This was a routine parliamentary sitting focused mainly on government updates rather than debates. Ministers provided statements on various government initiatives, including announcing "We are Bermudian" as the Heritage Month theme and "Celebrating our Caribbean Connections" for the Bermuda Day parade. The Minister of Works updated members on demolition plans for the future arbitration centre and a new coordinated approach to road works with BELCO. The session also featured the first Premier's Question Time in several months, where the Opposition Leader questioned the Premier about ongoing issues with Bermuda passport travel problems.
Heritage Month and Bermuda Day parade themes for 2020Updates on infrastructure projects including the Ottiwell Simmons Arbitration Centre and road trenching coordination with BELCOLaunch of the new Bermuda Coast Guard unitNew literacy programs being implemented in public schoolsPremier's Questions covering passport travel difficulties, Brexit committee status, and National Sports Centre energy project
Bills & Motions
No bills were debated or voted on in this sitting
One paper was tabled: the Bermuda Educators Council (Exemption) Amendment Order 2020
Notable Moments
The Premier revealed that the UK is demanding Bermuda pay $1 million to restore the original passport code (BMU instead of GBD), which he called unacceptable since the change wasn't Bermuda's choice
The Minister of National Security announced the Bermuda Coast Guard will be operational by April 2020, taking over maritime patrol duties from police
The Brexit committee established by government has not yet met because business community representatives haven't been finalized
Debate Transcript
740 speeches from 31 speakers
The SpeakerThe SpeakerGood morning, Members. [Gavel] CONFIRMATION OF MINUTES [Minutes of 31 January 2020]
The SpeakerThe SpeakerMembers, the Minutes of the 31 st of January have been circulated. Are there any amendments, corrections, adjustments to be made? There are none. The Minutes are c onfirmed as printed. [Minutes of 31 January 2020 confirmed .] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerYes, th is morning we have two sets of announcements. The firs t is that we have been not ified by two Members that they will be absent today. MP Ben Smith and MP Pearman have both indicated that they will be absent. REPORT OF 25TH ANNUAL CONFERENCE OF SPEAK …
The SpeakerThe SpeakerThe second announcement is that t abled this morning is the report from the recent Speakers’ conference [the 25th annual Conference of Speakers and Presiding Officers of the Common-wealth (CSPOC) in Ottawa , Canada] that was attended by myself and the President of the Senate. And that should be on …
The second announcement is that t abled this morning is the report from the recent Speakers’ conference [the 25th annual Conference of Speakers and Presiding Officers of the Common-wealth (CSPOC) in Ottawa , Canada] that was attended by myself and the President of the Senate. And that should be on your tablets as part of the infor-mation for today. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere is a paper this morning in the name of the Minister of Education. Minister. Hon. Diallo V. S. Rabain: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2019 TO 2020 SCHOOL YEAR) AMENDMENT ORDER 2020 Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Educ ators Council (Exemption) (2019 to 2020 School Year) Amendment …
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS
The SpeakerThe SpeakerWe have five Statements this morning. The first Statement is in the name of Minister Foggo. Minister, would you like to present your Statement? Hon. Lovitta F. Foggo: Yes, Mr. Speaker, with your permission.
The SpeakerThe SpeakerGo right ahead. THEMES FOR HERITAGE MONTH AND BERMUDA DAY Hon. Lovitta F. Foggo: Thank you. Good morning to the House and to the good people of Bermuda. 2956 14 February 2020 Official Hansard Report Bermuda House of Assembly Mr. Speaker, Heritage Month is a celebratory time when all Bermudians …
Go right ahead.
THEMES FOR HERITAGE MONTH AND BERMUDA DAY
Hon. Lovitta F. Foggo: Thank you. Good morning to the House and to the good people of Bermuda. 2956 14 February 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, Heritage Month is a celebratory time when all Bermudians have the opportunity to r eflect on our commonalities r ather than our differences , on what unites rather than divides us as a people. It is a time to think about what it means to be Bermudian and what makes our cultural identity unique. Mr. Speaker, t he Department of Community and Cultural Affairs has long ad vocated for Bermuda’s cultural heritage to be something celebrated all year long rather than solely within the confines of a single month, and the quality and quantity of their programming has consistently reflected this goal. With this in mind, I am pleas ed to announce that the Heritage Month theme for 2020 is “We are Bermudian. ” This will also be the theme for the Department of Comm unity and Cultural Affairs for the entire 2020 calendar year. Mr. Speaker, this will allow the department to organi se their programming around issues relating to national pride. Especially given the strong emotions surrounding cultural identity, this theme provides our citizenry with the opportunity to give consideration to what it truly means anytime that anyone makes the proud declaration, We are Bermudian. Mr. Speaker, I think most will agree that the jewel in the crown of Heritage Month is Bermuda Day and the Bermuda Day Parade. On occasion, Mr. Speaker, the Department of Community and Cultural Affairs has set a parade theme that is different and distinct from the overall Heritage Month theme ; this is such a year. As the d epartment uses the theme for the year to explore wha t it means to be a Bermudian, the theme of the parade will focus on one of the root cultures that form the base of our Bermudian identity. So, Mr. Speaker, I am pleased to announce the Bermuda Day theme: “Celebrating our Caribbean Connections .” Mr. Speaker, Bermuda’s connections with the Caribbean are profound on a number of levels — historic, familial and cultural. In fact , Mr. Speaker, as was made evident in a talk by Honorary Consul for St. Kitts and Nevis , Mrs. Louise Tannock, hosted last month by the Department of Community and Cultural Affairs, there are an astonishing number of Bermudians who can trace their recent lineage to St. Kitts and Nevis.
The SpeakerThe SpeakerHear, hear! Hon. Lovitta F. Foggo: If one examines Bermudian surnames in relation to those commonly found in particular Caribbean I slands, as one can see at an exhibit at the National Museum of Bermuda, for example, you will see the connections to Saba, Jamaica, St. Lucia, Dominica, the Bahamas, …
Hear, hear!
Hon. Lovitta F. Foggo: If one examines Bermudian surnames in relation to those commonly found in particular Caribbean I slands, as one can see at an exhibit at the National Museum of Bermuda, for example, you will see the connections to Saba, Jamaica, St. Lucia, Dominica, the Bahamas, Turks and Caicos, Trinidad, as well as a host of other Caribbean nations. Mr. Speaker, one of the commonalities that we share with our Caribbean cousins is a culture which reflects a wealth of diversity. Like Bermuda, the Islands of the Caribbean have never been homogenous . And one has only to look, for example, at our traditions of celebration, architecture, food, music, art and family customs passed along from generation to generation to appreciate the various racial and ethnic pools from which our culture is composed. Mr. Speaker, Bermuda is indeed, as we described with our parade theme from a previous year, a tapestry of cultures. As the Government , we apprec iate that our diversity is also our strength, something that we can all celebrate as Bermudians. This is why, Mr. Speaker, we have looked to emphasi se the history and contributions of the communities which we co mprise —most recently in last year’s celebration of 170 years of Portuguese presence in Bermuda. And looking forward, we are delighted to be able to participate as the primary sponsor for the St. David’s Islander and Native Community’s biennial pow wow taking place in June of this year. Mr. Speaker, we are excited to see what kind of ingenuity and creativity parade participants will bring to bear on the entries for this year’s parade. We hope to see examples of the colour and flare that is part of the legacy gifted to Bermuda from the rich culture and history of our Caribbean ancestors. And it is my hope, Mr. Speaker, that in exploring this theme, it will provide us with the opportunity to more fully appreciate who we are and where we come from. Par-ticularly this year, as we celebrate 400 years of the first sitting of Parliament, our shared history is a touchstone that all Bermudians can claim and utili se as a means to better know each other and ourselves. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of Works. Minister, would you like to present your Statement ?
The SpeakerThe SpeakerGo ahead. UPDATE ON THE OTTIWELL SIMMONS ARBITRATION CENTRE
Lt. Col. Hon. David A. BurchIt was November 1 st last year that I reported on the state of plans for the Ottiwell A. Simmons International Arbitration Cent re. So I rise this morning to provide a further update. Let me first acknowledge that we did not meet the deadline of December 31st, 2019 , …
It was November 1 st last year that I reported on the state of plans for the Ottiwell A. Simmons International Arbitration Cent re. So I rise this morning to provide a further update. Let me first acknowledge that we did not meet the deadline of December 31st, 2019 , for demol ition (as mentioned in that Statement ) for a variety of reasons , but most notably , few plans survive contact with this bureaucracy . Mr. Speaker, to remind, in 2017 the Bermuda Business Development Corporation proposed that the
Bermuda House of Assembly vacant property be converted into an international arbitration centre. And in the 2018 Speech from the Throne, it was announced that this would be the direction of the Government and that the building would be renamed the Ottiwell A. Simmons International Arb itration Cent re in honour of this most distinguished Bermudian. Mr. Speaker, with a view to preparing for this project, the building was stripped out last year and a building survey was carried out by our e ngineers , who discovered that there were serious structural cracks to the external walls which would require the front and rear facades of the building to be rebuilt. It was also discovered that the water tank and electrical main supply is shared with the adjoining Valerie T . Scott Building , currently occupied by the PATI Commi ssioner’s Office. Mr. Speaker, in light of the current state of the building, a decision was made to demolish it and build anew. Of course, a major hurdle was to relocate the PATI Office, and I am pleased to report that they are in fact moving today to a new accommodation in the Maxwell Roberts Building on Church Street. In line with this Government ’s declared policy of reducing the amount of square footage for government offices by applying space standards, open floor plans and digit isation , in this case the office will be co- located with the Privacy Commissioner , thus sharing common ar eas such as reception, meeting space, kitchen, r estroom facilities, Internet infrastructure and office m achinery. The contracts for demolition have been awarded, and all t he service providers alerted to cease service . Additionally, we have identified that the windows in the Valerie T. Scott Building can be r eused, so they will be removed before demolition occurs. Safety barriers have been erected around the site today , and demolition works are to commence next week. Mr. Speaker, you will readily see that once construction begins on this project , a much- needed further injection into this sector will occur and add itional jobs will be created in our economy. Separately, Mr. Speaker, discussions are fai rly well advanced towards developing a public /private partnership to build the c entre. A nd once there Is an agreement , I shall report further to this House. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. I believe the next Statement is also listed in your name. Would you like to continue with that one?
The SpeakerThe SpeakerContinue on. JOINT INITIATIVE WITH BELCO
Lt. Col. Hon. David A. BurchMr. Speaker, if you are a road user in this country, then the announcement of a plan to coordinate road trenching and remediation works with all the entities involved will be welcome news. For many years, various service providers at one time or another have on their own carried out …
Mr. Speaker, if you are a road user in this country, then the announcement of a plan to coordinate road trenching and remediation works with all the entities involved will be welcome news. For many years, various service providers at one time or another have on their own carried out road trenching works to install or repair equipment under the public roads , oftentimes without much r egard for the landowner —the Ministry of Public Works —or the road- using public . Mr. Speaker, just over a year ago, in an effort to address this issue, the Ministry implemented a pol icy of enforcing the issuance of trenching permits and requiring the proper reinstatement of roads following those works. Concurrently, we began discussions with BELCO , as the primary utility in this space, to explore ways in which we all could better plan for these types of works. Once we had a working plan, other service providers were included in the discussions. The result of those discussions was an agreement to collaborate and jointly plan for these work s. And effective January 1 st this year , a coordinated approach to road trenching going forward was put into effect. These discussion s were timely , as BELCO ’s need to carry out major improvements to their underground network over the next three years provided the opportunity to coordinate these efforts to carry out I sland -wide trenching and ensure that all the necessary entities were prepared and ready to install their underground equipment at the same time. Mr. Speaker, during the last 100 years, BELCO has installed hundreds of miles of overhead, underground and even undersea cables connecting homes and businesses across the I sland. As power needs and technology progressed, this grid infrastructure has been upgraded and replaced. However, there are parts of the grid that are now over 60 years old and in need of replacement. As part of BELCO’s $250 million capital plan, they are making major improv ements to their grid that wil l serve all their customers into the future with more reliable, safe and cost - effective electricity. Mr. Speaker, part of this grid upgrade will r equire trenching along public roads to lay cable underground. This project , as I stated, is expected to last 36 months. It began earlier this month in the East End, trenching from the substation at the L. F. Wade International Airport to Mullet Bay in St. George’s. The plan is to complete the East End within the next year and a half and the West End in the follo wing year. Provision is also being made during these works to install additional piping and infrastructure for future expansion or replacement needs. Mr. Speaker, these works will also have the added benefit of further stimulating our economy. Let me explain. Due to the size and scope of the BELCO project, completing the work will involve private sector 2958 14 February 2020 Official Hansard Report
Bermuda House of Assembly contractors being brought on, which will in turn create jobs and work for other sectors of our economy. Mr. Speaker, I am sure all will agree that this is good news . However, as is the nature of road works, at times there will be traffic disruptions. While traffic delays are always an inconvenience, it is an unavoidable but a necessary part of this important work. Every effort will be made to give as much advance notice as possible and keep disruptions to a minimum. Both the Ministry and BELCO will provide advance notice of each step in this process so that commuters can adjust their travel routes accordingly. So in that vein, Mr. Speaker, starting March 2 nd, works will begin on Paynter’s Road to Harrington Sound Road towards Flatts Hill , and Ferry Reach Road and Mullet Bay intersection to Stokes Point. Public reminders will be broadcast on electron-ic, via the printed and social media platforms , as well as on the Government and BELCO websites , they being www.gov.bm and www.belco.bm . Mr. Speak er, on behalf of the Government of Bermuda, BELCO and all the entities involved in this effort, I apologi se in advance for any inconvenience that may be caused and ask for the public’s patience and full cooperation as we carry out these critical i nfrastruc ture upgrades. This short -term pain will lead to long-term gain. Following these works, we will have a far more secure, reliable, state- of-the art infrastructure for all, and probably most importantly , we foresee almost no need for future road trenching for many years to come. Mr. Speaker, I believe that this sacrifice is a small price for us to pay as we work together toward a better Bermuda. Proper planning and collaboration will provide for the minimum disruption for all stakehol ders. Thank you, Mr. S peaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement this morning is in the name of the Minister of National Security.
The SpeakerThe SpeakerIt does. THE BERMUDA COAST GUARD Hon. Wayne Ca ines: Mr. Speaker, I rise this morning not only to give an update in relation to where we are with the Bermuda Coast Guard , but to also ensure that we are mindful of the position that we were in pr …
It does.
THE BERMUDA COAST GUARD Hon. Wayne Ca ines: Mr. Speaker, I rise this morning not only to give an update in relation to where we are with the Bermuda Coast Guard , but to also ensure that we are mindful of the position that we were in pr ior to the implementation, and where we are headed. Mr. Speaker, you and Members of this Honourable House would be cogni sant that much discussion took place in 2016 in relation to the Royal Bermuda Regiment [RBR or “the Regiment ”] assuming responsibility for inshore maritime patrolling from the Bermuda Police Service [BPS]. However, there was very little movement. Prior to that, you would be conscious of the fact that the National Security and D efence Review Repor t in 2014 identified that the Regiment could establish a maritime unit , or a c oast guard, in line with a proposal that was presented to Cabinet in February 2013. It was agreed to by the then Commissioner of Police, who had expressed his desire to refocus on law enforcement and to divest/delegate ancillary services to the appropriate third parties . Mr. Speaker, in 2018 this Government , working with Government House, had a proof of concept document developed which identified a possible roadmap to make this concept a reality. On Friday , August 10 th, 2018 , I stated that the Bermuda Coast Guard would be at full operating capability by April 2020. I am pleased to state that this ship is sailing on course for meeting that target. Mr. Speaker, the unit will oper ate jointly for a year under the operational control of the Bermuda Police Service . Although it will allow for the hiring of new members, it is important to note the following: The Defence (Coast Guard Unit) Amendment Act 2018 not only made amendments to t he Defence Act 1965 and to the Interpretation Act 1951, but also i ncluded the Police Act 1974, the Police Complaints Authority Act 1998, the Police and Criminal Evidence Act 2006 (PACE), the Police (Conduct) Orders 2016, and the Police (Performance) Orders 2016. In short , the members of the Coast Guard will have the same powers and authorities that are conferred by law on members of the Bermuda Police Service . Many me mbers of the Bermuda Regiment ’s Boat Troop had pr eviously been sworn in as special constabl es with the Bermuda Police Service, given those powers of authority as police officers. Others will be sworn in shor tly. Mr. Speaker, in order to achieve proficiency across the spectrum of tasks associated with inshore coast guards , in addition to providing emergency services , which has enforcement functions, especially as it relates to the aforementioned Acts and Orders, an aggressive training programme has been put in place by the project team. The Coast Guard will receive specialist training , in additi on to law and procedures , and will have the opportunity to apply the training this summer. This is the first and most important phase for 2020. Mr. Speaker, the unit will maintain an inshore Coast Guard in order to secure Bermuda’s t erritorial waters, in itially out to 12 nautical miles and beyond , depending on the sea state and the available assets. Members of the unit will operate out of the command centre at Watford House in the Parish of Sandys, providing a 24- hour on- duty capability during the summer boating season. We are working towards the accreditation of the c ommand centre and envision that [it and] the unit will become the centre of e xcellence for the other Overseas Territories.
Bermuda House of Assembly Mr. Speaker, last year in 2019, Government House identified a Coast Guard advisor from the Ro yal Navy, Commander Marcus Jacques. This gentl eman has over 31 years of experience with the Royal Navy. He has been working closely with the Royal Bermuda Regiment and the Bermuda Police Service in making the concept of a Bermuda Coast Guard u nit a reality. Mr. Speaker, Commander Jacques has been working with representatives from both the Bermuda Regiment and the Bermuda P olice Service and has developed a plan in the phased approach over the next five years. The main focus at thi s time is ensuring that the men and women of the Coast Guard are sat-isfactorily trained in search and rescue [SAR], marine safety, marine security, accident and disaster r esponse, pollution response, vessel and traffic man-agement, customs and border control, fisheries control and law enforcement . Mr. Speaker, members have been fortunate to receive the training in relation to shore[ line] cleaning and assessment techniques [ SCAT ] and oil spill r esponse. This training was put on by the Department of Environm ent and Natural Resources. The Foreign and Commonwealth Office [FCO ] has also provided Royal Navy International Maritime training, and in addition to small craft handling and navigation. The Royal Yacht-ing Association (RYA) has provided training to me mbers of the Coast Guard, which will assist in them obtaining the internationally recogni sed Royal Yachting Association boating qualifications. The intent is to ensure all members of the Coast Guard receive standardised training, making it easier for them to achieve full accreditation. We must ensure that Bermuda meets the International Maritime Organization (IMO) Triple I Code Inspection towards the end of this year, which, amongst other things, will be focusing on our search and rescue capacities r equiring 24- hour coverage. Mr. Speaker, the Newport to Bermuda Yacht Race is due to commence on June 19 th, 2020, with the first vessels arriving on June 20th through the 24th. This will be the first major event taking place this summer. The Coast Guard will play a significant role and will be assuming responsibility for (1) search and rescue within a 12- mile limit, partnering with Marine and Ports if it should be required; (2) marine transport and support to sister agencies (Customs , Immigration and Fire) as require d in relation to bespoke oper ations; (3) port security of the Hamilton area and surrounding environment s where yachts will dock — possibly St . George’ s and Dockyard , depending on final number of entrants ; (4) marine enforcement ; and (5) d isaster response and management. There will also be a tabletop exercise, Mr. Speaker, prior to the event . Mr. Speaker, in relation to the boats being used, I want to emphasise that these are not new boats. Both the Regiment and the Bermuda Police Service had their boats surv eyed and refurbished to meet the initial requirements in order to make the Coast Guard a [reality]. Mr. Speaker, in relation to the financial impl ication for this year 2020, regarding the Coast Guard I can state that both the Bermuda Police Service and the Royal Bermuda Regiment have worked [extrem ely] hard in identifying funding within their current budget to establish the Coast Guard. As we move forward to 2021 and the next phase of the plan, additional funding will be required as we make the Berm uda Co ast Guard its own entity. Mr. Speaker, we have come a long way, but I recognise there is still a lot of work to be done. To en-sure that we continue to meet our medium to longterm plans, a steering committee has been created in addition to a project team . The project team continues to meet on an almost -daily basis. The launch of the Bermuda Coast Guard is a significant milestone for us as we evolve this new service. Finally, Mr. Speaker and Members of this House, I wish to once again congratulate all those involved in ensuring the success of our new Coast Guard Unit. To the men and women of the Bermuda Coast Guard, I am aware that there was some “stor ming” before the new “norming” of this new unit as it becomes a reality. But I am aware and I want to leav e you with this quote: “Life’s roughest storms prove the strength of our anchors.” Always remember hope lies within the anchors of our soul. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement is in the name of the Mi nister of Ed ucation. Minister. BERMUDA PUBLIC SCHOOL SYSTEM — IMPROVING OUR STUDENTS' LITERACY SKILLS Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, this morning I am very pleased to rise before this Honourable …
Thank you, Minister. The next Statement is in the name of the Mi nister of Ed ucation. Minister.
BERMUDA PUBLIC SCHOOL SYSTEM — IMPROVING OUR STUDENTS' LITERACY SKILLS
Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, this morning I am very pleased to rise before this Honourable House to share with my honourable coll eagues the progress the Department of Education is making to improve the literacy skills of our public school students. Mr. Speaker, as you are aware, the mission of the Bermuda Public School System is to provide all students with equitable access to holistic, varied and high-quality instruction that is culturally relevant and empowers students to reach their full potential. Let me share a quote by Kofi Anan, the seventh General Sec-retary of the United Nations. He said, “Literacy is . . . the road to human progress and the means through which every man, woman and child can realise his or her full potential.” Mr. Speaker, our children are the future lea ders of this Island, and we want every child in the Bermuda Public School System [BPSS] to function at 2960 14 February 2020 Official Hansard Report
Bermuda House of Assembly their full potential, fulfil their destiny and be contri buting citizens both locally and globally. The Depar tment of Education is fully cognisant of the literacy foundation needed and is making the improvement of literacy skills a priority for students at both the preand primary school levels. As such, the Department of Education has identified the Heggerty Phonemic Awareness Curriculum, a curriculum which f ocuses on rhyme activities as one that will set our pre- schoolers and primary school students on a path for good reading success. This curriculum has already been impl emented in all preschools and P1 and P2 classrooms and is being used for students in our ASD pr ogrammes. Mr. Speaker, I reflect back that it was in April 2019 that the Reading Clinic partnered with the D epartment of Education for three days of teacher trai ning in the I -PLAY (Interactive Phonological Literacy Activities for Youngsters) interv ention programme offered at four of our government preschools. Primary school principals, P1, P2, Learning Support and also reading teachers from each of the 18 primary schools were invited to hear about the I -PLAY intervention programme. Also shared was t he research behind the programme and the potential results or gains that could be achieved. Subsequent to this training, the Department of Education engaged in an in- depth r esearch of options for teaching explicit phonological awareness. After consultation with the Reading Clinic, the Department of Education made an informed dec ision based on the needs of our children to invest in the Heggerty Phonemic Awareness Curriculum. Mr. Speaker, later, in September 2019, we are pleased to say that preschool admini strators and pr imary school principals in the Bermuda Public School System were introduced to the Heggerty Phonemic Awareness Curriculum for use with students in our preschool, P1 and P2 classrooms. Classroom teac hers received curricula documents at the be ginning of October 2019 and completed the relevant training on how to effectively deliver the curriculum in the clas sroom. All lessons for this phonemic awareness curri culum are conducted verbally, with no letters shown to students, who are taught to liste n, pay attention to and manipulate the individual sounds in words. The r ationale for including a curriculum for explicitly teaching our students these foundational language skills is to prevent later challenges in reading. Some examples of the skills students are taught include • rhyme, initially recogni sing and later producing rhyming words ; • identifying the first sound, the middle sound or the final sound in a word ; • combining two words to make compound word (blending) ; • separating a compound word into its comp onent words or syllables (segmenting) ; and f inally, • changing a sound within a word to make a new word (substituting) . Mr. Speaker, this Phonemic Awareness pr ogramme also includes assessments that will enable the Department of Education to measure each s tudent’s growth. This same assessment can be exten ded to use with students in P3 classes or above who may need more instruction or practice on phonological awareness skills to improve their reading skills. Mr. Speaker, I am equally pleased to share that we have implemented a literacy programme called Achieve3000 in four schools in the Western Zone, which include Sandys Secondary Middle School, Somerset Primary School, West End Primary School and Dalton E. Tucker Primary School. Al though this programme has been in place since Oct ober 2018, after much success, especially with our male students, the programme continues to date. All P4 through P6 students at these primary schools, as well as the students at Sandys Secondary Middle School, have an online profil e to measure and track their reading comprehension progress via online assessments that are carried out in the fall, mid- year and in the spring. Mr. Speaker, not only does Achieve3000 pr ovide assessments, but it has an immense bank of art icles and resour ces for use for a whole class, or as an intervention tool. Teachers are able to assign specific articles to students to read and respond to online questions, with each article presented at 12 different levels so that every student in the class can be reading the same content, but at a vocabulary and text length that is based on their reading level. Students must demonstrate their understanding of each article by answering questions in that article. The goal is for students to achieve an average score of 75 per cent or above on their first attempt at answering the ques-tions. If they do these two or more times a week, they are able to potentially achieve more than three times the expected growth in their reading scores within a single school year than if they did not use the pr ogramme. Parents are also able to access their chi ldren’s profiles to monitor the activities completed and progress made. Mr. Speaker, professional development [trai ning] for staff is critical when implementing new pr ogrammes. Therefore, each school is supplied with twice -yearly webinars, and Achieve3000 represent atives visit the Island to facilitate teacher and principal training as well as model how to use the programme through class demonstrations. The Achieve3000 re presentatives will be on Island next month to visit each school, provide feedback to the class teachers, and work with the principals and Department of Education staff to get the most out of this exciting programme. Mr. Speaker, as our students improve their literacy skills, it is important to determine their growth and improvement. The Department of Education will use the Gates -MacGinitie reading assessment [Gates]
Bermuda House of Assembly to determine growth for students in the Bermuda Public School System. While some schools within the BPSS hav e used the Gates over many years, the 2019/20 academic year is the first time that the de-partment has used an assessment tool through all schools from P4 to S4 class levels. The first test was administered in the fall of 2019, and the second test will be a dministered in spring of 2020 so that the department can measure and track the growth of student reading levels over that period of time. Mr. Speaker, as of the fall of 2020, the D epartment of Education will assess the reading skills of students from P1 to S4. I am pleased about this b ecause we will be able to see the extent of growth of each child every year. This is notable because when the question is asked, How are our students doing in reading? , we will be positioned with good, solid data to report on the progress of all students, not just a few year levels as was the practice in the past. Mr. Speaker, the introduction of the Heggerty Phonemic Awareness Curriculum at the preschool and Primary 1 and 2 classroom levels, the implementation of the Achie ve3000 literacy programme and the use of the Gates assessment tool for the first time across Primary 4 through Secondary 4 class levels are all part of the ongoing execution of Plan 2022, the strategic plan for our public school system. A key out-come stipulated in Plan 2022 is that 75 per cent of our students will be proficient in reading by the time they reach Primary 3. This is an indication that we are on that path and moving forward. This is all part of the transformation of our school system. Mr. Spe aker, in conclusion, let me thank our school teachers, principals and Department of Educ ation staff for their commitment to improving the literacy skills of our students and for challenging our students to reach their full potential. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. I think that brings us to the end of the Stat ements for this morning. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are no reports this morning. PREMIER’S QUESTION TIME [Standing Order 17(11)(i)]
The SpeakerThe SpeakerThat now brings us to question period. And this being the second Friday in the month, which is on our calendar for the Premier’s Questions, we will start this period with Premier’s Questions this mor ning. And, Mr. Premier, we have Members who have submitted questi ons that they would …
That now brings us to question period. And this being the second Friday in the month, which is on our calendar for the Premier’s Questions, we will start this period with Premier’s Questions this mor ning. And, Mr. Premier, we have Members who have submitted questi ons that they would like to put for you this morning. As you know, this is 30 minutes for the Premier’s questions, and then we have 30 minutes for the rest of the questions. So starting now, we will take our first question in the name of the Opposition Leader. The Opposition Leader has three questions and two supplementaries. And every other Member would have one question and two supplementaries.
Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. If you would indulge me, I would just want ask of yourse lf. Since this has been irregular, this Premier’s Questions period, and the first time we have had it in months, is it to be expected in the foreseeable future that —
The SpeakerThe SpeakerAre you asking a question to me or to the Premier? Hon. L. Craig Cannonier: Well, I am just looking at . . . no, I am asking you. I said, Please indulge me. This is the first time we have had Premier’s Questions for several months now. Is it …
Are you asking a question to me or to the Premier?
Hon. L. Craig Cannonier: Well, I am just looking at . . . no, I am asking you. I said, Please indulge me. This is the first time we have had Premier’s Questions for several months now. Is it going to be the practice going forward that we stick to a schedule on a monthly basis th at we will have Premier’s Questions?
The SpeakerThe SpeakerWell, the Standing Orders indicate that the Premier’s Questions will fall whenever we sit on the second Friday of any given month. So if we are in Parliament on a second Friday, there will be Premier’s Questions, per the Standing Order. Hon. L. Craig Cannonier: Thank you, Mr. Speaker. I …
The SpeakerThe SpeakerNot a problem. Now put your question. QUESTION 1: DIFFICULTY TRAVELLING WITH BERMUDA PASSPORTS Hon. L. Craig Canno nier: Yes. So, Mr. Speaker, the Premier, back some time ago mentioned (and I am paraphrasing here) that he felt that the passport situ ation for Bermudians was a relatively easy fix. …
Not a problem. Now put your question.
QUESTION 1: DIFFICULTY TRAVELLING WITH BERMUDA PASSPORTS
Hon. L. Craig Canno nier: Yes. So, Mr. Speaker, the Premier, back some time ago mentioned (and I am paraphrasing here) that he felt that the passport situ ation for Bermudians was a relatively easy fix. And I am paraphrasing as I recall the conversation. We are continuing to get more and more reports of Bermudians having difficulty traveling from one country to another jurisdiction in trying to connect to Bermuda. What I would like to know is, where are we with this particular situation in relieving the stress that many of our Bermudians who love to travel are having going from one country to the next?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Good morning to you, Mr. Speaker.
The SpeakerThe SpeakerGood morning. 2962 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Opposition Leader for his question. I also want to make sure that all persons are reminded that the change of which happened in our passports did …
Good morning.
2962 14 February 2020 Official Hansard Report
Bermuda House of Assembly Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Opposition Leader for his question. I also want to make sure that all persons are reminded that the change of which happened in our passports did not happen under this Government. It happened un-der the former Government, who was consulted but did not realise that if the code was changed it would cause problems for our particular travellers. Mr. Speaker, notwithstanding—
[Inaudible interjection]
Hon. E. David Burt: I hear not true, Mr. Speaker. But the fact is that it was changed, and we did not hear anything from the other side in warnings, et cetera, until after people started complaining about the changes which were approved by their particular Government.
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER [Misle ading] Hon. Patricia J. Gordon -Pamplin: Yes, just for clar ity. The Honourable Premier is misleading the House inasmuch as there was no consultation that indicated that the change from BMU to GBD was going to negatively impact. That was never advised to …
Point of order?
POINT OF ORDER [Misle ading]
Hon. Patricia J. Gordon -Pamplin: Yes, just for clar ity. The Honourable Premier is misleading the House inasmuch as there was no consultation that indicated that the change from BMU to GBD was going to negatively impact. That was never advised to the Immigration Department prior to the change of the printing of the passports to the HMPO from the Bermuda Immigration Department. There was no indic ation.
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, what I am going to say is that I am going to answer the question which the Opposition Leader asked. But I want to make sure that the persons have context into this particular situation. This was raised in …
Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, what I am going to say is that I am going to answer the question which the Opposition Leader asked. But I want to make sure that the persons have context into this particular situation. This was raised in 2017 at my fir st visit to the United Kingdom. It was also raised at the JMC [Joint Ministerial Council] meeting in 2018. And where, as I have given previously in this House that I was unsati sfied as to the answers of which we got, which left our persons in a legal no- man’s-land, unable to apply for an ESTA [Electronic System for Travel Authorization] because we cannot get one, yet unable to enter in certain ports of entry. At that point in time, the Minister for the Overseas Territories undertook to investigate the part icular issue. The London Office, in addition to him, travelled to Berlin to the IKO [PHONETIC 0:46:07 ] meeting in May of 2019, where it was ruled that we could have our own particular code. Those matters were pr ogressing at a technical level with Her Majes ty’s Pas sport Office under the Ministry of Home Affairs inside of the United Kingdom. What has happened, Mr. Speaker, is that the United Kingdom . . . well, there are two things. Number one, they have now written to us and said that after saying for the l ongest while that we cannot have our own code, have now said that we can get our own code back. The challenge is that this was taken away from us without our permission. And they are asking us to pay approximately $1 million for the privilege of returning it back to Bermuda. This is not something . . .
[Inaudible interjections]
Hon. E. David Burt: Well, I am happy that the Opposition is saying Hell no, because I believe the exact same thing. The Minister of National Security had meetings on this particu lar matter when he was in London (in November, was it, Minister?), and at that point in time there was a hold that was placed until . . . because there was an election, that things were going on and to wait until after the results of the election. The res ults have finished. Then we were advised to wait until after Brexit. Brexit was a couple of weeks ago. We are continuing to press this issue, and we are expecting that it will be resolved. We have fi gures that have come from Her Majesty’s Passport O ffice. We have gone back through Government House and through the Foreign and Commonwealth Office, questioning those figures, which are inside of this year’s budget. And we are expecting that this matter will be resolved soon. I am happy that the Honourable Opposition Leader asked the question. And I am happy to update the public on this particular matter. What I am advising persons is, and from our perspective is that this is an active brief. We will not, I do not believe that it is right that this Honourable Ho use appropriate money to pay to get something reverted back that we had no choice in losing in the first place.
The SpeakerThe SpeakerThank you, Premier. Supplementary? SUPPLEMENTARIES Hon. L. Craig Cannonier: Yes, supplementary, Mr. Speaker. I guess listening to the Premier, and I am just looking for information to give back to the public. When did they receive this written notice including that we must pay this . . . that we …
Thank you, Premier. Supplementary?
SUPPLEMENTARIES
Hon. L. Craig Cannonier: Yes, supplementary, Mr. Speaker. I guess listening to the Premier, and I am just looking for information to give back to the public. When did they receive this written notice including that we must pay this . . . that we need to pay this $1 mi llion? And in addition to that, why at that time did we not hav e a Statement made, bringing us up to date to
Bermuda House of Assembly this fact and we have waited now until we have Premier’s Question Period for us to bring it up, to ask?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I have been advised by the Mi nister of National Security that the statement was made. But I guess what the quest ion that the Honourable Opposition Leader is asking is, Why did we not tell the public that $1 million had been asked from …
Premier. Hon. E. David Burt: I have been advised by the Mi nister of National Security that the statement was made. But I guess what the quest ion that the Honourable Opposition Leader is asking is, Why did we not tell the public that $1 million had been asked from us? The fact is that not every conversation that is di sclosed between the UK Government and us is publicly disclosed. We have our par ticular position, and we have pushed back on that particular position very v ociferously, and we are waiting for the response. As I informed the Honourable Opposition Leader in the previous questions, at the points in time of which the Minister was over there and engaged, there was an election which was called. They said to wait until after the election. We re- engaged. They said the department is to focus on the issues of which are arising out of Brexit and the transition, to ask for us to re-engage after B rexit took place. Brexit took place a couple of weeks ago. This is a matter that we are continuing to engage on. And it is my hope that we will have final resolution by the time of the Joint Ministerial Council meeting which is going to take place at the end of March, which was delayed due to the United Kingdom election. What I can say, however, is the transition will take a while. I am not certain that it will be immediate, but I am hopeful that it will be able to resolve prior to the end of this year. We will, however, hold firm on our position. I am grateful for the Members of the Oppos ition in their support that we do not believe that Bermudian taxpayer dollars should be made to pay for something that we had no choice in losing in the first place.
The SpeakerThe SpeakerThank you. Second question? Hon. L. Craig Cannonier: Yes.
The SpeakerThe SpeakerYes? Hon. L. Craig Cannonier: No. Supplementary.
The SpeakerThe SpeakerSupplementary? Okay. Hon. L. Craig Cannonier: Yes, yes, yes. Bearing on what the Premier has said, just for clarification, are we negotiating? Although he does not believe that Bermudian taxpayers’ money should go towards this change, are we negotiating the $1 million price that they have put on there? Is …
Supplementary? Okay.
Hon. L. Craig Cannonier: Yes, yes, yes. Bearing on what the Premier has said, just for clarification, are we negotiating? Although he does not believe that Bermudian taxpayers’ money should go towards this change, are we negotiating the $1 million price that they have put on there? Is that part of the negotiation, or have we just simply t urned it down?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, our negotiating p osition is we do not believe that we should be forced to pay for something that was not our choice in the first place of getting rid of. That is the position of which we have taken. We have gone …
Premier.
Hon. E. David Burt: Mr. Speaker, our negotiating p osition is we do not believe that we should be forced to pay for something that was not our choice in the first place of getting rid of. That is the position of which we have taken. We have gone back for justifications on the figures. As someone who has a background in IT, I cannot possibly imagine the changing of three letters costing $1 million.
The SpeakerThe SpeakerThank you. Further question? Or you are fine? Hon. L. Cra ig Cannonier: Second question.
The SpeakerThe SpeakerSecond question, yes. QUESTION 2: BREXIT COMMITTEE Hon. L. Craig Cannonier: Thank you, Mr. Speaker. And thank you for those answers. I think it was, quite frankly, informative at this point in time as we conti nue to have the challenges with traveling. So, thank you, Premier, for those answers. …
Second question, yes.
QUESTION 2: BREXIT COMMITTEE
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. And thank you for those answers. I think it was, quite frankly, informative at this point in time as we conti nue to have the challenges with traveling. So, thank you, Premier, for those answers. My second question, Mr. Speaker, is, consi dering part of what we just discussed involving Brexit and just causing unintended consequences to get some answers to some of the challenges we are ha ving as an island, a dependent territory in traveling, in addition to that, I know that the Premier had put t ogether a Brexit committee. I am not sure if we call it a committee, a board, whatever it was. I know that we had put toget her a team. And we were asked for an appointment. We made an appointment. Has the committee had any official meetings to date?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I thank the Honourable Oppos ition Leader for his question. The answer to his question is no. The committee has not had any official meetings to this date. I will wait for a supplementary to elaborate, if he wishes.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARIES Hon. L. Craig Cannonier: Yes. Considering the cha llenges again, as we see thin gs progressing as far as Brexit is concerned and having to now —actually today we have got a Bill before us. Why not? Because the Premier in his Statement did say that it was …
Supplementary?
SUPPLEMENTARIES
Hon. L. Craig Cannonier: Yes. Considering the cha llenges again, as we see thin gs progressing as far as Brexit is concerned and having to now —actually today we have got a Bill before us. Why not? Because the Premier in his Statement did say that it was important to get moving, understanding that there was a challenge concerning Brexi t, the European Union and the likes. Why not? Why haven’t we met?
2964 14 February 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Premier.
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I confirm that of course we will remember that our late Member was slated to chair that particular commission. I have . . . deciding . . . and I have indicated to my Cabinet colleagues that I will have a Member to sit as chair of that committee by the end of this month. What has also been a challenge is that members of the business community have not yet given their representative to this particular group, as well. And we have gone back to them. Remember, there were a number of persons. So, yes, the Opposition has put a member on there. We have gone back out to ask members of the business community. There was one seat for the business community. The bus iness community wanted two seats, one for intern ational business, one for local business. We went back and we said, No, you have to agree upon one seat for the business community as it was laid out . And just for Members’ information again, it was a member from the Trade Union Congress, a member from the Progressive Labour Party, a me mber from the One Bermuda Alliance, a member from the business community, a member from the nonprofit sector and a youth member on the committee, as was outlined in my Statement which I gave last year. Those members have been requested. My office has sent follow -up requests and a following follow -up request. I raised the matter when I met with our quarterly meeting with the Bermuda Cham ber of Commerce, and I will continue to raise the matter so that the business community can give me their final a ppointment so that the committee can be fully empanelled and commence their meeting next month.
The SpeakerThe SpeakerThank you. Supplementary? Yes. Hon. L. Craig Cannonier: Yes, supplementary. Second supplementary to that. Notwithstanding now that we have been given some clarification to those who are members of this particular Brexit committee and the answer that he has just given, has he communicat ed at all with any of …
Thank you. Supplementary? Yes. Hon. L. Craig Cannonier: Yes, supplementary. Second supplementary to that. Notwithstanding now that we have been given some clarification to those who are members of this particular Brexit committee and the answer that he has just given, has he communicat ed at all with any of the members of some of this challenge in getting the Brexit committee officially started?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: No.
The SpeakerThe SpeakerOkay. All right. You have a further question? Third question? Hon. L. Craig Cann onier: I get a third supplementary, yes?
The SpeakerThe SpeakerYou asked your supplements. Hon. L. Craig Cannonier: I have two? Okay.
The SpeakerThe SpeakerYes. Hon. L. Craig Cannonier: All right. I was trying to steal one, I guess. [Laughter] QUESTION 3: NATIONAL SPORTS CENTRE ENERGY PROJECT Hon. L. Craig Cannonier: Yes. And my third question, Mr. Speaker, is, I would like to know, notwit hstanding the answers that we were given by the …
Yes.
Hon. L. Craig Cannonier: All right. I was trying to steal one, I guess. [Laughter]
QUESTION 3: NATIONAL SPORTS CENTRE ENERGY PROJECT
Hon. L. Craig Cannonier: Yes. And my third question, Mr. Speaker, is, I would like to know, notwit hstanding the answers that we were given by the Hon-ourable Member Lovitta Foggo last week concerning the project for the National Sports Centre, to date, as we move forward in time, to date has any contract or agreement been made or signed for any energy pr oject at National Sports Centre?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Thank you, Mr. Speaker. No.
The SpeakerThe SpeakerSupplement ary? SUPPLEMENTARIES Hon. L. Craig Cannonier: Yes, supplementary. Thank you, Mr. Speaker. Can the Premier then give us a status update on any potential projects for the National Sports Centre, considering this? A request had gone out, I guess it has been over a year ago. Do we have …
Supplement ary?
SUPPLEMENTARIES
Hon. L. Craig Cannonier: Yes, supplementary. Thank you, Mr. Speaker. Can the Premier then give us a status update on any potential projects for the National Sports Centre, considering this? A request had gone out, I guess it has been over a year ago. Do we have an update as to the status on where Government plans are moving with this project?
The SpeakerThe SpeakerPremier. Premier. Hon. E. David Burt: Mr. Speaker, as this is a matter which falls underneath the Minister for Labour, Community Affairs and Sports, whom I do not believe is in the Chamber, I do not have specific information on that. What I do know is that I believe that …
Premier. Premier.
Hon. E. David Burt: Mr. Speaker, as this is a matter which falls underneath the Minister for Labour, Community Affairs and Sports, whom I do not believe is in the Chamber, I do not have specific information on that. What I do know is that I believe that this is a n egotiated settlement. There was not particularly a bid itself that was specified. So it was negotiated. The Opposition Leader and former Minister of Public Works I am sure is aware how negotiated processes work. I am sure there are ongoing negotiations r egarding the financing options. But what I would say is that it is something that we feel is particul arly important for the National Sports Centre. As we know, the National Sports Cen-tre has energy needs. And anything that we can do to make sure that we have greener energy and better energy use, which will save money for the taxpayers
Bermuda House of Assembly of this country is s omething that is beneficial. And I am certain that, as per Public Access to Information [PATI] requirements, that if there is or when there is a contract signed or when the process moves forward, members of the public will be aware. But the Honourable Opposition Leader is we lcome to continue to ask questions when we come every week.
The SpeakerThe SpeakerSecond supplementary? Hon. L. Craig Cannonier: Yes. Thank you, Mr. Speaker. Second supplementary. Is it true that the Premier agreed to move forward, Premier, w ith the previous said project if the former chairman agreed to resign from the PLP?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: No.
The SpeakerThe SpeakerOkay. Thank you. The second . . . that brings, you had three questions. Deputy Opposition Leader, you have i ndicated you have questions? Yes? Would you like to put your questions? QUESTION 1: CORONAVIRUS AND ANTHEM OF THE SEAS
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, we are and many of us have been concerned about the coronavirus and its impact and its continuing impact around the world. In light of the global fear of the coronavirus, I would like to know how the Government allowed the overseas media outlet …
Thank you, Mr. Speaker. Mr. Speaker, we are and many of us have been concerned about the coronavirus and its impact and its continuing impact around the world. In light of the global fear of the coronavirus, I would like to know how the Government allowed the overseas media outlet to make an announcement that Royal Caribbean was coming here before the Government did and how they did not get ahead of it.
[Laughter]
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I am not entirely certain of the question that the Honourable Deputy Opposition Leader would like me to answer.
The SpeakerThe SpeakerWould you like to restate your question?
Ms. Leah K. ScottMy question is, Why did the Go vernment not make an announcement prior to Royal Caribbean . . . or its media outlet make the announcement that the ship was coming here? In the interest of the public and because of the fear that is generated, that has been generated …
My question is, Why did the Go vernment not make an announcement prior to Royal Caribbean . . . or its media outlet make the announcement that the ship was coming here? In the interest of the public and because of the fear that is generated, that has been generated by the coronavirus. Hon. E. David Burt: Mr. Speaker, I think that announcements for ships that are being made are made in the normal course of work. I cannot necessarily say as to why there was probably more attention. Ther e are ships that are diverted and change schedules all the time. And the Government does not always announce that at the immediate points in time. I recognise the fear that came because of the reporting overseas of the fact that it was assumed or thought that persons had the virus on a previous sai ling of the ship. There were no persons found with the virus on the previous sailing of the ship, following extensive tests not only from the local health authorities in New Jersey, but also the Centers for Disease Co ntrol, which is able to go ahead and get the genetic antibodies and to make sure that they can run concl usive tests on these particular matters. So the only thing of which I will say, Mr. Speaker, is that we became aware of the heightened speculation around this. And the Government put out the information so the public could be aware precisely of what was happening. But, Mr. Speaker, we have to understand that if we are a tourism destination, we are a tourism destination. It is key to note that when cruise ships ask to come to the country, if we have berthing docks that are available, it is not something that necessarily comes up to the Cabinet or to Ministers. It is som ething that says, Sure, we have berthing docks avail able. It’s okay. When we found out that there were ot her particular issues, we made sure we put out the i nformation and statements accordingly.
The SpeakerThe SpeakerThank you. Supplementary? SUPPLEMENTARIES
Ms. Leah K. ScottSupplementary. So when did Royal Caribbean ask and when was approval granted for them to come to Bermuda? Hon. E. David Burt: Mr. Speaker, I do not have those specific [answers]. I am happy to try to get the answers for the Honourable Member. And I am sure that the …
Supplementary. So when did Royal Caribbean ask and when was approval granted for them to come to Bermuda?
Hon. E. David Burt: Mr. Speaker, I do not have those specific [answers]. I am happy to try to get the answers for the Honourable Member. And I am sure that the Honourable Member would have had an opportunity to ask those questions directly to the Minister of Tourism and Transport if she would have taken up his offer to join him on the ship as it came in on Wednesday morning.
The SpeakerThe SpeakerThank you. Second supplementary?
Ms. Leah K. ScottThank you. Second supplemental. Was the Centers for Disease Control engaged at any time to provide us with comfort? My understanding was that the Governor of New Jersey put out 2966 14 February 2020 Official Hansard Report Bermuda House of Assembly a tweet that there was not an issue. But …
Thank you. Second supplemental. Was the Centers for Disease Control engaged at any time to provide us with comfort? My understanding was that the Governor of New Jersey put out 2966 14 February 2020 Official Hansard Report
Bermuda House of Assembly a tweet that there was not an issue. But did we contact the Centers for Disease Control? Hon. E. David Burt: Mr. Speaker, there are constant contacts between the public health authorities of Bermuda and overseas health authorities of Bermuda. The fact is that if there was coronavirus that was found on the ship or persons carrying it, it would have actually been a public health emergency in the United States. There was none. I think that it is quite interes ting and slightly irresponsible of the Opposition to co ntinue to try to stoke these fears of hysteria when the fact is that nobody on the boat ever had the virus! We have to recognise and understand, Mr. Speaker . . . I hear chatter about communication. At the point in time when it was found out that it was a particular issue, the Government put out statements and made sure that everything was clarifi ed inside of the public. I am not entirely certain once more, Mr. Speaker, [what] the Opposition is asking. But if they want to ask further questions, I am happy to answer them.
The SpeakerThe SpeakerThank you. The Member from constituency 19, would you like to p ut your question? Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. [Inaudible interjections]
The SpeakerThe SpeakerMembers, Members. The Member is trying to put her question. I need to hear the question. [Inaudible interjection]
The SpeakerThe SpeakerI need to hear t he question, Member. QUESTI ON 1: ARBITRADE NOT PROVIDING JOBS Hon. Jeanne J. Atherden: Mr. Speaker, the people of Bermuda were led to believe that Arbitrade would be a company to launch cryptocurrency exchange and a coin company in Bermuda that would tra in Bermudians …
I need to hear t he question, Member.
QUESTI ON 1: ARBITRADE NOT PROVIDING JOBS
Hon. Jeanne J. Atherden: Mr. Speaker, the people of Bermuda were led to believe that Arbitrade would be a company to launch cryptocurrency exchange and a coin company in Bermuda that would tra in Bermudians and create 400 jobs in Bermuda. And Victoria Hall was purchased to be its home base. To date there have been no jobs announced, and the building remains empty. As this seemed to be a great opportunity, I would like the Premier to indicate w hat went wrong and why has this not occurred?
POINT OF ORDER
Hon. E. David Burt: Mr. Speaker, I just have a question or point of order. Because I understand that in my conversation with the Deputy Speaker this morning, Members on both sides of the House would be able to ask a question. And I am certain that some of our Members might rise to a point of order on that. What I can say in answer to the Honourable Member’s question is, I do not believe that company was successful in getting a licence from the Bermuda Monetary Authority.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARIES Hon. Jeanne J. Atherden: My supplementary . . . the Arbitrade website is not working. I just wondered whether the two main founders, Troy Richard James Hogg and James Goldberg, have launched their bus iness elsewhere, or done nothing at all. [Inaudible interjections] Hon. E. David Burt: Mr. …
Supplementary?
SUPPLEMENTARIES
Hon. Jeanne J. Atherden: My supplementary . . . the Arbitrade website is not working. I just wondered whether the two main founders, Troy Richard James Hogg and James Goldberg, have launched their bus iness elsewhere, or done nothing at all.
[Inaudible interjections]
Hon. E. David Burt: Mr. Speaker, I know that questions are to things under my official capacity. And I cannot answer that question, as that is not something in my offi cial capacity.
The SpeakerThe SpeakerAll right. Supplementary? Hon. Jeanne J. Atherden: I will go to a supplementary then. As the Minister, as the Premier has indicated that the company did not get a licence, is he able to indicate the reason why they failed th e hurdle of getting a licence? Hon. E. David …
All right. Supplementary? Hon. Jeanne J. Atherden: I will go to a supplementary then. As the Minister, as the Premier has indicated that the company did not get a licence, is he able to indicate the reason why they failed th e hurdle of getting a licence?
Hon. E. David Burt: Mr. Speaker, I know that the Honourable Member has worked in international bus iness and will know that there are firewalls between the Bermuda Monetary Authority as an independent regulator and the Govern ment. They do not disclose whether or not. All I can tell you is that the company name does not have a licence issued under the Ber-muda Monetary Authority.
The SpeakerThe SpeakerThank you, Premier. The Honourable Member Dunkley is next on the list. Hon. Michael J. Scott: Mr. Speaker, I — Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Hon. Michael J. Scott: Mr. Speaker.
The SpeakerThe SpeakerI have called Honourable Member Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Hon. Michael J. Scott: I am rising on a point of priv ilege— Bermuda House of Assembly Hon. Michael H. Dunkley: Happy Valentine’s Day. Hon. Michael J. Scott: —if Mr. Speaker, does not mind.
The SpeakerThe SpeakerYes. Hon. Michael J. Scott: As the National Security Mi nister says . . . if it pleases you.
The SpeakerThe SpeakerYes. I t pleases me. Go ahead. POINT OF PRIVILEGE Hon. Michael J. Scott: Thank you, Mr. Speaker. I am very grateful. So, Mr. Speaker, can I be absolutely blunt?
The SpeakerThe SpeakerGo ahead and be blunt. Hon. Michael J. Scott: I have actually been tasked with antic ipating a point of privilege this morning on this question of . . .
The SpeakerThe SpeakerWell, let me say it before you go on. Have a seat. Have a seat. Have a seat. Have a seat. I understand where you are going. Just a few months ago, we had a workshop at Castle Harbour, Tucker’s Point, you will recall. This was part of the discussions …
Well, let me say it before you go on. Have a seat. Have a seat. Have a seat. Have a seat. I understand where you are going. Just a few months ago, we had a workshop at Castle Harbour, Tucker’s Point, you will recall. This was part of the discussions that came up when we had the visiting— Can you stop the clock? Can we start it again afterwards? That is the question.
[Inaudible interjections]
The SpeakerThe SpeakerI think so. I do not want to lose the time. If all can go back to that discussion, that workshop, the presenters who came in spoke to certain topics. One of the topics that came up was the ability for the Opposition to be able to put their questions …
I think so. I do not want to lose the time. If all can go back to that discussion, that workshop, the presenters who came in spoke to certain topics. One of the topics that came up was the ability for the Opposition to be able to put their questions because all the Opposition has is their say. The Government has its way. When the conversation around this . . . and I believe the speaker from Malta and the Clerk from Trinidad both spoke to this. They spoke to the fact that the Premier’s Questions were to be used as an opportunity for the Opposition to put their questions. Backbenchers and others can speak when there is time left. That is the normal practice. If we want to stick to what is normal, and we have chosen to what that normal practice has been —this is no alterat ion to that—we will have these questions. I have had the Clerk, since this question has come up again, further concur with others. And that is what has come back. If you want us to revisit this, this is an appro val to revisit it. We will revisit it in an other space and another time. But right now, we are following what was put to us as how we established it. And those who were in that room, I ask you to revisit the conversation, when the conversation came up, because it was discussed around that table. Thank you.
Hon. Michael J. Scott: Mr. Speaker, I was saying thank you for that. Mr. Speaker —
The SpeakerThe SpeakerWell, I did say that if you want to revisit it, we are not going to revisit it here now. We will revi sit it in another space. Hon. Michael J. Scott: Yes, but, Mr. Speaker —
The SpeakerThe SpeakerAnd I am asking you to adhere to that. This is not the time and place for this conversation. Hon. Michael J. Scott: Mr. Speaker, I hear what you are saying. But this, I must say, is on a point of priv ilege. And can I j ust respond to, …
And I am asking you to adhere to that. This is not the time and place for this conversation. Hon. Michael J. Scott: Mr. Speaker, I hear what you are saying. But this, I must say, is on a point of priv ilege. And can I j ust respond to, Mr. Speaker, to say the Tucker’s Point discussions never convened into a matter of privileges committee both opining and deci ding in a bipartisan way on this point. This is the first time I have heard about it, even though I was present.
The SpeakerThe SpeakerWe can provide you with the information from that if memory has missed it. Hon. Michael J. Scott: No. I remember it. Yes.
The SpeakerThe SpeakerBut I am saying to you right now, let us not have this discussion at this time. We can take it up in an appropriate place outside of here at another time. I am asking for your indulgence on that. Hon. Michael J. Scott: Mr. Speaker, you do not need …
The SpeakerThe SpeakerOkay. Hon. Michael J. Scott: I always seek your indu lgence, Mr. Speaker.
The SpeakerThe SpeakerWell, I respect that you are a Member of Parliament in here as well, and I am asking you to respect the fact that we are saying let us move on to this and we will discuss it in another forum. Okay? Hon. Michael J. Scott: Mr. Speaker, I only …
Well, I respect that you are a Member of Parliament in here as well, and I am asking you to respect the fact that we are saying let us move on to this and we will discuss it in another forum. Okay? Hon. Michael J. Scott: Mr. Speaker, I only say that I am not only a Member of Parliament, but I am a Member with privileges under our Constitution, which indicates that —
The SpeakerThe SpeakerSo, Mr. Scott, Honourable Member, could you just take your seat a minute, please? [Pause] 2968 14 February 2020 Official Hansard Report Bermuda House of Assembly The Speaker: I have tried to be accommodating on this matter. I got up and explained the process of what we were following. If …
So, Mr. Scott, Honourable Member, could you just take your seat a minute, please? [Pause]
2968 14 February 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: I have tried to be accommodating on this matter. I got up and explained the process of what we were following. If there is a problem with that, I am open to saying we will discuss it in another forum and find out a better way, if you feel that there is a better way that we ought to do it. Trying to bring it here right now is not going to resolve it. You can stand on your feet 10 different times, and it is not going to resolve it here at this moment this morning. But I am open; I am very much open. I am offering an opportunit y for us to address it in another setting. And I am asking you to consider the offer that is being given to you, and we will address it in another setting. Hon. Michael J. Scott: Mr. Speaker, I am going to . . . obviously, I am going to respect your rulin g. I am also going to look at the Party Leader and Premier of this country, who has . . . all of us have been concerned about having balance in the House.
[Inaudible interjections and laughter ]
Hon. Michael J. Scott: Mr. Speaker, you see what is going on in DC about how there is such friction between the parties. We actually achieve balance by sharing the opportunity for Members to put questions. And that is all I was wanting to say to you. I know that is a goal that, Mr. Speaker, you share.
The Speake r: Mr. Scott, is your intent to try and get me to change now?
Hon. Michael J. Scott: Yes.
The SpeakerThe SpeakerBecause if it is, stay in your seat. I have already given you an opportunity where we can have a change, where we can talk to this. I have given you th at. I have offered you that. I have not shut this down —which I could do; but I …
Because if it is, stay in your seat. I have already given you an opportunity where we can have a change, where we can talk to this. I have given you th at. I have offered you that. I have not shut this down —which I could do; but I have not. I have said I have taken your concern. I understand your concern. We will provide a forum where we can discuss this and come to a workable solution. It will not happen right now.
The SpeakerThe SpeakerIt will not happen. I cannot be any clearer than that. The next name that is on the list . . . wherever it is. QUESTION 1: ARBITRADE —LICENCES TO CONDUCT BUSINESS Hon. Michael H. Dunkley: Thank you, Mr. Spe aker. Happy Valentine’s Day. Mr. Speaker, the Honourable Premier, I …
It will not happen. I cannot be any clearer than that. The next name that is on the list . . . wherever it is.
QUESTION 1: ARBITRADE —LICENCES TO CONDUCT BUSINESS
Hon. Michael H. Dunkley: Thank you, Mr. Spe aker. Happy Valentine’s Day. Mr. Speaker, the Honourable Premier, I believe, was the first individual as the Minister of F i-nance to grant a licence to Arbitrade in the purchase of Victoria Hall. Since that time, can the Honourable Premier inform us if Arbitrade or any affiliated companies have been granted licences by the Government for the BMA to conduct any type of business in Ber-muda?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: I do not believe the answer is yes. Hon. Michael H. Dunkley: Can I just be clear? “I do not believe the answer is yes”? Or the answer is no? Hon. E. David Burt: To the best of my knowledge, Mr. Speaker, I do not …
Premier.
Hon. E. David Burt: I do not believe the answer is yes. Hon. Michael H. Dunkley: Can I just be clear? “I do not believe the answer is yes”? Or the answer is no? Hon. E. David Burt: To the best of my knowledge, Mr. Speaker, I do not know. But I am not aware of what other associated companies someone may have, et cetera. What I do know is that Arbitr ade has not been granted a licence by the Bermuda Monetary Authority to conduct digital asset businesses in Bermuda.
Hon. Michael H. Dunkley: And so, Mr. Speaker, I still—
The SpeakerThe SpeakerSupplementary? Hon. Michael H. Dunkley: No. Just to be clear. So the Government has not granted any additional l icences other than the first —
The SpeakerThe SpeakerThe Premier said to the best of his knowledge the answer is he is not aware. Hon. Michael H. Dunkley: Okay. Thank you. Just to be clear.
The SpeakerThe SpeakerAm I interpretin g that correctly, Premier? Hon. Michael H. Dunkley: The Premier is normally very clear, but that answer seemed to be a little bit hesitant. Supplementary, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. SUPPLEMENTARIES Hon. Michael H. Dunkley: Is the land tax current on Victoria Hall, land tax payments? Hon. E. David Burt: I am uncertain, Mr. Speaker, but I am happy to ask the Minister of Finance to get back to the Member. Hon. Michael H. Dunkley: Thank you. That would …
Supplementary.
SUPPLEMENTARIES
Hon. Michael H. Dunkley: Is the land tax current on Victoria Hall, land tax payments?
Hon. E. David Burt: I am uncertain, Mr. Speaker, but I am happy to ask the Minister of Finance to get back to the Member.
Hon. Michael H. Dunkley: Thank you. That would be most appreciated.
Bermuda House of Assembly The Speaker: Seco nd supplementary?
Hon. Michael H. Dunkley: Yes, Mr. Speaker. To date, to the Honourable Premier, has any money been paid into the FinTech development fund? If so, how much and has it been used?
Hon. E. David Burt: To date, Mr. Speaker, there has been no money paid to the FinTech development fund. However, we do have commitments that have been made by companies in Bermuda which have been recently approved to operate. We will be making those announcements in the near future. Those persons have asked for us to wait until the time. But I r eceived a commitment for $100,000 to be given to that fund on Monday.
The SpeakerThe SpeakerThank you. The next Member on the list is the Member from constituency 8. QUESTION 1: CHANGE OF TAX STRUCTURE
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, we have been doing a lot of work for the OECD [Organisation for Economic Co-operation and Development], and we also know that the OECD and the BEPS Committee, which is the Base Erosion Profit [Shifting] Committee, has targeted the Overseas Territories, territories with low …
Thank you, Mr. Speaker. Mr. Speaker, we have been doing a lot of work for the OECD [Organisation for Economic Co-operation and Development], and we also know that the OECD and the BEPS Committee, which is the Base Erosion Profit [Shifting] Committee, has targeted the Overseas Territories, territories with low -tax and no-tax jurisdictions. My question to the Premier is, Has he had any pressure from the OECD or the BEPS Committee for us to consider harmonising our tax structure and changing our tax structure her e in Bermuda?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, as the Honourable Member will know, that is a process which has conti nued to be engaged through the Minister of Finance. I am sure that he is aware of the process of which is ongoing, t he inclusive framework and the committee …
Premier.
Hon. E. David Burt: Mr. Speaker, as the Honourable Member will know, that is a process which has conti nued to be engaged through the Minister of Finance. I am sure that he is aware of the process of which is ongoing, t he inclusive framework and the committee that deals with base erosion and profit shifting i ncludes Bermuda and 114 other countries, I think, or 113 other countries. And those processes are ongo-ing. And when there are final decisions and/or u pdates or actua l consultation which needs to happen, we will be updating Honourable Members in due course.
The SpeakerThe SpeakerSupplementary? SUPPLEMENTARIES
Mr. N. H. Cole SimonsSupplementary. Can the Premier provide us with a comment in regard to their endeavour to enco urage Bermuda to adopt income taxes? Hon. E. David Burt: I am not entirely certain of the question that the Honourable Member is trying to get me to answer.
The SpeakerThe SpeakerWould you like to restate your question?
Mr. N. H. Cole SimonsOkay. Has the BEPS C ommittee met with Government representatives to e ncourage them to introduce income taxes, to encourage Bermuda to introduce income taxes so that there is more harmonisation across the territories and the OECD members? Hon. E. David Burt: To the best of my knowledge, there have …
Okay. Has the BEPS C ommittee met with Government representatives to e ncourage them to introduce income taxes, to encourage Bermuda to introduce income taxes so that there is more harmonisation across the territories and the OECD members? Hon. E. David Burt: To the best of my knowledge, there have not been any meetings from the BEPS Committee with officials of the Government of Berm uda, because that is not how the committee works. The inclusive framework is a group of 114 countries, I believe. They discuss a few specific matters. They go through various consultative processes to arrive at items. We know that there are two particular matters which are pending before that, Mr. Speaker, in two different pillars. Pillar 1 and pillar 2 deal with digital taxation, dealing with other taxes around the world. Those are things of which the Government will conti nue to engage in as we have engaged over the years.
Mr. N. H. Cole SimonsOkay. Supplemental based on what he just said. So where does the Government stand in r egard to setting the framework for digital taxation? Hon. E. David Burt: I think that when it comes to setting the framework for digital taxation, Mr. Speaker, I think that the Government adopts the …
Okay. Supplemental based on what he just said. So where does the Government stand in r egard to setting the framework for digital taxation? Hon. E. David Burt: I think that when it comes to setting the framework for digital taxation, Mr. Speaker, I think that the Government adopts the position that we have always adopted, that tax competition is not bad as long as it is not unfair. We abide [by] and observe all the current rules. And I think that it has been seen that we continue to observe all those current rules. And so, if those rules do change, then we will change with them. But I think it is important t o note that some of the pressure in which they talk about with large companies, those are things which were abolished by BEPS five years ago and which are now coming into effect. So these rules are constantly changing, evol ving. And Bermuda plays by those particular rules.
The SpeakerThe SpeakerNo, no. You have got one question; one question.
Mr. N. H. Cole SimonsOkay. My question is — 2970 14 February 2020 Official Hansard Report Bermuda House of Assembly The Speaker: No, no, no, no, no. You have put your question. You are finished. You are finished. You are finished. The Member from constituency 23. QUESTION 1: BLOCK GRANT TO BERMUDA HOSPITALS BOARD …
Okay. My question is — 2970 14 February 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: No, no, no, no, no. You have put your question. You are finished. You are finished. You are finished. The Member from constituency 23.
QUESTION 1: BLOCK GRANT TO BERMUDA HOSPITALS BOARD
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I wonder if the Premier could be good enough to advise this Honourable House the basis on which the Government determined that $330 million was the appropriate amount to give a block grant to BHB [Bermuda Hospitals Board], given that the BHB has failed to provide audited statements for the last five years.
Hon. E. David Burt: Mr. Speaker, that was a discussion between the BHB and the Ministry of Health in talking about the fact of how we are going to finance our health care in this particular country.
[Timer beeps]
An Hon. Member An Hon. MemberTime’s up.
The SpeakerThe SpeakerThank you, Premier. Hon. E. David Burt: Mr. Speaker, I rise at this point in time under Standing Order 13 on a question of priv ilege.
The SpeakerThe SpeakerThank you, Premier, for that. Let us move on to the other Question Period, and then we can finish up here. Hon. E. David Burt: Mr. Speaker, I rise at this point in time under Standing Order 13 on a question of priv ilege.
The SpeakerThe SpeakerPremier — Hon. E. David Burt: Can I please . . . Mr. Speaker, I am just asking that my question on privilege be heard.
The SpeakerThe SpeakerYes. Put your question then. POINT OF PRIVILEGE Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, according to Standing Order 13, speaking about privilege and rig hts in the House, and it states that any Member proposing to raise a point of privilege that is arising …
Yes. Put your question then.
POINT OF PRIVILEGE Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, according to Standing Order 13, speaking about privilege and rig hts in the House, and it states that any Member proposing to raise a point of privilege that is arising out of direct sitting shall state their point of privilege clearly. Mr. Speaker, the point of privilege of which I have to make at this point in time i s that it is my u n-derstanding and recollection from the Committee on Rules and Privileges when we established these particular Premier’s Question time that it was stated that we would go from side to side. I recognise that there has been a different decis ion that has been taken by you, Mr. Speaker. I do not recall that discussion being taken inside of Rules and Privileges. And therefore, under Standing Order 13(3)(b) I move that this particular matter be referred to the Rules and Privileges Committee fort hwith for a ruling to come back to this House.
The SpeakerThe SpeakerMr. Premier, have your seat. I did speak to your Member just now and said that I was prepared to make sure we take this to the right forum to have it addressed and fixed. Where else do I take it but to the Standing Orders to be fixed? That …
Mr. Premier, have your seat. I did speak to your Member just now and said that I was prepared to make sure we take this to the right forum to have it addressed and fixed. Where else do I take it but to the Standing Orders to be fixed? That was the conversation that [we] just had. That was the offer that was put on the table. Let us take it and get it fixed so it works right for this Parliament. That is the offer that was put on the table. There is no other place to take it other than that there. So you have got my consent already that we will take it to the right place and have it fixed.
Hon. E. David Burt: Mr. Speaker, with respect —
The SpeakerThe SpeakerOkay. Hon. E. David Burt: As has happened in th is House on previous occasions where we have asked for things to be set down in writing, they have not been recorded. Therefore, I am asking for a motion of priv ilege, and I am asking that it be officially …
The SpeakerThe SpeakerMr. Premier — Hon. E. David Burt: —recorded in the Minutes that this matter will be referred to the Rules and Privileges Committee.
The SpeakerThe SpeakerMr. Premier. I stood on my feet . . . I stood on my feet only a few minutes ago and I gave a commitment that this will go to the right place so w e can get it fixed to how we want it to work for our Parliament. …
Mr. Premier. I stood on my feet . . . I stood on my feet only a few minutes ago and I gave a commitment that this will go to the right place so w e can get it fixed to how we want it to work for our Parliament.
Hon. E. David Burt: Thank you, Mr. Speaker. I appreciate that. I am asking that, according to Standing Order 13(3) that this particular matter, as we have discussed and the point of privilege of which I am rai sing at this time, be referred to the Rules and Privileges Committee. And I am asking that the Minutes reflect that so that it can be official and that we consider a report when it comes back to this House, Mr. Speaker. I understand what you are saying. I am asking for the motion to be officially reflected in the Minutes, Mr. Speaker.
Bermuda House of Assembly The Speaker: It has been done. The offer was put on the table five minutes ago that if we feel that it is not the right fix or mix for this Parliament, we will take it to where it needs to be fixed and it will get fixed. It is not for me to fix on this . . . we do not really need to go back and forth. We do not need to go back and forth.
Hon. E. David Burt: Mr. Speaker, I am saying I thank you for your ind ulgence. Thank you.
The SpeakerThe SpeakerThank you. Okay? All right? Now, the clock says we have 30 minutes left for the other remaining questions. So we will move on to the remaining questions. QUESTION PERIOD
The SpeakerThe SpeakerThe remaining questions today are written questions and the questions from the Stat ements that were given this morning. The first written question is to be carried over once again. And the Opposition Leader and I have had a discussion, as well as the Premier. And we expect to have …
The remaining questions today are written questions and the questions from the Stat ements that were given this morning. The first written question is to be carried over once again. And the Opposition Leader and I have had a discussion, as well as the Premier. And we expect to have that reso lved shortly.
QUESTIONS: LIST OF MPs PAID FOR ANY SERVICES OTHER THAN ON A GOVER NMENT COMMITTEE, BOARD OR QUANGO [Deferred]
Hon. L. Craig Cannonier: Notwithstanding, the responses prov ided to questions by the Honour able Premier on July 12, 2019; will th e Honourable Premier please advise this Hon-ourable House if any Members of Parliament have been paid from the public purse for any services, other than Government Committees, Government Boards or Quangos?
Hon. L. Craig Cannonier: Will the Honour able Premier please identify for this Honourable House the Members of Parliament and the amounts paid or the outstanding amounts due to them?
The SpeakerThe SpeakerThe next question is from the (oh, I did not start the clock). The next question is from the Deputy Speaker t o the Minister Caines. And, Minister, I believe that is to be carried [over] for the time being? Carried over? Oh, you are going to answer them now? …
The next question is from the (oh, I did not start the clock). The next question is from the Deputy Speaker t o the Minister Caines. And, Minister, I believe that is to be carried [over] for the time being? Carried over? Oh, you are going to answer them now? Oh, okay. We were informed that they were going to be carried. Okay. Well, the Deputy will read the ques tions out then. QUESTION 1: COMMISSIONER OF PO-LICE, LIST OF TRAVEL EXPENSES AND ANNUAL BENEFITS 2019
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Will the Honourable Minister please provide to this Honourable House a complete list of every trip paid out of the Consolidated Fund that has been taken by the Commi ssioner of Police from January 1, 2019, through December 31, 2019, including ground transportation, hotel accommodation, meals and any other costs associated with the commi ssioner’s travel?
The SpeakerThe SpeakerOh. Oh. I am sorry, Deputy and Mini ster. They were actually written responses . They did not call for an oral response. Hon. Derrick V. Bur gess, Sr.: Mr. Speaker, I do not even have the written responses. So that is why I feel obligated to get up and …
The SpeakerThe SpeakerI have a fix. I have the fix. Minister, we did not circulate an answer to the Deputy because we were informed that they were g oing to be carried for another week. So if you have the written responses, could you provide them to the Deputy? Yes, we had …
I have a fix. I have the fix. Minister, we did not circulate an answer to the Deputy because we were informed that they were g oing to be carried for another week. So if you have the written responses, could you provide them to the Deputy? Yes, we had been informed that they were not going to be done this morning. [Pause] QUESTION 2: COMMISSIONER OF POLICE, LIST OF TRA VEL EXPENSES AND ANNUAL BENEFITS 2019
Hon. Derrick V. Burgess, Sr. Will the Ho nourable Minister please provide to this Honourable House a complete list of benefits, other than salary, received annually by the Commissioner of Police; such as children’s school fees, housing, clothing, travel and gasoline allowance?
The SpeakerThe SpeakerThank you. You have been supplied now, Deputy? I a ppreciate that. The next question is from the MP Dunkley to Minister Caines again. And these call for oral r esponse. Member Dunk ley, would you like to put your questions for your oral response? QUESTION 1: JOBS RESULTING FROM …
Thank you. You have been supplied now, Deputy? I a ppreciate that. The next question is from the MP Dunkley to Minister Caines again. And these call for oral r esponse. Member Dunk ley, would you like to put your questions for your oral response?
QUESTION 1: JOBS RESULTING FROM THE 100 JOBS INITIATIVE
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. The first question to the Honourable Minister: 2972 14 February 2020 Official Hansard Report
Bermuda House of Assembly Will the Honourable Minister pleas e provide this Ho nourable House a complete list of all jobs held by employees on January 31, 2020, as a result of the 100 Jobs Initiative first announced in March 2018? Thank you.
The SpeakerThe SpeakerMinister. Hon. Wayne Caines: Mr. Speaker, this question is going to be the last year. This question, or a derivative thereof, was asked by MP Dunkley last year. At that time it was approximately 60 jobs. This initiative was carried out by the Ministry of National Security, in conjunction with …
Minister. Hon. Wayne Caines: Mr. Speaker, this question is going to be the last year. This question, or a derivative thereof, was asked by MP Dunkley last year. At that time it was approximately 60 jobs. This initiative was carried out by the Ministry of National Security, in conjunction with the Ministry with responsibility —
POINT OF CLARIFICATION Hon. Michael H. Dunkley: Just a point of clarification. The question was not asked last year; it was asked in 2018. Hon. Wayne Caines: In 2018. And thank you for the correction. Thank you for the clarification. Since 2 018, Mr. Speaker, having spoken with the Ministry of Workforce Development, they now, with limited resources, have to go out to each employer and have to get a response and ask each e mployer from that initiative, from the 60, where each employee is. And they did not, as of this week, have the opportunity to do so. And so we are going to need more time to get that information. This is an initiative that took place two years ago done by a department that is, obviously, working to a mandate. And now they are going to have to go out to people, to organisations that have given people opportunities two years ago. They are going to have to follow up and find out where the employees are now, Mr. Speaker.
The SpeakerThe SpeakerThank you. Supplementary? SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes, Mr. Speaker. Mr. Speaker, I accept that response from the Honourable Minister, and I will wait until he gets back. I understand that it will take some time. But I understand they probably should have channels of comm unication open anyway. …
Thank you. Supplementary?
SUPPLEMENTARIES
Hon. Michael H. Dunkley: Yes, Mr. Speaker. Mr. Speaker, I accept that response from the Honourable Minister, and I will wait until he gets back. I understand that it will take some time. But I understand they probably should have channels of comm unication open anyway. So the supplementary to the Honourable Mi nister is, Is this initiative still ongoing?
The SpeakerThe SpeakerMinister. Hon. Wayne Caines: Mr. Speaker, the Minister with responsibility for Workforce Development is present. And her Ministry is constantl y working with her department to find opportunities for those who need jobs in Bermuda. That question, obviously, can be given to the Minister with responsibility for Workforce Development.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: So just for clarity . . . and I can use it as a second supplementary. So the 100 Jobs initiative that the Minister committed to, and we had a good discussion about in 2018, has morphed into something different then? Is that a …
Thank you.
Hon. Michael H. Dunkley: So just for clarity . . . and I can use it as a second supplementary. So the 100 Jobs initiative that the Minister committed to, and we had a good discussion about in 2018, has morphed into something different then? Is that a correct asser-tion?
Hon. Wayne Caines: That i s not the assertion, Mr. Speaker. This was a joint Ministry initiative that came out of a specific . . . in our Ministry, there was, if we can understand . . . if we can crave your indulgence. In our community there was an upswing in violence. One of the things that we looked at in our Ministry was, how do we understand what is going on in our community? One of the prongs that we used to help us in understanding was to find a specific demographic in our community. Those were young men and young women in our community who were lamenting that they could not find opportunities. We partnered with Workforce Development for that specific time, with Workforce Development with the 100 Jobs initi ative, to get this specific subset of our community, to find them oppor tunities. We partnered with Workforce Development, and we were able to get these subset opportunities. Workforce Development works with this demographic on an ongoing basis, and daily they continue this work with an ongoing plan to find work to keep this dem ographic working in our country, Mr. Speaker. It is an ongoing process that is done with Workforce Development. Thank you, sir.
The SpeakerThe SpeakerOkay. Supplementary? Hon. Michael H. Dunkley: Well, I would like to, but I have used them all, I believe.
The SpeakerThe SpeakerThat is right. You have used both of your supplementaries. You have, correct. QUESTION 2: MUNNS REPORT FINDINGS Hon. Michael H. Dunkley: Yes, Mr. Speaker. I will go on to question 2 to the Honourable Minister Caines: Can the Honourable Minist er please inform this Honourable House of the key …
That is right. You have used both of your supplementaries. You have, correct.
QUESTION 2: MUNNS REPORT FINDINGS
Hon. Michael H. Dunkley: Yes, Mr. Speaker. I will go on to question 2 to the Honourable Minister Caines: Can the Honourable Minist er please inform this Honourable House of the key findings of the Munns R eport regarding Corrections and what actions have been taken as a result of the report?
The SpeakerThe SpeakerMinister. Okay. Bermuda House of Assembly [Pause] Hon. Wayne Caines: Mr. Speaker, I would inform this Honourable House as soon as it is practicable the summary of the report and the most recent update from the Department of Corrections. The Minister will release a summarised version of the report and …
Minister. Okay.
Bermuda House of Assembly [Pause]
Hon. Wayne Caines: Mr. Speaker, I would inform this Honourable House as soon as it is practicable the summary of the report and the most recent update from the Department of Corrections. The Minister will release a summarised version of the report and in the interest of transparency while balancing a need to maintain security and not disclose the standard operating procedures that would put the Department of Corrections and officers at risk.
The SpeakerThe SpeakerThank you. Supplementary? SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes, Mr. Speaker. To the Honourable Minister: Does the Prison Officers Association have a copy of the report? Hon. Wayne Caines: I do not know, Mr. Speaker.
The SpeakerThe SpeakerThank you. Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.
The SpeakerThe SpeakerMember Dunkley, I am just trying to follow you here a minute. The question . . . this is still in response to your written question, right? Hon. Michael H. Dunkley: My oral response to question number 2, Mr. Speaker, yes.
The SpeakerThe SpeakerOh, okay. You are on question 2. That is right. Hon. Micha el H. Dunkley: Yes. Yes.
The SpeakerThe SpeakerQuestion 2 as to . . . I was still following question 1. I was trying to figure out how that tied into question 1. Okay, you are on question 2. Yes. Go ahead. Hon. Michael H. Dunkley: Yes. Question 2 of my two quest ions to the Honourable Minister. …
Question 2 as to . . . I was still following question 1. I was trying to figure out how that tied into question 1. Okay, you are on question 2. Yes. Go ahead.
Hon. Michael H. Dunkley: Yes. Question 2 of my two quest ions to the Honourable Minister. So Honourable Minister, in regard to that last answer, I believe you said the Prison Officers Ass ociation does not have a copy of the report? Hon. Wayne Caines: I did not say that, sir.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: He said they did not know if they had a copy of the report. Hon. Wayne Caines: Sir? The Speaker: Clarify. Go ahead. Hon. Wayne Caines: I do not know to whom the r eport was given. We were given a confidential report. And the …
Yes.
Hon. Michael H. Dunkley: He said they did not know if they had a copy of the report. Hon. Wayne Caines: Sir? The Speaker: Clarify. Go ahead. Hon. Wayne Caines: I do not know to whom the r eport was given. We were given a confidential report. And the report was given —a c onfidential report. And the report has been given. And we are looking at the report. I do not know who else has a copy of the r eport.
Hon. Michael H. Dunkley: Just so we are clear, Mr. Speaker, my question was, Does the Prison Officers Association have a copy of the report? The Minister is saying he does not know who a copy has been given to. Can the Minister endeavour to find out who a copy has been given to?
[Pause]
The SpeakerThe SpeakerWould you like to find out who all was given [a copy], or just the Prison Officers Association? Because your question centres around the Prison O fficers Association, whether they have a copy. That was your question. Hon. Michael H. Dunkley: Yes, I believe —
The SpeakerThe SpeakerSo you want to find out, do they have a copy, or who els e has a copy? Because your second question changed from what you initially asked. Your concern was that the prison officers have one. Hon. Michael H. Dunkley: Mr. Speaker, my first supplementary stands. Does the Prison …
The SpeakerThe SpeakerRight. And he says he does not know. Hon. Michael H. Dunkley: Now the Minister says he does not know who it was circulated to.
The SpeakerThe SpeakerSo he can find out. Hon. Michael H. Dunkley: I would like to know who it was circulated to.
The SpeakerThe SpeakerHe can find out whether they have it. Hon. Michael H. Dunkley: So will the Honourable Minister endeavour to get back on who the report has been circulated to? Hon. Wayne Caines: Yes, Mr. Speaker.
The SpeakerThe SpeakerOkay. Hon. Michael H. D unkley: Last supplementary, Mr. Speaker?
The SpeakerThe SpeakerOkay. 2974 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: In light of the report being completed for some time now and the Minister saying that he would update the House on the key actions taken from the report, what timeline do es the …
Okay. 2974 14 February 2020 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: In light of the report being completed for some time now and the Minister saying that he would update the House on the key actions taken from the report, what timeline do es the Honourable Minister believe that he can update the House and release a summary version to this Honourable House of the report?
Hon. Wayne Caines: Mr. Speaker, I will have to . . . there are a number of things that are taking place and will take pri ority to this, with the Prison Officers Ass ociation. As you know, Mr. Speaker, there are a number of matters that we are dealing with that are in the courts at present. We would like to regularise those matters. And when we have a timetable, I will be the first to alert you, Mr. Speaker.
The SpeakerThe SpeakerThank you. And that closes that question. The next written question is actually to Mini ster Foggo. And this question is from the Member for constituency 10, as well. Honourable Member, before the question is put, it has been brought to our attention that this mat-ter still not been settled …
Thank you. And that closes that question. The next written question is actually to Mini ster Foggo. And this question is from the Member for constituency 10, as well. Honourable Member, before the question is put, it has been brought to our attention that this mat-ter still not been settled before the courts yet. And because it has not been settled before the courts, I am going to say that it is still sub judice and ask that it be held over until that matter is settled before the courts. Okay? Thank you.
QUESTION: PRISON OFFICERS ASSOCI ATION’S CLAIM AGAINST GOVERNMENT [Matter is s ub judice ; question disallowed] Hon. Michael H. Dunkley: Will the Honour able Minister please inform this Honourable House of the t otal cost to the Government for any tribunal, arbitration, court hearings or ac-tion relating to the Supreme Court ruling won by the Prison Officers Association on January 9, 2020, against the Government regarding changes to payments for health insurance premiums?
The SpeakerThe SpeakerAnd we will now move on in the time that is left to the questions that have arisen from Statements that were given this morning. The first Statement that has a question is the Statement by Minister Burch in reference to the update on the Ott iwell Simmons Building. And …
And we will now move on in the time that is left to the questions that have arisen from Statements that were given this morning. The first Statement that has a question is the Statement by Minister Burch in reference to the update on the Ott iwell Simmons Building. And the question is from the Opposition Leader. Member, would you like to put your question?
QUESTION 1: UPDATE ON THE OTTIWELL SIMMONS ARBITRATION CENTRE
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. [I am] happy to see that we are moving forward with this particular project. And I guess I just wanted to find out . . . on the last page of the contract for demolition, that is quoted, has been awarded, and the work will continue on. Just wondering if we have a time fram e, understanding now that we will be removing the windows, which I think is a great and admir able thing. Do we have a time frame for the removing contract for that and the demolition so that the public would know? It is in a very highlighted area within the city. Do we have an idea of the time frame that he ex-pects for the project to be demolished?
Lt. Col. Hon. David A. BurchMr. Speaker, the work will start on Monday. And we estimate it to take a month to bring the building down. There were things done. There are two contractors, one for each buil ding. It was put out to tender, and we selected the lo west bidder on each contract …
Mr. Speaker, the work will start on Monday. And we estimate it to take a month to bring the building down. There were things done. There are two contractors, one for each buil ding. It was put out to tender, and we selected the lo west bidder on each contract for each building. So the green building will come down first. And once that is done, then the contractor for the police building will move in and take the other building down. As one can appreciate, the state of the old police building is quite tenuous. It requires some car eful actions in bringing it down. And that process is lik ely to start on a Sunday wh en there is little traffic in the city so that they can get it done to a level that is safe for people to still use that road. There is a possibility, and we are collaborating and coordinating with the Corporation of Hamilton, that Parliament Street may b e closed for a bit. But once we get to that stage, that information will be put into the public domain before it is actually done, carried out.
The SpeakerThe SpeakerThank you. No supplementary? SUPPLEMENTARY Hon. L. Craig Cannonier: Supplementary. Just consid ering the windows, I just thought about this here. Are the windows in the particular building of the historical sense where they can be used in heritage sites and the like? Or are they more new windows?
Lt. Col. Hon. David A. BurchNo. They are new windo ws that were . . . I do not know when they were installed. But I am advised that they are in good shape and can be repurposed in other government buildings.
The SpeakerThe SpeakerMm-hmm. Okay. Thank you. The next Statement that there are questions for is that of the Minister of National Security in reference to the Bermuda Coast Guard. And that question comes from the Member from constituency 10. Bermuda House of Assembly QUESTION 1: THE BERMUDA COAST GUARD Hon. Michael H. …
Mm-hmm. Okay. Thank you. The next Statement that there are questions for is that of the Minister of National Security in reference to the Bermuda Coast Guard. And that question comes from the Member from constituency 10.
Bermuda House of Assembly QUESTION 1: THE BERMUDA COAST GUARD
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, on page 6 of his St atement, the Honourable Minister says in the second paragraph that “in relation to the financial implication for this year 2020, regarding the Coast Guard I can state that both the Bermuda Police Service and the Royal Bermuda Regiment have worked extremely hard in identifying funding within their current budget to establish the Coast Guard.” Can the Honourable Minister please identify how much money has been actually found within those budgets for the Coast Guard which will be allocated to this year 2019/20?
The SpeakerThe SpeakerMinister. Hon. Wayne Caines: 2019/20? [Inaudible interjections]
The SpeakerThe SpeakerJust completed, this just completed year. Yes. Hon. Wayne Caines: Mr. Speaker, both the Bermuda Regiment and the Bermuda Police Service have the boat troop, i n the Bermuda Regiment and the Mar itime Section of the Bermuda Regiment, both of them had operational budgets. Both of those units are …
Just completed, this just completed year. Yes.
Hon. Wayne Caines: Mr. Speaker, both the Bermuda Regiment and the Bermuda Police Service have the boat troop, i n the Bermuda Regiment and the Mar itime Section of the Bermuda Regiment, both of them had operational budgets. Both of those units are running as per normal. The only difference that we are doing for the rest of this fiscal year is that those units are running under the banner of the Coast Guard now, under those same budgets. I will have to get back with you with that specific number. But there is . . . both of them had their budgets from last year. And the simple thing that we have done this year, because of limited funds, is both of those . . . both budgets are still the same budgets, and they are running under the Coast Guard. I will get that specific number and have it for the Member from constituency 10.
The SpeakerThe SpeakerThank you. Thank you. No supplementaries. We will move on. The last Statement that Members have ind icated they have a question for is the Statement from the Minister of Education. And the question comes from the Member from constituency 8. QUESTION 1: BERMUDA EDUCATORS COUNCIL (EXEMPTIO N) (2019 TO …
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, I would like to commend the Minister and his team for their commitment to addressing literacy in our schools. I note the pr ogrammes that they are implementing, Heggerty Phonemic Awareness programme and the I -PLAY pr o-gramme, and the professional development pr ogrammes. …
Thank you, Mr. Speaker. Mr. Speaker, I would like to commend the Minister and his team for their commitment to addressing literacy in our schools. I note the pr ogrammes that they are implementing, Heggerty Phonemic Awareness programme and the I -PLAY pr o-gramme, and the professional development pr ogrammes. And I think they are all good. I note that he says that they will be basically implemented in the public preschools and the primar y schools. My question is this, Mr. Speaker: Given that a number of students cannot get into our public pr eschools because of the size and because of the number of preschool students out there, has the Minister put in place a plan to implement these liter acy pr ogrammes in the public preschools, the public ones that are not a part of the government preschools? B ecause again, all of our school students should be co vered under the educational agenda. And so I would like to ensure that our public preschools ar e aware. Now, I have spoken to a teacher since the report has been issued. And they said they are not aware of the Heggerty Phonemic Awareness pr ogramme, and they worked in two preschools. So if you could give me a response to that, please.
The SpeakerThe SpeakerThank you. Minister. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, first of all, I would like to give some clarification to the Honourable Member who, I do note, was the previous Minister of Education. Pu blic preschools are schools that are covered by the D epartment …
Thank you. Minister. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, first of all, I would like to give some clarification to the Honourable Member who, I do note, was the previous Minister of Education. Pu blic preschools are schools that are covered by the D epartment of Education. As we stand now, there are currently spaces within our public preschools where parents have ultimately chosen to go elsewhere. So they are not all full. The other answer, other clarification I wish to give is t hat outside of government preschools there do not exist any preschools. They are known as nursery schools, and they are private institutions that fall u nder the auspices of the Department of Health. Howev-er, like with all of our other private schools withi n Bermuda, they are free to come and ask the Depar tment of Education what we are doing. And so they can utilise that within their framework as to whatever curriculums they have put in place for their children, similarly as the Department of Education does reach out to private schools within Bermuda to ask what it is that they are doing.
QUESTION 2: BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2019 TO 2020 SCHOOL YEAR) AMENDMENT ORDER 2020
Mr. N. H. Cole SimonsThank you, Mr. Minister. My second question is, C an the Minister table the National Literacy Plan that the Ministry has in place for our schools so that the community can see what the overarching roadmap is?
The SpeakerThe SpeakerMinister. 2976 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Diallo V. S. Rabain: Thank you for that question. It is one that I will take under advisement.
The SpeakerThe SpeakerOkay. And that brings us to the close of questions for this morning. And we will now move on to the next items on the Order Paper. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould any Member wish to speak to that? I recognise the Honourable Member Commi ssiong. Honourable Member, you have the floor.
Mr. Rolfe Commis siongMr. Speaker, I am going to indulge in a little self -interest here. [Laughter]
Mr. Rolfe CommissiongI would like the House to send congratulations to my dear wife, Roxanne Commissiong. [Inaudible interjections and laughter ]
Mr. Rolfe Commissi ongThat, too. Forty -five years of employment at Bank of Bermuda/HSBC. Forty -five years this week. Mr. Speaker, at a time when, as we know, most people go through four or five employers during their working life, my wife is decidedly old school. I am rem inded of my grandmother, …
That, too. Forty -five years of employment at Bank of Bermuda/HSBC. Forty -five years this week. Mr. Speaker, at a time when, as we know, most people go through four or five employers during their working life, my wife is decidedly old school. I am rem inded of my grandmother, who was a seamstress/head seamstress by the time she left H. A. and E. Smith’s. Ev erybody talks about Trimingham’s, but they had a rival. It was called H. A. and E. Smith’s. And she worked continuously there for 56 years, over half a century. And so, to my dear wife, congratulations. And they have put on a couple of events at the bank for her. We are still waiting for the $100,000 bonus cheque.
[Laughter]
Mr. Rolfe CommissiongThat would help a lot, if they are listening. But to her and all of those women who were the backbone of this economy, hats off to all of them! Especially my wife on this special day. Thank you, Mr. Speaker. The Speaker: Thank you. Does any other Member wish …
That would help a lot, if they are listening. But to her and all of those women who were the backbone of this economy, hats off to all of them! Especially my wife on this special day. Thank you, Mr. Speaker. The Speaker: Thank you. Does any other Member wish to join this morning? We recognise the Honourable Member Swan. Honourable Member, you have the floor.
Mr. Hubert (Kim) E. SwanYes. Good morning, Mr. Speaker. Mr. Speaker, I rise to offer condolences to the family of my late cousin, Gloria Elizabeth Thomas, who will be funeralised today. And I will be unable to attend as I am here.
The SpeakerThe SpeakerI do not think we got her name clear. We did not hear the name clear up here.
Mr. Hubert (Kim) E. SwanFrom Scaur, whose mother was an Anderson, my grandfather’s sister, as one of my grandfather’s many sisters. She very much became the matriarch of the family and one who held dear those strong family connections that permeated in the community that you are more than aware of, Mr. Speaker . …
From Scaur, whose mother was an Anderson, my grandfather’s sister, as one of my grandfather’s many sisters. She very much became the matriarch of the family and one who held dear those strong family connections that permeated in the community that you are more than aware of, Mr. Speaker . I know I speak on behalf of all of the family members who have lost a dear, dear cousin, mother, grandmother in this passing, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? No other Member? We will move on. MATTE RS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS The Speake r: There are two Bills to be introduced this morning, both by the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Good morning, Mr. Speaker. Bermuda House of Assembly The Speaker: Good morning. FIRST READING DIGITAL ASSET ISSUANCE ACT 2020 Hon. Curtis …
There are none.
INTRODUCTION OF BILLS The Speake r: There are two Bills to be introduced this morning, both by the Minister of Finance. Minister. Hon. Curtis L. Dickinson: Good morning, Mr. Speaker.
Bermuda House of Assembly The Speaker: Good morning.
FIRST READING
DIGITAL ASSET ISSUANCE ACT 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bills for their first readings so that they can be put on the Order Paper for the next day of meeting: Digital Asset Issuance Act 2020; and the Land Valuation and Tax Amendment Act 2020.
The SpeakerThe SpeakerThank you. [Inaudible interjection]
Lt. Col. Hon. David A. BurchMr. Speaker, that is not actually the Finance Minister’s Bill. It is the Mini stry of Public Works.
The SpeakerThe SpeakerMinister, we do not want to take that privilege from y ou. Would you like to introduce your Bill? FIRST READING LAND VALUATION AND TAX AMENDMENT ACT 2020
Lt. Col. Hon. David A. BurchMr. Speaker, I am introducing the following Bill for its first reading so it may be placed on the Order Paper for the next day of meeting: the Land Valuation and Tax Amendment Act 2020. Thank you.
The SpeakerThe SpeakerThere you go, Minister. The Clerk: We apologise. That was a n oversight on our behalf.
The SpeakerThe SpeakerHaving introduced and tabled those Bills, we will now move on. And I think there are no other Bills from O pposition or Private Members, so we will move to the Orders of the Day. ORDERS OF THE DAY
The SpeakerThe SpeakerAnd I believe that the first item is yours, Premier, is it not? [Inaudible interjection]
The SpeakerThe SpeakerAre we starting with the EU? The Clerk: Are we doing criminal injuries?
The SpeakerThe SpeakerWe are starting with the EU withdrawal, right? The Clerk: Okay.
The SpeakerThe SpeakerThe EU withdrawal actually has your name beside it, Premier. Yes. [Crosstalk ]
The SpeakerThe SpeakerNo, no. But that was being carried [over]. The first . . . yes, that is being carried [over]. The first order for the day is Order No. 2, which is th e EU withdrawal. And if it is not in the Premier’s name, Minister of Finance, are you doing …
No, no. But that was being carried [over]. The first . . . yes, that is being carried [over]. The first order for the day is Order No. 2, which is th e EU withdrawal. And if it is not in the Premier’s name, Minister of Finance, are you doing it? Oh, Premier.
The Clerk: So [Order] No. 1 is being carried [over]? I just need clarification.
The SpeakerThe SpeakerYes. [Order] No. 1 is being carried [over], and we are doing [Order] No. 2 forward. At least that is the schedule that has been indicated to me. [Pause] Hon. E. David Burt: Mr. Speaker, can you give me two seconds to confer with the Government Whip?
The SpeakerThe SpeakerDo you want another Minister to do another one and you come back? [Pause] Hon. E. David Burt: Mr. Speaker, I am happy to do my Bill.
The SpeakerThe SpeakerOh, okay. You can proceed, Premier. Hon. E. David Burt: Thank you, Mr. Speaker. (Where is the clipboard?) Mr. Speaker, there was not a clipboard on my desk for this Bill, so I will say, Mr. Speaker, I move that the Bill entitled EU Withdrawal (Consequential Amendments) Act 2020 be …
The SpeakerThe SpeakerContinue. 2978 14 February 2020 Official Hansard Report Bermuda House of Assembly BILL SECOND READING EU WITHDRAWAL (CONSEQUENTIAL AMENDMENTS) ACT 2 020 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, the Bill before this Honourable House is the EU Withdrawal (Consequential Amendments) Act 2020. Honourable Members will of …
Continue.
2978 14 February 2020 Official Hansard Report
Bermuda House of Assembly BILL
SECOND READING
EU WITHDRAWAL (CONSEQUENTIAL AMENDMENTS) ACT 2 020
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, the Bill before this Honourable House is the EU Withdrawal (Consequential Amendments) Act 2020. Honourable Members will of course be familiar with the recent history of the political determinat ion of the people of the United Kingdom to leave the European Union, manifested firstly in a referendum in 2016 and subsequently ratified by the convincing electoral majority given to the current UK Government in elections held in late 2019. Mr. Speaker, this Bill seeks to make cons equential amendments to a series of provisions in Ber-muda’s laws as a result of the UK’s withdrawal from the EU, which occurred on the 31 st of January 2020. Mr. Speaker, Honourable Members are invited to take note that the UK’s sanctions in the Anti -Money Laundering Act 2018 enables the UK to continue to impl ement United Nations sanctions regimes and to use sanctions to meet national security and foreign policy objectives. The Bill before this Honourable House will allow such sanctions to be given effect in Bermuda. Additionally, Mr. Speaker, the amendments proposed by this Bill will ensure continuity, now that the UK has left the EU in key areas of company law and investment business. Honourable Members will be aware that whils t the UK has left the EU, there is currently a transition period during which a number of arrangements are being negotiated, particularly on trade and other regulations. As such, there may be need to make further amendments to Bermuda’s laws to preserve our competitive advantage in financial services to ensure we meet international obligations. There is a likelihood that agreements may be reached in the tranches, and that the aggressive tim eline set by the Prime Minister for the completion of negotiations by the end of this year may yield a need for Bermuda and other Overseas Territories to act quickly and outside of the ordinary legislative calendar. With this in mind, Mr. Speaker, this Bill permits the Premier to make bye- regulations subject to the negat ive resolution procedure, such further amendments as may be necessary or expedient in the consequence of Brexit. Finally, Mr. Speaker, I will invite Honourable Members to note that the Bill before this House shall be deemed to have come into operation as of the 31 st of January 2020 to accord with the UK’s exit from the EU. Mr. Speaker, whilst the news may not feature daily or even hourly reports on Brexit scenarios any longer, this is new international ground as negotiators on both sides have found. There is much to do and a very short time in which to get it done. This Bill will ensure that Bermuda is ready and able to adjust whatever continues to be decided in this transition period and will provide the framework for our conti nued responsiveness to this change in the relationship between the UK and the EU. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Premier. It seemed you were prepared for that. Any other Member wish to speak? Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Not really much to say here. I think the Premier has given us an overview exactly of what is going on. There had been prior conversations …
Thank you, Premier. It seemed you were prepared for that. Any other Member wish to speak?
Hon. L. Craig Cannonier: Thank you, Mr. Speaker. Not really much to say here. I think the Premier has given us an overview exactly of what is going on. There had been prior conversations with the Governor and the like. Just to be clear on exactly what it is that we are doing here, I understand that this is really a result of Brexit. And we recognise that these are compulsory amendments that need to be made to ensure that business carries on, as they would say, as usual. So as we move along, I recognise that there will be potentially foreseeable amendments that will need to be made as we go along. And hopefully, as the Brexit committee pursues its agenda also, I am looking forward to hearing a little more about the effects of this Brexit move that has taken place and how it will continue to affect us. But as of right now, these are immediate. They need to be done ASAP. And so we do not have any reservation. We support this wholeheartedly. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Deputy Speaker. Honourable Deputy, you have the floor. Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I am always concerned on what the mother country can do in regard to their treatment of the …
Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Deputy Speaker. Honourable Deputy, you have the floor.
Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I am always concerned on what the mother country can do in regard to their treatment of the colonies, because as you know, there are two different treatments for the Overseas Territories and the Crown Sovereign Colonies. And I just hope that in future they would treat us all the same, Mr. Speaker, because what we have seen out of UK’s representation in Bermuda has not been favourable to all in Bermuda, refl ecting the population. Mr. Speaker, if you look at the last 10 years . . . and I would venture to say I have not even looked at it to even . . . for factual . In the last 10 years, the appointments that are the responsibility of the Governor—the chief just ice, the police commissioner and the army —most of those appointments have been 90 per cent white. When we have Bermudians in Bermuda who are qualified for the job, this continues. And if we look at the history, they are just perpetuating the history, if you go way back, the way we were
Bermuda House of Assembly treated and continue to be treated by London, Mr. Speaker. [Inaudible interjection] Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, we are seeing . . . in fact, the question that I asked concerning the expens es of the police commissioner, Mr. Speaker, we get . . . in fact for eight trips in his response, eight trips, the commi ssioner has got down $9,000. And the question that was put to him . . . we want to know the expense of each trip —ground transportation, hotel and everything else. That was not supplied. And they answered like this because, I guess, they figure he is in a position of power over us as an Overseas Territory. Mr. Speaker, this is ridiculous the way that we are being treated by the appointees of Langton Hill, the chief occupant of Langton Hill, that they have di sregard and disrespect for the legislators of this coun-try. When we ask a question, we need to get the answers, Mr. Speaker. When they can put down he only spent $9,000 for eight trips, anybody in their right mind would know that this . . . I mean—
An Hon. Member An Hon. MemberThat is only $1,000 a trip. Hon. Derrick V. Burgess, Sr.: Yes, yes. A thousand dollars a trip? I do not think you can get a ticket for eight trips overseas —eight trips, round trips—for $9,000, let alone the hotel accommodation, ground transport and food, Mr. Speaker. So we are …
That is only $1,000 a trip. Hon. Derrick V. Burgess, Sr.: Yes, yes. A thousand dollars a trip? I do not think you can get a ticket for eight trips overseas —eight trips, round trips—for $9,000, let alone the hotel accommodation, ground transport and food, Mr. Speaker. So we are asking that, because the chief occupant of Government House, who has a copy of these answers, should be pulling him out and saying, Hey, you cannot ans wer the Legislature of this country . . . Even though they are a dependent territory, they need to be respected. And we find so much disrespect coming from out of that part of Bermuda that it is coming to be unacceptable, Mr. Speaker. So I would hope that the UK coming out of the EU, they would have more time to consider treating the colonies the way they treat the Crown Territories. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you Honourable Member, Deputy. Does any other Member wish to speak? None oth er? Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill be commi tted.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 11:56 am [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL EU WITHDRAWAL (CONSE QUENTIAL AMENDMENTS) ACT 2020
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the EU Withdrawal (Cons equen tial Amendments) Act 2020 . Mr. Premier, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, if I may …
The ChairmanChairmanContinue. Hon. E. David Burt: Thank you, Mr. Chai rman. Clause 1 is self -explanatory. Clause 2 amends sections 25 (importation of medicine) and 31A (health and safety requirements) of the Pharmacy and Poisons Act 1979 to ensure that the provisions continue to apply with respect to the United Kingdom …
Continue. Hon. E. David Burt: Thank you, Mr. Chai rman. Clause 1 is self -explanatory. Clause 2 amends sections 25 (importation of medicine) and 31A (health and safety requirements) of the Pharmacy and Poisons Act 1979 to ensure that the provisions continue to apply with respect to the United Kingdom whe n it ceases to be a member state of the European Union. Clause 3 amends section 2 of the Internatio nal Sanctions Act 2003 (regulations) to replace subsection (1). The opening words and paragraph (a) reenact the current subsection (1). Paragraph (b) is new, and provides that the Minister may make regul ations to give effect to sanctions imposed by the United Kingdom for any purpose listed in section 1(2) of the Sanctions and Anti -Money Laundering Act 2018 (UK). Currently, implementation of international sanctions by the UK is mainly dealt with through EU law, taking effect through the European Communities Act 1972 or legislation made under it, which will be repealed when the UK withdraws from the European Union. The Sanctions and Anti -Money Laundering Act 20 18 (UK) enables the UK to continue to implement United N ations sanctions regimes and to use sanctions to meet national security and foreign policy objectives, and this amendment will allow such sanctions to be given effect to in Bermuda. Clause 4 amends t he Schedule to the Merchant Shipping (Ships’ Doctors) Regulations 2004 so that a doctor entitled to practise in the United Kingdom continues to fall within the definition of “qualified doctor” when the UK ceases to be a member of the Eur opean Union. Claus e 5 amends section 2A of the Bermuda Public Accountability Act 2011, which requires a pub-lic interest entity to be listed on a stock exchange in a member state, to include a reference to the United 2980 14 February 2020 Official Hansard Report
Bermuda House of Assembly Kingdom to ensure continuity when the United Kin gdom ceases to be a member state of the European Union. Clause 6 amends section 50 of the Electronic Communications Act 2011 so that the UK standards for electronic communications networks or radio apparatus continue to be applicable in Bermuda when the UK ceases t o be a member state of the European U nion. Clause 7 amends Part I of the Companies (The United Kingdom Class Scheme Bye- Laws) Regu lations 1988 to ensure continuity when the UK ceases to be a member state of the European Union. Clause 8 amends provisions of the Investment Business (Alternative Investment Fund Managers) Rules 2016 to ensure continuity when the UK ceases to be a member state of the European Union. Clause 9 empowers the Premier to make, by regulations subject to the negative resolution proc edure, such further amendments to any enactment as he considers necessary or expedient in the cons equence of the UK’s withdrawal from the European U nion. Clause 10 provides for the Act to be deemed to have come into operation on the 31 st of January 2020.
The ChairmanChairmanAre there any further speakers? There appear to be none. Premier, continue. Hon. E. David Burt: Thank you very much, Mr. Chairman. I move that clauses 1 through 10 be a pproved.
The ChairmanChairmanIt has been moved that clauses 1 through 10 be approved. Are there any objections to that? There appear to be none. So moved. [Motion carried: Clauses 1 through 10 passed.] Hon. E. David Burt: Thank you, Mr. Chairman. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved; no objections. Hon. E. David Burt: Thank you. I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be repor ted to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as printed. [Motion carried: The EU Withdrawal (Consequential Amendments) Act 2020 was considered by a …
It has been moved that the Bill be repor ted to the House as printed. Are there any objections to that? There appear to be none. The Bill will be r eported to the House as printed. [Motion carried: The EU Withdrawal (Consequential Amendments) Act 2020 was considered by a Commi ttee of the whole and passed without amendment.]
House resumed at 12:0 1 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
EU WITHDRAWAL (CONSEQUENTIAL AMENDMENTS) ACT 2020
The SpeakerThe SpeakerMembers, are there any objections to the Bill entitled th e EU Withdrawal (Consequential Amendments) Act 2020 be reported to the House as printed? There are no objections. It has been reported and moved. We now move on to the next item. And for the clarification of Members, the Opposition …
Members, are there any objections to the Bill entitled th e EU Withdrawal (Consequential Amendments) Act 2020 be reported to the House as printed? There are no objections. It has been reported and moved. We now move on to the next item. And for the clarification of Members, the Opposition has agreed to allow th e Minister of Finance to do [Order] No. 5 as the next item, which is the consideration of the Co ntributory Pensions (Amendment of Benefits) Order 2020 as the next item. So, Minister of Finance.
Hon. Curtis L. Dickinson: Thank you, Mr. Speaker. Mr. Speak er, I move that consideration be given to the draft Order entitled Contributory Pensions (Amendment of Benefits) Order 2020 proposed to be made by the Minister of Finance in exercise of the powers conferred by section 37 of the Contributory Pensions Act 19 70.
The SpeakerThe SpeakerIs there any objection? Go ahead, Minister. ORDER CONTRIBUTORY PENSIONS (AMENDMENT OF BENEFITS) ORDER 2020 Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Contributory Pensions (Amendment of Benefits) Order 2020 for the consideration of Honourable Members. Mr. Speaker, you will recall in the Government’s 2017 election …
Is there any objection? Go ahead, Minister.
ORDER
CONTRIBUTORY PENSIONS (AMENDMENT OF BENEFITS) ORDER 2020
Hon. Curtis L. Dickinson: Mr. Speaker, I am pleased to present the Contributory Pensions (Amendment of Benefits) Order 2020 for the consideration of Honourable Members. Mr. Speaker, you will recall in the Government’s 2017 election platform, it was declared that this Government woul d put our seniors first and institute annual cost -of-living increases for social i nsurance pensions and will be linked to the rate of infl ation to help lessen the hardships that too many of our seniors now endure. Mr. Speaker, social insurance benefits pa id from the contributory pension fund [CPF] provided first-tier, or basic, pension, which should be suppl eBermuda House of Assembly mented by a second- tier, or occupational, pension. These benefits provide an important base retirement income. And currently, the maximum pension paid under the CPF is around 28 per cent of the median annual gross earnings for Bermudians, as indicated in the Bermuda Job Market Employment Brief produced by the Department of Statistics. Mr. Speaker, the purpose of the Order is to increase pensions and ot her benefits under the Contributory Pensions Act of 1970 by 1.2 per cent bac kdated to August 2019, when increases are typically made to the benefits. The 1.2 per cent increase in benefits would represent an additional $2.1 million per year to the fund, wit h the retroactive pay costing $1,224,471. The contributory pension fund in principle relies on current contributors, or workers, paying for current pensioners. And for the most part, it is a pay - as-you-go financed plan. However, the policy of i ncreasing contribution rates by 2.5 per cent above the rate of pension increases has allowed a significant level of funds to build up. And thus the plan is partially funded, which provides further security of benefits. Under section 37 of the Contributory Pensions Act 1970, the Minister of Finance has the power to make an order to revise the rates of contributions and benefits of the contributory pension fund. Mr. Speaker, there are seven types of benefits payable under the Contributory Pension Act of 1970. All of the pensions and allowances will be increased by 1.2 per cent. These pensions and allowances are: (1) contributory old age pension; (2) contributory old age gratuity; (3) contributory widows’ and widowers’ allowance; (4) contributory widowers’ and widows’ gratuity; (5) contributory disability benefit; (6) non- contributory old age pension; and (7) non- contributory disability benefit. Mr. Speaker, the basic contributory pension is $1,064.37 per month. The maximum contributory pen-sion currently payable, which includes additional i ncrements, is approximately $1,545.63 per month. Altogether , some 13,540 persons currently receive be nefits under the Act. The proposed 1.2 per cent i ncrease will raise the basic contributory pension to $1,077.14 per month and the maximu m benefit to about $1,564.18 per month. Mr. Speaker, the 1.2 per cent increase marks the 13 th pension increase the Progressive Labour Party Government has put through in its time in gover nment. The former Government made seniors wait five years for a pens ion increase, which is the longest period of time between increases since the UBP was in office when pensions were increased every two years. Since taking back office in November of 1998 and now, this Government has put through 12 i ncreases prior to this one: in August of 2000, when we increased pensions by 3 per cent; in August 2002, when we increased pensions by 3 per cent. In August of 2003 pensions were again increased by 3 per cent. In 2004, pensions were increased by an extraordinary 9 per cent. In A ugust 2005, an increase of 3.5 per cent; in August of 2006, an increase of 4 per cent; in August of 2007, an increase of 4.5 per cent; in August of 2008, an increase of 5 per cent; and again 5 per cent for 2009; an increase of 3 per cent in 2011; an increase of 1.7 per cent in August of 2017; an i ncrease of 1.4 per cent in August of 2018; and an i ncrease of 1.2 per cent in August of 2019. In every case, the benefit increase has either exceeded the prevailing rate of inflation or has been in line with the underlying trend rate, thereby placing seniors’ pensions under the Consumer Price Index [CPI] in good stead. Honourable Members are advised, based on the CPI the cost of living increased by 1.2 per cent from July of 2018 to July of 2019 when the last increase was granted; therefore, the proposed benefit increase fully covers the prevailing rate of i nflation. Mr. Speaker, the 2019 increase in benefits would normally be accompanied by a corresponding increase in contributions by an actuarially recom-mended rat e of 3.7 per cent. However, Honourable Members will recall that in the 2018 Throne Speech, Government announced that Bermuda’s social insurance system will be changed from a fixed- rate contr ibution to one based on a percentage of income. Therefore, contribution increases will be delayed until the actuary completes the modelling to effect this pol icy objective and the appropriate consultation has tak-en place. Honourable Members are advised that the actuary has completed the 2017 actuary report, the CPF. Thi s report will form the base for all modelling to effect any design changes to the CPF. Mr. Speaker, it is also noted that contributions for a last increase in August 2018 by 4.2 per cent. Mr. Speaker, as at December 31, 2019, the fund had net assets of over $1.95 billion, representing approximat ely 11.4 times the annual value of benefits paid in the 2018/19 fiscal year. This is a relatively high level of funding, and when compared to 14 other regional s ocial security schemes in a 2013 study, Bermuda’s r atio is better than nine of those countries, average 7.5 years. By comparison, the ratio for the Canada pe nsion plan in 2018 was 8.1 times. The effect, Mr. Speaker, is that if the CPF r eceived no further contributions, it could continue to pay our pensions at the prevailing rate for about 12 years. However, the reality is that contributions will continue through time and will be increased from time to time. In addition, the prudent investment of the pension fund assets is also an important factor in the fund’s financial position. In this regard, Government’s investment strategy for pension fund assets is achieving good results. As aforementioned, as at December 31, 2019, the contributory pension fund stood at $1.95 billion. For the trailing year, the fund posted returns of 15.7 per cent, and over the longer term five- year and 2982 14 February 2020 Official Hansard Report
Bermuda House of Assembly ten-year periods, the fund posted returns of 6.3 [per cent] and 7.8 per cent, respectively. Mr. Speaker, as evidenced by the 2014 act uarial report tabled in this Honourable House in Jun e of 2016, the viability in the fund in the short -to-medium term is good, the fund being positive for the next 27 years until 2047. However, recognising the long- term challenges of the fund, the Ministry will continue to closely monitor the performance of the fund. It should also be noted that the funding policy for the fund is not based on full actuarial funding, but based on sustai nable funding. That is, contributions plus investment income should cover benefits and administration costs on an annual basis while the fund builds up sufficient reserves to cover several years of benefits and expenses to withstand future adverse circumstances. Mr. Speaker, despite the encouraging short - to-medium term outlook on the fund, what is clearly evident from the latest actuarial review is that Berm uda, like most of the developed world, is faced with challenges associated with the growth of an ageing population. During the next 50 years the number of persons over pension age, 65, is expected to increase from 11,080 to 16,186, an increase of 5,106, or 46 per cent. This increase in our seniors will obviously place a greater strain on the country’s pension system. And it is essential that government continues to closely monitor the performance of the fund and our overall pension arrangements to ensure pensions are set at appropriate levels. As mentioned earlier, the next actuary report for the CPF was due for the period August 1, 2017, and has been completed. This report will be tabled in this Honourable House during the budget session. Mr. Speaker, the CPF was established in 1970, and thus has a rather simplistic design. Since the CPF was established, there have not been any meaningful reforms to the plan even after the mandatory National Pension Scheme (Occupational Pensions) Act was introduced. Accordingly, the Ministry is of the view that any reform of the CPF should take a holistic view of pensions for the various categories of workers to reduce coverage gaps and any other anomalies. The CPF, as the first pillar of retir ement income, reformed CPF benefits, together with other pensions, to provide for progressive benefits and a contribution formula at levels that can lead to a sustainability of the CPF in the long term. Accordingly, Mr. Speaker, the Ministry plans to enga ge the government’s actuary of record to conduct a comprehensive review of all pensions in Bermuda. It is anticipated that this engagement will be completed by the end of 2020 at the latest and will be shared with this Honourable House. Mr. Speaker, in closing, I wish to assure Members, and more i mportantly current and future pensioners, that the Go vernment is sensitive to the challenges facing pension plans of this nature and will endeavour to take the appropriate steps to enhance the benefits paid from the scheme, as well as ensure the fund has the ongoing ability to pay for such benefits. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? We recognise the Shadow Minister. Honourable Member Gordon- Pamplin, y ou have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, before I start my presentation on this, and I thank the Minister for his comments, …
Thank you, Minister. Does any other Member wish to speak? We recognise the Shadow Minister. Honourable Member Gordon- Pamplin, y ou have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, before I start my presentation on this, and I thank the Minister for his comments, and realising this does not go into Committee, this is an Order, so it will be jus t handled in the House. But I think it is important for me to get across one point. If nobody within the sound of my voice hears anything else that I say, it is that at the age of 65, you are ent itled to receive this contributory pension money. I have said this before from personal experience that, b ecause I did not make the application when I turned 65 at the appropriate time, I actually ended up losing out on something like eight months . . . sorry, seven months’ worth of monthly benefits. I take every opportunity every time I stand on this subject to remind people that, whereas there used to be a proactive stance within the Ministry or within the Social Insurance Department to advise people when they turned 65 that they are eligible to sign up for this benefit, that that proactive stance fell away somewhere in 2015, 2014 or somewhere thereabouts. I turned 65 in 2015. And at that point in time, because I was still working, I made the assumption that I did not understand that I would be getting a pension out when my company was still required to pay pension in. And even though as an employee, once you turn 65 you do not have to make the employee’s portion of the contribution, the employer still is required to pay. So it just did not seem to me logical that at the age of 65, you are still working, you are still paying in, and yet you are taking money out of the system. So it did not bother me that I had not actually made the application to say that I am 65; can I please have my money? And I say that to say that I do not want anybody else to be in the situation in which I found myself, having lost very close to $12,000 worth of benefit because of failure to make the application at the appropriate time. I think that at the time when citizens, when seniors are able to get the benefit by not having to pay land tax and to be at the time they were getting a supplemental, senior supplement at the hospital, and it was just one holy mess inasmuch as when they finally did adjudicate my matter, it actually ended up being around . . . it was actually . . . the hearing was held on Peppercorn ceremony day. That is the one time that I have missed the Peppercorn ceremony since I have been in this House, only to be told, I’m sorry. We ca nBermuda House of Assembly not backdate it to the date that you tur ned 65. So it just meant that I lost out. And I say all of that, and I do not mind. I take the lesson. But I take every opportunity to remind people that you are entitled to have this benefit at the age of 65. Make the application a month or two before you turn 65, so by the time you get to 65, that money, the process has gone through and you will get the money to which you are entitled. I think it is also important to mention that we are dealing with a 1.2 per cent raise. And I think that we are dealing now with a time where our seniors are particularly hard- strapped. They are stressed when it comes to their finances in terms of increases in their health insurance, increases in everything else that they are having to pay. And they now, if you are at the bottom end of the totem pole here in which you are presently getting $1,064 and change, you will now get $1,077 and change, which is going to be a whole whopping $13 per month that they will be able to r eceive if you are at the lower end of this particular spectrum of the $1,064 that the Minister alluded to. I am going to suggest to seniors who are going to get this extra $13 per month, do not spend it all in one place, Mr. Speaker. It will probably manage to get them an orange or two apples at the end of t he day. However, the Government does boast about their ability or about their record as to having increased pensions from 2000 all the way through. So obviously, every little bit helps. And more is better than less. The Minister did speak to the issue of , with the $1.95 billion that currently exists in the fund, [which means] there is, I think he said something like 12 years’ worth of payments that the fund can presently sustain. And I would be very interested to know how, with the increasing and the expo nential growth in our seniors, which is expected to grow by something like 45 per cent, from 11,000 people up to 16,000 people, over the next, I think 15– 20 years, I would be interested to see what the actuarial report shows that we will get, once that act uarial study has been completed at the end of this year, so that we will be able to get a real handle on the efficacy of this fund and how stable it will be to ensure that those extra people who are coming on board will have the opportunity to have the benefits, as they are going to be entitled to them. So, obviously, I know that the Minister indicated that we had a 1.2 per cent inflation. And I know that this inflation rate is based on, you know, not just the CPI but a certain basket of goods and services . And I always say that when we say that there is a 1.2 per cent inflation rate, I am not sure what basket of goods and services are really being looked at. B ecause I do know that if one looks at their own budgets . . . if I had an increase of 1.2 per cent in the budget to run my household, I would be hollering, Bingo! Because I can tell you, Mr. Speaker, that it is a lot closer over the course of the last 12 months even to about 9 per cent increase on running my household. So, 1.2 per cent basically means that people have effectively, in having that specific basket of goods and ser-vices, and that rate having been determined, if they can manage on this 1.2 per cent increase, then I glory in their spirit. I would like to know quite how they do it. The concer n that I have, though, is that the Government promised that they would do these i ncreases in August. And this increase here is effective from August of 2019, which means that we are six months behind schedule with the implementation of this increase. So it is one thing to boast and say, Listen. We’re giving this all to you. Yes, effective A ugust 1. The Minister can explain to us, when will our seniors be in the situation during which they will in fact be able to get their increases closer to the time that i t is due? Now, they are going to get a whopping big six times their $13, which will give them extra money in one lump sum. But I think that when that cheque comes that has the retroactive amount, because they had not been paid from August, when they do get that extra, I think it is also important for seniors to recog-nise and understand that this is not the money that you are going to get every single month. This is your six months’ worth on the catch- up. But your monthly amount is going to be, if you are at that lower end of that totem pole that I mentioned, it will be $1,077 if you are presently on $1,064. Clearly, with the varying bands that we have and the varying types of pensions that we have with contributory versus non- contributory, that $1,064 is not the standard amount that everybody is going to get. But I am just speaking specifically to those people who would be getting the $1,064, and it will go up to $1,077. I think it is important that we recognise that our seniors are particularly hard- pressed as we speak because the cost of everything is going up. And while I know that we are trying as a country to contain costs, it is difficult to expect that people are going to be able to manage on what our pensions are. So at some point in time––obviously an actuarial extrapolation would dictate that there would be required to be add itional monies coming in in order to sustain a higher pay-out––but I think it is something that we are going to have to look at. When we start looking at the cost of electricit y and the cost of groceries and everything else that goes into running a household, and not counting the taxes that the Government is slamming on people left, right and centre, that we started seeing the negative impact of that last year. And every Bill th at we did during budget time meant that people were having to dig further into their pockets. And as I remember saying last year, you could not even go home and be comforted by cuddling up with your dog because even the dog licensing fees went up, Mr. Speaker. So I just say all of that to say that obviously we support any increase because our seniors deserve every bit that they can get. And we certainly support 2984 14 February 2020 Official Hansard Report
Bermuda House of Assembly that. We would be very anxious to see tabled in this Honourable House the output from the actuar ial report that will be completed by the end of the year because it is important that we take a realistic stance towards what it really costs for our seniors to live. I know that the advent of our contributory pensions started somewhere in—I think it was somewhere around 1970 was the Contributory Pension Act. And that was a time in which, or prior to that, we had several people who did not have any type of pension that they had to fall back on once they reached r etirement age. And many people at retirement age, at the age of 65 or 68 if that is the new norm, still cannot afford not to work. And as a result of that, some people will obviously have to have employment in order to supplement what is coming in for their contributory pensions. But clearly, as an Opposition, we support the increase in the contributory pension and the benefit that our seniors are likely to get. And as I say, do not spend all the difference all in one place. Thank you, Mr. Speaker.
The SpeakerThe SpeakerI recognise the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, one must understand that there are laws in place in regard to making application for the social insurance and pension. And also in the law, it states that …
I recognise the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, one must understand that there are laws in place in regard to making application for the social insurance and pension. And also in the law, it states that if you are late, the fund will pay up to 13 weeks late. Mr. Speaker, I know of people who have come years, coming at about 69, 68 to make the application and wanted to get back pay. That is not in the law. They can only get up to 13 [weeks]. Now if they h ave a good excuse with all the documented ev idence that it was impossible to do this, do that, then I am sure the Pension Commission will look at that and make a fair ruling, Mr. Speaker. But this law has been in place since the 1970s. That has not changed. The requirement is when you put the application in and you pay, your employer knows that after 65 they stop making contr ibutions for them. And if you are conscious of what you are receiving, you look at your pay stub, you know that social insurance when you are 65 is not coming out. That should tell you then you need to make the application. Now, if you are making so much money that you do not check your pay stub, then you might miss it. And I figure this is what happened to one of my co lleagues over on the other side. That is why they were late.
[Laughter]
The SpeakerThe SpeakerIt was a matter of need. Hon. Derrick V. Burgess, Sr.: Yes. So I do not think they need it. And I must say, Mr. Speaker, I want to thank the Minister for bringing this because we pr omised that we would give increases yearly. And although backdated, it is …
It was a matter of need. Hon. Derrick V. Burgess, Sr.: Yes. So I do not think they need it. And I must say, Mr. Speaker, I want to thank the Minister for bringing this because we pr omised that we would give increases yearly. And although backdated, it is still yearly. Now I cannot say that about others who were in charge at one time. But we are keeping to our promise of paying, giving increases yearly. And we go by the same method th at was used years ago from the Statistics Department. And if the cost of living has gone up 2 per cent, then the Minister would have brought that here. But he is not going to go over; he should not go over. Well, he should not go below what the current rat e is. And that is what he has brought; that is what it is. Regardless of what your bill is at home, because I heard the Honourable Member state that hers had probably gone up 9 per cent. Well, the Honour able Member has probably gone from chicken to steak. That will take it out, you know. And I do not know that.
[Inaudible interjections] Hon. Derrick V. Burgess, Sr.: I do not know that. But that is a way how your bill goes up in addition to the natural increases. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Deputy Speaker. Does any other Honourable Member wish to speak? We recognise the Honourable Member from constituency 19, I believe. Honourable Member. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I just have two points that I just want to opine on for a moment. …
Thank you, Honourable Deputy Speaker. Does any other Honourable Member wish to speak? We recognise the Honourable Member from constituency 19, I believe. Honourable Member.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I just have two points that I just want to opine on for a moment. I think it is important, as my honourable colleague said, for everybody to recognise that when they go 65, they are entitled to pension. I think the other thing that people need to also recognise is that when you get to 70, you are actually going to get an increase in the contributions that you are entitled to. And so, they need to be aware of that.
[Inaudible interjections]
Hon. Jeanne J. Atherden: No, no.
The SpeakerThe SpeakerYour colleague has something to look forward to now, see that? Yes. Hon. Jeanne J. Atherden: But I think the question that I have, and this is something that I hope the Mi nister will just clarify, that this whole question of when you get to 65 and the employee, …
Your colleague has something to look forward to now, see that? Yes. Hon. Jeanne J. Atherden: But I think the question that I have, and this is something that I hope the Mi nister will just clarify, that this whole question of when you get to 65 and the employee, because now you are still wo rking, the employee no longer has to put any money into the fund. But the employer is putting money into the fund. So what I want to get clear on is that
Bermuda House of Assembly when the calculation is being done in terms of how much contribution has been put in there and what yo u are entitled to have, coming back at 65, because at that point in time both of you are contributing. So there is one number. When you now go from 65 to 70, there are only the contributions by the employer. So I want clar ity on how the calculation goes and how that results in the increase. And the reason I am asking this is that, for all those seniors out there who are thinking about working after 65, you need to understand what you are getting back and what is being taken out. And so, I think it is impor tant to know that if you keep working, even if you work after 70, what impact would it have if further contributions are being made into the fund? Because the only thing I do not want to find out is that you do not get any more money. But it is going into the fund and helps the fund become more solvent. Okay? So I am being honest, because I think every senior needs to understand that. So if the Minister could clarify that, then those who want to keep working, they should know that it is going to benefit them in the end. Because I would like to think that if more money is put into the fund, then later on they should get more money out. But I think we need clarity. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Minister, no one else is rising at the moment. Would you like to move us into Committee? Or would you like to respond some more and then move us into Committee when we come back from lunch? Hon. Curtis L. Dickinson: Mr. Speaker, this is an …
The SpeakerThe SpeakerOh, it does not go to Committee. That is right. Yes, yes, yes. It does not go to Committee. It does not go to Committee. Well, you can just speak to this. Wrap us up, and we will go to lunch after that. That is right; it is an Order. …
Oh, it does not go to Committee. That is right. Yes, yes, yes. It does not go to Committee. It does not go to Committee. Well, you can just speak to this. Wrap us up, and we will go to lunch after that. That is right; it is an Order. Yes.
[Inaudible interjections]
Hon. Curtis L. Dickinson: No, we are going to do this now.
The SpeakerThe SpeakerDo you want to come back from lunch, or do you want to wrap it up now? Hon. Curtis L. Dickinson: No. Let us wrap it up now.
The SpeakerThe SpeakerWrap it up now? Hon. Curtis L. Dickinson: Yes.
The SpeakerThe SpeakerYes. We will wrap it up now. Members, you do not mind the Minister taking a few more minutes, do you? Thank you. Minister. Hon. Curtis L. Dickinson: Yes. Mr. Speaker, addressing some of the queries put forth by Honourable Members, I will certainly have to look into why indivi …
Yes. We will wrap it up now. Members, you do not mind the Minister taking a few more minutes, do you? Thank you. Minister. Hon. Curtis L. Dickinson: Yes. Mr. Speaker, addressing some of the queries put forth by Honourable Members, I will certainly have to look into why indivi duals need to notify the Department of Social Insurance around them turning 65. If anyone should know, I would suspect it would be them. And for there to have to be proactive steps taken by seniors to get their money, it just seems a little bit out of whack, for me. In an era when we are trying to make government more appropriate, more relevant to the citizenry, it should be us doing the outreach as opposed to having se niors respond. With respect to Member Atherden’s questions around if seniors work beyond 65 and their employers continue contributing, I am advised that the Depar tment of Social Insurance assesses those contribu-tions with a view toward determining whether or not the pensioner is warranted in receiving additional co nsideration. So there is an assessment that is done. All the money does not necessarily go towards buttres sing or increasing the sustainability of the fund, al though I would argue that this is not necessarily a bad thing, especially given my age. I would say I did not realise that Honourable Member Gordon- Pamplin, my MP, had turned 65. (Looking good, Pat!) With that, Mr. Speaker, I have no other comments.
The SpeakerThe SpeakerYou must be giving out Valentine’s Day compliments today, eh? Hon. Curtis L. Dickinson: It is Valentine’s Day today,
Mr. Speaker. Please indulge me.
The SpeakerRight. Understood, understood. Yes. Share the love. [Inaudible interjections]
The SpeakerThe SpeakerHe was giving you a compliment. Hon. Patricia J. Gordon -Pamplin: I just turned 70 on the 3 rd of January. Hon. Curtis L. Dickinson: Now she is bragging, Mr. Speaker. [Laughter] Hon. Curtis L. Dickinson: They say self -praise is no recommendation. Mr. Speaker, I move that the said …
He was giving you a compliment.
Hon. Patricia J. Gordon -Pamplin: I just turned 70 on the 3 rd of January.
Hon. Curtis L. Dickinson: Now she is bragging, Mr. Speaker. [Laughter] Hon. Curtis L. Dickinson: They say self -praise is no recommendation. Mr. Speaker, I move that the said Order be approved and that a suitable message be sent to His Excellency the Governor. 2986 14 February 2020 Official Hansard Report
Bermuda House of Assembly The Speaker: Are there any objections to the said Order being moved forward and a message sent to the Governor? No objections. The matter has been dealt with, and the appropriate message will be sent.
[Motion car ried: The Contributory Pensions (Amendment of Benefits) Order 2020 was approved.]
The SpeakerThe SpeakerPremier, would you like to take us to lunch? Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until 2:00 pm.
The SpeakerThe SpeakerAny objections? I did not think so. We now stand adjourned until 2:00 pm. [Gavel] Proceedings suspended at 12:3 4 pm Proceedings resumed at 2:04 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. I trust ev eryone had a nice lunch. [Gavel]
The SpeakerThe SpeakerWhen we closed for lunch we had just concluded the second item on the Orders of the Day. And now the third item on the Orders today for us to deal with is the second reading of the Public Holidays Amendment Act 2020 in the name of the Minister of …
When we closed for lunch we had just concluded the second item on the Orders of the Day. And now the third item on the Orders today for us to deal with is the second reading of the Public Holidays Amendment Act 2020 in the name of the Minister of Labour, Community Affairs and Sports. Honourable Minister Foggo, would you like to present your matter?
Hon. Lovitta F. Foggo: Yes, I would indeed, Mr. Speaker.
The SpeakerThe SpeakerProceed. BILL SECO ND READING PUBLIC HOLIDAYS AMENDMENT ACT 2020 Hon. Lovitta F. Foggo: Mr. Speaker, I move that the Bill entitled the Public Holidays Amendment Act 2020 be now read for the second time.
The SpeakerThe SpeakerAre there any objections? There are none. Continue. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, I am indeed pleased to introduce the Bill entitled the Public Holidays Amendment Act 2020. Mr. Speaker, as Honourable Members will recall, I made a Ministerial Statement on the renaming of Somers …
Are there any objections? There are none. Continue. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, I am indeed pleased to introduce the Bill entitled the Public Holidays Amendment Act 2020. Mr. Speaker, as Honourable Members will recall, I made a Ministerial Statement on the renaming of Somers Day to Mary Prince Day to this Honourable House on January 31, 2020. At that time, I reminded Honourable Members that Cup Match is inarguably one of the most i mportant and popular holidays in the Bermudian calendar. Cup Match is currently comprised of two consecutive holidays —Emancipation Day (as the first day of Cup Match) and Somers Day (as the second day of Cup Match). Mr. Speaker, this holiday has a rich history steeped in the efforts of Bermuda’s black Lodges —the Friendly Societies —who helped build and lift our community during the post -emancipation era. One of the efforts was the introduction of a game of cricket between the Lodges and this came to symbolise this important moment in the Bermudian story. It is why the Cup Match holiday has been formal ly paired with Emancipation Day as a way of observing this essential point in our history. Mr. Speaker, I again bring to the attention of this Honourable House that national days are an i mportant part of our cultural identity. What we celebrate and how we celebrate speaks directly to who we are as a people. Bermuda’s Emancipation Day, as established by the 1833 Act for the Abolition of Slavery, which came into effect in 1834, commemorates the abolition of a system under which people of African descent on t his Island were for centuries not reco gnised as citizens, but rather as property —legally bought and sold and forcibly worked for the benefit of others. Mr. Speaker, our National Hero, Mary Prince, is recognised on the world stage for the crucial role she played in the abolition of slavery throughout the British Empire by telling the painful story of her life as a slave. It is only fitting that the second day of Cup Match be renamed for her. Mr. Speaker, the origins of Cup Match lay squarely in an observance of emancipation. And by returning Cup Match to the observation of emancipation and the abolition movement that it was always meant to be we show both a respect and understanding for that pivotal moment in our history as Bermudians. Our complete history must be understood. Mr. Speaker, Honourable Members will also be aware of another premiere event in Bermuda, n otably Bermuda Day, which features as part of Heritage Month—not only the marathon race, but the very popular parade. Bermuda Day was born out of the Pitt Commission Report of 1978 and is widely considered the first day of summer. It first featured the Bermuda Day Parade in 1979. The parade remains a steadfast
Bermuda House of Assembly celebration featuring dance groups, bands, majorettes, decorated floats and gombey troupes. Mr. Speaker, Bermuda Day is also known as May 24th Holiday, which can cause confusion as, at the moment, the holidays have at the last Friday in May, which can result, as it did in 2019, where the last Friday in May was the 31st of May, and the 24th of May was the Friday before. The amendment I bring today to make Bermuda Day the first Friday before the last Monday in May will ensure that where the 24 th of May falls on a Friday that day will be the public holiday , the next one being in 2024. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? No other Member? Oh, Mr. Commissiong?
The SpeakerThe SpeakerOkay. I recognise the Honourable Member Mr. Commissiong. You have the floor.
Mr. Rolfe CommissiongMr. Speaker, at the risk of reflection, I referenced earlier the generations of women who were the backbone of our modern economy and I referenced my wife and countless others, and it is in relation to this. I might just wan t to correct the record. My wife worked at …
Mr. Speaker, at the risk of reflection, I referenced earlier the generations of women who were the backbone of our modern economy and I referenced my wife and countless others, and it is in relation to this. I might just wan t to correct the record. My wife worked at HSBC . . . has conti nued to work there and she had her 40th anniversary and not the 45th. So, I want to put that in the record.
Mr. Rolfe CommissiongBut there is another story of generations of women of African descent who toiled and laboured in this country pre- 1834, who worked under conditions of servitude and bondage that we more commonly refer to as “chattel slavery.” And t oday we are seeking to codify —to make under law …
But there is another story of generations of women of African descent who toiled and laboured in this country pre- 1834, who worked under conditions of servitude and bondage that we more commonly refer to as “chattel slavery.” And t oday we are seeking to codify —to make under law — the recognition of one of those women whose name is Mary Prince. Mr. Speaker, Mary Prince who served under those conditions was a slave born in Bermuda. And the reason why Mary Prince’s story is so compelling is because it operates on so many . . . so many levels. One, we have the acknowledged story of the role she played in galvanising anti -slavery pro- abolition opinion pre-1834 by the riveting story that she told, that she conveyed to an English writer. Mary Prince had escaped from slavery in England. Some are still under the misapprehension that slavery at that time (early 1800s) had been abolished. It had not . . . in England I am saying. Slavery still existed even in England at the time when she (if I can use the term) absconded from her master, who, by that time, was A ntiguan. So, besides galvanising anti -slavery opinion in the metropole of London and in the broader UK under the British Empire, which made a major contribution to the subsequent positive votes in favour of abolition in 1833, bringing her story closer to home, Mary Prince’s story was vitally important because many of us (as I have spoken to you before on this issue) have grown up in a Bermuda where we were inculcated with the view that slavery in Bermuda was benign. One of the chief proponents of that vie w—pernicious view —was in the person of an Englishwoman who was living in Bermuda at that time by the name of Terry Tucker. We know that through Mary’s words, through Mary’s story, that view was refuted. Her story served as a rebuke to that view. She graph ically illustrated how brutal and horrific slavery was in Bermuda. Did we have plantation economies or plantations here or a plantation- based economy (I should say) here? No. Our slavery, the economy around it, was different, but, as she illustrated, no less dehumanising to those caught up in its grip. In a Wikipedia entry . . . and I would encourage those at home to google Mary Prince. In the Wi kipedia entry Mary speaks to us across the generations as follows, if I may Mr. Speaker?
Mr. Rolfe Commissiong“It was night when I reached my new home. ” This was after she was sold. She was sold about three or four times during her life. She says, “The house was large, and built at the bottom of a very high hill; but I could not see much of …
“It was night when I reached my new home. ” This was after she was sold. She was sold about three or four times during her life. She says, “The house was large, and built at the bottom of a very high hill; but I could not see much of it that night. I saw too much of it afterwards. The stones and the timber were the best things in it; they were not so hard as the hearts of the owners. ” One of the more graphic illustrations of that hardened heart, of the horrific conditions that she and other Bermudians of African descent and of Native American descent were made to endure is graphically illustrated, as I said, as she described the beating of a younger slave woman who was with child and how she was beaten and I assumed kicked to death by her then slave owner Mr. Ingham as his wife looked on. She talked about the horrific conditions (to use that term again) down in Turks and Caicos —I guess one of the closest things we got to a plantation economy —in terms of the harvesting of salt and how arduous it was, and that may be an understatement. So, Mary’s great gift to us endures. That no more we say in Bermuda, Well, no, our masters they were just good and kindly and that they were benign. This is a story that all of us can embrace and it should be embraced from one school to the other —from Berkeley to BHS, from Warwick Academy to CedarBridge, at the Middle School and the Primary School levels. Let us celebrate her life and let us give due to those contributions she made. 2988 14 February 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, Mary was bor n on Brackish Pond Lane. One of her descendants, if not by blood, but as another woman who has amply demonstrated that she was prepared to resist racial injustice now lives—and again, like I said earlier, I am going to r eflect some self -interest here—is my mother. Up at 88 years this year, one of the founding members of the Theatre Boycott, she and women like her are not only the backbone of our economy, but the backbone of our fight against racial injustice in the modern era. She lives on Brackish Pond Lan e. Of course, back then in the 1600s and the 1700s Brackish Pond Lane was most of Devonshire. So she lives on a street in that area. But she and that generation . . . Lois Browne- Evans . . . I can go on and on and on. They are the inheritors of the work t hat people like Mary Prince performed on our behalf. I magine . . . imagine that blow that she was determined to strike against the evils she had endured. Mary Prince, again if I may, Mr. Speaker, she related, again, the following: “ I have been a slave m yself—I know what slaves feel —I can tell by myself what other slaves feel, and by what they have told me. The man that says slaves be quite happy in slavery — that they don’ t want to be free—that man is either i gnorant or a lying person. I never heard a slave say so. I never heard a Buckra (white) man” —by the parlance of the day —“say so, till I heard tell of it in England. ” Mary Prince was not the only person to relate their story. You had Olaudah Equiano, born in West Africa. His autobiography was self -penned. Like Mary Prince’s story it was riveting. It galvanised anti -slavery opinion, not only in Great Britain, but globally or throughout, at least, the British Empire. So Mr. Speaker, our and the Minister’s role here in ensuring that Sir George Somers is not associated with this holiday is well taken. I commend her and people like MP Chris Famous for the moral courage and moral clarity they have demonstrated in this regard. What better person to replace on that pedestal than she who was the last and least amongst them. She will now be placed on that pedestal to where she is now the first. Let us all celebrate this change b ecause it is well deserved. Mr. Speaker, I can imagine in years to come, leading up to Cup Match, that all throughout the Island our school s, visiting academics . . . we have the Diaspora Trail which will be a key component of it. The Minister and her team have done excellent research in narrowing down the areas in which Mary at one time lived. This is going to be a fantastic time for us to c elebrate. See why it is important that we have this here? This is not just to talk about what we now call “emancipation,” but to have that story which is so critically important, and to put a face to that story. That is why this is important. That is why t his is something that was long overdue. The thing about Mary, finally, Mr. Speaker, was that after that period, after the book came out, which was the first account of the life of a black woman to be published in the United Kingdom and after the 1834 Emancipation Act, or Act of Abolition, rather, had been passed, Mary was just lost in the mist of history. There are no more recollections of her. But today we affirm that she is not lost to us and to Bermuda—this grateful country. And remember what I said. H er story operates on so many levels —
Mr. Rolfe CommissiongSo not just what she did for us, but now it can be acknowledged and remembered throughout time what she did in her effort to combat the evil of slavery throughout the Britis h Empire. Abol ition was not just the abolition of Bermuda’s persons who were in bondage, but …
Mr. Rolfe CommissiongMr. Speaker, lastly, I would just note that there is another part to this Bill. I want to quickly commend our colleague, Mr. Michael Weeks, for his unstinting advocacy to have the Bermuda hol iday shift in terms of its timeline so that it can occur more in sync with …
Mr. Speaker, lastly, I would just note that there is another part to this Bill. I want to quickly commend our colleague, Mr. Michael Weeks, for his unstinting advocacy to have the Bermuda hol iday shift in terms of its timeline so that it can occur more in sync with the Memorial Day holiday in the US. I think it is a wise an d welcome move, and I want to thank him, because he was like a lone voice in the wilderness —at least within our circles —to get this done. And it looks like it is going to happen today. And I want to again . . . he is not here today, but I thank him for his advocacy. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Leader of the Opposition. Honourable Member, you have the floor. Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I will start off by saying that i n previous conversations in this House I have mentioned already my support for the direction …
Thank you, Honourable Member. I now recognise the Leader of the Opposition. Honourable Member, you have the floor.
Hon. L. Craig Cannonier: Yes, thank you, Mr. Speaker. I will start off by saying that i n previous conversations in this House I have mentioned already my support for the direction that the Government has tak-en in light of this Public Holidays Amendment Act that is before us today. And I wanted to highlight the previous Member who just sat d own for his recognition of women in Bermuda. I believe, as a whole, psychologically, it is important to all Bermudians that we do find a balance as we look at our history and those who have helped shape how we got here today —
The SpeakerThe SpeakerMm-hmm. Hon. L. Craig Cannonier: —and the many benefits that we have derived and benefited from based on the sacrifices that have gone on in the past. And so I hope Bermuda House of Assembly that as we move towards changing Somers Day to Mary Prince Day, [and] as we …
Mm-hmm. Hon. L. Craig Cannonier: —and the many benefits that we have derived and benefited from based on the sacrifices that have gone on in the past. And so I hope
Bermuda House of Assembly that as we move towards changing Somers Day to Mary Prince Day, [and] as we celebrate Cup Match, [where] w e certainly get caught up into the festivities, but that we also, in addition to that, find ways to con-tinue to allow the significance of the name and the story to be told so that it is not forgotten.
The SpeakerThe SpeakerMm-hmm. Hon. L. Craig Cannonier: I mean, if you take a look around today, Mr. Speaker, our young people do not know how to make kites, they certainly do not know about king’s hole marbles, and these kinds of things. You know everything is electronic and on a— [Inaudible interjection] …
Mm-hmm.
Hon. L. Craig Cannonier: I mean, if you take a look around today, Mr. Speaker, our young people do not know how to make kites, they certainly do not know about king’s hole marbles, and these kinds of things. You know everything is electronic and on a— [Inaudible interjection] Hon. L. C raig Cannonier: Yes, we must teach them. And so we are responsible, we have missed the boat in many cases on some things historically, and so I recognise that this is one on those areas wherein we can find a way, truly, to ensure that Bermudians u nderstand clearly their history and how we have gotten here today. I must say I had given a lot of thought to the holiday and the naming of Mary Prince Day and sometimes, you know, when we discuss matters or debate we can get caught up into some of the side conver sations where facts are not being laid on the table. So it is important and pertinent for us as we look at these kinds of things that we ensure that the facts are out there, that we are not communicating misi nformation about the importance of what is going on today, and those who played a role in the founding and in the shaping of this wonderful place that we call home that is known to the world as Bermuda. I also believe that the respect that is being shown by this House —and it is mutual from both aisles —to this naming should be noted. I think som etimes in the cut and thrust we tend to have these d ividing lines and we do not recognise that there certainly is cooperation in the sense that this is important. The important part to it is that this is a woman w ho is being respected here. This is a woman who is being respected. And as I said, when I thought about it, I believe that her passing day was June 21 st, and I could not help but think well, maybe we should have made June 21st the holiday. But, you know, w e are using Cup Match and this Government has seen fit to use an existing day to be able to exemplify and to note the life of Mary Prince. And I also recognise that we have National Heroes Day which allows us opportunity as well to recognise members amongs t the community. But this is, quite frankly, about the challenges of the past and a black woman who stood up and co ntributed to this beautiful place we call home and who has made a difference. So, I want to thank the Mini ster for taking the time with whom ever else that she was meeting with to get to this point that we . . . we are recognising a woman here on a public holiday. This is significant . . . a black woman. This is hugely significant. And I echo and hope that the sentiments will go forward, and th at we will continue to have this stuff in our historical books, that our kids are all being taught these many things so that they also move forward with ensuring that balance, that facts, that we not only use equality, but we use equity to get people where they need to be in this wonderful place we call home. So, again, I want to thank the Honourable Member Commissiong also for highlighting the fact that this is a woman, and that we also recognise his wife for 40 years contributing. And I must say, from St . David’s, I am sure the first ship landed down there, but Mike got a lot of stories concerning that and shi pwrecks and what St. David’s islanders used to do to those ships, but I must say that it is really good to be in the House to hear that we are recog nising a woman for her contribution to this Island we call home, Mary Prince Day. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Honourable Member Moniz, is it? [Inaudible interjectio n]
The SpeakerThe SpeakerOkay. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: I just want to speak briefly. I want to concur with my Leader —the Leader of the Opposition —that we all support the Mary Prince hol iday and we support recognising her beyond her figure already as a national hero. What I personally have found …
Yes.
Hon. Trevor G. Moniz: I just want to speak briefly. I want to concur with my Leader —the Leader of the Opposition —that we all support the Mary Prince hol iday and we support recognising her beyond her figure already as a national hero. What I personally have found very disappointing, and you are aware of this, Mr. Speaker, is the defamatory attacks that have been made on Sir George Somers over that period of time. And some of the people who were champions of the Mary Prince Day felt that they should have to slander Sir George Somers. I am not sure why that was the case, because you do not have to compare one against the other. Mary Prince can be looked at on her own. She is a fabulous historical figure who deserves her hol iday and, as far as I know, everyone has supported that. I do not know anyone who has spoken against that idea. I have gone back and searched the paper and the records, et cetera, but I think it was on January 29, 2018, that the Honourable Member Chris Famous 2990 14 February 2020 Official Hansard Report
Bermuda House of Assembly came in the House and said that Sir George Somers was a slave owner. And, at that time, there were some letters in the paper pointing out that there is absolutely no evidence whatsoever t hat at any time was he a slave owner. And he was a very prominent person, so it is unlikely that he could be a slave owner and there would not be records of it. So, if any Members of the House feel otherwise they should educate themselves —
The SpeakerThe SpeakerPoint of order. I take your point of order. POINT OF ORDER
Mr. Hubert (Kim) SwanAndrew Jackson was the President of the United States and, I think, he and many others owned slaves. So, I do not think t hat statement that the Honourable Member made is quite correct. You could very well be reflected in history as being everything and done many things that …
Andrew Jackson was the President of the United States and, I think, he and many others owned slaves. So, I do not think t hat statement that the Honourable Member made is quite correct. You could very well be reflected in history as being everything and done many things that have not been recorded. So, I do not think that statement and the context that the Member was making i s actually accurate.
The SpeakerThe SpeakerThank you. Hon. Trevor G. Moniz: Yes, I do not think it was any secret . . . Thomas Jefferson was a slave owner, and we all know that. He also served as President. But it is just that that untruth kept being r epeated. A nd, as you know, …
Thank you. Hon. Trevor G. Moniz: Yes, I do not think it was any secret . . . Thomas Jefferson was a slave owner, and we all know that. He also served as President. But it is just that that untruth kept being r epeated. A nd, as you know, I approached yourself about it and said that Mr. Famous, unless he could back those words up, should withdraw them and he should apologise. And they have been repeated more recently, you will be aware of Mr. Speaker, by the Honourable Member who spoke before Rolfe Commissiong, that Sir George Somers was a slave owner.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongThe point of order is I think the Member is misleading this House with respect to myself and perhaps Mr. Famous as well. It was recorded that Sir George Somers was part of a fleet of English privateers that attacked one of the chief Venezuelan ports. They took a significant …
The point of order is I think the Member is misleading this House with respect to myself and perhaps Mr. Famous as well. It was recorded that Sir George Somers was part of a fleet of English privateers that attacked one of the chief Venezuelan ports. They took a significant amount of booty whi ch included the slaves of the Spanish ships that they had taken. That attack was one that —it was reported —made him a very wealthy person. I will say no more than that. And the Member, I understand will make those comments. This is not about taking anything away from Sir George Somers and his role in Bermuda, it is just about putting the onus and the honour where it truly belongs in the context of emancipation. Thank you.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I will take that as a sort of apology f rom the Member. As I said, there is no evidence that at any point Sir George Somers was ever a slave owner. Yes, he was a privateer, he had letters of marque from the monarch of England to do that in an undeclared war between England and Spain. And those were the days and that is what happened. So, I think it is . . . I just want to make the point, because I know the Honourable Member Chris Famous has gone on to attack Sir George Somers. And, to me, it was a very strange thing, because there were a couple of letters in the paper, one by John Cox, who is somewhat of a historian, who said that there is no evidence to support the statement. Mr. Famous never came back to withdraw the words or apologise. He did, however, go on to say on January 17 th . . . to giv e a statement to the Royal Gazette. And at that point . . . I just want to quote the article from the Royal Gazette of that date with y our permi ssion, Mr. Speaker, because I want to be fair here. “Christopher Famous, a PLP backbencher, said: ‘There is no way that someone who had nothing to do with emancipation should be included with an emancipation celebration. I’m not going to denigrat e George Somers, but the reality is that he was anything but emancipated. ’” He went on to say, “ He said he had no objection to Somers Day being moved to July 28. But he pointed out that, as Cup Match has no fixed dates, part of the holiday could sometimes fall on July 28. ” Now, part of the point there . . . in the further articles I was also concerned . . . Mr. Famous also did another article where he talked about emancipation and he talked about the fact that in some countries there was a four year, what they called, an apprenticeship scheme with . . . where freed slaves had to continue working for their old master (and it may have been connected with housing) for a period of four years without pay for a certain number of hours per week. But the implication in his article was that that was done in Bermuda. But when you look up his ref-erence and read the following paragraph, of course, it says this was not done in Bermuda. That scheme did not exist in Bermuda. So, just to clarify on that. Now, I think wh at I have seen most people say is that, you know, Sir George Somers deserves some recognition and most people have recognised the defamation of him is undeserved. And part of the reason for that is he is an important figure in the hist ory of, of course, St . George’s. And his heart is buried
Bermuda House of Assembly there in St. George’s and is twinned with his original home. [Inaudible interjection] Hon. Trevor G. Moniz: The Minister will get a chance to respond. But . . . and I am not of English descent! I have got less English blood in me than the Deputy Speaker has. So, I do not have any English blood in me, so the fact that —
[Inaudible interjection]
Hon. Trevor G. Moniz: Sir George Somers —
The SpeakerThe SpeakerMembers. Hon. Trevor G. Moniz: —was not one of ancestors, it is safe t o say, Mr. Speaker. But I think it is important to Bermuda history. And the thing about Sir George Somers, when he became well known, was that when they were headed to Jamestown in Virginia they …
Members. Hon. Trevor G. Moniz: —was not one of ancestors, it is safe t o say, Mr. Speaker. But I think it is important to Bermuda history. And the thing about Sir George Somers, when he became well known, was that when they were headed to Jamestown in Virginia they hit this horrible hurricane, it lasted for(I am told) three days. And, at that time, the ship was leaking, the ship was sinking. It was a new ship, the caulking was coming out, ever yone gave up hope, they were all ready to die. And it was Sir George Somers who drove them on and said, No, we have got to keep going on. And he was . . . they were jettisoning heavy objects, like cannons, et cetera, to help the ship float. Everybody on board was bailing the water out of the ship and it was sinking and sinking. But after three days he spotted land and then drove the ship up on the reef and everyone was saved. And so, he had his historic moment. Whatever else he may or may not have done in his past, he had that historic moment which was important to the hist ory of Bermuda. It was important. And he was not the person who settled Bermuda because, of course, the person who settled Bermuda was John Carter. So, we do need to get more of the history of Bermuda. So, it is not a solution for those who want to celebrate more of our black history —which is important; which we have not celebrated enough— we can do both. We can walk and chew gum. And people always think, Well, if I’m gonna do that then I have to throw this out the window. No. You have to embrace your history. It is just like your family history — whatever it may be, you ha ve to embrace it, you have to own it. That is your history. You cannot choose a nother history. You cannot make up another history. And so, therefore, I urge the Government that they should arrange some suitable recognition for Sir George Somers as recommended—as recommend-ed—by Chris Famous and other Members of the PLP. So, I think it is important for St. George’s and I think that that should be done. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wis h to speak? I recognise Honourable Member Hayward. Honourable Member, you have the floor.
Mr. Jason HaywardThank you for giving me the opportunity to weigh in on this piece of legislation that is tabled in front of us.
Mr. Jason HaywardI listened carefully to the Opp osition Leader and what he had to say. And if I was an individual that did not know who Mary Prince was or what she stood for, after his delivery I still would not know. Because he said that we should celebrate and we …
I listened carefully to the Opp osition Leader and what he had to say. And if I was an individual that did not know who Mary Prince was or what she stood for, after his delivery I still would not know. Because he said that we should celebrate and we should be proud of this change, and it is good that we are celebrating Mary Prince for her contribution to this. What is this “this” that the Opposition Leader is referring to? In 1619, the British began to import the first blacks into Bermuda. The very first black was brought in to dive for pearls.
An Hon. Member An Hon. MemberMm-hmm . . . the original pearl diver.
Mr. Jason HaywardAfter that the whites in Bermuda continued to import bl acks—
Mr. Jason Hayward—as enslaved individuals, i ndentured servants. And this continued for hundreds of years. There are stories that have never been told to me as a young black man in Bermuda. I did not learn about the enslaved black people when I was in school. I attended West Pembroke Primary School …
—as enslaved individuals, i ndentured servants. And this continued for hundreds of years. There are stories that have never been told to me as a young black man in Bermuda. I did not learn about the enslaved black people when I was in school. I attended West Pembroke Primary School and then attended the Berkeley Institute. And in my history curriculum was European history. I learned about the world wars, I learned who Napoleon was, I learned about the kings and queens. The little bit of Bermudian history that we did learn about was con-tained in our civics books and it basically talked about the House of Assembly. But I asked the question to one of my parli amentary colleagues and said, If you can name one black f reedom fighter from 1619 to 1900 who would they be? And after much thought the person could not name one. And then Mary Prince came up. And it is only because, number one, she is a national hero and 2992 14 February 2020 Official Hansard Report
Bermuda House of Assembly so some recognition has been placed around her activity i n this country. But what is interesting is that not one black male could be named as somebody who actively fought against slavery, oppression, segreg ation in Bermuda from 1619 to 1900. The first black names come after 1900 in the forms of Monk and Mazumbo, which we consider to be our freedom fighters. It seems as though our history has been erased from 1619 to 1900 in regards to black freedom fighters during that time. My fellow MP Commissiong touched on a point regarding how some say slavery was not too bad in Bermuda. Slavery in itself is atr ocious. The erection of whipping posts in every parish of this country is atrocious. There was a whipping post erected in every parish.
Mr. Jason HaywardThe practitioner who used to whip the s laves was nicknamed the “Jumper.” And he was nicknamed the “Jumper” because of the effect that his lashes would have on the enslaved blacks. There were also public treadmills set up across the Island. These treadmills were used to place enslaved blacks …
The practitioner who used to whip the s laves was nicknamed the “Jumper.” And he was nicknamed the “Jumper” because of the effect that his lashes would have on the enslaved blacks. There were also public treadmills set up across the Island. These treadmills were used to place enslaved blacks on and they would have to run for hours on these treadmills, to the point of exhaustion. There came a period of time where the number of blacks were increasing to an alarming level, so the Colonial powers that be put in rafts of legislation to suppress the movement of both free and enslaved blacks. Some do not know that during the period of slavery there were free blacks that operated in Ber-muda. However, their freedom would also be suppressed. And at one point in time the powers that be told all free blacks that they must leave the Island within a six -month period or they would be enslaved because they were charging the free blacks with em-powering the enslaved black people. These things are not commonly told. We have to actively seek out our history. It was n’t until 1834 with the two Acts that passed, the abolishment of slavery acts —Abolishment of Slavery Act I and Abolishment of Slavery Act II. The first Act actually made it illegal for blacks to be enslaved. It also set out compensation for those who had s laves. And so not only did they profit off of the free labour of black enslaved individuals, once the Abolishment of Slavery Act came into place, they were also additionally compensated. An important part of that Act was the apprenticeship scheme. And lik e Mr. Moniz said, the appre nticeship scheme never took place in Bermuda. And the apprenticeship scheme was not the retaining of black slaves to work for their former employer, they did not want the apprenticeship scheme in Bermuda because they did not want to empower any —
Mr. Jason Hayward—newly freed black to acquire the skills so that they could be productive members of this society. The second piece of legislation was to ensure that blacks and whites had the same rights in Berm uda. But then we know that shortly after that there was legal segregation. We saw …
—newly freed black to acquire the skills so that they could be productive members of this society. The second piece of legislation was to ensure that blacks and whites had the same rights in Berm uda. But then we know that shortly after that there was legal segregation. We saw that the rule book had changed regarding who could vote in elections and who could run for office. But individuals . . . like it or not, this is part of our history, a period w here persons received legal equality and actual inequality. The removal of Somers Day is important. If Mr. Somers was an upstanding citizen—
Mr. Jason Hayward—there would be many who would protest and object to the removal of his name. [Inaudible interjection]
Mr. Jason HaywardBut those active advocates are not bold enough to stand. Mary Prince is a fitting name, Mr. Speaker. She is a great individual. And hopefully the naming of the second day of Cup Match to Mary Prince Day forces the country to recognise that we do have a freedom fighter …
But those active advocates are not bold enough to stand. Mary Prince is a fitting name, Mr. Speaker. She is a great individual. And hopefully the naming of the second day of Cup Match to Mary Prince Day forces the country to recognise that we do have a freedom fighter who existed prior to 1900. It forces deliberate education within our education system and community. It forces us to recognise that Bermuda has a very dark past. It will also force us to recognise that the Portuguese were no better than the English when it came to slavery. The Portuguese were actually those who had the ships and brought the slaves across the A tlantic. One needs to look no further than Brazil for an example and ask the descendants of the former enslaved blacks in that country how they feel about the Portuguese contribution.
An. Hon. Member: And that lovely ride they got.
Mr. Jason HaywardMr. Speaker, it is a very ser ious— An. Hon. Member: Yes, it is.
Mr. Jason HaywardThe enslavement of blacks is a very serious part of our history — An. Hon. Member: No, Bermuda is different . . . it did not happen in Bermuda.
Mr. Jason HaywardMany would like us to forget what took place— An. Hon. Member: It does not happen here. Bermuda House of Assembly Mr. Jason Hayward: We shall not. And I am pleased that this Government saw it fitting to rename the second day of Cup Match Mary Prince Day. Thank you, …
The SpeakerThe SpeakerThank you, Honourable Member. Does any other . . . we rec ognise Minister Caines. Hon. Wayne Caines: If it please you, Mr. Speaker.
The SpeakerThe SpeakerIt does. Hon. Wayne Caines: Mr. Speaker, I just had a beautiful side conversation with Ms. Gordon- Pamplin. And we were just talking about our desire to talk about other things that are pressing matters to the country. And she said —and she is absolutely right —there are a number …
It does.
Hon. Wayne Caines: Mr. Speaker, I just had a beautiful side conversation with Ms. Gordon- Pamplin. And we were just talking about our desire to talk about other things that are pressing matters to the country. And she said —and she is absolutely right —there are a number of other things that are deeply important to our country that centre around the economy. People are concerned about a number of other things. But I think it is important that we— that I —just touch on why I think that this is significant —the history of Mary Prince, the naming of the second day of Cup Match and add a little texture to what I believe is a significant occurrence in the naming of this day . . . the renaming of the second day of Cup Match. The opportunity that we have to go in Berm uda, Mr. Speaker, when we drive or sojourn in Berm uda, we have the opportunity to look at the history of this country. You see Sir John King Street, Queen Street. You go to a hospital —King Edward VII Mem orial hospital. Or you go on the South Shore to have lunch and you have lunch at Henry VIII Restaurant. You are reminded that we are, indeed, living in a colony and that is a part of who we are, that is a part of our history. I listened to the MP of Anglo- Portuguese descent and he spoke of what we are doing in Bermuda and he spoke of the representation of our country denigrating the history of Sir George Somers. And I smiled to myself. He said that he was not a slave owner and he took great pride —he used that as a source of almost . . . he did not own slaves. But think of the people in this country that were enslaved. This was a man that had a place of prom inence. Did he advocate on behalf of people of colour? Was he known as an abolitionist? He was a part of the problem. He represented a system that made money off of the servitude of people of colour in this country and we cannot run away from that. How can we fix things that we do not confront? It is almost i nsane to justify on Cup Match to celebrate the emancipation of slavery one who participated, either directly or indirectly, in the beneficiary of the indirect benefit of people that were enslaved. We celebrate Cup Match weekend as an homage to people that were freed from bondage — from years of being beaten, of being forced to work in this country without any recompense, having their children and their children’s children work in this country without any money, being sold, being separated, being forced to pr ocreate. And this Government has had the fortitude to do something that has been put in our psyche to change that, to acknowledge someone who is signif icant to our culture. I laud the work of MP Famous. He has been a voice crying out. Some might not apprec iate that, but I, for one, do. And sometimes people will not agree with his modus operandi. But this is signif icant to the culture of our people. And at times . . . and I do agree that Sir George Somers has a place to play in the history of this country, and he should not be disregarded. But I do believe at this weekend we must highlight a consistent message for the people of this country that people of colour in this country should celebrate and have the opportunity to celebrate the struggle of people of colour, to enshrine it, to celebrate our heroes, icons, on that weekend and I believe that celebrating Mary Prince is a most fitting way to do so. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise Honourable Member Swan. Would you like to contribute to this debate, sir?
Mr. Hubert (Kim) SwanMr. Speaker, I, first of all, would like to start off by thanking the Honourable Mi nister for Community and Culture, the Member from St. David’s, a St. Georgian through and through, born and bred, the Honourable Lovitta Foggo, for bringing an important historical Bill to Parliament to recognise far …
Mr. Speaker, I, first of all, would like to start off by thanking the Honourable Mi nister for Community and Culture, the Member from St. David’s, a St. Georgian through and through, born and bred, the Honourable Lovitta Foggo, for bringing an important historical Bill to Parliament to recognise far more fully the contribution for Bermuda and globally of Mary Pr ince. And one would have thought that this Bill would have been brought forward and concluded very quickly. But the debate took a turn. The Honourable Member Mr. Moniz interjected and twisted the matter a little bit, and I think it is important that I off er som ething even further. Martin Luther King and others have said “truth crushed to the earth will rise again.” The Honourable Member Mr. Hayward put forward a very important proposition—
Mr. Hubert (Kim) Swan—an important truth in that as we are here celebrating Mary Prince. We do not know the magnitude of persons who contributed to her courage and where her courage came from. Many people died. Many people’s stories along the way have been untold. And whilst their stories have been 2994 …
—an important truth in that as we are here celebrating Mary Prince. We do not know the magnitude of persons who contributed to her courage and where her courage came from. Many people died. Many people’s stories along the way have been untold. And whilst their stories have been 2994 14 February 2020 Official Hansard Report
Bermuda House of Assembly untold, many untruths have become the reality for many people. And the significance of a piece of legislation today is more than just righting a wrong, it is actually setting the stage in a country where what the real truth is is no longer taboo. So that young historians (and not so young historians) can look with greater convi ction to uncover what really transcended. Mr. Moniz, when he rose to his feet, was quick to correct me, that I was speaking about Thomas Jefferson. I am sure he is far more up t o date on Amer ican history than I. And I acknowledge that to the Honourable and Learned Member. I called Andrew Jac kson. Andrew Jackson was also a President of the United States. He also owned slaves as did—
[Inaudible interjection]
Mr. Hubert (Kim) SwanNo, I did not say you did. I said you corrected that I mentioned an American President, and you spoke to the American President who was most known for owning slaves. I named one that I was familiar with. Maybe because in the current context with what is happening in …
No, I did not say you did. I said you corrected that I mentioned an American President, and you spoke to the American President who was most known for owning slaves. I named one that I was familiar with. Maybe because in the current context with what is happening in America Andrew Jackson’s name has come up more times than not. But in checking I made sure that he was amongst those early Presidents —some 13 of them — who owned slaves, having left Britain. Not him necessarily, but the whole movement to get to America came from Britain. So, they went to establish a new way of life and they started it on the backs of Africans who were transported unceremoniously, most undign ified, across the Atlantic. And whilst we point out the American Pres idents . . . and the Honourable Member was quick to castigate my colleague, the Honourable Member F amous, at the same time that Mr. Famous was referring to when Bermuda was discovered on that fateful hurricane that is celebrated in the great town of St. George’s, kings and queens of England also were the greatest beneficiaries globally of the slave trade. [Inaudible interjection]
Mr. Hubert (Kim) E. SwanWhich is why, then, when in the modern context when the Progressive Labour Party brought forward a Bill to look at land grabs in the country and it was turned down by the current Governor of Bermuda that would have currency. Because to do so would see the connection of …
Which is why, then, when in the modern context when the Progressive Labour Party brought forward a Bill to look at land grabs in the country and it was turned down by the current Governor of Bermuda that would have currency. Because to do so would see the connection of past Governors and the Crown from England for which they serve pr otecting an untruth that became the real ity. And what does that speak to in the real context of the world? White privilege. White privilege is what allows a person to celebrate what is wrong as being right. That is what white privilege is. And before anybody says so, I am a man, Mr. Speaker, w ho is not afraid to celebrate that my great -grandfather was “Ike” Isaac McKinley Hall who came from Ireland. And my other great -grandfather was a . . . great -grandmother was a Ratteray from Somerset, with that long history. And my grandfather was John Anderson, a fisherman/farmer. And my other grandfather was Eldon Swan who came from the Ratteray’s. At some point in time I am looking for whites in this country and globally to want the truth to put an end to white privilege as much as me as a young black man. And until that happens in Bermuda we are still going to have white privilege as the way of life in this country. I do not want that for my young Zindzi . I do not want that for the Honourable Member’s son anymore then I want it for any of your children o r grandchildren. But it is a truth. And until we are pr epared to accept the truth for what it truly is and put an end to white privilege . . . the will for this Government to be able to tackle this subject empowers educators and historians to be able to look back. I have been travelling recently . . . on an el evator people were making no way in my presence to make sly comments about Meghan and Harry. I have been around long enough not to take it on in that co ntext, but I understand having been trained in th e South to know exactly where they were going, because they feel empowered. Look at what is happening globally, look at the trend of leadership that is leading the word today. It is riding the crest of white privilege. And until we have whites in this country prepared to stand up for their black brothers in this country it will long allow people to come here and benefit from white privilege practiced at its best. [It] is practiced at its best in Bermuda economically, socially. As a man who is not afraid to give credit to the whites that helped me get ahead in this life . . . I love them. But I am looking for one to stand up for what I have told them to their face —we need you to stand up to fight against white privilege. Because it is hurting young blacks, it is hurting our community, it is hurting the world. You are seeing it. I would hate to be a young black man the way I was back 45 years ago travelling in America and places today. It is fearful, far more fearful that I was walking through those same lands in the 70s being a pioneer that I was, in a field where I was the only one. In Bermuda we need to accept that the white privilege is enabled by blacks as well, sometimes more so. And I am here to say that the one thing that I have come to appreciate is that we blacks across the board are far more fair -minded people. I am looking for some of my white cousins to become a little bit more socially conscious and sensitive to what the real experience was. Not this —look, I have got black friends too —no! Understand and appreciate that the playing field is tilted and that you can stand 10 steps from the finish line simply because. And so, this Bill today is far -reaching. It became very poignant by some comments made by the Honourable Member. I have been around long enough to know that, Mr. Speaker, this issue, as many people
Bermuda House of Assembly have grown old and aged are saying, I found it here . . . and it’s going to be here. But I am looking for the modern- day white Mary Princes to stand up. Yes, I am because racial justice is colour blind, you know. And I am looking for that because that is what this world needs, that is what this country . . . this country could be a leader for the world if we had some of them stand up and recognise that many have rode the wave, the crest . . . and if you look at the wave and look at the crest, the crest of the wave if you are sur fing or whatever is white. They are riding the crest of white privilege, which is basically a lie. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Mem ber . . . Mr. Famous. Mr. Famous, would you like to add a few words to this debate?
Mr. Christopher FamousGood afternoon, colleagues on both sides and most importantly, good afternoon to the people of Bermuda. Mr. Speaker, I just came from a funeral for one of our finest Devonshire constituents. And I asked my colleagues, Hold the fort for me until I get back. And in the midst of …
Good afternoon, colleagues on both sides and most importantly, good afternoon to the people of Bermuda. Mr. Speaker, I just came from a funeral for one of our finest Devonshire constituents. And I asked my colleagues, Hold the fort for me until I get back. And in the midst of my absence it seems someone tried to malign me. But it is all right, Mr. Speaker, b ecause you know what, Mr. Speaker? A year ago you asked me for some proof of my claims because two years ago I stood in the House —our House, the house buil t by slaves —and I quoted something. Allow me to quote it again, please, Mr. Speaker.
Mr. Christopher Famous“Long before either was knighted for seagoing exploits in England’s service, George Somers and his friend Amyas Pres ton were professional privateers. ” Anyone know what “privateers” means? [Inaudible interjection]
Mr. Christopher FamousThat means the Crown gave you a licence to be a pirate. They killed, they stole, they enslaved. Let me continue: “ They were among hu ndreds ” (Hundreds!) “of Englishmen of that day who became involved in the privateering/pirate business because of its promise of adventure, glory and quick, …
That means the Crown gave you a licence to be a pirate. They killed, they stole, they enslaved. Let me continue: “ They were among hu ndreds ” (Hundreds!) “of Englishmen of that day who became involved in the privateering/pirate business because of its promise of adventure, glory and quick, substantial profit. ” Anything sound familiar? “Quick, substantial profits.” And I do not mean “pr ophets” like Bob Marley. “They set off across the Atlantic, bound for the West Indies ” (West Indies, you know , Caribbean) “ arriving off Dominica in May. After a rest, they sailed southwest towards South America, arriving at a little group of three islands just off the coast of Venezuela, called Isla Margarita, Coche and Cubagua. Venezu elan Indians dove for pearls there. The raiders ” (the raiders, and I do not mean the football team either) “the raiders managed to capture a few Spaniards and their slaves at Coche” —
Mr. Christopher FamousOkay. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: Mr. Speaker, the Honourable Member is trying very hard to mislead the House. I read all of the stuff that he has read. None of it ever indicates that Sir George was a slave owner, just that he was a privateer.
Mr. Christopher FamousLook, it said he captured slaves. What does “captured slaves” mean? [Inaudible inter jection]
Mr. Christopher FamousOkay. “The raiders managed to capture a few Spa niards and their slaves at Coche then headed across to Cumana, a town on the Venezuelan coast. In the morning, they burnt ” (B-U-R-N-T, that means set afire, arson) “ Caracas an d some surrounding settlements to the ground” (They burnt …
Okay. “The raiders managed to capture a few Spa niards and their slaves at Coche then headed across to Cumana, a town on the Venezuelan coast. In the morning, they burnt ” (B-U-R-N-T, that means set afire, arson) “ Caracas an d some surrounding settlements to the ground” (They burnt it to the ground!) “ as they had threatened. Taking whatever they could, they marched back to their ships and set sail for England. Preston and Somers ” (that would be George Somers) “arrived in September 1595, after six months at sea.” You see, Mr. Speaker? I do not just make things up. That was written . . . let me say where I am quoting it from, Bermudian Magazine , [July] 2013, written by Gavin Shorto. Does he not sound like a friend of the PLP?
An. Hon. Member: Yes, he does.
Mr. Christopher FamousNo, he is not. He actually used to write for the UBP. 2996 14 February 2020 Official Hansard Report Bermuda House of Assembly An. Hon. Member: He wrote for you, too.
Mr. Christ opher FamousNo, he did not. No, he did not. No, he did not. So, my point is this historical account was written by someone who is not a PLP supporter, who is an OBA/UBP supporter and it was never . . . never challenged until now. [Inaudible interjectio n]
Mr. Christopher FamousNobody challenged it. Mr. Speaker, Columbus never discovered America and Somers never discovered Bermuda, okay? Somers was on his way to Virginia to do what? Colonise land owned by Native Americans and he got shipwrecked here. He did not find Bermuda. He got shipwrecked here. And after he built another …
Nobody challenged it. Mr. Speaker, Columbus never discovered America and Somers never discovered Bermuda, okay? Somers was on his way to Virginia to do what? Colonise land owned by Native Americans and he got shipwrecked here. He did not find Bermuda. He got shipwrecked here. And after he built another ship he went on to Virginia and came back here and died. So, what did he do? What did he really do? That is just the luck of the oars that you got shipwrecked in Bermuda. Fifty mi les south he would have drowned. So, Mr. Speaker, with that being said, how do we reconcile including someone who was a pirate, a man who captured slaves, captured Spaniards, burnt —B-U-R-N-T—arsoned down a whole city, and say he is our founding father? I n the midst of our emancipation celebrations? There is no reconciliation for that. You see, Mr. Speaker, sometimes you have got to walk down a road that is lonely. As long as you know it is right, it might be lonely. Two years ago I stood up in your House and I said there is no way I would ever, ever, praise Somers during our emancipation celebration. At that time, people looked at me . . . What are you saying? What are you doing? Why are you talking bad about Somers? It took a while for people to understand. You asked me for proof, I pr ovided the proof.
[Inaudible interjections ]
Mr. Christopher FamousMr. Speaker, I asked two years ago for Somers to be removed from Cup Match. And, as Ministers know, the wheels of bureaucracy move slowly. I wanted it re moved at that Cup Match. It was not going to happen. I wanted it removed the next Cup Match; it was …
Mr. Speaker, I asked two years ago for Somers to be removed from Cup Match. And, as Ministers know, the wheels of bureaucracy move slowly. I wanted it re moved at that Cup Match. It was not going to happen. I wanted it removed the next Cup Match; it was not going to happen. But the wheels were in motion. Why? Successive Ministers, starting with Minister Weeks, who then passed the baton to Minister Foggo . . . it took time to educate people. I want to take a moment to thank my brother, Rolfe Commissiong, because he helped to put in m otion that we start to praise a true hero, Mary Prince, born in Devonshire. Now, let us move on from Somers because we have al ready established he is not worth talking about. Hon. Trevor G. Moniz: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: With all due respect, the Ho nourable Member is misleading the House becaus e in the Royal Gazette article of January 17, 2019 it was that same Member, Mr. Famous, who said “ I’m not going to denigrate George …
Point of order.
POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: With all due respect, the Ho nourable Member is misleading the House becaus e in the Royal Gazette article of January 17, 2019 it was that same Member, Mr. Famous, who said “ I’m not going to denigrate George Somers ” . . . I’m not going to denigrate him. He is the one who said it; not me. And the other thing he said was, “ He said h e had no objection to Somers Day being moved to July 28. ” So, he was the one who suggested it. He is acting as if I suggested it. He suggested it, not me.
Mr. Christopher FamousTell you what, tell you what, move George Somers to Fe bruary 29 th, how about we do that? George Somers is not worth talking about because he was a rapist, a murderer and a pirate.
An Hon. Member An Hon. MemberYou changed your mind. [Inaudible interjections ]
The SpeakerThe SpeakerThat way you will not get distracted.
Mr. Christopher FamousLet us talk about a true hero, Mary Prince. That is a name you are going to keep hearing. Mr. Speaker, Psalms 118:22 says that t he stone that the builders refused shall become the head cornerstone. Mr. Speaker, some 200 years ago people that looked like me were put …
Let us talk about a true hero, Mary Prince. That is a name you are going to keep hearing. Mr. Speaker, Psalms 118:22 says that t he stone that the builders refused shall become the head cornerstone. Mr. Speaker, some 200 years ago people that looked like me were put on ships by people looking like somebody else. And that was an ongoing enter-prise. And for centuries it went on . . . different Eur opean nations, starting with Portugal, then France, then Spain, then Denmark, then England—multiple Eur opean nations took part in this enterprise. Mary Prince was born in Devonshire. Her f ather was owned by David Trimmingham. Do you know that name Trimmingham?
[Inaudible interjection]
Bermuda House of Assembly Mr. Christopher Famous: Yes, okay. And what was that store’s symbol? A ship. She was owned by Mr. Ingham . . . Trimmingham, Ingham, you see a correlation, right? She witnessed her friends being beaten to death in Bermuda. Mr. Speaker, there is an island to the south of us called Turks and Caicos. Turks and Caicos was colonised by Bermudian slave owners. They took their slaves from Bermuda, went south, and forced them to rake salt. Mary Prince was one of those slaves after she slaved up here they were taken down to Turks and Caicos and slaved some more. If anything, we could be credited as a country for founding the slave trade in T urks and Caicos. She then went to Antigua. So here is a woman, born in Devonshire, witnessed slavery in Berm uda, Turks and Caicos and Antigua. Later in her life she went —as a slave —to England. And there she met the abolitionist, Mr. Thomas Pringle. (I do not know if he was Pringle chips.) Mr. Thomas Pringle encour-aged her to tell her story. Someone wrote it down. And that story of all the harrowing tales of slavery in the Caribbean helped to bolster the movement for the abolition of slavery. I will go ba ck to that quote, The stone that the builders refused . . . This young little black girl from Devonshire, beaten, enslaved on many islands, e nslaved in England, told her story to help to galvanise what we call emancipation, which really was not full emanci pation. But my point, Mr. Speaker, [is that] we have the scales here. On one end we have someone who is a pirate, burnt down a country . . . a city, captured slaves and all that for quick, substantial profit on his way to Virginia to take more land from N ative Amer ican Indians, the Algonquin tribe to be precise, they were the tribe around Jamestown. Mr. Speaker, on the other hand we have this young lady who helped to put the wheels in motion for the abolishment of slavery in the British Caribbean. So, I a sk you all, let us look at that scale. Who deserves to be named during emancipation? It is pre tty simple to me, Mr. Speaker.
Mr. Christopher FamousAnd over the course of time, again, through the help of the Ministry, the D epartment of Community and Cultural Affairs, who put on various events to educate people about Mary Prince, it has become now the fact that people know this is one of our people. This woman is …
And over the course of time, again, through the help of the Ministry, the D epartment of Community and Cultural Affairs, who put on various events to educate people about Mary Prince, it has become now the fact that people know this is one of our people. This woman is an interna-tional heroine. So, Mr. Speaker , I thank my colleagues, first and foremost, for taking the time to understand what I was trying to say two years ago. It is not just my story. It is our story. It is the story of our country. It is the story of the Caribbean. I thank the Ministry. I thank the Minister. I thank CURB. I even thank the OBA because, guess what, the OBA Leader, Mr. Craig Cannonier, said he had no problem changing the name from Somers [Day] to Mary Prince Day. He took some licks online, so I thank him. Thank you, Mr. Craig Cannonier.
Mr. Christopher FamousI thank Titan Bus Tours because they have been taking people around to ed ucate people about, not just Mary Prince, but Sally Bassett, and others. I thank Dame Jennifer Smith who spoke out. And I thank the Honourable Mr. John Barritt who said he had no problem with it …
I thank Titan Bus Tours because they have been taking people around to ed ucate people about, not just Mary Prince, but Sally Bassett, and others. I thank Dame Jennifer Smith who spoke out. And I thank the Honourable Mr. John Barritt who said he had no problem with it being [r enamed]. So, Mr. Speaker, I am going to take my seat because, as elected officials, there are some things that you are going to take on as a personal cause, no matter if it cost you your seat, if it cost you your name, but there is no way as an elected official from Devonshire I was ever going to let George Somer’s name take more precedence than Mary Prince’s name. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Honourable Member GordonPamplin. You have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, this Public Holidays Amendment Act, to which we are referring today, warms my heart to have had the opportunity to listen to the contrib utions …
Thank you, Honourable Member. I recognise the Honourable Member GordonPamplin. You have the floor.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, this Public Holidays Amendment Act, to which we are referring today, warms my heart to have had the opportunity to listen to the contrib utions that have been made thus far in which we have witnessed the holding up in admiration, the reverence and the esteem for Mary Prince in her rightful place in an environment in which women in this Honourable House have historically been vil ified. They have been disrespected. They have been the subject of misog yny. So, to be able to hear mostly men—the only f emale that we have heard thus far has been the Mini ster who presented —but to be able to hear these men say in their presentations today that ladies, women, you are worth the respect. Now, none of us has suffered the indignities that Mary Prince had to suffer. And we will now have her name as part of our emancipation celebrations. But it certainly gives us —gives me—a warm feeling to know th at that level of misogyny has been set aside, what we have become accustomed to. Certainly I, as a Member of this Honourable House, have been vil ified, torn, almost tarred and feathered at the hands of some of the gentlemen who have spoken, to the ex-tent t hat you wonder what women bring to the equation. 2998 14 February 2020 Official Hansard Report B ermuda House of Assembly So, to hear it being acknowledged and reco gnised gives me a very, very, warm feeling, Mr. Speaker. And for that I am appreciative. Mr. Speaker, I also wish to speak to the other part of the Bill — The Speake r: Mm-hmm. Hon. Patricia J. Gordon -Pamplin: —because I believe that all that needs to have been said, the history lessons, we have heard them and they have been articulated well. But I would like to speak to the other part of this Bill, which speaks to the changing of the nomen-clature with respect to Bermuda Day. I can recall, Mr. Speaker, a couple years ago when this was first brought up, that a former Senator, Andrew Simons, in the House of Assembly [sic] brought up the very wor ding that has been included in this Bill —
The SpeakerThe SpeakerIn the Senate. Hon. Patricia J. Gordon -Pamplin: In the Senate.
The SpeakerThe SpeakerIn the Senate; not in the House of Assembly. Hon. Patricia J. Gordon -Pamplin: Asking for an amendment to be made so that Bermuda Day would be cel ebrated on the Friday before the last Monday in May, which avoided any conflict with whether it was going to be on …
In the Senate; not in the House of Assembly. Hon. Patricia J. Gordon -Pamplin: Asking for an amendment to be made so that Bermuda Day would be cel ebrated on the Friday before the last Monday in May, which avoided any conflict with whether it was going to be on the 24 th of May, the 31st of May, whatever the date may be. And it was soundly rejected. So, herein lies the hypocrisy of politics! The Spe aker: Everything in its own time. Hon. Patricia J. Gordon -Pamplin: Everything in its own time. The hypocrisy —
Mr. W. Lawrence ScottPoint of order, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: —of politics, Mr. Speaker. POINT OF ORDER [Misleading]
Mr. W. Lawrence S cottI t hink t he Member i s uni ntentionally t rying t o mislead the House, b ecause I do remember that it was MP Michael Weeks that brought up that p oint pr ior to the Senator br inging i t up. S o I think that MP …
I t hink t he Member i s uni ntentionally t rying t o mislead the House, b ecause I do remember that it was MP Michael Weeks that brought up that p oint pr ior to the Senator br inging i t up. S o I think that MP Michael Weeks should be given that credit. Hon. Patricia J. Gordon-P amplin: No, I think that was a nice try. And it is okay to be partisan with things, but I think that fact has to take precedence. And what happened was MP Weeks wanted the Bill to be listed and to be read as it presently ex-i sts. Because it was determined at the time that there could conceivably be a conflict with the dates, Senator Simons brought it up. And I am going to give him credit because he no longer sits in that place. But I think there are times when vision and f oresight have to be credited. And it is . . . at the time that he brought a recommendation for an amendment it was soundly rejected. So, to now see this Bill acknowledging—
The SpeakerThe SpeakerGood afternoon, Mr. Weeks. Would you like to add a few comments? POINT OF ORDER [Mislea ding]
Mr. Michael A. WeeksI am . . . Yes, misleading the House, Mr. Speaker. As a lot of my colleagues were here, they will understand. As a matter of fact, I have been touting this here before a lot of my colleagues that sit here now were here. When I brought up the …
I am . . . Yes, misleading the House, Mr. Speaker. As a lot of my colleagues were here, they will understand. As a matter of fact, I have been touting this here before a lot of my colleagues that sit here now were here. When I brought up the Public Holidays Amendment Act, I am almost certain to say that that Senator that was mentioned was not even in the Senate. [ Inaudible interjection]
Mr. Michael A. WeeksHe was not even in the Senate when I first brought up changing Bermuda Day to the Friday before the last Monday in May.
The SpeakerThe SpeakerThank you, Honourable Member.
Mr. Michael A. WeeksThank you, Mr. Speaker. Hon. Patricia J. Gordon- Pamplin: Let me say that when the legislation— [ Inaudible interjection] Hon. Patricia J. Gordon- Pamplin: I do not apologise because I am not saying that the former Honourable Minister Weeks did not bring up the idea. He spoke of it incessantly, …
Thank you, Mr. Speaker. Hon. Patricia J. Gordon- Pamplin: Let me say that when the legislation— [ Inaudible interjection] Hon. Patricia J. Gordon- Pamplin: I do not apologise because I am not saying that the former Honourable Minister Weeks did not bring up the idea. He spoke of it incessantly, that he wanted Bermuda Day to be changed to a Friday. There is no question about that.
Bermuda House of Assembly [Inaudi ble interjections and laughter ]
Hon. Patricia J. Gordon -Pamplin: But when the legislation came to the House and was supported in the House and went down to the Senate and was brought up in the Senate by the then Senator Simons to change the actual wording . . . if this was such . . . if this was such a passion . . . if the former Honourable Minister got it right, we would not be making an amendment today, because it would have been put right from the beginning. It was not. It was not put right from the beginning. It was worded as it presently exists in legislation and the present wording is now being changed so that it could be recognised in an appropriate way so that we do not have the calendar challenge of when the day actually should arise. So, I just wanted to thank the Minister for acknowledging the fact that when this information was brought forward and the recommendation was made in the Senate, in furtherance of the former Minister Week’s presentation that he wanted the holiday to be on the Friday ( because many people objected for various reasons), and how it ended up . . . how the Bill ended up and ultimately ended up into law is the way it now reads. So, because of the way it now reads and because of the rejection of the Senator’s recommendation, w e are now in the situation where we are changing it to be able to conform with what is practical and what is preferred. So, I want to thank the Minister for making the change. I thank Minister Foggo for making the change to the deficiency that existed wit h the wording as it went down prior. So, Minister Foggo is the one who is now making this change. Clearly, she needs to have the credit because the legislation as it existed was all wrong and now we have put it right. Thank you, Mr. Speaker. Weeks could not do it.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Honourable Member Simmons, are you standing to add a contribution to this debate?
The SpeakerThe SpeakerGood. Contribute right along.
Mr. Scott SimmonsMr. Speaker, I rise in this Honourable House this week, certainly, to debate the Pub-lic Holidays Amendment Act as it relates to this parti cular matter. Mr. Speaker, I do have to say that that was a rather creative approach by the Member of the Opposition, the former Minister. She …
Mr. Speaker, I rise in this Honourable House this week, certainly, to debate the Pub-lic Holidays Amendment Act as it relates to this parti cular matter. Mr. Speaker, I do have to say that that was a rather creative approach by the Member of the Opposition, the former Minister. She cleaned it up and we appreciate her for doing so. There is a lot of credit that can be given on this side of this Honourable House and certainly credit can be given on that side of the House. But before we proceed we should certainly thank the Minister for bringing this to this House t oday, [thank] the support staff in the form of the Permanent Secretary and those others who have i nvolved themselves, and the director s in working and making sure that we address this matter in the right and proper fashion. Mr. Speaker, as it relates to this particular holiday, I confess that when we first started to discuss this matter in caucus and to have the overall discussions on t his I kind of felt that, in my humble opinion, that we needed to do more for Mary Prince and more for those in our collective history, especially our co llective black history. I felt that we should do more. But when it was introduced that we should change the day from it being Somers Day on those two days just before . . . or that encompasses the holiday, I did give pause. So, I stopped, Mr. Speaker, and had a long read of the journals as they relate to the plight of Mary Prince. And Mr. Speaker, I had not had the opportunity of reading it before, and I would encourage those within this House and those throughout Bermuda to take the time out and read the relationship, and read her quest, and read what she went through as one of us in a society that can be at times kind, but can be at other times unkind. So, Mr. Speaker, when we debated this is caucus and when we talked about this, I was in full support of us changing the holiday, renaming it, and giving it its proper airing so that it could, as the Honourable Member Mr. Commissiong, and Honourable Member Mr. Hayward have brought out, finally give us an opportunity . . . and the Honourable Member Mr. Famous has stated it. It gives us an opportunity to be able to stop and to mark the significance of the tim e, the significance of the contributions —both positive and negative at the time—but to also take out the time to see it for exactly what it was. And then to highlight it in our community so that we do not forget, so that we do not gloss it over, and that w e create an opportunity for our young people, as Honourable Members have stated, that we can at the very least make certain that we have brought to our young people an opportunity to understand the history and to understand where we are as a people. Mr. S peaker, this is a significant time in our history. We have an opportunity to begin to reshape how we see ourselves in Bermuda and how we begin to understand each and every society in Bermuda, assign the respect to each and every society in Bermuda, and then begin the process of accepting that we can move forward together. Mr. Speaker, there is no disrespect offered by this Honourable Government in placing and renaming this particular holiday and giving the right recognition to someone as significant in thi s history. I certainly 3000 14 February 2020 Official Hansard Report
Bermuda House of Assembly saw it as no disrespect to Sir George as it relates to his magnificent trek and then his assailing himself on the rocks in the East End. What better place to assail your ship than the beautiful East Shore? It should not be confused, of course, with the superiority of the West.
Mr. Scott SimmonsBut Mr. Speaker, I just want to make clear that we need to have this discussion. I recognise that it is an uncomfortable subject. When this was first intr oduced some time ago there were those throughout Bermuda who felt uncomfortable about this very matter. It is a serious matter. …
But Mr. Speaker, I just want to make clear that we need to have this discussion. I recognise that it is an uncomfortable subject. When this was first intr oduced some time ago there were those throughout Bermuda who felt uncomfortable about this very matter. It is a serious matter. There were attempts earlier on to raise the heroism of Sir George. I think it is enough to say that if anybody is prepared to pi le together a wooden boat with cloth on its top and tar to its bottom and sail across the Atlantic, I think that is heroic status, without even acknowledging that it was on the rocks. But I will say this, Mr. Speaker, it cannot be diminished on the fact of the situation and the circumstances of just how all of this took place. Mr. Speaker, if we had not already reco gnised, the present Government has decided that we, along with previous Governments, to begin this pr ocess of making sure that we highlight and that we bring to the public conscience the issues and certainly the history that is of importance. Mr. Speaker, this, I mention, is an uncomfor table subject. It is a subject that we have to address . There are those throughout our community who do not like it because there are those in our community who would rather we not remember. They would r ather we not reflect on what took place in the past. They would want us to spend far more time on balancing the budget, ensuring that more tourists are here, making sure that health care and immigration . . these issues are dealt with, without having to bother to recognise that the reason why we are in the place that we are in our society in Bermuda is primarily because we have refused to address these very issues lik e the Mary Prince public holiday. This Government has decided to forcefully — forcefully, uncomfortably —encourage our community to see us for who we are, our place where we are, and to acknowledge that we have a past, sometimes a sordid past, and address th at and deal with it. Therefore, Mr. Speaker, I believe— and I believe strongly —that this could be . . . I recognise the comments in the daily in their daily blogs and all the rest. And as you speak to some . . . and I have heard some comments in this House that there appear to be those that do not wish for us to even begin the pr ocess of embracing just who we are as a society, acknowledging all of our past, but also acknowledging that we have a responsibility to assist those who exist today who have ended up in the circumstances that they are in not by their own doing, but by circumstances of the past. We need to embrace that. This Government believes, and believes strongly, that we must acknowledge that past. We must create an environment in this country where we move everyone forward together. That has not been easy. No one wants to remember that there are fam ilies in this country who have benefitted, and continue to benefit, from just that system. When it is brought up it is uncomfortable, we do not like it , we hate it. Mr. Speaker, we have to have a serious and honest conversation in this country about where we want to be as a country. Because we will not prosper as long as we divide. In this Honourable House we should see this simply as an opportunity for us. Seize it as an opportunity to have a frank discussion on where we are and move forward together. Mr. Speaker, I believe that we can address the racial issues in this country. We must continue to rename. We must continue to be (how shall we say) . . . as the Honourable Member of the Opposition says, we need to be fair. I believe I am paraphrasing, I think she used the word “fair.” That we need to be fair in assigning . . . I believe the Honourable Member Mr. Moniz made it clear, that we need to be more f air and that we need to assign another day for this and make it available so that we can celebrate everyone in our history. But Mr. Speaker, I will almost conclude on this note: That is going to be a difficult proposition. As long as there are individuals in society in Bermuda who feel as though they are not being given a fair shot, as long as they are not being given a reasonable opportunity to prosper in Bermuda, such propositions will never occur. They will never meet the light of day as long as there ar e individuals who feel left behind. A 25/11 majority is a tough one. We have a lot to do. We have a responsibility as a Government to move and move now, to do the things that the people of Bermuda have asked us to do. I recognise this is just a small, very significant . . . and I say “small” meaning it is a public holiday. It is grand in the fact that it embraces a whole entire era and brings it for-ward, yes. But there is a lot more that we have to do in recognition of everyone who has contributed in their own special way. I believe that we can create an environment in this country where our young people feel as though we are respecting, those who are aged feel as though we are respecting the things of the past. It is i mportant. Mr. Speaker, I thank you for this moment. I support the Minister entirely. As I mentioned before, I thank the permanent structure for the time that they have put into it. And Mr. Speaker, it is my hope that we can see this for the encouragement that it is, that we can work together in the way that we do, and that we can move forward together. This is a brilliant stroke and
Bermuda House of Assembly we must continue our magnificent trek towards bettering Bermuda and bringing us all forward together.
The SpeakerThe SpeakerThank you, Honourable Member. Minister De Silva, you are rising to add a co ntribution? Hon. Zane J. S. De Silva: Yes, I am, Mr. Speaker. Thank you very much. Mr. Speaker, let me first thank my colleague, Chris Famous, who first called for the removal of George Somers from …
Thank you, Honourable Member. Minister De Silva, you are rising to add a co ntribution?
Hon. Zane J. S. De Silva: Yes, I am, Mr. Speaker. Thank you very much. Mr. Speaker, let me first thank my colleague, Chris Famous, who first called for the removal of George Somers from this very special weekend ho liday. Let me also thank my other colleague, Rolfe Commissiong, who first suggested we call it “Mary Prince Day,” Mr. Speaker. And let me thank my other colleague, Minister Lovitta Foggo, who put it all t ogether and brought it to this Honourable House. Mr. Speaker, we all heard the comments from the Honourable Member Trevor Moniz today.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: And for him to, in my words, try to defend George Somers and what he stood for was quite frankly very, very, disappointing, indeed. When the interpolations from this side were given with regard to him being a slave owner as well as …
Yes.
Hon. Zane J. S. De Silva: And for him to, in my words, try to defend George Somers and what he stood for was quite frankly very, very, disappointing, indeed. When the interpolations from this side were given with regard to him being a slave owner as well as some of the other wicked things that he did during that time, and him saying to one of my colleagues, Well, you know, he was not a slave owner, there were not any records at the time, nobody knew, you cannot prove that. But then, in the very next breath, he says George Somers endured a three- day hurricane. Well, how does he know that? So, we did not have any record keeping at that time— Hon. Trevor G. Moniz: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. Hon. Trevor G. Moniz: The Honourable Member is misleading the House. It is probably on purpose, but I did say —
The SpeakerThe SpeakerWell, it is not on purpose. Everybody has their own viewpoint. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: Well, he said that I said that there were no records of slave owners. I did not say there were no records. I said that there was no ev idence that …
Well, it is not on purpose. Everybody has their own viewpoint.
POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: Well, he said that I said that there were no records of slave owners. I did not say there were no records. I said that there was no ev idence that George Somers was ever a slave owner. And just for the correction, they are talking about slavery in Bermuda. He died before there was slavery. He died in 1610. The shipwreck in Bermuda was 1609. November 1610 he was dead. There were no slaves here. It was not properly settled.
Hon. Zane J. S. De Silva: I tell you what, Mr. Speaker, we can agree to disagree. But transporting slaves is transporting slaves, and I will stick to that. But Mr. Speaker, more important than that is for that Honourable Member, Mr. Moniz, who is light - skinned and has Portuguese descent running through his veins, to turn this historic day and what should be a celebration, and for him to emphasise George Som-ers and celebrating him is not only disappointing, quite frankly, it is disgusting.
Hon. Trevor G. Moniz: Point of order, Mr. Speaker . Point of order.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: Everyone will clearly reme mber—and Hansard will show —that I started off saying that we on this side and I fully support the recognition of Mary Prince. So, to say otherwise is completely false and misleading this House. Now …
The SpeakerThe SpeakerYou did indicate that you supported it, yes. Hon. Trevor G. Moniz: —was to quote Mr. Famous. So, if he has a problem with what I said, quoting Mr. Famous, who said that Sir George Somers should be recognised, he should take it up with his colleague, Christopher Famous.
The SpeakerThe SpeakerIt is all in context. Hon. Zane J. S. De Silva: Thank you. Thank you very much, Mr. Speaker. See, it is obviously obviou s that a nerve has been struck, because, yes, the Honourable Member did start off by saying this is very nice , and, you know, we …
It is all in context.
Hon. Zane J. S. De Silva: Thank you. Thank you very much, Mr. Speaker. See, it is obviously obviou s that a nerve has been struck, because, yes, the Honourable Member did start off by saying this is very nice , and, you know, we on this side support it . But he spent the next 19 minutes talking about George Somers. That is my point. Or flogging my colleague, Chris Famous, who, quite frankly, if he made a statement one month and changed it six months later, so what? Who . . . who changes their mind more than those who sit on that side of the House? Every month they seem to be changing something.
The SpeakerThe SpeakerWell, well, well, just . . . you are on a good vein, stay on your good vein. Do not get sidetracked. Hon. Zane J. S. De Silva: So, Mr. Speaker — 3002 14 February 2020 Official Hansard Report Bermuda House of Assembly The Speaker: Do not drift off. Hon. …
The SpeakerThe SpeakerDo not drift of f. Hon. Zane J. S. De Silva: So, Mr. Speaker, as I was saying, this is a very historic day, and one in which we should be celebrating. And for the Honourable Member Trevor Moniz to carry on for 18 or 19 minutes as he did …
Do not drift of f. Hon. Zane J. S. De Silva: So, Mr. Speaker, as I was saying, this is a very historic day, and one in which we should be celebrating. And for the Honourable Member Trevor Moniz to carry on for 18 or 19 minutes as he did . . . quite frankly, I think it was disrespectful to the black people of this country. Disrespectful, indeed. I sat here and listened to it, and he can say come on all he likes, Mr. Speaker. That is what it sounded like. I would suggest that Member listen to Ha nsard later and he can hear it. But you know what? Like my colleague Kim Swan talked about, white privilege is what you are hearing from that side . . . from that particular Member. It is called white privilege.
[Inaudible interjections ]
Hon. Zane J. S. De Silva: So, Mr. Speaker, l et me say this. I am also of Portuguese descent. And what I would have expected that Honourable Member to do—that Honourable and Learned Member to do— is offer the people of this country an apology for our descendants who were some of the brainchildren of slavery in this world. And I will apologise on behalf of my descendants [sic], Mr. Speaker.
The SpeakerThe SpeakerYour ancestors . . . ancestors. Hon. Zane J. S. De Silva: Ances tors, I mean. Yes, that is true, because that is where it started. And that is what I w ould have expected the Honourable Member Trevor Moniz to say, but no. [Inaudible interjection] Hon. Zane J. S. …
Your ancestors . . . ancestors. Hon. Zane J. S. De Silva: Ances tors, I mean. Yes, that is true, because that is where it started. And that is what I w ould have expected the Honourable Member Trevor Moniz to say, but no.
[Inaudible interjection]
Hon. Zane J. S. De Silva: Little much, indeed . . . obviously . . . clearly . . . clearly. So Mr. Speaker, let me end on this note. What I would do is encour age my Minister who brought this change to the House today, and also my other colleague the Minister of Education, to make sure not only this very important change in legislation, but also all our other history is given and passed on to our children as muc h as we can because that is very i mportant. It is very important. And I am glad to hear my Minister Lovitta Foggo say that that is the plan because that is important. And she . . . I am sure when she wraps up she will give a little bit of context to that. So Mr. Speaker, I would like to, again, thank Chris Famous, Rolfe Commissiong, and the Minister for bringing this very important Bill that is going to change forever the history of this country. Thank you very much.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish . . . Honourable Member from constituency 28 would you like to add to this debate?
Mr. Dennis Lister IIIYes. Good afternoon, Mr. Speaker, Members of the House and the listening public. Much has been said already on this debate —
Mr. Dennis Lister IIIBut I do stand in support of the Minister. I stand in support of changing the name of the public holiday from Sir George Somers Day to Mary Prince Day. And I also stand in support of clearing up the confusion with the 24 th of May holiday so that …
But I do stand in support of the Minister. I stand in support of changing the name of the public holiday from Sir George Somers Day to Mary Prince Day. And I also stand in support of clearing up the confusion with the 24 th of May holiday so that we know every year that it is a set date going forward. But I also just want to add some other comments, and I just hope that the changing of the holiday to Mary Prince Day is just one small step in going forward in Bermuda. In our educational system there is a big gap, because we do not learn about our Bermudi-an black history. I can sit in school and we can quote off th e names of Martin Luther King, Malcolm X, many overseas historical legends, or people of value, that we can name. But in Bermuda we do not know about our history. So what I implore or encourage for the Ministry —not just the Minister of [Labour, Community Affairs] and Sports but the Education Ministry —is to look at incorporating our black Bermuda history into our school system. And as the youngest Member in this building, and probably the most recent out of high school, we did not learn about that in high s chool. We learned about everything else— world history, American hist ory, British history. But we did not learn about Bermuda history.
[Inaudible interjections ]
Mr. Dennis Lister IIIBut we did not learn about Bermuda history, Mr. Speaker. So, I just w ant to make sure and to go on to add to some of the comments that the previous speaker before me said, we have to learn about our history to know where we are going. So, …
But we did not learn about Bermuda history, Mr. Speaker. So, I just w ant to make sure and to go on to add to some of the comments that the previous speaker before me said, we have to learn about our history to know where we are going. So, in conclusion, I again encourage this Government to look to introduce more of our black Bermuda history so that our future generations coming forth can know more about —not the far past, but even this, what is now present day, which will be past to those to come—so that we can know about our hi story.
Bermuda House of Assembly So, Mr. Speaker, again, I offer my supp ort to the Minister for these amendments and, again, to thank her and her team for the work that was done for this. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. We recognise Honourable Minister Simmons. Minister? Hon. Jamahl S. S immons: Thank you, Mr. Speaker. Mr. Speaker, I have to commend the Minister and all of the MPs, such as Mr. Famous, who championed this change. Mr. Speaker, in our history in Bermuda we have tended …
Thank you, Honourable Member. We recognise Honourable Minister Simmons. Minister?
Hon. Jamahl S. S immons: Thank you, Mr. Speaker. Mr. Speaker, I have to commend the Minister and all of the MPs, such as Mr. Famous, who championed this change. Mr. Speaker, in our history in Bermuda we have tended to celebrate and glorify things. We name buildings aft er flowers and trees and boats and all sorts of things. But we very rarely name things after people. And so, I remember when we named the ai rport after the late great L. F. Wade there was much concern expressed by some quarters about the nam-ing of somebody who could be controversial to some. Mr. Speaker, I view the changing of the name from Somers Day to Mary Prince Day as yet another form of symbolic decolonisation of our culture. I say symbolic because we could have named this after a flower that was pl anted the day that emancipation occurred or something like that. But we named it after a person who, in her own way, proved that the pen could be mightier than the sword and helped to combat the evil that was slavery. Mr. Speaker, when we look at the hist ory and look at how we named things after things and glorified things and we tend to avoid glorifying people, I am reminded of an old quote by the rapper Chuck D, most of my heroes never appeared on a stamp. We, as a people only out of slavery several hundred years, only out of segregation less than a hundred years, som etimes are challenged with the concept of power. We sometimes are challenged with the understanding that power means not just symbolic gestures, but also su bject of gestures. And so, we have been taught —and I mean this with no disrespect to anybody —to love our enemies, to turn the other cheek, to not lower yourself to the level of others. And so, when my ancestor Bella Evan came to Bermuda as a 14- year-old girl, as a slave owned by the Burrows family at Wreck Hill (where I represent today), we were taught to wait for salvation. We were taught to accept our lot because our place would be in heaven. And for those who believe that, that is something that helped many of my ancestors and our ancestors get through slavery —that faith and that belief that things would be better. But when it comes to the application of power and the understanding of power, we must reteach ourselves that power is not inherently evil. We must reteach ourselves that the us e of power is not inherently bad. And part of the reason why we have come to the belief in some of these things is because of the way power has been applied against us, the way law has been applied against us, the way physical abuse has been directed against us. And what it comes down to, Mr. Speaker, is this: We who seek to decolonise ourselves, whether it is intellectually, whether it is socially, whether it is nationally, the progression begins with the understanding of the inherent value within ourselves. It comes to being able to have the comfort to take the name Sir George Somers off a holiday and replace it with a Mary Prince. It takes courage to, perhaps, take King E dward, the whatever, off the hospital and replace it with an E. F. Gordon, who may not have been allowed to practice there. It takes courage. But that is what the application of power is about. It is about giving sy mbolic gestures that educate and uplift our people, but it is also about really tearing down the obstacles and the things that held people back for so long and building a Bermuda that is better for all. So, I commend and celebrate this change. The pairing of George Somers with Emancipation Day was, to put it nicely, ill -advised. But I think that this is more representative and s ymbolic of what our ancestors, who did not achieve this holiday by doing nothing and waiting for it to be done for them . . . they took this holiday, Mr. Speaker, not with violence, but by their actions. And that is one of the things we can look t owards because Cup Match is an example of the appl ication of power, of using your people power to achieve a goal that you want. But now our heads must think higher, our vision must go wider and broader, and think about the decolonisation, not just of things, but substance and buildings and structures, and you name it, that have kept us where we are for too long, for so long. And I am just going to finish with this, Mr. Speaker, when I did my interview process to be a candidate for constituency 33, I was asked, Why do you want to do this again? And I said that my sole cause and ambition is the same as my parents and my grandparents, to not see my children and the chi ldren of my peers and my grandchildren and the grandchildren of my peers to be in the same condition only slightly better; to have to go to the same places for jobs and opportunities and hope that their colour will not be an impediment, hope that they will be treated on their merits, hope that the vision, that the content of their character will be weighed more than the colour of their skin. That is why I am here and that is why I celebrate this, because it marks another step towards symbolic decolonisation and eventually structural decolonisation. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to contribute? Ms. Furbert? 3004 14 February 2020 Official Hansard Report Bermuda House of Assembly Mrs. Tinee Furbert: Yes, it is.
The SpeakerThe SpeakerAll right. I recognise the Honourable Member from constituency 4.
Mrs. Tinee FurbertThank you, Mr. Speaker. I know sometimes you cannot see me back here.
Mrs. Tinee FurbertI feel like I get blocked off back here. [Inaudible interjection]
Mrs. Tinee FurbertYes. So, good afternoon to my colleagues and the listening audience, but I feel it prudent that I st and up today to speak to this very issue of the name change of the holiday to the Mary Prince Day. I stand here as a woman. I stand here as …
Yes. So, good afternoon to my colleagues and the listening audience, but I feel it prudent that I st and up today to speak to this very issue of the name change of the holiday to the Mary Prince Day. I stand here as a woman. I stand here as a black woman of the Pr ogressive Labour Party. And a strong one; a strong black woman. But I could not even imagine how strong of a woman Mary Prince was to have gone through and endured what she had to endure. I would just like to reiterate what some of my other colleagues have stated in regard to history that they learned in school. From my memory and recollection of what was taught to me in our public schools, I do not recall hearing anything about Mary Prince, or even Sally Bassett. So it is disheartening that I would have to learn about this as an adult. So, I would def initely have to say that my children are lear ning about this in today’s age, for which I am very thankful and grateful because now they will have a different perspective. But they [will] have an even greater perspective now that we are about to [pass] this legislation [dealing with] the Mary Prince D ay. The Minister did announce last year May that we were looking into getting a statue of Mary Prince. And it is interesting reading some of the blogs that were out there as it related to the statue of Mary Prince because people did not realise that we di d not have a statue already of Mary Prince. They were r eferring to the statue that we do have [which is] the one of Sally Bassett. So I would like for the Minister in her remarks if she could give us an update as to where we are with the statue of Mary Pri nce. Furthermore, Mr. Speaker, we as people tend to be very forgetful. And even though we are marking this holiday as Mary Prince Day, it has been highlight-ed that the people of Bermuda would like us to go a step further so that Mary Prince can be etched in our mind as a historical figure that we must know about every day. And it would be great to see a Mary Prince symbol, because I know there is not much literature out there in regard to what Mary Prince looked like. But to have a Mary Prince symbol impr inted on one of our dollar bills, preferably the one hundred- dollar bill because surely she is 100 per cent worth that imprint. I was just reading through some of the texts of Mary Prince as we were preparing for today. She speaks of “days of sorrow” of what it was that she had to endure and what black people had to endure in slavery. And so I am glad to say, Mr. Speaker, that today we are changing a day or “days of sorrow” that we endured back in the day, and today we can def initely say that we are moving forward and we are changing that sorrow to days of joy, and the day of joy for Mary Prince Day. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Honourable Member Scott. You have the floor. Hon. Michael J. Scott: Good afternoon, Mr. Speaker.
The SpeakerThe SpeakerGood afternoon. Hon. Michael J. Scott: Thank you for recognising me so that I might make a short contribution. So, Mr. Speaker, my honourable and learned colleague, Mr. Moniz, has provoked my contribution to the debate inasmuch have all of the other important contributions that have been raised about this …
Good afternoon. Hon. Michael J. Scott: Thank you for recognising me so that I might make a short contribution. So, Mr. Speaker, my honourable and learned colleague, Mr. Moniz, has provoked my contribution to the debate inasmuch have all of the other important contributions that have been raised about this consciousness awareness and consciousness raising exercise we do here today. Mary Prince, a slave i mage, being r aised with higher relief, is going to be i mportant. It will provoke questions in the minds of our children and our children’s parents. And as my colleague, the Honourable Member, Mr. Jason Hayward, was wont to point to out, our history has been too greatly hidden of our heroes and of our freedom fighters and of our national figures in the struggle for liberty in this country. Mr. Moniz, the Honourable and Learned Member, used the megaphone of this House to give voice to what he described as some disquiet in those who would defend the removal of Sir George Somers’ name from the holiday. And his colleague, the Minister Zane De Silva pointed out that the problem lay in his observations, notwithstanding his protestations that he supports this, and lay in the l ength of time he spent schooling us about an admiral, an English admiral, whom, as the Honourable Member Mr. Famous aptly pointed out, had an appalling history of privateering, pillaging, [and] burning as part of his career. And this vigorous defence by my colleague, the Honourable Member Mr. Moniz, would not have been repaid by George Somers himself in any fashion. My friend, Mr. Moniz, will recognise that in 1589 [George] Somers joined Sir Francis Drake’s i nvasion of Portugal —the country of origin of my friend, Mr. Moniz —taking many prizes on their way as they sailed through the waters of the Azores. He then went
Bermuda House of Assembly on with another sailor to a six -vessel privateer fleet that systemically pillaged much of the Spanish Cari bbean. I was a little disappointed t hat the defence raised by Mr. Moniz was that he was not a slave was so pallid. It reminds me of the movie, 12 Years a Slave, because this slave owner was so pallid. B ecause as the coloniser of a country, or of an Island called Bermuda, whose system eventually, even as I acknowledged the arithmetic of Mr. Moniz whose sy stem of under colonisation became one of rampant slavery was enough to justify or disqualify Sir George Somers as being associated, as my colleagues have pointed out, to justify Mr. Somers bei ng associated with the emancipation holiday. It just disqualifies him. I think that’s what has been the case, whether he died before the introduction or the colonisation or the settlement of this country or not. And it has been just a most logical calculation and righting by Messrs. Famous and the other father, and now mother of this Bill, Minister Foggo. Mr. F amous and . . . who was our other . . .
[Inaudible interjection] Hon. Michael J. Scott: And Rolfe Commissiong. He is not in his seat. He certainl y would have reminded me. I had forgotten it. So, we are very grateful for the imprinting, the imprimatur of Mary Prince on our history, as the me mber of your family indicated too. It is needed to be placed in the minds of our children so that it will pr ovoke questions and then there will be information shared and this needs to happen over and over again so that the hidden history of the former slaves, the black people in this country is brought to light. That is a good thing and I commend Minister Foggo her zeal and stick -to-it-iveness in manifesting today’s Bill on the Public Holidays Act that makes this change. Hon. Trevor G. Moniz: Mr. Speaker.
The SpeakerThe SpeakerPoint of order? Hon. Trevor G. Moniz: Well, a point of clarification if my honourable and learned colleague would permit.
The SpeakerThe SpeakerOkay. POINT OF CLARIFICATION Hon. Trevor G. Moniz: I just want to make clear here that we are all aware, of course, that Somers Day was created, I believe, by the then PLP Government. [Inaudible interjections ] Hon. Trevor G. Moniz: In recent times, the holiday. Yes, it was. And …
Okay.
POINT OF CLARIFICATION
Hon. Trevor G. Moniz: I just want to make clear here that we are all aware, of course, that Somers Day was created, I believe, by the then PLP Government. [Inaudible interjections ]
Hon. Trevor G. Moniz: In recent times, the holiday. Yes, it was. And it was . . . I think my honourable and learned friend may have been in that Government. I think the leader at that time was Jennifer Smith.
Hon. Zane J. S. De Silva: No! Point of or der, Mr. Speaker. Point of order. That is way off track. No sir. He is off track. Way off track.
[Inaudible interjections]
The SpeakerThe SpeakerYes. [Inaudible interjections] Hon. Trevor G. Moniz: Both days existed long before then, but I think it was given the imprimatur of the PLP Government —
An Hon. Member An Hon. MemberNo, no, no, no. Hon. Trevor G. Moniz: —when Jennifer Smith was the Premier when they relooked at the dates.
An Hon. Member An Hon. MemberNo, sir. [Inaudible interjections]
An Hon. Member An Hon. MemberThis is ruining this debate. This is bringing the debate down to the lowest common denominator. [Inaudible interjections]
The SpeakerThe SpeakerThank you for your comments. We will— Hon. Trevor G. Moniz: In any case, I am just saying all the Members, Mr. Speaker, are acting as if I created Somers Day. I did not create Somers Day.
The SpeakerThe SpeakerNo one contributed that you created the Day. Your points have been made. The Member can finish. Hon. Trevor G. Moniz: There were a number of people who supported giving some other recogniti on, pa rticularly from St. George’s.
The SpeakerThe SpeakerOkay. Fine. Hon. Trevor G. Moniz: So they are all acting as if I invented it. I did not invent it. Hon. Michael J. Scott: Thank you, Mr. Speaker, I am almost done. The intervention by the Honourable and Learned Member is noted. Actually, and I hate to undercut my …
Okay. Fine. Hon. Trevor G. Moniz: So they are all acting as if I invented it. I did not invent it.
Hon. Michael J. Scott: Thank you, Mr. Speaker, I am almost done. The intervention by the Honourable and Learned Member is noted. Actually, and I hate to undercut my colleague, the Minister of Tourism, but I do recall that this con-cession, and whether it was well -conceived or not, it is 3006 14 February 2020 Official Hansard Report
Bermuda House of Assembly now being corrected today because, on reflection, Sir George Somers’ rol e in the world has a wrong plac ement, really, for the nature of the holiday, which is the celebration of emancipation of black people in this country, which has been the object of the legislation. And I do take note that the discovery or the founding of t he vessel that was inhabited by Sir George Somers and his crew was not a deliberate act of a sea- faring admiral. It was not a deliberate act seeking to discover Bermuda. It was an act of desper-ation —life-saving desperation —when he drove his vessel onto the rocks to save members of his crew and members of that vessel, including women, from further ravages of enduring the sea. So, it was an accident, clearly. Not an act of brilliant founding and na vigational founding by Sir George. It was an act of survival. [This is] all part, Mr. Speaker, of ensuring that we have the correct context and facts as to how Mr. Famous, the Honourable Member, Mr. Commissiong, and now the Honourable Minister Foggo, have mani-fested the Bill today which I am pleased to be able to stand [up for] and support. Thanks so much.
The SpeakerThe SpeakerThank you, Honourable Member. Ah, Mrs. Atherden, okay — Hon. Jeanne J. Atherden: Mr. Speaker —
The SpeakerThe Speaker—Honourable Member from constit uency 19. Hon. Jeanne J. Atherden: No, I have only one comment to make. And this is a point of clarification.
The SpeakerThe SpeakerPoint of clarification. POINT OF CLARIFICATION Hon. Jeanne J. Atherden: In 1999, the first day was renamed Emancipation Day and the second day r emained Somers Day. And that is what . . . I think that was what my colleague, Mr. Moniz, and Michael were talking about. Thank you, …
The SpeakerThe SpeakerBut the point that you are making was that it remained Somers Day. It was already named Somers Day. Hon. Jeanne J. Atherden: No, Emanci pation—
The SpeakerThe SpeakerWas the first day. [Inaudible interjections]
The SpeakerThe SpeakerWas the first day. Hon. Jeanne J. Atherden: The first day — The Speaker: —was renamed— Hon. Jeanne J. Atherden: —was renamed Emanc ipation Day.
The SpeakerThe Speaker—Emancipation D ay. Hon. Jeanne J. Atherden: And the second day remained Somers Day.
The SpeakerThe Speaker[It] remained as Somers Day which means that it had always been Somers Day from sometime prior to— Hon. Jeanne J. Atherden: Right. Right.
The SpeakerThe Speaker—the 199[9] change that was done. [Inaudible interjections]
An Hon. Member An Hon. MemberThe original Public Holidays Act was done in the 1940s.
The SpeakerThe SpeakerI think it was a 1948 Public Holidays Act, sometime around there, off the top of my head.
Mr. Christopher FamousI do not want to be pedantic, but the point is the name Somers Day was put in way before anybody i n this room . . . well, maybe not cousin Derrick. [Laughter and inaudible interjections ]
Mr. Christopher FamousWay before many people here were born. Honourable Renee Webb made a motion to call the entire Cup Match Holiday “Emanc ipation Day.” The UBP objected vigorously. And a compromise was struck to call the first day Emancipa-tion Day and allow the second day to remain as Somers Day, in …
Way before many people here were born. Honourable Renee Webb made a motion to call the entire Cup Match Holiday “Emanc ipation Day.” The UBP objected vigorously. And a compromise was struck to call the first day Emancipa-tion Day and allow the second day to remain as Somers Day, in 1999. So, no, it was not the PLP who brought Somers Day around.
The SpeakerThe SpeakerThank you. Hon. Trevor G. Moniz: Mr. Speaker, it was the PLP Government that decided to retain it as Somers Day. They could have changed it at that time. Bermuda House of Assembly Mr. Christopher Famous: Well, we are changing it today, brah.
The SpeakerThe SpeakerAll right. All right. We will go on past that point. There seems to be no other Member who wishes to speak. Minister, would you like to close up for us? Thank you, Minister. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. And I want to thank all Members who …
All right. All right. We will go on past that point. There seems to be no other Member who wishes to speak. Minister, would you like to close up for us? Thank you, Minister.
Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. And I want to thank all Members who participated in this quite spirited debate. I would like to say in rounding up my comments, that when the Honourable Member Jason Hayward said that he would like (and I am paraphrasing) to see this Act serve as a teaching tool, I can say to him that was definitely part of our thinking. When our department moved forward to ensure that we would rename this day Mary Prince Day. I can say that when Honourable Member Scott Simmons stood to his feet and said because of this action we are carrying Bermuda forward, that was definitely part of our thinking. And I c an speak to one of the former Bermuda Day themes which was “Unity Through Diversity.” And I will say, reflecting on Mini sterial Statements that I have brought, that the D epartment of Community and Culture is determined to ensure that we tell our history as it was because it is our history. Given many of the comments that have come from the floor, I believe I can say with surety that ev eryone here is very proud to embrace our heroine, Mary Prince, and in so doing embrace our history b ecause, as has been sta ted through the comments that have been made, our history, our history past, will help shape how we move forward with our future. The Department of Community and Culture is determined to unturn every stone to ensure that all of our people who live on this Island and grace our shores get exposed to our history as it was, and that everyone who makes up our society is celebrated. So I think that all Bermudians can stand tall [on] the shoulders of Mary Prince, because not only is she a local hero, she is a wor ldwide figure, an icon. She is that symbol of the abolition . . . of the abolis hment of slavery. She will ––and I dare say for many now because having combed my grandsons’ brains, if you will, regarding their knowledge of Bermuda hist ory––I can tell you that she [will be] permanently etched in their brain in terms of being a woman who is synonymous with the ending of slavery. And so we have celebrated other people . . . when we brought books to this House, we brought the Mary Prince book. We have given lect ures. Clarence Maxwell with his book, Prudent Rebels [:Bermudians and the First Age of Revolution] , a brilliant book that speaks about our role, in particular, as blacks and what our works were in helping to shape the Bermuda that we know today. And we are going to continue to make every effort so that all persons, regardless of race, are made renowned for their contributions that were transformational in making Bermuda a more democratic place. We will continue to work in that direction because we must see a Bermuda one day that, I guess, if you will, is her sovereign own. So, getting history right and making certain that our people know the whole history and all know [about] their role in this history is crucial. Malcolm X . . . and I will just say a short bit of a quote that he once had. “Education is the passport to the future . . . .” And it is crucial ––and I heard, I think it was Rolfe who suggested that in ma king sure that we give the right account . . . or it might have been Jason ––it is crucial that w e educate our people on the correct history, if you will, and our phenomena that have gone on in our society. And so it gave me great pleasure to be able to bring this amendment today with respect to the r enaming of Cup Match—
Hon. Trevor G. Moniz: Mr. Sp eaker, a point of clarif ication —
The SpeakerThe SpeakerClarification, okay. We’ll take a clarif ication. Hon. Trevor G. Moniz: —if the Member will take it. POINT OF CLARIFICATION Hon. Trevor G. Moniz: Perhaps I was not paying close attention, but with respect t o the Honourable Member who sits behind me, Tinee Furbert, the statue will be placed …
Clarification, okay. We’ll take a clarif ication. Hon. Trevor G. Moniz: —if the Member will take it.
POINT OF CLARIFICATION Hon. Trevor G. Moniz: Perhaps I was not paying close attention, but with respect t o the Honourable Member who sits behind me, Tinee Furbert, the statue will be placed in Mary Prince’s honour. It is a final decision being taken, so far with respect to—
Hon. Lovitta F. Foggo: I had not gotten to that. I was to answer her question —
Hon. Trevor G. Moniz: Okay.
The SpeakerThe SpeakerMm-hmm. Hon. Lovitta F. Foggo: I had not forgotten that, the Honourable Member asked me a question. I take great pride and pleasure in being able to stand here today to bring this amendment with respect to the second day of Cup Match going forward being the Mary Prince Day. …
Mm-hmm.
Hon. Lovitta F. Foggo: I had not forgotten that, the Honourable Member asked me a question. I take great pride and pleasure in being able to stand here today to bring this amendment with respect to the second day of Cup Match going forward being the Mary Prince Day. In answer (I will answer it here) to the Ho nourable Member from constituency 4, Ms. Furbert’s question, I can tell you that we are well on our way to addressing that very matter. In fact, we have had the approval of our, I guess, if you will, the landlord of the lands in Bermuda, and that is the Honourable Colonel Burch, in going about and doing our research to try and find the best place. We have picked a location 3008 14 February 2020 Official Hansard Report B ermuda House of Assembly and we do . . . we have started our research in trying to bring together artists who will come up with what we believe should be a figure that is emblematic of Mary Prince. And so that work is under way, Honourable Member, and hopefully in very short order we can get on with doing the work in earnest, get to the point where we get the statue commissioned, et cetera, et cetera. So the answer to her question is, yes, we are doing that work. Mr. Speaker, I am also happy to be able to ensure that in terms of the Bermuda Day, setting the right stage for that day to be the last Friday . . . the Friday before the last Monday (sorry) and in so doing ensuring that whenever the 24 th of May falls on a Fr iday it will be that Friday and that every 24th of May is at least near . . . the Friday is near t o . . . that Friday is the nearest Friday to the 24th of May, Mr. Speaker. And based on that note, Mr. Speaker, I would like to move this Bill to Committee.
The SpeakerThe SpeakerThank you, Minister, for your wrap- up. I will ask the Honourable Member Swan, Woul d you take the Chair?
The SpeakerThe SpeakerThank you. House in Committee at 4: 25 pm [Mr. Hubert (Kim) E. Swan, Chairman] COMMITTEE ON BILL PUBLIC HOLIDAYS AMENDMENT ACT 2020
The ChairmanChairmanGood afternoon. Members, we are in the Committee of the whole [House] to consider the Public Holidays Amendment Act 2020 in the name of Minister Foggo from constituency 3. Minister. Hon. Lovitta F. Fo ggo: Thank you, Mr. Chairman. Mr. Chairman, with your leave I would like to move clauses …
The ChairmanChairmanIt has been moved that clauses 1 through 5 be heard. Are all Members in favour? No objections. Continue, Minister. Hon. Lovitta F. F oggo: Okay. Mr. Chairman, the Bill amends the Public Holidays Act 1947, the principal Act, to provide for the chang ing of the name of Somers …
It has been moved that clauses 1 through 5 be heard. Are all Members in favour? No objections. Continue, Minister. Hon. Lovitta F. F oggo: Okay. Mr. Chairman, the Bill amends the Public Holidays Act 1947, the principal Act, to provide for the chang ing of the name of Somers Day to Mary Prince Day and to change the day on which the Bermuda Day public holiday is observed. Clause 1 provides a citation for the Bill. Clause 2 amends section 6 of the principal Act by deleting Somers Day and replacing it with Mary Prince Day. Clause 3 amends the Schedule to the princ ipal Act in relation to the day on which Bermuda Day is observed by changing fro m the last Friday in May to the Friday before the last Monday in May. Clause 3 also amends the Schedule in relation to Somers Day by renaming Somers Day to Mary Prince Day. Clause 4 makes a consequential amendment to the Television Broadcasting Service Regulations 1987 , regulation 6, by renaming Somers Day to Mary Prince Day. Clause 5 provides for the commencement of these amendments. The amendment to when Berm uda Day is observed will come into effect on the 1st of January 2021 so that there will be no change to the holiday this year, which is May 29 th, 2020. It also pr ovides for the renaming of Somers Day to Mary Prince Day to come into effect on assent.
The ChairmanChairmanThank you, Minister. Does any other Member care to speak to clauses 1 through 5? Minister, would you like to move the clauses? Hon. Lovitta F. Foggo: Yes. Mr. Chairman, I now move that clauses 1 through 5 be appr oved.
The ChairmanChairmanIt has been moved that clauses 1 through 5, which includes the citation, be approved. Are there any objections? No objections. Continue. [ Motion carried: Clauses 1 through 5 passed.] Hon. Lovitta F. Foggo: Okay. Mr. Chairman, I now move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. No objections. Continue on. Hon. Lovitta F. Foggo: Mr. Chairman, I move that the Bill be reported to House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. No objections. Hon. Lovitta F. Foggo: Thank you, Mr. Chairman. [ Motion carried: The Public Holidays Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment .] Bermuda House of …
It has been moved that the Bill be reported to the House as printed. No objections. Hon. Lovitta F. Foggo: Thank you, Mr. Chairman. [ Motion carried: The Public Holidays Amendment Act 2020 was considered by a Committee of the whole House and passed without amendment .]
Bermuda House of Assembly House resumed at 4:29 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
PUBLIC HOLIDAYS AMENDMENT ACT 2020
The SpeakerThe SpeakerGood afternoon, Members. Are there any objections to the Public Hol idays Amendment Act 2020 being report ed to the House as printed? There are none. The Bill has been reported and moved. It now takes us to the next item on the Order Paper which is the Submarine Communications …
Good afternoon, Members. Are there any objections to the Public Hol idays Amendment Act 2020 being report ed to the House as printed? There are none. The Bill has been reported and moved. It now takes us to the next item on the Order Paper which is the Submarine Communications C ables Act 2020 in the name of Deputy Premier, the Mi nister of Home Affairs. Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that the Submarine Communications Cables Act 2020 be now read a second time.
The SpeakerThe SpeakerAny objections? No. Continue, Minister. BILL SECOND READING SUBMARINE COMMUNICATIONS CABLES ACT 202 0 Hon. Walter H. Roban: Thank you, Mr. Speaker. Thank you to Members of the Legislature and the people of Bermuda who are listening today. I rise, Mr. Speaker, to introduce for the second reading the Bill …
Any objections? No. Continue, Minister.
BILL
SECOND READING
SUBMARINE COMMUNICATIONS CABLES ACT 202 0
Hon. Walter H. Roban: Thank you, Mr. Speaker. Thank you to Members of the Legislature and the people of Bermuda who are listening today. I rise, Mr. Speaker, to introduce for the second reading the Bill entitled Submarine Communic ations Cables Act 2020. The Bill seeks to provide for the protection of submarine communications cables and to establish a submarine communications cables industry in Bermuda by way of a submarine communications cables permit and licensing regime. Mr. Speaker, Honourable Members will r emember that I stated in my Ministerial Statement on September 27 th that this new and innovative legisl ation will provide a strong regulatory framework to i ntroduce this potentially valuable sector to the Island. This initiative is in keeping wit h the Government’s pledge for Bermuda to become a technological hub of the future, attracting those within the submarine cable industry to use Bermuda as a transit location that would generate an additional revenue stream for Bermuda’s economy and ensure existing and new local cables are protected and secure. Further, the legislation identifies specific tim elines to ensure efficient processing of applications by the Regulatory Authority. [This] provides certainty and stability to the industry, further making Bermuda an attractive location. Mr. Speaker, I remind Honourable Members that submarine cables are essential —and I repeat, essential —to the world’s economies and are a vital component [of] a country’s national infrastructure linking one country to one or several others. More than 99 per cent of the world’s global communications is carried on submarine cable networks and those networks have increased due to the exponential growth of data. The world is indeed changing, and many go vernments have declared subsea cables strategic national assets and critical infrastructure. Mr. Speaker, landing and operating significant systems in some jurisdictions have become increasingly difficult and lacks a single owner, regulator, [and] point of reference. Countries that have shorter and more certain time frames for the permitting process are being sought and are becoming more and more attractive. To this end, this Act provides for a shorter permitting process using the one- stop- shop approach and deadlines prescribed in legislation. This will en able Bermuda to establish itself as a landing hub for transatlantic submarine cables carrying Internet and telecommunications. There are three such hubs in the Pacific Ocean—Hawaii, Guam and Fiji. But there are none in the Atlantic. If Bermuda succeeds in becoming the Atlantic’s first, with the hopeful passing of this legisl ation, Mr. Speaker, the benefits and opportunities could range from attracting submarine cable operator’s head offices to the Island, to captive insurance for sub marine cable operators, and creating an additional rev enue stream for the economy. In addition, companies with intellectual property rights would be better able to demonstrate economic substance in Bermuda while operator’s landing cables would be able to achieve network diversity and divert some telecom traffic away from certain jurisdictions, if required, for privacy or better sovereignty reasons. Mr. Speaker, there are more than 20 subm arine cables that cross the Atlantic Ocean from the Americas to Europe and Africa, and others that link North and South America and the Caribbean. Just so people know, there are nearly 400 SubOptic cables across the world, so you can see the Atlantic has a small component of that.
The SpeakerThe SpeakerMm-hmm. Hon. Walter H. Roban: But they are considerable around the globe. Three cable systems land in Bermuda, nam ely, GlobeNet, Challenger, and Gemini. Many other transatlantic cables transit through the Island, but do not land here. Efforts are being made to attract them to Bermuda and to promote the …
Mm-hmm. Hon. Walter H. Roban: But they are considerable around the globe. Three cable systems land in Bermuda, nam ely, GlobeNet, Challenger, and Gemini. Many other transatlantic cables transit through the Island, but do not land here. Efforts are being made to attract them to Bermuda and to promote the Island as a technology cable corridor. 3010 14 February 2020 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, at this juncture I would like to provide a brief outline of what this legislation in i ntended to accomplish. The Bill provides for the follo wing: • Outline the purpose of the Act includi ng promoting investment in the submarine communications c ables sector and in communications reliant industries thereby stimulating the economy and employment, enhancing the protection of submarine cables in Bermuda waters, enhancing Bermuda international s ubmarine communications cables connectivity, laying the groundwork for the further development of the submarine communications cables sector, and promotes its orderly development, encouraging the development and maint enance of resilient and fault -tolerant submarine communications cables infrastructures. • Define the functions of the Minister and Regulat ory Authority. • Identif y the protection zones and provides for regulations relating to the prohibitive and restrictive activities within the zones and the offences and penalties if one engages in activities within the zones. • Provide for applications and conditions for: (1) permitting to install submarine cables and (2) licences to operate submarine cables. • Define the parameters of compensation for damage to property or where it is necessary to acquire property. • Provide the protection zone map and coordinates. • List the prohibitive and restricted activities. • Provide for consequential amendments to the Marine Board Act 1962 , Public Lands Act 1984 , and the Regulatory Authority Act 2011 . Mr. Speaker, this legislation clearly highlights that Bermuda has adopted the global best practice with a cable protection zone that protects cables that land here, streamlines the licensing process, protects Bermuda’s natural marine environment and heritage, provides certainty of process for those cables looking to land within a 60- day approval guideline. Mr. Speaker, the submarine cable protection zone is an important step in the mark eting of Bermuda in the submarine cable space. A submarine cable pr otection zone represents industry best practice and demonstrates that we are working on policy and pla nning to support and promote the industry objectives. A protection zone affords protect ion and certainty; both are very important in the choice [for] locating and op-erating a system. In jurisdictions that do not have a submarine cable protection zone, it is difficult to get permissions to land a cable because the carrier must navigate a range of agencies to seek various env ironmental and financial assessments. It is important to note that the protection area designated by the Bill already contains three subm arine cable systems mentioned earlier —GlobeNet, Gemini, and Challenger. The key for international business cables is certainty of process and ease of process. The proposed Act provides this. Mr. Speaker, from this platform we will be able to use this legislation to promote landing submarine cables in Bermuda. Large technology companies are currently building submarine cable systems that go past and do not connect into Bermuda. We are hoping to highlight to these companies the opportunity to do a branching unit from those planned systems into Bermuda, creating economic substance with signifi cant infrastructure and thus supporting any intellectual property company assets that are located in Bermuda. Mr. Speaker, the proposed submarine cable protection zone has been designed to provide suff icient space for Bermuda’s future needs, meeting the standards of the submarine cable industry while minimising disruption to marine users and considering key environmental factors. The shape of the zone, which bears a resemblance to a manta ray, has been developed as a result of a best practice desktop surve y carried out by the internationally recognised company in this field, EGS Survey, who were commissioned by the Bermuda Business Development Agency. EGS Survey specialises in providing global specialist multidisciplinary marine survey support to the gas, telecommunications, energy and renewables , and marine infrastructure market sectors. As part of this desktop survey, input was sought from major stakeholders of the marine environment, including the Department of Environment and Natural Resources, Marine a nd Ports Department , Energy, Planning, as well as the Estates Section of the Ministry of Public Works. Comment was also sought from the Marine Resources Board, Commercial Fisheries Council, Hi storic Wrecks Authority, and Ports Authority, as well as dive boat operators. This comprehensive report looked at all of the factors required to develop a submarine cable sector—most notably, Bermuda’s geology, existing and potential [landing ] sites, hazards and restrictions, and cable engineering. It also addressed ch allenges [that] a cable protection area would have on Bermuda’s ecology, benthic habitat, protected species, as well as the commercial fishery and diving sectors. The result is a single area that incorporates all the existing deep - water submarine cable rou tes and which is designed to have as minimal an impact on the current and f uture use of the area while allowing sufficient scope for the development of the submarine cable sector to the best industry standards. Mr. Speaker, protection of submarine cables is paramount, and it will be necessary to prohibit and restrict some uses within the cable protection zone. While boats will still be allowed to transit freely, it will be necessary to prohibit dredging, scuttling vessels, use of explosives, towing nets, ro pes and other equipment capable of contacting the seabed. Restricted uses include certain anchoring and fishing with a demersal dropline while the breaking
Bermuda House of Assembly strength of the line used would damage a cable, that being a breaking strain of 850 kilograms. Simi larly, research of the area is still permitted but must use a tethered operated vessel . . . I am sorry, a remote operated vessel (ROV) with a breaking strain less than 850 kilograms. Harvesting the benthos must be by hand and/or by the ROV. As the majori ty of the use restrictions fall t oward resource management, particularly fisheries, a practical enforcement strategy has been devised that utilises existing capacity and expertise to best man-age activities in the cable protection zone. Under the Fisheries Act 1972 , fisheries inspectors, including fisheries wardens, marine police, and the newly formed [Bermuda] Coast Guard with assistance from the [Maritime] Operati ons Centre, will provide enforcement oversight for the zone. An education strategy will be developed to ensure that user groups such as the dive shops, boaters and fishermen are aware of both the physical area and new restrictions placed in the area for not only the protection of the cables, but also the safety of those users. Mr. Speaker, I must recognise the work of the Bermuda Business Development Agency (BDA) in this area. The BDA has been focused on promoting Bermuda as an Atlantic digital hub, for int erconnection of cables . Marketing by the BDA has commenced targeting key technological infrastructure players who build submarine cables and other supporting companies in the submarine cable industry. I particularly want to recognise the participation of M s. Fiona Beck who has been integral in the development of this legislation and promoting Berm uda in this industry. Ms. Beck’s extensive experience in the submarine communications cable industry is ev idenced in her contributions to this legislation and demonstrates why she is so respected in the industry. Ms. Beck was a CEO of Southern Cross Cable Net-work for 14 years, a system connecting New Zealand and Australia to the West Coast of the USA. She was past president of the SubOptic, the global association for the submarine cable industry, and is currently the Chair of the Board of South Atlantic Express Intern ational, a submarine cable system that is being planned to connect South Africa to the USA. Mr. Speaker, Ms. Beck recently attended the Pacific Telecom munications [Council] conference which was held in Hawaii from the 19 th to the 22nd of January 2020. Ms. Beck and Mr. Kyle James attended on behalf of the BDA. This conference was attended by 7,000 industry leaders from around the world. Ms. Beck held meet ings with representatives from Google, Facebook, Amazon, and Microsoft promoting the po-tential for Bermuda to become an Atlantic digital hub for the submarine cable industry. The Bill provided an opportunity to signal the Government’s intention to enter th e submarine cable industry and promote Bermuda as the Atlantic digital port. Mr. Speaker, this legislation is intended to put Bermuda back on the submarine cable industry map by promoting Bermuda as a jurisdiction of choice for submarine cable companies t o have their head offices located here. Honourable Members will be aware that companies such as Southern Cross Cable Network and the Australia– Japan Cable currently have their head offices located in Bermuda. These companies have people on the Island, empl oy Bermudians, and use our head office support services. We aim to at-tract similar submarine cable companies to the Island. Mr. Speaker, lastly, I would be remiss if I did not recognise the efforts of the entire team respons ible for producing this legislat ion. Including Ms. Beck and Mr. James of the BDA, Mr. Denton Williams and Ms. Monique Lister of the Regulatory Authority ; Mr. Drew Pettit and Dr. Tammy Warren of the Department of Environment and Natural Resources ; Mr. Brian Eaton who is in the Chamber tod ay, ably advising the Ministry on this matter; and Ms. Lovette Tannock of the Attorney General’s Chambers , and of course, the Permanent Secretary of Home Affairs, Ms. Rozy Azhar, who is also in the Chamber today. All of them, and all the other support peop le who support them deserve credit for this legislation that we are going to debate today. Mr. Speaker, I now move that the Bill entitled Submarine Communications Cables Act 2020 be now read a second time.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? I recognise the Deputy Opposition Leader. Honourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, I would like to add my congrat ulations to the legislative draftsmen to consolidate what was three pieces of legislation in September into one piece of legislation today. Because I know that this was not an easy job. So, well done. I actually do …
Thank you, Mr. Speaker. Mr. Speaker, I would like to add my congrat ulations to the legislative draftsmen to consolidate what was three pieces of legislation in September into one piece of legislation today. Because I know that this was not an easy job. So, well done. I actually do not have much to say about the legislation from this perspective. My questions and things will come when we come into Committee. However, I am always in favour of something that is going to diversify our economy and brings jobs to Bermuda and brings business to Bermuda. I actually did research on becoming a digital hub and all of the things that go alon g with it. It is a very, very compl icated area. So, kudos to Fiona Beck on her ability to make her way through it, because, for me, it was very, very complicated. I understand that the BDA has been working with the Government in promoting this and my ques-tions would be, you know, I know that right now we do not have a figure in terms of the number of jobs that it will create, but I would be interested in knowing how many jobs it will create [and] what types of jobs they would be. I want to be [assured] that the environment 3012 14 February 2020 Official Hansard Report
Bermuda House of Assembly would be protected with these cables [being installed] (and I am sure that it will be). And then I had a question, which again I will ask in Committee, about the United Nations agreement and the fact that the UK is a party to that agreement and, by extension, we are. And some of the remedies if there are things that go wrong. Other than that, most of my questions will come into Committee. I would like to thank the Mini ster for bringing it and for everyone who participated in bringing it.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? We recognise the Honourable Member Furbert from constituency 4. Honourable Member, you have the floor.
Mrs. Tinee FurbertThank you, Mr. Speaker. I would just like to start by thanking the Mini ster for bringing this legislation forward. And I also thank the team that worked on this legislation. It is a very meaty piece of legislation that we are having to go through today. But as I …
Thank you, Mr. Speaker. I would just like to start by thanking the Mini ster for bringing this legislation forward. And I also thank the team that worked on this legislation. It is a very meaty piece of legislation that we are having to go through today. But as I look around this room, I see lots of devices around —smart devices, iPads, phones —and I just want to make the link to these devices in regard to this piece of legislation because we take for granted how quickly we are able to get information to us through our devices, and it is through such mechanisms like the submarine cables that we are able to get information to us with such speed. I do not claim to be an expert in this area, Mr. Speaker; however, I did find it very fascinating having the opportunity to research it and to ask questions about it like many other Members would have the opportunity to do so because this particular Act went through a hefty period of consultation, and so I would just like to see it because I see throughout the Act that some things were changed, which I am assuming was because of the consultation that the Government took heed and made those changes. I just want to make reference to a RG Magazine, Mr. Speaker, if you will allow me to read.
Mrs. Tinee FurbertThank you, Mr. Speaker. B ecause, again, I just want to highlight the significance of this legislation to the Island of Bermuda. I speak to a page in the RG Magazine. It was a winter issue of 2019 in which an educator is speaking about technology and the use of …
Thank you, Mr. Speaker. B ecause, again, I just want to highlight the significance of this legislation to the Island of Bermuda. I speak to a page in the RG Magazine. It was a winter issue of 2019 in which an educator is speaking about technology and the use of technology in Bermuda. And the educ ator speaks to when she first started in the classroom and computers were only used by teachers for typing up notes. And now, with the technology that is afforded [for all] to use today, they are able to use different apps and different computer programmes with students today such as Google Expeditions and ClassDojo and YouTube and Kahoot, and these are just some examples of what our students are being exposed to. And we are only able to be exposed to these types of apps and programmes because we have access to fast Internet and fast bandwidth which, again, makes this legislation very exciting for us. And it would not be possible without submarine cables that we are able to access such information so quickly. So just like we had the FinTech legislation, again, this legislation, this very meaty piece of legisl ation, 38 pages . . . and just to give a bit of history, b ecause I did have the opportunity to research, these submarine cables actually go back a long, long time, back to the 1850s where there were link s of transatlantic cable between Newfoundland and Ireland. So this is nothing new. This is an industry that is growing and it is more advanced as information is also being wired to us, more advanced. Where at one point it was at 9 terabytes per second and now we are able to transport information through bandwidths and ter abytes of 160 to 200. So we have definitely come a long way. There are many industries using the subm arine cables. The Minister had already mentioned, those areas that are familiar to us, such as Microsoft, Facebook, and Amazon. So this is not new; this is advancing the areas that we have, allowing us to use faster speeds. We have the opportunity to set the stage and provide this legislation so that it can create an economic boost for Bermuda. So this is an exciting piece of legislation. Like the Minister already outlined, this Act is basically where we are taking responsibility for the installation operation [and] protection of submarine cables in Bermuda’s waters. So this, again, is a very exciting piece of legislation. And just skimming through the legislation, we have gone through great depths of still allowing public interest and involvement in this industry. And we are also still going through great lengths with the amount of research t hat has gone behind producing this piece of legislation. And so it is clear throughout this Act that Bermuda is moving within Bermuda’s best interest and that no submarine cable shall be installed in Bermuda’s waters outside of a protection zone. And so with that, Mr. Speaker, if anyone has the opportunity to research submarine cables, they have quite a few nifty videos on YouTube which will help you understand this industry a little bit better. And so I encourage those who have not had the opportunity to do so to please do so, because this is applicable to Berm uda and will be applicable to Bermuda in the future as we press forward with the Submarine Communic ations Cables Act. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. I now recognise the Ho nourable Member from constituency 8. Honourable Member Simons, you have the floor. Bermuda House of Assembly Mr. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I would begin by saying that I unequivocally support this legislation. It is great that …
Thank you, Member. I now recognise the Ho nourable Member from constituency 8. Honourable Member Simons, you have the floor.
Bermuda House of Assembly Mr. N. H. Cole Simons: Thank you, Mr. Speaker. Mr. Speaker, I would begin by saying that I unequivocally support this legislation. It is great that this Government has found it . . . has taken a priority in reinvigorating this industry. Mr. Speaker, if you may remember in 1998 we had a cable company by the name of Global Crossing —
Mr. N. H. Cole Simons—and at that time they were, you know, on the cutti ng edge in undersea cables. They ran into challenges. And we also had the Electronic Communications Act 2011 . So, again, I am delighted that the PLP is picking up the responsibility of moving this industry forward, and they …
—and at that time they were, you know, on the cutti ng edge in undersea cables. They ran into challenges. And we also had the Electronic Communications Act 2011 . So, again, I am delighted that the PLP is picking up the responsibility of moving this industry forward, and they have my support. I know that in 1998 and 2011 the Honourable Grant Gibbons and the [Permanent Secretary] Francis did a lot of work in this space. And I think they should be acknowledged for laying the groundwork that can be built upon today. Mr. Speaker, I find there are many opportunities for Bermuda in this space. And we are talking about having a digital hub. During my research in this space, I was looking at Singapore. And I think, based on what I read, they had 16 or 18 cables coming into Singapore. So my question to this Minister is, what types of limits will we place on the number of cables that will come ashore here in Bermuda? And how will we manage the priorities in granting permits for those limited number of cables that will come ashore? I mean, it would be nice if they are all knocking at our doors. And, obviously, I would commend the BDA for going out and marketing us as a jurisdiction that welcomes this type of business, Mr. Speaker. And they have Energy and the Ministry has the technical know -how to make it happen. So, again, from a question point of view, what is the target number of cables we expect to see that will be serviced in a responsible fashion coming through our hub? In addition, as you know, the cables require landing stations. How many landing stations does the Government envision having in Bermuda? And will those landing stations be regulated? Will they be owned by Government, or will they be owne d by i ndustry? Can the Minister provide more meat in that respect, Mr. Speaker? I know that it is important b ecause some jurisdictions have had a monopoly in r egard to the landing stations and that has caused pro blems with the industry and the cost of Internet services and the services provided to the local businesses in those jurisdictions. So, again, I know we have an i nfrastructure and a framework for the cable industry, but I did not see much in legislation in regard to speaking to the landing stations. So I would like for the Minister to speak on that. The opportunity that I also see, Mr. Speaker, is the opportunity of financing. As you know, I am a banker. I see that the financing of cables business is very lucrative, and you have private investors, you have consortship of telecommunication operators and you have suppliers of general financing, and then sometimes governments and banks provide financing. So, again, I wonder what work has the Government done to ensure that this can be another pillar that will support this industry, and whether we as a country or some of our banks are willing to work in this space in providing financing to companies that wish to esta blish a base here for the underwater cable industry and our digital hub network. So, again, I would like for the Minister to speak to that. As I said earlier, if we become very successful in attracting cable companies to Bermuda, how are we going to set priorities in selecting those who will be successful in being able to have a base here? B ecause as I said, in Singapore they are limited to 19, 20 cables going ashore in a big country like Singapore. Will we give priority to the privately owned cables? Or will we give priority to cable companies that are owned by consortium ? Or are we going to giv e priority to a combination of both? So, how are we going to set those priorities going forward? I have spoken to the issue of the landing st ations. The landing stations to me is a crucial part of this infrastructure in regard to ensuring that the work is done here and that as a jurisdiction we benefit from the technology that supply as a result of the cable that comes ashore to Bermuda. My concern, and as I found in other jurisdictions, we have to put an infr astructure in place that will prevent monopolies. And we need to just encourage more competition and e nsure that we get competitive pricing and resources that are competitive [and] available to the industry and the people of Bermuda, because they are going to benefit as well. Mr. Speaker, I do not hav e a lot more to say. Just give me a second; I made some notes as I was coming along. But I just want to say that I am very supportive of this. Oh, I know what I wanted to speak of and also add. In crafting a strategic plan for this industry, has the Minist er given any consideration to providing security to us as a cable hub? You know there is terrorism. There is sabotage. There are c ybersecurity issues. There are people who basically cause problems by cutting cables. What type of infr astructure do we have i n place to ensure that those who come here can come here and set up their cable companies and their cable networks and know that we have a secure hub from a security perspective and that we have protocols in place to protect their assets? So, Mr. Speaker, those are my comments. Like I said, they have my full support and I would like the Minister to address some of my questions and concerns. Thank you, Mr. Speaker.
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Bermuda House of Assembly The Speaker: Thank you, Honourable Member. Minister Caines.
Hon. Wayne Caines: If it pl eases you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Wayne Caines: Mr. Speaker, I returned from law school to Bermuda in 1997, and when I returned to Bermuda my first job as a newly minted lawyer was to work for a company called Global Crossing. [Laughter] Hon. Wayne Caines: Global Crossing was a company that was newly …
Yes.
Hon. Wayne Caines: Mr. Speaker, I returned from law school to Bermuda in 1997, and when I returned to Bermuda my first job as a newly minted lawyer was to work for a company called Global Crossing.
[Laughter]
Hon. Wayne Caines: Global Crossing was a company that was newly formed in Bermuda and we set up subsea cable in Bermuda. That company was responsible for provisioning subsea cable in Bermuda. It had about 100 people locally who were hired by this company. The industry grew so fast it outpaced itself.
An Hon. Member An Hon. MemberYes, it did. Hon. Wayne Caines: At the time it was doing . . . the Internet, as you know, Mr. Speaker, was growing so fast that once the cable was dropped there actually nowhere else to go, s o you were just literally left just maintaining the network and …
Yes, it did. Hon. Wayne Caines: At the time it was doing . . . the Internet, as you know, Mr. Speaker, was growing so fast that once the cable was dropped there actually nowhere else to go, s o you were just literally left just maintaining the network and they literally had outpaced how fast the market was growing and they could not maintain the growth that they had done. The CEO, the owner, was named Gary Winnick, and as you know, the company did not last much longer. So when the Minister shared with us in Cabinet the idea to go into creating a subsea corridor for Bermuda, I was elated. The Minister shared with us the plan. I know Fiona Beck and her prowess in this space, and I was excited when they shared with us the plan. The Minister has shared with us a number of plans that he is doing with the satellite orbital space and it is indeed . . . he is working with some phenomenal things, novel things, things in this space that I think will do Ber muda really well. And so when he shared with us the genesis of this plan with the su bsea corridor, I immediately thought of something, Mr. Speaker, I call the “Snowden effect.” The Snowden effect . . . as we know, there is a gentleman by the name of Mr. S nowden that was outside of America for a long period of time and tel ecommunications companies are now really sceptical, if not skittish, about their data going through America. And so a lot of them that want their data, the biggest data centres where you l ook at data centres; that come up with Knox centre of operations, are in Brookhaven in New York, and another one is in London. So most companies, when they are connecting data, are coming through these two cities. And so you are seeing now, no matter where they go, they are either going to Brookhaven or they are going to Lon-don as the final connecting point for their data. The Speaker: Mm-hmm.
Hon. Wayne Caines: But most of them now are trying to have a major connection for their data points outside of the United States of America. And so with the advance in data, so many people are using data, companies are finding that with the use of smartphones and with the use and the advance of data, and people using data- only devices, that entities such as Google, and entities such as ot her data- only companies, are finding that the use of data is coming so fast that companies cannot keep up with those uses around the world so they need more subsea links. So, for us to do that, and be involved with that, that is quite significant. You are seeing so many countries in the developing world now having support financially, and they now need their own subsea links to connect around the world. So it is really an opportunity for Bermuda which has the infrastructure, having a number of subsea cables already in Bermuda, having the Knox Centre for operations, having the s ecurity. Bermuda has a significant cybersecurity pres-ence around our country, already having data centres in Bermuda and having Knox network operating ce ntres in Bermuda, already with the centres where they can come up Brasil Telecom. A number of companies already are set up in Bermuda. It is an excellent place where we can already show the world that not only will this be new to us, we are already doing this. We are already doing it well. Why would these companies come to Bermuda? Not only could we drop the cables in Bermuda, we can provision them in Bermuda. We can do the sales in Bermuda. We can do the maintenance in Bermuda. So why does it make sense coming to Bermuda? B ecause we can do everything in Bermuda. What does that mean? You can have your sales team in Bermuda. You can have your provisio ning team in Bermuda. You can have your maint enance team in Bermuda. You can have all of these. You can train Bermudians for the opportunity. Why? Because we did this with Global Crossing. There were over 100 people working in Global Crossing in Bermuda. The finance was in Bermuda. The maintenance was in Bermuda. The provisioning was in Bermuda. How do I know, Mr. Speak er? I worked there right out of law school. And so this represents . . . and the Mi nister and I discussed this where if we do this as an opportunity for Bermuda, this is indeed something to be excited about and they are on the right track. I listened to th e questions asked by Mr. S imons about the licensing. Everything he asked about the finances, how would it be done, it is actually all in the Act. If you dig deep in there, how it will be done, how it will be provisioned is actually all outlined very clearl y and succinctly. And I know when we go into Committee he will see that is in the Act. When he talks about how will it be paid? How will we choose them? It
Bermuda House of Assembly is all outlined really clearly and succinctly in the Act. When you go to the scheduling, when it tal ks about how will . . . when he talks about how will they choose zones and where would it be? It is all in the Schedule. And so when you look at the Act and you go in it is very deliberate. You can tell that it was put t ogether by someone who knows the industry. I cut my teeth in this industry, understanding provisioning, u nderstanding how the subsea cables worked. The second part of my life, as you know, Mr. Speaker, before coming into Parliament was actually in telecommuni-cations. This Bill is fit for p urpose. We have the opportunity to be at the vanguard doing something that this country is known for —leading in telecommunications. And we are at the vanguard of being able to do som ething globally. Hats off to the Minister and his team, and to Fiona Beck, and to the BDA. We are on the right road, Mr. Speaker. Thank you very much.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? We recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. It was very heartening and informative to hear Minister Caines bringing to bear the experience he has …
Thank you, Minister. Does any other Member wish to speak? We recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. It was very heartening and informative to hear Minister Caines bringing to bear the experience he has had as a result of working for GlobeNet [sic] and running Digicel for a period of time as well. Producing really, with those comments in the debate, the tant alisingly available business cases that could be made consequent upon the Bill being piloted by the Deputy Premier, the Honourable Walter Roban, introducing this Bill today, the Submarine Communications Cables Act 2020. And even as Minister Caines was speaking, it was very clear there were many familiar teams that made sense to me when I was working through, and as Minister of Telecommunications, as well. So these are . . . and I adopt his statements that i t is clear that the Bill has been worked on by people who know the industry well. It is reflected in the more than 50 claus-es that are there. So, I commend and welcome Minister Roban’s introduction of this Bill which, as it properly notes, Mr. Speaker, es tablishes a submarine communic ations cable industry for Bermuda. That is, again, I think the proper word is tantalising, prospect for us. And if this sounds a little familiar, Mr. Speaker, as we set up and set out to have a submarine communications cable licence and cable permit and licensing regime, if it sounds a little familiar to this House we will all remember that in this House we passed a satellite coordination and communications network licensing regime, all along the same lines to achieve the expl oitation, Mr. Speaker, of business cases and customers entering Bermuda and having a presence in Bermuda using the capacity over, not the depths, but the outer space. And so I believe, and I commend Minister Roban for this Bill today because if it indeed r evitalises the satellite cable coordination network assistance, this will be a happy marriage. May I say, Mr. Speaker, that I am particularly interested too in how the grouping FAANG — Facebook, Amazon, Alibaba, Netflix and Google [sic]—and their demands and needs for capacity, how these players will begin to drive and be coordinated into the business cases and the opportunity for services that a submarine cable enhanced network can produce for these major players. These are the new economies, or they are c reating new economies. They are creating new jobs. They are creating more opportunities. And I believe that we are not only going in the right direction, but this is an exciting prospect. So, Mr. Speaker, the brief on page 2, in add ition to Minister Cain es’s insightful observations about this kind of platform, I take the point that on the whole question of privacy and for data sovereignty reasons there are great, again, tantalising prospects. I heard Minister Caines indicate just two landing points — Brookhaven and London. But I recall when I was in the seat of Minister, my entertaining from GlobeNet, the principals of GlobeNet, spoke to these very issues about having a cable that was separate and apart from the cables that run from St. David’s up to Man-hattan, down to Boca Raton, and back up to St. D avid’s again, which they might want to have a more spliced and separate and apart from the cable network systems that go into Manhattan for the purposes of privacy and for the purposes of data sovereignty. And wi th this Bill Minister Roban reinvigorates and revives these potentialities, and it becomes an excellent sales point for value added to FAANG and GlobeNet with whom we still maintain close relatio nships and friendships. And I think they amount to real possi ble and potential customers to whom we ought to be speaking to become interested in this new service. Services, of course, are what make many countries successful. In the aftermath of Brexit and the United Kingdom having to paddle its own canoe and make it s way in the world, what it seeks now and it is going to have to promote as its value are its services. And Bermuda has been doing this for a long time, almost all of our time since the advent of international bus iness in our country. But this becomes a very signif icant new industry for the services that can be provi ded through and in Bermuda. So, Mr. Speaker, the array of customers is also suggested and projected, may I say, in Minister Roban’s brief, as on page 5 where there is his reference to the use of the ability and the opportunity to do a branching unit (as this brief indicates) from any planned systems of cables in Bermuda. And the creation, Mr. Speaker, of the fiction that by virtue of your presence in Bermuda through the use of the cable systems a nd your presence in Bermuda as a cons equence of having your cable landing here, or your da3016 14 February 2020 Official Hansard Report
Bermuda House of Assembly ta here, even. We have been working thoroughly hard on establishing the right definition for economic substance and what factors need to be put in place to establish economic substance. The Bermuda Business Authority has been working on this. Mr. Victor Richards at Conyers, Dill & Pearman, and his brother, Kevin Richards, have all been giving important information and support and fill - up to making the economic substance requirement work for us. But, clearly, both human intellectual c apacity and artificial intelligence and human intelligence carried over the Internet and carried over systems and networks, speaks to really high perspective opportunities for addressing ec onomic substance and having a presence in the Island, attracting business offices here. As Minister Caines was indicating, both in f inancing, and as my colleague, Mr. Simons, was as king the question about financing being present, this kind of array of mix ed presence supported by capital investment can only begin to be the answer to many of our current woes about increasing inward inves tment into the country. I think that we should have as many cables landing here, or branch units from cables that are leaving here and going to South America to Boca R aton and down to Brazil as we possibly can. I say that because the redundancy begins to answer the whole question that terrorism (as raised by my colleague, Mr Simons) will be addressed. The redundancy of having cables reheal themselves and the fact that you have multiple cables that can pick up where the break has occurred and go in the other direction and carry the default occurring in any cable line only adds to the real capacity for redundancy, and really hard redundancy across important and globally recognised cable networks of the submarine kind. And I cannot underemphasise how I hope that this initiative does also spur and spark the other c apacity that is there with the driving of data through a satellite beam from a satellite operating in space and using our orbital slot, I think it is 96.4 or 94.2 (it is one of those) and making tenants in our orbital slot a more attractive prospect and business case for the world of global business, all engaging and, as I indicate, this new activity driven by Facebook, Amazon, Alibaba, Netflix and Google. So, Mr. Speaker, with those observations I make my contribution end by saying that I am as en-thusiastic and excited by the prospect of the Subm arine Communications Cables Act 2020 piloted by the Deputy Premier as any of us in this House truly must be. Thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker. I certainly wish to thank all of the contributors today who have given their comments of support to the Bill. We are excited by the opportunities that this legislation can bring …
Thank you, Member. Does any other Member wish to speak? Minister.
Hon. Walter H. Roban: Thank you, Mr. Speaker. I certainly wish to thank all of the contributors today who have given their comments of support to the Bill. We are excited by the opportunities that this legislation can bring to the country and it does in my view, Mr. Speaker, satisfy a number of aspirations and objectives that are not only unique to this Government but which have quite already been embraced by the country in a number of key requirements that we as a country face. The issue of economic substance is real. This whole House has passed and supported legislation to ensure t hat we comply with the wider global objectives around this. This Bill seeks to give reality to that. There is nobody who disputes the fact that investment is welcomed in the country from international players. And that the country should be looking to the wider community, the global community, for this investment. And the companies which we are targeting for this legislation are the ones who are household names, the Googles, the Amazons, the Microsofts, and other players in the telecommunications sector, an d others who provide the obvious support to the services that we in this household take advantage of. A number of Members have already, Mr. Speaker, spoken to the realities that we are all here using smartphones. We have tablets. We are moving toward a paperless legislature and in other aspects of Government. Submarine cables are essential to that. We could not do that without the presence of that sort of infrastructure. And right now the world is pushing to require more of it in place. So it is almost lik e a cloud on the horizon that Bermuda, which, I will argue, in its long-standing tradition is preparing for its arrival, in a positive way. Not like the storms that we often have to prepare to face. This is not a storm; this is a trend. This is a movement. This is an economic activity that we are preparing to make sure that Bermuda can take advantage of, just as we have done throughout our history. So, this legislation represents all those things which, obviously, from the response from Members of this Legislature and this House, are fully endorsed. They are endorsed by this House. They are endorsed by all Members of this House. They are clearly e ndorsed by the wider community, as was stated by the Honourable Member who sits for constituency 30 and also for the Member who sits for constituency 4, there was wider consultation. This process started with three pieces of legislation originally, which were put out to the wider i nternational community, as well for public consultation. And with the able work of me mbers of our Attorney General’s Chambers, they were able to consolidate [the three pieces]. Not only, obviously, through their own equity, but also taking the advice that we r eceived from those who we spoke with. So we have a Bill here that represents the best of what Bermuda can offer and what the international community has advised us on as well. As well as our own internal exBermuda House of Assembly pertise that I would argue that Bermuda is merely showing its worth and it is clearly punching above its weight when it comes to this sort of effort. We have been doing well as a country, Mr. Speaker, because we have a process of engagement, publicly and pr ivately around opportunities within the business sector and industries that are present here. I will now go, Mr. Speaker, with th ose comments, and I will have a few other closing comments to make, but I will go to address some of the questions that were raised by Members. One question was talking about regarding the United Nations Convention on the Law of the Sea. This Bill is limit ed, Mr. Speaker, to our own territorial waters and the Law of the Sea Convention would cover the EZ and international w aters. The Submarine Telegraph Act 1885, which is UK legislation, is still in effect and that covers the EZ and the international waters. So, we are consistent with the standing international conventions and traditional legislation within what we have done with this Bill. A couple of questions also came up, Mr. Speaker, concerning landing stations. This is all regulated by the Regulatory Authority. I do not want to get into the details of the Bill, but the Regulatory Authority is the regulator of our telecommunications sector. So any issues concerning the landing stations from a technical standpoint, they would be the first agency that wou ld deal with any of the issues around that. As we get into the details of the Bill, I believe some of the questions will be answered around the issue of landing stations. Because the Bill is very clear, as my Honourable Member who sits for constituency 14, who has considerable experience in this area, made reference to what is in the Bill and the issue of that. There was also a question that came up around companies. The likelihood is, Mr. Speaker, that the companies that we will attract will not be provid ing services in Bermuda. So there will not be a need for them to have an ICOL [integrated communi-cations operating licence] issued by the regulator because we will just be a transit point for their data services, their telecommunication services. So there is not a need for them to acquire an integrated comm unications operating licence. And as it relates to security, those issues of security are covered in the Act. But I would also r epeat, as the Honourable Member from constituency 14 already stated, that we already have a presence in this industry, and we have had for many years. So the issues around security and management and the c apability of what we require to actually host telecom-munications, submarine cables services, Bermuda is already a player in t hat. I would just reference, Mr. Speaker, some years ago there were some reports done about Ber-muda’s integral role in telecommunications and finan-cial services globally. And the very presence of the three cables that we have here now actually makes Bermu da crucial to the wider international financial environment because GlobeNet and the other companies have those cables here. A lot of the traffic that deals with those services transit Bermuda right into the US. So, our presence . . . those major players a lready find Bermuda reliable from the standpoint of data management, security, and some of the things that were raised. So we are already there. We are not entering this space with not already having a track record. It is not new to us. We are just advanci ng future opportunities that we might have in this. I think some of these questions have already been answered. There are actually two landing st ations already established and they have been trad itional landing stations with submarine cables for many, man y years. That area will remain. And as I said, as we get into the Bill, Mr. Speaker, those details will become clear to Members as well. With that, Mr. Speaker, there were some other comments . . . yes. One of the other [questions] is, How many possible c ables? Well, for the area that we have, possibly five or six cables might be able to be . . . probably can be contained within the existing zone that we have established due to . . . as I said, we took, I would say, a very progressive approach and responsible approach to this. We did not seek to just create legislation that would allow cables to come in here. We did a lot of research and study. We did a desktop study which took in, as my Statement said, all the environmental factors and m arine factors. So the zone which has been established, Mr. Speaker, clearly can only accommodate––based on what will be responsible environmentally and within our own standards, and high standards of operation–– there are about five or six cables that might be able to be pr operly received through the established zone. [There was] a lot of local consultation because we respect our fishermen. We respect the people in Bermuda who use the marine environment and desire for it to be used responsibly. They were all part of the process of consultation in this.
[Inaudible interjection]
Hon. Walter H. Roban: Five or six cables. Okay, from the standpoint of the environment and management it is likely we will be looking to receive five or six cables within the zone.
The SpeakerThe SpeakerMm-hmm. Hon. Walter H. Roban: Mr. Speaker, with that I think I have answered most of the questioning that will come. As other Members have said, in the Committee stage is when many will have more questions. So I would now move, Mr. Speaker, that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Honourable Member Swan, would you mind taking the Chair for us and taking us into Committee? 3018 14 February 2020 Official Hansard Report Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: On my way.
The SpeakerThe SpeakerYes. House in Committee at 5 :36 pm [Mr. Hubert (Kim) E. Swan , Chairman] COMMITTEE ON BILL SUBMARINE COMMUNICATIONS CABLES ACT 2020
The ChairmanChairmanMembers, we are in Committee of the whole [House] to consider the Submarine C ommunications Cables Act 2020 under the name of the Mini ster, Deputy Premier. You have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. There are 80 clauses to this Bill with attached Schedules. What …
Members, we are in Committee of the whole [House] to consider the Submarine C ommunications Cables Act 2020 under the name of the Mini ster, Deputy Premier. You have the floor.
Hon. Walter H. Roban: Thank you, Mr. Chairman. There are 80 clauses to this Bill with attached Schedules. What I would like to do, Mr. Chairman, is to do this in tranches. [Clauses] 1 through 20 and then [clauses] 21 through 39, because there have been a few amendments proposed which have been handed to the Clerk and I would hope that they have been distributed appropriately.
[Crosstalk]
Hon. Walter H. R oban: I know that we have digital tools now for that, but it was submitted to the Clerk’s Office and I do hope that Members have those . . .
[Inaudible interjections]
The ChairmanChairmanIt has been moved that — Hon. Walter H. Roban: I just wanted to make you aware, and I will address those. It is like halfway b etween my submission, Mr. Chairman. So there is time to get things organised if Members do not have them.
The ChairmanChairmanYes. Hon. Walter H. Roban: So we are not going to do them right now. It is half way through the Bill.
The ChairmanChairmanAre there any objections to the Mini ster proceeding with Submarine Cables? No objections. Continue, Minister. Hon. Walter H. Roban: Okay. Thank you, Mr. Chai rman. This Bill will provide for the protection of submarine communications cables and establish a submarine communications cables industry for Bermuda by way of a …
The ChairmanChairmanMinister, you said you were going to move in tranches. Could you tell us which ones we are going to do? Hon. Walter H. Roban: I thought I did that. My apol ogies, Mr. Chairman.
The ChairmanChairmanI’m sorry. I did not hear. Hon. Walter H. Roban: [Clauses] 1 through 20, I would like to start with. And then [clauses] 21 through 39.
The ChairmanChairmanThank you. Continue on. Hon. Walter H. Roban: Is that okay with everyone?
The ChairmanChairmanYes. Hon. Walter H. Roban: Okay. Clause 1 is self -explanatory. Clause 2 gives definitions and provides for the interpretation of the Bill. Clause 3 gives its relationship with the Regulatory Authority Act 2011. Clause 4 gives its relationship with the Electronic Communications Act 2011. Clause 5 provides that the …
Yes. Hon. Walter H. Roban: Okay. Clause 1 is self -explanatory. Clause 2 gives definitions and provides for the interpretation of the Bill. Clause 3 gives its relationship with the Regulatory Authority Act 2011. Clause 4 gives its relationship with the Electronic Communications Act 2011. Clause 5 provides that the Bill applies to the submarine communications cables sector including the installation, operation and protection of submarine cables within the territorial waters of Bermuda. Clause 6 sets out the purposes of the Bill. Clause 7 gives the functions of the Minister responsible for telecommunications. Clause 8 provides for the Minister to give Mi nisterial directions. Clause 9 provides for the Minister, by Minist erial directions, to set priorities and resolve trade- offs or conflicts that arise from the purposes of the Bill. Clause 10 provides for the publication of Mi nisterial directions. Clause 11 provides for the Minister to request information and technical advice [ from] the Regulatory Authority [RA]. Clause 12 gives the functions of the Authority. Clause 13 provides for general directions and delegations by the Minister to the Authority. Clause 14 provides for the making of Regul atory Authority fees. Clause 15 provides for the making of Go vernment authorization fees for authorizations. Clause 16 [establishes ] a protection zone, the boundaries of which are dem arcated in Schedule 1,
Bermuda House of Assembly and allows the Minister, by Regulations, to adjust the boundaries and establish new protection zones. Clause 17 provides for the Authority to make recommendations to the Minister regarding the desi gnation of protection zones. Clause 18 creates prohibited and restricted activities, which are listed in Schedule 2, and allows the Minister, by regulations, to amend that Schedule. Clause 19 provides that if the Minister is not also the Minister responsible for the environment, he must cons ult with the Minister responsible for the env ironment before making any Regulations under clauses 16 or 18, and have regard to any advice or recommendations provided by that Minister. Clause 20 makes it an offence to damage a submarine cable in a protection zone. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Does any other Member care to speak to clauses 1 through 20 of the Submarine Communic ations Cables Act 2020? I recognise the Deputy Opposition Leader. You have the floor.
Ms. Leah K. ScottThank you, Mr. Chairman. I have a question on page 5, under the definitions, international agreement. As I said earlier, I u nderstand the United Nations Convention on the Law of the Sea is an agreement that is entered in by the UK and, by extensi on, it includes Bermuda. …
Thank you, Mr. Chairman. I have a question on page 5, under the definitions, international agreement. As I said earlier, I u nderstand the United Nations Convention on the Law of the Sea is an agreement that is entered in by the UK and, by extensi on, it includes Bermuda. My question is, if there is an offence that is committed in Bermuda that pertains to that agre ement, how is it handled?
The ChairmanChairmanDoes any other Member wish to speak to—
Ms. Leah K. ScottI have more. Do you want to do them all at once or . . .
Ms. Leah K. ScottI think I am going to have to refer him to the pages and he is not there, so.
The ChairmanChairmanOkay. And we are considering the Submarine Communications Cables Act 2020. We are in Committee. We have gone through clauses 1 through 20. And the Deputy Opposition Leader has asked a question pertaining to international agreement. Minister, would you like to answer these questions as they are presented or would …
Okay. And we are considering the Submarine Communications Cables Act 2020. We are in Committee. We have gone through clauses 1 through 20. And the Deputy Opposition Leader has asked a question pertaining to international agreement. Minister, would you like to answer these questions as they are presented or would you— Hon. Walter H. Roban: I will answer this question as it has been presented by the Honourable Member.
The Cha irman: Continue on.
Hon. Walter H. Roban: The reason there is a reference to the international agreement in the clause is because anyone who is entering into the protection zone is coming out of international waters so they must adhere to the Convention as they are coming out of international waters into the territorial waters. So the Convention is mentioned there so they know that as they are coming out of international waters they must adhere to the rules of the Convention and the appropriate legislation .
The ChairmanChairmanThe floor recognises the Deputy O pposition Leader. Honourable Member, you have the floor.
Ms. Leah K. ScottOn page 7, under Functions of the Minister, there was reference to Mi nisterial dire ction. And “Ministerial” is capitalised so is that intended to be a defined term? And if it is, what is it?
The ChairmanChairmanAs it relates to the second question, Ministerial direction, clause 8, page 7. Minister, you have the floor. I recognise the Minister. Hon. Walter H. Roban: It is going to be an interesting debate. The reference to “Ministerial direction” as it is termed in the Act is directly as how …
As it relates to the second question, Ministerial direction, clause 8, page 7. Minister, you have the floor. I recognise the Minister.
Hon. Walter H. Roban: It is going to be an interesting debate. The reference to “Ministerial direction” as it is termed in the Act is directly as how it is referenced in the Regulatory Act because that is where the power of Ministerial direction originates. So if you go to page 12 in the Regulatory Act of 2011, you will see the description of Ministerial direction there, and how it is termed here is the same as in the original Act.
Ms. Leah K. ScottOkay. Well, shouldn’t there be a reference in this legislation that would take me back to Regulatory Act so that I would know to look there to find Ministerial direction? Hon. Walter H. Roban: It is. It is. 3020 14 February 2020 Official Hansard Report Bermuda House of Assembly Ms. …
Okay. Well, shouldn’t there be a reference in this legislation that would take me back to Regulatory Act so that I would know to look there to find Ministerial direction?
Hon. Walter H. Roban: It is. It is.
3020 14 February 2020 Official Hansard Report
Bermuda House of Assembly Ms. Leah K. Scott: It is? Oh, okay.
Hon. Walter H. Roban: It is, yes. The Chair man: Okay. Deputy Opposition Leader, you have the floor.
Ms. Leah K. ScottThank you. On page 8, under Trade- offs, and clause— Hon. Walter H. Roban: Just to clarify, clause 3 of the Bill makes reference to the relationship with the Regulatory Act 2011. So the reference is there.
Ms. Leah K. ScottFair, but that does not tell me that there is where I would find the definition of Ministerial direction. Hon. Walter H. Roban: Okay, well, it is consistent, but we will take your observation under advisement. Okay?
Ms. Leah K. ScottOn page 8, under clause 9, Trade- offs, the Minister is the only person that can set the priorities and resolve trade- offs or conflicts. Is there not going to be any consultation with anybody else to determine what best serves the public interest besides the Minister? Hon. Walter H. …
On page 8, under clause 9, Trade- offs, the Minister is the only person that can set the priorities and resolve trade- offs or conflicts. Is there not going to be any consultation with anybody else to determine what best serves the public interest besides the Minister?
Hon. Walter H. Roban: Honourable Member, can you . . . which clause are you referencing?
The ChairmanChairmanMadam, as a suggestion, it might be helpful if you asked all your questions and then the Minister could probably get the responses and start . . . on any one that you are not satisfied with you could then—
Ms. Leah K. ScottWell, if he is asking them questions and I am making reference to pages and he is asking them questions then he is not going to know what I am talking about.
The ChairmanChairmanOkay. Hon. Walter H. Roban: Mr. Chairman, in answer to the Member’s question, if she looks in [clause] 9, and reads further into (2), it is the duty of the Minister in determining the public interest that “the Minister shall, in addition to considering Government policy,” also consider “public comments, …
Ms. Leah K. ScottOkay. Fair enough. Hon. Walter H. Roban: And the Authority being the RA and I think that makes it pretty clear.
Ms. Leah K. ScottPage 9, under clause 12, Functions of the Authority. Under clause12(2)(c), “ the making of administrative determinations under this Act ;”. If there is a time where the Ministerial directions conflict with administrative determinations, which one trumps? Hon. Walter H. Roban : I think I can give an answer to …
Page 9, under clause 12, Functions of the Authority. Under clause12(2)(c), “ the making of administrative determinations under this Act ;”. If there is a time where the Ministerial directions conflict with administrative determinations, which one trumps? Hon. Walter H. Roban : I think I can give an answer to this, but I will get further technical direction. This is the language, when it says “functions [of the] Authority” this is the Regulatory Authority. So the whole [question] how “administers determinations” [works], thes e are usually ones that are given by the Authority itself to the industry, whereas directions come from myself to the Authority. So, any administr ative directions will come from them to the appropriate licensed body which is the cable operator, or there. S o that is where that [is]. So my directions will be Minist erial directions —
Ms. Leah K. ScottTo the Authority. Hon. Walter H. Roban: —to the Authority. And then the Authority, based on my directions, will give the administrative directions to the actual licensed body.
Ms. Leah K. ScottOn page 12, clause 20, I do not know the best way to . . . on page 4 there is a defin ition that says, “ ‘engage in conduct ’ means to do an act or omit to do an act .” And then if you go to page …
On page 12, clause 20, I do not know the best way to . . . on page 4 there is a defin ition that says, “ ‘engage in conduct ’ means to do an act or omit to do an act .” And then if you go to page 12, clause 20, it reads, “ A person commits an offence if—the person engages in conduct ;”.
An Hon. Member An Hon. MemberThat’s my question.
Ms. Leah K. ScottSo it looks like you have two di fferent . . . committing an offence. I would think that engaging in conduct is actually committing the of-fence, so would it not be better to say “a person engages in conduct” and then have the [definition] “e ngages in conduct means …
So it looks like you have two di fferent . . . committing an offence. I would think that engaging in conduct is actually committing the of-fence, so would it not be better to say “a person engages in conduct” and then have the [definition] “e ngages in conduct means any offence against this Leg-islation or any omission that causes them to be in c ontravention of the Legislation”? It just seems like it is
Bermuda House of Assembly just . . . it should be one or the other. And “engaging in conduct” really does not have a definition.
The ChairmanChairmanWe are considering the Submarine Communications Cables Act 2020. The Deputy Opp osition Leader has put a question forward with regard the definition under the Preliminary, Part 1, “engage in conduct” which is referred to on page 12, [clause] 20, Damaging submarine cable. Minister. Hon. Walter H. Roban: To address …
We are considering the Submarine Communications Cables Act 2020. The Deputy Opp osition Leader has put a question forward with regard the definition under the Preliminary, Part 1, “engage in conduct” which is referred to on page 12, [clause] 20, Damaging submarine cable. Minister.
Hon. Walter H. Roban: To address directly the issue that the Honourable Member raises in . . . you are r eferring to . . .
Ms. Leah K. ScottWell, it is going to without — Hon. Walter H. Roban: Clause?
Ms. Leah K. ScottYes, clause 20, at this point. Clause 20(a). Hon. Walter H. Roban: [Clause] 20(a). Conduct could be an act that one commits or even not committing, it could be either or.
Ms. Leah K. ScottI understand that. Hon. Walter H. Roban: It means that you do not do something that you should do. Or you do something that you should not do.
Ms. Leah K. ScottRight. I understand that. But what I am saying is, rather than saying a person . . . it is almost like you have got a double negative. You have got a person commits an offence, if the person engages in conduct. You definition is, “engage in conduct” means to …
Right. I understand that. But what I am saying is, rather than saying a person . . . it is almost like you have got a double negative. You have got a person commits an offence, if the person engages in conduct. You definition is, “engage in conduct” means to do something or not do something. So would it not be better to have a clear definition of engaging in conduct? So, engaging in conduct means . . . or a person comm its an offence if the conduct is “X.” If you have got both of them here, to me, I am looking for something more than what “engaging in conduct” is, as defined here. A person commits an offence if they cut a cable. A person commits . . . so the first thing a person has to do is engage in conduct. And then you go back and look at conduct and engage in conduct means to do an act. What is the act?
Hon. Walter H. Roban: The act could be doing som ething and also not doing something. That is what the act could be.
Ms. Leah K. ScottRight. But what is that act that makes it in contravention of this? Hon. Walter H. Roban: It could be damaging the c able, it could be not carrying out proper inspections as you have perhaps committed to doing in your agreement. It could also be doing something that is …
Right. But what is that act that makes it in contravention of this?
Hon. Walter H. Roban: It could be damaging the c able, it could be not carrying out proper inspections as you have perhaps committed to doing in your agreement. It could also be doing something that is wrong, but also not doing something that you committed to doing.
Ms. Leah K. ScottRight. So I do not know if I were going to be a provider if I would want . . . this is very broad. Hon. Walter H. Roban: Well, all I can say is . . . I mean, obviously, I appreciate the Member is —
The ChairmanChairmanJust one minute, Minister. The Chair recognises the Honourable and Learned Member from constituency 36. Minister Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Chairman. So, Mr. Chairman, I heard the Deputy Oppos ition Leader’s reference to the definition section of “conduct” first. That is what …
Just one minute, Minister. The Chair recognises the Honourable and Learned Member from constituency 36. Minister Scott, you have the floor.
Hon. Michael J. Scott: Thank you, Mr. Chairman. So, Mr. Chairman, I heard the Deputy Oppos ition Leader’s reference to the definition section of “conduct” first. That is what she referred to. “Engage in conduct” means to do an act or to omit to do an act. So that is simply statutory language that defines that conduct is both an omission or commission. So that is fine. It just guides you. That conduct represents just an all . . . offences, omissions and commissions. And then under [clause] 20, the major heading is Protection Zones, [Part 4]. Then it moves to Damaging submarine cables, so the conduct is specifically now focused upon damaging submarine cables. It is not that broad. As a matter of fact, it is brought to a very narrow construct of damaging submarine cables and then the offence is described as you commit the offence by engaging in conduct, either by act or by omission, or the conduct, it gets a little more specific, results in damaging a cable. And it is also an offence if in addition to or just singularly the cable is damaged in a protection zone. So, reading it step- by-step you see that there is really a focus on damaging, a conduct that relates to damaging a submarine cable. That is the inten dment of the section, to deal with and give us guidance on damaging cables by conduct. By act of omission, dropping your . . . trailing your anchor and breaking it, or doing something that you should not do in a protec-tion zone. As I read it, it is just a step -by-step piece of statutory language that helps to guide us to what co nstitutes, in a protection zone, damaging cables that are running through it, as they are going to, no doubt, run through protected zones.
The ChairmanChairmanDoes any other Member care to speak? 3022 14 February 2020 Official Hansard Report Bermuda House of Assembly The Honourable Member Mr. Simons, from constituency 8, I believe.
Mr. N. H. Cole Simons[Constituency] 8. Just one question. I would like to refer the Minister to page 6, [clause] 5. My question is this: How will the cable r epair companies, underwater cable repair companies, be covered under this application form? Becaus e you can have a local cable repair company, and you …
[Constituency] 8. Just one question. I would like to refer the Minister to page 6, [clause] 5. My question is this: How will the cable r epair companies, underwater cable repair companies, be covered under this application form? Becaus e you can have a local cable repair company, and you may have an international cable repair company. And so my question is, Would they have to be covered under this application form? Because they are not carriers. They just provide a service of repairing c ables. And so how will they be covered? And will there be a differentiation between Bermuda underwater cable repair companies and exempt or international underwater cable repair companies that are domiciled in Bermuda.
The ChairmanChairmanWhich clause was tha t, Mr. Simons?
The ChairmanChairmanThank you. Any other Member? Yes, Honourable Member Mrs. GordonPamplin. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. I just wanted to go back to the clause 20 on page 12.
The ChairmanChairmanPage 12, yes. Hon. Patricia J. Gordon -Pamplin: And that is, I u nderstand from an English perspective, would it not make better sense if we say in [clause] 20, “ A person commits an offence if — (a) the person engages in conduct which results in damage to a …
Page 12, yes.
Hon. Patricia J. Gordon -Pamplin: And that is, I u nderstand from an English perspective, would it not make better sense if we say in [clause] 20, “ A person commits an offence if — (a) the person engages in conduct which results in damage to a submarine c able;” (as opposed to a person engaging in conduct — stop—if it results in —
Hon. Walter H. Roban: Well, that is in [clause]20(b).
Hon. Patricia J. Gordon -Pamplin: Well, I am saying, eliminate (a) and merge (a) and (b) together. So in other words, if a person engages in conduct which results in damage to a submarine cable, and if the cable in is a protection zone, then that is an offence. But “engaging in conduct” seems to be left hanging.
[Inaudible interjections]
Hon. P atricia J. Gordon -Pamplin: Yes, it is just the way it reads. And I just wondered if we— [Crosstalk]
Ms. Leah K. ScottThe way it reads now is that the person has to engage in conduct first before an offence occurs. So he has got to engage in the conduc t and then that conduct has to result in . . . as opposed to saying the person commits an offence if …
The way it reads now is that the person has to engage in conduct first before an offence occurs. So he has got to engage in the conduc t and then that conduct has to result in . . . as opposed to saying the person commits an offence if they cut a cable. A person commits an offence if when they cut the cable it is in a protected zone. So it almost like they have got steps to take. They hav e got to commit the offence and then the offence has to be noted as opposed to just saying what the offence is.
[Inaudible interjections]
The ChairmanChairmanPlease address the Chair. The Chair recognises the Member from constituency 36. Hon. Michael J. Scott: Yes, I see the difficulty the Members may be having, and I think the answer to the question can be given by either Madam Permanent Secretary or the Parliamentary Counsel whether these offences (a), …
Please address the Chair. The Chair recognises the Member from constituency 36.
Hon. Michael J. Scott: Yes, I see the difficulty the Members may be having, and I think the answer to the question can be given by either Madam Permanent Secretary or the Parliamentary Counsel whether these offences (a), (b) and (c) are . . . are . . . what is the word? Whether they are inclusive or are they excl usive. Can you commit the . . . are the offences being described cumulative, like conduct, is separate from (b), conduct that results in damage and (c) the cable is in a protected zone. Are they to be read together as one offence? I think that is what we are trying to establish, or if that is the intent of the draftsmen.
Mr. N. H. Cole SimonsThank you. Just for clarification, I direct the Minister to “Ministerial direction.” And [claus e] 8(1) says, “ The Minister may, . . . issue Ministerial directions to the Authority regarding—(a) protecting national security interests . . . .” (I accept that.) [Clause 8(1)(b)] “ securing compliance with . . …
Thank you. Just for clarification, I direct the Minister to “Ministerial direction.” And [claus e] 8(1) says, “ The Minister may, . . . issue Ministerial directions to the Authority regarding—(a) protecting national security interests . . . .” (I accept that.) [Clause 8(1)(b)] “ securing compliance with . . . international obligations; ”. (I accept that .) [Clause 8(1)(c)], I accept that. [Clause 8(1)(d)], I accept. Now, [Clause 8(1)(e)], it says, “ any other matter within his authority respecting the submarine communications cables sector. ” I find this is broad. Can the Minister give us an example of when he would use that option, as far as giving Ministerial direction? Because there are no guidelines here. I would just like to have further clarity of when this will be used.
The ChairmanChairmanOkay, Minister, there is Mr. Simons’s question and there is also the matter that we were discussing which — Hon. Walter H. Roban: Yes, there is a lot of jumping back and forth. Bermuda House of Assembly The Chairman: Yes, and it would help if persons would address the Chair. …
The ChairmanChairmanIt would help if persons address the Chair. Hon. Walter H. Roban: I will do my best to try and be systemic with my answers because Member s have jumped back and forth on a number of things. I will do my best and I will do my best to …
It would help if persons address the Chair. Hon. Walter H. Roban: I will do my best to try and be systemic with my answers because Member s have jumped back and forth on a number of things. I will do my best and I will do my best to be systematic in my answers. Now, to the Member who was back at [clause] 5, these will be companies that will be provi ding a service to the licensed cable operator, okay? Right, so they are . . . it is like somebody who pr ovides support services to Digicel which is a licensed provider. They may not be licensed by us to provide the service they do to Digicel, but they are providing a maintenance service to Digicel.
Mr. N. H. Cole SimonsThat is my question. Hon. Walter H. Roban: But those companies we do not license. If somebody is providing, like CCS provi ding cable services to Digicel, who is a licensed ICOL provider, we do not govern Digicel. So I think . . .
Mr. N. H. Cole SimonsThat answered the question. Hon. Walter H. Roban: Ok, so yes. I hope that helps. Now, going forth from [clause] 5, if Member s can be patient, I will go to the issue in [clause] 20— is that the next one?
The ChairmanChairmanYes. Hon. Walter H. Roban: In taking advice from the draftsperson, this is written in the best way to . . . having it all in one sentence was not, from a drafting standpoint, efficient or effective. It is written this way so that, to be as effective as it …
Yes.
Hon. Walter H. Roban: In taking advice from the draftsperson, this is written in the best way to . . . having it all in one sentence was not, from a drafting standpoint, efficient or effective. It is written this way so that, to be as effective as it can be for this partic ular clause relating to damaging submarine cables. I think Member s are trying to say, w ell, the clause would be written in a preventative way to stop anything that might . . . so it is clear as to what conduct is, might be, so it can be a preventative- type clause. But, yes, it is a clause if somebody damages . . . it says, “Damaging submarine cable. A person commit s an offence if —(a) the person engages in conduct;” (that would damage the cable) “(b) the conduct results in” (if the conduct results in damage” . . . Now, damaging the cable could result by somebody doing something, but also by not doing something. Not adhering to an actual maintenance schedule which is outlined in their licence. Those licences have not been written yet so I cannot tell you what that might look like and I will leave that up to technical people to sort of characterise that because they know the types of actions or non -actions that could actually result in damage or risk to the cable. So, I think we cannot get too far ahead of ourselves unless we know exactly what might be . . . clearly, I would think that the technical people would know w hat type of conduct would bring this damage or risk that we are seeking to, in a general way, envelop in this clause. I hope that is helpful, but this is written in a way (taking advice from technical people) that best accommodates what we think. And, of course, this is new territory from the standpoint of [the fact] we might find we need to come back and add something very specific based on technical advice we get from industry or from those who have to manage this process. I will stop there.
Ms. Leah K. ScottSo, that is a fair description. But I was just thinking . . . and I am not suggesting an amendment on the floor, but rather than having “engage in conduct” I would have as a definition “commits an offence.” So, “commits an offence” is a person w ho engages …
So, that is a fair description. But I was just thinking . . . and I am not suggesting an amendment on the floor, but rather than having “engage in conduct” I would have as a definition “commits an offence.” So, “commits an offence” is a person w ho engages in conduct that means . . . engages in conduct that is or commits an act or omits an act. And then when you say a person “commits an offence” then you can eliminate “a” and say a person commits an offence if the conduct results in damage or the cable is in a protection zone. So, switching the definitions —so you define “commits an offence” rather than “engage in conduct.”
Hon. Walter H. Roban: Ok, we will take a look and if we need to come back and make a change, we will do that. This is . . . all right . . . thank you, thank you Member s for your contributions.
The ChairmanChairmanDoes any other Member care to speak to clauses 1 through 20? No? Okay, would you like to move— Hon. Walter H. Roban: Yes, I would like to move those 20 clauses and move on to the next set.
The ChairmanChairmanYes. Hon. Walter H. Roban: If there is no objection, we can move those 20 clauses.
The ChairmanChairmanIt has been proposed . . . no objection? Clauses 1 through 20 have been approved. [Motion carried: Clauses 1 through 20 passed.]
The ChairmanChairmanWould you like to move the next tranche of clauses, Minister ? 3024 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: Yes, thank you, Mr. Chai rman. Thank you to everybody’s contributions as well. I now move clauses 21 through 39, Mr. Chairman.
The ChairmanChairmanAre th ere any objections? No objections. Continue, Minister . Hon. Walter H. Roban: Clause 21 establishes d efence to the offence of damaging a submarine cable. Clause 22 provides for an offence by the master or owner of a vessel who permits another person to use his vessel, where …
Are th ere any objections? No objections. Continue, Minister .
Hon. Walter H. Roban: Clause 21 establishes d efence to the offence of damaging a submarine cable. Clause 22 provides for an offence by the master or owner of a vessel who permits another person to use his vessel, where the other person commits an offence under clause 20. Clause 23 makes it an offence to engage in any prohibited or restricted activity. Clause 24 provides for an aggravated offence of engaging in prohibited or restricted activities where the person committing the offence engages in the prohibited or restricted activity with the intention of making a commercial gain. Clause 25 establishes defences to offences of engaging in prohibited or restricted activities. Clause 26 provides for an offence by the master or owner of the vessel who permits another person to use his vessel, where the other person commits an offence against clause 23 or 24. Clause 27 gives the penalties of offence under clauses 20, 22, 23, 24 and 26. Clause 28 provides for a person who suffers loss or damage to claim damages from another person who damages a submarine cable in a protection zone, or engages in a prohibited or restricted activity in a protection zone. (That was clause 28.) Clause 29 provides that in certain cir cumstances the owner of a vessel is entitled to be indem-nified by the person responsible for the submarine cable for the loss of an anchor, et cetera, that was sacrificed to avoid damaging a submarine cable in a protection zone. Clause 30 provides for an application for a protection zone installation permit to install a subm arine cable. Clause 31 provides for the Authority to require the applicant to give a consultancy deposit in respect of the application for the permit. Clause 32 provides for the form of application, et cetera. Clause 33 provides that the application must be accompanied by the prescribed fees. Clause 34 provides for the withdrawal of an application and the submission of a new application. Clause 35 requires that the applicant —I am sorry —clause 35 requires the applicant to notify the Authority of a change of circumstances relating to the information set out in the application. Clause 36 provides for the Authority to r equest further information from the applicant about the application. Claus e 37 provides that the Authority must consult certain persons before making a decision on an application—(that might give some answer to an earlier question, I think, about why the consultation . . . those bodies have to consult or even the Minister has to consult with other bodies) —and sets out the procedure and time frame to be followed. Clause 38 provides for the grant or refusal of a permit. Clause 39 sets out matters to which the A uthority must have regard in deciding whether to grant a permit. I will stop there, Mr. Speaker —Mr. Chairman, sorry.
The ChairmanChairmanYes, we are considering the Subm arine Communications Cables Act 2020 and the Minister has just moved and spoken to clauses 21 through 39. The Chair recognises the Honourable and Learned Member , the Deputy Opposition Leader.
Ms. Leah K. ScottThank you, Mr. Chairman. On page 15, clause 29, under Indemnity for loss of anchor under UNCLOS [United Nations Convention on the Law of the Sea], and I know that it is extended to the UK, but under UNCLOS it is custo mary practice for the telecommunications company to indemnify …
Thank you, Mr. Chairman. On page 15, clause 29, under Indemnity for loss of anchor under UNCLOS [United Nations Convention on the Law of the Sea], and I know that it is extended to the UK, but under UNCLOS it is custo mary practice for the telecommunications company to indemnify and reimburse a vessel if the fishing gear or anchor is sacrificed to avoid damage to a cable. In this case, who is providing the indemnity? And then on that same page, same clause 29 . . .
Ms. Leah K. ScottThe last sentence, if “the owner of the vessel is entitled to be indemnified for that loss by the person responsible for the submarine cable” —and I am assuming it is the company that is actually — Hon. Walter H. Roban: Yes—
Ms. Leah K. ScottOkay, yes. Hon. Walter H. Roban: —they were going to indemnify, yes. That answers your question.
Ms. Leah K. ScottYes, okay. And then on page 18, clause 37(3), “Within 15 business days after the day on which the person r eceives a copy of the application from the Authority” — so is the person [the same as] the persons that are in (a) through (i) listed above? Okay. Bermuda …
Yes, okay. And then on page 18, clause 37(3), “Within 15 business days after the day on which the person r eceives a copy of the application from the Authority” — so is the person [the same as] the persons that are in (a) through (i) listed above? Okay.
Bermuda House of Assembly Those are the only two questions I had on that. Thank you.
The ChairmanChairmanAny other Member care to speak? The Honourable Member Mr. Simons.
The ChairmanChairmanTurn on your [microphone], Mr. Simons.
Mr. N. H. Cole SimonsI would like to refer the Minister back to [clause] 29 and it is 29(a), it says “after all reasonable precautionary measures . . .”. How would one enforce that or define what is meant by all reasonable precautionary measures? And then the question that I have in regard to …
I would like to refer the Minister back to [clause] 29 and it is 29(a), it says “after all reasonable precautionary measures . . .”. How would one enforce that or define what is meant by all reasonable precautionary measures? And then the question that I have in regard to the last sent ence, in regard to the owner of the submarine cable indemnifying the vessel who got tangled in, whose anchor got tangled in the cable. How does this section address the issue if the fishing vessel, or the captain of the fishing vessel . . . [if] negligence, professional negligence or negligent seamanship, r esulted in his anchor or fishing gear getting caught in a cable, a submarine cable? I would think that under these negligent circumstances the cable owner would not be liable for indemnity. Can the Minist er confirm?
The ChairmanChairmanAny other Member care to speak to clauses 21 to 39?
Ms. Leah K. ScottThank you. On page 18, clause 37(1), “Before making a decision . . . the Authority shall consult” the various people in (a) through [(h)]. What do you do in the event that there is not unanimity amongst these pe ople? Is there a majority that takes it? Is there …
Thank you. On page 18, clause 37(1), “Before making a decision . . . the Authority shall consult” the various people in (a) through [(h)]. What do you do in the event that there is not unanimity amongst these pe ople? Is there a majority that takes it? Is there . . . how do you resolve any issues where there is not unanim ity?
The ChairmanChairmanAny other Member care to speak to clauses 21 through 39? Minister? Hon. Walter H. Roban: Again, in an effort to be sy stematic, I believe the first . . . because some of your questions were already answered, the previous ones that you raised, right? So, I think the …
Any other Member care to speak to clauses 21 through 39? Minister?
Hon. Walter H. Roban: Again, in an effort to be sy stematic, I believe the first . . . because some of your questions were already answered, the previous ones that you raised, right? So, I think the issue is around [clause] 29, the matter around all reasonable and pr ecautionary measures were taken. I think we can . . . it is fair to say that if it is clear even though damage was perhaps . . . may have been accid entally . . . okay, conflicted, but if it is clear that the fishermen made every effort to avoid it, then the indemnification is pr ovided. It would like kick in. [Inaudible interjections]
Hon. Walter H. Roban: The owner of the cable.
[Inaudible interjections] Hon. Walter H. Roban: Yes, the owner of the cable
Mr. N. H. Cole SimonsBut what if he is negligent? Hon. Walter H. Roban: I think I have answered the question to that.
The ChairmanChairmanAddress the Chair. Hon. Walter H. Roban: I mean, if it is evident, Mr. Chairman, if he is negligent, then no indemnity will be given. It will be clear from the investigation—
The ChairmanChairmanMr. Simons did not address the Chair, so it is — Hon. Walter H. Roban: Well, I am addressing the Chair —
The ChairmanChairmanOkay, yes. [Laughter] Hon. Walter H. Roban: —to help Mr. Simons ensure that . . . I can give him an answer, Mr. Chairman, is that negligence clearly . . . if it is clear there was ne gligence, because negligence and law . . . I think there are …
The ChairmanChairmanIt is covered by — Hon. Walter H. Roban: —knows what negligence . . . I think the clauses I have already mentioned cover, if you are negligent you will be subject to penalty.
The ChairmanChairmanYes. Hon. Walter H. Roban: Right? That per son would not have any — [Inaudible interjections] Hon. Walter H. Roban: Yes, they would have no i ndemnification, if it is clear from the investigation done by those who would be carrying it out that there was negligence. But, unlike the …
Yes.
Hon. Walter H. Roban: Right? That per son would not have any —
[Inaudible interjections] Hon. Walter H. Roban: Yes, they would have no i ndemnification, if it is clear from the investigation done by those who would be carrying it out that there was negligence. But, unlike the other side, if th e person took every measure, reasonable measure, precautionary measure possible, to avoid giving damage and it still happened, that should be clear from the actual 3026 14 February 2020 Official Hansard Report
Bermuda House of Assembly investigation and that is where the indemnification by the owner . . . which, presumably, th ese cable companies would have insurance. And that is where the indemnification would kick in and the person . . . and there will be coverage for any damage.
[Inaudible interjections] Hon. Walter H. Roban: All right.
The ChairmanChairmanThank you. Thank you, Minister . [Crosstalk and laughter]
The ChairmanChairmanAddress, address, address the Chair. Hon. Walter H. Roban: I am not a lawyer and I do not play one on TV or in the legislature. [Laughter]
The ChairmanChairmanDoes any other Member care to speak to clauses 21 through 39? There being none, Minister , would you like to move those clauses? Hon. Walter H. Roban: If it pleases you, Mr. Chai rman, I would like to move those clauses, from 21 through 39.
The ChairmanChairmanIt has been moved that clauses 21 through 39 be approved. Are there any objections? No objections. [Motion carried: Clauses 2 1 through 39 passed.]
The ChairmanChairmanContinue on, Minister. If you could move the next tranche of clauses. Hon. Walter H. Roban: Thank you, Mr. Chairman. It is always good when we can have a few laughs around doing some serious business because everybody’s job here is serious to them so I apprec iate the little …
Continue on, Minister. If you could move the next tranche of clauses. Hon. Walter H. Roban: Thank you, Mr. Chairman. It is always good when we can have a few laughs around doing some serious business because everybody’s job here is serious to them so I apprec iate the little laughter we can bring each other with a little bit of this stuff. And I know everybody is serious here about the work that they do. I would now like to move forward. As I stated earlier, there is an amendment that we would like to table for clause 40 and I would like to move an amendment to clause 44 by deleting—and if I can just give Member s guidance—
The ChairmanChairmanHas it been circulated, Honourable Member? Hon. Walter H. Roban: It— [Inaudible interjections] AMENDMENT TO CLAUSE 40 Hon. Walter H. Roban: All right, let me just give Members’ guidance, because I do not mind taking time to give a bit of guidance here. If you go on page 20, it …
Has it been circulated, Honourable Member?
Hon. Walter H. Roban: It— [Inaudible interjections] AMENDMENT TO CLAUSE 40
Hon. Walter H. Roban: All right, let me just give Members’ guidance, because I do not mind taking time to give a bit of guidance here. If you go on page 20, it is under the clause “Refusal of permit: public safety” [clause 40](4) and the change is deleting “an applicant” and you will see the word “an applicant” is on the second line, at the end of the second line of that [subclause] ( 4), so deleting “an applicant” and substituting that with “the A uthority” —exchanging that out. I hope that is helpful. And I can read the clause if it will be helpful to people where it says [in clause] 40(4), “Where an application for a protection zone installation permit is pending, at the time when the Minister responsible for national security gives a direction to the Authority un-der this section, then the application lapses.” That is how it should read. That is also to obviously benefit those who are listening in who do not have the benefit of the tools we have here. I hope that is helpful and I do hope that the house will see fit to approve that amendment.
The ChairmanChairmanWould you like to move that amendment? Hon. Walter H. Roban: I would like to move that amendment.
The ChairmanChairmanIt has been moved that clause 40(4) be amended by deleting “an applicant” as read and substituting “the Authority” as read. All in favour?
An Hon. Member An Hon. MemberThat is [clause] 40, subsection (4).
An Hon. Member An Hon. MemberThe way you said it 44—
The ChairmanChairman[Clause] 40 brackets 4 . . . subsection (4). Thank you, Honourable Member. Hon. Walter H. Roban: My apologies if I did not make that clear, Mr. Chairman.
The ChairmanChairmanWell, we bo th probably could share in that. [Clause] 40 subsection (4), where it says “an applicant” is replaced by “the Authority.” All in favour? Ayes.
The ChairmanChairmanThen passed. Minister , the amendment has passed. [Motion carried: Amendment to c lause 40 passed.] Bermuda House of Assembly Hon. Walter H. Roban: Thank you, Mr. Chairman. I would now like to move clauses . . . move the amended clause, and also from 41 through 60.
The ChairmanChairman[Clause] 40 through— Hon. Walter H. Roban: [Clauses] 41 through 60.
The ChairmanChairman[Clauses] 41 through 60. Continue on. Hon. Walter H. Roban: Clause 41 sets out —and I will just go back for clarification to make sure that it was properly read. Clause 40 provides for the refusal of a permit for public safety reasons. That is the general descri ption of …
[Clauses] 41 through 60. Continue on. Hon. Walter H. Roban: Clause 41 sets out —and I will just go back for clarification to make sure that it was properly read. Clause 40 provides for the refusal of a permit for public safety reasons. That is the general descri ption of the clause obviously and it has been amended. Clause 41 sets out the time frame within which the Authority must —
POINT OF CLARIFICATION
Hon. Patricia J. Gordon -Pamplin: Mr. Chairman, just a point of clarification here.
The ChairmanChairmanYes, your poi nt of clarification, Ho nourable Member Mrs. Pat Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin: Because there has been an amendment in [clause] 40, can we just move [clause] 40 and then we go —
The ChairmanChairmanI thought we did. Hon. Patricia J. Gordon -Pam plin: Well, he just went back to [clause] 40 again, so I just wanted to— Hon. Walter H. Roban: Let me just clarify. I just . . . because I was not sure I actually read the description of [clause] 40 …
I thought we did. Hon. Patricia J. Gordon -Pam plin: Well, he just went back to [clause] 40 again, so I just wanted to— Hon. Walter H. Roban: Let me just clarify. I just . . . because I was not sure I actually read the description of [clause] 40 originally when I . . . I went straight to talking about the amendment. So, I was trying to be helpful, you know, I am sorry —
Hon. Patricia J. Gordon -Pamplin: No, you are fine. Hon. Walter H. Roban: Okay, so I will just continue on.
The ChairmanChairmanSo, for clarity, we are going to go from [clause] 40 to— Hon. Patricia J. Gordon -Pamplin: No, from [clause] 41 now. Hon. Walter H. Roban: [Clause] 40 is dealt with, Mr. Chairman, so I will just go read through now from [clause] 41. I will continue reading from [clauses] …
The ChairmanChairman[Clauses] 41 t hrough 60. Hon. Walter H. Roban: Yes, the description. Hon. Patricia J. Gordon -Pamplin: Yes, because he went back to [clause] 40. Hon. Walter H. Roban: My humble apologies to the House if I provided any confusion.
The ChairmanChairmanAnd we amended [clause] 40. Continue on. Thank you. Hon. Walter H. Roban: Clause 41 sets out the time frame within which the Authority must make a decision on an application. Clause 42 sets out certain conditions that attach to a permit. Clause 43 specifies the duration of a p …
And we amended [clause] 40. Continue on. Thank you.
Hon. Walter H. Roban: Clause 41 sets out the time frame within which the Authority must make a decision on an application. Clause 42 sets out certain conditions that attach to a permit. Clause 43 specifies the duration of a p ermit. Clause 44 provides for the surrender of a permit. Clause 45 provides for the extension of a permit. Clause 46 provides for the suspension or re vocation of a permit. Clauses 47 through 51 sets out conditions that are applicable to carriers when installing subm arine cables. If the conditions are not complied with, they can be enforced by the Authority under Part 8 (Investigations and Enforcement) of the Regulatory [Authority] Act 2011. Clause 47—I am sorry —the condition in clause 47 is that the person installing the cable (being the “carrier”) must ensure that all reasonable steps are taken to ensure that installation causes as little damage as practicable. The condition in clause 48 is that the carrier must take all reasonable steps to act in accordance with good engineering practice, protect the safety of persons and property, and must protect the environment. The condition in clause 49 is that the carrier must ensure that the installation is done in accor dance with industry standards. The condition i n clause 50 is that the carrier must ensure that the installation is done in a manner that is consistent with Bermuda’s obligations under an international agreement that is relevant to the install ation. The condition in clause 51 is that the carrier must e nsure that the installation complies with any conditions in regulations that may be made by the Minister. Clause 52 makes it an offence to install a submarine cable without a permit or to install a su bmarine cable in Bermuda waters outside of the protection zone. Clause 53 makes it an offence to breach a condition of a permit. 3028 14 February 2020 Official Hansard Report
Bermuda House of Assembly Clause 54 makes it an offence to not comply with a direction of the Authority to remove or disable an unlawfully installed submarine cable. Clause 55 gives the penalties for offences u nder clauses 52, 53 or 54. Clause 56 provides for an application for a submarine cable licence to land and operate a subm arine cable. Clause 57 provides that the Authority . . . I am sorry , Clause 57 provides for the Authority to require the applicant to give a consultancy deposit in respect of the application for the licence. Clause 58 provides for the grant of a licence. Clause 59 provides for the form and content of a licence. Clause 60 provides that a licence may be granted for a maximum initial perio d of 25 years but may be renewed by the Authority for a further period, not exceeding 15 years, specified in the renewal. Thank you, Mr. Chairman.
The ChairmanChairmanWe have just considered clauses 41 through 60. I recognise the Deputy Opposition Leader.
Ms. Leah K. ScottI just have two questions and they are really easy. On page 23, under clause 47 where the carr ier is required to do as little damage as possible, what are the consequences if it is determined that any action that he takes or damage is wil ful damage?
The ChairmanChairmanAnd you have a second question?
Ms. Leah K. ScottI do have a second question. And then on page 26 . . . did we go to [clause] 60 or did we go through—
The ChairmanChairman[Clauses] 41 to 60; it includes 60.
Ms. Leah K. ScottOh, okay, okay. So, the term of the submarine cable licence is a maximum period . . . I know cables are engineered with a maximum design or lifespan of 25 years and that beyond that they become economically obsolete. So, why would you have a renewal for 15 years …
Oh, okay, okay. So, the term of the submarine cable licence is a maximum period . . . I know cables are engineered with a maximum design or lifespan of 25 years and that beyond that they become economically obsolete. So, why would you have a renewal for 15 years beyond its economic value, and is this a one- time renewal?
The ChairmanChairmanMinister, we might as well entertain the Honourable Mrs. Gordon- Pamplin — Hon. Patricia J. Gordo n-Pamplin: Yes, just a quick question on page 23, clause 50, and that is compl iance with international agreements. I just wondered whether we would want instead of “an international” — “The carrier shall …
Minister, we might as well entertain the Honourable Mrs. Gordon- Pamplin —
Hon. Patricia J. Gordo n-Pamplin: Yes, just a quick question on page 23, clause 50, and that is compl iance with international agreements. I just wondered whether we would want instead of “an international” — “The carrier shall ensure that the installation is done in a manner that is consistent with Bermuda's obligations under an international agreement . . .”. Should that not read “any international agreement that is relevant to the installation”?
[Crosstalk]
The ChairmanChairmanAny other questions, Honourable Member ? Minister , do you care to respond to those questions put forward? Hon. Walter H. Roban: Let me start where it ended. I am advised by the technical officer that this is of no consequence— [Inaudible interjection] Hon. Walter H. Roban: Yes, it does …
Any other questions, Honourable Member ? Minister , do you care to respond to those questions put forward?
Hon. Walter H. Roban: Let me start where it ended. I am advised by the technical officer that this is of no consequence—
[Inaudible interjection]
Hon. Walter H. Roban: Yes, it does not change the effectiv eness or the obligation under that clause by “an” or “any” —it does not. Now, going back to the questions by the Honourable Member who sits for constituency 30. Ho nourable Member , can you take me back to where you were again, which clause you were referring to?
Ms. Leah K. ScottJust on [clause] 47, if there is wi lful damage is there a consequence to a carrier that carries out wilful damage? Hon. Walter H. Roban: Consequences for if they carry out wilful damage . . . yes, specifically, I think there are penalties on offences further down.
Ms. Leah K. ScottOkay. Hon. Walter H. Roban: As you see under . . . there are penalties on offences further down under [clause] 55.
Ms. Leah K. ScottOkay; that is fine. As long as there is a consequence. Hon. Walter H. Roban: Yes, there are penalties of offences or damage to a cable. I think we can appr eciate that it is likely to bring severe wrath from a pr ivate operator that has spent $100- plus …
Okay; that is fine. As long as there is a consequence. Hon. Walter H. Roban: Yes, there are penalties of offences or damage to a cable. I think we can appr eciate that it is likely to bring severe wrath from a pr ivate operator that has spent $100- plus million on a cable, they are going to want to pursue their contractual rights for the damage done, particularly if it is g oing to cost considerable money considering the i nvestment.
The ChairmanChairmanOkay, any other Member care to address clauses 41 through 60? There being none, Minister, would you like to move those cl auses? Hon. Walter H. Roban: I would like to move those clauses to stand as approved, Mr. Chairman. Bermuda House of Assembly The Chairman: Are there any objections …
Okay, any other Member care to address clauses 41 through 60? There being none, Minister, would you like to move those cl auses? Hon. Walter H. Roban: I would like to move those clauses to stand as approved, Mr. Chairman.
Bermuda House of Assembly The Chairman: Are there any objections to those clauses standing No objections.
[Motion carried: Clauses 41 through 60 passed.]
The ChairmanChairmanMinister, continue on. Hon. Walter H. Roban: Thank you, and thank you to all Member s as well for their contribution. I would now like to move clauses 61 through 80.
The ChairmanChairmanIt is to the end. Hon. Walter H. Roban: That is the end.
The ChairmanChairmanThat is the end. [Laughter] Hon. Walter H. Roban: I know my legislation, you know. I do not come here trying to wing it, Honourable Member s! [Laughter] Hon. Walter H. Roban: I know my legislation. I think you know that already, Honourable Member . I do not come here …
That is the end.
[Laughter]
Hon. Walter H. Roban: I know my legislation, you know. I do not come here trying to wing it, Honourable Member s!
[Laughter] Hon. Walter H. Roban: I know my legislation. I think you know that already, Honourable Member . I do not come here not knowing my . . . I try and know my stuff, you know. I do not have any clauses in my deals.
[Laughter]
Hon. Walter H. Roban: Okay, we will go now to [clauses] 61 through 80, Honourable Members. [Clause] 61 provides that where the Authority propos es . . . of course there are Schedules, so I take your point, partially.
[Laughter]
Hon. Walter H. Roban: Clause 61 provides that where the Authority proposes to grant a licence, it must publish a notice in the Gazette and on its website giving notice to any person who wishes to object to the grant of the licence must do so within seven days of the publication. Clause 62 provides for objection to the pr oposed grant of a licence. Clause 63 provides that the Authority shall not grant the licence unless the applicant meets certain requirements. Clause 64 sets out certain conditions that may be specified in a licence. Clause 65 provides for the payment of fees by a carrier. Clause 66 provides for the revocation of a l icence. Clause 67 provides for the giving of notice and the procedure to be followed before the Authority varies conditions of a licence or revokes a licence. Clause 68 provides for appeals to the S upreme Court by a person aggrieved by a decision of the Authority to grant, modify, suspend, revoke or transfer a licence. Clause 69 makes it an offence to operate a submarine cable without a licence or in breach of the conditions of a licence. Clause 70 provides for compensation by a carrier to a person who suffers financial loss because of something done by the carrier under this Bill in rel ation to any property of the person. Clause 71 provides for compensation by a carrier to a person whose property has been acquired by the carrier because of anything done by the carrier under this Bill or the existenc e of rights conferred on a carrier under this Bill in relation to a submarine cable. Clause 72 sets out certain duties of a carrier. Clause 73 provides that where a submarine cable ceases to be in use, the carrier or other persons responsible for the cable must notify the Authority. Clause 74 gives fisheries inspectors under the Fisheries Act 1972 certain enforcement powers under this Bill. Clause 75 provides for the time limit for su mmary prosecution for an offence under this Bill. It pr ovides that summary proceedings for an offence under this Bill must be brought within three years of the commission of the offence. Clause 76 provides for the liability of officers and members of offences under this Bill by bodies corporate. Clause 77 gives the Minister regulation - making powers and sets maximum penalties for offences under such regulations. Clause 78 states that the Bill binds the Crown. Clause 79 provides for parliamentary scrutiny by the negative resolution procedure of any statutory instruments made by the Minister under this Bill. Clause 80 provides that the requirement to hold a licence, permit or other authorization under this Bill, or to pay fees under this Bill in respect of any such authorization, shall not apply in respect of any submarine cable that has been installed in Bermuda waters before the commencement of this Bill. Clause 81 provides that the consequential amendments —
The ChairmanChairmanSorry — Hon. Walter H. Roban: I am sorry —
The ChairmanChairmanYou went to [clause] 80. You can— 3030 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Rob an: No, I will stop there. I will stop there. [Inaudible interjections]
The ChairmanChairmanThe Minister has spoken to clauses, the substantive clauses 61 through 80. [Laughter]
The ChairmanChairmanDoes any other Member care to speak to those clauses?
Ms. Leah K . ScottI just have two questions. Page 27, clause 62(1), the objection to the grant of a proposed licence. Is the only recourse for somebody who feels aggrieved under [clause] 68 g oing to the Supreme Court? Is that the only . . .
The ChairmanChairmanAny othe r questions? Honourable Member .
Ms. Leah K. ScottSo, on page 27, clause 62 says that if there is an objection to the opposed grant of licence . . . what is the recourse to the person who is not able to get the licence? Does [clause] 68 apply to this clause 62? Hon. Walter H. Roban: Yes.
Ms. Leah K. ScottAnd is the Supreme Court the only recourse? Hon. Walter H. Roban: Yes.
Ms. Leah K. ScottYes? Okay. And then my next ques tion is on page 29 —
Ms. Leah K. ScottUnder clause 70(1), “there is pa yable to the person by the carrier such reasonable amount of compensation as is agreed between them or, failing agreement, as is determined by the S upreme Court.” I s it anticipated that any damages are going to be above $25,000, because would you …
Under clause 70(1), “there is pa yable to the person by the carrier such reasonable amount of compensation as is agreed between them or, failing agreement, as is determined by the S upreme Court.” I s it anticipated that any damages are going to be above $25,000, because would you not want to put here the Bermuda Courts as opposed to just identifying the Supreme Court? If it is $25,000 or less, it can be held in a Magistrate’s Court. If it is $25,000 or more then it could be held in the Supreme Court. So, rather than just identifying the Supreme Court, say Bermuda Courts and then it covers either one. Hon. Walter H. Roban: I think because typically these things are a certain commercial level, it is w hy it would be in Supreme Court. I think that is why Supreme Court will be the court of the appropriate dispute for this rather than the Magistrate’s Court —
Ms. Leah K. ScottOkay. Hon. Walter H. Roban: —which is, you know, som ething around a submarine cable is not a simple commercial matter. It would be much more of a complex commercial matter which is why the Supreme Court would be the appropriate court.
Ms. Leah K. ScottFair enough, but Bermuda Courts give you more latitude.
The ChairmanChairmanThe Cha ir recognises the Honourable Member Mrs. Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Just a point of clarity in respect of clause 68 on appeal and the point to which my h onourable colleague indicated about Supreme Court. Given that the Government has spoken …
The Cha ir recognises the Honourable Member Mrs. Gordon- Pamplin. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Chairman. Just a point of clarity in respect of clause 68 on appeal and the point to which my h onourable colleague indicated about Supreme Court. Given that the Government has spoken about the harmonisation of tribunals, is this something that could conceivably be embraced within that concept of tribunals as opposed to encumbering the courts with the timing and the resources and everything that might be required or some kind of arbitration? And is that something that could perhaps be considered in this clause as opposed to being definitive for the S upreme Court?
Hon. Walter H. Roban: I do not think that is an unreasonable suggestion. As you know, [comm ercial] tribunals and arbitrating tribunals are seen as being a preferred option in many commercial arrangements, and fundamentally these will be commercially driven arrangements. So, we will take that under advisement as something to look at because that is the way it is in commercial arrangements to go, people prefer to potentially have a tribunal option.
[Inaudible interjection]
Hon. Walter H. Roban: Yes, yes, arbitration tribunal option, yes. I can take that one under advisement, definitely. Thank you for that suggestion.
The ChairmanChairmanThe Chair recognises Mr. Simons, the Honourable Member from constituency 8.
Mr. N. H. Cole Simons[Clause] 63, Considerations for grant of licence, page 27, [subclause] (b). “The Authority shall not grant a submarine [cable] licence to an applicant unless it is satisfied that the applicant has sufficient financial resources to enable it to provide the facilities, equipment [and] personnel” et cetera. Is Bermuda House of …
[Clause] 63, Considerations for grant of licence, page 27, [subclause] (b). “The Authority shall not grant a submarine [cable] licence to an applicant unless it is satisfied that the applicant has sufficient financial resources to enable it to provide the facilities, equipment [and] personnel” et cetera. Is
Bermuda House of Assembly there . . . now, I know that in the insurance industry, you have C lass 4 companies, Class 3 companies, Class 2 companies. All those classifications have mi nimum capital requirements. So, will we have a minimum capital requirement for these types of companies that provide this business?
The ChairmanChairmanWhat clause was that , Mr. Simons?
Mr. N. H. Cole SimonsClause 63(b) on page 27. And then my follow -up question is, if we have the minimum capital requirements, what type of ev idence is required to show or demonstrate that these companies are financially sound? The Cha irman: Okay. Hon. Walter H. Roban: Thank you for that question. This …
Clause 63(b) on page 27. And then my follow -up question is, if we have the minimum capital requirements, what type of ev idence is required to show or demonstrate that these companies are financially sound? The Cha irman: Okay. Hon. Walter H. Roban: Thank you for that question. This is all operating in the telecommunications space and I think everybody understands that (1) there is considerable capital required to even enter into this space and, presumably, those pe ople who would be coming to us to apply to have the cable land [in Ber-muda] would have already satisfied somewhere else because this is an international cable, with financing support to get the cable even to Bermuda. This is not, again, anything that is unusual. We have cable operators here who have landed cables in Bermuda. So, the process of what is required to do that is already clearly understood. I think if anybody reads the general literature out there . . . you are looking at, you cannot even enter this. If I can just be a little informal, you cannot even enter this game without having about $100 million up front. You cannot even . . . no one is even going to talk to you because the whole . . . it is a very . . . it is a highly capitalised business. The names that we are hearing of laying cables are Amazon, Google, Microsoft. I think we know what their capabilities are from the standpoint of accessing capital. These are wealthy, billion -dollar companies that are even considering la ying cable. So, I d o believe that this is clearly the type of requirements we will be reviewing just as in the tel ecommunications space there was already a tried and tested formula for receiving other telecommunications operators, no less rigour will be taken in this space either.
The ChairmanChairmanOkay. Mr. Simons, you have the floor.
Mr. N. H. Cole SimonsI would like to go to [clause] 73 on page 31, Notice if [submarine] cable ceases to be in use. Can the Minister speak to how they intend to administer redundancy cables, cables that are running parallel to a regular cable and are just there for an insurance policy, they …
I would like to go to [clause] 73 on page 31, Notice if [submarine] cable ceases to be in use. Can the Minister speak to how they intend to administer redundancy cables, cables that are running parallel to a regular cable and are just there for an insurance policy, they are not activated but will be activated in the event that the primary cable is damaged or they needed added redundancy? Can he speak to how he will manage those redundancy cables that are not activated but are there for insurance policy?
Hon. Walter H. Roban: I will go back to a question I answered for the Honourable Member prior. There is likely to be, based on the proposed protection zone, only five to six cables that might be able to enter that zone. So, whatever requirements, you know, we will know what the purpose of those cables are and we can manage with whatever the nature of the applic ation is, what the use of the cable is going to be, we can manage dealing with those issues when that comes. But I think it is a little bit hypothetical. He is asking me about how we are going to handle som ething that we do not even know is necessarily going to be done. But I do believe that once those types of applicat ions come and once we understand the nature of the use of the cable that proper decisions can be made at the appropriate time.
The ChairmanChairmanDoes any other Member care to speak to the clauses 61 through 80? Would you like to move those clauses for approval, Minister ? Hon. Walter H. Roban: If it pleases you, Mr. Chai rman, I would like to move clauses 61 through 80 for approval.
The ChairmanChairman[Clauses] 61 through 80 have been moved for approval. Are there any objections? No objection. Minister. [Motion carried: Clauses 61 through 80 passed.] Hon. Walter H. Roban: I would like to move now clauses 81 and 82, Mr. Chairman.
The ChairmanChairmanYes, the consequential amendments and— Hon. Walter H. Roban: And the appropriate Sche dules that follow.
The ChairmanChairmanYes. Schedules 1, 2 and 3? Hon. Walter H. Roban: Yes, Mr. Chairman.
The ChairmanChairmanWould you like to speak to any of those? Hon. Walter H. Roban: Yes, I would, Mr. Chairman.
The ChairmanChairmanMinister? 3032 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Walter H. Roban: Clause 81 provides for the cons equential amendments in Schedule 3 . . . my apologies, Mr. Chairman. I do have an amendment to move in Schedule 2 and I will get to that. …
The ChairmanChairmanYou want you make your comments first and then move the amendment after? Hon. Walter H. Roban: Yes, yes. I apologise if I did not give—
The ChairmanChairmanContinue on. Hon. Walter H. Roban: —proper notice to Member s. So, there is another amendment in Schedule 2. That would have also been circulated as well, Mr. Chairman.
The ChairmanChairmanCan you move . . . I have been a dvised. Can you move clauses 81 and 82 for approval? Hon. Walter H. Roban: Yes, Mr. Chairman, if it pleases you. I move clauses 81 and 82 for approval.
The ChairmanChairmanClauses 81 and 82 have been moved. Any objections? There are no objections, Minister . They are approved. [Motion carried: Clauses 81 and 82 passed.] Hon. Walter H. Roban: Thank you. I would like to now go to the Schedule 1 —
The ChairmanChairmanWould you like to move Schedule 1? Hon. Walt er H. Roban: Schedule 1 demarcates the protection zone on a map —which everyone will see is attached in description— and gives coordinates of key points on the boundary line demarcating the protection zone. Thank you, Mr. Chairman.
The ChairmanChairmanDoes any other Member care to speak to Schedule 1 which outlines the map on page 33? [Inaudible interjection]
The ChairmanChairmanA question has been asked about the [paragraphs] in the Schedules, numbered 1 to 18, di fferent locations in Bermuda? Hon. Walter H. Roban: If you go on page 34, it gives coordinates, 1 through 18. For the Member who asked what those numbers are.
The ChairmanChairmanOkay, it is on the following page. Yes? Hon. Walter H. Roban: Yes, they are coordinate numbers which are described on page 34.
The ChairmanChairmanAny other Member care to speak? Minister, would you like to move Schedule 1? Hon. Walter H. Roban: I would like to move Schedule 1.
The ChairmanChairmanSchedule 1 has been moved. Any objections? No objections. [Motion carried: Schedule 1 passed. ] AMENDMENT TO SCHEDULE 2 Hon. Walter H. Roban: With that, I would like to now move Schedule 2. Schedule 2 lists the Prohibited and Restricted Activities, and we would like to move an amendment in …
Schedule 1 has been moved. Any objections? No objections.
[Motion carried: Schedule 1 passed. ]
AMENDMENT TO SCHEDULE 2
Hon. Walter H. Roban: With that, I would like to now move Schedule 2. Schedule 2 lists the Prohibited and Restricted Activities, and we would like to move an amendment in that Schedule in paragraph 2(f) of Schedule 2 by insertin g [the word] “no” before the word “contact.”
[Inaudible interjection]
Hon. Walter H. Roban: [Paragraph] 2(f).
The ChairmanChairman[Paragraph] 2(f), “use of or towing, operating or suspending from a vessel, a structure moored to the seabed . . . .” Hon. Walte r H. Roban: Schedule 2, [paragraph] 1(f). I am sorry. I am sorry, Member s. The clause- by-clause description was slightly incorrect there. [Paragraph] 1(f), okay?
The ChairmanChairmanAnd “no” is going to appear before— [Pause]
The ChairmanChairmanMinister — Hon. Wa lter H. Roban: I am sorry . . . just one second, Member s.
The ChairmanChairman[Paragraph] 2(f) on page 36? Hon. Walter H. Roban: I am sorry.
The ChairmanChairmanRestricted activities. Hon. Walter H. Roban: Okay, it is in the graph that is on page 36, Members. My apologies. Bermuda House of Assembly You know, I missed this one. There is a graph on page 36 (for the benefit of the listening public) which has “Subparagraph/Activity/Restrictions in W aters …
Restricted activities.
Hon. Walter H. Roban: Okay, it is in the graph that is on page 36, Members. My apologies.
Bermuda House of Assembly You know, I missed this one. There is a graph on page 36 (for the benefit of the listening public) which has “Subparagraph/Activity/Restrictions in W aters of Less than 200 Metres in Depth/Restrictions in Waters of 200 Metres in Depth or More. ” There are (a), (b), (c), (d), (e) and (f). And in (f) in the third co lumn it reads, “Permitted provided the towing is used in conducting research that involves no contact with the seabed.” That is the change that we are prescribing.
An Hon. Member An Hon. Member“No contact.” Okay.
The ChairmanChairmanThat is a pretty significant. That is a big difference. Hon. Walter H. Roban: Yes, it is.
The ChairmanChairmanYes. Hon. Walter H. Roban: So, I would wish to move that amendment to—
The ChairmanChairmanYes, all right. The [word] “no” goes between [the words] “involves” and “contact.” Hon. Walter H. Roban: —[Paragraph] 2(f) on page 36 of the Bill as it stands.
The ChairmanChairmanMembers, there is an amendment to the Schedule 2, [paragraph] 2(f) on page 36 where the last few words of the paragraph reads “research that involves” by inserting “‘no’ contact with the seabed.” All in favour? Ayes.
The ChairmanChairmanApproved, Minister. [Motion carried: Amendment to Schedule 2 passed.] Hon. Walter H. Roban: Thank you, Mr. Chairman. Thank you. Thank you everyone for your patience and cooperation.
The ChairmanChairmanWould you like to move Schedule — Hon. Walter H. Roban: I would like to move Schedule 3.
The ChairmanChairmanNo, you have to move Schedule 2 first. Hon. Walter H. Roban: I am sorry. I am sorr y. I would like to move Schedule 2 as amended, Mr. Chairman.
The ChairmanChairmanYes, Schedule 2 as amended has been put forward. No objections coming forth. Minister, it has been approved. [Motion carried: Schedule 2 passed as amended.] Hon. Walter H. Roban: Thank you. And now I wish to move . . . I am sorry. I will read the short description. Schedule …
The ChairmanChairmanYes, all right. Hon. Walter H. Roban: Thank you.
The ChairmanChairmanDoes anyone care to speak to Schedule 3? Would you like to move Schedule 3, Minister ? Hon. Walter H. Roban: Yes, I would like to move Schedule 3 as written, Mr. Chairman. Mr. Chairman, if you would allow me, I would like to again thank everyone who assisted with …
Does anyone care to speak to Schedule 3? Would you like to move Schedule 3, Minister ?
Hon. Walter H. Roban: Yes, I would like to move Schedule 3 as written, Mr. Chairman. Mr. Chairman, if you would allow me, I would like to again thank everyone who assisted with the prepar ation of this Bill and all those who contributed today, and particularly I just want to mention not in absence of everyone else, but my Honourable Member Minister Caines who brought his personal exper ience in this industry to the debate which I believe was very helpful to us all. Thank you, and everyone else, and also the technical officers who have been belabouring to help me through this.
The ChairmanChairmanThey have been very helpful. Hon. Walter H. Roban: I thought I had already given them their kudos, but I will give it again because they deserve every bit that they do get.
The ChairmanChairmanWell, let us move Schedule 3— Hon. Walter H. Roban: Thank you very much.
The ChairmanChairman—for approval along with the co mments. Hon. Walter H. Roban: Yes. The Chairm an: All in favour? Ayes.
The ChairmanChairmanYes, it has been approved. [Motion carried: Schedule 3 passed.]
The ChairmanChairmanMinister, you have one— Hon. Walter H. Roban: With your indulgence, there is a question that was . . . okay, just something about 3034 14 February 2020 Official Hansard Report Bermuda House of Assembly the time frame that the Honourable Member from co nstituency 30 had brought up. Cables …
Minister, you have one— Hon. Walter H. Roban: With your indulgence, there is a question that was . . . okay, just something about 3034 14 February 2020 Official Hansard Report
Bermuda House of Assembly the time frame that the Honourable Member from co nstituency 30 had brought up. Cables can go beyond the 25 years; 5 to 10 years is possible today , usually reviewed every five years . So these cables go through a review of their performance every five years. S o, it all depends on the cable’s condition, so essentially subject to the r eview every five years they may find that the cable can last longer than the standard practise, and who knows what the technology will be by then after many of us are grey and, you know, at Elizabeth, at the rest home, people will be doing this work and perhaps things will be different.
The ChairmanChairmanMinister, would you like at this time to move that the Submarine Communications [Cable] Act [2020] be reported to the House as read? [Inaudible interjections]
The ChairmanChairmanAs amended. All right. Hon. Walter H. Roban: Yes, thank you, Mr. Chai rman. I wish to move the preamble as approved and I wish to move that the Bill be reported to the House as amended.
The ChairmanChairmanIt has been moved that the preamble be approved and the Bill be reported to the House as amended. All in favour? Ayes.
The ChairmanChairmanIt has been approved, Minister. Thank you. [Motion carried: The Submarine Communications Cables Act 2020 was considered by a Committee of the whole House and passed with amendments .] House resumed at 6:51 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE SUBMARINE COMMUNICATIONS CABLES ACT …
The SpeakerThe SpeakerGood evening, Members. Are there any objections to the Submarine Communications Cables Act 2020 being reported to the House with the amendments —as amended? There are no objections. It has been moved to the House, approved. The next item on the Order Paper is [Order] No. 6, the motion moved …
Good evening, Members. Are there any objections to the Submarine Communications Cables Act 2020 being reported to the House with the amendments —as amended? There are no objections. It has been moved to the House, approved. The next item on the Order Paper is [Order] No. 6, the motion moved by the Honourable Minister of Education, notice of which was given on the 15 th of November 2019: “That this Honourable House take note of the Annual Report of the Bermuda College for 2018/2019.” Honourable Minister , would you like to pr oceed with your motion?
Hon. Diallo V. S. Rabain: Yes, Mr. Speaker .
The SpeakerThe SpeakerGo right ahead. [Inaudible interjection]
The SpeakerThe SpeakerYes, yes, yes. MOTION ANNUAL REPORT OF THE BERMUDA COLLEGE FOR 2018/2019 Hon. Diallo V. S. Rabain: Okay. Mr. Speaker, I move that the House now take under consideration the following motion, notice of which was given on the 15 th of November 2019: “That this Honourable House take note …
Yes, yes, yes.
MOTION
ANNUAL REPORT OF THE BERMUDA COLLEGE FOR 2018/2019
Hon. Diallo V. S. Rabain: Okay. Mr. Speaker, I move that the House now take under consideration the following motion, notice of which was given on the 15 th of November 2019: “That this Honourable House take note of the Annual Report of the Bermuda College for 2018/2019.”
The Spe aker: No objections. Continue, Ministe r. Hon. Diallo V. S. Rabain: Mr. Speaker, it is a plea sure to stand here today to discuss and give honour able colleagues as well as the listening audience an overview of the Bermuda College’s Annual Report for 2018/19 and to provide highlights of the many great things that are happening at our only tertiary instit ution. Mr. Speaker, the efforts of Chairman Sousa and President Greene as well as the entire Board of Governors, staff at the Bermuda College and, of course, the students are to be commended and can be easily seen if one is to read the 2018/19 Annual Report. Some of you might not have taken note, but anyone who attends the Bermuda College will certai nly see that there is an air of freshness to be felt and seen. Mr. Speaker, perhaps it is the new logo that aptly represents the Bermuda College’s march t owards its 50 th anniversary in 2024. Perhaps it is the resurgence in attendance of our local students directly related to this Government ’s decision to fund an ex tra $300,000 per year specifically to be used for financial aid. Perhaps it is the new College Promise pr ogramme that affords any student from our two senior high schools who graduate with a GPA of 3.0 or hig her to attend free of charge. Mr. Speaker, this proBermuda House of Assembly gramme currently has 21 students enrolled at the Bermuda College. Well, Mr. Speaker, we can definitely note t oday that the main reasons for the outstanding efforts of the Board of Governors, Dr. Greene and her staff who are committed to positioning Bermuda College as an institution of choice in Bermuda. Mr. Speaker, please allow me a little latitude as I would like to briefly cover some history and r efresh our memories. The Bermuda College was created by the Parliament of Bermuda through the passage of the Bermuda College Act 1974 . The College began with the with the amalgamation of three flourishing institutions: the Bermuda Hotel & Catering College, established in 1965, the Bermuda Technical Institute, established in 1956, and the Academic Sixth Form Centre, established in 1967. Mr. Speaker, these institutions have provided opportunities for education and training in the main areas needed by Bermuda, and particularly black Bermudians, in that developing economy of the time. Based on reports I have read, there was an inexplic able decision that at that time to move all technical e ducation from the high school level to the college level. Mr. Speaker, this was a decision that still leaves bitter tastes in the mouths of Bermudians today even though we are in 2020. More importantly, Mr. Speaker, black Bermudians, as many of the successful black entrepreneurs and businessmen we see today were products of these fine institutions. I say an inexplicable decision because I could not find any documented rationale for that decision, but we are all well aware of the assumed reasons by the white oligarch dominated Government of the day that chose to close those suc cessful institutions. Mr. Speaker, the level of frustration in this move is summed up with a statement from Edward Crawford, former headmaster for Tech on 30 May 1970, when he said, “ My contention all along (and there are many others [that] feel this way ) is that it is a pity that this school should be closed down. It is di stressing that a school in going order, which it was, should be closed down. [If] w e supplied a need f or . . . children [who] wouldn’t have found jobs. It will be another two [to] three years before there will be a r eplacement for this school .” And as we know, Mr. Speaker, it has been more than quite a few, more than two or three years. Mr. Speaker, the Bermuda College has come a long way from its original conception comprising of the Sixth Form Academic Centre, the Hotel College and the Department of Commerce and Technology, which included tech education and secretarial courses such as typing and shorthand. Today we have an i nstitution fully accredited by the New England Commi ssion of Higher Learning. Mr. Speaker, this is the same body that provides accreditation for schools such as Harvard, Boston University and MIT to name a few. Mr. Speaker, to continue to provide our st udents with access to further their education, the College ass igned over 30 articulation agreements with overseas institutions in the USA, Canada, the Cari bbean and the UK. An articulation agreement is a par tnership between two or more colleges, universities or institutes of technology which match course requir ements to those of the other institutions with clearly documented transfer policies for a specific academic programme or degree. In the most recent report, the fruits of these efforts can be clearly noted on page 19. Here we see the stats showing how students fr om the Bermuda College attending overseas institutions have increased from 23 per cent in 2013 to 54.8 per cent in 2018. Mr. Speaker, the Annual Report is filled with many highlights and I encourage all to read it. Some of the highlights found within its pages are 152 graduates in May 2018, an increase of 17 per cent over the previous year; 55 per cent of the graduates plan to transfer to an overseas institution to obtain their bac-calaureate degree; 104 students received international qualifications and w orkforce development certific ations through the Division of Professional and Career Education, better known as PACE. Fifteen students were inducted into the newly established Beta Chi Upsilon chapter of Phi Theta Kappa Honour Society. These s tudents must m aintain a GPA of 3.5 to be accepted into the society which is guided by f our pillars: scholarship, l eadership, service and fellowship. The second induction ceremony took place in October with 10 new inductees. Mr. Speaker, the dual enrolment programme continues to grow with six students graduating with their associate degrees before graduating from public senior high schools. In fact, the 15 students inducted in the previously mentioned Phi Theta Kappa Honour Society, six were dual enrolment students and two were former dual enrolment students. In fall 2018, there are 27 dual enrolment students from Berkeley and CBA attending the Bermuda College . . . I am sorry, that should say fall 2019. Four computer information system students: Diogo Mota, Kevin Da Cos ta, Randall King and Seth Samuels work ed with applic ation developers from the Cabinet Office to design the Tree Frog Communication app to improve government communications. [There was a] 100 per cent job placement for the 2018 nursing graduates. Enrolment in PACE pr ogramme has seen enrolment jump from 117 in 2015 to 544 in 2018. The Bermuda College has collaborated with Oxford University and the Human Rights Commission to host a Race and Resistance Conference which examined the intersection of race, resist ance and history in the contemporary Bermuda landscape. Bermudian author, educator and social activist Dr. Eva Hodgson was honoured at the convention. The Bermuda College Foundation was incorporated as a company limited by guarantee and its first Board 3036 14 February 2020 Official Hansard Report
Bermuda House of Assembly appointed. The Foundation will play a pivotal role in raising funds for the Bermuda College and, more i mportantly, the initiatives in its strategic plan. Mr. Speaker, in order to continue evolving and put the college on a path to even more success, the Berm uda College’s five- year strategic plan, “Vision 2023: Delivering Success” has been put in place. This strategic plan involves six key strategies focusing on: 1. student success; 2. campus culture; 3. human capital; 4. diversification of revenue and partnerships; 5. infrastructure; and 6. branding and marketing. Mr. Speaker, I will now turn my attention to the Bermuda College’s five- year strategic [plan], “Vision 2023: Delivering Success” and the first annual report highlights.
Strategy 1: Student Success
Hon. Diallo V . S. Rabain: Bermuda College will equip and support its students to achieve their educational and professional goals by offering dynamic, relevant and varied programmes and courses that create clear pathways to success. To this end, the Bermuda College has enrolled its first cohort of students in its new pre-health associate degree programme in the new division of Nursing and Allied Health. These pr ogrammes are pre- health science and pre- health sc ience pre- med. Introduced a full -time nursing assistants pr ogramme to run during the summer months. Compl iance certifications were introduced to the PACE offerings with more than 400 students taking advantage of these new partnerships. The Department of Technical Education built a solar powered aquaponics unit whic h is used as a teaching tool across multiple subject ar eas including science, HVAC, plumbing and carpentry. Our partnership with Lahey Clinic was established to offer students in the Associate in Nursing programme an opportunity to complete training at that hospital. A culinary arts student completed a 12- week summer internship in Ghana. Articulation agreements were established with the University of Buckingham and the University of Nottingham in addition to seven new agreements in the US and Canada, bringi ng the current offerings to 30. Bermuda College has hosted its first Transfer Pathways Fair which saw 21 overseas partner instit utions on campus to stimulate interest in their respec-tive programme offerings. The second Transfer Pat hways Fair took place T uesday, 3 December 2019. Bermuda College has established a partnership with Framingham State University to offer a fully online graduate certificate and Master of Associates in Educational Leadership Programme as a component of the Ministry of Education’ s Principal Certification programme, a programme that is now mandatory for all principals to achieve a pass at, Mr. Speaker. PACE has partnered with Global Knowledge, a leading IT training provider, to offer certification and courses locally. In January 2020, PACE in partnership with the BTA, Workforce Development, and the restaurant industry will be providing training for all new public, private, training and development initiatives to prepare Bermudians for jobs in local restaurants. Participants will u ndertake a structured skills development programme followed by a paid on- the-job training. This position of financial intake, financial aid admini strator, was established to improve student access to information and support with respect to the financial support programmes administered by the College i ncluding the Government’s $300,000 financial assi stance grant.
Strategy 2: Campus Culture
Hon. Diallo V. S. Rabain: The Bermuda College w ill promote and practice a culture of excellence in lear ning, communic ation and collaboration; and support a ‘community of care’ which promotes recognition of the Bermuda College as a great place to work, to which students and employees are proud to belong. Plans are underway for an employee trust and empowerment conference in 2020. A design plan for the mult ipurpose area in the upper and lower areas Hallet Hall is being looked at and will be presented as part of the College’s 2021 budget.
Strategy 3: Human Capital
Hon. Diallo V. S. Rabain: It is a great place to work and C ollege employees will be fully developed, e ngaged, and operating at their fullest potential with a full understanding of their roles as it relates to the College’s institutional goals. They will encourage and support strategic planning and development opport unities with robust metrics to measure success and promote transparency. Currently, the number of cert ified online instructors has increased from 16 to 25. Funding was provided for 12 faculty members to attend conferences related to teaching and learning. A four -member team attended The Council for Adult and Experiential Learning conference to develop a prior learning assessment approach to allow st udents to obtain academic credit for professional development and training in non- academic life exper iences and work has begun to establish a new employee performance management system. Strategy 4: Diversification of Revenue and Partnerships
Hon. Diallo V. S. Rabain: [This strategy] will see the Bermuda College explore diverse revenue opportun ities and part nerships that position Bermuda College
Bermuda House of Assembly as a premier community resource. They will leverage their facilities and utilise the campus to generate revenue by developing strong and diverse revenue streams that will have an added benefit of allowing the College to establish and maintain strategic partners in both industry and academic entities to meet community needs. The Bermuda College Foundation was officially launched on 29th October with a fundraising goal of $16 million for its first year. The Bermuda Coll ege has identified spaces on campus for operating and in order to facilitate future revenue earning opportunities.
Strategy 5: Infrastructure
Hon. Diallo V. S. Rabain: The Bermuda College will maintain and be known for having a modern campus that is saf e, comfortable, and technologically relevant, and environmentally sustainable. To this end, a new BC or Bermuda College app for students and emplo yees was developed and launched in fall of 2018. A new career exploration and a networking platform, Bermuda C ollege Connects (BC Connects), was i ntroduced that aligned students’ interests with educ ational pathways available at the College and at over-seas institutions. BC Connects will also current st udents to connect with BC alumni. Bermuda College continues to o perate its IT infrastructure and facilities , and the website has been upgraded and rebranded to reflect the Bermuda College’s new brand.
Strategy 6: Branding and Marketing
Hon. Diallo V. S. Rabain: The Bermuda College will have a strong local and international presence with a reputation that attracts a diverse range of students, external partnership opportunities and community confidence. It will have a clearly articulated brand and a designated person/team focusing on promoting Bermuda College by creati ng consistent, targeted campaigns. The Bermuda College celebrated this academic year, its 45 th anniversary, with a brand- new logo that included new colours with a new logo and new tagline, new mission and new vision statement. Mr. Speaker, if you take a look at the Annual Report, you will see that the front page starts with red, but as you continue through the report and get to the rear, it fades into the new logo colours which are blue and teal and white. The new brand reflects the Col-lege’s strategic di rection and future for which it is to provide innovative education and quality instruction and unparalleled support to its students. Mr. Speaker, I could speak for hours today about each and every positive initiative happening at the Bermuda College. How ever, it is clear from its or igins in 1974 the Bermuda College has evolved into a powerful and necessary institution —one that provides an invaluable resource for students looking to further their academic or technical careers after high school. Mr. Speaker, the College’s new tagline, “Bermuda College: Many Paths. Discover Yours” is a call to action to all of us to take advantage of the many options and opportunities that are afforded by the Bermuda College, our only accredited tertiary instit ution in Bermu da. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? We recognise the Shadow Minister of Educ ation. Member Simons, you have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, I would l ike to thank the Minister for his presentation. He was thorough and as a consequence I do not intend to go through the details. What I would suggest is that the community in essence get a copy of the Annual Report …
Thank you, Mr. Speaker. Mr. Speaker, I would l ike to thank the Minister for his presentation. He was thorough and as a consequence I do not intend to go through the details. What I would suggest is that the community in essence get a copy of the Annual Report so they can be up to date with what is goi ng on with Bermuda College. Mr. Speaker, the Minister said the College has an air of freshness. I know at one point I was speaking to one of the senior executives at the Bermuda Co llege and she asked me, What did I think of Bermuda College, just generall y? And the first thing that I said to her was that , Bermuda College, in my estimation, has a good spirit. When you go to the campus, when you mingle amongst the students, you mingle amongst the teac hers . . . it is a very positive environment. And I said, You know, why has this been engendered ? Because it is welcoming, it is an environment that would encourage development of our young people, our middle- aged people and seniors. And then I said to myself, A h, I know why this College is the way it is, it is t he spirit, there is good spirit . It is b ecause it is truly a community college, Mr. Speaker , a community college that embraces everyone, Mr. Speaker. You have young college students, you have high school students —as the Minister said, 27 high school students doing the dual enrolment pr ogramme— you have professionals and adults doing recertification, professional designations. You have seniors with the Senior’s Learning Centre there, se nior’s community activities, health activities. You have after work . . . evenings you see basketball there, you see netball there and it is truly used by the community. Hence, I think that the resulting product is the pos itive spirit that flows throughout the organisation and throughout the campus, Mr. Speaker. As the Ministe r said, you know, the College has come up to date in regard to the 21 st century. They have a robust digital strategy, an IT strategy. They have their own app and they have Bermuda College Connect. And I mean, these young people are learning differently from when I was going to school. I 3038 14 February 2020 Official Hansard Report
Bermuda House of Assembly am probably a dinosaur now when it comes to educ ational methods, Mr. Speaker. But as I say, I believe that the Bermuda College is doing a great job and I think the community supports it. I would like to commend the leadersh ip, Dr. Greene and her team, the Head of Academics Dr. Phyllis Curtis -Tweed. We had a great conversation about academics and the arts and how people take different routes to mature and she has positioned the College to be an avenue for people to reach thei r potential, be they go through the technical route, be they go through the arts, be they go through the academic routes, be they go through the sporting routes, the culinary routes, the trade routes —there is something for everyone to reach their potential . And all of those courses are there to support everyone and there is no stigma at all irrespective of what programme you take because all their programmes are of equal value to the success of our country and to the success of our students, Mr. Speaker. So, those are my overarching comments. I would also like to commend the Board of Directors [sic], and I want to name them because they do a sterling job, Mr. Speaker. An Hon. Member: The Board of Governors.
Mr. N. H. Cole SimonsSorry, the Board of Governors. They are: Chairman, Mr. Peter Sousa; Deputy Chairman, Romelle Warner; Members: Malika Car twright ; Cherie Dill ; Chris Famous ; Dr. Greene; Zaire Hart; Karmeta Hendrickson; Randy Horton (the former Speaker) ; Delight Morris ; Jerome Reid, the Perm anent S ecretary ; Romeo …
Sorry, the Board of Governors. They are: Chairman, Mr. Peter Sousa; Deputy Chairman, Romelle Warner; Members: Malika Car twright ; Cherie Dill ; Chris Famous ; Dr. Greene; Zaire Hart; Karmeta Hendrickson; Randy Horton (the former Speaker) ; Delight Morris ; Jerome Reid, the Perm anent S ecretary ; Romeo Ruddock ; Kathy Sharpe Keane; Bruce Sharpe; Latifa Smith; Necheeka Trott ; and Nasir Wade. I know for a fact from my other profession that these, that the Board of Governors of the College work hard and they are committed to the success of the organisation. And so, I want to salute them for their commitment and I also want to salute the exec utives of Bermuda College for their commitment that they do to make it a success. I think the energy that they have will benefit the community and benefi t the continuing growth and success of the College. Now, what I will do, Mr. Speaker, is basically go through the Report and just highlight some of the issues that I would like for the Minister to speak to. He has touched on some of it, but I would like t o just go through some of the things that caught my attention that I think are worthy of highlighting. As he said earlier, the Bermuda College is accredited by the New England Commission of Higher Education and I think it is noteworthy that this lends a lot of credibility to the institution. As he said, the other universities that have been accredited by that are some of the Ivy League universities in the US and other universities that have made a global presence and who are well -respected overseas , and I think it is great that we are there and I think that we need to just make sure that we adhere to those standards and keep those standards so that we can always be recognised and accredited by the New England Commi ssion of Higher Education. The Strategic Plan—I remember this issue had come up before, the Bermuda College, but I think it may have been budget time. I could be wrong, but it may have been budget time. And I asked if the Mini ster would give an undertaking to table the five- year strategic plan, t he Vision 2023 Delivering Success, in the House of Assembly and I am just going to ask him again if he would also re -confirm his willingness to table this because I think the community should be aware of the direction and the vision of the College. And I t hink by tabling it it becomes a public document and people can basically benefit from what is in there. The other issue that I see that is on the age nda which is controversial is the 2017– 2020 BPSU agreement. They were signed with the employees and my questions is, Is that up for renewal this year and do we have to go into negotiations again in regard to the employees of the Bermuda College and where do we stand in that space? Again, they do a great job in honouring and identifying fellows who have made a community in education and in the social and economic fibre of Bermuda. I can say that none of the fellows who they have recognised, in my estimat ion, none of them are basically ( what do I want to say ?) . . . they all are ent itled and they are duly recogn ised for their contrib utions to Bermuda.
An Hon. Member An Hon. MemberAre you saying they are deserved?
Mr. N. H. Cole SimonsThey are very deserved. The Vice President of Academic Studies has a little contribution to make and she spoke of the external articulatio n agreements. The Minister said there are 20 of them and I am delighted that they conti nue—
An Hon. Member An Hon. MemberThirty .
Mr. N. H. Cole SimonsOh, 30 of them —I am delighted that they continue to augment the number of articulation agreements that they have because this lends credibility to the institution and also puts us on the map in Canada, the Caribbean and the UK. And that will basically be a manner in which …
Oh, 30 of them —I am delighted that they continue to augment the number of articulation agreements that they have because this lends credibility to the institution and also puts us on the map in Canada, the Caribbean and the UK. And that will basically be a manner in which our institution is endorsed fully by other institutional agencies and also other educational regul atory bodies because if we can demonstrate that we have articulation pr ogrammes with the leading universities in Canada, the UK and the US, then other educational bodies, regul atory bodies, can say Bermuda College is up there with the best and so we will g ive them the recognition and the kudos that they rightly deserve.
Bermuda House of Assembly I understand that the College was basically working on its development plan and I would just like for the Minister to provide some insight as to how is the library making out with this digital strategy. The other issue that I found interesting going forward is the issue of —no, I am going to be disc iplined and go by the layout, because my mind is b eginning to wander based on what I have read and what I am remembering. Academic Resource—I think the Academic Resource Centre is an excellent Centre. Its mandate is to support our young people to support our fres hmen during orientation and to support the students already enrolled in the College. It is always good to have support, go- to people at the College for our st udents because they may not be able to have the support at home, or their parents may not be able to support them or some of their friends may not be able to support them. So, with the Academic Resource Ce ntre, it is just an avenue wh ere they can go to get support. And the other thing that I saw that was interes ting is this Affirmation Wall. To me, the Affirmation Wall is a personal thing because I take the view that if a student or an individual affirms what they want to do, affirms w hat they are going to take, and they write it down on an affirmation wall, it becomes a part of them. It is a commitment that they will succeed. It is a commitment that they will change their behaviour. It is a commitment they will have a different mind- set. It will be a commitment to excellence and I am a staunch supporter of affirmation walls and I would basically say that this initiative is a well -placed initiative and it should continue. The other interesting . . . is the outreach pr ogramme and the sc ience section. The Bermuda College has had the Corange Science Week that has been in place and supported formally by Corange, Limited and I think recently they have had Dr. Carika Weldon there. She is a researcher at the University of Oxford. They have had [Dr.] Malcolm Brock there and other Bermudians who have done well in the field of science and medicine. I just think that it demonstrates that Bermudians can receive and reach high levels of achievement and success and I think that in the field of science we can be on the cutting edge, and it demonstrates to our students they can achieve wha tever they want. In addition, I would say that the Corange Science Week is basically recognised and respected around the world. Then they have the ILS Convergence 2018 where fifteen students were generously sponsored by Insurance [Linked Securities] Convergence company to attend the ILS conference with faculty [member] Craig Simmons —again, cutting edge like the Premier is concerned about the FinTech industry and gettin g young people through, the ILS industry, the insurance linked securities, so it just whets the appetite and helps motivate our young people to become involved with the insurance industry, the investment industry, and it gives them a first -hand taste of what is available to them if they apply themselves and if they want a secure future and an opportunity for growth and have a rewarding career. In addition, for those environmental people, BEST (Bermuda Environmental Sustainable Tas kforce) and Bermuda partne rship on Eco series. Again, environmental sustainability, the BEST group, Eco Lunch ‘n Learn lectures —again, great for the env ironment. I know our young people are concerned about global warming and this falls right into that space. It just causes and rais es the awareness of the environment and our roles that we have to play to help support the environment and not compromise the environment. The Minister spoke to the STEM projects, the Tree Frog apps. I thought these apps were revolution-ary and I thought it was great that the College and the Premier’s office worked together in crafting a Tree Frog, their Tree Frog app for communications. The aquaponics programme was another STEM project, whereby youth have the air conditioning, plumbing, the gardening, the chemistry and the biology students all working together. So, it is botany, mathematics, wood technology, IT technology —it just shows how we can integrate different learning skills and learning tools to achieve success in a project. And that is the way lif e is—when you are building a house you have the carpenter, you have the mason, you have the electrician, you have the —and now these IT homes, these IT -ready homes, you have IT and so, again, you need to have different skills to make a product that is succe ssful, that is sustainable and that basically supports life. Again, even the aquaponics, you can get into gardening, which is another field that will support our agricultural industry. So again, it touches —the STEM projects touch so many industries and it gives a taste to our students as to what they can do in achieving and working with other people as a team to achieve a collective success. Again, I commend them for the STEM projects that they have in place. As I said in my opening remarks, it is truly a community college and I have a number of friends that go there who are seniors and they go there for educ ation, they go there for social activities, they go there for senior exercise classes and, again, these are happy people. They go there for dancing and they are thrilled to be involved and working in an environment with our young people, and the young people also benefit from interaction with some of our seniors. And they also make a commitment to supporting some of our young people at the College. So, a gain, a truly collaborative effort by all the sectors within our community. The enrolment programme . . . yes, they had issues with the decline in registration. But they were proactive and did what they had to do and reached out into the community and sai d, Okay, what are we going to do to bolster our student population? And 3040 14 February 2020 Official Hansard Report
Bermuda House of Assembly they went out on the road, they were at City Hall, there was an outreach programme, they went to the schools and they had various apps produced. So, again, instead of sitting back and waiting for the st udents to come to them, they went to the students to where they could find them and they also addressed them at the language that they use today —online, apps, their cell phones and so on. They put their message in a manner that is more palatable for young people. The other issue that I would like to speak to— there was the financial side. I want to commend the Bermuda College in that their financial statements are up to date and I believe they had an unqualified audi ted financials [report ] which is always good to see, and the College is well -managed and their financial affairs are in order, especially if they are unqualified financials. I understand the Information Technology Services department basically had an audit of the Col-lege’s ne twork and the audit was executed by an i ndependent contractor. I would like to see what the outcome of the audit was, and what recommendations they had implemented from the audit review. And have all the recommendations been addressed in a timely fashion? The other issue that I would like to speak to is distance education. Distance education is the way of the world, and most of our universities locally and i nternationally are enhancing their product offering and their revenue base through distance learning. I understand from the Minister ’s comments that they have a number of professors, or teachers, or leaders in that space that basically lead those courses. I would ask the Minister if he has a proper strategic plan that will address distance learning, because it is the way of the now and the future. You would be surprised at the number of people that are registered online at various universities — Harvard, UK, US. They are taking courses to improve themselves or to retool themselves, and they are d oing it fr om their own homes. Some of the people doing their master’s degrees will say, W ell, I cannot afford to go away , or, I choose not to go away. I have a young family . And so what are they doing? Getting online. So, again, I think we need to look at our distance ed ucation curriculum that we have at the College to make sure that we have a broad offering that will service the needs of most Bermudians when it comes to online education. Infrastructure. Obviously we need to invest more and keep the infrastructure u p to date and safe. It is safe but, you know, it is like owning a house. You have a house, there is maintenance required. And the ongoing maintenance is very, very expensive. I think one of the reasons why they had the foundation was to supplement the grant that was given by the Berm uda Government . I actually was at the launch of the Foundation and, again, you have people that are committed to the success of the College. And I can say that the Chairman of the Foundation is a student of Bermuda College and h e is committed, along with his team, to providing the best financial support that they can raise to ensure the College’s success. He did say that the Government provides 77 per cent of the funding needed to operate the Co llege. So, as a consequence, there is a 23 per cent shortfall —a 23 per cent shortfall, I think, basically is the shortfall that is needed to support the physical plant, operations and IT systems, development in ba-sically air conditioning units —just physical structures, everyday wear -and-tear that a plant would have that would need a lot of capital to modernise and upgrade an infrastructure. So, again, I think the Foundation has come out of need because of the 23 per cent deficiency, but also on a more positive side, it will get more community members and more corporate members to invest in the Bermuda College. So, again, it has its purpose. I support what they are doing. I think the challenge that they have is that they are going to have to manage how the funds are spent and the community has to be aware that some of the donors of the Foundation will have limitations or criteria on how their donations are to be spent. They may say, Okay, I am making a donation to the Foundation and it is to be used to provide support to the IT infrastructur e and nothing else. And so they cannot freely take that million dollar donation and use it to buy blocks for the craft centre or for the arts, to provide support for the arts section of the College. If you have a specific donor who says this is how it is t o be used, the trustees and the Foundation must adhere to their wishes. So, again, they may have $5 million in the bank, at some point in the future, but they may be restricted donations and the community and the Government shall not basically infringe upon the use of those funds unless it is agreed upon by the donors and the Foundation members. So, again, Mr. Speaker, I support the Foundation. They have some great people running it. The Foundation trustees are very positive people. They are professional people. I am certain that any donor who supports the Foundation, they can rest assured that the money will be well spent and the money will be in the hands of professional people who are used to handling philanthropic activities. So, Mr. Speaker, on those few remarks, I would like to conclude by stating that the Bermuda College, in my estimation, is evolving in a positive manner. The rebranding programme is worth recogn ition. At first, I said, you know, What was the impetus for the rebranding? Why did they do it at this point in time? And having read the programme, my answers were presented. So, Mr. Speaker, again, I would like to thank the College, the trustees and the students for making this fine institution the success that we have today.
Bermuda House of Assembly Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member . . . we recognise the Honourable Member Hayward. Honourable Member , you have the floor.
Mr. Jason HaywardThank you for allowing me the opportunity to provide an intervention in this debate on the Bermuda College’s Annual Report. Mr. Speaker, I must highlight a glaring omi ssion from my honourable colleague’s submission into this debate. H e went through the book, high and low, and failed to mention …
Thank you for allowing me the opportunity to provide an intervention in this debate on the Bermuda College’s Annual Report. Mr. Speaker, I must highlight a glaring omi ssion from my honourable colleague’s submission into this debate. H e went through the book, high and low, and failed to mention the contribution that this Go vernment has given in the form of financial assistance to ensure that students who are unable to pay for tertiary education have been granted opportunities. That is a big and significant reason why Bermuda College’s enrolment numbers are actually up. It is not attributed directly to a marketing campaign. It is attributed to the direct actions of this Government to ensure that all have a fair opportunity. Mr. Speaker, I speak both as an alumni out of the Bermuda College and as a current member of the Board of Governors. I obtained my Associates Degree in Arts and Science and then went on to obtain a Bachelor’s Degree in Business Administration from Mount Saint Vincent U niversity in conjunction with the Bermuda College. Mr. Speaker, Bermuda College is the best first option for setting Bermuda’s students on a path to success. It is often overlooked for overseas instit utions or online learning. But Bermuda College was the institution [where] I developed the appetite for lear ning, and it provided me with a foundation for future educational achievements. Mr. Speaker, the Bermuda College aims to enable students to enrich their lives intellectually, economically, socially and culturally. It is the only te rtiary level education institution in our country. It is a community college, and as a community college it plays a vital role in bridging the gap between our st udents and future employment or our students and further educati onal attainment. Bermuda College has grown in international recognition and that is highlighted by the over 30 articulation agreements that the College now has. I am pleased to report that of those 30- plus articulation agreements, 18 were achieved in the period under review. That means the College is actively going out and engaging stakeholders who are now recognising the College as an accredited institution. This is signif icant because it allows our students to get their certif icates, their degrees, their diplomas at Bermuda Col-lege and then have those credits transfer over to overseas institutions. This saves our people lots of money because the average cost of a Bermuda College education annually is $4,650. When we compare that to the UK, the UK is roughly around $11,309 annually. In Canada, the average cost annually is around $19,000 and, in the US, the average cost is around $23,000. So, there is significant cost savings by getting a degree at Bermuda College and then taking advantage of one of these articulation agreements so your credits can transfer over, reducing the time that you will spend in an overseas institution. Mr. Speaker, when I began, I highlighted the PLP Government ’s financial support to Bermuda College. Roughly about 613 students took advantage of the financial services that were available. And you will know that the Bermuda College provided funding for some up to 80 per cent. Let me repeat that —an add itional 613 persons accessed financial services during that period. This Government should be proud of its commitment and our students are definitely benefitting from the deliberate act of the Government . Mr. Speaker, the Bermuda College also plays a critical role in the Workforce Development system of our country. Mr. Speaker, the Bermu da College is the preferred training centre for the Department of Wor kforce Development. The National Training Board is focussing its priority on four areas, which will be: hospitality, health care, trades and technology. These are areas which the Bermuda College is currently expanding its course offering in. And so the Bermuda College is operating in alignment with the developmental and training needs of young persons or old persons in our economy. The PACE department is part of the growth strategy of the College. What we find is that persons are looking for professional development, additional professional certification, additional workplace trai ning, which is not on the academic side of the instit ution but lies within the PACE division. The PACE div ision saw its enrolment increase from 431 individuals or subscribers to 811 within the reporting period. That is just under a 100 per cent increase. As the demand for job readiness skills and new skill sets continue in our economy, the Bermuda College will play that pi votal role in closing the gap. It should be highlighted, Mr. Speaker, that the number of graduates from Bermuda College i ncreased in the last reporting period. The number of students enrolled in programmes increased in the last reporting period. The number of full -time students, both male and female, increased. Overall, enrolment was up in the last reporting period. We have to applaud the president, the faculty, the staff for another successful year. They work extremely hard on enriching the liv es of those enrolled in their programmes and they certainly put our students on paths to success. 3042 14 February 2020 Official Hansard Report
Bermuda House of Assembly Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? Honourable Member Furbert? We recognise the Honourable Member Furbert from constituency 4.
Mrs. Tinee FurbertThank you, Mr. Speaker . I am going to be brief. I just wanted to congratulate Bermuda College on a job well done. Bermuda College and their team, I know that they work hard, and I just wanted to congratulate them on a job well done. I particularly want to …
Thank you, Mr. Speaker . I am going to be brief. I just wanted to congratulate Bermuda College on a job well done. Bermuda College and their team, I know that they work hard, and I just wanted to congratulate them on a job well done. I particularly want to speak to the Academic Resource Centre and to highlight that the number of students enrolled with documented disabilities i ncreased from 27 in 2017 and it increased to 39 in 2018. This was partly due to . . . I would like to believe that it was due to the funding that Government gave to Bermuda College to support all students. But also in the Report it speaks to the implementation of a dis ability coordinator which has also helped to i mprove the quality of services for these students. So, this is a step and a help for students who are challenged to have the opportunity to move forward in a college setting. So, I am happy for the increase in the enrolment of students with disabilities us ing our local college as an opportunity to move forward. I would like to hear more though about what the Academic Resource Centre is doing as far as r eporting on the type of modifications or accommoda-tions that we are providing our students with disabil ities on the actual campus. So, for instance, how many students are using the services of the Academic R esource Centre in the area of in- house tutoring, the online tutoring service that they have, the academic skill building service that they have? Just so that we know how these services are being used and whether our students feel as though these services are helpful to them. I would also like to hear whether or not . . . because I know that students get to go to the College to sit their GED test. I would like to know whether or not we have moved forward with allowing students with disabilities to sit a GED test with accommoda-tions, because that is available to our students in ot her places in the world to be able to sit a GED with accommodations. So, I jus t want to say a job well done to the Bermuda College for the inclusion, making an effort for the inclusion of students with disabilities. There is just one more area I want to hig hlight, and that is on page 15. It speaks to the division of business, hospi tality and technical education. I know most of us in here are familiar with the Tree Frog app. But I am not sure how many people in our community know about the Tree Frog app, which is Government ’s gateway to accurate information that is out there, that is being put out there by the Gover n-ment . This was initiated by students of Bermuda College. Four students (and forgive me if I mispronounce their names): Diogo Mota, Kevin Da Costa, Randall King and Seth Samuels , as well as their lecturer M ichael Simmons, w ere chosen to work with application development for the Tree Frog app. So, these are our very own Bermuda College students, and I urge people in our community to sign up for that app, the Tree Frog app, which again is the gateway for information that is be ing provided by this Government . The other thing that I found particularly interesting in the Annual Report is the success rate of our nursing programme where it shows that 97 per cent of the nursing students have a success rate and 82 per cent [of] stude nts have a passing rate of the nursing graduate’s sitting the National Council Licen-sure Exam. And then 100 per cent of our students have job placements, which just goes to show that this is a needed profession, which we all already know. And it is a supported programme that is working well for Bermuda. The programme, like the nursing pr ogramme and the nursing assistant programme which is run through the PACE programme, [is for] a muchneeded profession in our community and is a much supported programme at the Bermuda College that is working for Bermuda. Interestingly enough, on page 19, where it speaks to students who are going overseas after graduation, it shows that the number has actually i ncreased from 2017 to 2018 from 52 per cent to 54.8 per cent. And they shared that this is a significant success where students are matriculating overseas, or they are continuing their education from Bermuda College to pursue other pathways. They also shared that Bermuda College graduates normally went to North America to further their education, particularly to Canada. However, now they are seeking the United Kingdom over Canada as a preferred country to study as there seemed to be benefits afforded to them by studying in the United Kingdom.
An Hon. Member An Hon. MemberAnd work.
Mrs. Tinee FurbertAnd work, yes. So, again, thank you to the Bermuda College for their thorough Annual Report. I just wanted to highlight those areas of interest to myself. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? Mr. Famous? We recognise the Honourable Member Famous from constituency 11.
Mr. Christopher FamousYes, good evening, Mr. Speaker — The Speake r: Good evening. Bermuda House of Assembly Mr. Christopher Famous: —colleagues, and the li stening audience. I will not be long, Mr. Speaker . I appreciate the previous speakers who cited all the statistics about the College, or what they are doing. …
Yes, good evening, Mr. Speaker —
The Speake r: Good evening.
Bermuda House of Assembly Mr. Christopher Famous: —colleagues, and the li stening audience. I will not be long, Mr. Speaker . I appreciate the previous speakers who cited all the statistics about the College, or what they are doing. So, there is no need for me to repeat that. What I do want to speak on is on a personal basis, Mr. Spea ker. Mr. Speaker, some of us are inclined in different ways —academically, technically, artsy. My mother sent me to Berkeley. I did not want to go there. I wanted to be a mechanic. So, when I graduated from Berkeley, I went right to Bermuda College under t he tutelage of Mr. John Carey who was the Dean of the Technical Department which essentially was the old tech. We hear a lot of people now romanticising about we need to bring back technical school, we need to do this, we need to do . . . yes, I agree. W hen I went to Bermuda College, it was at Roberts Avenue, so that meant I was able to walk from Friswell’s Hill right up to College. I graduated from there in 1989, and since then I have worked at BELCO for almost 30 years. And I owe my career to the Bermuda College. What they taught me, as soon as I went to BELCO and they saw that I graduated from Bermuda College, they knew what training that they had put in place. So, I was hired right away. More than that, Mr. Speaker, three of my chi ldren have gone to Bermuda College. One studied art, one studied business and the last one is there now studying auto mechanics. Fast forward to 2018, the Bermuda College called me and said, Hey, we would like for you to be the speaker during our commenc ement exercise. And I was like, Me? Are you sure? They said, Yes, you graduated from there and you are a proponent of technical education so we would like for you to come up and speak . I tell you, Mr. Speaker, that was one of the proudest moments of my life. I would have never thought I would speak at a college commencement. But what made me even prouder than that was a few months later I was appointed to be on the Board at the College. And there, being at the Board, I was able to see the inner workings of what it takes to make a college work. It is not just a building. It is not just staff. It is passion. You have persons out there, whether they be the administration, whether they be the faculty or whether they be the support staff, all have a passion for the furthering of education of our Bermudian people. I say that in a sense to say that we are, as a country, we are at a crossroads. We do not have enough people having technical knowledge, so we have to import all this labour from overseas to fix our cars, fix our HVAC, fix our plumbing. And at the same time, we have many Bermudians who are underemployed or unemployed. So, in a perfect world, many of these Bermudians who are unemployed or underem-ployed can actually go to the Bermuda College and learn a skill set —not just learn an overnight course, but a full -time course. Whether it be nursing, whether it be mechanics, whether it be accounting, whether it be education, there are a host of things that are af-forded at the Bermuda College. So, even if you are working full -time, there is the PACE programme that allows you to come during the evening times. But, unfortunately, we do not have enough of our Bermudian people taking advantage of what is being afforded. This Government , as MP Hayward said, has provided financial assistance for those who wish to go to the College and we, too. For those students who reach a certain GPA in high school, they do not have to worry about paying for their college. The PLP Government , Bermuda Government is providing that funding. So, beyond all t he rosy statistics that we have heard tonight, my plea is one to our people. The Bermuda College is a school that, . . . if you do not have the money, the Government will put you there. You have to have the equal passion to want to better yourselves. I say that to all my colleagues. All of us have heard, Oh, well my son is not working, or my daughter is not working, can you help them out? Every polit ician, no matter what side you are on, wants to help people out. But we have to have our people wanting to help themselves out. And the College is there to help those who want to help themselves. In closing, Mr. Speaker, the College, . . . a great educational foundation is accredited—18 ac-creditations in the last two years. You save money. You can go there after work. We have now a built -in relationship with the University of West Indies Open Campus that has allowed many of our teachers to get full teaching certification. Again, my final plea is for those who are li stening, if you want to retool, if your son or daughter is in college and you do not have the funds to go send them away, Bermuda College is your first choice. It should not be your last choice. It should be your first choice because once you come out of the college with your associate’s degree, if yo u so desire you can do the Mount Saint Vincent programme and get a bachelor’s degree. My point is that it is there for you. Utilise it. Make the most of it because as a country, we have to transition. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honour able Member. Does any other Honourable Member wish to speak? No other Member? That brings us to the end of that. Thank you, Minister, for your motion. We now move on to the third readings from the Bills that were done today. And I call on the …
Thank you, Honour able Member. Does any other Honourable Member wish to speak? No other Member? That brings us to the end of that. Thank you, Minister, for your motion. We now move on to the third readings from the Bills that were done today. And I call on the r espective Ministers to do their third readings. First would be the EU withdrawal. And, Minister Wilson, it looks like you are g oing to stand in for a couple of the Ministers. 3044 14 February 2020 Official Hansard Report
Bermuda House of Assembly SUSPENSION OF STANDING ORDER 21
Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled EU Withdrawal (Consequential Amendments) Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAre there any objections to that? No objections. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING EU WITHDRAWAL (CONSEQUENTIAL AMENDMENTS) ACT 2020 Hon. Kim N. Wilson: I move that the Bill be now read for the third time by its title only and passed.
The SpeakerThe SpeakerIt has been read and pas sed. [Motion carried: The EU Withdrawal (Consequential Amendments) Act 2020 was read a third time and passed.]
An Hon. Member An Hon. MemberThank you, Minister.
The SpeakerThe SpeakerThe next one to be read this evening will be the Contributory Pensions Amendment —
Some Hon. Members Some Hon. MembersNo, that was an Order.
The SpeakerThe SpeakerOh, that was an Order. That is right. So we do not do that one. The next Bill that was done this morning was the Public Holidays Amendment Act 2020. And, Minister Foggo, would you like to do your third readi ng? SUSPENSION OF STANDING ORDER 21 Hon. Lovitta F. …
Oh, that was an Order. That is right. So we do not do that one. The next Bill that was done this morning was the Public Holidays Amendment Act 2020. And, Minister Foggo, would you like to do your third readi ng? SUSPENSION OF STANDING ORDER 21
Hon. Lovitta F. Foggo: I certainly would, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled Public Holidays Amendment Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? No objections. Continue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PUBLIC HOLIDAYS AMENDMENT ACT 2020 Hon. Lovitta F. Foggo: I move that the Bill be now passed.
The SpeakerThe SpeakerIt has passed, been read and passed. [Motion carried: The Public Holidays Amendment Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerThe next third reading will be for the Deputy Premier. Would you like to do your matter, Deputy Premie r? Hon. Walter H. Roban: Yes. Good evening, Mr. Speaker.
The SpeakerThe SpeakerYes. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Submarine Communications Cables Act 2020 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? No objections. Continue on, Deputy Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING SUBMARINE COMMUNICATIONS CABLES ACT 2020 Hon. Walter H. Roban: I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerIt has been read for a third time by its title and passed. [Motion carried: The Submarine Communications C ables Act 2020 was read a third time and passed.]
The SpeakerThe SpeakerMr. Premier. Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn until Budget Day, Friday, February 21 st. Bermuda House of Assembly The Speaker: Next week, Friday at 10:00 am. Does any Member wish to speak? No Member? [Laughter] ADJOURNMENT
The SpeakerThe SpeakerOh, I see my dear friend Mr. Famous is on his feet. Were you packing your bags, Mr. Famous, or are you ready to speak?
The SpeakerThe SpeakerAll right. Well, Mr. Fa mous, you have the floor. HIGH COST OF LIVING
Mr. Christopher FamousMr. Speaker, it has been a long time since I had a motion to adjourn. Mr. Speaker, allow me to quote something from the Bible. “No one can serve two masters.”
Mr. Christopher Famous“Either he will hate the one and [love] the other. You cannot serve God and money.” Let me repeat: “You cannot serve God and money.” Matthew 6:24. Mr. Speaker.
Mr. Christopher FamousYou would have to be mute . . . (It is not offensive to say mute, right?) One would have to be mute and blind to not have noticed over the last few weeks the OBA have been on this PR campaign almost every day, all these op- eds. I …
You would have to be mute . . . (It is not offensive to say mute, right?) One would have to be mute and blind to not have noticed over the last few weeks the OBA have been on this PR campaign almost every day, all these op- eds. I mean, it is pretty slick; I have to give it to them. Tal king about the cost of living, Bermudians are leaving. Yes, they might. My sister -in-law texted me and says, Hey, you gotta tune in to David Lopes. I am like , I don’t like country music. [She said, ] No, no, no, not country music. Honourable Member Craig Can nonier is on David Lopes. I was at work, so I couldn’t listen to it. So I said, What is he saying? [She said] He’s saying we need more people! We need more people! The country is going downhill!
Hon. L. Craig Cannonier: That is not what I said.
Mr. Chris topher FamousI said that is what she said. So it is hearsay. [Inaudible interjections]
Mr. Christopher FamousBut anyway, let me digress. Let me digress. You see, the average Joe can say, Yes, the cost of living is high! I can’t afford milk. Rent is going up. Taxes are going up. So what they are doing, Mr. Speaker, is appealing to people’s sensitivities. No one is going …
But anyway, let me digress. Let me digress. You see, the average Joe can say, Yes, the cost of living is high! I can’t afford milk. Rent is going up. Taxes are going up. So what they are doing, Mr. Speaker, is appealing to people’s sensitivities. No one is going to say, Nah, nah, cool, bro. I like to call — Hon. L. Craig Cannonier: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order, yes. We will take your point of order. POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: The Honourable Member is misleading this House. He is also misleading the public. Facts are facts! And the fact is that people are leaving this Island. That is not appealing to …
Mr. Christopher FamousWell, well, well. Looks like it is going to be a spicy night tonight. Anyway, Mr. Speaker, appealing to people’s sensitivities. But the words ring hollow —hollow, H -OL-L-O-W—hollow. It means nothing there . You see, there is a thing called doublespeak. We are going to say this, but we’re …
Well, well, well. Looks like it is going to be a spicy night tonight. Anyway, Mr. Speaker, appealing to people’s sensitivities. But the words ring hollow —hollow, H -OL-L-O-W—hollow. It means nothing there . You see, there is a thing called doublespeak. We are going to say this, but we’re going to do that. We’re going to do that, but we’re going to say this. It does not correlate. Let us look at some examples. Our Honour able Health Minister, Ms. Kim Wilson, is being beaten daily in the blogs, right? Rumours, innuendo, the most craziest things are being written. Why? Because this Government is committed to lowering or mitigating health care costs. As anyone who has canvass ed . . . that is one of the top things they talk about. Oh, insur-ance is going up. Oh, I cannot get . . . my co -pay is $300. I had a young man come to my house yesterday. He has lost his spleen . . . sorry, his kidney and his bladder. He has to get chemo. He is on dialysis. But he cannot get insurance because he has a pre-existing condition. So what? As a Government we have a responsibility to address those concerns. So 3046 14 February 2020 Official Hansard Report
Bermuda House of Assembly we are here addressing those concerns. Do we have all the answers? No. We do not. But what happened? Two years ago, Honourable Member Scott Pearman got up and said, Oh! You want that type of insurance? Move to Canada! It’s not going to work here. What sort of compassion is that? The Honourable Opposition Leader just said people are leaving. One of the reasons people are leaving is they cannot afford health care in this Island. We are here trying to address that, and we are getting lambasted! This phantom Patients First group, fac eless—
[Inaudible interjections]
Mr. Christopher FamousI am sticking to what I said. This p hantom Patients First Group, right, who will not reveal who they are, is making all these insi nuations about what we are planning. Here is the thing, Mr. Speaker, I have never once heard the OBA talk about how to lower …
I am sticking to what I said. This p hantom Patients First Group, right, who will not reveal who they are, is making all these insi nuations about what we are planning. Here is the thing, Mr. Speaker, I have never once heard the OBA talk about how to lower hea lth care costs. The only thing I have heard from them . . . the only thing I have heard from the OBA is for women to do what? Get a ma mmogram every two years. When have they ever spoken about how to lower health care costs? Hon. L. Craig Cannonier: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: I am not sure which parti cular hole the Honourable Member has been living in. He is misleading this House. We have put forward, while we were Government and Opposition, opport unities for lowering the cost of health care. …
Point of order.
POINT OF ORDER [Misleading] Hon. L. Craig Cannonier: I am not sure which parti cular hole the Honourable Member has been living in. He is misleading this House. We have put forward, while we were Government and Opposition, opport unities for lowering the cost of health care. So I am not sure . . . you know, maybe he has been living in the FinTech hole, and he still has not come out of that to figure out what is being done and said in Bermuda.
Mr. Christopher FamousThat is very good. But you know what, Mr. Speaker? On the website for this House of Parliament, there is a thing called the Register of Interest. Every Member is supposed to write down, declare, what they have interes t in. And lo and behold, I go on there and …
That is very good. But you know what, Mr. Speaker? On the website for this House of Parliament, there is a thing called the Register of Interest. Every Member is supposed to write down, declare, what they have interes t in. And lo and behold, I go on there and what do I find? MP Scott Pearman, major shareholder of two insurance companies, Argus and BF&M. So let us ask ourselves. Does he want insurance premiums to go down? How is that going to affect his stock portfolio? That is why he said, If you want to change the health care system, move to Canada. Uncompassionate. That is why I say their words ring hollow. Let me move on, Mr. Speaker. Two weeks ago, Honourable Wayne Furbert brought legislation to this House that would allow the Department of Stati stics to provide this Government with the cost of staple items. They say, Control the cost. They did not say, Lower the cost. They did not say, Put price controls. Just allow us to see what these costs are. No less than thre e OBA MPs got up and said, Why have they got to do this? Why have you got to do that? Just two days ago, Senator Kempe basically repeated the same thing in the Senate. We are trying to provide people with information, how best to save money. And they are co mplaining. That is why I say their words ring hollow. You can get on the TV. You can get on the radio. You can get on the newspaper and talk about cost of living. But your actions are saying you do not want to control the cost of living. Let me move on, Mr. Speaker. Two weeks ago, our Whip gave one of his most memorable performances in this House. He talked about the middl eman. And what happened? After it was all over, the middleman ran to him and said, Why do you have to talk about me?
[Laughter]
Mr. Christopher FamousI mean, it was like, Whoa! Guilt was written all over you, man. Calm down. You see, here is the thing, Mr. Speaker. If you have a business interest over here, you want to maximise your profits. If the people who are saying, Oh, the costs are too high! The …
I mean, it was like, Whoa! Guilt was written all over you, man. Calm down. You see, here is the thing, Mr. Speaker. If you have a business interest over here, you want to maximise your profits. If the people who are saying, Oh, the costs are too high! The only way the costs are going [to go from being] too high to [being] lower, is if you lower what your profits are going to be. But, no, they do not want to do that. They want to keep making that money. Mr. Speaker, here is the thing. Sugary drinks have a duty of 75 per cent. Diet drinks have a duty of 15 per cent. That is a vast difference. So here is the thing. I asked a question last week in the newspaper. May I quote that question, please, Mr. Speaker?
Mr. Christopher Famous“Would it be possible for Michael Dunkley to let us know why the diet soft drinks that he imports cost almost the same as regular soft drinks?” Hmm. Very simple question. What did he do? He wrote a letter to the editor entitled, “Famous, get your info correct.” Let me …
“Would it be possible for Michael Dunkley to let us know why the diet soft drinks that he imports cost almost the same as regular soft drinks?” Hmm. Very simple question. What did he do? He wrote a letter to the editor entitled, “Famous, get your info correct.” Let me . . . can I quote what he said, Mr. Speaker?
Mr. Christopher FamousHe wrote . . . well, he quotes me saying, “W ould it be possible for Michael Dunkley to let us know why the diet soft drinks that he Bermuda House of Assembly imports cost almost the same as regular soft drinks?” Key words, almost the same. He wrote, “Wrong …
He wrote . . . well, he quotes me saying, “W ould it be possible for Michael Dunkley to let us know why the diet soft drinks that he
Bermuda House of Assembly imports cost almost the same as regular soft drinks?” Key words, almost the same. He wrote, “Wrong again! They do not; there is a large difference” (key words, large difference) “in the price of a case of diet compared with regular that we sell.” I am going to repeat that: “ They do not; there is a large difference in the price of a case of diet compared with regular that we sell. ” So, you know what, Mr. Speaker? I tried. I examined what is this “large difference.” I called there today. Well, I g ot someone to call for me. Are you all good with math?
[Inaudible interjections]
An Hon. Member An Hon. MemberAs long as you didn’t go to Berk eley.
Mr. Christopher FamousI went to Bermuda College. This is not Berkeley math; it is Bermuda College math. Get this, Mr. Speaker.
The SpeakerThe SpeakerAh-ah! Minister. Minister. Minister! Mi nister! [Inaudible interjections]
Mr. Christopher FamousLet me get to that. Hold on. A case of Diet Pepsi costs $14.00. That is a difference of $2.38 between regular Pepsi and Diet Pepsi. Key word, he said, “there is a large difference . . .” So first I was going to do some Berkeley math. Then I …
Let me get to that. Hold on. A case of Diet Pepsi costs $14.00. That is a difference of $2.38 between regular Pepsi and Diet Pepsi. Key word, he said, “there is a large difference . . .” So first I was going to do some Berkeley math. Then I said, Nah, nah, nah. Let me do some Bermuda College math. I divided those cases by 24, because that is what comes in a case, right? And guess what, Mr. Speaker? Price per can: regular soda $0.68; diet soda $0.58. That is $0.10 difference. And the tax is vastly different. So, that is an example, Mr. Speaker . Here he is trying to lambast me, saying “there is a large difference.” And there is no large difference. But that speaks to a mind- set that you have a lower tax on diet soda, but you are still charging a high price. How is that adding up when you are tr ying to talk about the cost of living when you are charging all this money for something that you are not being taxed as much? Mr. Speaker, let me move on. You see, the OBA talks about the challenges of local retailers. Local retailers hire 3,000 people. So, yes, we have got to defend that. But what they are not saying is that one of their own MPs, a former MP, owns a company that is bringing in all the goods that are being ordered on Amazon.
An Hon. Member An Hon. MemberYes. Another Hon. Member: What? Say it ain’t s o.
Mr. Christopher FamousI mean, that is like . . . what do they call that there? Double- dipping? You are complaining that people are bringing in stuff online, but you are making your money off of the people bringing in stuff online. So how can you cry against retailers, but then make …
I mean, that is like . . . what do they call that there? Double- dipping? You are complaining that people are bringing in stuff online, but you are making your money off of the people bringing in stuff online. So how can you cry against retailers, but then make your money off the people who are not supporting the retailers? So you are get-ting it either way. You see? Here is the thing, Mr. Speaker. R etail around the world is shrinking. Ten thousand retail jobs have been lost in just this year alone in London . . . in England. Right? The bigger picture, Mr. Speaker, is the hypocrisy of the OBA. The OBA has been around for nine years since 2011, four and a half years as the Government, four and a half years as Opposition, four and a half years and counting as Opposition. And in that entire time, I can hardly think of anything they have said to counter the cost of living in Bermuda. Meanwhile, we are here fighting tooth and nail with the insurance companies, with the grocery stores to lower the cost of living for Bermuda, right? We have successfully negotiated with BELCO to keep their costs down and lower it by 3 per cent, something that has never been done in almost 15 years. But no, they are going to keep talking about, Oh, the Bermu da Government is this. They’re just driving up the cost of living, blah-blah-blah. When have they ever suggested anything of any magnitude that is going to lower the cost of li ving for Bermudians? Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speak er.
The SpeakerThe SpeakerYes. POINT OF ORDER [Misleading] 3048 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: I just think the Honourable Member may not be aware, but I think he is inadvertently misleading the House inasmuch as . . . just as one example, he …
Yes.
POINT OF ORDER [Misleading]
3048 14 February 2020 Official Hansard Report
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: I just think the Honourable Member may not be aware, but I think he is inadvertently misleading the House inasmuch as . . . just as one example, he might recall that ther e was in fact a negotiated arrangement with the grocery stores to decrease the cost of groceries for a signif icant period of time, which was outside of the regulator sort of 5 per cent Wednesday discount. It was a 10 per cent, I believe was the rate. And i t was for an extended period of time. So I think that that was just one initiative. And I think that the Honourable Member may not be aware of it.
Mr. Christopher FamousMr. Speaker, I was waiting for that one. What the Member has not said is that at the same time, they gave those same grocery stores, supermarket chains, the Sunday morning liquor l icences.
Some Hon. Members Some Hon. MembersYes! [Desk thumping]
Mr. Christopher FamousSo places like social clubs, who are making money off the little six -pack here and there started losing money. Meanwhile, MarketPlace . . . Oops! I should not call their names. Big local chains, not Lindo’s, started making money off of li quor. So ask yourself. Pretend to give …
So places like social clubs, who are making money off the little six -pack here and there started losing money. Meanwhile, MarketPlace . . . Oops! I should not call their names. Big local chains, not Lindo’s, started making money off of li quor. So ask yourself. Pretend to give them a little 10 per cent here, and m ake all this money off of liquor here. My point again, Mr. Speaker, you cannot serve two masters. Right? What? If that is their only example, I am wai ting for something else. At the same time, they jack the workers of Bermuda for Furlough Day. So you took your workers’ money and then you are going to pr etend that you gave them a break in the grocery store? No, you did not. Mr. Speaker, it is clear to see what the next election battle lines are going to be on. It is not going to be about immigration. It i s not going to be about racism. It is going to be about the cost of living. And that is why the OBA are attempting to appeal to people’s sensitivity as if they are the vanguards of trying to protect people’s cost of living. But when in reality, business -wise, they are the ones, they or their supporters, some of their supporters, are the ones jacking up prices. Mr. Speaker, we lowered and eliminated duty on some staple items —apples, eggs, broccoli. Have the people of Bermuda seen a lowering of those pri ces? No! So ask yourself: If you, as a retailer, are getting a break on the duty —
[Inaudible interjection]
Mr. Christopher FamousYes, let me finish, Mr. Speaker. You are getting a break on the duty . . . I see that, Mr. Speaker. You are getting a break on the duty, but you are raising the price on the cost. Do you care about the people? When have the OBA ever …
Yes, let me finish, Mr. Speaker. You are getting a break on the duty . . . I see that, Mr. Speaker. You are getting a break on the duty, but you are raising the price on the cost. Do you care about the people? When have the OBA ever spoken out against that? When? When have you spoken out against that? Never! You do not care about the people’s costs. You are just doing this for politics, and the people see through that. So, Mr. Speaker, this party, this Government, we are going to keep fighting for our people. We are going to keep fighting for that guy who cannot get d ialysis because he has a pre- existing condition. Meanwhile, y ou can hide behind Patients First and try to protect the profits of Scott Pearman. Mr. Speaker, I am finished. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerDoes any other Honourable Member wish to speak? We recognise the Honourable Member Gordon-Pamplin. Honourable Member, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I just have a couple of comments that I wish to make.
The SpeakerThe SpeakerGo ahead, Member. HIGH COST OF LIVING Hon. Patricia J. Gordon -Pamplin: And that is I wish firstly to address the comments that were made by the Honourable Member, indicating that all the increases have been at the hands of the OBA and that we do not care. You know, …
Go ahead, Member.
HIGH COST OF LIVING
Hon. Patricia J. Gordon -Pamplin: And that is I wish firstly to address the comments that were made by the Honourable Member, indicating that all the increases have been at the hands of the OBA and that we do not care. You know, the Honourable Member is pr eoccupied. He is so one -track-minded, you know. There are times when I look at him as almost being a one-trick-pony in a one- horse town in terms of the comments that come incessantly week after week after week on the same topic. I am not going to defend the retailers. I am not going to defend the insurers. I am not going to defend any of that, because the Honourable Member will find that whatever criticism he has, he will mete that crit icism out and it will appear however it appears, and so be it. We will do as we do, and we will co ntinue to do our best for the people of Bermuda. But one of the things that was very interesting is, I have a habit, Mr. Speaker, of looking at my bills very, very carefully. And yesterday, as my bills came in, I am one who, when a bill walks in the door, I go online, I pay it because I am afraid of debt. That is just my personal experience. I am afraid of debt. I do not like to have bills stacking up.
Bermuda House of Assembly So yesterday I received my land tax bill for the month of February. It is due every six months. Last time I paid the land tax bill, it cost me $86. The bill came in the door yesterday cost me $150. And this is as a result . . . this is on one of my apartments.
An Hon. Member An Hon. MemberOne of your apartments? Hon. Patricia J. Gordon -Pamplin: This is one of my apartm ents. It is one of my apartments. [Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: My house in which I live, I can say that, thank goodness . . . [Inaudible interjections] Hon. Patricia J. Gordon …
One of your apartments? Hon. Patricia J. Gordon -Pamplin: This is one of my apartm ents. It is one of my apartments. [Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: My house in which I live, I can say that, thank goodness . . .
[Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: It is my land tax bill. It is my ow n; I have to pay it.
The SpeakerThe SpeakerSpeak to the Chair. Speak to the Chair. Do not get side- tracked. Hon. Patricia J. Gordon -Pamplin: But from $86 to $150. And the Honourable Member is worrying— Hon. Zane J. S. De Silva: A point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: I think the Honourable Member is misleading the House. I do not know if it is intentional or not. She says she just got her land tax bill. But land tax went up last March. So what? …
Point of order.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: I think the Honourable Member is misleading the House. I do not know if it is intentional or not. She says she just got her land tax bill. But land tax went up last March. So what? This is her first bill? So you did not get your first one? So maybe we need to talk to the Tax Commissioner and give her her first bill from June that she did not get.
[Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: I am just saying that the bill came in. Last time I paid the bill, this time last year —
Some Hon. Members Some Hon. MembersAh! [Inaudible interjections and general uproar ] Hon. Patricia J. Gordon -Pamplin: —was $86.
The SpeakerThe SpeakerTalk to the Chair. Hon. Patricia J. Gordon -Pamplin: This year, this bill was $150. Hon. Zane J. S. De Silva: Mr. Speaker, I will take that as an apology. Thank you. Second time today she has had to make an apology! [Crosstalk]
The SpeakerThe SpeakerTalk—no, no. Hon. Patricia J. Gordon -Pamplin: If I misled . . . no, I would have had a bill in August, in August. [Inaudible interjections and laughter ] Hon. Patricia J. Gordon -Pamplin: I pay land tax. Start again. For one of my apartments! [Inaudible interjections] Hon. Patricia J. …
Talk—no, no.
Hon. Patricia J. Gordon -Pamplin: If I misled . . . no, I would have had a bill in August, in August. [Inaudible interjections and laughter ] Hon. Patricia J. Gordon -Pamplin: I pay land tax. Start again. For one of my apartments!
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: None of your business.
[Inaudible interjections and laughter ]
Hon. Patricia J. Gordon -Pamplin: But it was $86 the last time, this time last year. And it was $150 this time this year. I just want to say that there is a significant di fference in the amount of land tax t hat this particular apartment has suffered. So this is part of the costs that we have to bear as a people based on the taxes that the Government has put up. That is what I wanted to detail.
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker! Point of order.
The SpeakerThe SpeakerWhat is your point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member has to be misleading the House. She just said that the burden is putting on the people of this country, and she is there touting, saying, one of her many apar …
What is your point of order?
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: The Honourable Member has to be misleading the House. She just said that the burden is putting on the people of this country, and she is there touting, saying, one of her many apar tments. And she is talking about she got a bill for $150? Are you serious?
Hon. Patricia J. Gordon -Pamplin: On one of my apartments. Mr. Speaker, here is what is unfortunate. [Inaudible interjections]
The SpeakerThe SpeakerMembers, Members. Allow the Member to speak. Allow the Member to speak. 3050 14 February 2020 Official Hansard Report Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Here is what is unfortunate, Mr. Speaker. Mr. Speaker, what I find unfortunate is that Members here are so hell -bent on …
Members, Members. Allow the Member to speak. Allow the Member to speak. 3050 14 February 2020 Official Hansard Report
Bermuda House of Assembly Hon. Patricia J. Gordon -Pamplin: Here is what is unfortunate, Mr. Speaker. Mr. Speaker, what I find unfortunate is that Members here are so hell -bent on being personal that they do not stop to think that we are talking about issues that affect everybody.
An Hon. Member An Hon. MemberNo, we are not! [Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: And I do not mind if the Honourable Member wants to know how many apartments I have. I have worked. In fact, Mr. Speaker, I have recently retired from my primary job after working for 55 years in the …
No, we are not! [Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: And I do not mind if the Honourable Member wants to know how many apartments I have. I have worked. In fact, Mr. Speaker, I have recently retired from my primary job after working for 55 years in the work industry.
[Desk thumping] Hon. Patricia J. Gordon -Pamplin: So I have worked hard. I have saved my money. I have built a house. I have an apartment . I do have some extra income. I do not apologise for that because I have earned it!
[Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: But based on that, Mr. Speaker, what I am saying is that while I was able to open the bill and pay it yesterday, and just to make sure that it is abundantly clear, I am comparing my $150 bill for February of this year as against February of last year. So if I did not make that clear, I want to make sure that this is clear. But these are the sorts of things that we are dealing with. Because while individuals may have the opportunity and may have the ability to write a cheque when those bills come in the door, there are those who are struggling and who cannot write that cheque when that bill comes in the door. They do not have that freedom or that flexibility to say that this additional money is there to be able to keep up on top of the bills. So when we start criticising costs, we also have to consider that some of the challenges that our seniors are facing, some of the challenges that our people are facing have been done at the hands of the Government, who have put up taxes every which way you turn in order to make the money balance, in order to balance the budget, as they boasted of their ability to do so. But it is costing people money. And people have to continue to juggle as to how they choose to spend their money. But that was really not the intent that I wanted to stand and speak today, Mr. Speaker.
CORONAVIRUS AND ANTHEM OF THE SEAS Hon. Patricia J. Gordo n-Pamplin: I was castigated earlier in the week for having delivered a statement with respect to the coronavirus and the Anthem of the Seas. And I have been told that it was doing nothing but creating hysteria, and that I was scaremongering and I was polit ical, opportunistic and all sorts of other things that were meted out at me.
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: But let me just say here is where the challenge is, Mr. Speaker. The coronavirus has been fairly recently identified coming out of Wuhan in China. I happen to have been in Australia at the time when the Australian Government decided that they were going to stop aircraft coming in from China—
[Inaudible interjections and laughter ]
Hon. Patricia J. Gordon -Pamplin: I am complaining about $150 because that is $150 I did not have to spend on . . . to pay my bills from Australia.
An Hon. Member An Hon. MemberWhy were you in Australia, huh? Oh boy. Oh boy, Pat. Hon. Patricia J. Gordon -Pamplin: To pay my bill. But the Government decided they were not going to . . . and that was after saving for two years in order to get there. Let me point that out. …
Why were you in Australia, huh? Oh boy. Oh boy, Pat.
Hon. Patricia J. Gordon -Pamplin: To pay my bill. But the Government decided they were not going to . . . and that was after saving for two years in order to get there. Let me point that out. Let me point that out. Let me point that out!
[General uproar, i naudible interjections and laughter ]
An Hon. Member An Hon. MemberAll right, Pat. Hon. Patricia J. Gordon -Pamplin: Let me point that out. So the Government of Australia had decided that they were not going to permit any aircraft to come in from China. And I thought that this was a very inter-esting thing because I was looking at it. …
All right, Pat. Hon. Patricia J. Gordon -Pamplin: Let me point that out. So the Government of Australia had decided that they were not going to permit any aircraft to come in from China. And I thought that this was a very inter-esting thing because I was looking at it.
[Inaudible interjection]
Hon. Patricia J. Gordon -Pamplin: Absolutely, abs olutely. So, Mr. Speaker, what that government did was say that because this was something that was unknown and they needed to be able to ensure that their people were protected, they wanted to make sure that they minimised the exposure possibility for this challenge to come to their shores for it to become an epidemic and maybe ultimately even a pandemic. So they stopped flights coming in from China. Now, what is very interesting, Mr. S peaker, at the time— Hon. Zane J. S. De Silva: Point of order, Mr. Speaker. Point of order. Point of order.
Bermuda House of Assembly The Speaker: Minister.
POINT OF ORDER
Hon. Zane J. S. De Silva: Well, the Honourable Member can make a statement about what another country did in terms of, you know, stopping flights from coming in direct from China, because we did the same thing. You know, she should not just talk about Australia. She should talk about what Bermuda has done.
Hon. Patricia J. Gordon -Pamplin: I am telling you the way I wish to tell you —
The SpeakerThe SpeakerLet her continue. You can get on your feet when she is finished. Hon. Patricia J. Gordon -Pamplin: You can speak when it is your turn. [Laughter] Hon. Patricia J. Gordon -Pamplin: But what I have done, Mr. Speaker, I listened as that government chose the method by which they …
Let her continue. You can get on your feet when she is finished. Hon. Patricia J. Gordon -Pamplin: You can speak when it is your turn. [Laughter] Hon. Patricia J. Gordon -Pamplin: But what I have done, Mr. Speaker, I listened as that government chose the method by which they were going to contain any possibility of exposure for air flights coming direc tly from China. What was also interesting, Mr. Speaker, was at the same time the United States made that declar ation and most other countries started to look at, where was the source of this virus and how could they mini-mise exposure for their people? At the same time, there were some ships that were quarantined that were in Japan, in the Japanese waters and over in that part of Asia, where the passengers were not able to disembark in order to come onto land. But there was a ship, Mr. Speaker, called the Westerdam, a Holland America ship, a ship that had left Hong Kong on the 1 st of February, for which there had been no known infection on that ship. And that ship was headed to various other ports in Asia. But it was refused landing in Thailand, in Taiwan, in Guam in the Philippines and in Japan. And ultimately, Mr. Speaker —
[Inaudible interjections] Hon. Patricia J. G ordon -Pamplin: Ultimately, Mr. Speaker, it landed in Cambodia in Sihanoukville, and then eventually they allowed people to offload in Phnom Penh. So the anxiety that people experienced, both the passengers on the ship and those people who were on shore–– and there were no cases of coronavirus on the Westerdam at all; there were none. But the anxiety was there. But what happened was that the Government of Cambodia let people know up front the reason why they were accepting this ship was be-cause it was an ext remely minimal exposure that they would have for infection, because there was no known . . . they actually tested passengers on board, and there was no known spread of this virus. Now, come over this side, Mr. Speaker. Pe ople in Bermuda, we are as alert and astute as to worldwide goings -on as anyone else could possibly be. So people here had the ability to not just be online and listen, but to be able to understand that, Hey, all we hear is ‘quarantine.’ So this ship had come in. The Anthem of the Seas had come in from its last voyage. And it had been quarantined because there were four passengers who—
Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. We will take your point of order. POINT OF ORDER Hon. E. David Burt: It is hugely irresponsible for the Shadow Minister of Health to come here and start spreading [un]truths. The ship was not quarantined, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: Sorry, sorry, so rry. The quarantine …
Yes. We will take your point of order.
POINT OF ORDER Hon. E. David Burt: It is hugely irresponsible for the Shadow Minister of Health to come here and start spreading [un]truths. The ship was not quarantined, Mr. Speaker.
Hon. Patricia J. Gordon -Pamplin: Sorry, sorry, so rry. The quarantine were the ships over in Asia. This ship, the Anthem of the Seas, had four passengers who were suspect and had strange symptoms, which happened to be the flu. It had nothing to do with cor onavirus. But put that . . . had nothing to do with cor onavirus. They did not have coronavirus. It was non-existent on that ship. But what was interesting is that the ship, the owners of the ship, the cruise line, had made the de-termination that they would sail, because they had to wait an extra couple of days while the ship was cleared. And under normal circumstances, they would have had a seven- day cruise from New Jersey going down to the Bahamas. They did not have the time. So therefore, they were going to end up doing a five- day cruise to Bermuda so that their passengers would not be totally disabled from having a vacation that they had planned. What was interesting is that the cruise lines had made the determination that they were going to reroute to Bermuda. Given all the anxiety, what we were dealing with, Mr. Speaker, was the challenge that our people here felt when people where coming to us saying things like, Oh my goodness, I —
[Inaudible interjections]
Hon. Patricia J. Gordon -Pamplin: Coming to us . We are representatives here of the people of Bermuda. Notwithstanding that, you know, you would like to think that thi s is only a certain segment. There were people who were coming to us concerned, because they heard about the quarantine over in Asia, the 3052 14 February 2020 Official Hansard Report
Bermuda House of Assembly ships, the fact that there were four people on the Anthem of the Seas [who were sick] . What is happening? What would have been wonderful, Mr. Speaker, is had we stood up and said to the people of Bermuda—
Some Hon. Members Some Hon. MembersWe did. We did. Hon. Patricia J. Gordon -Pamplin: Had we said to the people of Bermuda, in advance of . . . in advance of the cruise line making the announcement that they were coming to Bermuda instead of going to the B ahamas . . . what we …
We did. We did. Hon. Patricia J. Gordon -Pamplin: Had we said to the people of Bermuda, in advance of . . . in advance of the cruise line making the announcement that they were coming to Bermuda instead of going to the B ahamas . . . what we ought to have done . . . they had to sail on Monday. What we should have done, kno wing the point in time at which we had given permission for that cruise ship to c ome to Bermuda, change its voyage (we had to accept it; somebody had to sign to say it is okay for them to come), it would have been a little bit comforting if the Government had said, This cruise liner has to change its plans. If they had said it early en ough to allay the fears — [Inaudible interjections]
Hon. E. David Burt: Point of order, Mr. Speaker. Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order. [Inaudible interjections] POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Member is mi sleading the House. Hon. Patricia J. Gordon -Pamplin: I am not misleading the House! Hon. E. David Burt: And she is going down a road which is purely …
We will take your point of order. [Inaudible interjections]
POINT OF ORDER [Misleading]
Hon. E. David Burt: The Honourable Member is mi sleading the House.
Hon. Patricia J. Gordon -Pamplin: I am not misleading the House!
Hon. E. David Burt: And she is going down a road which is purely irresponsible. She started by trying to defend her statement on Tuesday when the Government put out a stat ement on Sunday morning and then had a press conference on Monday with all of the facts which she is talking about. And then she goes ahead and makes the s tatement on Tuesday which she is trying to defend. She is misleading the House by trying to rewrite the history, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: No, Mr. Speaker. What I said in my statement that I released was that there was anxiety earlier in the week, you know, prior to—prior to my statement, there was anxiety! The number of people—
Hon. Michael J. Scott: But, Mr. Speaker, point of order.
POINT OF ORDER
Hon. Michael J. Scott: The Premier is entirely right. Hon. Patricia J. Gordon -Pamp lin: He is not!
Hon. Michael J. Scott: Because I got directly i nvolved with similar constituents coming to me. You are rewriting modern history. The “anxiety” of which you speak was not having an effect until Sunday in this country. The fact that you read it online, it was not happening until Sunday.
An Hon. Member An Hon. MemberSaturday you mean. Hon. Michael J. Scott: Sunday.
The SpeakerThe SpeakerThank you. Go ahead. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, the cruise ships announced on Saturday that they were comi ng to Bermuda. And all I am saying is that communication to the people of Bermuda would have been wonderful early enough, either in conjunction with or certainly on …
Thank you. Go ahead. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, the cruise ships announced on Saturday that they were comi ng to Bermuda. And all I am saying is that communication to the people of Bermuda would have been wonderful early enough, either in conjunction with or certainly on Saturday, which is when I got the first comments and the first concern. It was Saturday. And all I can say to that, Mr. Speaker, is that it is fine for people to say, We can tell you as Bermudians when we feel like telling you. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
Hon. Patricia J. Gordon -Pamplin: But I think they would want — Hon. Zane J. S. De Silva: Point of order. Point of order, Mr. Speaker.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: The Honourable Member is misleading the House. Hon. Patricia J. Gordon -Pamplin: I am not misleading! Hon. Zane J. S. De Silva : And it is very important, Mr. Speaker — Hon. Patricia J. Gordon -Pamplin: I got emails!
Bermuda House of Assembly Hon. Zane J. S. De Silva: The Honourable Member is saying that she found out on Saturday night. Why could we not mention anything earlier? Well, Mr. Speaker, let us explain to the people of Bermuda. We heard just like she heard, like everyone heard, on Saturday. So what do we do as a respons ible Government? We have to investigate. We have to make sure that what is being said is true and factual. So we have to talk to our overseas partners. We have to check and find out if the health department overseas have done their work. We cannot make an an-nouncement on Saturday when we all find out . . . the Honourable Member said she found out on Saturday just like we did. We had . . . as a Government, we cannot come out on Saturday night and say, Oh, look. La-la-la-la-la-la. No! We are responsible!
The SpeakerThe SpeakerWe got your point. Got your point. Hon. Zane J. S. De Silva: We need correct information before we go to the people, Mr. Speaker.
The SpeakerThe SpeakerGot your point. Got your point. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, what I am saying is that the people of Bermuda were put through unnecessary angst because of the timing. And I believe that had we, in conjunction with the cruise liner's announcement, said to the people of …
Got your point. Got your point.
Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, what I am saying is that the people of Bermuda were put through unnecessary angst because of the timing. And I believe that had we, in conjunction with the cruise liner's announcement, said to the people of Bermuda—
Hon. Wayne Caines: Point of order, Mr. Speaker. Hon. Patricia J. Gordon -Pamplin: For God's sake!
Hon. Wayne Caines: Point of order.
POINT OF ORDER [Misleading] Hon. Wayne Caines: This Member continues to mi slead the House. We gave her information that as soon as it was practicable, we notified the people of Ber-muda. She is continuing to go down this path to say that this Government did not notify the people in time. It is absolutely incor rect! She is besmirching the character of this Government. It is not right, and we will not allow it to continue!
The SpeakerThe SpeakerThank you, Member. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, wit hin the minute and a half that they have left me with jumpi ng up and down, what I am going to say is that I will stand by the position that says that if the a nnouncement was …
Thank you, Member. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, wit hin the minute and a half that they have left me with jumpi ng up and down, what I am going to say is that I will stand by the position that says that if the a nnouncement was made in conjunction with the cruise liner's [announcement] in such a manner that the people of Bermuda were comforted and their concerns and anxieties were assuaged, that we would have ended up in a better position, and we would not have had a plethora of voicemails and emails going around, copies of which I have, where people are saying that they are not going to service the cruise ship, they are not going to go to the docks, they are not going to go to Dockyard because people were afraid, Mr. Speaker.
Hon. E. David Burt: Point of order, Mr. Speaker. Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
Hon. E. David Burt: Point of order, Mr. Speaker.
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: The Honourable Member just . . . she is misleading the House again. She said that the people were not going to Dockyard; taxi dri vers were not going to go. Well, let me tell the Honourable Member and the people of this country. On Monday morning— Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —
Hon. Zane J. S. De Silva: No! Mr. Speaker —
[Crosstalk] Hon. Patricia J. Gordon -Pamplin: The Honourable Member has his opportunity to speak, Mr. Speaker.
Hon. Zane J. S. De Silva: No! I have—
[General uproar ]
The SpeakerThe SpeakerAh! Ah! Ah! Members, Members, Members! Members! Members. Hon. Zane J. S. De Silva: I have a point of order! Hon. Patric ia J. Gordon -Pamplin: He has the opportunity to speak, Mr. Speaker.
The SpeakerThe SpeakerMinister! Minister! Hon. Patricia J. Gordon -Pamplin: Sit down is what the Speaker is saying!
The SpeakerThe SpeakerThere are 28 seconds left. Hon. Patricia J. Gordon -Pamplin: Yes. Thank you, Mr. Speaker. 3054 14 February 2020 Official Hansard Report B ermuda House of Assembly The Speaker: Make your 28- second point. And the Minister has the floor afterwards. Hon. Patricia J. Gordon -Pamplin: And in my 28 …
There are 28 seconds left. Hon. Patricia J. Gordon -Pamplin: Yes. Thank you, Mr. Speaker.
3054 14 February 2020 Official Hansard Report B ermuda House of Assembly The Speaker: Make your 28- second point. And the Minister has the floor afterwards. Hon. Patricia J. Gordon -Pamplin: And in my 28 seconds, Mr. Speaker, I will say that emails and voicemails that I have where people had indicated th at they were afraid to go to Dockyard. They were not going to go there because of the fear, because they did not have sufficient information. And all I am saying is that let us stop as this Government —stop treating people like mushrooms, keeping them in the dark and feeding them dung. [ Timer beeps.]
The SpeakerThe SpeakerThank you, Member. Thank you, Member. The Honourable Minister of Works, I recognise you. You are standing on your feet. [ Inaudible interjections] CORONAVIRUS AND ANTHEM OF THE SEAS
Lt. Col. Hon. David A. BurchMr. Speaker, I was not going to talk about the coronavirus. But I will use one minute to do it. A newsflash for the people of Bermuda and the Opposition: All of us on this side actually have family and friends who live in Bermuda. [Laughter]
Lt. Col. Hon. David A. BurchAnd all of us do not want to get the disease. And so, with that, on that b asis alone, we are going to do nothing, N -O-T-H-I-N- G to jeopardise this country, for God's sakes. My goodness! And it is also our responsibility when people are coming with nonsense …
And all of us do not want to get the disease. And so, with that, on that b asis alone, we are going to do nothing, N -O-T-H-I-N- G to jeopardise this country, for God's sakes. My goodness! And it is also our responsibility when people are coming with nonsense . . . the Honourable Member used the example that a ship that was in Hong Kong and afterwards in New Jersey, and she is concerned about quarantine. For God's sakes! We have a responsibility to speak sense to our people and bring them, and say to them, Nobody is going to jeopardise anybody's health! Anyway, that is all I am saying about that. I will leave that for the Minister. HEALTH CARE REFORM
Lt. Col. Hon. David A. BurchI want to declare my interest, Mr. Speaker, in regard to health care in this country. And I know I am stepping out of my lane. But we have collective responsibility. And as such, I have been getting, along with my colleagues, a collective cut the you- know -what. And …
I want to declare my interest, Mr. Speaker, in regard to health care in this country. And I know I am stepping out of my lane. But we have collective responsibility. And as such, I have been getting, along with my colleagues, a collective cut the you- know -what. And I have had enough. Mr. Speaker, let me declare my interest. I have no shares in any insurance company in this country. And I do not know anybody who has any shares in any insurance company in this country. [ Laughter]
Lt. Col. Hon. David A. BurchYou can learn a lot from me. Mr. Speaker, I want to talk about the fact that we have seen all sorts of distortion and untruths and complete nonsense, quite frankly. Because the PLP started health reform in 2011 and are continuing it now. And whilst I have a difficulty …
You can learn a lot from me. Mr. Speaker, I want to talk about the fact that we have seen all sorts of distortion and untruths and complete nonsense, quite frankly. Because the PLP started health reform in 2011 and are continuing it now. And whilst I have a difficulty with the moniker “Patients First,” Mr. Speaker, it is “Profits First.” And make no mistake about it. The medical fraternity in this country are being fuelled and funnelled by the insurance cartel in this country, Mr. Speaker. They are more concerned about profits than any patient. You look at a bill you get from any one of these service providers. And I accept right now that I am probably going to have to go get a new doctor and a new dentist because I will not trust that they will treat me fairly. [ Laughter]
An Hon. Member An Hon. MemberOr they will put you under. They will take you out. HIGH COST OF PROPERTY INSURANCE
Lt. Col. Hon. David A. BurchOh yes, Mr. Speaker, and for years we have experienced this. I am going to deviate slightly from health care in relation to insurance because it is having a direct impact on my own budget in Public Works this year, Mr. Speaker. I guess I knew it in the last …
Oh yes, Mr. Speaker, and for years we have experienced this. I am going to deviate slightly from health care in relation to insurance because it is having a direct impact on my own budget in Public Works this year, Mr. Speaker. I guess I knew it in the last iteration in this job, the cartel that actually insures government property and government vehicles. But our insurance premiums are going up this year like everybody else’s. And so I asked, Could we have the loss history for the last dec ade and the premiums for the last decade? Because I have always thought, Mr. Speaker, that as a country that bills itself as the insurance incubator of the world and has reinsurance companies in this country up the yin yang, why have we never played in that space? And you know what I learned, Mr. Speaker? I learned that in asking these questions . . . well, first we were told, If you are considering making any changes to insurance, you really should not do that because the sky would fall . Mr. Speaker, that almost mirrors the famous seven last words of the civil ser-vice to Ministers, at least PLP Ministers. And those words are, Oh, no, Minister. You can’t do that. And, Mr. Speaker, so when they say that to me, my DNA
Bermuda House of Assembly suggests that is precisely the direction that I am going to explore. And so I did so, Mr. Speaker. And we, the Government, has a broker, Mr. Speaker. That broker picks insurance for us. And we insure every building we own, including the vacant and derelict ones. And so I want to know on Monday how much my premium is going down because we have demolished three buildings over the last 24 hours, Mr. Speaker.
[Inaudible interjections]
Lt. Col. Hon. David A. BurchOh, it does not matter. I have got a plan for them. And so, Mr. Speaker, we reached out to our broker for information. And you know what I learned, Mr. Speaker? The brokers, the company is called Centurion. I had never heard of them before. And the email came …
Oh, it does not matter. I have got a plan for them. And so, Mr. Speaker, we reached out to our broker for information. And you know what I learned, Mr. Speaker? The brokers, the company is called Centurion. I had never heard of them before. And the email came back from the broker. His email address was whatever -his-name- is@Argus.bm! An d so right away all of my alarm bells went off, Mr. Speaker. And I did some investigation, and I thought, Well, hold on a minute. Of course . . . and the insurance policy is i ssued by them. I thought, Hold on, Mr. Speaker. How are we as a Government and we as a people su pposed to get a fair deal if the person who is brokering the insurance is owned by the insurer? And now it became crystal clear to me, Mr. Speaker, why it was predicted that the sky would fall if we did anything about this. Well, Mr. Speak er, I guess there are still a whole lot of people in this country who really do not know me or know who I am. They think they know me. But, Mr. Speaker, you may recall that I spent about 25 years in insurance in this country and reinsurance, and particular ly in captive reinsurance. So I wheeled in some . . . last week Friday, in fact . . . (Did we meet last week Friday? No.) The 31 st of January when we met, at lunchtime I wheeled in some people from the insurance industry in this country, with all the guilt y in the room from the Ministry of Public Works, and talked about how it is that we could look at getting a better deal than what we have. And, Mr. Speaker, I was appalled that some of the people who are on our team who contributed these premiums were lik e, Oh, no, Minister! You cannot do that. And I reminded them that those are not the words to use to Burch. Because you need to say to me . . . if you do not want me to go down a path or to explore it to its fullest extent, you need to give me some options. And those options might be, That is probably not the way to do it; you should try something else. But telling me I cannot do it is not an option for me, Mr. Speaker. And so as a result of those discussions, there are a number of things that are happening in terms of review. But what has been shocking to me, Mr. Speaker, and I do not believe that it is so; I believe it is part of the plan, too. Because in asking for 10 years’ worth of loss history and 10 years’ worth of premiums, they cannot produce it, Mr . Speaker!
An Hon. Member An Hon. MemberWhy not?
Lt. Col. Hon. David A. BurchAt least that is what they are telling me. Now, Mr. Speaker, equally as appalling is, of course, the award- winning bureaucracy that we serve cannot produce the figures either. So we are c aught somewhat between a rock and a hard place. But what is astounding to me, Mr. …
At least that is what they are telling me. Now, Mr. Speaker, equally as appalling is, of course, the award- winning bureaucracy that we serve cannot produce the figures either. So we are c aught somewhat between a rock and a hard place. But what is astounding to me, Mr. Speaker, is that first of all there are so many options in this equ ation. Before you get to changing your insurer, there are options like reducing the value of the building and not insuring it to replace it. There are options like de-molishing some of these buildings that are vacant and derelict so that you do not have to insure them, that if they fall down on somebody you are going to be liable for paying out some fees. But what is really serving as an incentive for us in Public Works, and forcing me to drive in this direction, Mr. Speaker, is that I am not prepared to have my insurance premiums increase, particularly with the huge estate that the Government has. [There] does not appear to be what would exist in the normal marketplace, the ability to have some leverage and negotiate. I do not think that it is responsible at all to have an insurance company to tell you, This is what it is and off you go. It is not, Mr. Speaker. And I can tell you right now, just as my view of buying Bermuda is dictated by the fact that I will buy Bermuda as long as I am not ripped off by Bermuda, the same approach will apply here. And I can tell you without fear of contradiction . . . I do not know that we will be able to do it this week, but I believe I personal ly believe, and not because I personally believe it are we going to do it . . . I personally, in believing it, have asked the professionals to explore the options in this, for the Government to set up its own captive. We are in an industry where data expertise exists almost on every corner in this city and then some. And I think that we are duty -bound to explore that. And we are duty -bound to go down the path where we look at whether we can reduce . . . how we can reduce the cost, not whether, how we can reduce the cost of paying insurance that is just extortionist, in my humble opinion. I think there is also the possibility, Mr. Speaker, when you look at one’s loss history, and if I bas e it on just my recollection or anybody’s recollection of the number of hurricanes we have had and the space in between them, I know for a fact without one iota of data that they have made off like bandits in terms of the profits that they receive versus t he losses that they have paid . . . I am sorry, the premiums that they have received versus the losses that they have paid and the profits that they have been able to keep. 3056 14 February 2020 Official Hansard Report
Bermuda House of Assembly Now, in addition to that, Mr. Speaker, of course part of the noise to say, Oh, no, don’t go down this path, and nervousness, is that there is no intention . . . I think it is almost $2 billion worth of real estate that the government insures. There is no intention to go down a road to self -insure that because that would be foolish. But there is also such a thing, Mr. Speaker, and where we play in this space, of reinsurance and capping your losses at whatever it is that you want to decide. And, Mr. Speaker, having spent more than 50 years now as a jurisdiction that has suc-cessfully create d and managed captives in this cou ntry for all the Fortune 500 companies, three of whom I worked for, I know, Mr. Speaker, that we can do better in this space. And what I want to say is that in order for us to be able to do some of the things in terms of funding to be able to help Mrs. Smith, because we are not getting any increase in cash benefits from the Minister of Finance, we have got to look at ways internally on how we can save money and redirect that money in order to be able to support some of the social pr ogrammes and some of the works that the Ministry of Public Works should be doing in this country in all 36 districts to help Mrs. Smith. And, Mr. Speaker, I can tell you without the fear of contradiction, as I have told my colleagues, that this i s precisely the road and path on which we are going.
HIGH COST OF LIVING
Lt. Col. Hon. David A. BurchMr. Speaker, the Premier made a speech at the beginning (I can’t even say at the beginning of this session because we have not . . .) talking about the status quo and not sticking to it. And I know we have been subjected to a whole lot of criticism …
Mr. Speaker, the Premier made a speech at the beginning (I can’t even say at the beginning of this session because we have not . . .) talking about the status quo and not sticking to it. And I know we have been subjected to a whole lot of criticism because a whole lot of people who benefit from the status quo do not want it to change. Well, guess what? I think it is fair to say, in every Mi nistry in this Government the status quo is not an option. It is not an option. If we are going to be able to provide for the very same people of this country whom the Opposition were talking about who are looking for prices to be reduced and benefits to increase, we cannot support and continue to support the status quo. And then the Premier mentioned in his speech that he spoke to one of the supermarket chain ow ners, and they said that if they cut out the middleman they could reduce the price. I believe one of those people who manage the largest supermarket chain in this country has already cut out the middleman, Mr. Speaker. And so it is very difficult to process why the prices have not gone down, because you see tractor trailers with their name on the side. You see a warehouse out on—
[Inaudible interjection]
Lt. Col. Hon. David A. BurchNo, that is it, Mills Creek, Mr. Speaker. And so they directly bring in products. And so the suggestion that if you cut out the middleman is copping out an answer that is not entir ely correct. But it is also self -serving. And, Mr. Speaker, I get it. I …
No, that is it, Mills Creek, Mr. Speaker. And so they directly bring in products. And so the suggestion that if you cut out the middleman is copping out an answer that is not entir ely correct. But it is also self -serving. And, Mr. Speaker, I get it. I mean, I think we all get it. Criticism from the Opposition that, you know, prices have gone up and we have not been able to advance our agenda. But that is not because we have been si tting on our laurels. And I can tell you there is a fair amount of frustration on this side that, in order to keep this economy going in the way it has been going and having our agenda highjacked for the last two years by being distracted by every organisation under the alphabet to try and keep Bermuda in compliance and in a space that does not jeopardise the very same international business that we have been talking about. Now is the time, though, Mr. Speaker, to turn our attention to our own agenda. And even though it has been highjacked, it is not going to be highjacked any longer. And we are resolute and committed to making sure that what we promised the people of this country has nothing to do with no damn election. It has to do with helping people, re lief right where they live. The Shadow Minister for Home Affairs, I think suggested earlier that we join together and bring in a container. I will let her know that we are well down that road of doing just that in terms of staple goods, particularly for t he clients of the Bermuda Housing Corporation and those on financial assistance. And I know we are going to get a whole lot of resistance. But trust and believe, Mr. Speaker, co mpetition has always been the benchmark of this country, when it suits them. W hen it suits them, compet ition is good, when they are winning. I would go so far as to say, Mr. Speaker, that some of that might be beneficial to the retail sector, competition. I went downtown this summer to buy a pair . . . I am the captain of Amazon. I will admit to that. My colleagues tell me that. I will look on Amazon for anything, and mos tly for things that you cannot find here. But during the summer, I went and bought a pair of Docksiders. It almost killed me, Mr. Speaker.
[Laughter]
Lt. Col. Hon . David A. BurchA hundred and seventy-nine dollars. I bought them because I wanted them then; you know how we are. [Inaudible interjection]
An Hon. Member An Hon. MemberWow. Bermuda House of Assembly Lt. Col. Hon. David A. Burch: So, Mr. Speaker, I like many . . . No, I would not have shipped them here. Mr. Speaker, so whilst I hear their cry and their plea . . . I cannot remember the name of the store. …
Wow.
Bermuda House of Assembly Lt. Col. Hon. David A. Burch: So, Mr. Speaker, I like many . . . No, I would not have shipped them here. Mr. Speaker, so whilst I hear their cry and their plea . . . I cannot remember the name of the store. And I do not go to town much. But I was walking on Reid Street last week. And a store that used to sell clothes is now, same name, it is one of the Italian— not Benetton; what is the other one? [Inaudible interjection]
Lt. Col. Hon. David A. BurchNo. Whatever it is, I was imp ressed because I looked in the window and they don’t sell clothes no more. I do not know what they sell. [Inaudible interjection]
Lt. Col. Hon. David A. BurchWhat? What are they selling? What? They switched to china and stuff. And they changed their m odel as opposed to, try to now . . . because I guess they could not compete in the clothing space. And that is what is required, Mr. Speaker. You will know. I …
What? What are they selling? What? They switched to china and stuff. And they changed their m odel as opposed to, try to now . . . because I guess they could not compete in the clothing space. And that is what is required, Mr. Speaker. You will know. I know; I am watching it. And this is my last point. You will know that I have responsibility for WEDCO. And one of the challenges that we have, particularly with visitors in the Clock Tower is that —
Lt. Col. Hon. David A. BurchYes! You have our cruise ships. You have got 8,000 people out there in those two docks. And now they are shut up and gone home.
Lt. Col. Hon. David A. BurchAnd, you know, and complaining that their profits are down or complaining that one of the new businesses in Dockyard is sucking all the oxygen out of the air. But if you are not in the business that they are doing, you could benefit from some of those people who …
And, you know, and complaining that their profits are down or complaining that one of the new businesses in Dockyard is sucking all the oxygen out of the air. But if you are not in the business that they are doing, you could benefit from some of those people who are clambering into their place. Change the model, Mr. Speaker. We will work with them. But you cannot look to the Government to provide you with guaranteed profits that you have had for decades, because you no longer have . . . your CEOs no longer have a seat at the Cabinet table to be making decisions for both. Thank you very much.
[Timer beeps.]
The SpeakerThe SpeakerThank you, Minister. [Desk t humping]
The SpeakerThe SpeakerDoes any other Member wish to speak? Minister De Silva, are you on your feet to add a few comments? Hon. Zane J. S. De Silva: Yes, I am, Mr. Speaker. Thank you very much.
The SpeakerThe SpeakerOkay, Minister De Silva. You have the floor. Hon. Zane J. S. De Silva: Thank you.
The SpeakerThe SpeakerBut before you decide to start ––Mr. Swan, will you just give me a break here for a m oment? Thank you. Hon. Zane J. S. De Silva: Now I notice the clock started, Mr. Speaker.
The SpeakerThe SpeakerWell, you can st art talking. Both Mr. Swan and I can hear you. Hon. Zane J. S. De Silva: I am going to start with it. Because, you know, Mr. Swan is doing arithmetic. He is putting down one and he is taking away one. [Mr. Hubert (Kim) E. …
Well, you can st art talking. Both Mr. Swan and I can hear you.
Hon. Zane J. S. De Silva: I am going to start with it. Because, you know, Mr. Swan is doing arithmetic. He is putting down one and he is taking away one.
[Mr. Hubert (Kim) E. Swan , Acting Speaker, in the Chair.]
Hon. Zane J. S. De Silva : Now, Mr. Acting Speaker, while I am s ure that the Speaker who is deputised for the Speaker who just slipped out will take it, but 30 seconds has gone by already.
The Acting SpeakerThe SpeakerYes. Hon. Patricia J. Gordon -Pamplin: But he also took five minutes from me. CORONAVIRUS AND ANTHEM OF THE SEAS Hon. Zane J. S. De Silva: Mr. Acting Speaker, now I would like to start off where the Honourable Member Pat Gordon- Pamplin attempted to try and justify her comments …
Yes.
Hon. Patricia J. Gordon -Pamplin: But he also took five minutes from me.
CORONAVIRUS AND ANTHEM OF THE SEAS Hon. Zane J. S. De Silva: Mr. Acting Speaker, now I would like to start off where the Honourable Member Pat Gordon- Pamplin attempted to try and justify her comments made to the Bermudian people this week. Let me say this, Mr. Acting Speaker. When the Honourable Member said that, you know, we should have informed the people of Bermuda sooner, and as I stated when I jumped to a point of order that we found out like she did on Saturday night. We had to make sure that as a responsible Government we had to get the facts correct before we went to the people of the country with a comment. That being said, you know that there was a press release by the Minister of Health Sunday evening— An H on. Member: Sunday morning. Hon. Zane J. S. De Silva: Sunday morning, sorry. Sunday morning the Minister of Health made a stat e3058 14 February 2020 Official Hansard Report
Bermuda House of Assembly ment. Monday morning, I would like to tell you, Mr. Acting Speaker, that the Ministry of Transport met with the taxi associations, taxi representatives, dispatc hers, minibus associations, minibus drivers, Bermuda Public Transportation Board, BTA [Bermuda Tourism Authority] and a host of others. That was what we did on Monday morning, Mr. Acting Speaker. Okay? That is what a respons ible Government does. We do not go out there looking for political points. [Seeking] political points is all you can put it down to. And tonight it was proven yet again. Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Acting Speaker. The Acting Spea ker: What is your point of order?
POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House, because there is a difference between scoring political points and infor ming the people of Bermuda so that they can assuage their anxiety. There is a distinct difference.
The Acting SpeakerThe SpeakerContinue on, Minister. Hon. Zane J. S. De Silva: Yes, Mr. Acting Speaker. On Tuesday, that is when she . . . why did she not make a statement on Sunday morning? Why did she wait until Tuesday? I will take a seat if the Honourable Member would want to …
Continue on, Minister. Hon. Zane J. S. De Silva: Yes, Mr. Acting Speaker. On Tuesday, that is when she . . . why did she not make a statement on Sunday morning? Why did she wait until Tuesday? I will take a seat if the Honourable Member would want to get up and clarify why she waited almost 72 hours before she made a statement. Oh, I get nothing. I get nothing, Mr. Acting Speaker. You know why? Because I am right. And addition al to Sunday morning press r elease, Monday afternoon the Minister of Health and the Minister of National Security held a press conference with the Chief Medical Officer of Bermuda, Dr. Peek -Ball. And press releases followed. And then we come out with this late-breaking fake news by the O pposition Member on Tuesday!
[Laughter] Hon. Zane J. S. De Silva: So I will leave it there. But I want to just assure the people of the country, Mr. Acting Speaker. Remember, there are strict protocols in place irrespect ive of this virus, this new virus. There are strict protocols in place. And the cruise lines of all hospitality industry leaders, I think they set the standard worldwide. So let us not try to play games with this thing, Mr. Acting Speaker. And that is why I got on that cruise ship on Wednesday morning, got up out of my bed at 4:15 to get out there on that pilot ship. And I am not a seagoing fellow, I can tell you. Those swells were large. [Laughter]
Hon. Zane J. S. De Silva: And climbing from that pilot boat to the cruise ship is not the easiest climb. But I tell you what. I felt that it was important to make a statement that I believe in the health officials in the United States, some of the best in the world, had done their jobs correctly. And then we h ad our health off icials in Bermuda on the ground here to board that ship before anybody got off. So, Mr. Acting Speaker, I was very confident, very confident to get on that ship, very confident i ndeed. So let us not forget the protocols that are standard are strict. And when we heard that they had additional . . . some of the top health officials and organisations in the world investigating and doing their due diligence before that ship left port, I felt very com-forted. So, stop it. Stop it. Mr. Acting Sp eaker, while I am at it, you know, there is a lot of noise being made about this coronavirus. Just as a matter of fact, between October 1 st, 2019, and February 1st this year (do the math), just a couple of months, 14,000 people have died of the flu in the United States —14,000. And 250,000 people have been hospitalised by the flu, by the regular flu.
[Inaudible interjection] Hon. Zane J. S. De Silva: Influenza, indeed. So, Mr. Acting Speaker, it is okay for an O pposition to do their job as Opposition. But for God’s sake, let us not frighten the living death out of our people with misinformation. Not only that, but our tourists! If we are really worried about the livelihood of this country and what makes us tick . . . tourists and bus iness travellers, they travel to this Island, too. Why did not the Honourable Member talk about the BA flight coming from London and how many people come from Asia who come through London come to Berm uda? All our international business partners that we have in the country, I di d not hear anybody say, Shut down every plane. And the other thing is, and for those who think . . . because I saw some of the comments, too. For those who think that Bermuda did this because, Oh, this is an opportunity to make some money on taxes on the cruise lines . Just so that everyone knows, from November 1 st to April 1st any cruise ships that come to the country do not pay any taxes. Okay? So let us be clear on that point. Now, I have a couple more . . .
[Inaudible interjections]
Hon. Zane J. S. De Silva: Yes, dead silence, in’it now, Mr. Acting Speaker. Dead silence.
The Acting SpeakerThe SpeakerYes. Bermuda House of Assembly Hon. Zane J. S. De Silva: Dead silence. I do not hear a peep! I do not hear a peep from the other side. HIGH COST OF LIVING Hon. Zane J. S. De Silva: Now, Mr. Acting Speaker, I have two little, two other things …
Yes.
Bermuda House of Assembly Hon. Zane J. S. De Silva: Dead silence. I do not hear a peep! I do not hear a peep from the other side.
HIGH COST OF LIVING
Hon. Zane J. S. De Silva: Now, Mr. Acting Speaker, I have two little, two other things I want to touch on. One is the Honourable Member Pat Gordon- Pamplin stood up, and she talked about she was afraid of debt.
Hon. Patricia J. Gordon -Pamplin: I am.
Hon. Zane J. S. De Silva: And she says it again; she is afraid of debt. And she was in Australia. And earlier today she talked about how 1.5 per cent increase to our seniors’ pension is nothing at all. Well, I did not hear anybody talk about the OBA’s four and a half years when they gave our seniors zero. And we have given them an increase every year since we have been in Government. And we will continue to do so. Hon. Patricia J. Gordon -Pamplin: You know what? It is not even worth it.
Hon. Zane J. S. De Silva: So, now and the other thing, Mr. Acting Speaker, right? The Honourable Member says she is afraid of debt. Of course she is afraid of debt. And I have said on this floor many times I am not afraid of debt because there is good debt and bad debt. And we will talk about that at a nother time.
CHANGES TO BERMUDA TOURISM AUTHORITY
Hon. Zane J. S. De Silva: But what I want to talk about tonight, Mr. Acting Speaker, is the headline in today’s paper. “Island scores record tourism figures.” And, of course, Pat Gordon- Pamplin, the Honourable Member, says that was good. It certainly reads good. But as a Tourism Minister, I am not happy about that, Mr. Acting Speaker. I am not happy at all. I am not happy at all. And I think the Honourable Member has hit the nail on the head because she talks about there should be more air arrivals. Yes, there should. And there should be more air arrivals. To me, this is a great headline, great, fantastic, good for people who read it. But for me as a Tourism Minister, I am not satisfied at all. And none of us s hould be satisfied because the air arrivals . . . and, of course, you notice that there was a slight increase in spending as well. These numbers are great. They are great. But this does nothing to improve the dissatisfaction that I have. And why do I say t hat as a Minister? You might say, Jeez, Minister, you should be beating your chest. No, I am not beating my chest. Because we have had a Bermuda Tourism Authority for how many years now? About five? What have we done? Now, let us be clear. We have some hard - working people in the Tourism Authority. We have a board of the Tourism Authority. Am I happy with these figures? Hell, no. And will we make some changes? Some changes are coming. I want to lay down a marker tonight. I want to lay down a marker, because, you know what? The way the legislation was set up by the OBA is the Minister can only do so much. But let me assure the people of the country and the people in this Chamber that changes are coming. And they are coming as soon as this week.
The Acting Sp eaker: Mm-hmm.
Hon. Zane J. S. De Silva: We have a board, and some members of the board have done well, thank you very much. Some will continue to do well. But changes are coming because, quite frankly, we have had long enough. And you will remember, Mr. Acting Speaker, that it was just a couple of years ago when the Ho nourable Member, when he was Opposition Leader, I believe, announced it to the people of the country that we had our lowest number of air arrivals in 48 years. And I said at the time, as the Opposition Tourism Mi nister, guess what? It is only one way for us to go. And it had to be up. When you hit the bottom, it is only one way to go. Now, we have had some increases in air visitors over the last couple of years. But we had $100 million injec tion, too. From who? The taxpayers of this country. But now, wait a minute. When was that big race? What has happened since then? You will r emember the OBA touted we are going to have a $300 million legacy. Where is it? We have had airlines that have pull ed out.
An Hon. Member An Hon. MemberAnd more money for the Tourism Authority. Hon. Zane J. S. De Silva: And increased money for the Tourism Authority. So I can assure you, Mr. Acting Speaker, there are changes a’coming. There are changes a’coming. OBA AIRPORT PROJECT Hon. Zane J. S. De Silva: Mr. Acting Speaker, let me …
And more money for the Tourism Authority. Hon. Zane J. S. De Silva: And increased money for the Tourism Authority. So I can assure you, Mr. Acting Speaker, there are changes a’coming. There are changes a’coming.
OBA AIRPORT PROJECT
Hon. Zane J. S. De Silva: Mr. Acting Speaker, let me bring something else to everyone’s attention, because, you know, when we had that debate over the airport some years ago . . . only a couple of years ago, sorry . . . when we had that debate, I remem ber distinctly that the OBA stated time and time again during those debates that Skyport would be paying the airlines for any fees that had to be paid in order to i ncrease airlift to the country. Well, I have been there for about a year and three or four m onths. I can tell you now, it ain’t the case. Skyport are not, they are not doing their part. 3060 14 February 2020 Official Hansard Report
Bermuda House of Assembly You remember all the money that is generated at that airport, all of it, does not come to the taxpayers of this country. Not one red cent comes to this country! And the Honourable Member Pat GordonPamplin says, Well, they are paying for the building. Really? That is nice. That is nice. They are paying for the building. Wow.
[Inaudible interjections]
[Gavel]
The Acting SpeakerThe SpeakerMembers. Hon. Zane J. S. De Sil va: Mr. Acting Speaker, you see, now I can flip back really quickly. [Inaudible interjection] Hon. Zane J. S. De Silva: And my honourable co lleague, Scott Simmons, said, You were not afraid of debt then. Exactly right. In her personal life, the …
Members.
Hon. Zane J. S. De Sil va: Mr. Acting Speaker, you see, now I can flip back really quickly.
[Inaudible interjection]
Hon. Zane J. S. De Silva: And my honourable co lleague, Scott Simmons, said, You were not afraid of debt then. Exactly right. In her personal life, the Ho nourab le Member is afraid of debt. But when she is si tting around the Cabinet table, she says, Oh, no. Let’s go! And let us talk about it —$40 million for Cross I sland, $100 million for the America’s Cup, $300 million for the airport, $200 million for Morgan’s Po int. We were not afraid of debt then! You know why? It was the taxpayers’ money!
An Hon. Member An Hon. MemberAhh! Talk about it! Let them know! [Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerWhat is your point of order, Member? POINT OF ORDER [Misleading] Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House. There was no point in time at which any Cab inet of the One Bermuda Alliance had a cavalier or nonchalant approac h towards the money that …
What is your point of order, Member?
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House. There was no point in time at which any Cab inet of the One Bermuda Alliance had a cavalier or nonchalant approac h towards the money that was required to be raised! We inherited a Government at a point in time—
[Gavel] Hon. Patricia J. Gordon -Pamplin: You should have gone on the other way, —
The Acting SpeakerThe SpeakerYou walked across — Hon. Patricia J. Gordon -Pamplin: —but that is okay. That is to be expected. We inherited a Government at a time when the finances of the Government were absolutely in the toilet. And we had to do what was necessary just to keep this country from …
You walked across — Hon. Patricia J. Gordon -Pamplin: —but that is okay. That is to be expected. We inherited a Government at a time when the finances of the Government were absolutely in the toilet. And we had to do what was necessary just to keep this country from falling off the edge of the prec ipice! So i f Members cannot appreciate that, then it is on them, not us!
The Acting SpeakerThe SpeakerContinue on, Minister. Hon. Zane J. S. De Silva: Wow! Wow, Mr. Acting Speaker! “If we cannot appreciate that!” You know, the same Government that told seniors, Money don’t grow on trees, three months later found $100 million for America’s Cup —$100 million! And Bob Richards stood up and said …
Continue on, Minister.
Hon. Zane J. S. De Silva: Wow! Wow, Mr. Acting Speaker! “If we cannot appreciate that!” You know, the same Government that told seniors, Money don’t grow on trees, three months later found $100 million for America’s Cup —$100 million! And Bob Richards stood up and said just a couple of months ago, if he had to do it again, he would do it the same way. Really? Given our . . . and Pat Gordon- Pamplin says she would, too! The people of the country need to know that she just said she would do it again, too. You would give our airport away!
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Acting Speaker. Point of order, Mr. Acting Speaker.
The Acting S peaker: What is your point of order?
POINT OF ORDER [Misleading]
Hon. Patricia J. Gordon -Pamplin: The Honourable Member is misleading the House by taking my comments out of context. And sometimes when you listen to interpolations, you can say whatever yo u want to say. But when I said yes, I would do it again, I would always find a way to infuse money into our economy to try to help to create a better situation for the debt in which we were required to operate.
[Inaudible interjections]
Hon. Zane J. S. De Silva: Wow!
The Acting SpeakerThe SpeakerAll right. Okay. Continue on, Minister. Hon. Zane J. S. De Silva: Nice try, Honourable Member! Nice try. But you are going to put . . . you would put this country in $1 billion worth of debt in four and a half years. And, like Bob Richards said, he …
All right. Okay. Continue on, Minister. Hon. Zane J. S. De Silva: Nice try, Honourable Member! Nice try. But you are going to put . . . you would put this country in $1 billion worth of debt in four and a half years. And, like Bob Richards said, he would do it again too to stimulate the economy. What do you think we could have done? What do you think we could have done with $100 million for the America’s Cup, $40 million for Cross Island, $300 million for that ai rport? I tell you what. Really? And let us not forget, we still have to pay the electricity bill down at that airport,
Bermuda House of Assembly which is going to cost over $1 million a year for 35 years. That is how much.
The Acting SpeakerThe SpeakerMm-hmm. Hon. Zane J. S. De Silva: And my Chai rman of the Airport Authority says, No, Zane. You got it wrong. It is more like $2 million a year. That is just for the electric ity. And let us be mindful. The current airport that we have, we do …
Mm-hmm. Hon. Zane J. S. De Silva: And my Chai rman of the Airport Authority says, No, Zane. You got it wrong. It is more like $2 million a year. That is just for the electric ity. And let us be mindful. The current airport that we have, we do not get that either because that is part of their lease, too . That is the kind of deal that this cou ntry has been given. Now, the Honourable Member just said she would do it all again, borrow all this money to put our people to work. We have done it for 14 years. But at least we have something to show for it, and it is still ours. And . . . and the Honourable Member, I do not know if she is going to agree with her former colleague, Bob Richards, but he said two weeks ago he would do it all again. In other words, he would sign off the taxpayers’ $185 million—$185 mi llion—because he, Well, we had to stimulate the economy. Really? For a private developer? And then we as a respons ible Government have to pay off all the subcontractors because they did not get paid? And one of them was on headlines this week saying that he did not get paid. He had to close his doors. You stimulated the economy, all right. Jeez. Wow. Are they grasping at straws t onight, Mr. Acting Speaker! But look. The good thing is that we have a Government now in place in this country that is going to take our time. We are going to take the slow road. And as Premier Burt likes to say many times, he wants to measure twice and cut once. He is going to take his time. He is not going to rush to have a sai lboat race. He is not going to rush to guarantee thi s country’s taxpayers’ money to the tune of $200 million plus-plus-plus. Because let me tell you. It is at $180 million now; it is not going to stop. Lawyers are ex-pensive!
The Acting SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: And what a dog’s breakfast we have up in Morgan’s Point that this Government has to try and sort out.
An Hon. Member An Hon. MemberThanks, Bob! Hon. Zane J. S. De Silva: Thanks, Bobby! Exactly right. And I tell you what. Let us not forget they tried to shoehorn Pathways to Status. Let us not forget that. Let us give away the airport revenues for 30 years? Remember, we were turning over a surplus, …
Thanks, Bob!
Hon. Zane J. S. De Silva: Thanks, Bobby! Exactly right. And I tell you what. Let us not forget they tried to shoehorn Pathways to Status. Let us not forget that. Let us give away the airport revenues for 30 years? Remember, we were turning over a surplus, one of the few entities in government that turned over a surplus of $12 to $14 million a year. I tell you what. I tell you what! If I was Finance Minister or Tourism Minister, that airport would have never gone that way! Not in a lifetime! Fourteen mi llion a year? I tell you what. As soon as they got the contract, as soon as that contract was signed for Aecon, all of a sudden the roof stopped leaking. P aint got on the walls. Air -conditioner was fixed. And the sewage was fixed. I had a meeting today with two gentlemen who came to Bermuda and looked at what we are d oing, looking at investment in the country, Mr. Acting Speaker. And you know what? They said, Gee, your airport looks pretty decent, the current one. I said, Of course it is. And they said, You know what? I have never made vacation plans based on someone’s ai rport. I have never said I'm going to take a trip, and wait a minute, I am not going to go to that country because they have got an old airport. Not once.
The Acting SpeakerThe SpeakerTen seconds. Hon. Zane J. S. De Silva: I am done, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerThank you. No other speakers. Premier. Hon. E. David Burt: Mr. Acting Spe aker, it is Valentine’s Day, so happy Valentine’s Day to you and happy Valentine’s Day to everyone. Happy Valentine’s Day to the listening audience. No problem. You are getting your candy, lady in red, Honourable Member, Ms. …
Thank you. No other speakers. Premier.
Hon. E. David Burt: Mr. Acting Spe aker, it is Valentine’s Day, so happy Valentine’s Day to you and happy Valentine’s Day to everyone. Happy Valentine’s Day to the listening audience. No problem. You are getting your candy, lady in red, Honourable Member, Ms. Patricia Gordon- Pamplin. Let m e start, please, Mr. Acting Speaker, by talking about a few things. And I am going to cover the constant stream of, I guess, political opportunism and misinformation that comes from the Opposition. I am going to remind the people of this country of what we are dealing with, and I will call it the gift that keeps on giving from the One Bermuda Alliance. I am going to talk a little bit about health care. I am going to talk a little bit about tourism. And I am going to finish with some facts, Mr. Acting Speaker.
CORONAVIRUS AND ANTHEM OF THE SEAS
Hon. E. David Burt: And we heard a lot of discussion earlier today, Mr. Acting Speaker, regarding the Anthem of the Seas, which came to Bermuda, where our tourism industry responded and assisted the 2,000 visitors wh o unexpectedly came to our shores in beau tiful February weather. But, Mr. Acting Speaker, I have to agree with my honourable colleagues that it was the height of irresponsibility, it was without question political opportunism and scaremongering for the Sh adow Minister of Health and a former Minister of Health, two days after the Government had put out its first statement, a day after a press conference with not only the Minister 3062 14 February 2020 Official Hansard Report
Bermuda House of Assembly of Health, [but also] the Minister of National Security and the Chief Medical Officer, to then put out a stat ement trying to play on the fears of persons who may have been confused with multiple messages that are going on over social media. The responsibility of all of us as leaders, Mr. Acting Speaker, is to be honest with the public. At no point in time in her statement did she say that she had confidence in the Chief Medical Officer and the health authorities who work through these things and they are confident in their view and vision. Not once did she express the confidence in the persons who used to report to her as the Minister of Health —not once. But she came with the scaremongering, Mr. Acting Speaker. And then, of course, you know, we often hear from the Honourable Opposition with its Kumbaya talk about holding hands. So the Honourable Minister of Tourism asked the Shadow Minister to join him on the boat. She first said yes. Then two hours later she said no. Now, here is what it is, Mr. Acting Speaker. Just like the first Member who spoke, the first Member who spoke that y ou cannot serve two masters, you cannot serve two masters. You are either going to be on the side of the people, or you are not. You are either g oing to be able to have some form of integrity in your leadership, or you are not. And if you think that it makes sense playing on people’s fears in that way with something so serious, then you are demonstrat-ing to the people who you are.
HIGH COST OF LIVING
Hon. E. David Burt: But I think it is also interesting to note, Mr. Acting Speaker, because we hear a lot from the Opposition Leader talking about, Oh, taxes are killing retailers and we need to have lower tax, et cetera. Mr. Acting Speaker, when the former Gover nment took office, taxes on retailers were zero, the pa yroll taxes. When the former Government left office, taxes on retailers, payroll taxes, were 10.25 per cent. Facts, Mr. Acting Speaker. Do you know what they are now? [They are] 7 per cent because they were lowered under this Government, Mr. Acting Speaker. So when we hear all the noise and sound and fury from the Opposition, they need to remember the facts.
SIZE AND COST OF THE CIVIL SERVICE
Hon. E. David Burt: Now, Mr. Acting Speaker, you know another thing which we hear from the other side, the constant misinformation stream that comes? I read a n op- ed from the Shadow Minister of Finance, who made this comment about the constantly expanding Government of Bermuda and how many civil ser vants have been hired and how the Government continues to bloat and expand. Guess what, Mr. Acting Speaker? I got the latest statistics on Wednesday. And let me tell you the latest statistics, because I am going to compare apples to apples. At the end of 2016, six months before [the OBA] Government left office, there were 4,470 persons paid out of the Consolidated Fu nd— that is, employees. And do you know what it was at the end of 2019, Mr. Acting Speaker? It was 4,446. That is right, Mr. Acting Speaker, 24 persons fewer.
Some Hon. Members Some Hon. MembersMy, oh my! Wow. OBA AIRPORT PROJECT Hon. E. David Burt: The facts, Mr. Acting Speaker. But yet, we are treated to the constant stream of misinformation, Mr. Acting Speaker. Yes (I did not say it), fake news. It is okay. Because you know what is interesting, Mr. Acting Speaker? …
My, oh my! Wow.
OBA AIRPORT PROJECT
Hon. E. David Burt: The facts, Mr. Acting Speaker. But yet, we are treated to the constant stream of misinformation, Mr. Acting Speaker. Yes (I did not say it), fake news. It is okay. Because you know what is interesting, Mr. Acting Speaker? What is interesting, Mr. Acting Speaker, is that the Honourable Minister of Tourism talked about the gift that keeps on giving, the One Bermuda Alliance’s airport project. Now, Mr. Ac ting Speaker, it will come as no one’s surprise that I do not support the project at the airport. I thought it was flawed from the beginning, and it is flawed to this very day. And, as Shadow Minister of Finance, and the former Minister of Tourism, who is the Government Whip for Transport, we studied that project inside and outside. And you know what, Mr. Acting Speaker? We remember that we raised concerns on the floor of the House. And the concerns that we raised were that this company was getting all of the revenue from the ai rport, paying minimal expenses, saddling the Gover nment with additional [expenses], blowing a hole in the budget that we had to find money for. And they had no incentive whatsoever to increase the number of passengers to the country because we guaranteed their revenue. And what we heard was, Oh, no, no, no. No, no, no. They will have to, because they want to make more profit.
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
Hon. E. David Burt: Well, guess what, Mr. Speaker? Guess what? When push came to shove, when it came time to live up to the agreements that were promised by the former Government, the Bill that was passed when these Members snuck in at 5:00 am in the morning, went on through, Mr. Speaker. Guess what? That 20- binder contract that they signed had absolutely no protection for the Government of Bermuda when it came to air service devel opments. So guess what, Mr. Speaker? After all the money that that Government gave away, we are now having to try to find money for minimum revenue guarantees to make up for the hole that they have. And when you go to Skyport, the company that (for-give me) is making lots of money, money hand over fist, 16 per cent return, do not forget —16 per cent. If
Bermuda House of Assembly you can borrow money for 4 and make 16, if you can do that, anyone would do that. That was good ec onomics for that side. Kind of like that whole Morgan’s Point thing, good economics for that side. Right? And we will get to the gift that keeps on giving in a minute. And so, Mr. Speaker, the promises of which they laid out that that company would help with MRGs [minimum revenue guarantees], none; no help whatsoever, taking all of the money to the bank and not to the Bank of Butterfield, but to the Bank of Canada.
CAROLINE BAY, MORGAN’S POINT
Hon. E. David Burt: Now we heard this conversation earlier about the project at Caroline Bay. And let us be clear. We are trying to work through that situation. It is a very difficult situation, and I understand that the Mi nister of Finance had conversations with the develop-ers as recently as this week. But here is the thing, Mr. Speaker. The fact that the former Government, represented by the former Minister of Finance and even the former Leader of the Opposition, who stood up, said that if they had to do it, they would do it all over again, $185 million. You understand, Mr. Speaker? The fact is there was a guarantee that we had to pay. And then the developer did not pay the contractors. And if the Government did not pay the contractors, more of them would have gone out of business, Mr. Speaker. Was there a word of thanks from the One Bermuda Alliance? Was there a word of thanks about recognising and saying, Oh, we support the Gover nment for doing this? Oh, it was the right thing to do? No! The only thing we hear from that side is, Oh, you raised the debt. Oh, you’re not going to meet your budget target. Does anyone think about the fact that we had to borrow money and pay extra interest be-cause of their failed project?
[Desk thumping]
Hon. E. David Burt: No, Mr. Speaker. Not at all.
Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. [Inaudible interjections]
POINT OF ORDER Hon. Patricia J. Gordon -Pamplin: The Honourable Member makes a one- sided argument, because what he really needs to understand is that we also had to borrow money to pay payroll when we took over the Government!
An Hon. Member An Hon. MemberNice try, Pat. CHANGES TO BERMUDA TOURISM AUTHORITY Hon. E. David Burt: Mr. Speaker, the Government that doubled the debt, it is going to be really hard to give us the lectures right now. And as I was saying, Mr. Speaker, I am very happy that the Honourable Minister of …
Nice try, Pat. CHANGES TO BERMUDA TOURISM AUTHORITY Hon. E. David Burt: Mr. Speaker, the Government that doubled the debt, it is going to be really hard to give us the lectures right now. And as I was saying, Mr. Speaker, I am very happy that the Honourable Minister of Tourism got up and spoke on the issue of the tourism figures that came out today. Because I am disappointed that the National Tourism Plan of this country set out a mission and drive to increase air arrivals in this count ry, and that is supposed to be our focus. And despite additional money and resources that have been given to the Bermuda Tourism Author ity, we seem to be slowly turning into a cruise destination. And that is not good for our long- term future whatsoever, Mr . Speaker. So I fully and wholeheartedly support the Minister of Tourism when he says changes need to come. And put on notice, Mr. Speaker, that may mean that there may be further changes to the Tourism Board Act to give the Minister power to remove board members at this point in time , because it cannot be that persons are not going to be responsive when things are not working, Mr. Speaker. Now, that is not to say an overall thing of the Tourism Authority, because as the Minister said, there are good things and bad things. But if a strategy is set out and we are getting lower air arrivals after additio nal funds and resources are being given to that body to market the country, we have a challenge. We have a challenge, and we have to fix it.
HEALTH CARE REFO RM Hon. E. David Burt: So now, Mr. Speaker, let me spend some time talking about something that we would have heard a lot about. And it is this thing called Patients First, or as others have referred to it, “Profits First.” Now let me be clear, Mr. Speaker. I do not intend to stand up here and attack doctors, because I am not. A vast majority of medical practitioners in this country are good and honourable. They care about their patients. They serve the needy. They take care of persons, and that is it. So my quarrel is not with the doctors, not at all. My quarrel, Mr. Speaker, is how can it poss ibly be that we have had an organisation that has existed for three months and nobody knows who is running it? Every single time there is a Patients First spokesper son, you know why, Mr. Speaker? It is b eing run by the insurance companies. And they are not going to show their face because they are trying to protect their profits. And so we are clear, I have friends who work in insurance companies. I know the leaders of the local insurance companies. But the fact is that, as I have said, there has been a 50- year stream of funds under law that went to insurance companies where they kept the good risks and passed the bad risks on to taxpayers. Kept the profits 3064 14 February 2020 Official Hansard Report
Bermuda House of Assembly on their s ide and passed the bad risks on to taxpa yers. And when we go about making the system fair, when the One Bermuda Alliance- appointed Fiscal Responsibility Panel says, The Government of Bermuda right now is on the right track, and the only pe ople who are opp osing this, Mr. Speaker, are the sha dowy figures fuelled by the insurance company. You have a question. So here is what I am going to say, Mr. Speaker. Right now with the Minister of Health, the leaders of Patients First, come to my office. Tell me when yo u want to come. Come next week! Let us sit down, and let us have a talk. Show your face. And let us discuss this particular issue. Let us talk about how we can fix health care together. Because to say that we are rushing this, where this started in 2011, where there has been co nsultation, where there have been multiple meetings, where there have been multiple groups is not true. This is the insurance companies pushing back against the unified model because it does not put as much money into their pockets. That is the fact! This is not about people not being able to keep their doctor, be-cause you will be able to keep your doctor. This is not about the fact that you are not going to have choice, because you will still have choice. But guess what? Co- pays wi ll be fixed, and for many persons they will go down. The quality of your health care coverage will not change. And the core benefits will be expanded to include prescriptions and doctor visits, which are not currently included in the core plan, Mr. Speaker . Understand, we heard this whole thing about the Government is going to be in charge. Come on now, Mr. Speaker. Right now health care in this country is run by a collaboration between the public sector and the private sector, and nothing that the Government has proposed is going to change that. That is the fact. That is the fact. And the final thing is when people are signing a petition saying, We don’t want this plan, the plan has not even been finalised yet, Mr. Speaker. And the Minister of Health has l aid out a detailed roadmap of the working groups, which are going to take place after consultations to put it together. So I am going to repeat that again, Mr. Speaker. And I sincerely hope that the leaders of P atients First are listening. Come! Bring it! Let us have that chat. But let us be honest. Do not go out to the public and say the Government is going to tell you that you cannot keep your doctor. Do not go out to the public and say that the Government is going to be in control of your health care. D o not go out, because it is not true. Not true at all, Mr. Speaker! So I sincerely hope that they will take this. And the Minister of Health told me that they contacted her and said they want to meet at the end of March. No! Come next week! There was no t hey. It came from a Gmail address, patientsfirst@gmail.com , signed Patients First. Show your face! Let us have the chat. We do not need to wait until the end of March! We can do it next week. I will make mysel f available. I will clear my schedule. Understand, because this is too serious to be messing with. And it is like the Honourable Minister of Public Works said earlier, Why am I going to mess up the health care for my mother and father? Why am I going to m ess up the health care for my children? None of us are going to do that. We are going to make the system fairer so more persons can have access for preventative medicine so that in the long term we have lower costs and it can be sustainable. That is it, Mr. Speaker! And so, I know the forces of the past will co ntinue to push back. And I know the ones who were supported by the forces of the past will continue to push back. But we are going to push forward, Mr. Speaker. And let it be clear. If Patients First does not want to come to our office and have that chat, then we will match their public relations campaign with one of our own, Mr. Speaker. Understand. This is too ser ious. So, Mr. Speaker, next time we come here we will have a Budget Statement. And there are very simple facts, Mr. Speaker, that today in this country there are more jobs than when we took over this Gov-ernment. And we are going to continue the work to improve this economy. That is what our singular mi ssion is. That is what we are going to do. We are going to be fair. We are going to give relief to those who need it. We are going to make sure those who can afford to pay can pay more. And we are going to make this country fairer, Mr. Speaker, because that is what we were elected to do. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Mr. Premier. That brings us to a close this evening. And as has been indicated, we will be back here next week Friday at 10:00 am for the Budget Day. Hon. E. David Burt: Mr. Speaker, if I may s ay one more thing.
The SpeakerThe SpeakerYes. Hon. E. David Burt: I am sorry. Just for the information of Honourable Members and to yourself, and I sincerely apologise that I did not tell it before, we will actually be joined in the Chamber next week for the readi ng of the Budget by the Premier of …
Yes.
Hon. E. David Burt: I am sorry. Just for the information of Honourable Members and to yourself, and I sincerely apologise that I did not tell it before, we will actually be joined in the Chamber next week for the readi ng of the Budget by the Premier of the Turks and Caicos Islands.
ANNOUNCEMENT BY THE SPEAKER
VISITING DELEGATION FROM TURKS AND CAICOS ISLANDS
Bermuda House of Assembly The Speaker: Yes. We have been informed that next week there will be a delegation from one of the sister islands to the south, Turks and Caicos. We will be having the delegation here in the Chamber with us for the Budget presentation. With that, Members, enjoy the rest of your weekend. Enjoy the rest of your Valentine’s Day. Go home with smiles on your faces. Have a good weekend, and we will see you next Friday.
[Gavel]
[At 9:45 pm, the House stood adjourned until 10:00 am, Friday, 21 February 2020.]