ways to save money, everyt hing needs to be on the table. On the capital expenditure side, I think colleagues will remember that in the Budget Debate we talked about the $20 million of deficit for 2020/21 was principally associated with funding capital expend itures. We are actually also looking at capital expend itures as a way of trying to save some money and looking at potentially $10 million of savings there, though we have not really dug really, really deep yet. But we are still committed to do so. But the bulk of the savings wi ll come from freezing, or not hiring people, for posts that have been funded but remain vacant today. Hon. Patricia J. Gordon -Pamplin: Thank you. Any further questions I have on this particular issue I will take offline with the Minister. Thank you, Mr. S peaker.
The SpeakerThe SpeakerThank you, Honourable Member. Minister, there is one other Member who wishes to put a question in reference to your Stat ement. That is the Honourable Member Dunkley. MP Dunkley, would you like to put your question? QUESTION 1: COVI D-19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Michael H. Dunkley: …
Thank you, Honourable Member. Minister, there is one other Member who wishes to put a question in reference to your Stat ement. That is the Honourable Member Dunkley. MP Dunkley, would you like to put your question?
QUESTION 1: COVI D-19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. Mr. Speaker, on page 3 of the Honourable Minister’s Statement, he discusses the introduction of the unemployment benefit. A question to the Honour-able Minister: What mechanism is in place for people to notify that they are being rehired and thus are coming off the unemployment benefit? I have had a couple of individuals who have expressed concern that they cannot notify that they are now coming off and being rehired . So what advice can the Minister give?
Hon. Curtis L. Dickinson: Mr. Speaker, I thank the Honourable Member for that question. Just to provide some perspective, the policy for this programme was developed in, I think, a matter of six or seven short hours . And Members will remember this morning I introduced a number of . . . I guess a motion to intr oduce a number of forms of the unemployment benefit
Bermuda House of Assembly because we have made some subsequent changes to the programme, the regulations, as we went about effecting i t over the course of the last six weeks. I can tell you that the capability for employees to notify the Department of Workforce Development of their return to work is actually being built into the application as we speak. In an effort to get the pr ogramme up and running quickly, the functionality for employees being able to notify the Department of Workforce Development was not initially built into the application. That capability is now being built.
The SpeakerThe SpeakerThank you, Minister. Supplementary questi on? SUPPLEMENTARY Hon. Michael H. Dunkley: Yes, a supplementary, Mr. Speaker. I appreciate the answer, but people going back to work this week then, by the answer that the Honourable Minister just gave, could actually also r eceive the unemployment benefi t at the same …
Thank you, Minister. Supplementary questi on?
SUPPLEMENTARY
Hon. Michael H. Dunkley: Yes, a supplementary, Mr. Speaker. I appreciate the answer, but people going back to work this week then, by the answer that the Honourable Minister just gave, could actually also r eceive the unemployment benefi t at the same time. So how can we alleviate that challenge so the money can be pushed to somebody who actually needs the ben efit because they are not working?
The SpeakerThe SpeakerMinister. Hon. Curtis L. Dickinson: Mr. Speaker, I would say this to the Honourabl e Member: The next payment cycle for those who have received benefits through this point is for next week. The data run for determi ning the payments for next week will be concluding on next week …
Minister. Hon. Curtis L. Dickinson: Mr. Speaker, I would say this to the Honourabl e Member: The next payment cycle for those who have received benefits through this point is for next week. The data run for determi ning the payments for next week will be concluding on next week Tuesday. So inasmuch as there are folks who want to alert the Department of Workforce Deve lopment of their return to work, they can do so either through a telephone call or an email to the Depar tment of Workforce Development. I would tell the Honourable Member that to some degree there is an expectation that people will be honourable in making requests and taking a dvantage of the government unemployment benefit — and “taking advantage” not used as a pejorative in this case. And so there is an expectation that people will do the right thing. I would like for folks to understand that the Government is borrowing every single penny that it has expended on this benefit for the benefit of those persons who need the support. It would be unfort unate if there were persons who are taking advantage of this benefit as a result o f a lag in getting the appl ication up and running, and that kind of fulfilling their moral obligations to do the right thing. I know that the team has been working really hard on this. I will get a briefing in fairly short order around how far along we are. But my expectation is that the capability, the fea-ture that will allow people to notify the DWD [Depar tment of Workforce Development] of their return to work should be operational, if not today, by Monday of next week.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker.
The SpeakerThe SpeakerSupplementary? Supplementary? Hon. Michael H. Dunkley: I have another question. But before I come to that, I will take it offline to the Minister. Let me be clear: I am not in any way saying that an employee is taking advantage of the benefit when they go back to work. …
Supplementary? Supplementary?
Hon. Michael H. Dunkley: I have another question. But before I come to that, I will take it offline to the Minister. Let me be clear: I am not in any way saying that an employee is taking advantage of the benefit when they go back to work. What I am saying is I know of employees who are trying to get off the ben efit because they are back to work. But I will take it offline so we can save the Government money and put it to use to people who need it.
The SpeakerThe SpeakerThank you. Next question. Hon. Michael H. Dunkley: Next question, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: This last question—
The SpeakerThe SpeakerDo you have a supplementary on that? Hon. Patricia J. Gordon -Pamplin: Yes, a suppl ementary.
The SpeakerThe SpeakerHonourable Member Gordon- Pamplin. You can put your supplementary. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Briefly, the Minister has just indicated in his response to MP Dunkley that the Government is borrowing money in order to meet this benefit that it is offering for this emergency …
Honourable Member Gordon- Pamplin. You can put your supplementary.
SUPPLEMENTARY
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Briefly, the Minister has just indicated in his response to MP Dunkley that the Government is borrowing money in order to meet this benefit that it is offering for this emergency unemployment. My question is, Is the Minister saying that we are actually drawing down on the facilities that we had arranged? Or did we not have sufficient cash flow thus far that would have come in from the April 15 th taxation money that would have precluded him from having to draw down on the facility? Hon. Curtis L. Dickinson: Mr. Speaker, I would say this, that the turn, the phrasing “borrowing the money” was a turn of a phr ase. When I look at our numbers, I look at the full year impact of my cash flows. As it sits now, we are in a cash- positive position. There was a period of time when these benefits were being paid which extends back to early April before the full r eceipts from the April collections were actually r eceived, where we had the flexibility to tap into a line of credit should we need it. I am happy to report that tax 3942 8 May 2020 Official Hansard Report
Bermuda House of Assembly receipts received in April were actually good. And we had not had to draw down on those facilities . But looking forward with respect to kind of anticipated expenditure, even with contemplated r eductions in revenues and expenditure, I am forecas ting that the Government will need to borrow money.
Hon. Patricia J. Gordon -Pamplin: Thank you.
Hon. Curtis L. Dickinson: In response to . . . Mr. Speaker, with your indulgence.
The SpeakerThe SpeakerGo ahead. Hon. Curtis L. Dickinson: Because I know people are listening. For those folks who have returned to work and would like to notify the Department of Wor kforce Development, you can do so by email to unemploymentbenefit@gov.bm . You should include your name, your social insurance number and …
Go ahead.
Hon. Curtis L. Dickinson: Because I know people are listening. For those folks who have returned to work and would like to notify the Department of Wor kforce Development, you can do so by email to unemploymentbenefit@gov.bm . You should include your name, your social insurance number and your date of birth, and a date at which you returned back to work.
The Speake r: Thank you, Minister. MP Dunkley, did you finish your questions, because that was a supplementary from Member Gordon- Pamplin?
Hon. Michael H. Dunkley: No.
[Crosstalk]
QUESTION 2: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, to the Honourable Minister. On the same page, page 3, the Honourable Minister r efers to the increased emergency funding. And one of the items he lists is this $2.8 million to the Ministry of Health. Can the Honourable Minister please provide a breakdown of the expenditure in that $2.8 million to each vendor, what items were purchased and at what cost?
Hon. Curtis L. Dickinson: Mr. Speaker, I can undertake to provide the Honourable Member with those details. I will do that offline. I do not have those numbers at the ready at my home.
The SpeakerThe SpeakerThank you. MP Dunkley, are you okay with that? The Mi nister has said— Hon. Michael H. Dunkley: Most certainly. Most certainly. And what I will do is I will send the Minister an email just so he has the information, because he is in the middle of this as …
The SpeakerThe SpeakerFinal question, yes. QUESTION 3: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE Hon. Michael H. Dunkley: Yes, Mr. Speaker. On page 8 of the Minister’s Statement, the Honourable Minister talks about fruitful conversations, discussions with the union partners of the Bermuda Government. The question to the Honourable Mini ster: The …
Final question, yes.
QUESTION 3: COVID -19— FISCAL AND ECONOMIC PLAN UPDATE
Hon. Michael H. Dunkley: Yes, Mr. Speaker. On page 8 of the Minister’s Statement, the Honourable Minister talks about fruitful conversations, discussions with the union partners of the Bermuda Government. The question to the Honourable Mini ster: The Honourable Minister does not talk about any potential o utcomes of those discussions. So the question to the Minister is, When will any decisions be made on any salary reductions, temporary or otherwise, for Members of Parliament or any of our valued civil servants?
The SpeakerThe SpeakerOkay? We will finish the questions, and we will get there. Minister, would you like to respond to the question from MP Dunkley? Hon. Curtis L. Dickinso n: Mr. Speaker, our conversation with the unions, this was last week, was an i ntroductory conversation where the Government had the opportunity …
Okay? We will finish the questions, and we will get there. Minister, would you like to respond to the question from MP Dunkley?
Hon. Curtis L. Dickinso n: Mr. Speaker, our conversation with the unions, this was last week, was an i ntroductory conversation where the Government had the opportunity to set out the state of play with respect to the Government’s finances and our own view on where things stood an d where things are going to go. The point of the conversation was to be transparent with the unions with respect to kind of our views on where we thought things were going and to identify opportunities for potential cost savings. We did not at that meeti ng ask the unions to quantify an amount of concessions for us. What we did is we asked them to go away after having had an opportunity to hear from us around the state of play to reflect on potential opportunities. My understanding is that folks will be meeting, over the course of this week and next week, with a view towards getting back to us with their ideas around potential ways that we can
Bermuda House of Assembly work together to narrow the gap with respect to the deficit. And with respect to kind of pay cuts for civil servants and Members of Parliament, let us park the civil servants to the side for a moment because that will come out of the process and discussions with the unions. I have said publicly, I think it was last week Saturday, that it is my expectation that Members of Parliament and Members of the Senate will step up to the plate similar to the concessions that are being undertaken or given by the public officers.
The SpeakerThe SpeakerThank you, Minister. Member Dunkley, are you comfortable with that? No further question or supplementary? Hon. Michael H. Dunkley: I have a further question, but I will take it offline in the essence of giving som ebody else an opportunity.
The SpeakerThe SpeakerThank you. That brings us to the end of the questions for that particular Statement. The next Statement that Members have a question for is actually the Stat ement by Minister Simmons. Minister Simmons, there is a Member who would like to put a question in reference to your Statement …
Thank you. That brings us to the end of the questions for that particular Statement. The next Statement that Members have a question for is actually the Stat ement by Minister Simmons. Minister Simmons, there is a Member who would like to put a question in reference to your Statement on the Public Communications for COVID - 19. And that is from the Opposition Whip. Honourable Member, would you like to put your question now?
QUESTION 1: COVID -19— GOVERNMENT FEEDBACK FORUM
Ms. Susan E. JacksonThank you, Mr. Speaker. Yes. So my question is, with all of the Government media channels in the soci al media domain, all of the social media channels that have been activated, what security has been put in place to make sure that there is very low or no risk …
Thank you, Mr. Speaker. Yes. So my question is, with all of the Government media channels in the soci al media domain, all of the social media channels that have been activated, what security has been put in place to make sure that there is very low or no risk to any fraudulent behaviour, any impersonations of the Premier, et cetera?
Hon. Jamahl S. Simmon s: I thank the Honourable Member for that question. There are a couple of things in place. At the beginning of this year, we b egan the process of verifying all of the government s ocial media accounts. It has taken a lot longer that we would have hoped. But our government Facebook page should be validated within the month, which was part of our process to be able to launch the gover nment WhatsApp system working through the Fac ebook Company, which [owns] WhatsApp as well. Our social media monitors, led by Courtney Bushner and Carlita Lodge, basically on a daily basis identify any fake accounts and report them immediat ely, as well as we send out notifications. You might have seen one about a week or so ago in relation to the Premier, a cloned Premier’s account . The part of the thing that we have stressed is very important in this age of social media for Bermudians and people in general to be vigilant. Because there are people who will seek to use this time to spread misinformation whether it is voice notes of people claiming to be in the know, whether it is false WhatsApp messages and things of that nature. Now what our team has been doing is we catch them as early as we can, and we begin to push back out to refute them, whether it is the Premier do-ing the voic e note, whether it is posts on social media, whether it is addressed at press conferences. It is an issue. I think it really goes back to us on our end getting the accounts fully verified as they should be. And it also goes into us being responsive and ada ptive and keeping track of false information and false accounts and addressing them as soon as they pop up. But there is a component of the public being aware. And there is a number to contact and an email to contact if you have a false account. I will get my team to publ icise that; I do not have it at my fingertips. But also it is important to note, we ran a campaign earlier, late last year in reference to [the fact that] no Member of Parliament or Government official will ever ask you for money online. A nd the public needs to be aware of that. No public official, OBA, PLP or green split pea will ask you for money online. If that occurs, there is a contact number to the police to report it. And as I said, we will endeavour to publicise those numbers so that the public are wrapped in and become a part of this. And I encourage the Honourable Member to reach out to me if she has any further suggestions relating to security. I welcome them as well.
The SpeakerThe SpeakerThank you, Minister. Any supplementary or further questions, Madam? Opposition Whip? Opposition Whip?
The SpeakerThe SpeakerOkay. Thank you. Well, that actually brings us to the end of, well, the time. The time just ran out. It is now 12:50. We started at 11:50. Plus, that was the last Statement that Members had questions for. I am going to call on the Premier and ask the …
Okay. Thank you. Well, that actually brings us to the end of, well, the time. The time just ran out. It is now 12:50. We started at 11:50. Plus, that was the last Statement that Members had questions for. I am going to call on the Premier and ask the Premier if he would give us a customary break at this time. Let me say, Members, that we did extend past the normal break time of 12:3 0. It is now just about one o’clock. And we are going to take a break from 1:00 to 2:00. I know most of you, or some of you, may be in comforts of other areas. But I have to admire for the fact that I am in Chamber with staff. And it looks like we are going to be in for a long day. I think it is 3944 8 May 2020 Official Hansard Report
Bermuda House of Assembly only due that they do take a break for a few minutes only, and we will be back at two o’clock. If the Premier now wishes to acknowledge us for lunch. Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until 2:00 pm for lunch.
The SpeakerThe SpeakerAre there any objections? No objections. We will stand adjourned until 2:00 pm. Members, you do not have to turn off your system. What you can do is just mute your micr ophones and your video. That way you will save yourself from any hitches or glitches that may occur …
Are there any objections? No objections. We will stand adjourned until 2:00 pm. Members, you do not have to turn off your system. What you can do is just mute your micr ophones and your video. That way you will save yourself from any hitches or glitches that may occur if you try and get back on later. Let us just mute everything, and we will all be online when we come back. Okay. See everyone at two o’cl ock. The House now stands adjourned until 2:00 pm.
Proceedings suspended at 12:5 3 pm
Proceedings resumed at 2:00 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerMembers, it is now 2:00 and we would like to resume the afternoon sessi on. And we ended this morning at the end of the Question Period and the next order on the Order Paper is the Congratulatory and Obituary Speeches. CONGRATULATORY AND/OR OBITUARY SPEECHES MOMENT OF SILENCE [In memory …
Members, it is now 2:00 and we would like to resume the afternoon sessi on. And we ended this morning at the end of the Question Period and the next order on the Order Paper is the Congratulatory and Obituary Speeches.
CONGRATULATORY AND/OR OBITUARY SPEECHES
MOMENT OF SILENCE
[In memory of the Honourable Stanley William Low e, JP, MP, former Speaker of the House]
The SpeakerThe SpeakerAs you know, we recently lost the former Speaker Mr. Lowe and we have dedicated this time to give a moment of silence to Mr. Lowe on his passing, which is a traditional form that we honour former Member s. And after the moment of silence there is going to …
As you know, we recently lost the former Speaker Mr. Lowe and we have dedicated this time to give a moment of silence to Mr. Lowe on his passing, which is a traditional form that we honour former Member s. And after the moment of silence there is going to be a tribute on behalf of the former Speaker, and Minister Foggo is going to read the tri bute for the family, and then we will open the micr ophones up for persons to persons to speak their con-dolences in regard to Speaker Lowe. So, if you will join me at this moment, we are going to have our traditional moment of silence and it will begin now.
[The House rose and observed a moment of silence.]
The SpeakerThe SpeakerMembers, I want to thank you for that moment o f silence for the former Speaker. And we will now have the tribute from Minister Foggo. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. The tribute is entitled “O Grand Speaker Lowe.” There was a Grand Speaker on Parliament Hill …
Members, I want to thank you for that moment o f silence for the former Speaker. And we will now have the tribute from Minister Foggo. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. The tribute is entitled “O Grand Speaker Lowe.” There was a Grand Speaker on Parliament Hill of very short stature, yet , a giant still. Legislator of 44 years, what is the toll? An employ most replete and one to behold. How long, sweet in oration and in address to the nation, s ervitude of excellence, far beyond. He was witty, insightful, his execution delightful. Most gentle and kind those of us he did find. If one dared to provoke, through bad speech or bad joke, unleashed was a lion that met that action with triumph. It was down with the devil or from the House you might travel ; then returned the gentleman through the House, calm again. At the end of all sessions, in Speaker Lowe fashion, food and libations, occasions most festive. For he was a Grand Speaker of high parliamentary command, but let’s not forget Speaker Lowe the man, husband, brother, father, a phenomenal fri end. Dedicated for always to the PLP green, a loyalty deep and oh, so pristine. Through all his self - sacrifice, he put first family and wife. For him, not a challenge; duty, accepted and relished. An exceptional role model for all to follow , his indelible imprint a guide for our stint. Speaker Lowe, thanks go to you as we bid you adieu. A sweet sorrow imparts from deep down in our hearts. This man, amongst men, Speaker Lowe, so Grand amongst men, as we know , for me, he was Stanley, my friend. And that goes out to the family and I believe they are listening and they will be listening to ever yone as [we] speak of the Great Speaker Lowe who they knew and came to love and who all of Bermuda knew and came to love. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister Foggo. And the next person who I would like to acknowledge is the Deputy Speaker . . . or Premier, are you on there? Hon. E. David Burt: I am ready, Mr. Speaker.
The SpeakerThe SpeakerOkay. The Premier is here. — Hon. E. David Burt: I can follow the D eputy Speaker.
The SpeakerThe SpeakerI beg your pardon? I was not sure you got this, I had not seen you. Bermuda House of Assembly Hon. E. David Burt: I am fine to follow the Deputy Speaker.
The SpeakerThe SpeakerDeputy, the Premier has given way to you, if you like. Hon. Derrick V. Burgess, Sr .: Thank you, Mr. Premier, you are such a gentleman and I appreciate that. Mr. Speaker, on May 22, 1968 Martin Luther King was killed. That same date, on May 22, 1968 we had …
Deputy, the Premier has given way to you, if you like. Hon. Derrick V. Burgess, Sr .: Thank you, Mr. Premier, you are such a gentleman and I appreciate that. Mr. Speaker, on May 22, 1968 Martin Luther King was killed. That same date, on May 22, 1968 we had an election, our first under universal adult suf-frage. In that year what we call the “’68 Class” Stanley Lowe was elected at the age of 30. He joined many other greats, such as, Reggie Burrows, Austin Thomas, Dame Lois Browne- Evans, Dr. Barbara Ball, Roosevelt Brown, former Leader Freddie Wade, Eugene Cox, and surviving members Walter Roberts and Stanley Morton. Mr. Lowe worked at the Bank of Butterfield for many years. And because of his stance and his pos ition in joining and running for the Progressive Labour Party, he suffered quietly. I can tell you at least two people —employees —of the Bank of Butterfield, Julia Juju Durham and Stanley Lowe never bent for an ything, the exploits of the white supremacists at the bank at that time. Mr. Speaker, today I am indebted, like many others, to people like Stanley Lowe who, because of his fig ht to eradicate the injustices of the day, I live in a better Bermuda. Mr. Speaker, Mr. Lowe, who was probably one of the longest serving, if not the longest serving Member of Parliament —44 consecutive years — probably the longest serving Speaker, for 14 years, definitely the first black Speaker, he served with honour in this House, Mr. Speaker. Mr. Speaker, I am so appreciative of Mr. Lowe’s family for letting him serve us and fight for us. He paid the economic penalty by belonging to the Progressive Labour Party and losing a lot of income to the detriment of all of those around him. So, Mr. Speaker, again, I want to thank his family for letting Stanley Lowe serve us and put us in a better Bermuda today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Deputy Speaker. I now recognise the Premier. Are you still there, Premier? Hon. E. David Burt: Mr. Speaker, I am here, yes.
The SpeakerThe SpeakerWould you like to . . . Hon. E. David Burt: Thank you, Mr. Speaker. With your leave, I would like to share with the Honourable House a letter of condolence which was sent to the family of the late Speaker.
The SpeakerThe SpeakerYou can proceed. Hon. E. David Burt: Thank you, Mr. Speaker. “To err is human; to forgive, divine” —
The SpeakerThe SpeakerYes. Hon. E. David Burt: —Alexander Pope, An Essay on Criticism , Part II. With these well -known words, the former Speaker Stanley Lowe often calmed flaring tempers in debates. He was a natural in the Speaker’s Chair and possessed, perhaps, the most important quality for the post—patience. Perhaps, after …
Yes.
Hon. E. David Burt: —Alexander Pope, An Essay on Criticism , Part II. With these well -known words, the former Speaker Stanley Lowe often calmed flaring tempers in debates. He was a natural in the Speaker’s Chair and possessed, perhaps, the most important quality for the post—patience. Perhaps, after 30 years of service in 1998, there was not much he had not seen and, as such, he came to the office schooled in the cut and thrust of debate and knowing just how far to pursue an argument. It was a fitting tribute to his service and the achievement of an even higher plane of success that the change election of 1998 began a tenure of some 14 years of his speakership. To be sure, there were late nights, controversial rulings, and, on occasions, even his gentle demeanour was tested. But with grace and good humour he stayed true to his oath that he would be an impartial speaker. However, even Stanley Lowe’s impartiality had its limits. It is well known that his allegiance to his Southampton roots was unwavering. And for 44 years the people of Southampton East were ably served by a true native son. He and the late Reginald Burrows comprised the most formidable set of running mates in Bermudian politics. They both knew the people and were equally at ease at Southampton Rangers as at Government H ouse. As a family, we can only imagine the pride you felt in him and we came to know the pride he felt in you. As a husband, father, grandfather and brother, this man of small stature swelled with joy in those moments he chose to share with others his profound love for his family. As you mourn, do so with comfor ting memories of his public sacrifice and private trials. The line that precedes this best -known part of Pope’s phrase, perhaps, best summarises the life and service of Stanley Lowe: “Good nature and Good sense must ever join.” So it was with Speaker Lowe, whether on a Hamilton street corner holding court, in the precincts of his beloved Southampton Rangers, or presiding from the Speaker’s Chair —Good nature and good sense were, indeed, ever joined. On behalf of the Government and people of Bermuda, I am humbled to express sincere condo-lences to his entire family. I count it an honour to have known him and pause to recognise the passing of another of those men and women whose toil and labour built t he foundation on which this modern Bermuda stands. 3946 8 May 2020 Official Hansard Report
Bermuda House of Assembly Wishing you peace and comfort.
The SpeakerThe SpeakerThank you, Mr. Premier. I now recognise the Opposition Leader. Honourable Member, would you like to make your comments? Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. And I would like to kick off this by saying, on behalf the One Bermuda Alliance, our deepest condolences to the Lowe …
Thank you, Mr. Premier. I now recognise the Opposition Leader. Honourable Member, would you like to make your comments?
Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. And I would like to kick off this by saying, on behalf the One Bermuda Alliance, our deepest condolences to the Lowe family. My mother speaks of fond memories of when they were very young and the many wonderful times that she and he and many of their friends had together while they were in school. But I would like to extend those condolences also to the PLP family. I know that this is a devastat-ing loss of someone who has, as we have already heard from three different speakers, the magni tude and debt that former Speaker Lowe contributed to this Island. He stands for leadership that is honourable, that speaks to the impartiality, as many have spoken to already. I can recall, for myself as a newcomer into politics, I believe I was involved only a year and then, of course, there was a change of Government when we won the election. But I wanted to say that the co nversations that I had with the Speaker were very fond . . . I found him to be extremely fair, always looking for opportunities to im prove the plight of Bermudians. And so, for such a stature within the PLP Government, I know that this is a tough loss. And I would encourage new Members, as they come along, if they are to look to any heroes on how to conduct themselves as an MP, I would certainly direct them towards the life that Speaker Stanley Lowe contributed to Bermuda in his public service. So, on behalf of our team we want to, again, say our condolences, and we want to also say to his family, thank you, thank you for allowing him to contribute so much for the benefit of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I would like to call on Minister Caines. Minister Caines, would you like to make your contribution? Minister? I tell you what, MP Swan , are you at your microphone? [Crosstalk]
The SpeakerThe SpeakerNow we see you. Okay, Minister. There you go. Minister, you have your three minutes. [Inaudible interjections] Hon. Wayne Caines: Mr. Speaker, when I think of the late Speaker, the Honourable Stanley Lowe JP, MP, the words that come to my mind are “true as the nee-dle to the pole. …
Now we see you. Okay, Minister. There you go. Minister, you have your three minutes.
[Inaudible interjections]
Hon. Wayne Caines: Mr. Speaker, when I think of the late Speaker, the Honourable Stanley Lowe JP, MP, the words that come to my mind are “true as the nee-dle to the pole. ” He is the longest serving MP at 44 years, the first black Speaker of the House for 14 years. He has contributed greatly to our society, the fabric of how we live. They w ill reflect on a number of things in our community , the ending of World War II, as I reflected on that today I thought of the forbearers in our country the great politicians in the sphere now. And Mr. Lowe has been an example shining brightly for all of us in the Progressive Labo ur Party of politics for Bermuda. He has served our country, our Constit ution. I had the privilege also to be a member of A lpha P hi Alpha Fraternity Incorporated. Mr. Lowe was our brother and has now gone . . . our fraternity brothers, I would like give his family my deepest co ndolences. Many of us were saddened because of this shelter in place and regulations surrounding the post shelter in place we were not able t o attend our brot her’s funeral and lamented the fact that we could not go out because of the regulations. We know that is going to be . . . for us memorialise appropriately and look forward to the time, as ministerial colleagues, parli amentary colleagues, fraternal colleagues, and just everyday Bermudians when we can get together, show his family and everyone how much we loved and apprec iated him. He was a giant amongst men. May he rest in peace. Thank you.
The SpeakerThe SpeakerThank you, Minister Caines. And I think MP Gordon- Pamplin, would you like to make your contribution? Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would like to add my personal condolences, notwithstanding that our leader has done it on behalf of our team. But I …
Thank you, Minister Caines. And I think MP Gordon- Pamplin, would you like to make your contribution?
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would like to add my personal condolences, notwithstanding that our leader has done it on behalf of our team. But I wanted to just r ecount a personal experience with the former Speaker. I came to Parliament in 1999, some 31 years after the Honourable former Member actually was first elected to Parliament. So, he had a little bit more experience than I did, I would say. And as time went on, Mr. Speaker, in the mid- 2000s, we had a si tuation in which I actually chaired the Public Accounts Commi ttee [PAC] and I believe you might be familiar with this particular reference to which I am about to make right now, in which, as Chair of that Committee at a time when that Committee met in camera rather than in public, we were . . . there was an article in the new spaper concerning a matter that was under the deliberation of the PAC. And, of course, I, as the Chair of that Committee, was accused of being responsible for taking the private dealings of the PAC to the public in the form of the Mid -Ocean News , I believe it was at the time. And I said I did not do it. And I was called into the office of the Speaker who said to me . . . you know, I told him I did not do it.
Bermuda House of Assembly And he said, Well, I think we have to ferret out the mole. And I said, No, Mr. Speaker, I think we have to fix the problem. With that said, fast forward, I ended up being accused in Parliament, in banter backwards and forwards with Members of the then Government and me in the Opposi tion, saying I did not make this comment. And the argument back and forth became so heated that the Speaker ejected me from the House. Why he heard my voice above everybody else’s I do not know. But I accept the fact that he was . . . that he was nonbiase d, as has been articulated, but he heard my voice and he ejected me. But the words with which the Premier commenced the letter to his family, when I was invited to . . . when I was allowed to return to Parliament with the necessary apology to the Speaker, having completed my apology, the Speaker said, Ms. GordonPamplin, to err is human; to forgive, divine. And so I have been a personal recipient of that. I am appreci ative of the times that I have had, that I have spent in Parliament with the Honourable former Speaker at the helm of the Parliament. And, obviously, for the entire time, from the time I came in 1999 until we took over the Government in 2012, he actually held that pos ition. So, to his family, I would, again, like to echo the thoughts and the s entiments being expressed to his family of lending him to us . . . lending him for the period of time that he was able to serve us. And in so doing, Mr. Speaker, I would also like to extend my condolences to that family because they did have a double whamm y around the same time. So, I would like them to know that they are all in my thoughts and my prayers and I thank you again for lending the Ho nourable former Speaker, Stanley, to us. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member. I would now like to recognise the Honourable Member Swan. Are you still there, Honourable Member?
Mr. Hubert (Kim) SwanMr. Speaker, condolences must go out to the family of the late Stanley Lowe. Two of my mother’s siblings, Irvin B. Hall and Rose Raynor married into the Honourable Stanley Lowe’s family. His Aunt Wilma Lowe Hall was my Aunt Wilma. His cousin, Sheridan Raynor, was my uncle Sheridan. And …
Mr. Speaker, condolences must go out to the family of the late Stanley Lowe. Two of my mother’s siblings, Irvin B. Hall and Rose Raynor married into the Honourable Stanley Lowe’s family. His Aunt Wilma Lowe Hall was my Aunt Wilma. His cousin, Sheridan Raynor, was my uncle Sheridan. And this speech, Mr. Speaker, is in celebration of a life well-lived by the Honourable Stanley Lowe, whose tenure is historic on many levels. The Bermuda House of Assembly was founded in 1620 and the passing of the Honourable Stanley Lowe, OBE, JP in 2020 punctuates this historic mil estone as we prepare to celebrate 400 years. The Honourable Stanley Lowe OBE, JP served from 1968 to 2012 and remains the longest serving Member of Parliament in Bermuda during the modern era since the introduction of the Bermuda Constitution Order 1968 . In 1998 the Honourable Stan ley Lowe b ecame Bermuda’s 55 th Speaker and made history by becoming the first black person to hold that office in 378 years. Prior to that, the Honourable Stanley Lowe was the first Opposition Progressive Labour Party Member to be elected Deputy Speaker of the House of Assembly. Stanley Lowe, the man, hailed from a family of trailblazers. His father George Lowe, uncles Earl Lowe and Reverend Vernon Lowe were among the great black golf trailblazers, along with Herman “Tucci” Bascome, Earl Anderson, Leonard Jones, Bill Pitt Sr. and, of course, Louis Rafael “Kid” Corbin, who helped break down the forbidden doors of segregated golf in Bermuda and North America. His mother, Mrs. Ivy Scott Lowe raised 18 children who became productive citizens and her nephew, the Honourable Alexander Scott, would b ecome Premier of Bermuda. According to Premier Scott, Vernon Temple AME Church during the tenure of Reverend Foster had a positive impact on those young folks. Speaker Lowe and his political running mate, the late Reginald A. Burrows (my cousin), both attended the historic AME educational institution Wi lberforce University in Ohio, along with Mrs. Sheila Burrows, widow of the late R. A. Burrows. Together they were a formidable team. Stanley Lowe represented the common man of Southampton East and the Southampton Rangers Sports Club proudly and he will stand in history. With his deliberate diction [we] fondly reme mber one of his favourite quotes: To err is human; to forgive, divine. Mr. Speaker, I want to say and offer my deepest condolences to the family of the late Stanley Lowe, a great man who stood tall for what he stood for. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member Swan. The next Member I have on the list today would be Honourable Member Dunkley. MP Dunk ley, I would like to take your contribution. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, it is always an honour and a privilege to serve in …
Thank you, Honourable Member Swan. The next Member I have on the list today would be Honourable Member Dunkley. MP Dunk ley, I would like to take your contribution.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, it is always an honour and a privilege to serve in Parliament. And for the many years that I was privileged to serve with Stanley Lowe, it is only fitting that we pay tribute to a very good h uman being who passed away after many, many years of service in the House of Assembly. My, if he could tell his memories, it would be a listening experience for sure. 3948 8 May 2020 Official Hansard Report
Bermuda House of Assembly You know, sitting on different sides of the aisle, even changing sides of the aisle, you have many differing views. You have many similarities, but the differing views of your parties strike to the very core of the fundamental of the policies and the politics you try to put forward. But one thing th at I always appreciated and respected greatly about Stanley Lowe, OBE was that he was always very respectful. No matter what he did he was respectful. Another thing that I always found very interesting about the former Speaker was he had a laugh that was unique. I recall the first time I heard it in the House of Assembly . . . it stopped me in my tracks for a minute because it is not the typical laugh, but it was a unique laugh that garnered the attention of everyone in the room. And, certainly, I looked forward to the opportunity, every time we came to the House, to hear him opine in his way. Not only did he use his laugh to subdue some of those people in the House from time to time, but he used his unique way of discipline in the House. He did not disci pline with an iron hand. He a lways listened and then he reacted. I recall one time, at the end of a session, former Speaker Lowe had left . . . had called the debate to an end. I wished to speak on the motion to adjourn, and I was a bit upset because he di d not recognise me, probably because I was just out of his eyesight in the corner there. And I said something that was caught on the microphone. And I knew that he probably heard it because he glanced over his shoulder when he walked out. And I knew that w hen we came the next Friday he would probably ask me to apologise for the comment or to explain it. So, I showed up late on purpose to see if he would forget —but he did not forget. He was not even in the Chair, but shortly after I sat down, he returned to the Chair and that was the first order of business. He had a unique way about him in many ways and it was effective. For the 44 years he served in Parliament it was very clear that not only did he have many family members in the old Southampton East, but those who were not family he converted to his family. And that says a lot about the measure of the man. Mr. Speaker, to the PLP family, but more i mportantly, to his large family, I send my condolences on behalf of my family [for] former Speaker Lowe, a man who has certainly left his stamp on our time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, MP Dunkley. The next Member I will call on will be the Deputy Premier. Deputy Premier, would you like to make your contribution? Hon. Walter H. Roban: Thank you, Mr. Speaker. Thank you for the opportunity to speak in tribute to the late former Member and late Honourable …
Thank you, MP Dunkley. The next Member I will call on will be the Deputy Premier. Deputy Premier, would you like to make your contribution? Hon. Walter H. Roban: Thank you, Mr. Speaker. Thank you for the opportunity to speak in tribute to the late former Member and late Honourable Speaker of the House, Stanley Lowe. So, my experience with Mr. Lowe will go back to the late 1980s as I, as a younger person, ventured into the area of politics out of genuine curiosity and interest in the country. And it is difficult to have not ensured that when you are in the PLP family that, certainly, Mr. Lowe was one of the eminent members of the Opposition that you would need to make acquaintance with. He was the senior member of the team. He had been there since 1968, so he was part of the em-inent group, as has been referenced already by the Deputy Speaker, who helped shape the first PLP 10 who came into Parliament after the Constitut ion Order and democratic parliament was established. So he, clearly, is one of the eminent members of the legisl ature who helped to shape Bermuda’s democratic pr ocess in its very early stages and participated fully in that process. He not only shaped tha t process, but he helped to shape also the PLP as it prepared itself to participate in this new Bermudian system which had been established in an effort to ensure the rights of so many people, particularly for him the people of Sout hampton East and in gene ral, Bermuda, were repr esented. It has been clearly referenced that as a young Bermudian at that time he would have faced signif icant challenges —with employment, with opportunity, and the likelihood, I am sure we all would admit, is that a young black Ber mudian male, educated as he was, would not have seen much progress with their professional career representing the PLP, represen ting the interests of workers in our position, to an es-tablishment that at that point in history had no time for such representations being made and certainly was not interested in giving any PLP member an opportunity to grow and prosper in a Bermuda. It was clear that he and others of that gener ation of 1968 did not deter their efforts. And I was a lways inspired by the work of Mr. Lowe. He as a . . . certainly me, as a younger member of the PLP, he always welcomed my presence and never deterred me inquiring with him about any matters concerning politics or the community. He clearly was one of the most learned me mbers of the legis lature due to his constant efforts in understanding the legislative process and eventually becoming Deputy Speaker and then, of course, the Speaker. And our first black Bermudian Speaker, cer-tainly, is a recognition with which he deserves to be continued t o be referred to in the annals of history. I will miss him because he was a kind and gentle man. He was a formidable parliamentary per-former. And though he may not have sat in Cabinet or in other participatory roles, he clearly helped to shape our democrac y, and we are all better for it.
Bermuda House of Assembly So, I will miss Mr. Lowe, MP Lowe, Speaker Lowe. I will miss him in the PLP and I know all of the PLP family and his own family out in Southampton and throughout Bermuda will miss him as well. Thank you, Mr. Speaker.
The S peaker: Thank you, Honourable Member. The next Honourable Member on the list this afternoon would be the Minister of Education. Minister, would you like to make a contribution? Hon. Diallo V. S. Rabain: Thank you. Thank you, Mr. Speaker. Can you hear me?
The SpeakerThe SpeakerYes, I can hear you. Hon. Diallo V. S. Rabain: Okay, great. Mr. Speaker, my comments are coming from a different perspective, coming from my position as the International District Director of Alpha Phi Alpha Fraternity. Brother Lowe was initiated into Alpha Phi A lpha Fraternity on the campus of …
Yes, I can hear you. Hon. Diallo V. S. Rabain: Okay, great. Mr. Speaker, my comments are coming from a different perspective, coming from my position as the International District Director of Alpha Phi Alpha Fraternity. Brother Lowe was initiated into Alpha Phi A lpha Fraternity on the campus of Wilberforce Univers ity’s Xi Chapter on February 20, 1957. He also ha ppened to attend Wilberforce with another PLP stalwart and Alpha member, Wilber “Larry” Lowe. And I am sure those two had some hi jinks when they were in college as well, from what he told me . . . what both of them told me. But Brother Lowe exemplified what is known to be a man of Alpha. As was seen, many men came before and after him, but he had continually held up the motto of manly deeds, fellowship, and love of all mankind at all times. In his . . . current politicians, such as Minister Wayne Caines and myself, Whip Lawrence Scott and Premier David Burt, who are members of the fraternity and other members of Bermuda are in mour ning as we laid our dear brother to rest earlier this week. His 44 years as a Member of Parliament and 14 years as Speaker are markers that will probably never be seen again or surpassed by anyone who sits in the Honourable Chambers. His stature in Bermuda and his love of country have always been well doc umented. His exploits will definitely never be forgotten. So, Mr. Speaker, on behalf of the brothers of Alpha Phi Alpha in Bermuda and the brothers of Alpha Phi Alpha around the world, I would just like to read the following tribute to our brother departed. And it goes like this: Alpha brothers gather around Make our praise resound of this brother, Whose labours are now crowned. His good deeds, heaven blest Commend them through each test To OMEGA our sweet chapter of rest. With that, I just want to say rest in peace brother Lowe. And his family have the condolences and the support of the brothers of Alpha Phi Alpha Island- wide. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next person on t he list is the MP Honourable Member Commissiong. Honourable Member, would you like to make your contribution?
Mr. Rolfe CommissiongAnd thank you for recogni sing me. Mr. Speaker, I would like to firstly start off by offering condolences to the family of Mr. Llewellyn “Shack” Todd. He was the brother of —
The SpeakerThe SpeakerMr. Commissiong, let me stop you. Today you were asked if you could give condolences only for the former Speaker. If you do not have comments for the former Speaker, I am going to move on.
Mr. Rolfe CommissiongOh, I am sorry, Mr. Speaker. I just got back in the house and you know you are perfectly right. I was at the meeting when we di scussed that. And my apologies t o you and the House and I was going to come back to that. And I …
Oh, I am sorry, Mr. Speaker. I just got back in the house and you know you are perfectly right. I was at the meeting when we di scussed that. And my apologies t o you and the House and I was going to come back to that. And I will speak and offer my condolences to Mr. Todd . . . I mean, Mr. Lowe, the Speaker of the House. And he was always, as described, a very kind-ly man, that being his chief characteristic. And a giant, despite his diminutive size or stature. But in the minds of the voters of Paget East and PLP voters and ot hers, he stood tall. Mr. Lowe was always very supportive of me and my work on the part of our movement and political party. At times, as wi th the Deputy, we both kind of found ourselves during that early to mid- 1990s period, finding you there, Mr. Speaker, as well, to begin our work at this level. And Mr. Lowe was always very, very supportive of me. And so, he is going to be deeply missed, but particularly to all the family up in Southampton East that supported him and for which he worked so hard, no less for Bermuda in general. I know their hearts are heavy, especially also with the passing of his brother. And I just want to associate with all of the welcome comments that came from Members of this House to give proper tribute to the great Mr. Stanley Lowe. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Commissiong. The next Member we have this afternoon to give a contribution is Hono urable Member Mr. Michael Scott. 3950 8 May 2020 Official Hansard Report Bermuda House of Assembly Honourable Member, are you there? Hon. Michael J. Scott: Yes, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead, Honourable Member. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, in paying tribute to the former Speaker Lowe, I will adopt the stirring and kind words of tribute spoken a moment ago by Speaker Lowe’s friend, Minister Foggo, and the words of our Premier in …
Go right ahead, Honourable Member. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, in paying tribute to the former Speaker Lowe, I will adopt the stirring and kind words of tribute spoken a moment ago by Speaker Lowe’s friend, Minister Foggo, and the words of our Premier in his letter to the family. They clearly, Mr. Speaker, capture the affections and respect and adorat ion that Stanley Lowe has helped in the PLP family. When sharing, as I did, on April 26 th of this month the death of Speaker Stanley Lowe with former Premiers of the party —Dame Jennifer, former Premier Paula Cox, former Premier Dr. Ewart Brown— I did not have to contact former Premier Alex Scott, because I know that [he and] . . . that our party whip were [already] in communication about Stanley’s passing. As I did so, Mr. Speaker, what I did notice was that all of the . . . there was an equal response of s adness to the death of Stanley Lowe by these former Premiers, by members of my branch, Mrs. Shirley Foster, Mr. Clifford Russell, and it just reflects the level of both respect, adoration and affection we all held Speaker Lowe in. And so, I know that it i s going to be . . . and it is never hard to capture the essence of a truly good man. This parliamentary strategist and this gentleman who was a committed community representative for Southampton and a fighter for justice, thus was Stanley Lowe’s contributi on on these fronts, Mr. Speaker, were unparalleled. And I join my colleagues in expressing my personal sadness at this loss and offering my firm condolences to his wife and to the children. And we shall all remember the twinkle in Stanley Lowe’s eye and y et his capacity, Mr. Speaker, to fight injustice in this country. I thank you for the opportunity to [INAUDIBLE].
The SpeakerThe SpeakerThank you, Honourable Member. The next Member on the list would be Minister Simmons. Minister Simmons, would you like to make a contribution at this time? Hon. Jamahl S. Simmons: Yes, Mr. Speaker. Thank you, Mr. Speaker, and good afternoon Bermuda. I have so much respect and am glad to …
Thank you, Honourable Member. The next Member on the list would be Minister Simmons. Minister Simmons, would you like to make a contribution at this time?
Hon. Jamahl S. Simmons: Yes, Mr. Speaker. Thank you, Mr. Speaker, and good afternoon Bermuda. I have so much respect and am glad to have the opportunity to pay tribute to this giant of a man. He . . . I think that when you think of someone who made the bold step of joining the Progressive Labour Party in the 1960s and served throughout the entire period, except the period after 1998 in Opposition, it is a sacrifice that few people probably understood. The pay was far, far, f ar lower than what we make now. The penalties, even though many still exist today, were far stronger in terms of economic displacement and the blackballing of the day. But he took the sacrifice, served that period in Opposition, and to us, I think that every Bermudian owes him a debt of thanks for ma king that sacrifice. And I thank his family for sharing him with us. When my father was elected in 1980, the late Speaker was a phenomenal mentor to him. And the first advice was that they sat next to each other in Pa rliament in the first term when my father was elected. And he provided a tremendous amount of guidance because the first advice he gave to him was know the rules . And he stressed that and he coached and mentored my father and many other younger PLP MPs who came through at that time on the rules of the House. And it helped, in no small part, to make the Progressive Labour Party a formidable Opposition. Mr. Speaker, I only had one incident with the Speaker in my former political life in Opposition whe n he threw me out of the House one late night about 2:00 am. And I have to say I do not remember why, but I am sure it was justified. And the next day he called me and he said, Look Simmons, you had the devil in you last night. I had to send you home. And I said, Well, you were probably right. And so, we had a good laugh about that, but he was very fair, very firm, and his command of the rules of the House was i mpeccable. And he was able to be able to maintain a jovial manner which commanded respect. We al l owe him a tremendous debt and we owe a tremendous debt to his family for allowing him to give him the opportunity to be the trailblazer that he was for all of us. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. MP Moniz, would you like to ma ke your contribution? Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I guess together with yourself, Mr. Speaker, I go back the farthest of the present Members of the House of Assembly with Stanley Lowe.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: I remember, and you will r emember I am sure, on that fateful day of the 5 th November 1993 when he was elected as Deputy Speak-er. And that was a first in Bermuda where we had a Speaker who was from the ruling party …
Yes. Hon. Trevor G. Moniz: I remember, and you will r emember I am sure, on that fateful day of the 5 th November 1993 when he was elected as Deputy Speak-er. And that was a first in Bermuda where we had a Speaker who was from the ruling party —at that time the United Bermuda Party —and the Deput y Speaker elected was a PLP Member.
Bermuda House of Assembly And that was my first day in the House of A ssembly. You were already there in the House, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: But my first day in the House on the 5 th November 1993, and on my first day I broke with the UBP, I broke with the Whip of my own party, and I voted for Stanley Lowe to be the Deputy Speaker, and that …
Yes. Hon. Trevor G. Moniz: But my first day in the House on the 5 th November 1993, and on my first day I broke with the UBP, I broke with the Whip of my own party, and I voted for Stanley Lowe to be the Deputy Speaker, and that was a success. And that is when we had Speaker DeCouto and Deputy Speaker Stanley Lowe. And, of course, it was the right decision f or me. And I always believe in bipartisanship, so we had the Speaker from the ruling party and the Deputy Speaker from the Opposition party. And what a Deputy Speaker he was! He had such a wealth of experience going back to 1968. And Mr. Speaker, as other Honourable Members have said, he had the most wonderful sense of humour. He could take the heat out of any situation. He was a man, as far as I knew, without any rancour. Whatever anger he had quickly passed. As the Honourable Member who spoke before me s aid, you were quickly forgiven for transgressions, but he would draw you up, he would point out your mistake, then he would have a good laugh with you and you would move on. And there would be no grudges. He was a wonderful Member of Parliament. I knew one of the members . . . I know he had many siblings. I think there were 18 of them in total. And I knew his brother, Addison, who passed away some years ago who worked for the Bermuda Bakery before I knew Stanley. But they are a marvellous fam ily. I want t o send my condolences to everyone and say that he was a real history maker in Bermuda’s Parliament. And it is amazing that he served for so many years and I do not think anyone could remem-ber a moment when he behaved in a manner that lacked integrity. He w as a real role model to all of us. He was certainly a role model to me for many years. I had the best of relationships with him while we served together and after he retired. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The next Honourable Member on the list is MP Famous. MP Famous, would you like to make your contribution? Mr. Famous.
Mr. Christopher FamousGood afternoon co lleagues and good afternoon Bermuda. Mr. Speaker, I have often heard the term, Go on a good line and length, Member, stay on that line and length, I often wondered where this term originated. So, I did a little research. To follow a good line and length …
Good afternoon co lleagues and good afternoon Bermuda. Mr. Speaker, I have often heard the term, Go on a good line and length, Member, stay on that line and length, I often wondered where this term originated. So, I did a little research. To follow a good line and length meant to be sure that y ou knocked on every door in your constituency over 40 years. A good line and length would ensure that you were the obvious choice to be the first black Speaker in Bermuda. I did some more research and I found a good line and length would ensure that you m entored the next generation of Speakers even if, somehow, they were all from the West. But they are still on a good line and length. A good line and length would have persons in faraway places that are constantly asking, How is Speaker Lowe? So, I think that if ever there was a definition of “a good line and length,” you would look at Speaker Lowe. So, Mr. Speaker, the next time—and I know it is probably going to be today —that you tell an Honourable Member, Y ou were on a good line and length, get back on it, we should consider it an honour. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member F amous. Mr. Tyrrell, would you like to make your contribution?
Mr. Neville S. TyrrellMr. Speaker, normally it seems so small for me to follow the tributes, certainly from Minister Foggo and then Premier Burt, but I would like to certainly join in the condolences to the family of our departed Speaker. But I c ame into contact with him during my early days …
Mr. Speaker, normally it seems so small for me to follow the tributes, certainly from Minister Foggo and then Premier Burt, but I would like to certainly join in the condolences to the family of our departed Speaker. But I c ame into contact with him during my early days of football administration. During those days I would not say Southampton Rangers were a powerhouse on the field, but they [INAUDIBLE] b ecause they were well -represented by his running par tner, Reg Burrows. An d so, I got to learn a lot from him at that time. I found him a very gentle person. Whenever he saw me, whether it was on the street or an ywhere, he would always have a kind word for me. And more especially, if I was with my wife Sheila, he had a smile tha t just went, you know, he would put all his attention to her, totally forgetting that he was talking to me, but that was the sort of person that he was. And he was very encouraging to me when I became a Senator and always said to me, I look forward to seei ng you up on the Hill. And when I did f inally make it up on the Hill, he was one of the first to congratulate me as an MP and, and as I said before and I heard someone else say it, he said to me, Try 3952 8 May 2020 Official Hansard Report
Bermuda House of Assembly and learn the rules of the House and you will have a good time. So, I certainly found him a very good men tor, certainly, as far back, as I said, my football days. And during my time in the House, I came very late for him, to be under him at any time, but he would a lways, as I said, when we were on the street, he would give me some advice and I certainly will miss him for that. I, again, offer my condolences to his entire fam ily. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member Ty rrell. Now, does any other Member wish to speak that I may not have recognised by the indication on the chat -cam? Hon. Zane J. S. De Silva: Yes, Mr. Speaker.
The SpeakerThe SpeakerYes. Is that Minister DeSilva? Hon. Zane J. S. De Silva: Yes, sir, it is. How are you today?
The SpeakerThe SpeakerI am good. Go ahead. Hon. Za ne J. S. De Silva: Thank you, Mr. Speaker, I would certainly like to join everyone with the great words for a great man in our passing colleague Stanley. Mr. Speaker, of course, I had the good fortune of having to fill his …
I am good. Go ahead. Hon. Za ne J. S. De Silva: Thank you, Mr. Speaker, I would certainly like to join everyone with the great words for a great man in our passing colleague Stanley. Mr. Speaker, of course, I had the good fortune of having to fill his . . . of trying to fill his heft y shoes, as you know, in constituency 29, after having had to fill the hefty shoes of Reggie Burrows [RB] before him. So, I had the tough job of fulfilling the roles of two icons in the political arena, especially within the Pr ogressive Labour Party and, of course, our beloved Southampton. So, whilst I have tried and will continue to try, Mr. Speaker, I do not think I will ever reach the lofty heights that RB and Stanley attained. Enough has certainly been said about his mannerisms, his professionalism, his wit, his firmness, his fairness, and I can only echo those sentiments. So, to a good friend, to his family, and I know a lot of his family. I was very disappointed in not being able to attend the service which was held this week. It took a lot for me not to go because of these social distance rules. But I felt as the Minister, I think, I had to set an example. And you know better than most, Mr. Speaker, the size of his family. And I just felt it was best to leave as much space for his family as I possibly could. And we will certainly give him his due that is so very much deserved and will be done in the future. But whilst I have the floor, so to speak, Mr. Speaker, I would also like to send condolences out to some other folks in Sunnyside Park over the last two weeks. We have had the misfortune of losing —
The SpeakerThe SpeakerMinister? Hon. Zane J. S. De Silva: Yes?
The SpeakerThe SpeakerToday we are just giving recognition to the former Speaker, so if you have made your r emarks, I am going to move on to the next speaker. Hon. Zane J. S. De Silva: Okay, all right, Mr. Speaker, that is fine. Well, you know what? I would have run …
Today we are just giving recognition to the former Speaker, so if you have made your r emarks, I am going to move on to the next speaker.
Hon. Zane J. S. De Silva: Okay, all right, Mr. Speaker, that is fine. Well, you know what? I would have run out of time so it is just as well that I save this time for them next week.
The SpeakerThe SpeakerThank you. The next Member who has indicated he wou ld like to speak is the Honourable Member Ben Smith.
Mr. Ben SmithYes, good afternoon, Mr. Speaker. I would like to join in the condolences to the family of former Speaker Lowe. As someone who grew up in Southampton I remember clearly having him knock on the door and spend long hours sitting in my living room talking to my father as …
Yes, good afternoon, Mr. Speaker. I would like to join in the condolences to the family of former Speaker Lowe. As someone who grew up in Southampton I remember clearly having him knock on the door and spend long hours sitting in my living room talking to my father as I was youngster in the house and seeing the way he interacted with everyone in the family. And, obviously, being in Southampton for my whole life I got to see him all the time. I also went to Port Royal school with his chi ldren, so it is a really sad day and I really wish condolences to all of them. It is a big loss. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish t o make a contribution at this time before we move on? Any other Member? Before we move on I would just like to add a few remarks myself. As it has been indicated, I am probably the person who …
Thank you, Honourable Member. Does any other Honourable Member wish t o make a contribution at this time before we move on? Any other Member? Before we move on I would just like to add a few remarks myself. As it has been indicated, I am probably the person who served the longest with Mr. Lowe, and I can say that when I came into Parliament in 1989 I was met by the team of those from 1968 who were what I called the “trailblazers” who helped to make it possible for where we are today. Mr. Lowe was quite a formidable part of that team. He was one who was very warm in greetin g you, provided, as others have said, Y ou would do well if you understand the rules , get to know the rules , get comfortable with what is required for you do to in this Chamber and you will be successful in delivering what has to be done here. When Mr. Low e, Speaker Lowe, passed, MP Swan , with his radio talk show , contacted me Sunday evening and said, Can you put some time aside t omorrow to appear on the show just so we can make a few tributes to the former Speaker? And I said, Of course, I would make some ti me available.
Bermuda House of Assembly And we came on the next day and I was expecting that maybe I would be on for an hour or two. As you know, we ran for four hours. Four hours ! And it was amazing the love that was being expressed t owards Mr. Lowe from all different sectors of this co mmunity , of people who were just calling in to reflect on the va lue of the man that they knew, the value of the man they had inter acted with. And for the whole time that we were on the airways, the phones just kept lighting up with people wanting to add their contributions. When we ended the show, we could have stayed for another few hours because the lines were still very much alive with peo ple wanting to call in and add their contribution. But Mr. Lowe, as has been said, has been the . . . probably t he longest serving parliamentarian that we will see in this era. But he served at all times with dignity, he served with respect, and he was one of those who did not necessarily demand respect, he gave respect and got respect back because of the type of in dividual that he was. And short in stature, but very large in personality, very large in the way he received and delivered the message that he had to deliver. And those of us who sat with him in the Opposition back then, today we can remember Stanley risi ng to his feet and som etimes starting on a slope, but when he hit his mark . . . when he hit his mark, it was as if he was on a pulpit and he was there with a real sermon to deliver. And in that sermon was a message of a wealth of knowledge, of food for thought, and wisdom of a man who was not afraid to speak what had to be said, not afraid to take on the challenge that was before us at that time. And like all have said thus far, it is sad that he passed during this time when we could not have gat hered and given him the respect of a funeral that a man of his stature required, but these are the times we live under. Even though we were not able to gather in that way, I know we all stood shoulder to shoulder with his family during this time as they have the do uble sorrow of losing his brother as well. And I just want my personal condolences on behalf of myself and my family to be amongst all those that have been said here this afternoon. And Members, I thank you for your contributions and we will bring our condolences to a close at this time and move on to the next order on the Order Paper.
MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF UR GENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerI believe we have two Bills to be intr oduced today. The first is in the name of the Deputy Premier. Deputy Premier, would you like to introduce your Bill? FIRST READING DEVELOPMENT AND PLANNING (DRAFT BERMUDA PLAN 2018 EXTENSION) ACT 2020 Hon. Walter H. Roban: Yes, Mr. Speaker. Mr. …
I believe we have two Bills to be intr oduced today. The first is in the name of the Deputy Premier. Deputy Premier, would you like to introduce your Bill?
FIRST READING
DEVELOPMENT AND PLANNING (DRAFT BERMUDA PLAN 2018 EXTENSION) ACT 2020
Hon. Walter H. Roban: Yes, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for t he next day of meeting: Development and Planning (Draft Bermuda Plan 2018 Extension) Act 2020. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The second Bill today is in the name of the Minister of Finance. Minister? FIRST READING NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Just a second, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that …
Thank you, Minister. The second Bill today is in the name of the Minister of Finance. Minister?
FIRST READING
NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020
Hon. Curtis L. Dickinson: Just a second, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: National Pension Scheme (Occupational Pensions) Amendment Act 2020.
The SpeakerThe SpeakerThank you, thank you. There are no other Bills. We will move on now to the next item. OPPOSITION BILLS
The SpeakerThe SpeakerThere are none. 3954 8 May 2020 Official Hansard Report Bermuda House of Assembly PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere is a Notice of Motion, and I believe the Notice of Motion is in the name of the Premier. Premier, would you like to introduce your Motion? EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I hereby …
There is a Notice of Motion, and I believe the Notice of Motion is in the name of the Premier. Premier, would you like to introduce your Motion?
EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I hereby give notice that at a later point in the meeting, under Orders of the Day, I will move the following motion: That this Honourable House take note of the Emergency Powers (COVID -19 Continuing Precautions) Regulations 2020.
The SpeakerThe SpeakerThank you. That brings us to the Orders of the Day. ORDERS OF THE DAY
The SpeakerThe SpeakerAnd just now the National Pensions Scheme was introduced by the Minister of Finance. For the listening audience, on rare occasions we have the agreement of both Houses to do a matter and all three of its readings in one sitting rather than have it tabled and then come back …
And just now the National Pensions Scheme was introduced by the Minister of Finance. For the listening audience, on rare occasions we have the agreement of both Houses to do a matter and all three of its readings in one sitting rather than have it tabled and then come back on another date for it to be dealt with its second and third readings. Today we have such matters before us, where the agreement has been that the matter will have its first, second and third reading done today. With that said, I will call on the Minister of F inance to introduce the matter, the first item on the Orders for the Day, the second reading of the National Pension Scheme (Occupational Pensions) Amendment Act 2020. Minister of Finance.
SUSPENSION OF STANDING ORDER 29(1)
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 29(1) be suspended to enable the House to proceed with the second reading of the Bill entitled: National Pension Scheme (Occupational Pensions) Amendment Act 2020.
The SpeakerThe SpeakerAre there any objections? No objections. Continue on, Minister. [Motion carried: Standing Order 29(1) suspended.] BILL SECOND READING NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I move that the Bill entitled the National Pension Scheme (Occ upational Pensions) Amendment A ct 2020 be …
The SpeakerThe SpeakerContinue. Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to provide for the consideration of this Honourable House the Bill entitled National Pension Scheme (O ccupational Pensions) Amendment Act 2020. Mr. Speaker, Honourable Members will be aware the National Pension Scheme (Occupational Pensions) Act 1998 provides for the establishment, …
Continue. Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to provide for the consideration of this Honourable House the Bill entitled National Pension Scheme (O ccupational Pensions) Amendment Act 2020. Mr. Speaker, Honourable Members will be aware the National Pension Scheme (Occupational Pensions) Act 1998 provides for the establishment, administration and regulation of private sector occupational pension plans in Bermuda. The Act became operational on 1 January 2000 and over the years a number of amendments to the Act and Regulations have been introduced to provide for such matters as registration of plans, plans for self -employed persons, pension fund investment, financial hardship withdra wals, smal l pension refunds, and enhancements to the Pensions Commission’s regulatory and supervisory powers, to name a few. Mr. Speaker, the Pension Commission has provided the following Plan statistics as at 31 December 2019: there were 27,961 estimated number of plan members; number of plans 3,126 of which 3,111 were defined contribution plans and 15 were defined benefit plans; approximately $4.1 billion of plan assets; 303 self -employed plans; 6 approved third- party plan administrators; $946 million of assets in local prescribed retirement products; and $32.8 million in total financial hardship payments since its inception in 2010. Mr. Speaker, let me take this opportunity to provide more specific details on the $32.8 million in financial hardship payments. As at December 31, 2019 there were 3,354 applications which date back to August 2010 when hardship withdrawals were allowed. In terms of approved applications, there were 2,799; there were 396 declined applications; and a further 159 applications pending or wi thdrawn. In terms of types of applications received: 1,076 were for eligible education expenses; 448 were for imminent threat of loss of principle residence; a further 1,091 were imminent eviction from home for rental arrears; and 184 were for eligible medical e xpenses.
Bermuda House of Assembly Mr. Speaker, it is pleasing to know hardship withdrawal provisions under the Act have assisted many families over the years and clearly validates the benefit of this social policy initiative. It should also be noted that the $32.8 million wi thdrawn since inception only represents approximately 2.34 per cent of the $4.1 billion in plan assets. The intent of the legislation was for persons to use their hardship withdrawals under the National Pension Scheme as a very last recourse. The stati stics provided provide verification that this policy objective is being met. Mr. Speaker, COVID -19 has had a significant impact on economic activity and social conditions in Bermuda. Government swiftly introduced a temporary unemployment benefit for employees laid off as a r esult of the pandemic. To further assist the unemployed, those under-employed, and those otherwise struggling financially as a result of the economic contraction, Gov-ernment is proposing to permit former members of defined contribution pens ion plans and members and policyholders of local retirement products to be able to voluntarily withdraw up to $12,000 as specified in the applicable Regulations. The Pension Commission has been consulted and is supportive of the proposals in light of the f inancial hardships impacting members and former me mbers of pension plans. Furthermore, the Commission has made a number of suggestions on the content of the proposed Amendment and Regulations in order to make the provision of such withdrawals as efficient as possible. Mr. Speaker, the Government is mindful of the long-term implications on a plan member’s retirement income in permitting such withdrawals. However, this must be balanced against the immediate and urgent needs in our community which have resulted from this unexpected crisis. Mr. Speaker, the Government also recognises that there will be those who do not support the pr oposed refund. However, we can all agree one of the principles behind saving and investing is to save for a rainy day. Mr. Speaker, I would suggest that one of those days is upon us and that Government is co mpelled to respond to provide members with greater access to their pension funds should they choose to do so. Mr. Speaker, recognising the importance for plan members to use these and any other refunds from their pension plans wisely, I will be asking the Pension Commission to engage in a financial awar eness campaign to assist plan members in their fina ncial planning and use of such refunds. Mr. Speaker, the Bill also seeks to make a few minor amendments to the Act; namely, to exempt multi-employer plans from the existing small pension r efunds as it has been recognised that such plans may already provide for a small pension fund and the i mposition of a mandated amount greater than that a lready established under such plans would likely result in financial harm to the pension plan; and, two, to a djust the provisions of the existing 25 per cent lump sum refund at retirement to apply to defined contribu-tion plans or local retirement products only. This is necessary as defined benefit plans would be harmed if such a refund were made mandatory. Furthermore, employers would be financially responsible for any resulting funding shortfalls in such plans and the i mposition of such would not be just or equitable. However, Mr. Speaker, the Act permits the defined benefit plan to voluntarily permit the refund of a member’s contributions accumulated prior to the 1 January 2000. And I am pleased to advise that a number of defined benefit plans already provide for such refunds. Thus, members of such plans may still be able to receive a similar refund at retirement. Mr. Speaker, the proposed amendments contained in this Bill are timely, necessary, and consistent with pension provisions and legislation bei ng intr oduced in other jurisdictions. I look forward to discus sing them with Honourable Members. Mr. Speaker, in closing I would like to thank all of those persons within the Pension Commission, the Attorney General’s Chambers, and the Ministry of F inance who have assisted with the development of this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Hon. Patricia J. Gordon -Pamplin: I do, Mr. Speaker.
The SpeakerThe SpeakerThank you. That sounds like Honour able Member Patricia Gordon- Pamplin. Would you like to make your contribution now? Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker. Mr. Speaker, firstly, I want to thank the Mini ster for his introductory remarks and, in addition to that, I would …
Thank you. That sounds like Honour able Member Patricia Gordon- Pamplin. Would you like to make your contribution now? Hon. Patricia J. Gordon -Pamplin: Yes, thank you, Mr. Speaker. Mr. Speaker, firstly, I want to thank the Mini ster for his introductory remarks and, in addition to that, I would also like to thank him for enabling and allo wing his technical staff from the Ministry as well as the pension commissioner to give an explanation of the intent of this Bill to our team by way of a virtual call yesterday so that we had the opportunity to ask any questions that we might have. I believe it is important, Mr. Speaker, to say that we understand the difficulties that people are experiencing under these very unprecedented circumstances. So, the withdrawal provisions that are being made are certai nly understandable. Mr. Speaker, while we might not agree that this a practical move for the very reasons that the Mi nister indicated in terms of the early withdrawal of funds 3956 8 May 2020 Official Hansard Report
Bermuda House of Assembly which are intended to stay in a plan to be able to multiply and by the time one reaches the age of retir ement there is a substantial amount on which they can call for living expenses and financial choices that they need to have after retirement, we certainly understand that under these trying times, if we have the option of saving money until we retire or drawing down on that money today so that we can afford to eat, somehow it does not . . . it is really not a choice. So, it is perhaps not very practical in terms of what pensions are i ntended for and hence, we, as a Parliament, will get pushback for the choices, but yet, under these ci rcumstances, I believe it is the most pragmatic approach, notwithstanding that we do find ourselves caught between a rock and a hard place. This is a situation in which we will be damned if we do and damned if we do not. Mr. Speaker, the challenge that I am mindful of is that earlier in the year you will recall that the Government introduced legislation in which they enabled employers and employees to not contribute . . . for a defined period of time to not contribute [money] to the pension fund, thereby, making available more cash for people to be able to live on. And it was acknowledged at that point in time, Mr. Speaker, that the lack of growth in the economy was negatively i mpacting our citizenry and, as a result, the Government were looking for any means necessary in order to try to ensure that people were not overly hard done by. The Minister indicated that there has been a hardship withdrawal for educational reasons, for med-ical reasons, for household situations . . . you know, sorry, for education, medical, household . . . you know, to keep a roof over one’s head and these are situations that have been taken advantage of by ind ividuals. And we also understand that there has not been a significant dr ain on the pension funds to satisfy the demands or hardship withdrawals. The one thing that I would admonish, Mr. Speaker, is in looking at this particular legislation that we have in front of us today, that it allows a maximum of $12,000 to draw down on, and it is going to be done on a one- off basis. It is a time . . . certain by which applications must be made and we will discuss that a little more when go to Committee, but the important thing is that it is only allowed to be one drawdown, so it cannot be done in bits and pieces. And I think that is important, Mr. Speaker, because we want to ensure that there is not such a run on a pension fund to destabilise it because of the demands for money. However, I think that it is important for people to recognise that if they do not need to have this money drawn down, that the long- term benefits and implications would . . . it would behove them to leave that money, if they are in a position so to do. Because I think that, you know, it might be $12,000 but the one thing that . . . even though we have been told, I think, as we met yesterday, that there are something like 27,000- plus (I think the Minister includ-ed it in his statement) 27,000- plus pension people enrolled in 3,100 different plans, most of which are defined contributions. These are withdrawals from defined contributions, for the most part, in this partic ular Bill. And, Mr. Speaker, I think that it is important to recognise that, in some instances, some people may have a smaller amount in that pension fund. So, obv iously, it is going to be up to $12,000. So, if you do not have $12,000 in your account, you can only withdraw the value that you have. But in addition to which, some funds are smaller than others and if such is the case it is important to underst and that this $12,000 could create —could create—a significant hit to the value and, therefore, the ultimate diminution in the value of these pension funds. So, I am just . . . it is important to just remind people that if you can leave your money for it to be built . . . and we are at a situation now where pensions are . . . the underlying assets of pensions are not the highest that they have been over time. If you are looking at investments in stocks and bonds and the likes, the markets have not been very kind to us over the course of the last couple of months and, therefore, these are considerations. This ability for people to make the application to draw down takes us all the way through until June of next year. And if people are in the position of wai ting it out, then that would, perhaps, even give their funds the opportunity to recover some as the markets stabilise and improve and, as well as being able for them to have an enhanced value of the base of the assets within their funds. So, I think that this is just an important point to make. The second part of the Bill to which I would . . . oh, the other point that I want to make here is that if people have already made hardship withdrawals, Mr. Speaker, for education and housing or medical, that they are not excluded from getting this. So, we have had a couple questions, people saying, Well, you know, I had to take money out to educate my son and so, therefore, I have already dipped into my appl ication restriction and would I still be entitled to this? And I believe the Minister will confirm, as my understanding is having spoken with the officers and having read the legislation, that people would still be able to get this benefit as well. So, I think it is important to highlight those particular issues, jus t really bearing in mind the fact that we want to ensure that the residual value of pe ople’s pension funds is not diminished to the point of extinction. The other point that I would like to . . . there is another sort of interim bit which we can discuss in Committee because it does not have any significant impact, it is really almost a housekeeping measure. But I want to speak to the last part of this Bill, Mr. Speaker, which speaks to the ability of pensio ners. These are people . . . the first bit that we have j ust
Bermuda House of Assembly spoken about is in relation to people who are still working. The second part of this Bill is in relation to people who have already finished work and are a lready receiving a pension. You will note, Mr. Speaker, that in November 2019 there was legislati on that was passed in which members who were in that situation of having retired and having an occupational pension, had the ability to do a one- time withdrawal of 25 per cent of the balance of their pension fund. That legislation was passed in the House, I believe it was, on the 19 November 2019. And from then until now, Mr. Speaker, six months later nearly, we have only just today seen the Regulations in relation to the terms and conditions under which those pensions could have been drawn. I am not sure why it has taken quite so long. I do know that, you know, we do have things that get in the way. We had, you know, we have had COVID, which has obviously taken a significant portion of our focus; we had the budget, which took a significant portion of our f ocus; however, Mr. Speaker, as parliamentarians we have to understand that our responsibility is to be able to walk and chew gum at the same time. I say that, Mr. Speaker, not in a pejorative way, but just to say that the public . . . when the public has an expectation of us, they do not want to hear that other things have gotten in the way. And I think that we have an obligation in terms of our level of accountability to ensure that we give to the public those things that we passed in Parliament on their behalf. So, as we are looking at this 25 per cent from this legislation that was passed at the end of last year, Mr. Speaker, I think that this is something that pensioners will have the opportunity to . . ., maybe, if they had the chance to have access to those funds in D ecember —25 per cent —or January or whatever — 25 per cent of their balance at that point in time may have been significantly higher. So, taking 25 per cent out on a timely basis would have left more money in the kitty for that money to continue to grow. And I think therein lies the disadvantage when we do not act expeditiously with the tools that we have at hand. So, we obviously support this legislation. As I said, it is my hope that we have fewer rather than more applicants for the money that people will have in their account in an immediate time. So, if people can stretch it out then I believe that that is important so that they will have the opportunity for their funds to recover. Mr. Speaker, while we cannot say to people how they are going to spend their money, I believe that the circumstances under which we find ourselves economically will dictate that $12,000 of withdrawals from pension funds may not necessarily go as far a distance as we would like to see it. People are finding themselv es being snowed under in terms of, you know, not getting the level of revenues in some i nstances, if people have been laid off or furloughed or whatever as a result of the circumstances —the virus circumstances—that we are facing. People will find that they may not have the ready cash so, therefore, they are putting . . . we are putting ourselves in the position of having to draw down to have money so that we can pay bills that are out there. That money is not going to last as long as we would like. However, with that said, I believe that if I get no other message across to people who may be li stening, Mr. Speaker, that the judicious expenditure of the funds that are available to us is a critical element in being able to ensure that we do not create such a diminution in the value of our assets at this point in time. That if we can stage it, as opposed to drawing the money down and spending it all at one time, I believe it is very, very important. And in the event, Mr. Speaker, that somebody draws down the enti re $12,000 and finds that they do not have need for it, given the fact that the banks at the moment are giving you 0.0 per cent interest rates on your money, you would probably do better to put any excess back in your pension fund and it might be able to w ork a little bit better for you. So, with those few comments, Mr. Speaker, I end my contribution. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member. I now will call on Honourable Member Ming. Honourable Member Ming, would you like to make your c ontribution at this time?
Mrs. Renee MingYes, good afternoon, Mr. Speaker. First, I am going to confirm that you can hear me.
The SpeakerThe SpeakerYes, I can hear you loud and clear from down in the East End. I know you are way off, but we have got a strong breeze blowing upward to the west so we can hear you.
Mrs. Renee MingOkay. I will let you know. I am around the corner from you, so I am not down in the East End, so I hope I can deliver just as well because I know if I was on the East End it would be p erfect. But, Mr. Speaker —
The SpeakerThe SpeakerI know you wanted to be closer to the west so I understand your reason for coming up here.
An Hon. Member An Hon. MemberOh, please! Another Hon. Member: Yes, right. [Laughter]
The SpeakerThe SpeakerGo ahead, Mrs. Ming. 3958 8 May 2020 Official Hansard Report Bermuda House of Assembly Mrs. Renee Ming: Mr. Speaker, I would just like to offer some brief comments to today’s debate on the National Pension Scheme. And I think the Minister did an excellent job when he gave the …
Go ahead, Mrs. Ming.
3958 8 May 2020 Official Hansard Report
Bermuda House of Assembly Mrs. Renee Ming: Mr. Speaker, I would just like to offer some brief comments to today’s debate on the National Pension Scheme. And I think the Minister did an excellent job when he gave the history of where financial hardship withdrawals actually started and why we a ctually have them today. And if you just add up the numbers fairly quickly, there have been, over the years, close to 2,500 . . . actually, in excess of 2,500 pension withdrawals. And so, Mr. Speaker, when you think about why we have these . . . I am sorr y, “hardship wit hdrawals”. . . when we think about why we have these hardship withdrawals it has been to assist people and their families in times of hardship. And I know that there will be some persons that will say, Oh, it’s not ideal . . . how we could look at doing things another way, but hardship is hardship, Mr. Speaker. And no matter how we want to spin it or look at it or even define it, if we are . . . if people are in a state of hardship, it is difficult to actually even think or even try and think how we get ourselves out of this state. And so, the assistance that these withdrawals have provided over the years . . . and I know persons who have received it. They have truly appreciated getting these funds. Mr. Speaker, the Minister of Finance does not have an easy job. And if we note that the last global pandemic was over 100 years ago, he is in an anom aly because that would mean that we have not ever had a Minister of Finance who has gone through a global pandemic. And so, the unchartered waters a nd the navigation that he has to do to ensure that the country is afloat . . . it . . . you know, I pray every day for his wisdom and his ability to remain as stress -free as he can because there are 66,000 Bermudians that are relying on his astute decision- making characteri stic and his ability to make sound financial decisions. Mr. Speaker, the amendment that we are looking at today is kind of an economic stimulus for the country because the persons who will draw down on these or make these withdrawals, wh at we hope is that they will put this money back into the community because that is something that must happen at this time, Mr. Speaker. And it is funny because I am going to reflect on a conversation that I had yesterday with a couple of my friends and we were all saying that we are at a stage where we . . . where we have to help each ot her. And to do that, Mr. Speaker, in some cases, we are going to buy Bermuda, support Bermuda, and just make sure that we are . . . we are doing whatever it is that we ca n to create and grow and further bring our economy back up. So, Mr. Speaker, when you look at this Bill, not only does it . . . you see that there is a $12,000 withdrawal that can be done for those persons who are in a defined pension plan, and basically they are still working . . . and then it also has the next one that we can draw to the 25 per cent. I will say this, espe-cially because I had this conversation with some of my friends, that if you find yourself in a space to have to withdraw from your pens ion fund, over the years if you have the time, please try and put it back in there. You can, maybe at a later date, increase whatever your contribution is. And I even thought about it so much I was thinking last year we actually raised the retirement age— although it may not be mandatory —to the age of 68. And so, there may be some persons, when they are looking at their financial planning, they may say, Well, I may work a couple more years to be able to just kind of replenish the funds that I used at that ti me. Mr. Speaker, there is no way . . . like, I def initely know that we are challenged as a people right now and each and every one of us who are leaders of this country have come into contact with many people who are feeling it. And trust me, it hurts me that we get into conversations with people who have no job and no real income coming in. And so, the real message, if I could give one, would be that of replenishing the funds, Mr. Speaker, but also of hope and know that we are a very resilient people and I believe that we will get through this together. And I pray that we stay on the focus and we do not allow pettiness to get in our way because we have much to do as a country, we will have to rely on each other, but the resilience that I spoke about when I said that we are a resilient people and I truly do believe that we will get through this, Mr. Speaker. So, Mr. Speaker, I would like to take this opportunity to thank Minister Dickinson and his team because they work hard, they have to be creative, they have things [which] they need to balance. And Mr. Speaker, I would just like to say this here because there are times when we often forget. I attended the presentation yesterday and I thought that the Minister’s team did extremely well explaining this Bill to us. They gave a synopsis of what the pension account looks like, they gave numbers, they gave data, and I thought, my own personal feeling as I pr epared for this debate today, was that their present ation was excellent and it allowed me really to cont emplate this Bill and its impacts, and how I felt that the people of Bermuda would receive it. And then I also take that and I go out and I speak to people and kind of ask them how they feel about it. And I know that the Member who spoke before me, Mr. Speaker, spoke to the regulations and that things need to be more timely. And there will ne ver be any fuss on my side about things being more timely and that if there are regulations that they should be done in a timely manner. But I did listen to the Senator from the Ministry of Finance speak on this yesterday, and he said . . . he apologised and said that, you know, budget —in January they were pretty much preparing for the budget, which is coming in February —and in February, really our budget ran right into the COVID -19. Because if you note, Mr. Speaker,
Bermuda House of Assembly we were racing to even get our things passing in place so that the Senate could have the budget and so that we could make sure that the country was in a good space in terms of passing the budget for the futur e year. And so, Mr. Speaker, when I hear the Member say that, I did hear the gentleman yesterday give the explanation for it, and I am sure that going forward he will endeavour to do that. And let’s not get caught up in those things that . . . of where we are and the u nprecedented times that we are in because there are many regulations ––like I could think earlier on when we first became the government, when we were sitting around debating casino gambling regulations that never came. We are in a space right now, Mr. Speaker, where I do believe that it is unprecedented, it is u nchartered, but we will get through it, and let us not lose focus of what it is that we need to do. So, Mr. Speaker, with those closing remarks, I support this Bill, I am hopeful that it brings some much -needed relief to many Bermudians, and I look forward to working with the Minister as we move forward on other creative ways that we can, not only assist Bermudians, but also look to get ourselves back to a healthy economy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I am going to call on Member Moniz. Honourable Member Moniz, would you like to make your contribution now? Hon. Trevor G. Moniz: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. Trevor G. Moniz: I have followed this debate carefully, although some of the speakers are cutting out a little bit so I cannot hear everything.
The SpeakerThe SpeakerThat is a problem they are trying to r esolve now. Hon. Trevor G. Moniz: Yes. So, if I misspeak or repeat something, please forgive me. But with respect to one of the concerns I had which I share with my honourable colleague Pat Gordon-Pamplin is that, you know, we …
That is a problem they are trying to r esolve now.
Hon. Trevor G. Moniz: Yes. So, if I misspeak or repeat something, please forgive me. But with respect to one of the concerns I had which I share with my honourable colleague Pat Gordon-Pamplin is that, you know, we passed this legisl ation in November —the National Pension Scheme (Occupational Pensions) Amendment Act 2019 —and there in section 19, some changes to the original Act (the 1998 Act) which would allow someone to take out 25 per cent, and it applied both to defined contribution pension plans and to defined benefit pension plans. Now, the Government did not seem to have had regulations prepared. In the best of all possible worlds, when you table the Act in the House you have the regulations already drafted, you have the majority, you know it is going to pass, so you have your regulations ready to go in draft when you table that Bill in the House. Now, perhaps that was not the case here because, you know, what the government has claimed is we didn’t have any regulations and we didn’t have time because the budget was coming. Well, we all knew the budget was coming, so I do not really accept that excuse that there was a budget coming. But in addition to the delay, there is a secondary factor that the government has obviously changed its thinking. If one looked at the 2019 Act, section 19, which amends section 24 of the 1998 Act, they have now decided not to put in the section about people taking out 25 per cent from defined benefit plans, of which, outside of the Government, there are only a few, maybe the bank and BELCO, there are just a few of those. So, somewhere there is some changed thinking which the government has not really explained, but fine. We are where we are. So, we have decided not only to let people have 25 per cent of their pension fund if they are retired, but also to allow people to withdr aw $12,000 from their pension plan. Now, I think, generally people agree. We see that this a time of emergency. I am a little bit concerned when I see people suggesting that people should take $12,000 out of their pension to set up a business. If I were a business advisor I do not think I would advise someone to start a new business up in a recession unless it was some particular niche that they had amazing experience in and it represented a unique business opportunity. Otherwise, the [middle] of recession is the worst possible time to start a new business. In my own mind what I have in mind is for those people who have mortgages or who owe money or who have expenses that they are not able to pay, then that would be a good use of the money. The difficult y that people with pensions have these days (and I am sure the Finance Minister has pointed it out) is that the interest rates worldwide are at historic lows. So, you know, you have a pension fund that you invest in the market and you are more or you are l ess aggressive. The more aggressive you are, you look at either a bigger gain or a bigger loss when some situation happens like coronavirus. But once you get to the age of 65, you want to put it in a safe investment. And usually what they try and get you to do is put it into an annuity where you are just collecting interest. But with interest at an hi storic low, of course, the interest rates you get on an annuity are actually lower than inflation. So, if you do that you are actually losing money. You are better off to take the money out than to lose the money in fees to the administrator of the pension fund or to inflation. You are better off to take that money and use it, par-ticularly if you have higher interest loans, which could be credit cards which are bearing interest at 18 per 3960 8 May 2020 Official Hansard Report
Bermuda House of Assembly cent, or mortgages, or loans, you are better off to take that money out. It is very ill -advised to leave that money in there and you are losing money every day if you do. So having said that, we, you know, in general it is a go od idea, but you have to sensible, you have to figure out what is the best use for it, and you should do that before you collect it, not after you collect it. It is something that requires some careful thought. You should have some conversations with some people you trust before you make that decision. We want to see people use this because it is a limited resource. But one of the problems with the pension scheme, and I think the Minister pointed this out, any payments that were made before 2000 are volunt ary payments and people should be allowed to take those contributions out, I think with the emplo yers’ permission, perhaps . . . for the employers’ portion, you should be able to take those out. And so, people may have money that they are entitled to take out and, in some cases, may not be aware of it, but also, to have the ability to take out to 25 per cent. And people should look at that carefully and I think it would be a good idea and I congratulate the government on moving forward with that, even if they were somewhat slow in getting around to it. And just hopefully there will be some good advice offered to people. And when people make a decision, government will be able to move quickly, which I know the Finance Minister has promised. Those are my thoughts, Mr. Speaker, thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Honourable Member Michael Scott, would you like to make your contribution? Hon. Michael J. Scott: Thank you, Mr. Speaker. Certainly, Mr. Speaker, my support of the N ational Pension Scheme (Occupational Pensions) Amendment Bill is unwavering. And like Member Renee Ming who spoke shortly ago indicated, …
Thank you, Honourable Member. Honourable Member Michael Scott, would you like to make your contribution? Hon. Michael J. Scott: Thank you, Mr. Speaker. Certainly, Mr. Speaker, my support of the N ational Pension Scheme (Occupational Pensions) Amendment Bill is unwavering. And like Member Renee Ming who spoke shortly ago indicated, she prays every day for Minister Dickinson’s wisdom, and that she is in her heart clear that we will get through this. But as an attorney —I am a litigation attorney —I have taken to heart the question: At what cost are we going to get through this? It must be a question that tasked the Minister of Finance and the Premier and the Minister of Health and the Minister of National S ecurity —all of those Ministers I have just listed, Mr. Speaker —to the question at what cost? For the Premier, his comprehensive exhaustion at having to deal with this matter since January; for the unquestioned and consistent professionalism of the Minister of Healt h, Minister Wilson, and her entire health team, Dr. Peek -Ball and the epidemiol ogists . . . constant focus, to her and her team’s co mplete exhaustion; for the requirement and leadership of the EMO and Minister Wayne Caines’ dedication to ensure that the st ay-in-place or the shelter -in-place was maintained to help preserve the country’s nation-al health system and to keep us safe; and all those nurses and frontline workers who have been exposing their bodies to the risk of infection . . . and I cannot, obviously, omit to list, Mr. Speaker, the cost of the seven lives we have lost in this country and the impact that it has had on the seven families. The statistics have been declared in our country with 118 confirmed cases and 61 recovering and our death rate. But Mr. Speaker, as I speak, it is important that I, and that we all in this House, include the cost globally, 3 million confirmed cases in the world, 1.8 . . . 28 million recovered, and 270,000 deaths and counting. And so, at what cost? At what cost? Today’s Bill, of course, is mitigatory. It is being achieved on the ordinary citizen, Mr. Speaker, dipping into his and her savings contained in a pension scheme to meet the everyday needs of a collapsed or short -circuited economy. Now, I know that there is a discussion going on about the causality of coronavirus and its origins and its spread through the world. And I ask that we, as legislators, working out fiscal responses to how we meet from a financial, just money basis, the proper response to this disruption in our lives, to this grave pandemic disruption, that we look to and within our calculations of a liability for those who have caused this virus to spread and to bring the world’s economy and to bring life as we know it to a halt. B ecause there may be real, measurable, legal cons equences from which we can calculate something even more firm and measurable than people going into their pension schemes to help survive and make their ends meet. I think it is an important calculation to put into the equati on that we keep in the forefront of our minds the causes of this pandemic and what the world of both analysts and politicians will be doing to make that calculation a valid one to help the world recover, because we face very grave times. And they have been introduced into our midst. I read recently where the Chinese Gover nment forbade the expression of an opinion as to the cause and spread of the virus from China. And when persons and states hide things, this is a reason for an account and an inquiry to be conducted. So, Mr. Speaker, it is important that we, of course, do our part in litigation. But we cannot close our eyes, Mr. Speaker, to just accepting the impact of this disease and of this pandemic virus on the backs, constantly, of ordi-nary citizens’ p ocketbooks. I know, as the Minister of Finance has indicated, the wealthy sector of business and banking have done their part, but there has been . . . there is a consequence and cost for this event in our lives and we, if we can, apply liability, and if remedies can flow from connecting causes of this event to responsible persons or governments, then this is an important factor
Bermuda House of Assembly for us to factor in so that we just do not continue to mitigate and scramble around to save ourselves, but that we look to where we should be looking for the causation of these events. I want to end by acknowledging, having acknowledged, that we have all had to do our part in a situation not brought on by anything that we have done ourselves. To the Bermuda Police Service and its leadership with the Commissioner; to the Royal Bermuda Regiment and its leadership and the soldiers who help to maintain shelter in place so that we saw a suppression of the curve of the spread; obviously, to the health professionals within the hospital and across the Ministry of Health; and to our undertakers here and across the world who have had to deal with an unmitigated, unprecedented state of burials; the pe ople who are just cleaning and keeping sanitised our streets, our supermarkets; everybody has been tasked into this churn of activity to deal with this matter, and it is costly. And it is a grave situation that r equires our every consideration to bring it to a close in a just way and in a fair way, looking at all of the consequences and all of the r emedies that we need to— other than putting it on the backs of the working pe ople and the ordinary citizens of this Island and of the world. So, again, I join my colleague Ms. Ming in keeping the Ministers, the Premier, in our prayers for their strength. I know that the Premier is exhausted. He has confessed it. They have to be because they have been going at this since January. Do not lose sight of the fact that there are wide remedies at your disposal and that we should not be in a position of victims thr oughout this, but that we should look strat egically, we should look legally, at this situation and find remedies that relieve some of your exhaustion, produce funds for replacing or supporting a collapsed set of economic arrangements in families, in states , and in communities. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member, I appreciate your contributions. I am going to call on the next Honourable Member. Honourable Member Dunkley, would you like to make your contribution now? Hon. Michael H. Dun kley: Thank you, Mr. Speaker, and good afternoon to colleagues.
The SpeakerThe SpeakerGood afternoon. Hon. Michael H. Dunkley: I appreciate the opportun ity to have some words on the National Pension Scheme (Occupational Pensions) Amendment Act 2020. And, as I st art, let me thank colleagues for their contributions, specifically, my colleagues Patricia Gordon- Pamplin and Trevor Moniz for their very i …
Good afternoon.
Hon. Michael H. Dunkley: I appreciate the opportun ity to have some words on the National Pension Scheme (Occupational Pensions) Amendment Act 2020. And, as I st art, let me thank colleagues for their contributions, specifically, my colleagues Patricia Gordon- Pamplin and Trevor Moniz for their very i nsightful comments. Certainly, I want to reflect on what MP Moniz has said and the advice on how to use any pension withdrawal because, obviously, when we sit back and look at how COVID -19 has impacted our community, from one end of the Island to the other, and put people in a position that no one thought we would have been in in early January after celebrating New Year s, there are people facing a crush on their life. And it is very wise, as the former Attorney General said, in seeking wise consultation on how you will use any money. Because with the cost of living in Bermuda and the duration that this virus will be with us, these are important contributions to understand to make the money, if it is withdrawn, go as long as possible. As I start my comments, Mr. Speaker, as my colleagues. I support this amendment with some hes itation, because as the Minister has said, and I have heard now in his comments when he introduced the Bill, that you save for a rainy day. Well, certainly, this is not a rainy day; this is a very stormy period that we face. And it is the hesitation I have because I know that people—our people— need he lp. But also, I know that down the road, when you take money from the pension fund, if you cannot replace it, then you are putting yourself in a more precarious position than you would have been. And so, I think we all agree we need the help. And in this case, help is needed not because of any actions that we have imposed as Bermudians here, but of the virus and conditions that have been rightful-ly imposed by the Government to shut the community down to protect us for a period of time, and then gradually w e reopen again. I think, Mr. Speaker, we have to accept that, in spite of what some members of government will say, many people were struggling before COVID -19. And this change in our life, this drastic curtailing of our daily activities and in our abili ty to get out and work, has put us in a position that will take some time to r ecover from. So, it has magnified the challenges which many Bermudians face and it has certainly put a challenge on our doorstep that all Bermudians face at the present time. I can recall my comments that I made during the Pension Bill ,which my honourable colleague Pat Gordon- Pamplin referred to, in November, in that I said that, at that time with private pensions, we had been playing catch- up for the last 20- plus years since the private pension legislation actually came into force in 1997 with the Act, and 1998 with the enactment of the Act. Because up until that time there was always the Government’s Social Insurance Pension, which started a number of years before that, I believe, in the early 1970s. But private pension, by and large, only became law at that time and then many companies, actually because of the law, had to enact them. So, that means that in the past 20, going on 22 years, 3962 8 May 2020 Official Hansard Report
Bermuda House of Assembly probably, everyone by law had to contribute to a pr ivate pension. But many workers, especially if you looked at those workers who were 35 or 40 at the period of time when the private pension became law, those workers now, as they head to retirement, really have not amassed that large of a privat e pension because they only started halfway through their working career. So, anyone who was 35 or 40 when the private pension plan was passed would now be in a position where they are coming to their last few years —5 or 10 years —of their working career, a nd they are being forced by this pandemic to take money out of their pension plan, money that they desperately need, but they might need it just as badly during their retirement years. So, the catch- up on the private pension plan has not allowed us to be in a good position with many of those plans. In addition, if you take a look at the high cost of living in Bermuda, it will impact how the $12,000 is spent and, of course, it impacts seniors as they live in their retirement years with their pensions. We w ere grateful in the Opposition to have an opportunity to speak to the Financial Secretary and the Chair of the Pension Commission yesterday and get some background information on this Bill. And I thank the Minister for allowing that to happen. One of the parts of the overview by the civil servants was on the value of the pension funds. Now, of course, we all know that since the end of January world markets have crashed because of the advent of the pandemic., And while they have recovered some in the month of April, by all good es-timations, I would believe that most pension plans are still probably down in the region of 10 or 15 per cent after coming off those lows in late March and early April. And this means when people withdraw their $12,000, or 25 per cent when they retire, that means that they will be taking money out of a pension that has already lost some of the value and their earning power has been diminished because of it. So, all of these are considerations, Mr. Speaker, that in the short term the $12,000 can give people hope that they can meet some of the day to day pressing expenses, but in the long term, we still have to face up to the fact that we are going to have a problem down the road. So, this is a short -term fix, but in the immediate and longer term, it is a problem that will continue to be with us. Members have discussed briefly during the call, and so far in the debate today, that there will be the ability for paying back money when it is taken from your pension account. Now, Mr. Speaker, in my humble view, I believe that it would be a good thing to pay back, if we could, especially for younger members who might be able to access it, and then build up over time. But for older members who are facing their r etirement years, they might not be in a position to act u-ally pay back the $12,000 that they withdraw from that fund. So, that is something that we need to consider as we move forward. Mr. Speaker, there was a comment by the Honourable Member from the East End, MP Ming, who talked about an economic stimulus now. And I guess you could look at it in that way; however, the important part of this Bill is helping people who are in dire need. We have seen by the numbers of people who have applied for the unemployment benefit so far, that a signi ficant percentage of our population are now unemployed. And that number jumped quickly from the first week when the benefit was eligible to be paid until last week. Perhaps we will see some easing this week because certain companies are allowed to get back to work, which should help. But I am very loath to use the term “economic stimulus” because this is helping people and the money needs to be put to their basic necessities of life because unless we can r ebound quickly, the amount of “fast cash” (and that is a term I will use for the $12,000 that comes as a wit hdrawal from one’s private pension plan) will not be recouped and it will mean only that a smaller pension will be available down the road. Mr. Speaker, I should also note that unless we can rebound quickly, that $12,000 will come to an end and we still could be in a predicament as a community, because as it stands right now, I do not think there are many people who can say with any certainty when they believe the pressures of COVID -19 will start to ease and we could have a more normal lifestyle and a more normal economy coming back. While Gover nment has shown a four -phased plan, which I think has been met with a great deal of satisfaction by members of the community, and we are only in the first [phase] right now, the first [phase] in those Regulations show that it ends at the end of this month. So we do not know when we will get into phase two, phase three, phase four. We do not know when the airport will open up. We saw in the paper today that businesses are clo sing and the restaurant industry is going to be under a crunch. Until we can open up our economy again, until we can employ a vast majority of people in this country in the hospitality industry, this fast cash will dry up and we will be in a di fficult position again in six weeks, or eight weeks, or three months down the road. So, any economic stimulus by this fast cash is something that we need to be very wary of because, by any means, we are not out of the fire yet. Government has been good wit h the unemployment benefit, which only lasts 12 weeks. This abi lity to withdraw [from their] pensions is something that can carry people through a small period of struggle. But at the end of the day, we are still going to have this struggle with us through much of the rest of the summer, and we are going to need more [initiatives] to help our people through [this pandemic] who are
Bermuda House of Assembly struggling at the present time and who will draw on this $12,000. So, while I applaud the Government for coming forward with this initiative, and it is something that the Minister has alluded to which has been used in other jurisdictions today, we saw very similar [legisl ation] in Cayman, where the Bill reads fairly close to our Bill, other than a $12,000 withdrawal, theirs is a $10,000 [withdrawal]. They had the 25 per cent dra wdown for retirees. This is a template that has been used i n other jurisdictions , but this template in itself is not going to be a cure for the problem that we have. The problem will continue on, and we need to be pr oactive in other areas t o save those people who are not going to be able to get back to work in hospitality. Mr Speaker, we need to be real . And to breathe confidenc e into people going forward , we need to lay the problems out in that t he tourism industry, our hospitality sector, is going to struggle for a number of months . Many people are going to be wit hout work , and we need to prop those people up, help those people out until we can get them back to work . This pension is a start for some people, but it will disappear quickly when their everyday expenses get to them week after week after week when they cannot go back to work . Now, Mr. Speaker, i f you take a look at the two portions of the B ill, the $12,000 drawdown and the 25 per cent for retirees , the 25 per cent, which I understand the retirees can take out on their retirement age, this will be overseen by the Pension Commi ssion. The $12,000 withdrawal from somebod y’s pension I understand will be overseen, as the technical officer said yesterday, by the private pension admini strator s. And so I have a question to the Honourable Minister , a couple of questions to the Honourable Mi nister: B ased on what we have seen in other jurisdi ctions , specifically Cayman, which we seem to be following to some ext ent . . . and I would like to see it be the other way around. I would like to see Bermuda be the leader and not the follower, but that is a subject for another day. In the case of Cayman, we have seen private administrators who have been besieged by the number of applications to deal with. So I would ask the Honourable Minister , are we going to be able to fasten any timelines to an application and how quickly it can be processed for those individuals to get money? I think we also have to reflect on and cons ider, Mr. Speaker, that although in many areas working from home has been successful and has managed to keep reasonable parts of our economy ticking , such as international business, and those who can work from home, in a case like this it could be a timel ine drag for those who are in need. I would ask the Honourable Minister, when he gets a chance to wrap up on this, to provide some type of understanding to Honourable Members of the House on what policies are being put in place to allow the private adminis ters to do the work they need to do, based on what I believe will be a very significant number of applications, and how soon that help can be there. Because we do not want to see applications take a month or six weeks, because then people will get further in the hole, a hole that they might not be able to recover from. So, Mr. Speaker, as I wrap up let me just make two more comments. One, reflecting on the i nteresting comments from the Honourable Member Scott, who spoke just before me, who said that we should be looking at those who caused this virus — and I expected that type of conversation from the Honourable Member because lawyers like to get into that battle. B ut, Mr. Speaker, I think trying to go after those who we believe are liable, as a small communi ty with immense challenges taking care of our own pe ople, and knowing that every time we help somebody now, going forward, we are borrowing and we have to pay back that borrowing, would create a bigger liability for us going forward. I think that we shoul d allow the superpowers of the world to take their shot at those who they b elieve have caused this virus and hold them account able. Bermuda, while we are a leader in many parts of the world in international business, in reinsurance, and in tourism —and Berm uda really is “another world” —we are not in a position to have our attention diverted to something that will just be a wild goose chase and a draw on our public purse. We clearly need to focus, Mr. Speaker, on the people who are struggling, and we have do ne a re asonable job at that so far with the unemployment ben-efit [and] with this pension step. But I will end on this note, Mr. Speaker. These two initiatives, and others that our Government has done, are not going to be the be- all and end- all, because the virus is not going to let up on Bermuda in the near future and we need to consider other policies to help those who are strug-gling amongst us so we can be proactive rather than reactive. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise Honourable Member Atherden. Would you like to make your contribution now? Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Can you hear me?
The SpeakerThe SpeakerYes, I can. Go right ahead. Hon. Jeanne J. Atherden: Good. Mr. Speaker, I think we all are starting to recognise that we are in a situation that none of us anti cipated we would [be in], and that perhaps when we started to look at the first pension change, …
Yes, I can. Go right ahead. Hon. Jeanne J. Atherden: Good. Mr. Speaker, I think we all are starting to recognise that we are in a situation that none of us anti cipated we would [be in], and that perhaps when we started to look at the first pension change, which is to allow people to have access to 25 per cent of their funds, that was bec ause people were finding it difficult 3964 8 May 2020 Official Hansard Report
Bermuda House of Assembly to live from the point of view of the high cost of living and that might have given them an opportunity to, if you will, try and tighten their belts or also to use the funds for some opportunities that were out there. Now we are in a situation where it is not just about trying to have funds to live off of, it is trying to make sure that you can actually live. And so we are in a situation where our way of life and what we thought we would be doing now is so totally chang ed. The Minister has had to try and do things to try and help those people who are hurting, those peo-ple who are out of work, those people who are no longer able to do what they did before, which is to have two jobs which enabled them to make ends meet. Now they have to turn around and have no work, if you will, and have to stay home and at the same time they have to try and stay safe. So I a pplaud the Finance Minister for turning around and making a programme so that people who are out of work who are hurt ing could be able to draw on unemployment insurance. I also have to recognise that he has tried to do something to help individuals by beefing up the fina ncial assistance. But he also is between a rock and a hard place in the sense that he cannot give all this money away without realising that he is going to have a budget which is going to have losses in revenues and, therefore, he is going to have greater deficits that he had not encountered. So, from my perspective, he has come up with what I call a creative way to allow people to get some relief, a creative way by allowing them to have access to their own funds. So by allo wing people to have up to $12,500 on a once- off drawdown, that is definitely a way that some people will be able to be helped out. But I do think that, as some of my colleagues have said, it is important to understand that when you start to draw down and take monies from your pension fund, you have to understand the knock -on effect. B ecause too often people do not realise that the pensio n monies are supposed to be there for their retirement and that once you take the pension monies away from the fund, you lose some of the future benefits of it be-cause, even though right now the interest rates are not high, if the market recovers then the return on those funds by the time you retire will be greater. So I do think that it is important for people to understand that this is an option that they might take up, but they have to understand, [they have to] weigh it up in terms of the other options. I know in the past that I have seen people draw down on the funds when they were able to take it out for medical expenses or mortgages or education expenses. People have drawn those funds down, and they have not always understood that if they do not bring it back in again then later on they are going to find out that the pension that they thought they were going to have is so much lower. So I think it is i mportant that people recognise that even right now, by the age of 55 people should be starting to do financial planning. They should be starting to think about reti ring. They should be starting to think about what is it that they need to do. So often, unfortunately, because remember when Bermuda was really booming, people had these jobs, et cetera, people were not making voluntary contributions. They were not putting monies in there that if they had put in there they would be able to draw down. I am saying that, not because I do not believe that people are hurting; but I also believe that when they have to make this decision about whether they want to take advantage of this opportunity to draw the funds down, they think about, Do I really need to do it now? Because if they can figure out another way of tightening their belts, spending less on some of the other things so that they can find it in another way, they will realise that ultimately it will pay off. Now, I know, Mr. Speaker, that we have talked about Bermuda, we have talked about how long this situation that we are going to be in is going to last. And I think, you know, that we all have to think about the fact that we can help ourselves in this respect, in that, the quicker that Bermuda bends this curve and the quicker that we can get out of this, then the quic ker that we will be able to come up with a way to start to see something happening in terms of the economy. And I just looked at this, and I just hope that people follow the guidelines to help Bermuda bend the curve and get us up again, open for business. And the reason I say that is because I w ould have never thought that when we used to say with pride that Bermuda was known to be a safe place and that lots of people would come here, I never thought that you would have to talk about hoping that we could be known as a safe place from a health per spective r ather than from a crime perspective. But now we have to recognise that we still have the benefit of being close to the USA, but if we are going to turn around, if we are going to get more tourists here, if we are going to turn around and get our businesses up and running, we are still going to have a very different model. And the model is going to need for people to turn and bring the cost of living down and for people to realise that we are going to have to do much more with less. So while we are looking at this pension opportunity, I just want to make sure that for those people who need it, if they weigh it out, if they have some opportunity to discuss with their family what they are going to do with it, why they need it, then it is there for people and they understand and it is an opportunity for them. But for other people, if they are able to forgo it, if they are able to say, I am going to hang on a little bit longer because I know in the end pensions are put there for when I retire, t hat they will turn around and try to do that, try to hang on a bit longer. Right now we had situations where people were working longer to try and get some more salary, making sure that they would have a higher pension.
Bermuda House of Assembly And if they take this out, they are effectiv ely cutting off some of their pension that they are going to have later. The Finance Minister knows that he is not able to give something to everybody. The unemployment i nsurance has restrictions on it. And financial assistance has restrictions on it. So no t everybody is going to qualify, but I do think that . . . and I appreciate that this was a way of him saying, Let me unlock some of the money that belongs to the people— and I say “belongs” in the sense that the pension [funds] which have been put in ther e has been in for their account so that it can grow and it can be there for when they retire. So (quote/unquote) , “it is your money” to some degree; but it is your money with a purpose. And therefore I think people need to think long and hard about whether this is what they need to do at this point in time. When we had the consultation with the Mini ster, I appreciated that the Finance Minister was there and the pension commissioner was there to give us some idea. And, as I said at the get -go, I know that the Finance Minister came up with this because he realised that he has to try and do this to try and help some of those people who are hurting. But I would hate to think that some others who could tighten their belts, some others who could say, I am going to hang in there longer, actually take advantage of this and then find out that it was a short -term gain that had a long-term negative consequence. So I think it is important that we try and raise these things, not because we are saying that we do not unders tand and we are not supportive of giving help, but if we do not turn around and make people realise that there are other considerations that they have to give, and make sure that those who do not need do not take it, and therefore those who need it, do, and make sure that when they do they use it to the best of their ability, whether it be . . . I know that there was talk about w as this going to be enough for som eone to use it as a way to jumpstart a new programme or jumpstart some sort of venture. I do not know, with the size of the money, whether that is even viable. But whatever they are going to use it for, I think people have to recognise that it is something that has some long- term consequences and, ther efore, the short -term benefit . . . they need to be sure that they are not able to make . . . they are not able to, if you will, hang on for a little bit longer. I think the only other thing that I just want to reiterate, Mr. Speaker, is the fact that for a long time people used to make voluntary contri butions. And I am just amazed at how much people have stopped doing that. You had Bermuda that was going through a real, what I call . . . you know, we were on a roll in the sense that the economy was booming, people were here. We had lots of jobs. As I said, people were making lots of money. People did not understand about pensions and contributions and putting money aside, money that they could have used. So now we are all in a situation where people have to stand back and say, Okay, what can I do? I have to eat. I have to live. I have to turn around and who knows how long this is going to be. So I am not surprised that the Mi nister has come up with this [plan]. But I do think that it is important that anybody who takes advantage of this understands that i t has some consequences. And I do think that it is i mportant, as we go forward, that those people who can help out, those people . . . because when I say those people can help out, because I know before when it first started, when people used to do things for medical or mortgage or education [reasons], many times they were doing this for education for their children or their family members, et cetera. This is the time for people to turn back and say, Okay, let me remember those who helped get us here. Let m e remember those people, whether they are my granny or my aunt or whomever else, who took some money out of their pension fund to turn around and help me go off. And many times I have seen, Mr. Speaker, where those people . . . nobody came back afterwards and said, Okay, not only am I going to give you the money back, but I am actually going to give you more money back. Because people do not realise that when you take it out you lose. You lose what it would have gained if it had been there. So I would like to think that people who can help their families will look at doing that because that is what it is all about. It is about helping those people who are important to you. And if you can help them hang on a little bit longer then that means that the life cy cle that we have from the point of view of people hurting, that perhaps we can shorten it. And as I said earlier, if people can just decide to follow the guidelines of the Minister of Health, that we have to bend this curve so that we can turn around and B ermuda can get out of this, because getting out of this is the way we are going to turn around and start to have our economy start to come around and hope that we can have some jobs, that these individuals will be able to turn around and get . . . and even if you already have a job but you are finding it difficult, and you are going to think about using this opportunity to get your $12,500 out, I think we have to understand that it is not the answer for everything. It does have some negative sides to it and that is why we are rai sing this concern about making sure that people think about it very carefully before they decide to take advantage of what the Minister has said. I mean, with respect to the administration, I understand why the Finance Minister has said to let it be handled by the plan administrators, because they are the ones who can guide people in terms of the private pension, as opposed to the pension commi ssioner. And I understand why it is important that peo-ple have to fill in forms and people have to make sure that when they take it out that they have not just dotted the i’s and crossed the t’s, but it makes them . . .
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Bermuda House of Assembly when you start to look at that, although people do not have to tell . . . they do not tell them why they are taking it out, bec ause that is their private business. But at least it makes them focus on what they are doing and why they are doing it. In the past I think people would try and exhaust every other opportunity before they would go to the bank. Well, this is like going to the bank in some respects. This is your private bank. So if people would think about going to their private bank, try not to go there. Make it be your last resort, because in the end you are going to lose something from the point of view of not having thos e funds when it comes time for r etirement. Thank you very much, Mr. Speaker. I am done.
The SpeakerThe SpeakerThank you, Honourable Member. The next Honourable Member on the list is Honourable Member Tyrrell. Honourable Member Ty rrell, would you like to make yo ur contribution?
Mr. Neville S. TyrrellGood afternoon colleagues, and the listening audience. Mr. Speaker, I will be brief in my remarks . Much of what I would like to have delivered has been said on this matter by my colleagues, in fact, on both sides. Firstly, my Honourable Member Renee Ming touched on a lot …
Good afternoon colleagues, and the listening audience. Mr. Speaker, I will be brief in my remarks . Much of what I would like to have delivered has been said on this matter by my colleagues, in fact, on both sides. Firstly, my Honourable Member Renee Ming touched on a lot of the points I wanted to say. And secondly, I would like to publicly say that I could pro bably stand for the first time in public with the Honour able Member Gordon- Pamplin, on some of the things that she said. Partially, though, I will admit that. Let me start, Mr. Speaker, by commending the Minister for bringing this Bill for our consideration. Mr. Speaker, these are some very unusual times; in fact, unprecedented times. And this is when difficult and outside the box decisions have to be made by this Government, so again, I say the Minister of Finance has actually set down his worth on this. I therefore support the Minister and his technical colleagues for producing this Bill for our consideration. Mr. Speaker, when we debated the National Pension Scheme (Occupational Pensions) Amendment Act in November, I said some things. And I am going to be consistent in what I am saying today with [what] I spoke on the previous amendments. That is, I will again counsel those plan members who are considering taking up this offer, to give it some serious thought. It already has been stated as to why. But I say this, having had some past experience in the pe nsion industry, as does MP Pearman, that this offer that is on the books right now, is something that needs to be looked at. Pensions, really, under normal circum-stances, Mr. Speaker, are really meant . . . and it has already been said. They are to be drawn from on r etirement, which we all expect to reach, you know, and we will put our feet up after having worked a number of years at whatever it was that we were doing. But it could be possible that, as retirees, these persons may not have other regular income as some may have and some do not. So again I will repeat, if you do not have a very desperate need at this time to withdraw from this $12,000 offer, or up to, I would certainly counsel per-sons not to do it. I have spoken to pers ons in my constituency who asked my opinion on this before debating it today, and I have shared with them and I have told them how best to look at things. So I would certainly have been considering maybe withdrawing only a portion of it. Yes, it is $12,000 that is on the table right now. But I would s ay that if the need is there, then take a portion; do not take all of it. I understand, you know, times are hard. As I said, I speak to my constituents on a regular b asis; I know what they are talking about. I am not wal king in their shoes, but I understand what they are doing and especially during this period of the COVID -19 pandemic. Things have just possibly gotten a lot worse for some people. But one of the things I want to say is that, as the saying goes, This too shall pass. We want to come out of it at the other end, hopefully stronger. Because, you know, the piper will still need to be paid at the other end anyway. Mr. Speaker, I also want to wish that plan members, no matter what their decision is on lo oking at this drawdown option that is being offered, should also get familiar with their existing plan rules. Some people have not taken the opportunity of looking at their plan rules and what it offers. So when I say that, I would certainly suggest that t hey look at their monthly statements. They do not have to look at it every month because sometimes between three or four months there is not a lot of change and things. But get into a habit of looking at it regularly. Even if it is just to ensure that your contributions that are being deducted from you are being matched by your employer. So, you know, there are things like that that you have to look at. Or just to confirm that your contr ibutions are actually being [handled] within the plan regulations, meaning that they are being turned over to the plan administrators. So, again, that is what I would certainly take out of this. Also, people have to understand that when they are nearing retirement, they will also have the opportunity . . . and I only mention this because the word “annuity” was mentioned earlier by Honourable Member Moniz. And I would like for people to under-stand that taking out an annuity is not the only post - retirement product that you can look at. So, be smart in your consideration, plan members, those who are considering this option.
Bermuda House of Assembly Mr. Speaker, I said I was going to be brief so I am going to say, in closing, again, I wish to commend the Minister for tabling this Bill with the amendments. I feel that it will be a benefit for some who really need it. [To] those who, you know, can actually do without do-ing it at this time, because there is a price to pay later on, I would certainly say, do not do it. I understand. I know people are hurting right now and may not have any other income to rel y on, and all this is probably as a result of what is happening during this COVID -19 pandemic. But, again, I think better days are going to come. If people can hang in there, I suggest that they do. But, finally, as I said, I do commend them for the Minist er for looking at it in this light. Mr. Speaker, I thank you for the opportunity, and I will end here.
The SpeakerThe SpeakerThank you, Honourable Member Ty rrell. Honourable Member Ben Smith, would you like to make your contribution now?
Mr. Ben SmithYes, t hank you. Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. Go right ahead, Honourable Member.
Mr. Ben SmithI would like to lend my support to this amendment. Obviously, we are going through a time period that none of us could of even imagined. Not just the fact that we have this pandemic ravaging the world and taking the lives of loved ones locally and changing the way …
I would like to lend my support to this amendment. Obviously, we are going through a time period that none of us could of even imagined. Not just the fact that we have this pandemic ravaging the world and taking the lives of loved ones locally and changing the way that we do everything in our day -today lives, but the impact that it is now having on our financial basis. So, the decisions t hat are being talked about in the background and now the decisions that are being made here are going to be difficult ones. Difficult ones made by the Government in consultation with all the stakeholders, and also difficult decisions that are being made in households all across Berm uda. I would like to paint a picture of somebody that might be in the situation that lends them to have to use what we are going to be providing today. For someone who was getting up every day and going to work and doing their j ob to the best of their ability so that they could make ends meet to take care their family and their loved ones, and in a lot of cases potentially not being able to quite make it, prior to being in this position that we find ourselves in today. When that person then found themselves in a position where they were laid off, had a hard time covering bills prior to this, and of course really at an extremely difficult time having a savings, and now this pension money that was put aside would have been something they could use in their later years when they were able to retire, now being laid off and having to use the funds that have been provided by the Government and figur-ing out how they are going to use those funds to pay for food for their family, to pay for their rent. The next thing that happens is we have heard there is a deferment for some payments, when it comes to BELCO bills and other utilities. And what we have seen is that we are actually just pushing those bills into the future, and at some point they are going to have to pay those. And those are the people who are now going to have to look long and hard about making a decision whether they are going to have to draw down this $12,000 to pay those bills. The tough pill to swallow is some of those bill s that they are going to pay to BELCO, or for health insurance, or for those pieces, when you see in the Royal Gazette that some of those entities are carrying profits while we are in this situation, and we have these people suffering, and now they are goi ng to have to actually dip into their future [savings] in order to pay these bills that are actually going to be used as profit, that is a difficult pill for me to swallow and, I know, for people who are sitting at home trying to make the decision on how t hey are going to survive, considering that none of us know how long this process is going to take. And as those bills continue to build up, they are going to burn through the money that they are getting access to right now. I understand that all of us want to think of somebody having the ability to not take this money because of what it is going to mean for their future. But if you are one of those people who is in that pi cture that I just painted, I do not think they have that option. I think this lifeline that is being given today is going to be an option that they are going to have to take because if they do not, the alternative is not something that they can accept for their family. So, for that reason we have to support this first step on how we are go ing to protect that group of people. But we need to make sure that we are figuring out a way to maybe protect them in other ways also so that they are not burning through the money that was going to help them in their future to pay for profits today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. This time I would like to call on the Honour able Member Swan. Honourable Member Swan.
Mr. Hubert (Kim) E. SwanI want to take this opportunity, Mr. Speaker, to thank the Finance Minister for 3968 8 May 2020 Official Hansard Report Bermuda House of Assembly bringing this measure forward today. It has been said by everyone that we are in a position in this country and around the world like …
I want to take this opportunity, Mr. Speaker, to thank the Finance Minister for 3968 8 May 2020 Official Hansard Report
Bermuda House of Assembly bringing this measure forward today. It has been said by everyone that we are in a position in this country and around the world like never before. Certainly, ha ving had a little bit of experience with the recession in the early 1990s, involved in a government department as a general manager, and certainly the recessions that followed since, in 2007, 2008, 2009, that period when I was Opposition Leader. Those particular occurrences pale in comparison to what we are having to deal with today. My contribution to this measure that has been put in place because of these unprecedented circum-stances that are confront ing the country is that more than ever before we need solutions to be offered. I have heard some solutions being offered; some not being offered. But I say this: Bermuda, in particular, because that is the jurisdiction that we preside over, our people across the board must look at recalibrating their priorities. The $12,000 from one’s pension fund will be of benefit and a greater benefit if one can pr ioritise the best way in which to put it to good use. And from that point I think we owe it to them to come up with suggestions and recommendations as to how to go about making that a reality. We have seen persons queuing up in great numbers to spend, and of course, retailers and the like who are feeling the pinch, and some are very threatened, their very existence is threatened. But families also need to look at what is threatening their future. Does a family need all the modern conve niences that are available if, at the end of the day, they cannot afford it? Would traditional reading be of ben efit? We have seen ourselves forced to spend more time at home, spending less time on our roads, and our air is cleaner as a result. Some of the difficulties that we are experiencing are causing other things to manifest themselves in our jurisdiction and across the world. I remember some advice that I received from my deputy chairman when I was the general manager of St. George’s Gulf Club an auditor by trade . Mr. Frith from St. George’s said to me, Make sure that it doesn’t go out the backdoor. Meaning that you are going to have to trim your sails, meaning that you are going to have to find a way to make sure that your expenses are a little bit more—far more—manageable. Households are going to have to do that as well. And we have seen in some instances where deferrals of pay ments for mortgages have allowed families to be able to do just that —recalibrate what the future will be in July and August. I would encourage families as this opportunity [presents itself] to have some funds made available through these measures, to make those types of dec isions for future bills that could contribute to the fast evaporation of these funds. And I would encourage those who have financial wisdom and have the knowledge on how to stretch a dollar, to make avail able, whether or not it be through this medium that we are here today [utilising] or other mediums, to offer persons good financial counsel. Now is the time for us to come together as we have done [for] a hurricane. Now is the time for us to sustain that type of spirit. Now is not the tim e for one- upmanship. Now is the time to give our country some real support which is required. Mr. Speaker, during the recession of the late 2008, 2009, the Government of the day had to dig deep and make sure persons could survive as best they could. And t his situation is far worse— no making of anyone in any boardroom. Let us look at the pos itives that we can draw from these difficult times and let us, as a collective, work together. Let us put helping people above profits. Let us collectively figure out how we can work toward the citizenry of this country, which, by world comparison, is not a lot of people when you really think about it. A population of 65,000, which includes persons who are working here from overseas, in the scheme of things is a small city, at best, in any metropolitan community. It is not a New York City; we are not an Atlanta. And so from that if we can be forged to take our collective knowledge in a spirit that I must give kudos to the third sector, and all those who are participating with the third sector in our country to feed persons who even before COVID -19 were finding the going difficult. Mr. Speaker, the compassion that has been permeating through the third sector needs to be ex-tended across the board because the one thing that this pandemic has shown us is that it can show up again, and we have to be ready and far more equipped, similar to the way in which jurisdictions like Taiwan did, which had direct experience with SARS in the early 2000s. They were far more prepared for what is taking place in their jurisdiction today. They rely on international business and tourism very much the way we do. So in closing, Mr. Speaker, I support the efforts of our Finance Minister, a very capable Finance Minister, who, unlike other Finance M inisters, does not have a handbook or a guide to deal with the situation which is before us today. And even in the halls of the educational institution that he graced in Columbia [University], there was no course in how to deal with a pandemic in an econom ic situation, I am sure. So those in our community who have the resources, like the example set by Dr. Weldon who came home to use her expertise in her homeland, let those who have the knowledge in financial resources use it to help those at every level in our society, Mr. Speaker. That is my contribution today.
The SpeakerThe SpeakerThank you, Honourable Member, for your contribution. I appreciate that. We now recognise the next Member who would like to speak. It is Honourable Member Cole Simons. Bermuda House of Assembly Honourable Member Simons, you have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, a lot has been said — [Inaudible interjection]
Mr. N. H. Cole SimonsOkay. So I will be very brief. Mr. Speaker, this COVID -19 pandemic is very similar to a tsunami. It comes in and it is catastrophic to the coastal communities. It does its damage both economically and physically, healthwise, to infrastructure, and then it goes back out. And sometimes a …
Okay. So I will be very brief. Mr. Speaker, this COVID -19 pandemic is very similar to a tsunami. It comes in and it is catastrophic to the coastal communities. It does its damage both economically and physically, healthwise, to infrastructure, and then it goes back out. And sometimes a second wave comes in, and that is where we are at today in regard to the COVID -19 pandemic tsunami. The similarities are very, very striking. And we have to manage that in two lanes: in the health care lane and the economic lane. And quite frankly, look ing at the health care I think we are doing better in the health care lane than we are doing in the economic lane. It will take a while to recover economically because of the devastation to tourism, the hotel industry, retail business. They employed the most people in our community. And those people, as was said earlier, are really, really hurting. And that is all part of the impact of this tsunami, Mr. Speaker. Mr. Speaker, we know that it is a difficult job to work our way out of this situation. But we as a country have faced many challenges before, and we will continue to face challenges. We will get through this. As was said in a number of articles that I read, the markets will be back, will begin to recover at the end of the year. The markets will get back up, the economies will begin to make a rise. And so I have no doubt that we will get past this. And what is encouraging is, as someone said earlier, the volunteer sector of our community has done a sterling job in getting together their resources to make a difference, to do their bit to make it work. Whether it is feeding people, whether it is health care people, whether it is helping around people’s homes, the community has come together like they always do when there is a catastrophe. So, general ly speaking, that is my overview of how I feel about where we are at today. I would also like to commend the health care people who have done a sterling job under extenuating circumstances. To the people in grocery stores who are working dil igently, I salute them. Our [Royal Bermuda] Regiment, our [Bermuda] Police Service people and other first responders, again, I want to salute you and commend you for the work that is being done. As for the legislation, Mr. Speaker, yes, it is obvious that, you know, we are going to take money out. But truth be told, a number of our people are really, really suffering. So I support this endeavour. Yes, it is a short -term solution. People will need support now. I read an article in today’s paper which basically said the av erage $12,000 that is going towards a hous ehold will be gone in three months’ time, and that the people, if the economy is not turned around, will be back to where they are now. So it is just a short -term fix. And hopefully, by then, in three months’ time, our economy will be in a phase where it has begun to open and we are able to put more people back to work, Mr. Speaker. Mr. Speaker, as for the legislation before us today, I do have a few concerns. And someone men-tioned it earlier. This $12,000 hardshi p payment will be managed by the pension plan providers here in Bermuda. The question that I have is in respect of the process. As the Honourable Michael Dunkley said earlier, these service providers are going to be overwhelmed with the numbers. And so we need to make sure that they are adequately prepared for the service that they are to provide to the people of this country in respect to helping them in their distribution of this $12,000 hardship award. Now, my first question is this: Has the Go vernment had the opportunity to meet with these service pension providers to walk them through the pr ocess to let them know that they may have some di scretion in regard to these payments to individuals? The legislation said that the payment is for hardship. Well, M r. Speaker, everyone who applies for the har dship award has to complete an application form — name, address, you know, why, and how the funds will be applied. And so the question becomes, If I fill out an application and I say, I would like for these funds t o be used for my living expenses; pay off my child’s (who is going back to school in September ) school fees; I would like to help my grandmother with her health care in her seniors residence; I would like to also use that money to pay off my car loan so that I will have no debt going forward . . . so at the end of the day you will have an application form which bas ically provides details, and also provides details on how the funds are to be used. So my question to the Minister is, Will the pension provider s have the ability to decline these applications if they do not feel that the funds will be applied for hardship? Yes, we will say that the funds will be used to pay for my electricity bill, to pay for my groceries, to pay for health care. Those are obvious ones. But other ones like, I am going to apply the funds to pay off my car loan so that I will not have any debt in the future, would be questionable. How will the service providers manage those cases which are on the borderline? I do not want to envisi on a situation wherein an applicant or a number of applicants go to their ser3970 8 May 2020 Official Hansard Report
Bermuda House of Assembly vice provider and they say, Okay, I am eligible for $12,000 from my pension based on the legislation passed in the House of Assembly on May the 8th, 2020. So may I please have my [$12,000] and I am going to use it as a hardship. And we have a service provider respond, I’m sorry, sir, you do not qualify based on how you wish to use these funds. So there is an element of discretion that is providing me with concern. I would like to have the Minister speak to that. Is the application just gathering information and iss uing the $12,000; or are we going to truly have the service providers use discretion in making the payment? Because, if they have discretion, they have the ability to say no in certain occasions, and I would like for the Minister to speak to that issue. Another issue that I would like to raise is just a question. Is it permissible for an applicant to make an application to borrow $12,000 on the fund, I think at a rate of 2 per cent or 3 per cent, and give it back to the fund in six months’ time? So it is not a full right of di stribution from the pension fund, it is a loan, and this can be accommodated for. Because in a way, that can be a responsible person . . . not respo nsible. That is the wrong word. A person may say, Well, instead of me taking my money out and having my long- term benefits compromised, I would like to borrow the $12,000 and put it back in six months’ time. Will that be permissible from a legislation point of view? And would the Minister basically give his blessings on those types of situations? Again, in lending . . . sorry, not in lending, in making the distribution of $12,000, obviously, we are speaking to a certain sector of the community. And my question to the Minister is: What will the minimum be to maintain the pension plan after the $12,000 distr ibution is made? Is it worth maintaining a pension plan that has $10,000 in it, or $20,000 in it, after we make that di stribution? Will the Minister provide clarity around what will be the minimum amount left in the pension plan after this $12,000 distribution has been made to an applicant? I think those are my main issues and . . . oh, yes, one other issue. Somewhere during this di scourse in regard to t aking the $12,000 out of the pe nsion plan, there was talk about investing the money in new business opportunities as part of our economic empowerment plan. Mr. Speaker, we know that a pproximately 40 per cent or 50 per cent of small bus inesses do not surviv e. And I take the view that, yes, we need economic empowerment for all of our people—our young people and our old people. But if we take the $12,000 out for investment purposes, there is a 20 per cent chance . . . sorry, a 50 per cent chance that this mone y will be gone within a year and there will be very little to show for it. In fact, if you start a business you will probably end up with more liability. So I would question why we would allow such withdrawals to be allowed when there is a possibility that if you invest in a new bus iness venture or opportunity it may in the long run leave you with more hardship and more debt. So, Mr. Speaker, generally speaking, I am very supportive of the initiative. But I believe that we need to be disciplined and be realistic in regard to the economic times that we are in and that the funds are used for hardship cases only and not for economic ventures which may prove challenging going forward. In closing, Mr. Speaker, as I said, this pa ndemic is like a tsunami. A tsunami of 2020 has hit many countries around the world. And Bermuda, like a coastal area, when they had a tsunami in Japan in the Pacific, the tsunami came in, there was colossal damage, there was catastrophes; lives were lost. But the water subsided, the tsu nami went back out and the people were able to rebuild the community. They were able to rebuild their families, rebuil d their homes, and rebuild our economy. So, Mr. Speaker, that same principle will apply today with COVID -19. In Bermuda we are a resilien t country . And we will get through this. It will not be easy. There will be pain. There will be death. There will probably be more death. But we will get through this and we, as a community, will be strengthened by it. We, as a people, will be strengthened by it. We, as a country, will make it wor k and we will live to see the positive side of that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. We appreciate your comments. The next Member I will call on is the Deputy Opposition Leader . Honourable Member, would you like to make your comments?
Ms. Leah K. ScottSo, the coronavirus is no r especter of persons, Mr. Speaker, black, white, old, young, rich or poor. And while I have heard everyone speak about the technical parts of this piece of legisl ation, the reality is that the time has come for us to be our brother’s keeper. …
So, the coronavirus is no r especter of persons, Mr. Speaker, black, white, old, young, rich or poor. And while I have heard everyone speak about the technical parts of this piece of legisl ation, the reality is that the time has come for us to be our brother’s keeper. Governments are here and are established to help people. I agree with that. I believe that the Go vernment —and the Opposition has been very suppor tive of the Government’s initiatives —has done ever ything they can to facilitate the environment that can help our people. But the bottom line is that it is time for us as a community to step up and help our people. It is not about the Government. And we can sit here as Members of Parli ament and talk about predictions that are going to help us come together as one and be together as one and all of those types of things. But what we need to be
Bermuda House of Assembly doing as parliamentarians is adopting families and going out and helping people on our own. The Go vernment can only do so much. The third sector can only do so much. It is said that a rising tide lifts all boats. But if they do not have a boat, are we willing to let som ebody get in our boat? It might not have any oars, it may not have a life jacket, but are we willing to let them get in our boat? Like my colleague has said, people are borrowing against their future to pay for their present. And in doing so, they may have no future. At some point the Government is going to have to pay now or it is going to have to pay later because people may be withdrawing everything that they have. We do not know what our job market it going to look like. We do not know what jobs are actually going to come back. We cannot make assumptions that people can take loans from their pensions and then pay it back in six months because there may not be a payback. I think that I was challenged when I learned about the proposed amendment to the pension because, as MP Tyrrell said, you know, you save your money so that you can retire and kick back and enjoy your life. One thing that this virus has done is expose and further emphasise the income inequality in Bermuda and all around the world. But it has also em-phasised that we, and particularly us as black people, have to work better together to be more financially literate, to understand wealth building, to understand wealth management. To get a dollar you do not spend a dollar. And saving is not about how much you can save, it is about putting yourself in the habit of being able to save. So you save that dollar every week no matter what and you do not touch it. There have been comments about the stock market is going to rise and change but what if you do not have any stock? What difference is that making to those of us who are going to be most affected by the things that are going on? And so I think that we are not going to have a new normal, and we cannot sit here exp ecting to resume to normal. And the changes that we have to make are changes that we have to make as individuals. We have to be supportive of those who are hurting. You know, we talk abstractly about the things that we need to do. We need to do it. I need to do it —Leah Scott needs to help a family. The Speaker needs to help a family. The Opposition Leader needs to help a family. We each need to take it on. We do not need to rely on the Government and the third sector and other people who we deem to have th e money to make donations to help. We can all give up $50.00. We can all pay a BELCO bill. We can all pay a phone bill. We can all do those things. So, while I applaud the Minister for making this step, and I am sure it was a very difficult step for him t o make, particularly as someone who has worked in the finance industry and understands how important pensions are, and saving for retirement is, I also recognise that we have to help and support our people in every way that we can. And it does not just consist of making amendments to legislation to allow people to have access to monies; it also means that there has to be a collaborative and genuine community effort amongst all of us. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The last speaker I want to list now is the Honourable Premier. Premier, would you like to make your contribution? Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I will try to be brief, but I do have quite a bit to …
Thank you, Honourable Member. The last speaker I want to list now is the Honourable Premier. Premier, would you like to make your contribution?
Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I will try to be brief, but I do have quite a bit to say. And I know that today’s session is going to be long. The Whip was just joking— The Speaker: The clock is running, so as long as the clock is in your favour you can keep speaking. Hon. E. David Burt: Mr. Speaker, I was just hoping that I might be able to pop on over to t he Parliament building and get some dinner. Is that possible?
The SpeakerThe SpeakerI heard that everybody is coming over to your residence. [Laughter] Hon. E. David Burt: Understood. Understood. Mr. Speak er, before I get to my substantive remarks, I just want to commend the Minister of F inance for his continued expert work in managing the country’s finances through incredibly difficult …
I heard that everybody is coming over to your residence.
[Laughter]
Hon. E. David Burt: Understood. Understood. Mr. Speak er, before I get to my substantive remarks, I just want to commend the Minister of F inance for his continued expert work in managing the country’s finances through incredibly difficult times. Before the pandemic, of course, there was the issue of Morgan’s Point and the fact that he had to raise the debt ceiling and borrow $200 million to fulfil oblig ations there. And now he has had to search for additional money and additional relief inside of this partic ular period when we are dealing with what the country ’s response has to be to a pandemic. And so these are without question very challenging times for him, but I think that all persons realise that we are fortunate to have the Honourable Curtis L. Dickinson as the country’s Minister of Finance. This Bill itself is a simple Bill, and the Regul ations to follow are something that are fully necessary. But I think that it is important that we remember that we are talking about people’s own money and sa vings. Yes, these are meant for retirement. But cou n3972 8 May 2020 Official Hansard Report
Bermuda House of Assembly tries aro und the world have always allowed persons to access their pension savings in times of hardship, and even in Bermuda [this has been allowed], as we have had this for the last 10 years. There is one thing that I want to I think push back a little bit on, and it was the last speaker who I agree with most of her comments, and I will get to some of those things later. But the Honourable Deputy Opposition Leader said this whole issue of either w e pay now or we pay later. I do not necessarily accept that point, Mr. Speaker. Because the fact is that if persons are wise with the money they withdraw for har dship, and if they use it in a situation that can actually help to better themselves, I recognise that in some issues it is not, but when you look at things like educ ation where you take money out to invest in yourself, or you may take money out to, as other persons were saying, refinance a loan where you actually put yourself in a better financial position overall, these are things that can actually be helpful. So I do not necessarily accept that you pay now or you pay later , because the fact is that you could do certain things with the money that you withdraw that could put yourself in a better financial position. And I think that is the av enue of which we need to look this in. Also, I think that it is important to recognise that our economy is going to be incredibly challenged. So lots of countries are talking about things such as helicopter money and how do they get money to as many people as possible to make sur e that they can sustain demand inside of their economies so their economies do not collapse. Because it is far better to build back your economy if you only have a 5 per cent or a 6 per cent decline in GDP [gross domestic product] rather than building back your economy if you have a 10 per cent or 15 per cent decline in GDP. And so it is incumbent upon policymakers to look at what-ever tools are necessary and required to make sure they can prop up the economy. And giving people access to their own indivi dual savings to use, to invest to do things that will sti mulate the domestic economy, those things are wise and helpful. Just as a note, Mr. Speaker, the Honourable Minister of Finance in his brief said that there are abou t 27,000 persons in such types of pl ans. And if we look at these types of clients, Mr. Speaker, and we just assume that maybe 20,000 people were to access this amount of money that we have here, we are talking about a quarter of a billion dollars that can go inside of our economy. And when w e are looking at . . . for instance, when we are looking at not having planes and flights and cruise ships that are coming in, when we are looking at the amount of money that our economy is not going to earn in foreign exchange this year because of the challenge with the pandemic in which it puts towards tourism, this will fill that gap. And it is something that is necessary and essential for many persons to go ahead and to make sure to access this money. So the total pot of money at the end of D ecember was $4.1 billion. Now, certainly, the markets have declined since then and it depends where your assets were. The bond market certainly did rally, that is why we see interest rates at a record low. And persons who would have had their portfolios in fixed i ncome assets may not have seen declines as persons who may have been a little bit more aggressive and may have been in equity assets. However, if you look on a broad scale, Mr. Speaker, we are talking about possibly a pool of about $3 [million] to $3.5 milli on overall. Now, this amount that is being withdrawn at this point in time is a significant amount. But when we look at the total large big pension picture which we have, it is not something that is overall . . . And it is something that can apply to all residents where we can see people who might be doing things for har dship, but people may also be doing things to put themselves, as I say, in a better financial position, whether that is refinancing something small, whether or not that is paying off something that was attracting an interest rate of 8 per cent or 9 per cent whereas they are not having that, and maybe even to take that money of which they are using and then putting that back in their savings. So I think it is important along those lines. One of the things which is also important that the Minister of Finance has spoken about is the i mportance of making sure that we increase financial literacy. And I think that insofar as the access towards this, before we get to the point where we are going to give people the ability to access their own money in this way, we need to make sure that we are going to educate them on the best ways to use these types of funds, in the ways which will put them in a better f inancial position and not a financial position that is possibly a worse financial position. The Minister of Finance spoke about this during the Budget Debate. It is something of which I have spoken about. It is something of which was inside of our election manifesto. And it is something of which we have to continue to be committed to do. And I think that this time is an ideal time to make sure that happens. And the Minister of Finance assured his Cabinet colleagues that that would be part of his plan as we roll it out. I do want to make sure that I sa y that this is step 1. It will be recalled that in our party’s Delegates Conference speech insofar as our election manifesto and insofar as the statements of which were made by the Minister of Finance in support of the budget, is that before the pandemic t here was a plan to allow persons to access their pension funds, which I look at as money which is largely invested overseas, to bring that money back home so it can be put to use to buil ding and growing and investing inside of our economy.
Bermuda House of Assembly One of the impor tant things that we are talking about when we are talking about stimulating the economy is to get insofar as projects when we are talking about other things, whether it be construction and the like, which persons can access this money and that is something that will be coming in the future. So I think that it is important to recognise that this is just a first step. There will be persons who will say that this amount of money is not enough. Some persons will be correct and some persons may be i ncorrect, but the fact is that this is step 1. The Minister of Finance has proven himself to be very prudent. He does not act in a way that is irrational. He examines the overall issues. He takes account of the advice of which he is given and makes sure that we strike the correct and right balance. And I think that this first step is striking the correct and right balance. What I would say, Mr. Speaker, is that there have been some comments in this that we are follo wing others. But I reject that, because this is not about following others, this is about leading. And so different countries have different responses. Our response of course was a massive unemployment benefit which was introduced at the very beginning which was quick, direct and was given to support workers inside the economy who had been laid off. There were other steps to making sure that we were going further such as the massive support of which the Minister of F inance has given to small and medium -sized bus inesses in the amount of $12 million which will help those businesses and assist them greatly. As I said, different countries have different approaches. Some countries have chosen just to go to pensions. We have chosen to go with a broad gamut of issues to target employers directly, bus inesses directly , and now individuals so they can have the ability to have some relief as well. And just like we are leading the region in tes ting, Mr. Speaker, I think that we are also leading the region in the varied responses of which we are having to this particular pandemic. So there is more to come, Mr. Speaker. But what I would like to do again, in closing, is to commend the Minister of Finance for his con-tinued stewardship of the country’s finances in a very difficult time and I recognise that this strikes an excellent and correct balance. Thank you, Mr. Speaker.
[Pause]
The SpeakerThe SpeakerPremier. Premier, did you complete? Hon. E. David Burt: All done.
The SpeakerThe SpeakerOh, okay. It sounded like you just died off and you weren’t here. Thank you for your contrib ution, P remier. I do not have any other Members who have indicated they wish to speak, so I will call on the Mi n-ister of Finance to close out before we …
Oh, okay. It sounded like you just died off and you weren’t here. Thank you for your contrib ution, P remier. I do not have any other Members who have indicated they wish to speak, so I will call on the Mi n-ister of Finance to close out before we go to Commi ttee. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speaker, I would like to first start by thank ing my colleagues for their very, very kind words. I would also like to thank MP Gordon- Pamplin for her efforts to secure my vote in the next election because she is my MP. I want to assure her that I can walk and chew at the same time, and I view my job now as the equivalent of flying a fighter jet trying to land on an aircraft carrier in stormy seas and the lights are out and the landing gear is not working. So I take the point around delivering regulations and all that stuff, but we are sometimes forced to deal with the crisis at hand and sometimes some things slip through the cracks while we are working to deal with more imm ediate issues. I want to answer a number of questions that were asked today with respect to the regulations of legislation and how this is all going to work. In the first instance, we have decided to have the administrators be the ones responsible for the disbursements of funds which are requested by plan members with r espect to this withdrawal. This withdrawal was framed in the context of a hardship withdrawal, but it is a withdrawal that is available to any person who partic ipates in a pension plan should they choose to avail themselves of it. One of the things that we are very sensitive to is getting in the way of getting a fast result. And so inasmuch as we burden either prime participants or administrators with having to make decisions around accessing whether someone’s claim is legitimate or not, that only adds to the work that needs to be done and potentially delays pro viding cash in the hands of people who may have the need to have it. I will accept that there may be some folks who probably should not avail themselves of the $12,000, and my hope is that people will be judicious in availing themselves of this opportunity . There was a question about whether or not this $12,000 refund from your pension plan counts towards the number and/or frequency of financial hardship withdrawals. I have been advised that this is not the case here. It was mentioned of the decline in the markets which were clearly significant early in the year but there has been a bit of a rebound and year to date the S&P is down 9.7 per cent, whereas the Nasdaq is actually up 1.53 per cent, and so the mar-kets are rebounding nicely. There was a questio n about the timeline for getting applications approved and funds disbursed. The Regulations which will be tabled after we finish the debate on the amendment, speak to a 20- day turnaround time. I would mention that the 20- day tur naround time for this refund compares quite favourably to the 45 days that we relayed is the case in Cayman. 3974 8 May 2020 Official Hansard Report
Bermuda House of Assembly So I think this is a case where we are not following at all. But I want to talk about that point a little bit later. Member Simons talked about whether or not we should consi der a loan as opposed to a withdra wal. The idea of a loan feature is something that is currently being investigated, researched by the Pension Commission. But I would argue that in this case where we are trying to get a quick turnaround that the idea of kind of preparing loan documentation and having all those approval processes run would actually delay the recipients getting their money and it would actually add an administratively cumbersome process in a time when we are looking to get speed of execution. With respect to the comment about Cayman, I want to just kind of provide a little bit of context. The Bermuda pension regime is 20 years old. And the r egime currently has a number of features in it with r espect to providing for members to avail themselves of hardship withdrawals. The gamut of hardship wit hdrawal categories is fairly extensive regarding har dships with respect to mortgage payments, rent pa yments, health and education. I am advised that the Cayman legislation does not have any of those things, so I would challenge the contention that we are somehow following anybody. All we are doing in this case is adding to the menu of options available to plan participants in an effort to kind of make sure that our plans are as effective and responsive to the needs of plan members as possible. Mr. Speaker, I want to say that the Commi ssion is also working with administrators providing guidance notes around how to deal with all the aspects of processing the applications and necessary payments for plan par ticipants who decide to avail themselves of this option. I would add that most pension administrators ably use technology in the oper ations of their businesses and so I suspect that while they may . . . I understand the concerns around the potential volume of applicants who may . . . persons who may submit applications for withdrawals . . . I guess the best answer I can give on that is that time will tell how well the administrators are able to process any particular volume of applications. With that, Mr. Speaker, I would move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. We are momentarily going to have the Deputy Speaker in the Chair so that the House can go into Committee. We adjusted . . . you saw activity going on just now. We were j ust setting up there for the Deputy. And once the Deputy is …
Thank you, Minister. We are momentarily going to have the Deputy Speaker in the Chair so that the House can go into Committee. We adjusted . . . you saw activity going on just now. We were j ust setting up there for the Deputy. And once the Deputy is in place we will turn it over to the Deputy. Hon. Derrick V. Burgess, Sr.: Thank you.
The SpeakerThe SpeakerDeputy, are you ready? Hon. Derrick V. Burgess, Sr.: Yes.
The SpeakerThe SpeakerOkay. We are now in Committee under the Deputy [Speaker]. House in Committee at 5 :27 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole for further consideration of Bill entitled National Pension Scheme (Occupational Pensions) Amendment Act 2020 . Minister, you have the floor. Hon. Cur tis L. Dickinson: Mr. Chairman, I move clauses 1 through 5.
The ChairmanChairmanContinue. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the National Pension Scheme (Occ upational Pensions) Act 1998 to make related amendments. Clause 1 provi des a citation for the Bill. Clause 2 amends section 24 (Restrictions on refunds) to provide for refunds in the case of …
Continue. Hon. Curtis L. Dickinson: Mr. Chairman, this Bill seeks to amend the National Pension Scheme (Occ upational Pensions) Act 1998 to make related amendments. Clause 1 provi des a citation for the Bill. Clause 2 amends section 24 (Restrictions on refunds) to provide for refunds in the case of defined contribution pension plans and local retirement prod-ucts, of up to $12,000 for a specified period of time as prescribed. Claus e 3 section 35 (Small pensions) is amended to exempt multi -employer pension plans from the requirement to make payments to former members of the pension plan. Clause 4 amends section 19(b) of the Natio nal Pension Scheme (Occupational Pensions) Amen dment A ct 2019 by removing subparagraph (ii) relating to defined benefit pension plans. Clause 5 provides for the Bill to come into operation by notice published in the Gazette. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin: Yes.
The ChairmanChairmanThe Chair recognises the Honourable Member Pat Gordon- Pamplin. Ms. Gordon- Pamplin, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I thank the Minister for going through the clauses here. I also [INAUDIBLE ] his reBermuda House of Assembly marks because, yes, I …
The Chair recognises the Honourable Member Pat Gordon- Pamplin. Ms. Gordon- Pamplin, you have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Mr. Chairman, I thank the Minister for going through the clauses here. I also [INAUDIBLE ] his reBermuda House of Assembly marks because, yes, I am going to ask him for his [vote]. [Laughter] Hon. Patricia J. Gordon -Pamplin: But Mr. Chairman, I have one question, and that is in respect of clause 1 . . . sorry, clause 2 [new section 2 4(9)](c). And it says . . . this is where it brings in the issues of a lump sum in the case of a defined contribution pension plan or local retirement product up to $12,000. Now, the one thing that I am aware of in r espect of private pensions, occupationa l pensions, is that there is such a thing as a voluntary contribution. And while we have spoken earlier about whether there is going to be a loan . . . and I support the Minister in recognising that under these circumstances it is crit ical to get the money to the individuals as soon as possible. And we are certainly supportive of that. The question that I have is, If someone is able to, or decides that they want to take the entire amount of $12,000 to which they are able to have access to under this Regulation, and let’s say that once they have taken that drawdown they may determine that they only have need for $3,000, could they then put that difference back in as a voluntary contribution which is allowed under pensions (you can put in extra money)? So if they take out the $12[,000] and put back what they do not need immediately as a voluntary contribution, would that be permitted? I mean, I do not see that there is anything precluded based on the way the regs presently exist, but I just want to make sure that this is a possibility.
The ChairmanChairmanIs that your question? Hon. Patricia J. Gordon -Pamplin: Yes, that is the question.
The ChairmanChairmanMinister, would you like to respond? Hon. Curtis L. Dickinson: My understanding of the way clients currently w ork today, those persons who decide to make additional contributions into their plans have available to them the option of withdrawing those voluntary amounts as and when they choose to. So in …
Minister, would you like to respond? Hon. Curtis L. Dickinson: My understanding of the way clients currently w ork today, those persons who decide to make additional contributions into their plans have available to them the option of withdrawing those voluntary amounts as and when they choose to. So in response to the Member’s question, my suspicion is that inasmuc h as someone decided to avail themselves of the $12,000 withdrawal and wanted to, for a lack of a better term, repay themselves through a voluntary contribution, that would be permitted.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin : Yes, I just have one more [ INAUDIBLE] to take that one step further. Under the present $12,000 there is the indic ation that there are no fees to be deducted for this withdrawal of the $12,000. The one thing that …
Any further speakers?
Hon. Patricia J. Gordon -Pamplin : Yes, I just have one more [ INAUDIBLE] to take that one step further. Under the present $12,000 there is the indic ation that there are no fees to be deducted for this withdrawal of the $12,000. The one thing that if som ebody did take the route that I jus t spoke to under [clause 2, new section 24(9)] (c), that if they did put money in as a voluntary contribution and then take it out there would be fees that they would have to pay on those withdrawals. So I am not advocating necessarily, but it is a questio n of somebody being . . . if you do not know between now and June of next year whether you are going to take money out, it is poss ibility for people to look at it. And I just wanted to make sure that the Minister explains that they would not be acting ultra vires the law or the regulations. But other than that I am satisfied in that respect of clause 2.
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Mr. Chairman, I would need to review the rules or . . . this legislation deals with the $12,000, what I would categorise as the COVID -19 withdrawal option, inasmuch as a partic ipant decided to avail themselves of this option. The law that we …
Minister. Hon. Curtis L. Dickinson: Mr. Chairman, I would need to review the rules or . . . this legislation deals with the $12,000, what I would categorise as the COVID -19 withdrawal option, inasmuch as a partic ipant decided to avail themselves of this option. The law that we are passing today does not allow for the administrator to charge a fee on that withdrawal. Should the person choose t o avail themselves of the $12,000 through a different option, that may incur a fee. So my guidance would be that they need to make the withdrawal under the auspices of this law, this amendment.
The ChairmanChairmanAny further speakers? Hon. Patricia J. Gordon -Pamplin: Just, if I may for clarity, Mr. Chairman.
The ChairmanChairmanContinue, based on which clause? Hon. Patricia J. Gordon -Pamplin: Based on what the Minister has just indicated. So, I am saying, take out under t his clause 2 [new section 24(9) ](c), you ta ke out the $12, 000, there is no fee. That , I think , we …
Continue, based on which clause?
Hon. Patricia J. Gordon -Pamplin: Based on what the Minister has just indicated. So, I am saying, take out under t his clause 2 [new section 24(9) ](c), you ta ke out the $12, 000, there is no fee. That , I think , we agree with. The next [ INAUDIBLE] that we have is, if they [ INAUDIBLE] and then withdraw it, there will be fees that will be taken out. I just want —
The ChairmanChairmanThe Bill does not address that, Member. Hon. Patricia J. Gordon -Pamplin: Well, what I am saying is that looking at how people are going . . . we have no say over how people will utilise this money once they have withdrawn it.
The ChairmanChairmanMm-hmm. Hon. Patricia J. Gordon -Pamplin: And some may have need for it, and I just wanted to make sure that it was cle ar that if somebody chose that . 3976 8 May 2020 Official Hansard Report Bermuda House of Assembly Let’s take it back to Honourable Member Michael …
Mm-hmm.
Hon. Patricia J. Gordon -Pamplin: And some may have need for it, and I just wanted to make sure that it was cle ar that if somebody chose that . 3976 8 May 2020 Official Hansard Report
Bermuda House of Assembly Let’s take it back to Honourable Member Michael Scott’s comment in the debate of the whole [House] in which anybody who is going to deal with this is going to have to take good legal counsel, and that is all I would suggest.
Mr. Scott PearmanThank you, Mr. Chairman. Mr. Chairman, my questions all relate to clause 2 of the Bill and the insertion of a new subsection (c) [in section 24(9) ]. I have just three questions. The first question is, as I have understood it, is that this is . . . and …
Thank you, Mr. Chairman. Mr. Chairman, my questions all relate to clause 2 of the Bill and the insertion of a new subsection (c) [in section 24(9) ]. I have just three questions. The first question is, as I have understood it, is that this is . . . and thi s is addressed to the Minister, that these are for private sector workers or private sector pensions and that they are for people who are not yet retired. So that if you draw down the $12,000, referred to at [clause] 2 [new section 24(9)](c), you could sti ll draw down a further 25 per cent upon r etirement, notwithstanding that you took the $12,000. So that is my first question for clarification from the Minister. I might as well put all three, with your leave,
Mr. Chairman.
The ChairmanContinue.
Mr. Sc ott PearmanYes, my second of three questions is this: There was some confusion during the debate as to whether or not the drawdown of $12,000 or less is or is not linked to financial hardship. The Minister very kindly allowed us to meet with the pe nsion commissioner and with some …
Yes, my second of three questions is this: There was some confusion during the debate as to whether or not the drawdown of $12,000 or less is or is not linked to financial hardship. The Minister very kindly allowed us to meet with the pe nsion commissioner and with some of his Ministry of Finance team yesterday, and my understanding was that it was quite clear that this $12,000 is not —I repeat, not —limited to financial hardship. And I would just like clarification from the Minister that it will not be necessary to demonstrate to the administrator on an application that there is some additional hardship above and beyond the current COVID -19 circu mstances. Any my third and final question, Mr. Chai rman, is just that the Premier in his remarks referred to this as the first phase. And if the Minister could kindly elaborate on that, whether it is anticipated there will be a further round of pension release. Thank you, Mr. Chairman.
The ChairmanChairmanMinister. Hon. Curtis L. Dickinson: Mr. Chairman, in the first instance, no, the withdrawals in this case are not being designated as hardship. And the simple reason for that is, as I mentioned earlier, not to create a cumber-some process that requires some degree of adjudic ation. To the extent …
Minister.
Hon. Curtis L. Dickinson: Mr. Chairman, in the first instance, no, the withdrawals in this case are not being designated as hardship. And the simple reason for that is, as I mentioned earlier, not to create a cumber-some process that requires some degree of adjudic ation. To the extent that persons need to avail them-selves of the money, we want to give them the option to get to it as quickly as possible. To construct a pr ocess where someone would need to evaluate r equests adds additional time and complexity to deliver-ing money to people who may very w ell need it. With respect to the first phase, I announced I think last week Saturday that we are exploring oppor-tunities where people can access their pensions in an effort to procure money for a down payment on a first - time home or to start a business t hrough a loan to themselves wherein they would tap into their pe nsions, borrow money from themselves, be responsible for paying it back over some period of time at a rate of interest to be determined. The rate of interest would probably be less than what i t is that they could get at a local financial institution. This concept is not partic ularly new in the world. It is new to Bermuda. The 401(k) legislation which exists in the United States provides 401(k) plan participants with the option to borrow from themselves under cer tain circumstances. And we are looking at that legisl ation for ideas around how we could potentially repli cate that same concept here in Bermuda. I think I answered all of your questions, but —
Mr. Scott PearmanYou kindly answered my s econd and third, Minister. The first one was just that the $12,000 is not cumulative in respect of the 25 per cent drawdown on retirement, at least that was our understanding during the Q&A that you helpfully provided yesterday. Was that someone could tak e …
You kindly answered my s econd and third, Minister. The first one was just that the $12,000 is not cumulative in respect of the 25 per cent drawdown on retirement, at least that was our understanding during the Q&A that you helpfully provided yesterday. Was that someone could tak e $12,000 out now, but on r etirement could still take 25 per cent. I just could not see anything in the Bill or in the Regulations that a ddressed it, but I would be grateful for your confirm ation if that is the position.
Hon. Curtis L. Dickinson: I can confirm that availing themselves to the $12,000 in this instance does not preclude them from at a later date taking 25 per cent of their pension out at one time, when they retire.
The ChairmanChairmanYou had your hand up, you can speak. Bermuda House of Assembly Mrs. Renee Ming: No, I’m sorry, Mr. [Chairman], my hand was up from some time ago. That was when I spoke earlier on in the day.
The ChairmanChairmanOh, okay. All right. Are there any further speakers?
Ms. Susan E. JacksonYes, Mr. Chairman. It is the Opposition Whip. I have a question.
The ChairmanChairmanContinue . What clause are you speaking from?
Ms. Susan E. JacksonWe are doing . . . I guess it can be clause 3, the application.
Ms. Susan E. JacksonSo my question is with r egard to the withdrawal of the $12,000 and then being able to redeposit the money as a voluntarily contribution. I l like to ask the Minister what —
The ChairmanChairmanOkay. Hang on one second, Member. What particular clause are you talking from? That is not in clause 3.
Ms. Susan E. JacksonI am sorry, sir. The C hairman: Remember, we are in Committee.
Ms. Susan E. JacksonIf you would like to ask another person, then I will come back.
The ChairmanChairmanOkay. Any further speakers? Minister, are you . . . there are no further speakers. Whip, do you want to forgo so t hat the Mi nister can wrap up? [Pause]
The ChairmanChairmanYou can continue, Minister. You can move your clauses. Hon. Curtis L. Dickinson: Mr. Chairman, I move clauses 1 through 5.
The ChairmanChairmanIt has been moved that clauses 1 through 5 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 5 passed.] Hon. Curtis L. Dickinson: Mr. Chairman, I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that?
The ChairmanChairmanApproved. Hon. Curtis L. Dickinson: Mr. Chairman, I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment Act 2020 was co nsidered …
It has been moved that the Bill be reported to the House as printed. Are there any objections to that? There appear to be none. The Bill will be reported to the House as printed. [Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment Act 2020 was co nsidered by a Committee of the whole House and passed without amendment.]
House resumed at 5 :42 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020
The SpeakerThe SpeakerMembers, the Bill has been reported back to the House. Are there any objections to that? There are no objections to the National Pension Scheme (Occupational Pensions) Amendment Act 2020 being reported. It has now been put. That now m oves us on to the next item. The next item …
Members, the Bill has been reported back to the House. Are there any objections to that? There are no objections to the National Pension Scheme (Occupational Pensions) Amendment Act 2020 being reported. It has now been put. That now m oves us on to the next item. The next item is the consideration of the National Pension Scheme (Refund) (Temporary) Regulations 2020, again in the name of the Minister of Finance. Minister, are you ready to present?
SUSPENSION OF STANDING ORDER 23(3)
Hon. Curtis L. Dickinson: Mr. Speaker, thank you. Mr. Speaker, I move that Standing Order 23(3) be suspended to enable the House to be able to proceed with the consideration of the Order entitled the National Pension Scheme (Refund) (Temporary) Regulations 2020 proposed to be made by the Mini ster of Finance in the exercise of the powers conferred by section 24(9)(b) of the National Pension Scheme (Occupational Pensions) Act 1998.
3978 8 May 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you.
[Motion carried: Standing Order 23(3) suspended] [Inaudible interjections]
REGULATIONS
NATIONAL PENSION SCHEME (REFUND) (TEMPORARY) REGULATIONS 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the National Pension Scheme (Refund) (Temporary) Regulations 2020 for the consideration of Honourable Members. Mr. Speaker, the just -passed National Pension Scheme ( Occupational Pensions ) Amendment Act 2020 provided the authority to permit members and former members of defined contribution pension plans, and individual local retirement products to be able to voluntarily withdraw up to $12,000. The amended Act has already clearly set out the rationale for allowing these withdrawals, and these regulations provide the framework for applying the withdrawal and other related matters, such as the matter of making an application, applications, applicants having more than one account, statement of account, incomplete or defective applications, consideration of applications, d ecisions of administrators, payment of refunds, nonimposition of charges by administrators, administrator compliance, administrator recordkeeping, administr ator reporting to the Commission, and the commenc ement and expiration of the regulations and suppl ementary provisions. Mr. Speaker, applications for this type of f inancial hardship refund are primarily made through the Pension Commission. However, to increase eff iciency and timeliness of refunds, the applications for these refunds wi ll be made by the pension plan administrators. These regulations provide various checks and balances to ensure that applications are correct and that plan members only apply once in their lifetime and limit the withdrawal to not more than $12,000 for all accounts held by the applicant. Mr. Speaker, the Pension Commission is currently preparing guidance notes for the administrators to ensure that this process runs smoothly so that we can put money into members’ pockets as soon as possible. Mr. Speaker, the specifics of the proposed regulations are as follows: Regulation 1 is self -explanatory and provides for the citation of the Regulations. Regulation 2 inserts various definitions. Regulation 3 provides for those who can apply under the regulations and the time limit for making such applications. Regulation 4 provides for the process for applying for a refund. Regulation 5 enables persons with more than one account to submit an application for any or all of their accounts but limits the total refund to $12,000 for all such accounts. Regulation 6 requires a statement of account to be received from an administrator within seven working days. Regulation 7 provides for the handling of i ncomplete or defective applications. Regulation 8 provides for the consideration of applications by administrators and restrictions on a pproving such applications. Regulation 9 provides for the decisions of administrators and notification of such to applicants. Regulation 10 provides for the payment of refunds for any approved applications within 20 wor king days. Regulation 11 prohibits administrators from imposing a charge in performing their duties or r equirements under the regulations. Regulation 12 provides for the administrator’s compliance with the regulations notwithstanding any contrary terms of a pension plan or local retirement product and having regard to any advice or guidance issued by the Commission. Regulation 13 specifies the recordkeeping requirements by administrators. Regulation 14 provides for the requirement to submit reports to the Commission and the information contained in such reports. Regulation 15 provides for the commenc ement of the regulations. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. It is the Shadow.
The SpeakerThe SpeakerYes, Shadow Minister. Go right ahead. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. The regulations as articulated by the Minister, all from 1 through 15, are . . . have reduced . . . writing and descriptive exactly why I have no comments on the . . . sorry, …
Yes, Shadow Minister. Go right ahead. Hon. Patricia J. Gordon -Pamplin: Thank you, sir. The regulations as articulated by the Minister, all from 1 through 15, are . . . have reduced . . . writing and descriptive exactly why I have no comments on the . . . sorry, I have no comments on the Regulations themselves. And just to say that I believe that every consideration has been put into these regs and they are acceptable to us as the Opposition. And for that we have no objection.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? None. Minister. Bermuda House of Assembly Hon. Curtis L. Dickinson: Mr. Speaker, I move that said draft regulations b e approved and that a suitable message be sent to His Excellency the Governor. [Motion carried: The National Pension …
The SpeakerThe SpeakerAre there any objections to that? No objections. So moved. So done. This now brings us to the next Order [of bus iness] which is the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020. Again, in the name of the Finance Minister. Minister. SUSPENSION OF STANDING ORDER 23(3) Hon. …
Are there any objections to that? No objections. So moved. So done. This now brings us to the next Order [of bus iness] which is the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020. Again, in the name of the Finance Minister. Minister.
SUSPENSION OF STANDING ORDER 23(3)
Hon. Curtis L. Dickinso n: Mr. Speaker, I move that Standing Order 23(3) be suspended to enable the House to proceed with the consideration of the [Reg ulations] entitled the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 proposed to be made by the Minister of Finance in exercise of the powers conferred by section 24(9)(b) of the National Pension Scheme (Occupational Pensions) Act 1998.
The SpeakerThe SpeakerAny objection to that, Members? No objections. Continue on, Minister. [Motion carried: Standing Order 23(3) suspended] REGULATIONS NATIONAL PENSION SCHEME (LUMP SUM REFUND) (RETIREE) REGULATIONS 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 for the consider …
Any objection to that, Members? No objections. Continue on, Minister.
[Motion carried: Standing Order 23(3) suspended]
REGULATIONS
NATIONAL PENSION SCHEME (LUMP SUM REFUND) (RETIREE) REGULATIONS 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 for the consider ation of Honourable Members. Mr. Speaker, late last year the National Pe nsion Scheme (Occupational Pensions) Amendment Act 2019, provided (amongst other things) for a member or a former member of pension plan or local r etirement account to receive a refund of up to 25 per cent of their account balance, provided they had obtained normal retirement age, 65, and had retired. Mr. Speaker, the Government’s policy objective was then, and is still now, that retirees should have greater access to their pension funds in order to assist them with their financial needs and plans during their retirement years. Indeed, Mr. Speaker, such enhanced access is becoming more common amongst developed countries occupational pension schemes, and these Regulations provide the framework for applying for the refund and other related matters such as the matter of making applications, statement of account, incomplete or defective applications, co nsider a-tion of applications, determining the amount of the refund, notification of the Commission’s decision, recordkeeping, payment to an applicant, prohibition on the imposition of charges by an administrator, admi nistrator compliance with the regulations, commenc ement of the regulations, and supplementary prov isions. Mr. Speaker, specifics of the proposed regul ations are as follows: Regulation 1 is self -explanatory and provides for the citation of the regulations. Regulation 2 inserts various defini tions. Regulation 3 provides for those who can apply under the regulations. Regulation 4 provides for various application requirements. Regulation 5 requires a statement of account to be provided to the applicant from an administrator within seven wor king days. Regulation 6 provides for the handling of i ncomplete or defective applications. Regulation 7 provides for the consideration of applications by the Commission and restrictions on approving such applications. Regulation 8 provides for the consid eration of an applicant’s vested amount only. Regulation 9 provides for the Commission’s notification to an applicant regarding its decision. Regulation 10 provides for the recordkeeping by the Commission. Regulation 11 specifies the requirements by administrators to make payments within 20 working days of receipt of direction from a Commission. Regulation 12 prohibits regulators from imposing a charge in performing their duties or requirements under regulations. Regulation 13 provides for the admini strator’s compliance with the regulations notwithstanding any contrary terms of a pension plan or local retirement product and having regard to any advice or guidance issued by the Commission. Regulation 14 provides for the commenc ement of the regulations. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak to this? Hon. Patricia J. Gordon -Pamplin: Yes, I do. [This is the] Shadow Minister.
The SpeakerThe SpeakerYes, Shadow Minister, continue on. Hon. Patricia J. Gord on-Pamplin: Thank you, sir. And I thank the Minister for going through those regs. I just have one question, and that is in respect of a lump sum refund. Is this lump sum refund excl u3980 8 May 2020 Official Hansard …
Yes, Shadow Minister, continue on. Hon. Patricia J. Gord on-Pamplin: Thank you, sir. And I thank the Minister for going through those regs. I just have one question, and that is in respect of a lump sum refund. Is this lump sum refund excl u3980 8 May 2020 Official Hansard Report
Bermuda House of Assembly sive of or inclusive of the normal drawdowns that someone would make on their pensions? I think the current regulations provide for the balance of an account as of 12/31, and up until age 70, the retiree could actually qualify for 7 per cent of the balance, as of the previous 31st of December. Subsequent to age 70, I think age 70 on, they are e ntitled to draw down 10 per cent of the balance, as of the previous December. Are we saying that this one time 25 per cent is instead of, or is this . . . well, it is a one- time lump sum. So my question is, Is this instead of the 7 per cent or the 10 per cent that members would otherwise take? This —
[Pause]
The SpeakerThe SpeakerAre you finished, Member? Hon. Patricia J. Gordon -Pamplin: I do not know what happened. It just kind of . . .
The SpeakerThe SpeakerWell, continue on. Hon. Patricia J. Gord on-Pamplin: Okay. Yes, I was saying that these regs did come to us, you know, yesterday evening, so I did not have a chance to really look at how they intertwined. So if the Minister could maybe just answer that question for me, …
Well, continue on.
Hon. Patricia J. Gord on-Pamplin: Okay. Yes, I was saying that these regs did come to us, you know, yesterday evening, so I did not have a chance to really look at how they intertwined. So if the Minister could maybe just answer that question for me, then that might be able to explain to me what my challenges are. So in other words —
Hon. Curtis L. Dickinson: Mr. Speaker —
Hon. Patricia J. Gordon -Pamplin: Sorry. Go ahead, Minister.
The SpeakerThe SpeakerMinister, would you like to . . . Minister. Hon. Curtis L. Dickinson: Mr. Speaker, if the Honourable Member has more to add to her question I will take that on so I can answer her question as co mpletely —
The SpeakerThe SpeakerOkay, well — Hon. Curtis L. Dickinson: —as possible.
The SpeakerThe SpeakerOkay. Well, you want her to finish her comment? Hon. Curtis L. Dickinson: Please, sir.
The SpeakerThe SpeakerOkay. MP, you can continue. The Minister will wait until you are done. Hon. Patricia J. Gordon -Pamplin: Okay. No, thanks. What I was . . . I could not . . . I would not know if there were more to ask unl ess I get the a nswer. …
Okay. MP, you can continue. The Minister will wait until you are done.
Hon. Patricia J. Gordon -Pamplin: Okay. No, thanks. What I was . . . I could not . . . I would not know if there were more to ask unl ess I get the a nswer. So really what I am trying to find out is, say the lump sum, 25 per cent, presumably this is avail able only one time. So it is not like every year you can take 25 per cent. You can take it one time from your balance. So members at t he moment can take “X” per cent of their pension balance as of 12/31 of the year before; 7 per cent up until age 70; and 10 per cent after age 70. So we are now halfway through the year. So if somebody who has been taking their 7 per cent of the balance that they had at 12/31, can they now say I want to be able to take 25 per cent of the balance as of the most recent statement, the relevant statement? Or, will the total amount that they will be able to draw down in any given year be constrained by the 25 per cent of the balance?
[Inaudible interjection]
The SpeakerThe SpeakerMember, are you finished? Hon. Patricia J. Gordon -Pamplin: That is my que stion.
The SpeakerThe SpeakerOkay. Minister. Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. The lump sum withdrawal, or refund, is a onetime option. It does not impact a member’s ability to avail themselves to the other refund options that may exist once they hit retirement age. Hon. Patricia J. Gordon -Pamplin: Okay. And …
Okay. Minister.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. The lump sum withdrawal, or refund, is a onetime option. It does not impact a member’s ability to avail themselves to the other refund options that may exist once they hit retirement age.
Hon. Patricia J. Gordon -Pamplin: Okay. And I did not see, does this also have a date . . . I’m sorry. Mr. Speaker, if I may? Does this also have a date within which this 25 per cent is going to be made or can this be made one time in any given year? So in other words, the $12,000 we looked at earlier is going to be withdrawn, you have the option to do it until the year 2021. This 25 per cent, is this available to any member who is retired who has a pension fund, and any one time they wish, they can take that 25 per cent out?
Hon. Curtis L. Dickinson: Mr. Speaker, in referring to my brief, I thi nk the only requirement —and I would add one— is that you have turned 65 and that you have money in your account.
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: Yes, that I understand. Mr. Speaker, if I may?
The SpeakerThe SpeakerYes. Continue on. Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: I just wanted clar ity, when you turn 65. So it can happen at any time in the future? In other words, there is no date certain by which an applicant . . . so it is not …
Yes. Continue on.
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: I just wanted clar ity, when you turn 65. So it can happen at any time in the future? In other words, there is no date certain by which an applicant . . . so it is not effective for people who are 65 or above now, it is appli cable to whenever somebody turns 65 they will then be able to take out 25 per cent of their balance?
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: I want to be sure that is clear.
[Inaudible interjections]
The SpeakerThe SpeakerMinister. Hon. C urtis L. Dickinson: So the guidance that I can give the Member is that they had to have obtained the age of 65, and they have to have retired. Hon. Patricia J. Gordon -Pamplin: Yes, yes. Hon. Curtis L. Dickinson: So it can be . . . …
Minister. Hon. C urtis L. Dickinson: So the guidance that I can give the Member is that they had to have obtained the age of 65, and they have to have retired. Hon. Patricia J. Gordon -Pamplin: Yes, yes. Hon. Curtis L. Dickinson: So it can be . . . they can wait until the y are 70, 71 and a half, or they are 80. The option is available to them as long they have r etired and once they have gone past 65 years old. Hon. Patricia J. Gordon -Pamplin: And one time they can do it only, the 25 per cent? Hon. Curtis L. Dickinson: That’s right. Hon. Patricia J. Gordon -Pamplin: Okay. Got it.
Hon. Curtis L. Dickinson: The availability of the o ption has no expiry date, but it is a one- time option.
Hon. Patricia J. Gordon -Pamplin: Thank you very much, Minister.
Mr. N. H. Cole Simons—if you have retired at 65 . . . I have heard the Minister say that the retiree may withdraw 25 per cent of that balance. If I retire at 65 and then I take a hustle three months lat er, where does that put me? Because some of these …
—if you have retired at 65 . . . I have heard the Minister say that the retiree may withdraw 25 per cent of that balance. If I retire at 65 and then I take a hustle three months lat er, where does that put me? Because some of these retirees are lasting longer and are beginning to work after retir ement. Can he speak to that?
The SpeakerThe SpeakerMinister? Hon. Curtis L. Dickinson: Mr. Speaker, I think that we are delving into an area for whi ch I am not an expert, which is the Employment Act, and I am not sure what constitutes . . . if there is a requirement . . . what the definition …
Minister? Hon. Curtis L. Dickinson: Mr. Speaker, I think that we are delving into an area for whi ch I am not an expert, which is the Employment Act, and I am not sure what constitutes . . . if there is a requirement . . . what the definition of “retired” actually means; if one decides to work a hustle or part -time job, if that is a di squalifying event for being designated as having been retired. So, I would need to seek additional guidance from technical officers either in the pension commi ssion and/or the Attorney General’s Chambers with respect to what the legal definition of the word “r etired” and what gives rise to it being changed should someone have reached the legal retirement age and has retired from their primary job but has decided to take on incremental responsibility and work during their retirement.
Mr. N. H. Cole SimonsThat is correct . That is correct. Hon. Curtis L. Dickinson: Well, I am awaiting a r esponse from my technical officers, and so we will see if they can provide some clarity for us, with your indu lgence.
The SpeakerThe SpeakerMinister , we can give you a couple of minutes. [Pause]
The SpeakerThe SpeakerDoes any other Member have a question for the Minister while we are waiting for that tec hnical response?
Ms. Susan E. JacksonIf a person is nearing the retirement age now, within the next year they can withdraw the $12,000 because we have just passed that legislation, and they can then redeposit that $12,000 as a voluntary contribution. Then a year and a half later they turn 65, w ill that mean …
If a person is nearing the retirement age now, within the next year they can withdraw the $12,000 because we have just passed that legislation, and they can then redeposit that $12,000 as a voluntary contribution. Then a year and a half later they turn 65, w ill that mean that they are eligible for the 25 per cent that they can withdraw u nder these regs and they also will be able to withdraw 3982 8 May 2020 Official Hansard Report
Bermuda House of Assembly the $12,000 because it is now a voluntary contribution?
The SpeakerThe SpeakerMinister? Hon. Curtis L. Dickinson: I believe that is correct, Mr. Speaker . My understanding of voluntary contrib utions are at any point in time, whether a plan partic ipant is retired or is still actively employed, they can avail themselves to their voluntary contributions and any investment income that …
Minister? Hon. Curtis L. Dickinson: I believe that is correct, Mr. Speaker . My understanding of voluntary contrib utions are at any point in time, whether a plan partic ipant is retired or is still actively employed, they can avail themselves to their voluntary contributions and any investment income that is associated with those funds having been invested over whatever period of time they were deployed with the fund administrator.
Hon. Jeanne J. Atherden: Can I —
The SpeakerThe SpeakerYes, you can ask a question. Hon. Jeanne J. Atherden: —add a point of clarific ation?
The SpeakerThe SpeakerGo right ahead. Hon. Jeanne J. Atherden: Because I think this is something that the Financial Secretary said with r espect to age 65. If afterwards you continue working . . . in Cole’s scenario, if you continue working you are not making any pension contributions, but your employer is …
Go right ahead. Hon. Jeanne J. Atherden: Because I think this is something that the Financial Secretary said with r espect to age 65. If afterwards you continue working . . . in Cole’s scenario, if you continue working you are not making any pension contributions, but your employer is and therefore, you get additional . . . you get add itional . . . the amount of your pension goes up on the basis that you are having more money being put into the fund. I think that is what you asked part ially, Cole.
Mr. N. H. Cole SimonsI am asking about excess. So, I have retired and I decide a month later and, as the Finance Minister said, to take on a responsibility that may be almost as equal to my pre- retirement job, will that disqualify me from withdrawing my 25 per cent option? Hon. Jeanne …
I am asking about excess. So, I have retired and I decide a month later and, as the Finance Minister said, to take on a responsibility that may be almost as equal to my pre- retirement job, will that disqualify me from withdrawing my 25 per cent option?
Hon. Jeanne J. Atherden: Well, technically you are still retired, according to the Act.
Mr. N. H. Cole SimonsHe is getting an opinion on that, Jeanne. Hon. Curtis L. Dickinson: So, Mr. Speaker —
The SpeakerThe SpeakerYes. Hon. Curtis L. Dickinson: My technical team tell me that people who retire and then subsequently are em-ployed, that is outside of the scope of these regul ations.
The SpeakerThe SpeakerMinister , it might be helpful if you can give a sort of layman’s explanation of that response for the Members. Hon. Curtis L. Dickinson: Okay, I am reading deep the notes that are coming in, so if you can just give me a moment please.
Ms. Sus an E. JacksonWhile we are waiting, Mr. Speaker, can I just ask a supplementary question to the question that I previously asked?
The SpeakerThe SpeakerYes, you can go ahead and ask the question.
Ms. Susan E. JacksonSo, Minister , what is going to stop a run of a whole bunch of people going to the pension administrator, withdrawing the $12,000, and then redepositing it as a voluntary contribution so that later on they can then take their 25 per cent? And this additional $12,000, which would …
So, Minister , what is going to stop a run of a whole bunch of people going to the pension administrator, withdrawing the $12,000, and then redepositing it as a voluntary contribution so that later on they can then take their 25 per cent? And this additional $12,000, which would have under any other circumstances, been sort of in the restricted part of the pension . . . once it becomes deposited as volu ntary contribution, people can take it out whenever they want. So, you could have thousands of people coming in to take out the $12,000 and redepositing it as a voluntary contribution.
Hon. Curtis L. Dickinson: I would say that the Honourable Member is correct that people can take money out of one pool and put it back into another. But at the end of the day, if you do the math, 25 per cent of $12,000 is $3,000. So, if people are engaging in a very, very interesting set of choreography to get a $3,000 benefit, it hardly seems worth the effort.
Ms. Susan E. JacksonWell, no, it would not be a $3,000 benefit because the 25 per cent is based on your pensi on in general. The $12,000 would be added to all of the voluntary contributions that you have been making over the years. Hon. Curtis L. Dickinson: But if you want to …
Well, no, it would not be a $3,000 benefit because the 25 per cent is based on your pensi on in general. The $12,000 would be added to all of the voluntary contributions that you have been making over the years.
Hon. Curtis L. Dickinson: But if you want to get the money out and you can get it out through the $12,000 withdrawal feature from yo ur restricted pool, you take the money out and you can do whatever it is you want to do with it. The fact that you put it back into your volu ntary piece means that you have basically taken the money from one pool and put it over to the other pool but if y ou apply the 25 per cent withdrawal to the r estricted pool, the money you have moved out across the way is the money that is the actual change. So, you multiply the 25 per cent by the change, you get the real benefit which is $3,000.
Bermuda House of Assembly Ms. Susan E. Jackson: Yes, it would be $3,000 ad ded to all the rest of your pension that you could get 25 per cent of anyway, right?
Hon. Curtis L. Dickinson: It is 25 per cent of . . . well, you can take all the voluntary stuff out anyway. And on the other side you would hav e reduced your r estricted pool by $12,000, which means that effectively you would have reduced the money you would have been able to take out of that because . . . let us say it is $112 and you take $12 out and moved it to the ot her side. You now could get $25 out as opposed to if you had $112 in you could have $28. It is a very interesting exercise to do to get a big benefit of $3,000.
Hon. Patricia J. Gordon -Pamplin: Can I just clarify that, if I may, Mr. Speaker ?
Hon. Curtis L. Dickinson: Sure.
Hon. Patricia J. Gordon -Pamplin: I would just — Hon. Curtis L. Dickinson: I am sorry. Hon. Patricia J. Gordon -Pamplin: —like to ask a clarifying question. And that is so when one is determining the statement and the balance against which the 25 per cent is applied, is that statement for 25 per cent of voluntary plus involuntary? Or is it 25 per cent of the involuntary? What is it that we are being allowed to wit hdraw?
Hon. Curtis L. Dickinson: You can take 25 per cent of your balance in your pension account which is the sum of the voluntary and the mandatory.
Hon. Patricia J. Gordon -Pamplin: Okay, great. Thank you.
Hon. Curtis L. Dickinson: But you can also take all of your voluntary any day of the week that you wanted to. So, there is a potential . .. there are scenarios where you can actually get more than 25 per cent out—
Hon. Patricia J. Gordon -Pamplin: Yes.
Hon. Curtis L. Dickinson: —on your retirement. Hon. Patricia J. Gordon -Pamplin: Yes. Got it.
Hon. Curtis L. Dickinson: So, Mr. Speaker —
The Sp eaker: Minister , I am allowing a little bit of leniency here in allowing the conversation to go back and forth because we are giving time for you to get the technical response that you needed. Hon. Curtis L. Dickinson: Yes.
The SpeakerThe SpeakerAre you here to sort of wrap this up? Hon. Curtis L. Dickinson: I am. I want to give the response. So, the technical response, which, unfortunately, may not be particular-ly helpful to the Member, is that the regulations cannot be expected to cover a potential event after the me …
Are you here to sort of wrap this up? Hon. Curtis L. Dickinson: I am. I want to give the response. So, the technical response, which, unfortunately, may not be particular-ly helpful to the Member, is that the regulations cannot be expected to cover a potential event after the me mber changes their employment status. The refund a pplication is based on their status at the time of the ap-plication. So what I think I am reading here in plain English is at the time that you retire and you make your application to get your 25 per cent that money is paid to you. Should your status change after the payment has been made, the regulations do not cover that.
The SpeakerThe SpeakerMinister , I think the allowing of the exchange here has been helpful and, Members, I think you appreciate the attempt to get the answers to that for you. Hon. Curtis L. Dickinson: Mr. Speaker —
The SpeakerThe SpeakerGo ahead. Hon. Curtis L. Dickinson: I guess we know who is retirement age now — [Laughter]
An Hon. Member An Hon. MemberYou got that about right, Minister! [Laughter]
An Hon. Member An Hon. MemberNow, now.
The SpeakerThe SpeakerWith that said, Minister , I think we have had the comments that are going to be made. Would you like to move this one? Hon. Curtis L. Dic kinson: Yes, please. Mr. Speaker, I move that the said draft regulations be approved and a suitable message be sent to …
The SpeakerThe SpeakerAre there any objections to that? Hon. Patricia J. Gordon -Pamplin: No objections, Mr. Speak er.
The SpeakerThe SpeakerGood. 3984 8 May 2020 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: We are asking questions on behalf of the population, not for [INAUDIBLE] [Laughter]
The SpeakerThe SpeakerI will take that as between you two. You have no objections. And Minister , with that, the matter has been moved and the appropriate message will be sent to the Governor which brings that matter to a close. [Motion carried: The National Pension Scheme (Lump Sum Refund) (Retiree) Regulations …
The SpeakerThe SpeakerWe now move on to the nex t item on the Order Paper which is Order No. 4, the motion in the name of the Premier. Premier, would you like to put your motion? [Pause]
The SpeakerThe SpeakerPremier? SUSPENSION OF STANDING ORDER 23(3) Hon. E. David Burt: Yes, Mr. Speaker. Mr. Speaker, I move that Standing Order 23(3) be suspended to enable the House to now pr oceed with consideration of the motion under my name on the Order Paper.
The SpeakerThe SpeakerAre there any objections to that? No objections. Continue, Minister —Premier. [Motion carried: St anding Order 23(3) suspended.] MOTION TO TAKE NOTE EMERGENCY POWERS (COVID -19 CONTINUING PRECAUTIONS) REGULATIONS 2020 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now take under …
Are there any objections to that? No objections. Continue, Minister —Premier.
[Motion carried: St anding Order 23(3) suspended.]
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now take under consideration the follo wing motion: THAT this Honourable House take note of the Emergency Powers (COVID -19 Continuing Precautions) Regulations 2020.
The SpeakerThe SpeakerAny objections? No objections. Continue on, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Sp eaker, even though this is a take note motion, I would like to at least reserve a right of reply if I could after Honourable Member s have spoken as …
Any objections? No objections. Continue on, Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Sp eaker, even though this is a take note motion, I would like to at least reserve a right of reply if I could after Honourable Member s have spoken as I have said that I am anxious to hear feedback that any colleagues may have as we can take into account any particular changes to the regulations.
The SpeakerThe SpeakerIf it happens to be a brief one, Premier. [Laughter] Hon. E. David Burt: No problem, Mr. Speaker . Mr. Speaker, as the title of these Regulations suggest, these are continuing precautions that follow the previous four weeks of shelter in place that existed in Bermuda from the 4 th …
If it happens to be a brief one, Premier.
[Laughter]
Hon. E. David Burt: No problem, Mr. Speaker . Mr. Speaker, as the title of these Regulations suggest, these are continuing precautions that follow the previous four weeks of shelter in place that existed in Bermuda from the 4 th of April 2020. Mr. Speaker, in moving that this House take under consideration these regulations, it is important for Honourable Member s and the public to appreciate the parameters that this demands. These regulations are in force already and have been so since the mor ning of the 2nd of May. This House and the other place have the ability to extend them beyond the 31st of May by a resolution and message to the Governor. Additionally, Mr. Speaker, under section 6 of the Emergency Powers Act, both Houses can request by message to the Governor that the Regulations or any part thereof be annulled, then the Governor shall as soon as may be by notices in the Gazette declare the Regulations or such part to be annulled. Mr. Speaker, I do not propose to rehearse the detailed history of the pandemic response in which we have been engaged. These regulations form the support of the phase one reopening of Bermuda to which I referred to i n my public comments last week and of which we find ourselves in now. The aim is to restart the economic engine that is Bermuda and to safely recommence those operations while we can, preparing for the steps to come in subsequent phases. Mr. Speaker, the principal points to note from these regulations are as follows: Firstly, t he night -time curfew is maintained between the hours of 10:00 pm and 6:00 am. Secondly, under the current regulations, there remains specific categories of businesses that must remain closed. For example, bars and clubs, spas, barbers, gyms, sport clubs and restaurant dining services. For other services, the law still requires an employer to arrange for his or her employees to work remotely from home if that is reasonably practicabl e. Those businesses that cannot operate remotely at home are no longer required to be closed, but what is important is that appropriate physical distancing is strictly observed for the employees who are required to come into work. It is an important thing to note, Mr. Speaker, because there are businesses which may have 50 or 60 persons, although maybe only five of them are actually required to be at their place of work where ot hers can and shall be and continue to work at home. What is important, Mr. Speaker, is to note that customers are not permitted to enter business pre mises so that any services provided are only able for
Bermuda House of Assembly delivery and/or curbside collection are able to be conducted through electronic means. So, in the cases of law firms and other bus inesses that require there to be a few essential personnel that may still be needed to be inside of a particular office, that does not mean that all persons are allowed back in the office and it is against the law and the regulations as written for all persons to be in any type of particular office or for an employer to mandate that an employee come to the office whereas it is actually practicable for them to do that work at home. Where appropriate physical distancing is not observed, the regulations permi t the Minister of Health to close a business until there is compliance with these important public health conditions. Mr. Speaker, it is impossible to capture every scenario in an unfolding situation like this pandemic. Regulations have been drafted in such a way to complement the guidance provided by the Minist ry of Health about how we interact with one another in s ocial settings or while we carry out the functions permi tted under the regulations. We are aware that not ev ery situation is covered and that in some cases there may be minor variances between the counsel in the regulations and the health guidance. We have been made aware of these minor variances and I am advised that by the end of this debate the Ministry of Health will finalise the adjustment of anything which may not be in exact keeping with the regulations. Mr. Speaker, having been in force for almost a week, we have noted the need for three additional amendments, which I will share with Honourable Member s at this time. Therefore, with permi ssion of the Cabinet, I invite that the Governor approve an amendment that will permit weddings to take place with 10 people, including the officiant; a further amendment to prohibit scuba diving in this phase one; and, finally, an amendment to permit mone y service businesses to open on similar terms as pet shops, restricting the number of customers inside at any gi ven time. Mr. Speaker, the rationale for the first change is perhaps now that the spring air [is here], or the shelter-in-place aftereffects, and we have notes of requests for couples to be married. And whilst the regulations permit funerals, this equally important cer-emony and celebration should not be eliminated even in the time of COVID -19. The regulations will allow for marriages and domestic partnerships to be entered into. Second, on the second change, Mr. Speaker, medical and public health advice strongly suggests that recreational scuba diving and the risk presented by a rescue situation cannot be mitigated presently as the oxygen for the recompression chamber at KEMH has been diverted to be available for additional vent ilators if needed. As such, there would be no available to teat a diver with the bends. Additionally, a dive-related rescue is high- risk for COVID transmission if either vi ctim or rescuer is asymptomatic. Money service businesses provide an alternative to banking services for many citizens who, in many cases, are not able to avail themselves to standard bank accounts to receive funds or to cash cheques. Mr. Speaker, I hav e spoken of the need for us as a Government and a community to be flexible. It is important that all of us in this country are flexible during these times. That flexibility is not just something to be taken lightly as these regulations are subject to change based upon whatever we are encountering in our health care system. Rebuilding an economy is important but saving the lives of the people we serve is critical. I am pleased, therefore, Mr. Speaker, to commend these regulations for the consideration of the House and I look forward to any feedback that Member s may have on these particular regulations. It should be noted, Mr. Speaker, that the phases do not have any determined time. However, by the next time we sit, we may be into phase two and we may have an entirely new set of regulations to govern those particular sections. But that, of course, will only be upon public health advice. And I cannot say for certain whether or not that will be the case. But I think it is important that I hear feedback from H onourable Member s on these regulations in case there is any type of adjustments which may be needed. It is important to note, Mr. Speaker, that as the Cabinet has requested those three amendments of which have been requested have been gazetted already an d have been consented to by His Excelle ncy the Governor.
[Pause]
The SpeakerThe SpeakerPremier, are you complete? Hon. E. David Burt: I am done, Mr. Speaker . I am happy to hear the feedback of other Members.
The SpeakerThe SpeakerAll right, Premier. I thought it would go a little longer, but that is quite all right, and I am not going to grumble. Hon. E. David Burt: Mr. Speaker, we have had these regulations for about a week. I am sure that everyone has had the chance to read …
All right, Premier. I thought it would go a little longer, but that is quite all right, and I am not going to grumble.
Hon. E. David Burt: Mr. Speaker, we have had these regulations for about a week. I am sure that everyone has had the chance to read them and the entire country has been operat ing under these premises for the last week.
The SpeakerThe SpeakerNo problem. Would any other Member like to speak and be as brief as the Premier? [Laughter] 3986 8 May 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Would any other Member like to speak, please? No other Member?
Mr. Scott PearmanIt is interesting, Mr. Speaker, that today the House has been discussing the issue of pensions, which in most conversations would bore people to tears, and yet we have heard some of the most passionate speeches coming today from Members of this House. And that is because when you consider …
It is interesting, Mr. Speaker, that today the House has been discussing the issue of pensions, which in most conversations would bore people to tears, and yet we have heard some of the most passionate speeches coming today from Members of this House. And that is because when you consider pensions, and particular pension money in this particular time, there is a human element to that. I would respectfully suggest as boring as the word “regulations” sounds, there is a human element to regulations as well. I was delighted to hear the Premier confirm to the House today that parliamentary scrutiny of regul ations is welcomed, and I will take him at face value. To get excised, or excited, or even upset about regulations and the way in which they come to Parliament may seem overly technical, or overly la wyerly, or overly boring. But regulations are the law. And the law is that which governs us. And, therefore, if people and citizens are to know what it is they may do or they may not do, and how they can stay within the rules, particularly in times of crisis, it is important that we have clarity on regulations. And it is also important to remember that it is Parliament that is supreme. With respect, it is not the Premier, it is not the C abinet, it is Parliament. Why is it that we have delegated legislation? What is delegated legislation? We in Parliament, we pass Acts and we debate them like we did today with the Pensions Bill, the amendment. But our system of laws also allows for delegat ed legislation or someone to be told that they may put in place the rules. And that is what a regulation is. We have statutory instruments which are orders and regulations, but really what it is . . . it is Parliament putting trust in a particular person t o make delegated rules. We are saying to the Minister in question (and most often it is a Minister; in this case it is the Gover-nor, but most often regulations are made by Ministers), we in Parliament are saying to a Minister we have trust in you to make the rules. And it is for that reason, because of the trust that is at the very heart of delegated rules, of regulations, it is for that reason why it is so important to ensure that Parliament has continuing scrutiny over what it is the Minister does with P arliament’s permission. So, when the Opposition pointed out two weeks ago that a whole series of regulations had been made but had not been tabled in Parliament that was, with respect, not a technical complaint or crit icism, or even a political volley acr oss the net. It was an attempt to recognise that delegated rules made by Minister s or by Cabinet, or by the Premier, or by the Governor, do need to come back to Parliament for the scrutiny of Parliament as a whole. Now, as legislators, we know that there are two ways that regulations can come to Parliament. There is the affirmative resolution procedure and there is the negative resolution procedure. And I appreciate that these are dry and boring terms. But they are i mportant because the affirmative resolution procedure means that regulations must come before the House for debate; whereas the negative resolution procedure means that regulations come to the House and, where someone chooses, they are taken up for debate within a 21- day period, as provided under the 1977 Act. Yes, it is true that not every regulation will be debated by the House. Every regulation may not be even read carefully by the House. But all regulations are to come to the House so that Parliament, and i ndeed the Senate as well, have the opportunity to scr utinise what is being done by a Minister in the name of Parliament. So, against that background it is important today . . . and I thank the Premier and his Gover nment . We (the Opposition) thank the Premier and his Government for tabling the regulations that were t abled today. They tabled some 25 regulations. There was some discussion earlier about whether these were regulations that were coming from the Governor or whether these were regulations that were coming from the Government . And the Premier was quite right, some of these regulations, three or four of them, came from the Governor in his capacity as the Governor exercising his constitutional powers. But the vast majority of them did not come from the Governor. They came from the Mi nister and, in particular, the Minister of Health. And it is right and proper that when a regulation is passed by a Minister , it must come to this House. And it is right and proper that people in this House— not just the Opposition, but anyone in the House, including the backbench of the Government party —has the opportunity to pick up a particular regulation and call upon a debate of it because that is what parliamentary scrutiny is about. Checks and ba lances just to make sure that the law is not what someo ne may say it is, but the law is what Parliament decides it is.
Bermuda House of Assembly Against that background, let me turn to the regulations which were passed on Saturday, the ones that apply to us now. It does not seem sensible, at least in my view, to talk about all of the regulations that came before because, as the Premier quite rightly observed, these things are fluid. They are transitional. Not every situation is covered. And even if you put all the best minds in Bermuda around a table and tried to come up with the best possible regulations, something will be overlooked, something will be forgotten or some things may not make sense. And we accept that. The current regulations are the continuing precautions, the Emergency Powers (COVID -19 Continuing Precautions) Regulati ons 2020 . And as those of us in Parliament know, but most people in Bermuda do not, every time a statutory instrument is published, it is given a number. And it is given a number partic ular to a particular year. So, the first statutory instr ument of 2020 w ill be called number 1/2020, and so on. And I pause to make that observation because this, the continuing precautions regs, the ones that apply to us right now, are in fact BR (Bermuda Regulation) 45 of 2020. So, we have had 45 different statutory i nstrume nts since the beginning of the year. Not all of those have come to the House. And we would respectfully suggest they should— not because there is always going to be an MP who picks one up for debate, but because procedure is i mportant. It is important to m ake sure that things are done correctly and wherever possible people have clarity to know the law that applies to them. As to the continuing precaution regulations that we are talking about right now, the Opposition (and there will be others who speak after me) does wish to take the Premier up on his invitation that we point out certain areas where we think they might be improved. Indeed, last Friday we pointed some of these things out to the Government and we will continue to do so. And we very much hope that in the recently recognised spirit of bipartisanship that some of these may be taken up because they are offered in good faith to attempt to improve the regulations that apply to Bermudians, to our citizenry, and also, and i mportantly, to try to provid e greater clarity because if you know what the rules are it is easier to make sure you stay within them and do not fall afoul of them. We, or I in particular, have six observations, some of which have been given to me by my parli amentary colleagues, and some are mine. But here is a grab bag of six observations about the current set of continuing precaution regulations that may or may not be improved upon or may simply be areas of concern. Firstly, as we understood it, there were a s eries of permissions granted during the shelter -at-home period. And it was our respectful recommendation that those existing permissions ought to have been conti nued into the continuing precaution period rather than transitioning where everyone had to apply again, where the Go vernment had to vet applications again. But I appreciate and understand that the Minister of National Security is approaching this area with a degree of flexibility.
Hon. Wayne Caines: Mr. Speaker, point of order. Mr. Speaker —
The SpeakerThe SpeakerWe will pause to take a point of order from Minister Caines.
Mr. Scott PearmanOf course, of course. POINT OF ORDER [Misleading] Hon. Wayne Caines: Mr. Speaker, MP Pearman is misleading the House. Under the second shelter in place did not happen, but their approval was simply continued on. Thank you, Mr. Speaker .
The SpeakerThe SpeakerYou were a bit muffled at times. It may not come out as clear. Can you get a little closer to your microphone so we can actually hear? Hon. Wayne Caines: Mr. Speaker, on the second shelter in place, people did not have to reapply.
The SpeakerThe SpeakerOkay. Thank you. Mr. Pearman?
Mr. Scott PearmanThank you. I really had trouble hearing your response. I think what the Honourable Minister said is that on the second shelter in place you did not have to reapply.
The SpeakerThe SpeakerCorrect. That is what he did say.
Mr. Scott PearmanYes, I do not think that is what I was saying because, of course, we had two shelters in place. And what I am talking about is the transition from last week to this week —from the shelter -in-place regulations, of which there were at least two sets, to the …
Yes, I do not think that is what I was saying because, of course, we had two shelters in place. And what I am talking about is the transition from last week to this week —from the shelter -in-place regulations, of which there were at least two sets, to the continuing precaution regulations that now apply to us. So, if I misled in any way by what I was sa ying, it was not my intention. My understanding was that when we move f rom the shelter -in-place position there was a requirement to reapply under the continuing precautions position. And we had suggested that this just made more work for the Minister who is a lready over -taxed and very busy —with legitimate reason—in this crisi s. Mr. Speaker, our second of six points is that these regulations make quite clear what it is that is a prohibited business and makes quite clear what it is that is a permitted business. But where they are slight3988 8 May 2020 Official Hansard Report
Bermuda House of Assembly ly unclear, where there is a lack of clari ty, and which could be improved upon, in our respectful submission, are the things in the middle. I know that the Government issued a subs equent flow chart with green and red and amber, trying to make clear what happens to those in the middle. But when one looks at the regulations and compares regulation 9 for example, which is permitted busines ses, and then compares that with regulation 8, which is remote working where reasonably practicable — regulation 8 says where reasonably practicable an employer shall arrange for his employees to work r emotely from home. Well, that is well and good if that can happen. But what the regulations do not really explain is where it is not reasonably practicable. And I appreciate that certain answers have since been gi ven, but those answers do not represent the law for the reasons I said at the outset. And so, as best we can . . . and I appreciate it is not a perfect world. We would suggest that greater clarity is required for those things that fall in the mi ddle because it i s the vast majority of our working popu lation who do fall in the middle. There are those, obviously, who have gyms, and there are those who have laundromats, but most are in the middle. And so, there was a lack of clarity there or a bit of a lacuna. To the credit of the Government , efforts have been made to clarify that since by other documentation. Our third point relates to section 18. And section 18 is about enforcement powers. We have . . . actually it is third and fourth but we have two concerns here about section 18. One is the apparent power that it gives to enforcement officers to regulate these reg ulations. And it says this at subsection (3) “For the pur-poses of exercising the power in paragraphs (1) and (2)” (which is the power of the enforcement officers) “an enforcement officer may enter any place other than a private residence.” We appreciate that it is a crisis. We apprec iate that these regulations were drafted quickly. But giving an enforcement officer the power to enter any place other than a private residence is a broad power indeed, because that allows entry into private places that are not residences. I am not sure if that was i ntentional, and we would respectfully suggest that this should be reconsidered when these regulations are amended, because, of course, access to any private property is something that is typically regulated by the courts and by warrant, et cetera. The second observation in respect of section 18 is about 18(4). Now, just as a reminder to those who have not perhaps read every single line in these regulations, enforcement officers include not only our police but also the Bermuda Regiment and so if one looks at section 18(4), it expressly grants an enforc ement officer the power to “use reasonable force, if necessary, i n the exercise of a power under this reg ulation.” So we would just question the extent to which granting powers to use reasonable force to detain cit izens is a power that really should be limited to the police and not extended to the Regiment, and we would invite consideration as to the training that those separate categories of people have had because it would be an unfortunate thing indeed if someone from the Regiment were called upon to use reasonable force in circumstances where he or she may not have the adequate training to do so. Also, in this section, there is a concept of offences. And we have two points there. One is it is not entirely clear whether or not it is permissible under the Emergency Powers Act [1963] to impose a fine at all, because the Emergency Powers Act seems to give the impression, at section 7, that the imposition or variation of any tax or fiscal duty is impermissible as an exercise of emergency power. That is a matter for the Attorney General’s Chambers to take a look at, but the other concern — and this is really constructive criticism, and I hope that it is taken in that spirit —which was our suggestion that it would be really h elpful where the police and the Regiment are really strained to allow them to deal with the populace in a lesser way, in a way that does not involve an arrest or criminal penalty. I know this is something that the Minister of National Security is aware of because it has been raised with him for discussion. And I know from what he said at one of the press conferences that he thought that this was a commendable idea and is being explored further. Certainly, if one is familiar with the philosophical concept of nudge governance, where you try to nudge people to do things rather than take a stick at them, it would be helpful for those who are struggling, no doubt as enforcement officers have been pressed more so in the last four weeks than presently, to have that ability to have a lesser nudge power, the ability perhaps to issue an on- the-spot fine was one of the things that the Minister of National S ecurity referenced in his press conference. As I said, there will be others who will speak after me, but the last point . . . and it is one that has really appeared a lot on the blogs for those who may, unfortunately, have time to look at them, as most of us have a bit more time on our hands these days. But that is the definition in clause 2 of the regulations about “appropriate physical distancing,” because the definition seeks to include additional guidance pu blished by the Ministry of Health on the government website. Again, respectfully, because I know these things were prepared as quickly as time allowed, but it is not a good idea as a matter of legislation to seek to incorporate by reference a website which will vary from time to time, because there is a fluidity in the m aterial that is incorporated into legislation. So, you never have the opportunity to really know what the legislation says. The regulations do need to be a snapshot of enforceability and if they
Bermuda House of Assembly incorporate by reference something that is fluid and changing, you never know what the law was at a particular time. I know that there were some people i n the blogs who said Oh, well , these regulations do not make the law and people can do what they want and the definition of appropriate physical distancing was invalid for that reason. And they may well be right about that point. And I think it is a point that could easily be corrected by amendment to improve the regul ations or the next set of regulations so that there is greater clarity as to what the rules are so that Berm udians can do their best to obey them and abide by them and also get along with thei r life and do business as best they can in these trying times. So, stepping back and concluding, I thank you for being given the opportunity to comment on these regulations. And I said I know there are other Members of the Opposition at the very least wh o do wish to speak to them, but above all what we need to do is get clarity. And to the extent that other regulations have not been tabled in the House by the Gover nment , I know the Premier invited the Opposition to clarify what regulations those may have been and we will take him up on that offer. So, Mr. Speaker, thank you for giving me the opportunity to speak.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak at this time? Hon. Wayne Caines: If it pleases you, Mr. Speaker .
The SpeakerThe SpeakerYes, Minister Caines. Hon. Wayne Caines: Can you hear me, Mr. Speaker ?
The SpeakerThe SpeakerYes, I can hear you. It was clearer when you did come closer to the microphone before. Maybe I will suggest you come close again so that all Member s can hear you. You look like you have a real work session going on there! Hon. Wayne Caines: Absolutely, absolutely. …
Yes, I can hear you. It was clearer when you did come closer to the microphone before. Maybe I will suggest you come close again so that all Member s can hear you. You look like you have a real work session going on there!
Hon. Wayne Caines: Absolutely, absolutely. This — what you are seeing on the screen—is the nerve centre of the Ministry of National Security. Look at both boards and I will des cribe it for the listening audience. You will see what can only be described as the nerve centre of the Ministry of National Security. I listened with great interest as the Shadow Attorney General described legislation, and these are my words, that has s hepherded through . . . almost, Mr. Speaker, made it seem like it did not have at the level of consideration. He made it seem like—and these are my words —we did not follow the democratic process. Mr. Speaker, we have had, since March 17 th, 2020, appointm ents of health officers with an [INA UDIBLE] of legislation to legislate timelines. On March 17th there was the ascent of the Public Health Amendment Act 2020 . On March 20th, the Public Health Closures . March 23rd, Public Health Closures again. March 24, Public Health (C OVID -19) update ; March 29, t he Summary Offences (Curfew) Order ; March 29, Public Health closures ; March 29, Summary Offences (Curfew) Order . March 31, the Health Officers Appointment under the Quarantine Act . April 4, Emergency Powers (C OVID -19 She lter in Place) Regulations . April 2, Quarantine (Incoming Traveller) Order 2020 . April 9, Emergency Powers (COVID -19 Shelter in Place) Amendment Regulations 2020 . April 16, Residential Care Homes and Nursing [Homes] Amendment Act Regulations 2020 . April 19, Emergency Pow ers (C OVID -19 Shelter in Place) Amendment (No. 2) Regulations 2020 . April 21, 2020, Quarantine (Extensio n of Quarantine) Order 2020 . April 24, Emergency Powers (C OVID -19 Shelter in Place) Amendment (No. 3) Regulations 2020 . May 2, Emergency Powers (C OVID -19 Continuing P recautions) Regulations 2020 . Mr. Speaker, we have been living in what we can call “perilous times.” Since 1918, this country — the world —has not seen anything of the like. We have had to be able to be fleet of foot, to be able to pivot, to be able to [INAUDIBLE ] the Attorney General’s Chambers, the draftsmen with Cabinet, taking advice from the EMO [Emergency Measures Organisation], taking advice from the staff of the Reduction and Mit igation Team, and put together a plan which includes legislation to protect this country from an enemy that is not seen. It is very easy to sit back and to now quarterback on Monday morning. We were given a set of ci rcumstances and we had to ensure that everything that we said had the requisite law and the regulations in place to allow us to protect and save this country. And we did so. At the appropriate time all the legislation . . . and remember this, Mr. Speaker . At the time, were we in the House? Did we have the ability to have the meeting online? Did we have the abilit y to put those things in place? It is very myopic now to almost very, very strategically become deaf and tone deaf to the circumstances that we were under. This Party understands the significance of democracy. We understand the importance of having everyone —
Hon. L. Craig Cannonier: Point of order, Mr. Speaker. Point of order, Mr. Speaker .
The SpeakerThe SpeakerPoint of order . . . is that Opposition Leader? I will take your point of order. POINT OF ORDER [Misleading] 3990 8 May 2020 Official Hansard Report Bermuda House of Assembly Hon. L. Craig Cannonier: Yes, unfortunately the Honourable Member is misleading the House of the intent of this …
Point of order . . . is that Opposition Leader? I will take your point of order.
POINT OF ORDER [Misleading]
3990 8 May 2020 Official Hansard Report
Bermuda House of Assembly Hon. L. Craig Cannonier: Yes, unfortunately the Honourable Member is misleading the House of the intent of this discussion that we are having. It was very, very, very clear that we were gi ven and are being given the opportunity to now reflect on these things to help give more input. There is no intent to be myopic. There is no intent to quarterback after the fact. And I believe that the Honourable Member is being touchy on the issue when we are just simply stating out six areas that we felt could have been taken on and we will continue to state those. I understand that this is a tough time. But we are using this measure that we have in place right now to simply state that we feel certain things can be done. We recognise clearly that this is a fluid situation. And we do not envy the position that the Honourable Minister of National Security is in. We know that he is doing a valiant work. But please let us not mislead the public to think that we are quarterbacking from behind.
The SpeakerThe SpeakerThank you for your comments. I am sure you will have an oppor tunity when you have the floor to clarify your position. Minister, continue. Hon. Wayne Caines: Mr. Speaker, his suggestion is that . . . his assertion was that we were [INAUDIBLE ] that much more [ INAUDIBLE …
Thank you for your comments. I am sure you will have an oppor tunity when you have the floor to clarify your position. Minister, continue. Hon. Wayne Caines: Mr. Speaker, his suggestion is that . . . his assertion was that we were [INAUDIBLE ] that much more [ INAUDIBLE ] and these are the words I got from the Learned Shadow Attorney General, that we were looking at democracy and his inference [IN-AUDIBLE] that I took, and I stand corrected, that we did not move the regulations in the House [ INAUD IBLE] in a fashion at the time when he felt was best, and that it should h ave come here first. I simply made the [INAUDIBLE ] to show the length and breadth [INAUDIBLE ] legislation, that we did on the first [ INAUDIBLE ] and the last on May 2 nd. Mr. Speaker, I want to just go directly to the legislation. We are looking back on s ection 18, section 3 and we have the Attorney General pause and he gave reference of [INAUDIBLE ] exercise the power and enforcement power under subsections (1) and (2) using enforcement power may enter any place other than a private residence. The quest ion was that this was a lot of power for an enforcement officer to go into any place other than a private residence. The very nature of what we are trying to do is to be—
[Crosstalk] Hon. Wayne Caines: —enforcement officer to be able to go into businesses t o see if they are indeed following regulations. How could an officer go into a business to see if they were social distancing, if they had the proper cleaning hygiene, if they had followed the regulations, if they did not have the law to allow them to go inside the building? That is the first one. The next point being subsection (4), “An enforcement officer may use reasonable force, if neces-sary, in the exercise of a power under this regulation.” Again, the Learned Shadow Attorney General, his point was that there was a difference in training between the Bermuda Regiment and the Bermuda Police Service. But I take great umbrage in that assertion. Both services have a level of training and the requisite training to allow them to understand the use of reasonable force. The Bermuda Regiment is trained in MACA (Military Assistance to the Civil Authorities) and HADR (Humanitarian Assistance and Disaster Relief). And so, when the Bermuda Regiment soldiers . . . they have training overseas, locally, classifications in military aid to the civil authorities. So, it is unfortunate that anyone would suggest that the Bermuda Regiment soldiers do not have the training to understand what “reasonable force” is. The next point, Mr. Speaker, under the offences . . . everyo ne understands the challenges that we have in reference to if you have a criminal offence and you get a conviction. Sometimes you are not able to . . . gain employment , you could have that on your record. And on summary conviction of this offence, or any o ffence under this Act, you have the ability to be put in prison for six months . . . excuse me, a fine of $10,000 or a term of imprisonment of up to six months, or both. Now whilst that seems very significant, my learned friend understands that the magist rate in the Magistrates’ Court has levels of discretion. He has the ability to give an absolute discharge— unconditional discharge. He has the ability to give a fine up to $10,000. So that the magistrate who is independent, cannot be given words for guidanc e by anyone else, a totally independent body, they have the ability from an absolute discharge with nothing on the criminal record or it is a conditional discharge where you have to do something and then the conviction does not appear on your record. They have the ability to give a fine, suspend the sentence. There are a myriad of ways that a magistrate can do this that is between a conditional discharge, or absolute discharge, right up to a period in prison. So, it is unfortunate to say or to lead the public to believe that people’s lives will be destroyed by this. The main emphasis is to have people respect the legislation. The object of this is to keep people safe, to make sure that they are following the law. You have to have the ability to manage it an d that is why we made sure that the legislation had an offence provision in there. I do accept . . . and my learned friend is right. We will look at opportunities on the fines to reduce the fines and to have descriptive fines for this matter . But because that is something that we are looking at, does not mean that this legislation is not right, precept upon precept, line upon line, [INAUDIBLE ]. Everything
B ermuda House of Assembly in this legislation we believe is here to serve a purpose. I heard the word of the Opposition Leader. And he is right. I am touchy when it comes to this le gislation. He is right that I am taking this personally, Mr. Speaker . And the reason why we are taking this personally is because the Premier, the Minister of Health and I, we get the calls with people wanting to leave a quarantine facility. We get the calls when we get the numbers sitting in the room learning that another pe rson has died, or three more people have been found positive for COVID. This is a significant responsibility, Mr. Speaker . And he is right, we are touched. And we are doing this because we have been charged by the people. And so, when we have legislation, we have to make sure that the legislation is clear. But, Mr. Speaker , it must have some carrot and it must have some stick. It mus t! If people do not follow the legisl ation, we must have the ability to hold them to account. We must have police officers or Bermuda Regiment officers — [ Crosstalk ; feedback ] Hon. Wayne Caines: —able to [INAUD IBLE ] Mr. Speaker, we believe that this legi slation— [ Crosstalk ; feedback ] Hon. Wayne Caines: Mr. Speaker, we believe that this was not — [Crosstalk ; feedback] Hon. Wayne Caines: We believe that if it was not an emergency, if we believed that it was not a national pandemic, we can do things a little differently. But, Mr. Speaker, I have the benefit of having the Shadow Minister of National Security in a couple of our EMO meetings, and it was a privilege to share this legislation beforehand. Beforehand, I was able to get the thoughts of the Shadow Attorney General. I was able to share those thoughts from the Shadow Attorney General with the team. This has indeed been a collaborative process before this legislation, Mr. Speaker — [Crosstalk ; feedback ] Hon. Wayne Caines: —was come out one of the early stages of Shadow — [Crosstalk ; feedback] Hon. Wayne Caines: —the Shadow of National S ecurity Minister had the benefit of seeing this legisl ation. [Crosstalk ; feedback] Hon. Wayne Caines: The Opposition Leader had the ability to — [Crosstalk ; feedb ack] Hon. Wayne Caines: Mr. Speaker, your microphone is on.
The SpeakerThe SpeakerOh. Hon. Wayne Caines: Mr. Speaker, we have had the opportunity to share this legislation with the Opposition prior to the legis lation. We did receive the comments of our learned friend, my learned friend the Honourable Shadow A ttorney General, [INAUDIBLE] records when the legislation came out and every …
Oh. Hon. Wayne Caines: Mr. Speaker, we have had the opportunity to share this legislation with the Opposition prior to the legis lation. We did receive the comments of our learned friend, my learned friend the Honourable Shadow A ttorney General, [INAUDIBLE] records when the legislation came out and every time we published [INAUDIBLE]. But what it looked like, Mr. Speaker, is having the Shadow Minister in the room, allowing him to [INAUDIBLE], allowing him to share that with the Shadow Attorney General [INAUDIBLE], allowing the Shadow Attorney General to share his thoughts with us . . . that was done through this process. And I believe that we now have the Government Emergency Powers (COVID -19 Continuing Precautions) Regulations 2020 that has the perfect balance of highlighting the need to protect this country, keeping in mind the times that we live in, the perfect melding of carrot and the perfect melding for stick. Using the legislation allows for clear guidelines, setting out what the phases are; clear guidelines for shopkeepers, clear guidelines for [INAUDIBLE ], shopping days and grocery stores. Everything is clear-ly outlined, precept upon precept. It is an opportunity for us to now look at this legislation, ask ourselves a few questions. Ask ourselves a few questions. Does this le gislation represent opportunity for us to protect this country? Even though the numbers of COVID -19 pos itives are going up, does it allow us . . . Is it fair? Does it have the opportunity for us to police this country and make sure that people are following the legislation? Does it [INAUDIBLE ]? I say, Mr. Speaker, it does all those things. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister . I appr eciate your comments. I would like to call on Honourable Member Ben Smith. He has indicated he would like to speak. Honourable Member Smith —
The SpeakerThe SpeakerGood afternoon. 3992 8 May 2020 Official Hansard Report Bermuda House of Assembly Mr. Ben Smith: I would like to start off by thanking the Honourable M inister of National Security for the opportunity to be on those EMO meetings. It gave me an opportunity for me to hear what …
Good afternoon. 3992 8 May 2020 Official Hansard Report
Bermuda House of Assembly Mr. Ben Smith: I would like to start off by thanking the Honourable M inister of National Security for the opportunity to be on those EMO meetings. It gave me an opportunity for me to hear what is actually being di scussed, how things are being formulated and then having that opportunity to talk to our Shadow Cabinet and start to give some of the suggestions that we might have. Now, obviously what happened was that in that first phase we were a little bit late to the table to be able to give suggestions, which is what has caused a little bit of kind of the anxiety that is being discussed at the moment. But now that we have the ability to get the information and we have also been given the inv itation to submit kind of what we believe are good suggestions to what we are going to be doing in phase two. I think it is going to be important that that ability for us to give that information, that ability for us to give scrutiny and to give examples of things that might be done a different way . . . these are suggestions that they can take or not t ake. But having that opportunity was really important. I would like to thank the Minister for that opportunity. But as we are going through this . . . and o bviously even having that opportunity is something brand new. This is uncharted territory, because I think it is important that everybody understands that we are all trying to do what is best for the country. So, different suggestions from different people are going to make the regulations better as we move forward, because as the Minister of National S ecurity was showing there, there are lots of ideas that they are putting up on the wall. And as they are discussing them, they are going to have to formulate which one works and which one does not work. And we have already seen today that some of the regu lations had to be tinkered with since they were put forward because once you have to actually deal with it on a day -to-day basis, you see what the challenges could be with certain regulations. One of the things that I would like to discuss is that obvious ly when people bring information forward it is going to be based on their own personal bias. The thing that is a priority for one person is not necessarily going to be the priority for somebody else. That is the reason why it is important to get as many ki nd of voi ces in the room to give information on how the phases can happen, because the whole country has been going through this at the same time and a lot of people are struggling—both employers and employees. Everybody is anxious to figure out whether th eir particular industry is going to be the one that gets an opportunity to reopen so that they can start to move forward. So, if you are somebody who is the parent of a young child, getting education back in line and ha ving the ability to send your child to school becomes a priority for you. Or if you are the owner of a barbershop or a salon, or someone in your family is, then that becomes the priority for you and how do you get that industry back up and running. So, it is a challen ging balancing act that has to happen as you are going through these regulations. But one of the things that happens is that as a decision is made to allow one particular group to open, and understand that all of these decisions are being made so that you are keeping the populati on safe at the same time you are slo wly trying to get the economy back operating at a level that allows people to start to rebuild. But if you are one of the industries that has not had the opportunity to open yet in phase one and you see that other peopl e have been given that opportunity, you are going to scrutinise the different levels of opportunity that has been given to that person. So, there are a couple of examples of that. So, in the regulation there are going to be restaurants allowing one person to go inside of the restaurant in order for them to pay and to pick up their order. And it seems like, you know, a minor position for that to happen. But if you are retail store that was struggling prior to this pandemic taking over, every opportunity you have in order to service your customer is another way for you to continue to build your ability to continue your bus iness. So, when that retail owner is looking at that option that is being given to the restaurant industry, they look at it [with] a different set of eyes than the way the regulation was written at the time. There are also changes where, when you look at the way things are written right now, there is no mention of the potential of , say, a nanny going into a house. Well, it is my understanding that nannies have been allowed to go back into houses. So, they are actually interacting with children inside of a house. Well, if you are the owner of a small nursery in your house where you are only having three people and you have gone through all the certification and you have done all those things, and you now see that this person is getting the option to go back to work into somebody else’s house, that is actually putting a strain on you. That actually increases your anxiety because you are looking at it saying, Well, I am not available until phase three and I do not know how long it is going to take to get there. These are all the different angles that you have to look at when you are making the decisions on the regulations. Another example that I will give is when you look at the initial regulations when it comes to opening of golf courses. You know, there were specific r estrictions that were in place, and since the regulation has started those restrictions have changed because once you open up you start to realise what actually is entailed to go through —
[Crosstalk ; feedback ]
Mr. Ben SmithSo, as they are going through that, the changes would be that you have people that are now in golf carts —they have access to a golf cart, B ermuda House of Assembly they have access to . . . there are pins. So, now the ability for people to …
So, as they are going through that, the changes would be that you have people that are now in golf carts —they have access to a golf cart,
B ermuda House of Assembly they have access to . . . there are pins. So, now the ability for people to actually touch the same items is now there. Well, if you are in another industry and you are seeing that those options, that obviously when you are making the regulations, safety first, but some i ndustry is being given the opportunity to kind of come back into working with modifications to how they are doing it, and there are other people that are probably looking and saying, Well, I can do the same thing and I know that I can do it at probably at an even safer level. So, as we are moving forward, those are some of the things that we are going to have to actually monitor when you are making a decision on which group is going to open and you are putting in place as best as you possibly can, because this is a moving target. How can we keep people safe as we are mov-ing forward, but at the same time understand that when we are giving the opportunity to some groups and other groups are not getting that opportunity and they are suffering because of the way the economy is being affected by the pandemic, that is what is going to create another level of anxiety. And those are where those questions are going to start to come from. And that is the piece that is going to increase the stress level that is happening with the Minister and everybody else. And we are just asking these questions. We literally are in the position now that we are going to take in the suggestions, we are going to pass that information on to the Ministry so that we can try to help to formulate regulations which are going to stand up as best as they possibly can. It is not possible for anybody to come up with the perfect one that is going to cover everybody, be-cause everyone is going to have their own opinion on what is the best version. But where we are now is, this opportunity for us to have open dialogue, to have attendance at the meetings to be able to take that i nformation and discuss and then be able to give our feedback is an important one and, once again, I would like to thank the Minister for that opportunity and we will continue to ask questions. We will continue to make suggestions and we hope that those questions will be answered and that the suggestions will be taken up if they are sugges-tions that overall are believed that they are in the best interest of making the regulation better. Everybody needs to understand that at this point we are all in this together. But we are all trying to do what is best for the citizens of Bermuda to keep them safe and to obviously get our economy moving again so that we can stop the amount of suffering that is obviously happe ning the longer that we are closed up. With that, I thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member. Honourable Member Scott, Michael Scott, would you like to make your contribution now? Hon. Michael J. Scott: Mr. Speaker, thank you, Mr. Speaker . I am very happy to make a brief contribution, to make a brief contribution to the Emergency Powers (COVID -19 Continuing Precautions) …
Thank you, Honourable Member. Honourable Member Scott, Michael Scott, would you like to make your contribution now? Hon. Michael J. Scott: Mr. Speaker, thank you, Mr. Speaker . I am very happy to make a brief contribution, to make a brief contribution to the Emergency Powers (COVID -19 Continuing Precautions) Regulations. Mr. Speaker, and colleagues, these continuing precautions reflect the Premier’s, and by exte nsion, the Government ’s reasoned and thoughtful and planned phased reopening of the economy. I think that is the aim and gravamen of this continuing set of precautions. I want to commend the Premier for inviting us to spend our time in the House today by providing feedback to him and to the Government that will hasten the economy’s reopening on a wider and wider basis. So, I do commend the Premier who is in charge of these regulations to do so on a consultative basis — consulting first this House, consulting the public at large through us, and providing the feedback which will help to improve these regulations and get us to a point of the further reopening on this economy. Mr. Speak er, he does so . . . or rather, these regulations do so, by extending to weddings of 10 people, fishermen and the noted exclusion because of the preservation or the value of oxygen, the exclusion of scuba diving, the inclusion of money services and pensions. Mr. Speaker, and to the Premier, if I could try and provide some feedback to you arising out of the regulations themselves, I have had the opportunity to read. Fishermen, of course, are part of the food pr oviders in our country. And what I would like to know and ask the Premier and his team to consider, l icensed fishermen of course can go to sea or, as well as commercial fishermen. All fishermen crews require not just that licensed fisherman, Mr. Premier, Mr. Speaker, to go to sea, but they generally need a team, some helpers. And I am trying to understand and I . . . in fact I am fielding a query from a constituent whether it is permissible for the helper also to be part of the permi tted grouping on that fishing vessel, or indeed later at the point of helping the licensed fishermen to purvey the fish that have been brought in. And I say that local fish have become a new attractive source of nouris hment in our country. It avoids people having to line up— it did avoid people having to line up, Mr. Speaker , in long lines at the, you know, supermarkets. But it is a valuable contribution to our food security effort in the country. So, that one question . . . I hope it is clear. Will the licensed fisherman permit that requires the permission of the Minister of National Security extend to his help or members of the household of that licensed fisherman? That is something for us to con-sider making more clear in these regulations. Mr. Speaker, in terms of the permitted bus inesses that the opening of the economy is linked to, 3994 8 May 2020 Official Hansard Report
Bermuda House of Assembly could I suggest to the Premier that there are . . . and I know that the Minister of Tourism and Transport may wish to speak to this as well, but can I suggest that we add to the permitted businesses cruise liners with crews that are wandering the seas and unable to find ports, being permitted to be at our Bermuda docks within Dockyard and [on a] restricted shoreline basis only. And then as we continue to see the health profile improving that there be business to business or bus iness to cruise liners at the docks considered. So, that is a suggestion to the adding to the list of permitted businesses or, really this is permitted business activ ity, Mr. Speaker . I think that it is important for us to consider, Mr. Speaker, what the greatest economi c activity drivers in our economy are. The Minister of Finance will know what these are. The Premier, the Opposition Leader . . . we all know what these are. I cannot call them to mind right now whether it is, you know, the spa facilities, but the activiti es that are the biggest economic drivers in our country —apart from the fact that international business and, you know, the financial sector are the classic ones. But I am talking about in the local economy. Let us intend to find what these economic drivers are and consider, Mr. Premier, ad ding these to our list of permitted businesses as we move through your phases two through to four. As an attorney and former Attorney General, I believe that the House’s time is better spent, notwit hstanding the fact that the Honourable and Learned Member Mr. Pearman wishes to ensure that there is due constant process and that our constitutional free-doms are not being impinged. Mr. Pearman should recognise that in emergencies our Constitutional freedoms are always restric ted in the name, this time, of preserving life and in the name of getting a hold of this contagion in a way that stops it from spreading. Our time is better spent responding directly to the Premier’s call for feedback. I think we do all u nderstand the poi nts of due process and observance of human rights that the Honourable Member speaks to, but there is a focus these days now as we are in phase one of COVID -19 reopening of examining closer and closer and with greater skill and thoughtfulness the activities that we can bring online. So, Mr. Premier, I will give further thought to other activities and other contributions to providing feedback, but those represent the ones that I am able to come up with in the short phase, short period I have had to examine t hese regulations. Good luck with them. Thank you, Mr. Speaker .
The SpeakerThe SpeakerHonourable Member , thank you for your contributions. I will now have the . . . Opposition Leader, would you like to make your contribution at this time? Honourable Member . Hon. L. Craig Cannonier: Yes, thank you. Thank you, Mr. Speaker, and let me start off by saying thank …
Honourable Member , thank you for your contributions. I will now have the . . . Opposition Leader, would you like to make your contribution at this time? Honourable Member . Hon. L. Craig Cannonier: Yes, thank you. Thank you, Mr. Speaker, and let me start off by saying thank you to the Premier for making this opportunity poss ible. I would also like to start off by saying to our Minister of National Security thank you very much for the inclusion of Shadow Minister of National Security, Ben Smith, for his inclusion and for the opportunity that we actually have right now in exercising the ability of bipartisanship even throughout the irregular session that we are having. It is true t hat this COVID -19 has wreaked havoc on Bermuda, and we are seeing the results of that in everyday living. I have mentioned before that it is causing us to question many things, primarily, in a political sense—question our politics, our economics and the li kes. I am extremely grateful and I want to make sure and ensure that the public, Bermuda, knows that the OBA is extremely grateful for the extension of a hand from the Government to be more inclusive as we move forward through trying to find solutions to the challenges that we do have. I think what we are beginning to see, and what we are seeing already, I should say, is desper ation. We are seeing frustration. We are seeing our Ministers and the Opposition are seeking to help ease and allay many of the concerns and the fears that are out there. And on any typical day you will find bipart isanship happening all across the board where Me mbers from the Opposition are speaking to the Go vernment , and Government is speaking to the Members of the Opposition, see king out a balanced and a way forward on how we can give clear instruction, clear guidance and allay these fears to the people of Bermuda. It is to the interest of us as politicians to find that balance and to find that means of being able to do that. I do recognise that this is not going to go without having some tough conversations, and som etimes during the session that we are now having, Mr. Speaker , it can get a bit tense. But what I do reco gnise is that equally to the Government ’s intensity is the Opposition’s intensity to help the situation. And I believe that as we mature through this, we will recognise that we are simply —all of us —attempting to get to the point whereby we can get people back to work and those who have not been working, we can find them jobs. Those people who are out there or who are finding it difficult right now to feed themselves, a sc enario for many, is that they will ride through this. They have enough resources to extend and go a longer period. And many of those right now who do not know what is going to happen tomorrow are seeking and trying to find the means and the way to feed their families, to go home without any fears and to know that the Government and the Opposition are working equally on their behalf.
Bermuda House of Assembly A typical day can be seen very easily where we are calling and we are sending messages back and forth, what is happening and calling the Minister of National Security and saying, Listen, you know, this is another situation that has come up, that we have a family who is try ing to get their child back to Bermuda, whatever the case may be, and they have been out there now for months and months and months . . . these are the situations that are going on. So, there is an imminent fear that people are not going to make it, that f amilies are not going to make it through to the next day if we cannot [provide] some help to them. So, as we see the regulations in phase one that we are going through and we are trying to understand how much more can we input —unfortunately for us, as was mentioned by the Shadow Minister of National Security, Ben, we were not able to give some of our recommendations based on the regs that had already gone out. And we know that going forward we most likely will see the opportunity of that changing where we will have the opportunity to speak to these things ahead of time so that we can make recommendations. I want to also say that I appreciate the Ho nourable Member from [constituency] 36 and some of the recommendations that he is making. But this is all cognisant of the fact that this is a very fluid situation and that we are all seeking out the opportunity to help. The more we come together in seeking out these o pportunities, the more people and the personal issues that they are going through can be helped. Mr. Speaker, there are some serious dire challenges that are out there and we recognise that the Government is not going to have all the answers which is why, in a political atmosphere, we are looking for democracy to happen here where we can also add to that conversation to lessen the number of loopholes that potentially could be there—potentially could be there. Again, as I have said, we are already seeing where we are morphing and we are adding more things, for instance, as the three new guidelines that the Premier has put forward. That only comes about as we extend the conversation to the wider public, to the Opposition, to ensure that we are meeting the needs of our people. Now, I have some advice for the private sector, and I am going to use an ex ample of St. Regis, who I have had the opportunity of looking at before phase one came about. They were already laying out a platform and a process by which they could adhere to social distancing and the health regime that the Health Minister has put out t here to minimise as much as possible the potential of spreading COVID -19. We need more industries writing into the Government , making suggestions about how they can mete out their business, how they can conduct their business safely, securely and with mini mal impact on the cit izens of Bermuda and their employees. So, I am appealing to the employers, whatever you can do, speak to your Minister s. Speak to the Premier. Speak to those who are working with them and find a way to give them solutions that will help you move forward in this process. Because this is fluid, I recognise we have these several phases that as we move forward it is going to take cooperation on behalf of the people of Bermuda and on behalf of the Go vernment and the Opposition to continue t o put forward ideas and solutions that will help us move through this troubling time. I recognise and I take heart when the Minister says that yes, they are taking it personal. And I just want to join in with them to say that we are all taking this person al. And I know that it will get frustrating at times because we are all doing many long hours. And I appreciate the fact that I have the opportunity to speak to the Premier, and he is very open about the number of hours and the long hours that he and his Cabinet are putting in. And I want to also thank the public who are out there who are putting in long hours to assist. There are many people out there, as I have mentioned, I am out and I deliver meals to those who are in need on a regular basis, and there are so many people doing so much right now and the spirit of Bermuda is truly alive, where people are doing, they are caring because this is personal. People’s lives are at stake. People’s health is at stake and not just their economic health, but more im portantly, their physical health. And when you start talking about how this is affecting families that are out there, it becomes ex-tremely personal. And I know some of the emails and the texts and the WhatsApps that the Minister s are getting, because we are receiving them as well. They are extremely personal, even throughout this session today, Mr. Speaker, I know that people have received many emails, questions and WhatsApps about the personal situation that they are in. So, as we move through this flui d situation, I anticipate that we will get better at a new form of de-mocracy —and when I say “new form,” a better way of this bipartisanship. But by no means is anyone seek-ing out to get the better side of another. We simply just want to ensure that we are doing the best for this country, for our lovely Island and, more importantly, for our people. These are tough times moving ahead and we are going to need everyone working together with the Government to help us through this situation. E xtremely tough times are coming ahead. We are seeing where the cruise ships are having challenges. And, thank goodness, I just saw where $2 billion was extended to one of the cruise lines. I believe it was Norwegian. But, again, we face the challenge of having lost our cruis e ship industry pretty much for this year. So, what then do we supplement that with? 3996 8 May 2020 Official Hansard Report
Bermuda House of Assembly So, again, I go back to the private enterprise, appealing to them. If they have suggestions and id eas, I know it may seem tough sometimes. Sometimes it feels like you are banging your head against the wall. But you need to keep banging so that you will get the solutions forward. I am appealing to my team to continue on as they have been in seeking out, to seek our Minister s, our Premier, to offer solutions and ideas and, again, I go back to the very beginning as I said, I want to thank the Premier for this opportunity right now that we have of being able to have the regs on the table, being able to discuss them in an open f orum. And, yes we will get excited at times. But by no means does the excitement mean that we are trying to embarrass anyone or trying to pull the wool over someone’s [eyes]. This is all about . . . just like you, Government, this is all about the people of Bermuda. So, we move forward in this vein. We move forward in this measurement of being able to speak how we feel about things. We may differ sometimes on approach, but we recognise that this is just a part of life. But that is no way, in any way, saying that we have not the interest of Bermudians in mind. The new guidelines, as we see they make sense. I appreciate what the Premier has put forward. And I also hopefully believe that the Premier will appreciate the attempt that we have made in putting submissions forward seeking clarity. And we got some clarity from our Minister of National Security on some of the issues. But these were concerns that were coming forward as we discussed them. And I appreciate the Minister of National Security allowing our Shadow Minister to share those regs with myself so t hat we could have a clearer discussion about how we could present some alternatives or some more light to the concerns that we did see, and let us move forward in the vein of bipartisanship to ensure that we get through this healthily, the best we can. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Are there any further speakers? Hon. Michael H. Dunkley: Yes, Mr. Speaker .
The SpeakerThe SpeakerOkay. Member, you can go ahead. Hon. Michael H. Dunkley: Thank you, Mr. Speaker , and I thank my h onourable colleague, the Opposition Leader for his comments on this debate. And certainly I think it has been a worthwhile and hopefully productive debate on these regulations. I certainly do …
Okay. Member, you can go ahead.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker , and I thank my h onourable colleague, the Opposition Leader for his comments on this debate. And certainly I think it has been a worthwhile and hopefully productive debate on these regulations. I certainly do appr eciate the Shadow Attorney General’s comments in regard to t he regulations. They are valid points. Having said that, I think we should all understand and accept that if you sit on Opposition benches every debate is worthy. If you sit on Government benches, at times, you do not want to have debates. But in the back of your mind you realise that it is i m-portant to have those debates. This is one of these situations at this present time. You know, I think we all know . . . everyone who has been involved in the workings of Government through their political career knows that the drafting of legislation, and certainly the drafting of regulations are difficult and can be cumbersome at times. Not only do you have to get the full intention of what you desire to happen covered in those regulations or in a Bill. But you also have to make sure that it is worded exactly right so it reads right, it is interpreted right and the law is carried out, or the regulations are carried out, in the appropriate way. And as colleagues have said, all through this debate and certainly in the debate generally today we are in uncharted territory with this pandemic. Gover nment has been relatively open in wanting to receive feedback from all sectors of the community. We heard a statement . . . not reflecting back, earlier, Mr. Speaker, on Ministe rial Statements, but we heard a statement from the Minister of Communications earlier about what they have done and the feedback that they are delighted to get. So I would assume that it is especially important for a Government to hear the feedback from their colleagues in the House of Assembly. And that is why these regulations are important to be tabled at the earliest convenience so we can have this debate. Now, the Opposition Leader did reflect on submissions by the OBA as we moved towards May 2 nd on the easing of regulations. And obviously we were pleased to be able to provide something to the Government . But we were also pleased to see that the Government seemed very open to receiving the information, and this set of regulations that we debate here today seem to be a footprint that both political parties could stand in quite strongly as we move forward. They seem realistic. They seemed a good step for phase one, understanding that we still have a lot of work to be done. So, having said that, Mr. Speak er, I do not want to belabour this debate that much longer other than to give two questions to the Honourable Premier as he has an opportunity to wrap up, as you so gr aciously accepted that he can do, and then a final comment. So, my two questions to the Honourable Minister, regulations can be changed from time to time. They certainly can be changed while they are in place. And I was curious in regard to a previous set of regu-lations as to why in midstream they were changed to allow fishermen to sell by the side of the road where at the same time farmers were not allowed to sell by the side of the road. I have been asked this question by some of the local farmers. I know the Government has been very open about their support for fishermen and farmers, and I thought I would just seek clarity on that question.
Bermuda House of Assembly I am pleased to see in these regulations though, Mr. Speaker, that both fishermen and farmers can sell in their typical way on the side of the road with some restrictions put in place. And I think that i s helpful. We have been blessed, Mr. Speaker, at this time of year. The weather has been reasonable and fishermen have been able to get out on the seas and the lines have been tight quite often so there seems to be a reasonable supply that they can now sell. I think that helps take some pressure off the grocery stores. Also, Mr. Speaker, this time of year, in springtime, is typically the most bountiful time for our crop farmers and. So we have seen a reasonable abundance of many of the crops that can grow in Bermuda— broccoli, cauliflower, carrots and corn—starting to come online with many other Bermuda crops. So, I think we are blessed to have that at this time when we face this pandemic. And hopefully, we can build on that to make it more sustainable. So, I appreciate the Honourable Premier answering that question. The second question I have, Mr. Speaker, to the Honourable Premier, in the regulations that we just debated here tonight it says on page 7, the “Commencement and duration,” it says “22(2) These Regulations shall cease to have effect at 6am on 31 May 2020 . . .”. Can the Premier answer a couple of questions on this one item? What is the process of decision -making to allow these regulations to be changed, or allow us to come out of phase one on that date? Secondly, is it entirely possible that, based on the framework of a decision- making which the Honourable Premier and his colleagues have, we could come out of phase one earlier than the 31 st of May? So, having said that, Mr. Speaker, I will close by saying that all the regulations, all the enforcement that is put in place, all the infringement on our typical way of life and the wont by all of us in Bermuda to get back to a more normal way of life is only going to take place —
Hon. Wayne Caines: Point of order. Point of order,
Mr. Speaker .
The SpeakerIs there a point of order? Hon. Wayne Caines: Yes, Mr. Speaker .
The SpeakerThe SpeakerMinister Caines. POINT OF ORDER [Misleading] Hon. Wayne Caines: The Member is inadvertently misleading the House. Fishermen are allowed to sell fish at the side of the road.
The SpeakerThe SpeakerOkay. Thank you. MP Dunkley, you care to comment on that? Hon. Michael H. Dunkley: Yes, Mr. Speaker, I was almost finished, but I accept the point of order, but unless I misspoke—and I do not think I did —my que stion was to the Honourable Premier. I see in …
Okay. Thank you. MP Dunkley, you care to comment on that? Hon. Michael H. Dunkley: Yes, Mr. Speaker, I was almost finished, but I accept the point of order, but unless I misspoke—and I do not think I did —my que stion was to the Honourable Premier. I see in these regulations both farmers and fishermen can sell by the side of the road. But under previous regulations, fishermen were allowed and farmers were not. And I wanted to know why ther e was a difference at that point in time, because Government has clearly said . . . and we in the Opposition support both our local fishermen and our farmers. So, I wanted to know why there was a difference where fishermen could at one point, and farmers c ould not at another point. I hope that brings it clarity. So, Mr. Speaker, just getting back, with all of the regulations, all of the enforcement and all of the infringement on normal ways of life for all of us here in Bermuda, it all comes down to us and our personal responsibility on how soon we can move to a better place, how soon we can move to a better place where we have more freedoms than we can exercise today; how soon we move to a better place where we have less worry about our senior citizens, our loved ones who are vulnerable; how soon we can get to a better place when people can get back to work in all sectors of our society and feel more comfortable in going home knowing they can pay their bills and relax. All of that, Mr. Speaker, comes down to our personal responsibility and practicing everything that the experts have told us about with this virus pandemic—that we need to social distance, we need to phys ical distance, we need to protect ourselves and we need to protect other people by wearing face masks when we are out in public. Mr. Speaker, all the regulations, all the e nforcement in the world will not do any good unless we take that personal responsibility. And I think that is the most important message that Government has said all along and we support it fully, because if we do that we will come out of this very difficult period of time much quicker and in much better shape. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? No other Honourable Member ? Premier would you like to close us out? Hon. E. David Burt: Sure, Mr. Speaker . I thank Honourable Member s for their comments. Just a few things; and I guess I …
Thank you, Honourable Member . Does any other Honourable Member wish to speak? No other Honourable Member ? Premier would you like to close us out? Hon. E. David Burt: Sure, Mr. Speaker . I thank Honourable Member s for their comments. Just a few things; and I guess I will just go in reverse order. I thank all Members for certainl y parti cipating in this debate and I thank the kind words of the Opposition Leader. We are learning to work together during this particular, I would say, through this partic ular crisis. And I would say that the country is certainly better for this cooperat ion as we can focus doing the 3998 8 May 2020 Official Hansard Report
Bermuda House of Assembly work of Government and not focus as much on engaging in the back and forth of politics. Regarding the last question which was asked by the former Premier regarding the shelter in place regulations as they existed previously, on the . . . just to give history, the shelter in place regulations went into place on the 4th of April, I believe. There was the first amendment that was made on the 9th of April, and this allowed registered commercial farmers to do de-liveries only or roadside sales by licensed fishermen. The next amendment that was done on the 19 th of April allowed for roadside sales to be done for both fishermen and farmers. And clearly now we know that it is included as part . . . and there are not r estricted in those hours. Before they were restricted from the hours of 7:00 to 9:00. Now I believe there may be unrestricted hours or a different time. I do not have it. So that is the answer to that particular question, for the Honourable Member from constituency 10. Regarding questions which were asked earlier by the Shadow Attorney General, the Member from constituency 22, there was a question about applying again to a Minister for permission. I know that this was clarified by the Minister of National Security, but just so we are clear that it is only for persons . . . this is only in curfews, since different classes of persons need different permission. So, now we only have a night -time curfew. And it is important to note that Schedule 1, paragraph 11, for the avoidanc e of doubt, written permission granted in paragraph 11, Schedule 1 of the old Emergency Powers (COVID -19 Shelter in Place) Regul ations, shall not be valid for the purposes of this par agraph. So the regs bring forth permission given to f inancial services, p et shops, laundromats, under shelter in place regulations, but they do not bring forth the permissions for curfew. And that was specific in this, because before it was permissions for all day and now this one was just permissions for curfew. So, those mat ters were not carried forward and they will be required to apply again. As you will recall, previously those risks were given for people to move around during the day and not everyone who had those permissions to move around during the day needed those sam e permissions to move around at night. Regarding the offences and power of entry, I think that from this particular issue that authorises the section 3 of the Emergency Powers Act [1963] itself, of which the regulations are made under, authorised the entry and search of any premises and “[(g)]provide for the apprehension, trial, and punishment of persons offending against the regulations.” And it is impor tant to note that fines which are penalties are not the same as the imposition of taxation, and we should note and recognise that as is understood in law. I want to thank Member s for their participation. There were some points which were raised which will certainly be taken under consideration. And just for Member s and also for the listening public to note, as I had said, the three amendments which were di scussed regarding weddings, scuba diving and also the opening of money service businesses are gazetted and they are allowed. Weddings, of course, no one is going to have a wedding tomorrow, but I want Me mbers of the public to know that those have been enabled. The scuba diving ban is in effect at this point in time and I am sure the Minister of National S ecurity and his team will relay that. The issue regarding mon-ey service businesses is just for any money service business that might be trying to open tomorrow. The laws and regulations are very clear that money service businesses can only open with the permission of the Minister of National Security. And the Minister of National Security will certainly communicate with the money service businesses regarding those. And I am certain that by next week Monday or Tuesday, some may be able to resume their trade. So, with that, Mr. Speaker, the Honourable . . . oh, sorry. Let me just give one more [answer to a question] which was asked by the Member from constituency 10 regarding the considerations that will go into place regarding when we make changes to the regulations and move into phase two. Those are going to be on the basis of public health advice and is going to be regarding the community surveillance, whether or not we have an increasing number of cases or cases are static, what the load is inside the hos pital, what we are seeing insofar as testing and screening inside the community to see whether or not we can actually move to phase two. With that, Mr. Speaker, I am guessing that the Minutes will reflect that the Honourable House has taken note, and I look forward to possibly tabling any further changes or amendments to these particular regulations the next time that the House sits and at that time we should also have the amendments to the Emergency Powers and Statutory Instruments Act ready so there cann ot be any avoidance of doubt as to the parliamentary scrutiny which is required for these regulations.
[The House took note of the Emergency Powers (COVID -19 Continuing Precautions) Regulations 2020.]
The SpeakerThe SpeakerThank you, Mr. Premier. Members and lis tening audience, that brings us to the end of the Orders of today. I would like to call on the Minister of Finance to do his third reading on the National Pension Scheme Occupational Amendment — [Crosstalk ; feedback ] Bermuda House of …
Thank you, Mr. Premier. Members and lis tening audience, that brings us to the end of the Orders of today. I would like to call on the Minister of Finance to do his third reading on the National Pension Scheme Occupational Amendment —
[Crosstalk ; feedback ]
Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21
Hon. Curtis L. Dickinson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled National Pension Scheme (Occupational Pensions) Amendment Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAny obj ections? No objections. Continue, Minister . [Motion carried: Standing Order 21 suspended.] BILL THIRD READING NATIONAL PENSION SCH EME (OCCUPATIONAL PENSIONS) AMENDMENT ACT 2020 Hon. E. David Burt: Mr. Speaker, I move that the Bill be now read for the third time by its title only and passed.
The SpeakerThe SpeakerIt has read by its title only a third time and it is now passed. [Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMr. Premier? ADJOURNMENT Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Speaker, I move that this Honourable House do now adjourn until 10:00 am on Friday, 22 May 2020.
The SpeakerThe SpeakerDoes any Honourable Member wish to speak? Hon. E. Da vid Burt: There are a few. [Laughter] Hon. Diallo V. S. Rabain: Mr. Speaker, Minister R abain.
The SpeakerThe SpeakerI think everyone is on mute. I did no hear anything. Hon. Diallo V. S. Rabain: I am sure you hear me. [Laughter] The Speaker: Minister of Education, is that you? Hon. Diallo V. S. Rabain: That is me, sir.
The SpeakerThe SpeakerMinister, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker .
The SpeakerThe SpeakerI will give you your 20 minutes starting on the clock now. How is that? REMOTE LE ARNING STRATEGIES Hon. Diallo V. S. Rabain: All right. Thank you. Mr. Speaker, it has been seven weeks since our schools closed on May [sic] 24 th in response to our Island’s COVID …
I will give you your 20 minutes starting on the clock now. How is that?
REMOTE LE ARNING STRATEGIES
Hon. Diallo V. S. Rabain: All right. Thank you. Mr. Speaker, it has been seven weeks since our schools closed on May [sic] 24 th in response to our Island’s COVID -19 pandemic. While the Department of Education had been on notice for week s prior to that, nothing could have prepared us for the sudden transformation from in- class learning to a remote sy stem that we are currently experiencing. This system included nearly 5,000 students, 600-plus teachers, 10 preschools, 18 primary schools, 4 middle schools, 2 senior schools and 2 special schools. It has been nothing short of a tremendous task to coordinate all of the programmes on a normal day, but to do it on such a short notice in the high level that it has been done is a testament to the c ommi ssioner, the team, our teachers, our students and their parents. And to them I say thank you. Mr. Speaker, the conversion from inclassroom teaching to a hybrid remote learning exp erience has not been without its bumps and lumps. Notwithstanding such issues as students’ and some of our teachers’ and also our primary teachers’ home conditions, which were unknown at the time—things such as lack of proper devices, l ack of Internet —have provided barriers that needed to be overcome. Recognising Department of Education launched surveys to get feedback [INAUDIBLE ] parents of their needs, we have also surveyed the teachers to determine their needs. Mr. Speaker, what has been [INAUDIBLE ] what has been going on, a system [INAUDIBLE ]. Mr. Speaker, while that has been going on our system of having school packets delivered to students by the postal service has been implemented. I applaud the efforts of our teachers for putting these packets together. I applaud our principals and their teams for going to the schools to photocopy and pr epare the packets for delivery, and of course the postal workers who have been delivering the packets to our students. Mr. Speaker, we have used feedback from our surveys to refine our remote learning programme. It has been necessary t o take into account the challenges we are facing. Parents are now balancing working from home, the supervision of their children. Some teachers are also parents and their challenges 4000 8 May 2020 Official Hansard Report
Bermuda House of Assembly needed to be taken into account. Therefore, Mr. Speaker, our remote learni ng strategy takes into account the varied situations and varied and different method teaching such as face- to-face learning lessons with Zoom, computer apps like ClassDojo, Seesaw, Google Classroom, DreamBox, Raz -Kids, just to name a few. Mr. Speaker, our remote learning does not depend solely on students to be online from 8:30 to 3:30. I think that is a really critical important thing to mention because, as we know, there are situations that we have students in the same household that may share their wor k. It is also critical to ensure that remote learning is a mixture of direct screen time as well as working on projects and lessons that do not require Internet devices. I have often discussed with parents for developing usage schedule if they have a devi ce that must be shared between their children. They can then forward those schedules to their children’s teachers who see how screen times can be scheduled around their home schedule. Those non- device dependent exercises that include choice project boards, project work and also computer -aided instructional programmes that can be worked on using scheduling between si blings, as I just talked about. Mr. Speaker, despite having these alternatives to having devices within their homes, we also recognise that our school system, our ways of lear ning have to change from what we have always known. In fact, a previously announced school reform project has always included the movement to more remote learning opportunities for our students. COVID -19 has forced us to bri ng these plans forward. We are committed to doing what needs to be done. Remote lear ning is here to stay with us no matter when our school buildings are cleared to reopen. So we must prepare ourselves for the revolution that has been thrust upon us. Mr. Speaker, the response from the public to help out our students has been phenomenal. Private companies and the general public have come forward to offer devices or services for our students. I am grateful for companies such as PwC and their donation of lapt ops for our teachers. The Bank of Bermuda Foundation who donated devices as well as One Communications who donated hotspots for hous eholds without Internet access including devices for students who do not have devices. While Bermuda can boast of having one of the highest Internet penetrations in the world, COVID -19 has certainly shown us who have and who does not have adequate Internet connection. We urge those parents and teachers who have not responded to our surveys, reach out. It is that data that wil l be used to determine who is a critical need and how those needs can be addressed. Mr. Speaker, while we are appreciative of those donations, it has become clear that if we move our system forward into the next era of remote lear ning, we need to accelerate our reform plans . This plan speaks to what devices are needed, what programming is needed, guidelines on how to move forward. As part of the development of remote learning, the team has responded and are working on developing a strategy moving forward and beyond COVID -19. Mr. Speaker, with this in mind, I am grateful to Bermuda- based Legal & General Reinsurance who partnered with the Department of Education to launch a Lighthouse Connect fund to raise monies to pur-chase laptops for public school students. Legal & General have already provided an initial contribution to the fund. The laptops will be procured in stages as funds are raised and the distribution of laptops will be managed by the Mirrors Programme in conjunction with the Department of Educati on. Mr. Speaker, I mention this at this time because, one, it was just announced last Friday in my press conference and it is already collecting steam. And, two, this initiative also prompted a notice that I received from an entity saying that they want t o collect data from schools and raise funds for laptops. This entity was directed to the Lighthouse Connect initi ative, but misunderstood that to mean that their support was not desired. This is not the case. Mr. Speaker, in the past many of our students and our schools had them donated to them on an i ndividual basis. While in the past this has been we lcomed by our schools, as I mentioned earlier it is a mammoth task to coordinate the 36 campuses. In the past this has resulted in donations not being suitab le due to incompatibility with existing IT systems or supplies not being able to be used as they did not align with the Department of Education’s direction. As we look to reform our system, it only makes sense that these donations are done in a coordinated fashion. Mr. Speaker, anyone wishing to donate should reach out to the Lighthouse Connect project so they can be directed to our partners who are coordinating the Lighthouse Connect initiative. This way you can be assured that your donation will not only be beneficial to the system as a whole, but those who are in need will have those needs addressed. This way you can donate but be assured your donation will be used as you intended, that is to make sure public school students are benefited. Mr. Speaker, I want the public to know that we are striving to ensure that we get a system that means that no student is disenfranchised due to personal circumstances. We want to also ensure that all of our students are given an equal opportunity to succeed and that means making sure that they have the necessary tools to do so. While I would love to be able to place a device in every child’s hands tomorrow, we must be realistic and work with what we have until we reach that noble goal. Mr. Speaker, it is not difficult for me to see a day when a laptop or a Chromebook is being checked
Bermuda House of Assembly out of a school for use the same way a student will check out a library book. It is not difficult to give all of our teachers Department of Education issued devices which are to be used to enhance their teaching offerings and used to create a new concept of teaching opportunities to both them and their students. These are lofty, but attainable, goals. Mr. Speaker, despite some of the complaints we do hear about our current remote learning, I am very proud of what the Department of Education’s team, our teachers and our students have accom-plished in just a short time. COVID -19 has served to highlight that blackeye of racial inequality that many of us find hidden in the closet when we look at who has adequate devices or Internet access. However, with that being recognised, we will continue our part as education is the one area where we can start to level the playing field for our people, the one area we can start to merge the Two Bermudas, chip away at the racial inequality that has plagued our Island for far too long. Mr. Speaker, we are still on our journey to reform our system and phase out middle school, but we are well on our way. COVID -19 has forced us to readjust our thinking. It has for ced us to speed up some things and think outside the box. While some may see issues from COVID -19, we see opportunity. [We see] opportunities to revamp our system, and one that will still be worthy of being envied worldwide, and one that will produce some of the finest graduates — graduates that are educated to lead professionally and personally . Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister . Does any other Member wish to speak? Hon. Patricia J. Gordon -Pamplin: Yes, Mr. Speaker .
The SpeakerThe SpeakerYes, Member Gordon- Pamplin, you have the floor. MP VINDICATED BY HANSARD Hon. Patricia J. Gordon -Pamplin: Thank you. Thank you, Mr. Speaker . Mr. Speaker, for the last 21 years, I have served in Parliament and I believe that my team, my party and I do so with one …
Yes, Member Gordon- Pamplin, you have the floor.
MP VINDICATED BY HANSARD
Hon. Patricia J. Gordon -Pamplin: Thank you. Thank you, Mr. Speaker . Mr. Speaker, for the last 21 years, I have served in Parliament and I believe that my team, my party and I do so with one goal in mind. And that is to ensure the better good for the people of Bermuda. Not only do I wish to be selfish enough to say “my team,” but I believe that every single Member in this Honourable House has that same goal in mind. So, with that said, Mr. Speaker, under normal circumstances when people criticise me personally, coming from the House of Assembly, my gut reaction is normally I really don’t care because I have a purpose, I have a goal and it is my intention to fulfil that goal. Mr. Speaker, the last time that we met in the Honourable House which was on the 16 th of March of 2020, I was accused not by one, not by two, but by three Members of the Government for calling people in Bermuda who are on the “low spectrum of earning” to say that I called them “low earth people.” I was challenged by one Member, it was supported by another Member saying, Yes, that’s what she said; that’s what I heard. And then at the end of the evening, yet a third Member insisted, T hat’s what you said. Why do you not just accept the fact that you misspoke? Well, Mr. Speaker, let me say that I am so appreciative of Hansard, because I had the opportun ity to read, and I will refer Members to page 3844 of the Official Hansard Report of the 16th of March 2020. Mr. Speaker, on that page in the lower right -hand quadrant of that page . . . if you will allow me to refer, Mr. Speaker , just very briefly.
The SpeakerThe SpeakerYes, briefly, yes. Hon. Patricia J. Gordon -Pamplin: “Mr. Speaker, this Payroll Tax Amendment Act 2020 reduces to righting the promise of the information that was given during the Budget speech a few weeks ago, and it obviously serves to ensure that people on the lower end of the earning …
Yes, briefly, yes.
Hon. Patricia J. Gordon -Pamplin: “Mr. Speaker, this Payroll Tax Amendment Act 2020 reduces to righting the promise of the information that was given during the Budget speech a few weeks ago, and it obviously serves to ensure that people on the lower end of the earning spectrum would be able to see some relief. ” That is exactly what was said, Mr. Speaker . It was what was captured in the Hansard. All of the subsequent criticisms that came from Member s of the Government insisting that I called people “ low earth” . . . they are not just offensive to me, Mr. Speaker , but . . . the only way that I can have the opportunity to clear my reputation and my integrity is to refer to the written word. And it is in that regard I do so with this. Mr. Speaker, my en tire life I have come from a working environment. I have a profound respect, Mr. Speaker, for our workforce. You will never hear me . . . it is not in my DNA; it is not in my lexicon, and it is never in my thought process to denigrate workers in this community. So, when I am accused of doing such, that is something that I take personally. Mr. Speaker, I do not expect for anybody to come back and say they, you know, accused me i ncorrectly, because, as I said, I expect nothing and I have always been taught blessed he is who expects nothing, for he shall never be disappointed. But I b elieve that when these comments make it into the public arena and people who know me well start to question, Did you really say that? then I have to defend that position. Mr. S peaker, all I can say is that if we want to speak truly and honestly about chipping away at the partisan divide, working together as Members of the House of Assembly, both Government and Opposition . . . if that is our goal, Mr. Speaker, then we have to be honest with one another and we have to show integr ity when we speak in the House of Assembly. 4002 8 May 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, you will know me. From the time that I have been in House, you have also been there. And I can tell you that if ever I believed that I have misspok en, I am the first to correct it. If ever I offend someone, I am the first to apologise, because my purpose—and our purpose —here is bigger than what people can say to criticise and try to denigrate indivi duals. So, it would be remiss of me, Mr. Speaker, to allow this opportunity to go by without not just correc ting the record but to say that the Official Hans ard Report page 3844 on the 16th of March of 2020 would absolutely vindicate the position that I took that night, and what I have been able to take publicly. The only other thing that I will say, Mr. Speaker, is that if I fast -forward to page 3846 [sic], one of the comments I made obviously out of complete frus-tration and mentioning words there that were perhaps unparliamentary, Mr. Speaker, I would a pologise for it because I believe to tell somebody that they are lying in Parliament is not acceptable and . . . I am sorry, it is page 3847 . It is not accepta ble and to anybody who was offended by those comments, those comments were offensive, and I withdraw them. And I apologise for them. But at no point in time, Mr. Speaker, will I sit back and allow someone to vilify and pillory me and they are completely wi thout foundation. Thank you, sir.
The SpeakerThe SpeakerThank you, Honourable Member . Honourable Member . . . I think it is Famous, would you like to make a contribution? [Inaudible]
The SpeakerThe SpeakerHonourable Member? Okay, I will take Honourable Member Simons then. REMOTE LEARNING STRATEGIES
Mr. N. H. Cole SimonsThank you, Mr. Speaker . Mr. Speaker, I would like to just follow up with the Minister of Education’s comments. In essence he mentioned that, you know, this has been a challenging time and his team has basically pulled up to the wicket and did what they had to do. …
Thank you, Mr. Speaker . Mr. Speaker, I would like to just follow up with the Minister of Education’s comments. In essence he mentioned that, you know, this has been a challenging time and his team has basically pulled up to the wicket and did what they had to do. And basically we trans itioned 5,000 students, 600 teachers from traditional learning styles to remote learning styles. And, like him, I would like to applaud the students, the teachers and t he parents for this transition. It is a coordinated effort and, as he said, it was a coordinated challenge. But we have gotten there. Like the other industries . . . we have it in the private sector, we have it in the health sector, we have it in many busi ness sectors and so there was great to see the transition also oc-curred in education. According to the Minister, the transition bas ically started with a survey to the parents, to the family members, to determine what they needed as far as support. And I k now that the survey was extended so that you can get the responses. Obviously, some people responded and some of them have not r esponded. And some of them were not aware of the surveys because they did not have the laptops or IT equipment to address the survey. But be that as it may, the word got out and the department made an extended effort to determine the needs of parents and teachers. In regard to the training packages, I hear that the Minister of Education put a number of packages in the mail, and s ome of them could even collect them from the schools. I suggest that we consider engaging some of our taxi drivers who need work, who need business support. Engage them to deliver some of these packages to those parents and students who still do not have t he support that they need from the training packages point of view. So, just a suggestion, and I think the education would be benefitting from it, our parents and students will benefit, and our taxi drivers will benefit from this business. I note that we have the education 2022 plan in place. And part of that plan was to transition from the traditional methods of learning to more remote lear ning styles and more remote learning modalities. At some point in the future can the Minister provide an update into where we stand to date with what we have achieved thus far in regard to what was planned for the remote learning in education 2022? Mr. Speaker, the Minister of Education also spoke about the reform plan that would help manage the transition to the new educational model. I would ask and invite the Minister to table the reform plan so the community can be aware of it and be kept up to scratch in regard to where we [are], or how we will proceed, when we will proceed, and the type of tim elines. Now the issue of donations to our schools, from the private sector and the charitable sector, I know, and the Minister knows, that our business community and our philanthropic community are there to help our students and our parents. And he men-tioned the Bank of Bermuda Foundation, PwC, One Communications, and there are many more out there that are willing and poised to help. He mentioned that we should coordinate those efforts to flow through Ms. Jackson at the Lighthouse [Connect] project so that the process could be better managed from a requir ements perspective and a distribution perspective. And I do not disagree with that. But I would be a bit more proactive and go out into the community and say, Listen! Yes, we embrace your support, be it philanthropic or busines s community and, yes, we would welcome laptops and other IT equipment. But these are the types that we need. Define what we need so they can get what you need —
Bermuda House of Assembly Hon. Diallo V. S. Rabain: Point of order, Mr. Speaker. Point of order. The Member is misleading the House.
The SpeakerThe SpeakerHonourable Member , we will take your point of order. POINT OF ORDER [Misleading] Hon. Diallo V. S. Rabain: Yes, Mr. Speaker, I specif ically mentioned we have the challenge of coordinating an effort. We have asked anyone who w ishes to donate to contact Lighthouse Connect, they will be …
Honourable Member , we will take your point of order.
POINT OF ORDER [Misleading]
Hon. Diallo V. S. Rabain: Yes, Mr. Speaker, I specif ically mentioned we have the challenge of coordinating an effort. We have asked anyone who w ishes to donate to contact Lighthouse Connect, they will be given the list of items that they can donate or how they can help to provide funding to help us to go and buy those things. That was already said, Mr. Speaker.
Mr. N. H. Cole SimonsI am not disputing what he has just said. If he just listened to me . . . all I said was be proactive and say publicly. I know that the comm unity is willing to help the student population in this country with resources from an IT perspective. Say, …
I am not disputing what he has just said. If he just listened to me . . . all I said was be proactive and say publicly. I know that the comm unity is willing to help the student population in this country with resources from an IT perspective. Say, This is what we need. And you can coordinate the delivery of the laptops and other IT equipment through Lighthouse [Connect] project and Ms. Jackson. I am not disagreeing with the process that he has in place. All I am suggesting is t hat we have a better communications campaign with the community, and instead of just waiting for them to come to us, we as a department can go out to them and say, Yes, I am quite aware that the community is prepared to help and this is how you can help and this is how you can get it and then you can send it to Lighthouse [Connect] project , Ms. Jackson , and she can coordinate everything for you. It is just extending the arm to the community instead of waiting for the community to come to us. That is all I am saying. The other issue is, as you said, parents. We have working parents, single parents, and the st udents at home. And it is a stressful, stressful time, because you have some single parents trying to help their children with their homework and at the same time maintain their jobs so they can have food on the table. And I have heard many parents, many single mothers and many single fathers, like stressed to their max saying, I cannot deal with this much longer. I need some support, or I need to get bac k to work because it is just too overwhelming, and it is stressful. I know I am working at home and I do not have any children around me at this point and I can say unequivocally I am working harder at home than I work when I am in the office. So I can im agine, I just really can imagine what it is like for a single parent or a traditional family where the parents are home and their children are there learning and going through their lessons. It is not easy. Somehow, somewhere we should be able to provide parents with that support. I know it is not going to be an ongoing situation, but somehow we have to make the resources. I do not have the answer, but I know it is an issue that needs to be addressed. So, I am raising it and maybe somebody in Government can take some advice and provide some type of support for our parents as a parent resource to help them get through this challenging time and balance their work life with the responsibility of dealing with their children and their homework at home during thi s per iod. Mr. Speaker, as I said, generally I have no objection with the Minister ’s comments. I just wanted to add some value to his contribution and let the community know that we in the Opposition hear you. We share your concerns and we are trying to fi nd be tter ways to help you get through this time and also help you to better support your family members, especially our students. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . I now call on Mr. Famous. Are you . . . is your [microphone] on?
The SpeakerThe SpeakerYou sound like you are down in the East End lost somewhere. You should always call when you are in the west, you know.
Mr. Christopher FamousAh, okay, okay. Good evening my fellow colleagues, how are you? Do you hear me good, Mr. Speaker ?
The SpeakerThe SpeakerAh, well you are distant; you are di stant. But you are a little clearer than when you started. WHEN “WHAT IF” BECOMES “WHAT IS”
Mr. Christopher FamousAll right. Mr . Speaker, I will be very brief tonight. I am not even going to use 10 minutes. Mr. Speaker, what if . . . ? Mr. Speaker, yesterday I was stopped by a gentleman, a well -known sportscaster. He said to me that his team only needed …
All right. Mr . Speaker, I will be very brief tonight. I am not even going to use 10 minutes. Mr. Speaker, what if . . . ? Mr. Speaker, yesterday I was stopped by a gentleman, a well -known sportscaster. He said to me that his team only needed six more points to be EPL. (EPL means English Premier League.) He then went on to say, W ell, we only have nine games left and we only need six points, so numerically the odds are we would get it. My reply to him was that, What if . . . what if the EPL did not resume? Mr. Speaker, at that m oment, the well -known sportscaster, Mr. Ian Rawlins (he said I could use his name), realised that som etimes what is totally unexpected actually can happen. 4004 8 May 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, what if someone decided that they wanted to eat a bat for dinner? Now, for us in the west . . . eating a bat? Unheard of. But for some people this is what they do. What if that person got sick and—
The SpeakerThe SpeakerYou said in the west it is unheard of, right?
Mr. Christopher Fam ousWhat if that person who ate a bat got sick and others around him got sick? What if so many people got sick that the authorities in their country had no idea what was going on? What if this mysterious disease started to make its way around the world? What …
What if that person who ate a bat got sick and others around him got sick? What if so many people got sick that the authorities in their country had no idea what was going on? What if this mysterious disease started to make its way around the world? What if government s around the world had no idea what was going on? What if, in the abundance of caution, they decided they had to tell everyone to stay at home? What if they had to say there is no more global travel? What if hotels became empty? What if taxis had no passengers? What if cruise ships were docked permanently? What if millions around the world b ecame jobless? Mr. Speaker, lo and behold, what if Cup Match had to be cancelled? What if . . . ? Mr. Speaker, if we were to have run this by someone in January, they would have thought that we had a bit too much of that swizzle made by somebody who sits close by you. You see, none of what I spoke of right now is “what if.” These are now “what is.” You see, Mr. Speaker, we are no longer living in a “ What if . . . ?” situation. We are living in a “what is” situation. What it is is that this Government and the Opposition have responded to the unknown. What it is is that the essential workers of Bermuda did not miss a beat. They have risen to their fines t hour. The gr ocery workers, sanitation workers, the bus drivers, the police, the Regiment, the people normally forgotten have shown that they essentially kept Bermuda running. Mr. Speaker, not to be forgotten by this House— your House, the House built partially by Ho nourable Stanley Lowe, Honourable Randolph Horton, the Honourable Ernest DeCouto— is that it did not miss a beat. You see, Mr. Speaker, we can debate the people’s business while eating eggs and bacon and sitting in our blue and blue pyjamas. That is what it is, Mr. Speaker . We have adapted. We have adapted so much, Mr. Speaker, that the PLP and the OBA are actually working in unison —kind of, sort of. But more so than before. You see, Mr. Speaker, as Bermudians we are Bermudians first before we are PLP and OBA. Mr. Speaker, as Bermudians we will always have to adapt. We have to learn to share more now. We have to learn to spend less now. We have to learn to call more of our seniors. We have to learn to have virtual birthday parties. We have to c ontinue to cook for our neighbours because why, Mr. Speaker ? We have to understand that “What if . . . ?” could happen in a heartbeat. Mr. Speaker, this is the first wave of this pa ndemic. Who is to say that another pandemic is not going to hit this world? Who is to say that, Mr. Speaker? So, to my fellow MPs, now is the time to sacr ifice more than ever. Now is the time to reach out to those who have never voted for us before. No matter which side you are on, show them that you are the MP not just for the OBA people in the area or the PLP people in the area. Show them you are the MP for every person in this country —every person on this Island. You see, Mr. Speaker, our people are now starting to understand what true leadership is and we have to continue t his, Mr. Speaker . So, I say this to my fellow MPs, I miss you all. I wish —we all wish —we were in the House right now. But continue to show each other love, show love to our constituents, reach out to our seniors and understand that this is what is. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, MP Famous. Would any other Member like to contribute to this motion to adjourn? Any other Member? No other Member? No other Member? Premier? Well, I take it that the House now stands adjourned. We stand adjourned now until the 22 nd of May at 10:00 am. Members, …
Thank you, MP Famous. Would any other Member like to contribute to this motion to adjourn? Any other Member? No other Member? No other Member? Premier? Well, I take it that the House now stands adjourned. We stand adjourned now until the 22 nd of May at 10:00 am. Members, I want to thank you for our first full day of business in this virtual space. I think it has gone relatively smoothly. There were a few hiccups that we will overcome with more usage, but thank you. Cont inue to practice safe measures and continue—
Hon. E. David Burt: Hello?
The SpeakerThe SpeakerPremier, we are just closing out. Hon. E. David Burt: Oh, sorry, Mr. Speaker . I am on my phone. So is it time for me to go? Bermuda House of Assembly An Hon. Member: He is too late! Hon. E. Da vid Burt: Hello?
An Hon. Member An Hon. MemberWe are closed out. [Pause] Hon. E. David Burt: Mr. Speaker, do I still have time?
An Hon. Member An Hon. MemberGood night.
The SpeakerThe SpeakerPremier, we adjourned. Hon. E. David Burt: All right. [At 8:20 pm, the House stood adjourned until 10:00 am, Friday, 22 May 2020.] 4006 8 May 2020 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank.]