April 17, 2020

2018/2020 SESSION
of the
BERMUDA SENATE
OFFICIAL HANSARD REPORT
17 April 2020
VIRTUAL SITTING
Sitting 33 of the 2018/2020 Sess ion (pages 889–900)
Sen. The Hon. Joan E. Dillas -Wright, MBE, JP
President
Disclaimer: The electronic version of the Official Hansard Report is for
informational purposes only. The printed version remains the official
record.

Official Hansard Report 17 April 2020 889

Bermuda Senate BERMUDA SENATE

OFFICIAL HANSARD REPORT
17 APRIL 2020
1:25 PM
Sitting Number 33 of the 2018/2020 Session

VIRTUAL SITTING
Continuance of State of Emergency pursuant to section 14( 6) of the Constitution



[Sen. the Hon. Joan E. Dillas -Wright, President, pr e-
siding]

The President: Good afternoon, Senators. Welcome
to this virtual meeting. I will now say the prayers.

PRAYERS

[Prayers read by Sen. the Hon. Joan E. Dillas -Wright,
President]

ANNOUNCEMENTS BY THE PRESIDENT

FIRST VIRTUAL MEETING

The President: Senators, again I welcome you and
say good afternoon to you to this, our first virtual
meet ing of the Senate, brought about by this pandem-
ic.
I want to, first of all, thank all of those indivi d-
uals who were involved in helping us achieve this
successful meeting. . . virtual meeting. I would like to
highlight Mr. Derek Lamb, our IT specialist, the de-
partment and especially Mr. Russell Lister, who has
worked diligently this last 24 to 48 hours to bring this
about.

SUSPENSION OF STANDING ORDERS
The President: Senators, because this virtual meet-
ing is not covered by our Standing Orders, I am as k-
ing for your support in the suspension of our rules to
allow this virtual meeting to take place. But I would
ask, is there any objection to this virtual meeting?
There is no objection. Therefore, I will conti n-
ue.

Motion carried: Standing Orders suspended to allow
Senate business to be conducted virtually .]

The President: Senators, this virtual meeting is in
keeping with the current Emergency Po wers (COVID-
19 Shelter in Place) Regulations 2020 and social di s-
tance. I am sure you will agree with me that, as legi s-
lators, we must demonstrate and reflect these regul a-
tions and also do our part to not only protect each other, but also our respective fam ilies and anyone
whom you may come into contact with during this pe-
riod. I, therefore, thank you for your cooperation.

ORDERS OF THE DAY

The President: And now I will move on to item num-
ber 6 the Notices of Motion and the Resolution of ex-
tending the Cont inuance of Governor’s Proclamation
of Emergency.
And I, therefore, call on the Attorney General
to speak.

NOTICE OF MOTION
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President, and good afternoon Senators.
Madam President, I move that the Senat e do
now take under consideration the following resolution:
WHEREAS the World Health Organization
has declared COVID -19 to be a global pandemic;
AND WHEREAS COVID -19 is an unprec e-
dented and severe threat to public health in Bermuda;
AND WHEREAS a proclama tion of a state of
emergency existing in Bermuda has been issued by
His Excellency the Governor pursuant to section 14(3)
of the Constitution has been extended by resolution of
the Senate—

The President: Madam Attorney General —

Sen. the Hon. Kathy Lynn Simmons: Yes?

The President: Sorry, I need you to actually do the
Notice of Motion first. Do you have a Notice of Motion
before you?

Sen. the Hon. Kathy Lynn Simmons: Actually, I do
not.

[Inaudible interjection]

The Clerk: Can you just indicate that you are giving
notice to move the motion, then?

890 17 April 2020 Official Hansard Report

Bermuda Senate Sen. the Hon. Kathy Lynn Simmons: Yes, Madam
President, I give notice that I do move the motion.

[Crosstalk]
The President: Thank you, Madam Attorney General .
You can now move o n to the Orders of the Day, which
is the consideration of the Resolution by the Senate,
approving the continuance of the proclamation of
emergency and Emergency Powers (COVID -19 Shel-
ter in Place) Regulations.
You can continue now, Madam Attorney Gen-
eral, on the actual motion itself.

MOTION

EXTENSION OF GOVERNOR’S
PROCLAMATION OF EMERGENCY TO 30 JUNE
2020 AND CONTINUATION OF EMERGENCY
POWERS (COVID -19 SHELTER IN PLACE)
REGULATIONS 2020 TO 2 MAY 2020

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Senate do now
take under consideration the following resolution:
WHEREAS the World Health Organization
has declared COVID -19 to be a global pandemic;
AND WHEREAS COVID -19 is an unprec e-
dented and severe threat t o public health in Bermuda;
AND WHEREAS a proclamation of a state of
emergency existing in Bermuda issued by His Excel-lency the Governor pursuant to section 14(3) of the
Constitution has been extended by Resolution of the
Senate on the 6
th of April 2020 to continue until
6:00 am on the 18th of April 2020;
BE IT RESOLVED that , pursuant to section
14(6) of the Constitution, this Senate approves the
further extension of the continuance of the said proc-
lamation of emergency until 6:00 am on the 30th of
June 2020;
AND BE IT FURTHER RESOLVED that pur-
suant to section 18(2) of the Emergency Powers
(COVID -19 Shelter in Place ) Regulations 2020, the
Senate approves the extension of the duration of the
said Regulations to 6:00 am on 2nd May 2020.

The President: Thank you, Madam Attorney General .
Is there any objection to that motion?
There is no objection.
Carry on, Madam Attorney General .
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Let me, first of all, join your earlier comments
and comm end the Speaker, yourself, Mr. Lamb and
Russell Lister, officers of the Legislature and gover n-
ment’s IT Department , for their nimbleness in facilitat-
ing this remote meeting of the Senate today. This de-velopment is indicative of the modernisation of the Legislature, which I am sure is welcomed by all Mem-bers.
Madam President, the resolution for consider-
ation of Senators today seeks to extend the proclam a-
tion of emergency to 30 June 2020, pursuant to sec-
tion 14(6) of the C onstitution and, as previously st at-
ed, it has also proposed that the Senate approve the
Emergency Powers (COVID -19 Shelter in Place)
Regulations be extended to 2 May 2020.
Madam President, earlier today in the House
of Assembly [sitting] , also held remotely, our Honour-
able Premier said—a nd I will repeat his remarks —that
any decisions that we have made are as a result of
public health advice. And that advice is that for a shel-
ter in place [regulation] to be most effective a 28-day
shutdown is necessary. This represents two full 14-
day peri ods of incubation for the virus. On the 2
nd of
May we will have completed that 28- day period.
However, Madam President, under our laws
the power of the Government to make regulations u n-
der a state of emergency is the only mechanism we
have to continue to a ppropriately restrict the mov e-
ment of people and take the actions necessary to mi t-
igate the risk of community transmission. It is for this
reason that we must extend that initial state of emer-
gency until the end of June.
Madam President, earlier today in the House
of Assembly proceedings there was much discussion about the appropriateness of that extension. It is con-
stitutionally permitted. And the Honourable Premier
did undertake that during that period he would seek to
provide a separate and new legislat ive mechanism to
address these matters.
Madam President, the modelling of this pan-
demic for Bermuda has shown a worst -case scenario
compared to a better -case scenario. But it is clear,
Madam President, that there is no best -case scenario.
Earlier today t he Honourable Premier explained that
the worst -case scenario assumes that we do nothing
at all —no interventions, no methods of social distanc-
ing, a fully open and functioning society as if there
was no virus, just another feature of a flu season. That scen ario suggests, Madam President, that there could
be over 700 deaths and a peak of early June.
The better -case scenario explained by the
Premier is based on effective interventions along the
lines of what this Government has done within the last
few weeks. This means [to] shelter in place, aggres-
sively maintaining social distancing , and, thereafter, a
measured return to reopening businesses with r e-
strictions. This scenario , unfortunately, Madam Pres i-
dent, assumes 263 deaths, which in any calculation is a very alarming figure, with a peak in mid- September .
“Better ,” as explained by the Premier , is a re l-
ative term because even doing what we are doing now, it still means that tragedy will be inflicted on too
many families in Bermuda.
Madam President, the Prem ier remains cau-
tiously optimistic —very cautiously optimistic. We have
Official Hansard Report 17 April 2020 891

Bermuda Senate been able to foster effective public/private contacts
which have actually been effective. Equipment has
arrived in Bermuda, and, through the efforts of Dr.
Carika Weldon, next week you will have, as the Prem-
ier has explained to members of the public and the House of Assembly, very important additional test ing
capacity with a custom -created lab facility at
Southside. This lab will be staffed by Bermudians who
have stepped up to assist at this critical time to give
effect to the Government’s mandate of aggressive
testing. That issue also was discussed at length this morning.
Madam President, as I indicated earlier, this
state of emergency will be extended until the 30
th of
June and the She lter in Place Regulations will end on
May 2nd.
It is important, Madam President, as we all
know, that we must go on to plan for the future and we
also must plan for change in preparation for the
May 2nd ending of the regulations. The Cabinet will be
inviting the Governor to issue a revised set of regul a-
tions which will likely end the 24- hour shelter in place,
permit additional businesses to open, and prescribe a
regime of home delivery or curbside pickup for cus-
tomers to avail themselves of the services th ey pr o-
vide.
Madam President, these are very, very i m-
portant measures for the Cabinet to consider. And as
we consider these measures, we are very cognisant
of the very delicate balance that we must strike.
Additionally, Madam President, the head of
the public service will be in discussions as to how to
properly resume provision of government services which have been suspended or reduced as a result of
the requirement for public officers to work remotely.
Madam President, if I can pause for one sec-
ond . . . I would like to assure members of the public
that the Cabinet does not take decision- making lightly.
There are a multitude of factors that we consider and there is no reasonable- thinking person who will not
appreciate the need to suspend citizens’ const itutional
rights in order to implement the strong, often harsh, measures necessary to protect the health of every person in this country, not just our vulnerable citizens.
Rest assured, Madam President, that the
Cabinet is cognisant of the huge responsibi lity we
have to get it right, to strike the most delicate balance
of security and preservation of life in the face of a v i-
rus that is extremely unpredictable. The very nature of
this pandemic, Madam President, requires flexibility in
both emergency measures and decision- making. It
also requires the preparation that the Government has
embarked upon with the Opposition , the public and
private partners, and an aggressive information cam-paign to keep our citizens abreast every step of the way.
And Madam President, with those remarks, I
invite the comments and questions of other Senators.
The President: Thank you, Madam Attorney General
and Government Leader in the Senate.
I would just like to remind Senators that both
yourself and Senator Marcus Jones have 10 minutes
to speak and all other Senators who want to speak will
have 5 minutes.
So, I will now ask Senator Marcus Jones then,
the Opposition Leader in the Senate, to speak. Sena-
tor Jones, you have the floor.

[Technical difficulties ]

The President: Senator Jones?

Sen. Marcus Jones: I am here. Can you hear me
now?
The President: Yes. You can speak now.

Sen. Marcus Jones: Great.

The President: And you have 10 minutes.

Sen. Marcus Jones: Okay, moving quickly, let us get
right to the issue. We all, over these last couple of
weeks, have been bombarded with so much infor-
mation that refers to this pandemic, so much so that at
times we cannot even see the forest for the trees —

The President : There is a huge echo.

Sen. Marcus Jones: We cannot see the f orest for the
trees. I will move, . . . hang on one second. Am I
heard better now?
The President: Yes, we can hear you loud and clear.
Sen. Marcus Jones: Very good.
Now, in view of the resolution that is being
presented by the Government, let me first s ay that
there has been an abundance of cooperation between both the Government and the Opposition, which we
definitely appreciate. And the extension of the shelter
in place for another two weeks is in keeping with what we feel is right and is [out of] an abundance of caution
for the population of Bermuda.
What we do have a disagreement and a little
bit of discomfort about is the state of emergency edict
that the Government wishes to extend to June 30
th.
Why? For one, it takes away the Parliament’s ability to
provide and argue proper scrutiny and oversight to the
whole process. We also recognise that with this virtual
ability to have meetings it has become easy and [fea-
sible] for us to actually meet —even at a short notice —
while keeping intact health and saf ety regulations by
keeping our social distance, and it is a good example
to the public.
Also, as much as the public needs to know
that we as p arliamentarians are discussing the issues ,
892 17 April 2020 Official Hansard Report

Bermuda Senate and we are ( besides the scenes in a different form ),
they not only need to know that we are discussing it,
but they also need to be able to see and hear that we
are doing it. And one of the beauties of the Westmi n-
ster system that we have [is that it] allows the conflict
of the question and answering so that the uncomfor t-
able questions that need to be asked and the varying
perspectives can be laid out right there in the public
domain for them to see and hear what we are debat-
ing.
Now, we also must understand that we are , in
essence, taking away some of the civil liberties of our
residents that live here. So we know that after an
amount of time our residents may get weary and i m-
patient and some would want to go even further and
push the envelope to demonstrate their civil disobed i-
ence to this edict. We understand the importance of it;
but we strongly , strongly advise the Government to
step back and allow this edict, this state of emergency
to be extended for less than the June 30th period, but
possibly to the May 2nd time as it has been laid out for
the regulations.
But also, one of the questions that I believe is
being raised by the population and by us as parli a-
mentarians, is that we definitely need a clear -cut exit
strategy to get out of this particular pandemic crisis.
As much as we were powerless to do anything about
it arriving on our shores, we certainly have the power
to manage it in phases so that the population can be protected , and at the same time we can open up bus i-
ness.
Now, we all recognise that the modelling that
has been done throughout the entire world has been
universally incorrect. We also know that the accuracy of any modelling is dependent upon the source data.
And so, with that in mind, as parliamentarians we
were given the benefit of seeing beyond and behind
the veil , being able to see the construct of the model-
ling pattern. And we were able to see from that . . .
which I am not sure the entire population has been privy to . . . but having drawn some very important
logic from that schedule we realise that persons under
the age of 60 here in Bermuda, only 10 per cent who
have been affected by this virus required hospitalis a-
tion and only 12 per cent of those 10 per cent required
critical care.
But we also know from that same programme
that our residents over the age of 60, they increase in
percentages of those who actually , not only need
hospitalisation, but actually may require critical care.
So, we can identify those that are vulnerable amongst us. We know that for seniors who are living in rest
homes, granny living in a private house within your
own home, those are the persons who are vulnerable.
Now, getting back to the idea of Bermuda
needing to open, we realise that we as parliamentar i-
ans are getting paid . Civil servants are getting paid.
Uniformed service men and women are still getting
paid. Private sector workers who have the benefit of working from home, they are still getting paid. And as much as the Government has done well to loosen its
belt to allow for unemployment benefits for thos e who
have not come to work, we know that with all those
good benefits made possible, it is not enough. Our fellow citizens are really struggling. And we need to do
all we can to phase back into opening up Bermuda, to
say nothing of positioning ourselves within the tourism
industry worldwide as being the first Caribbean island
which is open for business . I believe that is something
that we need to strive for.
Now, we do have some questions that we
would like to pose to the Government. Since testing
the entire population is an unrealistic goal, what level
of testing will be considered satisfactory to ensure
comfort to the public that sufficient data can be com-
piled to make informed decisions?
Secondly, how rigorous does our contact trac-
ing regime need to be to ensure that our seniors can
be properly protected?
And finally, how much work has been done as
it relates to herd immunity to rein in the spread of t his
virus?
Madam President, having made those brief
comments , I would like to submit to you a possible
amendment to this Resolution by simply changing the
date on the Resolution for the extension of the state of
emergency from June 30
th, as is being propos ed,
which is two months ’ leeway that the Government will
be given to make these decisions, by allowing this
amendment to be extended to May 2nd, which is the
same date of the ending of the Shelter i n Place Regu-
lations that the Government is proposing.
And with those words, Madam President, I
thank you for the time.

The President: Would any other Senator care to
speak?

Sen. James S. Jardine: Yes, Madam President.

The President: Senator Jardine?

Sen. James S. Jardine: Yes, Madam President.

The President: We can hear you, you have the floor.

Sen. James S. Jardine: I will be as quick as I can.

The President: Thank you.

Sen. James S. Jardine: First of all, I would like to
applaud and thank all those who are working in the essential services who are helpin g to keep the ser-
vices that Bermuda and others need functioning. We
really appreciate everything that you are doing and
the risks that you are taking.
I fully support the Government’s work so far in
dealing with the COVID -19 virus and its impact on
Official Hansard Report 17 April 2020 893

Bermuda Senate Bermuda. This is a very fluid situation while we learn
of better ways to tackle this virus, new potential tes t-
ing methods and, just as important, putting in place
policies that address the many, many questions and
issues that come up on a daily basis.
For example, rules on shopping days, visits to
the pharmacy, pool cleaning, wearing masks, et
cetera. Questions arise daily that need to be a n-
swered and policies put in place that are appropriate
and reasonable.
Yes, I am concerned that we are extending
the Emergency Powers Regulations to the end of
June, and I have listened to both what the Gover n-
ment and the Opposition have said on this particular
issue. I have listened particularly to what the Premier
said in his opening remarks and his closing remarks
on the reasons why the Government wants to extend
the state of emergency until June 30th. As he ex-
plained, the only way to make the necessary changes
to protect the public in this particular case is to use the
power of the Crown to put in place a state of emer-gency. Further, it is anticipated that our peak with r e-
spect to this virus, according to what he said this morning, will not occur until September.
But what has persuaded me to agree to this
extension until the end of June is that the Premier said this mo rning that he plans to bring legislation to the
House when it meets on May 8
th to amend the Health
Act so that we will no longer need to impose a state of
emergency. If passed, his intention is to ask the Gov-
ernor to rescind the state of emergency immediately.
It is therefore likely, according to his wanting to bring
this amendment on May 8th, that the state of emer-
gency will last beyond, say, the middle of May.
I would, however, like to urge the Government
to conduct regular meetings of the House and the
Senate to allow debate and discussion so that any
question that the Opposition or others may have can
be put to the Government of the day and answers gi v-
en.
I also want to add that I am pleased to hear
the Premier at last give some details on the Gover n-
ment’s plans for testing. For example, his hope is that there will be a minimum of 500 tests next week, mov-
ing to 200 tests per day, to start with various at -risk
groups. Also, we hear that 10,000 swabs arrived on Wednesday and they are now being validated. Fur-
ther, that an additional testing lab is almost up and
running and that 600, 000 surgical masks should be
arriving on Monday. This all good and important news
the public needs to hear [from the] Premier.
The final thing I would like to say to the people
of Bermuda is to follow the Government guidelines.
Shelter in place and avoid all unnecessary contact
with others. Wear a mask and gloves when you go
shopping and practice proper social distancing. Time
does not allow me to say much more than this, Mad-
am President, but certainly we need as much statisti-cal information about the tests and the test results as
is fair to release to the public.
Thank you very much, Madam President.

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

Sen. Jarion Richardson: I would, Madam President ,
Senator Jarion Richardson.

The President: Senator Jarion [ Richardson] , you
have the floor.

Sen. Jarion Richardson: Thank you, Madam Pres i-
dent, fellow Senators, and the listening public.
I echo the Senate’s applauding of essential
workers for their efforts and especially for those per-
sonal risks that they take in providing those essential
services. They are out amongst us and then they are
returning home to their families . So they are taking
tremendous risks , and I applaud their efforts and
thank them for that.
Madam President, I just wanted to bring up—
and I will say this as quickly as possible, following on
from Senator Jardine —that I wanted to make a note
that our leaders have inherited a certain responsibility
and they are there to demonstrate a prudent stewar d-
ship of our pub lic trust. The curtailing or limiti ng of our
individual liberty is —

The Clerk: Senator?

Sen. Jarion Richardson: —the constitutionality. I am
mindful that the Honourable Attorney General has
been at pains to explain to us the legality of it and, of
course, the Premier. So, I do not think it is . . . I think it
is better to use this time to talk about the duties that
we as leaders owe to the public in the form of our
stewardship in this trying time.
We do have a duty of outlining the things that
are happening right now, forecasting, [AUDIO SKIP]
offering a roadmap of what can be a sense of normal i-
ty again. Clearly there are obstacles along the way
and there are [AUDIO SKIP] we just cannot [AUDIO
SKIP] and make available [AUDIO SKIP] considering.
And following on from Senator Jardine, we will
reconvene to discuss those things. And following up
with Senator Jones, we are being [AUDIO SKIP] but
what we are not seeing [AUDIO SKIP] that we have
these conversations. I think that those conversations
are necessary, that they are had [AUDIO SKIP] so we
are very aware that we are fulfilling our obligations
[AUDIO SKIP] Bermuda [AUDIO SKIP] some time
ago, that —

The Clerk : Senator?

Sen. Jarion Richardson: —taken to ensure the
health—
894 17 April 2020 Official Hansard Report

Bermuda Senate The President: Senator Jarion Richardson, you are
dropping out here and there.

Sen. Jarion Richardson: Yes, ma’am. I apologise. I
will make an effort to [AUDIO SKIP] there. Would you
excuse me for one second ?

The President: [INAUDIBLE ]

Sen. Jarion Richardson: I mean, the technology is
what it is.
[Inaudible interjection]

Sen. Jarion Richardson: Oh, okay, thank you, thank
you.
I just wanted to make that point that there are
several duties including the ability, that [assurance],
that we have proportionate use of our powers, that we
do not go through this effort without being mindful that
there will be a day when we will scrutinise our efforts and we will scrutinise our decisions.
And so, with that to mind, I think that we, as
much as possible publicly and on the record, exercise
our powers so that we can prove to the public that
they have put their trust in us and we are worthy of it.
Thank you, Madam President.

The President: Thank you, Senator Jarion Richar d-
son.
Would any other Senator care to speak?
Sen. Dwayne Robinson: I would, Madam President.
The President: Sorry, who is the Senator?

Sen. Dwayne Robinson: Robinson.

The President: Robinson. Yes, hold on, let me . . .
yes, carry on, Senator Robinson, we can hear you.

Sen. Dwayne Robinson: Yes, okay, perfect.
So, I also will be brief. I wanted to also echo
the applause for essential workers and, you know, for
being on the frontline and putting themselves at risk. I
myself, as an essential worker, have the first -hand
knowledge of my colleagues and many others in other
fields doing their best and doing their part.
I would also like to commend the Premier and
the Opposition Leader for working together in tandem.
And also, to the Premier’s Cabinet and himself for the
long hours they are putting in to ensure that the health and safety of Bermuda are maintained.
I, for one, would just like to ask a few ques-
tions about the grocery stores and the line of comm u-
nication between them and the Government. As we know, during our COVID -19 right now, as the loc k-
down stands the grocery stores can be basically “ex-
hibit A ” for any sort of community viral outbreak. And I would just like to know . . . because I have seen that
the grocery stores right now have to employ their own methods of security , and are using their own methods
of staff and resources to maintain Government man-dated social distancing and rules. So, my question
would be, Has there been any open channel to the
grocery stores to ensure that they are able to sustain
this influx of [added] workload which is being put on
them , and whether it is jeopardising them in any way ?
And if so, have these shopping protocols that
the Government has put in place been by consultation
with the —

An Hon. Senator : I cannot hear him.

The President: Sorry, excuse me, who was that?

[Pause]

The President: Senator Robinson, carry on. There
appears to be a bit of an issue for some people t o
hear you. But carry on speaking.

Sen. Dwayne Robinson: Okay.
I was just wondering if these protocols the
Government has put in place for shopping have been
run by the grocery stores as a whole. Has consultation
taken place?
And also, will the Government be lending
support, such as the Bermuda Regiment or any gov-
ernment official or police to enforce the social distanc-
ing alongside the grocery stores? As I have seen it, the lines can trail back further than most of the gr o-
cery store workers’ range can cov er, so I just wanted
to ask about that part.
And, as far as the extension of the state of
emergency, I personally have some of the same r e-
straints as my colleague and my other colleague ,
Senator Jardine, with the timetable that the Premier
had put in place to pass that legislation. I cannot see
that the state of emergency will be needed through
the date that is set in this motion.
So, with those comments, Madam President,
to be brief, I will conclude my remarks.
Thank you.

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

Sen. Crystal Caesar: Yes, Madam President, Sen a-
tor Caesar here.
The President: Senator Caesar, you have the floor,
carry on.
Sen. Crystal Caesar: Thank you, Madam President.
I, too, would like to thank all of the frontline
workers, in particular the nurses and doctors, health
care workers that are putting themselves at risk every
Official Hansard Report 17 April 2020 895

Bermuda Senate day. I also want to acknowledge my colleagues, the
Ministers in particular, the Cabinet, also the bac k-
benchers, Madam Preside nt, as many of us are fiel d-
ing calls from constituents [with] their concerns. And
we thank them for their hard work and their tireless efforts.
I would like to bring to everyone’s attention—
because I have heard several times about receiving information fr om the Government —if listeners are not
aware and if other Senators are not aware, the Gov-ernment gives a daily presentation, wrap- up and u p-
date, a live press conference at approximately 5:30 or
6:00 pm every day. In those press conferences some
very key in formation is disseminated to the public.
And, in addition, the Government website also con-
tains relevant links, guidance, advice and direction.
We are hearing that there is not enough information in
the public domain, but I think we have to be somewhat
disciplined ourselves in trying to retrieve that infor-
mation as the Government is working non- stop just
trying to keep us safe.
None of us have lived through this pandemic.
We have not . . . the world has not seen a pandemic
in over 100 years. So this is ne w for everyone. And
so, it is going to be difficult for anyone to say what the
best course of action should be. We do not know what
the numbers will be from one day to the next, whether they . . . people are infected, people who have been
exposed, and unfortunately those who may pass as a result of the virus.
So, I think what we need to have is a little bit
more understanding that this is new for every one of us. Unfortunately, to criticise during this time does nothing but frustrate and dishearten those w ho are
trying their level best to keep us all safe. My appeal is
for everyone in the community to heed the warnings
and the guidance that is being given by Government.
Even those who are more knowledgeable than us in
health care are looking at models. Agai n, this is new,
this has never happened before in the history of the world. So, I think we need to be responsible, we need
to heed the guidance, and I 100 per cent support
Government in its efforts to keep us safe, not just up
to May 2
nd, but also beyond.
I also would like to call on those employers
who, at this time, are finding it difficult to make ends meet, as we all are. I would ask for people to have
understanding —employers, landlords, the banks, ba-
sically anyone in the economy who can at this time
have a level of understanding—these are unprec e-
dented times.
I think we all need to take stock of what is i m-
portant. No one at this point knows what will happen
going forward. And if you have ideas, the Government
has actually [provided] a link through which you can
submit ideas and/or policies, guidance, et cetera, an y-
thing that you have, to help us come out of this.
I would just like to, again, thank, specifically,
the Department of Health, the Minister of Health, her team, as this is something that we will have to look
back on and, I think, say that they have handled it with
a tremendous level of expertise, professionalism and
knowledge.
And with that, Madam President, I will yield
the floor.

The Pres ident: Thank you, Senator Caesar.
Would any other Senator care to speak?

Sen. Anthony Richardson: Yes, Madam President.
Senator Richardson.

The President: Sorry, who is it?

Sen. Anthony Richardson: Senator Richardson.
The President: Senator Richardson, you have the
floor.
Sen. Anthony Richardson: Thank you. Good after-
noon, Madam President —
The President: Good afternoon to you.

Sen. Anthony Richardson: —Senators and the li s-
tening audience. I just want to add comments, and it
may be repetitive, but I think today it does bear r e-
peating.
First of all, I want to add my comments, my
significant support, to all those who are doing what
they are doing in the forefront and also the bac k-
ground. And I want to particularly highlight the Covid-
19 health team led by Dr. Cheryl Peek -Ball. I had the
opportunity to participate on a weekly call, and I was
tremendously pleased with all of the information that
was brought to the table, their significant professional-
ism, their objectivity, and the fact that they are work ing
through what is, obviously, a physically tiring exper i-
ence for them. And all of the emotion––
[Crosstalk ]

The President: Turn your microphone off. Thank you.
Sen. Anthony Richardson: And what has been e n-
couraging to me is to try to understand the health i n-
formation that is accurate, coming from the health pr o-
fessionals, but we need to be guided accordingly.
I also want to repeat what was previously said
today which is that anyone in the community that has
a need, to please speak up. No one in Bermuda at
this stage should be “suffering in silence.” There are
so many people in the community now that are reac h-
ing out —whether it be individually, the employers, the
helping agencies, all ar ound. I trust that anybody who
is in need would reach out because, again, there are
definite––

896 17 April 2020 Official Hansard Report

Bermuda Senate [Crosstalk]

Sen. Anthony Richardson: In speaking specifically
to the motion today I clearly support it . I believe it is
necessary for us to give the Government as much
leeway as it needs to put in place the appropriate
guidelines to keep us all safe, because no one wants
unnecessary sickness —and certainly not death— to
occur.
In terms of the modelling I want all of us to,
again, be patient. I have had the oppor tunity to have
some explanation of the current modelling, and I have been tremendously pleased to see what goes into it.
Clearly, it cannot be exact because the whole emer-
gence of COVID -19, in and of itself, is new to ever y-
one. So it is going to take a whi le for us to understand
it. But I want us to be patient and understand that, even based upon the various scenarios, death is a
likely outcome.
And what the Government is doing now is tr y-
ing to minimise it to the extent possible, any deaths in
addition to sickness. So I would ask all of us to be pa-
tient until the information comes forward and not try to
second- guess what is the science (to the extent that it
can be called a science) in terms of the modelling ef-
fort.
The last point I will make is for all of us, gen-
erally, to continue to exercise patience. None of us want to stay home, that is for sure. At least most of us
do not want to stay home. Continue to be out in the
community when necessary, whether it be to go to the
grocery store or to the pharmacy, but let us only do it
when necessary. And to the extent [possible], even in
the midst of all of this, that we can be of help to
someone, let us please take the opportunity to do so.
We often refer to our seniors, and obviously they are
very valuable to us , but there are also others in the
community who we may not think of. Let us try to be
more patient and be helpful and, wherever possible,
let us lend a helping hand.
Madam President, my fellow Senators, all of
my Government colleagues, including the Opposition colleagues, let us continue to be the leaders that we have been elected to be and to show a sense of gui d-
ance and support in being consistent in what we do so that we can, to the extent possible, allow the general population to be secure in the steps that are being
taken now for our overall benefit.
Thank you, Madam President.
The President: Thank you, Senator Anthony Ric h-
ardson.
Would any other Senator care to speak?

Sen. Michelle Simmons: Yes, Madam President, I
would.
The President: Senator Michelle Simmons, you have
the floor. Sen. Michelle Simmons: Good afternoon everyone.
I would like to begin by saying that I feel that
Government has done an outstanding job in managing
this threat to our community. It is unprecedented, as
everyone knows, as we have all said. Therefore, there
is no experience to call upon. But in spite of that,
Bermuda has managed to . . . I believe reasonably,
considering the circumstances. The Government has
planned for two 14- day periods of sheltering in place,
and that is specifically to stem the spread of the viral infection.
At first when I heard that the resolution before
us today was seeking to extend the state of emergen-
cy to June 30
th, I reacted in the way in which I think
others might react when they hear of this. And the
question is, Why? As I understand it from what the
Premier has shared today in another place, the only
way to continue to curtail the movement of people
freely throughout the community is to have in effect a
state of emergency.
After May 2nd, I do not believe that there is
any intention of having a shelter in place order, but the
Government will still need to gradually lift the r e-
strictions on the community so that we can get back to
some degree of normalcy in the community.
Just as Senator Jardine said earlier, with the
legislation amendments coming around May 8th, I
think that it is reasonable to extend the state of emer-
gency beyond May 2nd. Of course, I would prefer to
see it shorter than extending it all the way to June
30th. But, in real ity, I think it is fair enough f or us to
know that Government will, once it has passed legisl a-
tion which gives it the authority it needs to restrict
movement . . . once that is done, I do believe that they
will—I do pray this happens —revoke the state of
emergency , because it will no longer be needed. Be-
cause of that belief, I can support the resolution that is before us today.
And before I end, I would just like to say that I
believe that every person in this community will acknowledge, as we all have today, the tireless efforts
of all of those who are in the frontline who are sacrifi c-
ing in order to keep us all safe. We are all very, very
grateful for your efforts. People are putting their lives
at risk so that others can be safe. Of course, the
Premie r, the Cabinet, all the technical officers who are
supporting them, the uniformed services, everyone in
the frontline— every medical person, every supporting
person in the medical field— you all have our grat i-
tude.
I also want to say that our prayers have been
with the families who have lost loved ones and we will
continue to pray for those families and for all those
who have been infected by COVID -19 and are trying
to effect a recovery.
Finally, to our church leaders who have tried
new ways of keeping in c ontact with their congrega-
tions and who have continued to provide spiritual
Official Hansard Report 17 April 2020 897

Bermuda Senate guidance —thank you, thank you, thank you! Your
support has meant a lot.
Bermuda, remember: We will get through this.
But we do have to [be] our brothers’ keepers; we have
to look out for each other. And if you have faith in a higher power, please continue to pray daily for our
leaders and . . .

The President: Senator Simmons?
She is gone.
Senator Simmons, have you finished?
No; she is gone. All right.

[Crosstalk]

The Presid ent: Hold on, she is not there yet. Hold on.
Senator Simmons -Wade? You can speak
now. Can you start again?

Sen. I anthia Simmons -Wade : Okay.

The President: We hear you loud and clear now,
thank you.

Sen. Ianthia Simmons -Wade: Can you hear me?

The Presi dent: Yes, we can, thank you.
Carry on.
Sen. Ianthia Simmons -Wade: Oh, okay.
Madam President, colleagues and people of
Bermuda, trouble comes to pass, not to stay. The cr i-
sis of COVID -19 is profoundly affecting all of us, es-
pecially our vulnerable and our seniors. The rippling
effect across our livelihoods and our Island is too vast
even to comprehend. As a people, we need to shield
our vulnerable and our seniors. I encourage everyone
to continue to reach out to our senior relatives, friends
and neighbours to support, provide assurance and
contact. Physical distancing does not mean social is o-
lation. As a country we are looking for the light at the
end of the tunnel. We will be opening back our econ-
omy and having a healthy community. It will be a new
normal in our Island.
I understand that no one, including this Go v-
ernment, is perfect. In taking the advice and direction from local and international medical authorities, as
well as consulting with leaders of other countries, de-
cisions are being made in the best interests of all
Bermudians. Testing will increase as recommended.
As we all know, there is no rule book for
COVID -19; just like becoming a new parent.

[Pause]

Sen. Ianthia Simmons -Wade: Sorry . . . COVID -19 is
highlighting the serious deficiencies in our existing
system. Our Government is now tasked with promot-ing a more humane, a strong democratic country and
a strong economy.
I echo the thanks that have been given to the
frontline wor kers. I also thank those persons in nur s-
ing homes and rest homes as well as the caregivers
who are leaving their homes to work with people in the
community. I also would like to thank the parliamen-
tarians—Government, Opposition, Independent —who
are working tirelessly to make decisions in the best
interests of this country. I also would like to thank the
employers, the businesses, et cetera, who have made accommodation to people who are going through
challenges that we are all facing today.
I encourage all of Bermuda to stay positive
and work together and be there for each other, to be your brothers’ keeper. As the Premier stated, we as a
Government are open to questions and suggestions, not just from the Opposition, but from the community
at large. We are i n this together. The Opposition has
been consulted and has also been invited and will continue to be invited to participate as we work t o-
gether on behalf of all Bermuda.
Bermuda, do not let this break your spirit. We
must not walk in fear. There is light at the end of the
tunnel and there is hope for the future.
Thank you.

The President: Thank you, Senator Simmons[ -
Wade].
Would any other Senator care to speak?

Sen. Vance Campbell: Yes, Madam President.
Madam President?
The President: Who is this?

[Inaudible interjections]

The President: Senator Campbell, yes, you have the
floor.

Sen. Vance Campbell: I believe I am the only one
left.

The President: Yes, indeed, you are. You have the
floor.

Sen. Vance Campbell: Madam President, I would like
to draw attention, once again, to the number of pos i-
tive cases being had in Bermuda—standing at 83.
We have 43 active cases, 35 have recovered
and, unfortunately, we have had 5 deaths. We have
had a lot of concern expressed today about the state
of emergency being extended to June 30
th, but once
the necessary legislative solutions are in place, that
state of emergency can be lifted. I do not really under-
stand the extent of the concern as far as the extension
of the state of emergency when that can be lifted at
898 17 April 2020 Official Hansard Report

Bermuda Senate any time once we have the legislative solutions in
place.
We have [seen the] data, Madam President,
[showing] that if we were to elect [relaxing] the inter-
vention measures too soon, then the sacrifices of the past three to four weeks would all be for naught —
would all be for naught. We will be right back at the
beginning, Madam President, facing . . . as if we had
done nothing.
We have also [seen the] data that if we were
to remove all interventions that are in place currently
we will reach a peak death [number] in excess of 700,
Madam President, by mid- June. Whereas, if we were
to leave in place the non -pharmaceutical measures
that we have, we would see peak deaths reaching in
excess of 250. I believe, Madam Attorney General indicated around 263 deaths by mid- September.
Which one of us, as Senators, wants to be
responsible for the number of deaths skewing more
towards 700- plus than the 250, 263 that is projected?
I personally do not want to be because of making de-
cisions based on . . . not really keeping in focus hu-
man life. The Government recognises that there is an economic impact and that we do have an economy
that we would l ike to maintain in some state. But we
have heard from this Government at these regular
press conferences that we will err on the side of pr o-
tecting human lives.
What I would encourage, Madam President, is
for us all to follow the direction of the shelter in place
and of the social distancing, the washing of hands, the
wearing of masks, so that we can emerge from the
very narrow focus of protecting lives and start to begin to focus on repairing our economy. And the sooner we
start to follow the directives and we get the results in
our testing, et cetera, Madam President, in the num-
ber of new cases, then we will begin to focus on the
economic impact.
Thank you, Madam President.

The President: Thank you, Senator Campbell.
I think that all of the Senators have spoken, so
I will now call on the Attorney General and the Go v-
ernment Leader in the Senate.
Senator Kathy Lynn Simmons, you have the
floor.

Sen. the Hon. Kathy Lynn Simmons: Thank you for
your contributions that come from different perspec-
tives and di fferent places.
But let me just say the essence of a state of
emergency proclaimed under the Constitution must be understood by everyone. It is actually indicative of
circumstances of such gravity that it warrants suspe n-
sion of our constitutional rights —our basic rights. In
this case, the grave circumstance is the virus that pr e-
sents a threat to life.
We all need to meditate on that. And as I li s-
tened to the comments and concerns, again, [I heard] an undercurrent of impatience to actually do away or try to de -characterise our circumstance as not being
an emergency. From where I sit, yes . . .
[Pause]

The President: Madam Attorney General, I am not
hearing you.
Sen. the Hon. Kathy Lynn Simmons: Yes, I am
here.
I listened to Senator Jones, and I think it is
important because we have had some pushback with
regard to the extension that is proposed, to actually
put it in context. So I may be indirectly or purposely
addressing the concerns that were raised. If you will
give me the latitude to do that, Madam President, I certainly would appreciate it. But my comments are
not meant to cast any aspersions or otherwise on any
Senator, but to put this in context for Senators and the
listening public with regard to the Constitution, which
is the genesis for the process that we see today.

The President: Certainly, Senator Kathy Lynn Si m-
mons, you can continue.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
In terms of the state of emergency . . . and I
will just characterise the gravity [for] Senat ors. The
Government has expressed its own reluctance and
disquiet in having to continue using this measure. And as the Minister and Attorney General responsible for
Government’s legislative agenda, I can assure Sen a-
tors that the Government does intend to use the time during the extension to devise another legislative sol u-
tion that will be fit for purpose.
And I would also, Madam President, like to
draw Senators’ attention to the actual provisions of
section 14(6) of the Constitution that allow this exten-
sion to be revoked at any time. I think that is important
to note. So, Senators should maybe take the time to
actually research that provision which provides the necessary flexibility during a period of emergency in
dealing with a virus which, by its very nature, de-mands a flexible and creative approach to decision-
making.
Madam President, there are various questions
raised by Senators with regard to public issues, with regard to testing, security protocols, and communic a-
tions generally. And there was also a n interesting
question with regard to . . . a comment with regard to
accountability.
Let me just say, Madam President, that this
Government has been totally transparent throughout this entire process and has been available, upfront,
and honest with the nat ion almost every single night.
The Government’s brand of accountability is to face
the nation via media, live broadcast every night, to
Official Hansard Report 17 April 2020 899

Bermuda Senate give regular updates of a technical and practical n a-
ture, [and] to expand upon and to explain our legisl a-
tive regime that underpins this emergency. And the
Premier himself has an open line of communication
with all members of the public —businesses, ever y-
one— where he takes the comments, the suggestions,
and the concerns, and they actually form the basis of
most of his public outreach when it comes to these
press conferences.
So, to Senator Robinson who raised the issue
of protocols pertaining to supermarkets, whether or
not the Government has considered providing addi-
tional resources to assist with social distancing, I
would say to Senator Robinson that it would be a p-
propriate for whatever concerns may arise with regard
to particular grocers, that those concerns be comm u-
nicated to the Premier. And I can guarantee that they will be addressed in due course.
But, colleagues do need to appreciate that in
22 square miles our resources are limited, and we would all agree that the Regiment, whose [ranks now include] men and women, that we have the pleasure (I
know I do) to see them every day in multiple spots,
doing an absolutely fabulous job and acquitting them-
selves very well in servicing us in this way.
So, Madam President, I would encourage
Senators and Members of the Legislature on both
sides to continue to embrace the collaboration that is
offered by the Government. I do not purport to be a
health expert, but the health experts sit with the Prem-
ier every night to ensure that the public gains the un-
derstanding and information necessary to help them
navigate through this pandemic.
We all are cognisant and appreciative of the
grave social and psychological impact the current
state of affairs will have on most people. And I en-
courage persons to stop for one minute. When they
get restless and when they seek to advance for wha t-
ever reasons —economic and otherwise —the relax a-
tion of the rules, the reopening of business, this is an
emergency. I have been fortunate enough not to lose
a family member or friend during this pandemic. But to
those of us who have, I cannot see that they would advocate any circumstance or any policy implemented
by the Government which would put someone else’s
loved one in danger.
So with those remarks, Madam President, I
will end with the shared gratitude, sincerely, to all of our frontline workers, to my colleagues who are wor k-
ing tirelessly to ensure that we get the best result for
all of our people, to the third sector that has stepped
up to provide invaluable assistance, and to my own team who are tirelessly working around the clock to
devise legislative solutions and assist in instructions. I
applaud you for a ll working very hard during this time.
So, I expect, Madam President, that we will
continue to work in the spirit of collaboration to pr o-
vide the direction and leadership that this country
desperately needs at this time. And with that, Madam President, I w ould like
to move that the said Resolution be approved and that the following message be sent to His Excellency the
Governor.

The President: Thank you, Senator Kathy Lynn Si m-
mons.
Is there any objection to that motion?
Senator Kathy Lynn Simmons, can yo u con-
tinue and actually move the motion?

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the said Resolution be approved
and that the following message be sent to His Excel-
lency the Governor:
“May it please your Excellency: The Senate,
having had under consideration a Resolution for the further extension of the continuance of the Proclam a-
tion of Emergency issued on 1
st April 2020 by your
Excellency, to 6:00 am on 30th June 2020, pursuant to
section 14(6) of the Constitution, and the extension of
the duration of the Emergency Powers (COVID -19
Shelter in Place) Regulations 2020 to 6:00 am on 2nd
May 2020, pursuant to section 18(2) of said Regul a-
tions, has the honour to inform your Excellency that
the Senate has approved the said Resolution.”

The President: Thank you, Senator Kathy Lynn Si m-
mons.
Is there any objection to that motion?
[Inaudible interjections]

Sen. Marcus Jones: Madam President.

The President: Senator Jones, was that . . .

[Technical interference; feedback ]

Sen. Marcus Jones: [INAUDIBLE].

The President: Is there any objection to that motion?
Sen. Marcus Jones: Yes, there is objection to that
motion.

The President: Senator Jones, is there . . .

[Technical interference; feedback ]
The President: Are there any other Senators who
object to the motion? Does any other Senator object
to the motion?
An. Hon. Senator : Yes.
The Clerk: Yes. Okay. We should take a vote.

900 17 April 2020 Official Hansard Report

Bermuda Senate The President: Senators, we will take a vote.

[Crosstalk]
The President: Senators, I will no w call on each of
you [to vote].

DIVISION
[Motion to extend the state of emergency to 30 June
2020 and to continue the Emergency Powers (COVID -
19 Shelter in Place) Regulations 2020 to 2 May 2020]

Ayes: 8 Nays: 3
Sen. the Hon. K. L. Simmons Sen. Marcus Jones
Sen. Anthony Richardson Sen. Dwayne Robinson
Sen. I anthia Simmons -Wade Sen. Jarion Richardson
Sen. Crystal Caesar
Sen. Vance Campbell
Sen. Michelle Simmons
Sen. James S. Jardine
Sen. the Hon. Joan E. Dillas -Wright
The President: So, Senators, we have eight in sup-
port and three against . The motion is carried.
Thank you, Senators.
And the message will be sent to the Governor.
Thank you all.
[Motion carried by majority on division: The Senate
resolved to extend the state of emer gency to 30 June
2020 and to continue the Emergency Powers (COVID -
19 Shelter in Place) Regulations 2020 to 2 May 2020.]
The President: Item number 16, Adjournment.
Madam Attorney General, Kathy Lynn Si m-
mons.

ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons : Thank you,
Madam President.
I move that the Senate do now adjourn to
May 20
th 2020.

The President: Is there any objection to that motion?
No objection.
The Senate stands adjourned until May 20,
2020. Thank you, Senators.
And I would just like to make a final comment
to the listening audience. And that is that all Senators
have made some very important comments here this
afternoon that I think we all should take heed to . . .
[Audio stops 01:12:00]

[*At 2:36 pm, the Senate stood adjourned until
10:00 am, Wednesday, 20 May 2020.]

[The Senate resumed on 13 May 2020 .]