October 2, 2019

2018/19 SESSION
of the
BERMUDA SENATE
OFFICIAL HANSARD REPORT
2 October 2019
Sitting number 22 of the 2018/19 Session
(pages 655–674)
Sen. The Hon. Joan E. Dillas -Wright, MBE, JP
President
Disclaimer: The electronic version of the Official Hansard Report is for
informational purposes only. The printed version remains the official
record.

Official Hansard Report 2 October 2019 655
B ermuda Senate BERMUDA SENATE
OFFICIAL HANSARD REPORT
2 OCTOBER 2019
10:0 4 AM
Sitting Number 22 of the 201 8/19 Session
[Sen. the Hon. Joan E. Dillas -Wright , President , pre-
siding ]
The President: Good morning, Senators.
The Senate is in session; shall we pray?
PRAYERS
[
Prayers read by Sen. the Hon. Joan E. Dillas -Wright ,
President ]
CONFIRMATION OF MINUTES
[Deferred]
The President: The Minutes of the 30th of September,
2019 .
Sen. James S. Jardine: Madam President.
The President: Senator Jardine, you have the floor.
Sen. James S. Jardine: Madam President, I move
that the Minutes of the meeting of Monday , the 30th of
September 2019, be deferred.
The President: Is there any objection to that motion?
No objection.
The Minutes of the 30th of September 2019
are deferred.
Thank you, Senator Jardine.
MESSAGES
The Clerk: No messages, Madam President.
The President: Thank you, Mr. Somner.
REPORTS OF COMMITTEES
The President: There are none.
ANNOUNCEMENTS
The President: There are none.
NOTICES OF MOTION
The President: There are none. PETITIONS
The President: There are none.
STATEMENTS
The President: There are none.
INTRODUCTION OF BILLS
The President: There are none.
FIRST READING OF PUBLIC BILLS
The President: There are none.
FIRST READING OF PRIVATE BILLS
The President: There are none.
QUESTION PERIOD
The President: There are none.
ORDERS OF THE DAY
The President: The first Order of the Day is the sec-
ond reading of the Economic Development Amend-
ment Act 2019.
This Bill, Senator Richardson, please.
[
Inaudible interjection]
The President: Senator Richardson, you have the
floor.
Sen. Anthony Richardson: Thank you, Madam Pres-
ident .
Good morning to you and to those in the li s-
tening audience.
The President: Good morning.
Sen. Anthony Richardson: Madam President, I
move that the Bill entitled the Economic Development Amendment Act 2019 be now read a second time.
The President: Is there any ob jection to that motion?
656 2 October 2019 Official Hansard Report

Bermuda Senate No objection.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS

The President: Senator Hayward [sic], just before
you do, I would just like to acknowledge the presence
of members of the Bermuda Monetary Authority.
Welcome to you both.

The President: Senator Richardson, you have the
floor.

Sen. Anthony Richardson: Thank you.

BILL

SECOND READING

ECONOMIC DEVELOPMENT
AMENDMENT ACT 2019
Sen. Anthony Richardson: Madam President, the
purpose of the [ Economic Development Act 2019
] is
to make amendments to the following three Acts:
1. The Economic Development Act 1968,
[the principal Act ], to permit the Minister
responsible for Economic Development to
approve approved schemes under the Act subject to the negative resolution proc e-
dure and to provide the criteria to which
the Minister responsible for Economic
Development should have regard in des-
ignating a development o f an approved
scheme under that Act.
2. The second one, Madam President, is the
Bermuda Immigration and Protection Act
1956, and regulations made under that Act to permit a restricted person, as de-
fined in that Act, to purchase one or more
residential valuati on units in an approved
residential scheme.
3. The third is the Companies Act 1981 to
permit local and exempt companies with a
physical presence in Bermuda to acquire
and hold residential valuation units in
Bermuda.
EEZs [economic empowerment zones ] would
include North East Hamilton , Somerset and St.
George’s, by widening the scope of potential inves t-
ment in the approved schemes.
Madam President, EEZs are designated geo-
graphical areas where special programmes are i m-
plemented in order to relieve hardship or economic
disadvantage, or to assist disadvantaged persons to
achieve equal opportunity. An EEZ is achieved
through developing and implementing a system of policies to close the gaps of inequity that exist in cer-
tain designated geographical areas in compari son to
other areas in Bermuda. The work that takes place in
an EEZ is focused on striking a balance between the
economic environment , which is economic equality;
the social environment, which is access to services ;
the physical environment , which is high -quality design ;
and the community environment , which is referred to
as good quality of life.
Madam President, the BEDC [Bermuda Ec o-
nomic Development Corporation] was tasked with partnering with others in order to establish and rege n-
erate EEZs across Bermuda. This includes working
with key stakeholders to address local community i s-
sues, providing economic tools to help local busines s-
es thrive and engaging external partners to invest in these zones.
BEDC , Madam President, over the years has
developed v arious incentives and policy tools aimed
at assisting businesses to grow and become more
sustainable. However, it is recognised that developing
an EEZ is not just focused on business development ;
it also requires a holistic approach. And that is where
the amendments to the Economic Development Act,
the Companies Act and the Bermuda Immigration and
Protection Act play key role s.
The tabled amendments will accomplish the
objectives as set out by the BEDC when the EEZs
were created.
Madam President, these amendments are in
line with the Government’s commitments contained in
the 2017 platform, the 2017/18 Throne Speeches and
the 2018/19 Budget statement. This includes the ob-
jectives of addressing economic inequality, stimulating economic growth and empowering entrepreneurs.
Madam President, let us turn first to the Ec o-
nomic Development Act 1968. Pursuant to existing
provisions of the Economic Development Act 1968, a scheme for the economic development of any part of
Bermuda may be approved in principle by both Hous-
es of the Legislature. Alternatively, the Minister r e-
sponsible for the Bermuda Economic Development
Corporation would approve in writing a scheme for
economic development in an EEZ w here a business
or property was situated in an EEZ, or where any of
the concessions specified in the Act may be granted
to that business , or owner of such property , where an
approved scheme existed in respect of the EEZ and
the owner of the business or property had agreed to
implement or was implementing the approved
sche me.
Madam President, the proposed amendments
to streamline the process will repeal and replace sec-
tion 2 of the Act so that the Minister responsible for
Economic Development may approve any scheme for
the economic development of any part of Bermuda,
including the EEZs, subject to the negative resolution
procedure. This will now require gazetting in the Off i-
Official Hansard Report 2 October 2019 657

Bermuda Senate cial Gazette , which will bring further transparency and
certainty to the process.
Madam President, to summarise, the pr o-
posed amendments to the Act permit the Minister r e-
sponsible for Economic Development to approve any
approved schemes across the Island under the Act.
Madam President, t he Act is currently silent on the
criteria to which the Minister responsible should have
regard in designating a devel opment of an improved
scheme under the Act. Therefore, amendments set out the said criteria, which shall be included in all a p-
plications to the Minister. The criteria address whether
or not the proposed developer or owner has had hi s-
toric economic ties to or derived benefits from the sub-
ject property or proposed approved scheme. There will also be policy guidelines to reflect the objectives
of this criteria and to ensure that there is compliance
and fairness in the process. Madam President, the amendments will clarify
section 6 of the [ principal ] Act in relation to the holding
or acquisition of land. Both local and exempted com-
panies will be able to hold and acquire approved [res-
idential ] valuation units with the consent of the Mini s-
ter of Finance in a sim ilar way to the holding of tour-
ism units.
Madam President, now I would like to focus
on provisions in the Companies Act 1981. In its cur-
rent form, section 120 of the Companies Act 1981,
which is the acquisition of land by local companies,
specifies method s in which local companies can pres-
ently hold land. It is now proposed that the Companies
Act 1981 be amended to permit local companies with
a physical presence in Bermuda, and with the consent
of the Minister of Finance, to take land in Bermuda
that form s part of an approved residential scheme by
way of lease or letting agreement for a term not ex-
ceeding 131 years. This would be consistent with pr o-
visions that currently exist in the Companies Act a p-
plying to tourism units.
Madam President, section 129 of the Compa-
nies Act 1981, which is restriction on acquisition of
property, similarly sets out the manner in which ex-
empted companies may acquire or hold land in Ber-muda. It is now proposed to amend this section of the
Companies Act to permit exempted companies with a
physical presence in Bermuda, and with the consent of the Minister of Finance, to also acquire or hold land
in Bermuda that forms part of an approved residential
scheme for a term not exceeding 131 years , by way of
lease or tenancy agreement. This further solidifies
consistenc y with the current provisions that exist in
the Companies Act 1981 applying to tourism units .
Madam President, essentially, [clause 6 (1)(b)
of the Bill, inserts section120 ( 5A) which] amends the
Companies Act 1981 to permit local companies and
exempted companies to acquire or hold land forming
part of an approved residential scheme. In th e Gov-
ernment’s efforts to further stimulate the economy, the amendments to the Companies Act increase potential participants in the approved residential scheme, and
in doing so further diversify the scope of potential d e-
mand for residential units in an approved scheme.
Madam President, lastly, I would like to turn to
provisions within the Bermuda Immigration and Pr o-
tection Act 1956. P roposed amendments will be made
to the Immigration and Protection Act to remove the
restrictions on purchasing residential units within any
economic empowerment zone. The amendments
permit a restricted person, as defined by th at Act, to
purchase any unit f orming part of an approved
scheme without restriction.
The restrictions as currently prescribed by the
Immigration [and Protection] Act on the purchase of
freehold property, condominiums and tourist acco m-
modations, and on the rental of propert y, would now
not apply with this a mendment.
Madam President, the current restrictions on
the sale and purchase of land have contributed to the
real estate market’s resistance to market forces, creat-
ing artificial price points at various ARV [annual rental
value] lev els. Additionally, in the absence of greater
access to capital, more equitable banking practices
and with increased emigration, the restrictions on the
ability of restricted persons to purchase residential
units in Bermuda has had no discernible benefit to
either the market or the purported aim of protecting land for Bermudians.
Madam President, i n the 2018/19 Budget
statement it was stated, “It is essential that we have
more people living and working in Bermuda. . . . It is
prudent to incentivise additional development within the City of Hamilton, which will reduce future traffic
congestion and strain on our road infrastructure.”
The Economic Development Act will now dis -
apply Part VI such that , for the purposes of ensuring
good title, approval of an approved residential scheme shall not be withdrawn so that title to any unit pur-
chased will not be restricted or otherwise affected by
the immigration status of the purchaser who may be a
restricted person.
Madam President, the Bill also provides for
certain d evelopment s which existed before the com-
mencement of this [amendment ] Act to be included in
any changes made to the Act. Madam President, a
development consisting wholly or part of residential
valuation units in an economic empowerment zone
which , before the commencement of this Act , was e i-
ther approved as an approved scheme or was impl e-
menting an approved scheme in the economic e m-
powerment zone shall be deemed to be an approved
residential scheme so that the amendments made by
this Bill to the pri ncipal Act s, the Bermuda Immigration
and Protection Act 1956 and the Companies Act 1981
shall apply accordingly.
In closing, Madam President, North East
Hamilton from the early 1900s became the hub of the
black experience, where professionals prospered and
began to build legacies. St. George’s , as our founding
658 2 October 2019 Official Hansard Report

Bermuda Senate capital settled in 1612, laid the foundation for our I s-
land’s continual development and growth. Somerset
also has a long and rich history , and its families have
played a vital role in Bermuda’s devel opment since
1840. Since that time these areas, like many others,
have simply been unable to keep pace with the eco-
nomic and social changes of the country. Yet, these
areas have maintained a strong sense of identity and have a rich blend of culture s, comme rce and industry.
This Government believes that , with the right blend of
legislation and policies , the EEZs can enjoy economic
growth and success, which will also inject the Island of
Bermuda with the same.
Thank you, Madam President.

The President: Thank you, Senator Richardson.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS
The President: And before I open the floor to Sena-
tors, I would just like to acknowledge the presence of
the Minister of Tourism and Transport, Minister Zane
De Silva, who is in the Gallery; and Mr s. Lorraine
Welch, who is the Deputy Chief Parliamentary Cou n-
sel, who just stepped out for a minute.
[Economic Development Amendment Act 2019, sec-
ond reading debate, continuing]
The President: Would any Senator care to speak on
this Bill?
Senator Kempe, you have the floor.

Sen. Nicholas Kempe: Thank you, Madam Pres i-
dent. And thank you, Senator Richardson.
I am a little uncertain as to what the purpose
of this Bill is, Madam President. On the one hand, the
Government is talking about the strong sense of iden-
tity of the economic empowerment zones and talking
about the need to drive economic growth and needing more people in Bermuda. But all this Bill seems to do
is shift the shells around. This does not drive people to come to Bermuda. It may drive people to come to
the EEZs. And at least when I was chairing the Ber-muda Economic Development Corporation, the goal
was always to uplift the existing residents of the EEZs
by driving business development into those areas —
the strong sense of culture and, as Senator Richar d-
son put it, North East Hamilton being an area noted for the black experience in the City of Hamilton.
But what this Bill seems to do is gentrify the
economic empowerment zones. And for those who are not familiar with the defi nition of “gentrification,” it
is the process of renovating and improving a house or
district so that it conforms to middle- class taste. The
exemptions in this Bill are towards landholding by
permit companies and international business. It lowers the thres hold for purchase by guest workers. So, we
have got on the one hand, and this is a little bit where
the irony is, a Government that is stalling the most
basic of immigration reform; but on the other hand
saying, But your money is good enough.
It would seem that the Bermuda Housing Cor-
poration’s scheme to develop low -income housing has
been abandoned, and instead, those guest workers
who are here are being encouraged to displace fam i-
lies who live in the economic empowerment zones
through purchase of housing or through companies
who have guest workers to be able to build develo p-
ments where they can house their guest workers.
Again, it would be an erosion of the strong sense of
identity that the economic empowerment zones have.
And as I said, it feels to be a b it more of a
shell game. The EEZs, as the name suggests, should
be about empowerment, not displacement, as a way
to drive up the average income, average business
activity levels of these neighbourhoods.
So, we have got on top of that . . there are all
sorts of tax relief already in the economic empower-
ment zones, such as we have got deferral of customs
duty for these capital developments. So, it is going to
be even easier for people who have access to this
capital to have a financial advantage to renovate or to
purchase these properties over people who have a long-standing connection to these neighbourhoods.
So, whilst I commend the idea to allow guest
workers to further cement their connection to Berm u-
da financially, it seems at odds with the absolute stagnation on the comprehensive immigration reform
front, and it also seems somewhat at odds with the
spirit and the philosophy of the economic empower-
ment zones when they were set up.
Thank you, Madam President.

The President: Thank you, Senator Kempe.
Woul d any other Senator care to speak?
Senator Jardine, you have the floor.

Sen. James S. Jardine: Thank you, Madam Pres i-
dent.
Well, I certainly have a contrary view to my
colleague on the left. The whole purpose of these
zones was to give the owners of property in those ar-
eas an opportunity to participate in what is the Ber-
muda dream, or was the Bermuda dream, in terms of
being able to get a fair return for the property which
many of them have held on to for many, many years.
So, I see this as an opportunity, perhaps, to see some
development in that part of Hamilton, for example, and
the other parts of Bermuda that have been mentioned.
It is somewhat at odds with the current imm i-
gration policy. But I am ever hopeful that the current
Government will look at the current immigration policy,
which they have said they will do. And we will see some changes there so that we can encourage more
development in Bermuda, more people coming to
Official Hansard Report 2 October 2019 659

Bermuda Senate Bermuda, bringing business with them and jobs with
them in particular. So, I see this as a step forward as
opposed to a step back.
So, I am in favour of this legislation; I just
want to make that clear.
I had one question, maybe it is just a point of
clarification in some respects, with clause 4, [pro-
posed] section 2A B. It says there, “ (1) Notwithstand-
ing the provision of Part VI of the Bermuda Immigr a-
tion and Protection Act 1956 ( protecting land in Ber-
muda for Bermudians ), and regulations made under
that Act, a restricted person may hold and acquire one
or more residential valuation units . . .” I guess the
point of clarification I am looking for is , will those ind i-
viduals need to apply for alien licenc es as non-
Bermudians do of property which they are able to buy at the moment?
And the reason I say that is because, certainly
during my time when we were on the Efficiency Com-
mittee looking at the process of alien licenc es being
granted, there were huge time delays. And I heard as recently as the day before yesterday of another case
that has been sitting for months and months and months. And so, I think if this is going to have any
momentum, the process of granting permissions and
licences needs to be addressed and, should we say,
speed up the process. Otherwise, people will lose i n-
terest and not really want to be part of that. So, that is
a question I have of that.
Thank you very much, Madam President.

The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill?
Senator Jones, you have the floor.

Sen. Marcus Jones: Good morning, Madam Pres i-
dent.

The President: Good morning to you.

Sen. Marcus Jones: Good morning to my fellow col-
leagues. And good morning to the listening audience.
As I took a look at this particular amendment,
there were a number of questions that came to mind,
some things that I believe that need to be considered.
I also realise that, with Bermuda’s economy the way it
is right now and the Premier and his Cabinet are, by
and large, being, shall we say, pressured to do som e-
thing to stimulate the economy, I can understand why the Government has put forth this particular legisl a-
tion.
But in going over this Bill, I thought it would be
very helpful if I went right back to the original intent of the economic empowerment zone because we have
been made aware of a particular statement that is
pretty common: For everything there is a purpose.
When a purpose is not known, abuse, malfunction or
dysfunction is inevitable. And if we stray away from the original mandate for anything, then there are cer-
tain possible unintended consequences t hat can m a-
terialise.
If I may, Madam President, if I could just read
a line from the Bermuda Economic Development Cor-
poration website—

The President: You may.

Sen. Marcus Jones: —in regard to the economic
empowerment zones?
The President: You may, Senat or Jones.

Sen. Marcus Jones: “The Bermuda Economic D e-
velopment Corporation aims to create opportunities
for area residents, as well as property and business owners so they can better access resources that will
rejuvenate and regenerate these areas , while not di s-
placing the current area population.” That last partic u-
lar phrase, I believe, is pertinent as we approach this
amendment.
Now, we see on the a mendment , [clause 4,
proposed] section 2A B where it states that “a restric t-
ed person may hold and acquire one or more residen-
tial valuation units in an improved residential scheme
without any other restrictions that would otherwise be imposed by or under that Act.”
Now, I was curious. This particular phrase is
sort of new to me. And that phrase is “restricted per-
son.” So, to our listening audience, who may be like
me when you first encountered this particular phrase,
What do they mean by a restricted person? Well, in
this case, in the event of an individual, a restricted
person is anyone who does not possess a Bermudian
status. In the case of a corporation, it is an exempt
company, as defined in the Companies Act 1981, and
in the case of partnerships, a group of persons who
do not have Bermudian status. I think it is important to
understand that.
But getting back to the original line, “while not
displacing the current area population, ” I believe that
was one of the strong building blocks for the mandate
for the EEZs. And we know that, historically, persons
within these particular zones had been disadvantaged
economically. And this was the Government’s attempt
to open up the economic opportunities for those who
have been historically disadvantaged.
Now, my concern when we have now rolled
out the welcome mat for those restricted persons is
that these area residents —and I would say most of
them are small businesses —will now be competing
with deep pockets, companies with sophisticated ex-
pertise. My concern is that we do not want to displace
or push out those who have been there all this time.
We know that by definition these exempt companies
are high- net-worth entities. And if the intent of the
original mandate of the economic empowerment zone
was to help those who had been disadvantaged, one
660 2 October 2019 Official Hansard Report

Bermuda Senate would find it very difficult t o be able to categorise the
companies that dot along the City of Hamilton, some
of which are Fortune 500 companies . . . you would be
hard- pressed to call them “ disadvantaged. ”
Again, straying away from the original man-
date of anything organisation, corporation, can cause
unintended consequences. We know and we have
seen examples of places, jurisdictions away from
Bermuda that have . . . as my colleague, Senator
Kempe, stated, you were able to see gentrification in different jurisdictions, where good inten tions were laid
out to give a hand- up to those who had been, or areas
that had been previously hard- done- by. We find that
things come up that were never intended that actually displaced those who were originally set to benefit from it.
Now, another quote from off the website of the
Bermuda Economic Development Corporation, Mad-
am President, if I may, says that “the BEDC offers a
variety of programmes to encourage development of
small businesses in Bermuda.” Now, the operative words there are “small business es.” Again, that was
part of the building plank and foundation of the EEZ. I would submit to you, Madam President, that there is
going to be a number of large companies that are g o-
ing to be coming and throwing their hat into the ring.
One could even antici pate a situation where the
sharks will be entering into the goldfish pool, where
our fellow Bermudians who have been trying to get a
leg up on the economic pie may feel, to some degree,
overmatched by others who are coming into their par-
ticular area.
One thing of note is that any company that
comes and wants to be a part of this will have the op-portunity to enjoy some of the products that the Ber-
muda Economic Development Corporation offers to
those small businesses, to those persons who have
been disadvant aged. We think about the payroll co n-
cessions Bill —they will be able to take advantage of
that. They will be able to get customs duty deferment.
They will be able to take advantage of preferential
rates. So, we are looking at deep- pocket companies
being abl e to get all the benefits of the small man on
the street who is trying to make inroads on that ec o-
nomic pie. I think, once again, it veers away from the
original mandate of the economic empowerment zone.
Now, I am sure many of you here in this Se n-
ate Cham ber and those of you in the listening audi-
ence are familiar with the transformation of Harlem in New York. I remember as a teenager I would go to
New York to see my father. Now, we are talking about
the 1970s, so this is a little while back. And my father would take us right through Harlem. And I was able to
experience first -hand an area that was depressed, an
area that had gone through some hard times. The
buildings and the layout of that particular area in New York, you would not say was of the best condi tion. But
what made it so attractive was its culture, was the e n-
vironment that had been cultivated by certain people from distant lands, from all over America, who had
made that area, Harlem, their home.
Now, a little bit of data just to bring this exam-
ple to bear here, Harlem was originally populated by
the Germans, the Italians, and the Jews in the 1800s.
Then we find, by the 1920s, the West Indians came
into Harlem. The Puerto Ricans came in 1950. And
then by 1980, we saw the West Africans immigrate
into that little borough there in New York. Then the
powers that be had the idea that they would ramp up and improve the architecture, the streets, the buildings and all those things that would make Harlem a far
more pleasant place to live and to work. We found
that in 1990, there were 672 whites who actually lived
and were resident right there in Harlem —in 1990. By
the year 2000, there were 2,200 whites who now had moved, living in Harlem. By 2008, there were 13,800 whites who had now moved into that area cal led Har-
lem.
You may ask, What is the significance of
those statistics? Well, those statistics show very clear-
ly that with the improvement of the area, with the i n-
flux of capital, what was found was that the culture
and the life of the former residents of that particular
area were moved out. French restaurants, German
beer gardens replaced barbershops. And all those
types of commercial entities that are part and parcel to
the black community all of a sudden vanished. Prices of rental properties, the price of purchasing these
properties went up. What in fact happened was that
the original residents who lived there were forced
out—not by a gun, not by legislation, but pricing, by
the market. It forced them out, and they were actually
displaced.
If you went do wn to Harlem now, you would
love it. It is beautiful. It is a wonderful place to stay.
But you will not see the original residents who had made their homes there [living] there right now.
What does that mean to us in Bermuda? It
means that we need to tread very carefully. Although this particular amendment did not provide us with a d-
ditional guidelines that the Minister will use in deciding
which of these entities will be able to enter into these
investment schemes for residential units, it is som e-
thing that we as a Government, or the Government in
place now, will have to pay very close attention to. As
much as we do need economic stimulus, as much as
that area, those areas, both in North East, North Ham-
ilton, and Somerset and in St. George’s could do well
with an injection of capital improvement, we do not
want to see those areas go the way like Harlem is t o-
day. We want to make sure that our people who are there have every opportunity to either thrive, to be
able to invest in their neighbourhood.
You know, sometimes, as legislators we make
decisions. We craft legislation that solves an immedi-
ate problem, but does not look long- range down the
road. We know that economies endure recessions.
We experience booming times. My question would be,
Official Hansard Report 2 October 2019 661

Bermuda Senate if we see an influx of this additional sector within our
community that spends money and takes over to a
large degree swathes of property in the economic
empowerment zones, and then our economy turns
around, and then our people have sufficient funds to be able to invest in their neighbourhoods, they will
look around and they will not see any opportunity.
So, yes, we fully understand the need for
economic stimulus. But we need to tread very lightly and keep our hands on the reins very tightly to make
sure that, as we look t o improve these economic e m-
powerment zones, understanding that it is not just the
geographical physical zones that we are talking about,
but we are talking about the people who actually live
there, the people who work there, the people who have spent sever al generations building up their fam i-
lies, building up their commercial enterprises . . . we
want to make sure that their culture, their way of life is
not displaced amidst the injection of capital funding
and investments in that area.
Thank you, Madam Pr esident.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR
The President: Thank you, Senator Jones.
And before I open to any other Senator, I
would just like to acknowledge the presence of Ms. Erica Smith from the Bermuda Economic Empower-
ment Zones, who is now in the Chamber.
Welcome to you, ma’am.

[Economic Development Amendment Act 2019, sec-
ond reading debate, continuing]
The President: Would any other Senator care to
speak?
Senator Campbell has raised his hand first.
You have the floor, Senator Campbell.

Sen. Vance Campbell: Thank you, Madam President.
Madam President, in reviewing this Bill, it took
me back to days of some may say old, some may say
better times, when we are talking about the economic
empowerment zones. And I am going to focus primar i-
ly on North East Hamilton because I have greater
knowledge about that area as opposed to St.
George’s and Somerset.
Many will remember the days when Hubie’s
was rammed to capacity, people enjoying themselves.
Going to the Fish Hut for a nice lunch. A&J’s Variety,
[PHONETIC] the Co -Op. Madam President, you may
have even bought a pair of bell -bottoms from the
Freedom Suite; I do not know. But these are bus i-
nesses that found it impossible to keep their doors
open.
You have other businesses, Swinging Doors,
Place ’s Place, Spinning Wheel, Universal Barber Shop. I used to get a haircut there a long time ago.
Fish N Tings, Jamaican Grill, Soul Food, DeGraff’s —
these are all businesses that have managed to hold
on. And I say “hold on,” Madam President, because
North East Hamilton does not benefit from the foot
traffic that the stores on Front Street and Reid Street
benefit from. You have relatively newer establis h-
ments. Newer, I say, [because] they are an establis h-
ment that has long been rooted in North East Hami l-
ton.
And I will declare my interest; I am the Pres i-
dent of this organisation, Young Men’s Social Club,
ventured out a couple of years ago. They saw the
need for something new in the area and renovated
their club a nd formed the Blue Diamond Lounge. The
challenge we have is attracting people. We do not get
the tourists directed to North East Hamilton as we did
in the past. So, I am saying that to set the stage for
my comments here today.
Madam President, what we ha ve here today
are legislative amendments, along with proposed pol i-
cy that will facilitate diversity and inclusion, as op-
posed to gentrification. The vast majority of properties
within the EEZs are owned by Bermudians. The issue
that they have, Madam President, is gaining access to
financing and investment to improve the conditions of
their property and, hence, the conditions within the
EEZ that they own property within.
Madam President, it is anticipated that the
investment and developer agreements that th e Mini s-
ter will sign as part of these approved schemes, will ensure a diversity of residential units at various price
points. Affordability will be factored into the schemes.
Madam President, it is also known and well
documented that communities thrive when they have a diversity of businesses. Homogeneous areas do not
experience the same level of economic development
and vitality as areas that are more diverse physically,
socially and economically. Madam President, the i n-
tent is to facilitate property owners’ access to inves t-
ment and capital to improve and expand what they
have. The intent is to create new opportunities and not
take away from what exists. New businesses, new
residences, new residents, new activities, more vis i-
tors, greater opportunities —and that cycle can conti n-
ue, Madam President, indefinitely with all benefiting.
Senator Jones mentioned his Harlem exper i-
ence. I too, in my travels, have seen how old Colonial
cities that were crime- ridden, rundown, places you
would not want to be in the day time, let alone at night,
received outside investment. And as a result of that outside investment, they experienced rejuvenation.
They are now safe not only in the daytime, [but] any
time at night. They have thriving businesses and
communities. Agreed, the y do become the much-
sought -after areas. There is nightlife, restaurants.
Maybe here in Bermuda we can see the return of a Hubie’s and a time when the streets of North East
Hamilton are full during the evening hours, as well as
662 2 October 2019 Official Hansard Report

Bermuda Senate the day, with people shoppin g, looking for something
to do, somewhere to eat.
The tabled amendments, Madam President,
will potentially —I would say will— provide a stimulus
and incentives to do the same for the economic e m-
powerment zones as has happened in these old C o-
lonial cities th at I have seen. Along with that will come
more people, more businesses, and upgrades to the
infrastructure. And this, Madam President, can only be
good for the property owners, the residents and those
who work and operate businesses in those areas.
Thank you, Madam President.

The President: Thank you, Senator Campbell.
And, Senator Richardson . . . Senator Ha y-
ward, I am sorry. You have the floor.

Sen. Jason Hayward: Madam President.

The President: Good morning.

Sen. Jason Hayward: I concur fully with the stat e-
ments made by Senator Campbell. I could not dis a-
gree more with the statements made by the repr e-
sentatives of the One Bermuda Alliance this morning.
This word, “ gentrification, ” and then we heard a defin i-
tion that said, an aim or attempt to make an area look
as though it is middle- class or has middle- class fe a-
tures. As opposed to what, Madam President?
As opposed to what? A poor black area?
What we are talking about is an area or areas
which black businesses have historically had their res-
idences , areas whose heyday has now come and
gone. Now we are talking about opportunity and i n-
vestment for those areas. And we are spending time,
the Opposition is spending time scaremongering in
terms of the displacement of residents in the area i n-
stead of the positive benefits of having more traffic in
those areas, greater investment in those areas.
If you look at North Hamilton, Back o’ Town in
particular, there are a number of properties for sale.
These properties are probably some of the lowest -
valued proper ties on the market. And they cannot sell.
Madam President, some of these properties have
been for sale for years at well below market rates.
And they cannot sell. I ask us, What are we protec t-
ing? It is clear the area is in need of investment. It is
clear what this Bill aims to do, which is to provide o p-
portunity and investment for the area.
I fully support this piece of legislation. And I
am sure that the businesses that will have increased
residential traffic in the area will also support this leg-islation. Madam President, if we look at the moderni-
sation of cities worldwide, a key component of that
modernisation is having residential sectors and hubs. We complain about the property value across the country. We complain about Bermudians not being
able to find houses which are affordable to rent. But if
we create housing hubs in the city, those housing hubs go up. They do not take up large amounts of
land. They take up what I call sky space , something
we are not averse to selling.
And if we have larger concentration of wor k-
ers working in the City of Hamilton, it has huge ec o-
nomic benefits for t he rest of the country. When we
talk about traffic getting into the city, when we are tal k-
ing about the opportunity it will create for excess
hous ing throughout the rest of the Island if more and
more of our guest workers live directly in the city.
But I cannot , and we cannot , underscore [too
much] the value that it will bring to the community to
have increased traffic, a level of diversification, a level
of inclusion. What is happening in our EEZs currently
is simply not good enough. And so, I am pleased to
support this legislation presented by the Progressive Labour Party Government.
The President: Thank you, Senator Hayward.
Would any other Senator care to speak on
this Bill?
Senator Robinson, you have the floor.

Sen. Dwayne Robinson: Thank you, Madam Pres i-
dent.
I believe that diversity and economic stimulus
are, by all means, something that everyone here
wants to see. However, the issue is it is not scar e-
mongering for the One Bermuda Alliance to want to
make sure that that success and economic stimulus
reflects our people. It is a lot of times where in the
EEZs . . . what is to protect these businesses from
being undercut by larger corporations? What is to pr o-
tect the cultural and community ties of these comm u-
nities? I believe if you have an open gate where you
allow more foreign investment in, it would be nice to
also hear on the other side more investment into the culture and community aspect of those particular
zones.
So, to not repeat the hesitation of my col-
leagues, I will end it there. Thank you, Madam Pres i-
dent.

The President: Thank you, Senator Robinson.
Would any other Senator care to speak on
this Bill?
Senator Caesar, you have the floor. I beg your
pardon. (I have difficulty with the high chairs.)
Senator Richardson, the n, it is over to you.
You have a couple of questions.

Sen. Anthony Richardson: Madam President, unless
I am mistaken, there was actually only one question from all the comments, which came from Senator
Jardine. And his question related to, Will the potent ial
purchasers require an alien licence? And the answer, I understand, is no.
And if I may, Madam President, I want to
preface the rest of my comments around the fact that
Official Hansard Report 2 October 2019 663

Bermuda Senate sometimes I get hungry. And on a Friday night and
Saturday sometimes, it is late, and what do I do? I
stay down in Smith’s. I drive to Court Street to get
some jerk chicken, sometimes at 12:00– 1:00 in the
morning. And people might say, Why do you even . . .
Because that is where I get, in my mind, the best jerk chicken in Bermuda, price- wise, taste -wise, and the
whole nine yards. So, having said that, this is part of
the culture that even this amendment or this Act seeks to maintain.
But also, what I want to say is that we seem
to, in Bermuda, for various reasons, dance around what is reality. And the reality is that this amendment
really seeks to correct the past inefficiencies or prej u-
dices or whatever you want to call it around availability
of finance for black people. And so, in the majority of
the EEZs, you will find that the propert ies are in fact
owned by black individuals. And sometimes, in many cases actually, if you trace the ownership, it goes
back several generations.
And what I want to emphasise is that in the
current amendment, right, I did speak already in the
brief in term s of there will be policy guidelines that are
given out to assist persons who are making applic a-
tion in these areas. And what is intended is that the proposed policy supporting legislative amendments
counteracts the forces in terms of what we are talking about now. You see, it is not about gentrification or
anything like that. Instead, when the Minister consi d-
ers applications, he will give regard to things such as
the following: Is the developer or the proposed deve l-
oper and/or owner . . . have they had any historic i n-
terest in the property within the City of Hamilton or the
EEZ?
So, it is not going to be a matter of a brand-
new person, for example, being able to come in and
get these benefits without the Finance Minister’s con-
currence. So, it is not this f reewheeling willy -nilly sort
of thing. It is going to be a controlled or a properly evaluated opportunity before the decision is made in
terms of who can and who cannot engage in these
developments.
The other one would be whether the proposed
developer and/or the owner had benefited from the
grant of any tax or duty relief from the Government of
Bermuda pursuant to an exemption provided to any sector. So, there will be considerations in terms of the
history of the person or the actual developer. And the
other one is whether the proposed developer and/or
owner, being a person who has held historic interest or benefited as set out in (1) and (2) above, has par t-
nered in the proposed development with an individual
who has not had the benefit set out above and
demonstrates an absence of historic wealth or bus i-
ness benefit.
So, in summary, it is not as if the goal is to
simply, say, have new persons, new entities, come in
and buy up everything, and then the benefit comes
with development. The idea actually is to ensure or to encourage a partnership. And so, in the instance
whereby, let us say if Anthony has a property in the
EEZ, I do not have access necessarily to the capital
that is required to build a substantial unit. And so, you
may come in as a foreign enti ty, whether it be an ind i-
vidual or a company, and partner with Anthony to
make this happen. And so, in doing so, what should
happen is the existing owner should benefit from this
process. And I think that is a necessary clarity so that
we do not think of i t as the whole Back o’ Town EEZ
area is going to be transformed by persons entirely
absent from the existing owners. This is actually crit i-
cal.
In addition to that, what we may have missed
is that the Minister, in having the ability to grant the
approval, could easily look for mixed- use develo p-
ment. And so, it is not as though you come in and
suddenly build, like, a new apartment block, for exa m-
ple, with all high -end units. The Minister, in his discr e-
tion, can mandate that the lower levels, for example,
could be commercial —i.e., for businesses. And then
within the residential units, he could mandate that
there be mixed values, if you will, so that you get a
mixed clientele.
And as persons have said before, it is to ev e-
ryone’s advantage in terms of . . . you cannot have a
non-diverse development and expect for there to be
an advantage under what is intended by this Act. And
so, I want to make sure that we understand that. And,
too, for anyone to try to characterise this as being
misdirected or otherwise, clearly there is a lack of un-
derstanding.
And I did take, Madam President, the oppor-
tunity to listen to the debate that took place in the ot h-
er place. And it is interesting that there was a general
level of support for what is being proposed in the other
place. Yes, there were some comments in terms of
being mindful of the potential for persons who are
there now to be displaced; I mean, that is a reality, that there will be some movement. But, as Senator
Hayward said, we have to also recognise that right
now in Bermuda there is a significant challenge in
finding reasonably priced accommodations for rent in
the studio, one- and two- bedroom sector. And so,
market forces, if this works the way it is intended,
should allow where some of the persons who currentl y
occupy residences that are not in the EEZ will move
there. And therefore, there will be less demand for the
places that are outside the EEZ. And therefore, there
should be a drop in rents, speaking to standard mar-
ket forces.
Clearly, what is proposed is not a science.
And so, no one can speak and say, This will definitely
happen or not happen. But we have to understand
that this is what is being proposed now to allow for
these things to take place and ultimately to benefit
what the Government wants to do, which is to allow
for the EEZ areas to be developed, but to the benefit
of those who currently own.
664 2 October 2019 Official Hansard Report

Bermuda Senate And by way of, I guess, comment for those in
the listening audience, there would be the . . . there
might be the eagerness, for example, to simply sell
everything. But there has to also be the understanding
that there is a greater benefit in actually partnering
with rather than selling. And we may all be familiar
with an example that happened probably in the past
10 years or so in that there was a development taking
place in the EEZ, in Hamilton. And the developer
wanted to, essentially, buy up the block. And one
family which I am aware of decided not to do that be-
cause they wanted to retain the ownership themselves
of their unit as opposed to selling. And so, the deve l-
oper had to then design a building around that hous e-
hold. And the household is still there, actually. And
because they understood that, there would have been
a better benefit of partnering with the developer as
opposed to selling to the developer because the de-
veloper did not want to partner. So, therefore, they
had to make that adjustment.
And so, I think this is an opportunity for Ber-
mudians and especially those who own property in the
EEZs to really maximise the value of their properties,
going forward, by partnering with whoever might come
in and seek to do some development.
Again, as I said earlier, and others indicated
also, a lot of times when new ideas are presented, the
first thing people do is go to the negative as opposed
to looking at the positive and being constructive. And
so, yes, you may indicate certain things to be aware
of, but do not emphasise those. In this instance, I am speaking of the idea of gentrification in that it is a word
that is just sometimes being tossed around without the
appropriate context. And I know that, you know, given
the ease of information now . . . we just google ever y-
thing. We say, Okay, fine. We google and find the an-
swers. Okay, well, fine. This is what it is —not, again,
understanding the entire context .
And so, Madam President, I would just like to
emphasise one more time the fact that this is actually an excellent idea. It is an out -of-the-box idea, to be
honest. And it is now up to us to ensure that the i n-
tended benefits are actually realised by those whom
we expect to benefit from this process. Thank you.

The President: Thank you, Senator Richardson. You
may now move your second reading.

Sen. Anthony Richardson: Yes. Sure.
Madam President, I move that the Bill entitled
the Economic Development Amendment Act 2019 be
now read a second time.

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

SUSPENSION OF STANDING ORDER 26
Sen. Anthony Richardson: Thank you, Madam Pres-
ident.
I move that Standing Order 26 be s uspended
in respect of this Bill.

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

BILL

THIRD READING

ECONOMIC DEVELOPMENT
AMENDMENT ACT 2019
Sen. Anthony Richardson: Thank you, Madam Pres-
ident.
I now move that the Bill entitled the Economic
Development Amendment Act 2019 be read a third
time.

The President: Is there any objection to the third
reading?
No objection.

Sen. Anthony Richardson: Thank you, Madam Pre s-
ident.
I move that the Bill do now pass.
The President: It has been moved that the Bill ent i-
tled the Economic Development Amendment Act 2019
do now pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: The Economic Development Amen d-
ment Act 2019 was given a third reading and passed.]

The President: Thank you, Senator Richardson.

Sen. Anthony Richardson: Thank you.
The President: We will now move on to the [Order]
No. 2 on the Orders of the Day. And that is the Digital
Asset Business Amendment Act 2019.
Senator Campbell, it is your Bill. You have the
floor.
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I move that the Bill entitled
the Digital Asset Business Amendment Act 2019 be
now read a second time.

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

Official Hansard Report 2 October 2019 665

Bermuda Senate BILL

SECOND READING

DIGITAL ASSET BUSINESS
AMENDMENT ACT 2019

Sen. Vance Campbell: Thank you, Madam President.
Madam President, I am pleased to present to
the Senate the Bill entitled the Digital Asset Business
Amendment Act 2019 .
The purpose of the Bill is to amend the Digital
Asset Busin ess Act 2018 (the Act) to provide for new
categories of digital asset businesses together with
other prudential matters. Madam President, the Act sets down a supervisory framework for the oversight
of digital asset business providers. Key components
of the framework provide for matters related to corpo-
rate governance, customer protection, cybersecurity,
as well as supervision and enforcement.
Madam President, Senators are advised that
while the framework has only been operational with effect from September 2018, the rapidly evolving na-
ture of the digital asset industry requires that there is
constant monitoring and adjustments to the legislative
framework, in order for it to continue to be fit for pur-
pose.
Madam President, the substantive amend-
ments proposed today include expanding the scope of
coverage to include other forms of digital asset ex-changes. Senators are advised that the Act has been
interpreted to exclude digital asset derivative ex-
changes. As such, it is proposed to amend the Act accordingly to remove this gap.
Additionally, Madam President, section 10 of
the Act will be amended to capture persons who are
carrying on business in Bermuda as a digital asset
trust service provider. The purpose of this amendment
is to ensure that trust companies that act as a fiduc i-
ary, or trustee, of digital assets must have the requ i-
site specialist skills. Accordingly, such persons will be
required to obtain a licence or they will be required to
engage a qualified custodian recognised by the Ber-muda Monetary Author ity.
Madam President, the other amendments to
the Act are not deemed as substantial. These include,
for example, the additional amendment to certain def-
initions which are intended to provide greater clarity
and enhance the operation of the Act.
With those introductory remarks, Madam
President, I now welcome comments from my fellow
Senators. Thank you, Madam President.

The President: Thank you, Senator Campbell.
Would any Senator care to speak on this Bill?
Senator Kempe, you have the floor.

Sen. Nichol as Kempe: We understand that this is
simply filling in some of the gaps that have been cr e-ated with use cases. And we have no issue with this
Bill.

The President: Thank you, Senator Kempe.
Would any other Senator care to speak on
this Bill?
No?
Then, Senator Campbell, it is over to you.
Sen. Vance Campbell: Thank you, Madam President.
I would like to thank my fellow Senators for
their support of this Bill.
Madam President, I move that the Bill entitled
the Digital Asset Business Amendment Act 2019 be
now read a second time.

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

SUSPENSION OF STANDING ORDER 26
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I move that Standing O rder
26 be suspended in respect of this Bill.
The President: Is there any objection to that motion?
No objection.
[Motion carried: Suspension of Standing Order 26]

BILL

THIRD READING

DIGITAL ASSET BUSINESS
AMENDMENT ACT 2019
Sen. Vance Campbell: Madam President, I move that
the Bill entitled the Digital Asset Business Amendment
Act 2019 be now read a third time.

The President: Is there any objection to the third
reading?
No objection.
Carry on, Senator Campbell.
Sen. Vance Campbell: Madam President, I move that
the Bill do now pass.

The President: It has been moved that the Bill ent i-
tled the Digital Asset Business Amendment Act do
now pass.
Is there any objection to that motion?
No objection. The Bill is passed.

[Motion carried: The Digital Asset Business Amend-
ment Act was given a third reading and passed.]

666 2 October 2019 Official Hansard Report

Bermuda Senate The President: Thank you, Senator Campbell.

Sen. Vance Campbell: Thank you, Madam President.
The President: We now move on to the third item on
the Orders of the Day. And that is the Employment
(Maternity Leave Extension and Paternity Leave)
Amendment Act 2019.
Senator Hayward, it is your Bill. You have the
floor.
Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Employment (Maternity Leave E x-
tension and Paternity Leave) Amendment Act 2019 be
now read a second time.

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

BILL

SECOND READING

EMPLOYMENT (MATERNITY LEAVE EXTENSION
AND PATERNITY LEAVE) AMENDMENT ACT 2019
Sen. Jason Hayward: Madam President, I am
pleased to introduce the Bill entitled the
Employment
[(Maternity Leave Extension and Paternity Leave)]
Amendment Act 2019 .
Madam President , as my Senate colleagues
will be aware, the project to modernise Be rmuda’s
labour laws has been ongoing for some time. The
provisions of the Employment [(Maternity Leave E x-
tension and Paternity Leave)] Amendment Act are the
first of a number of proposed changes to the legisl a-
tion and fulfil the Government’s platform and T hrone
Speech promise to increase maternity leave and pr o-
vide for paternity leave for the first time in the legisl a-
tion. The amendments also provide for flexibility in the
use of vacation leave.
Madam President , the provision of maternity
and paternity le ave is a key element in enabling par-
ents to forge bonds with their babies, and while m a-
ternity leave has become standard in most countries
around the world, and indeed here in Bermuda, the
provision of paternity leave globally has been neglec t-
ed. Paternity leave helps foster better father/child rel a-
tionships, and fathers need the chance to adjust to
their new addition just as much as mothers. Madam President , studies have demonstrated
increased benefits for children whose mothers have
longer periods of maternity leave. Those benefits i n-
clude better cognitive and academic development, as
well as greater health benefits through longer breas t-
feeding periods. Additionally, maternal health is en-
hanced, with psychological distress significantly less
likely, for mothers who have more paid maternity
leave. Madam President , the Bill seeks to extend
maternity leave to 13 paid weeks for employees who
have worked for one continuous year. The current
allowance for maternity leave is eight weeks paid
leave and four weeks unpaid leave. Employees who have not worked for one continuous year will be ent i-
tled to 13 weeks of unpaid leave.
Madam President , the Bill also seeks to pr o-
vide five [paid] days paternity leave for employees
who are becoming fathers and who have work ed for
one continuous year by the expected date of birth.
Employees applying for paternity leave must provide a
medical certificate certifying the pregnancy and the
estimated date of birth.
Madam President , paternity leave may only
be taken once in a 12- month period beginning on the
date which the child is born and may be used at any
point within 14 weeks from that date. This will provide
fathers with the flexibility to use their leave when it is
most needed, whether that is in the first few days fol-
lowin g the birth or in the first week of the mother’s r e-
turn to work.
Madam President , employees who have not
worked for one continuous year will be entitled to five
days unpaid leave.
Madam President , the Employment Act [2000]

currently provides an employee with two weeks’ an-
nual paid vacation leave after he or she has complet-
ed one year of continuous employment.
Madam President , this Bill seeks to provide a
measure of flexibility in the use of the vacation leave,
as employees will now be entitled to one week’s hol i-
day after the first six months of employment. Madam President , vacations are important for a number of
reasons including health and relieving stress, and the
entitlement to a week’s vacation within an earlier time
frame may prevent burnout and optimise a healthy
work environment. To be clear, Madam President , the
Bill does not provide additional vacation time.
Madam President , the extension of maternity
leave and the provision of paternity leave are positive
changes for mothers, fathers and babies, and the abi l-
ity to use a portion of vacation earlier than previously
approved may allow for a better work/life balance.
Madam President , as I said earl ier, these
changes are the first of many, and I look forward to presenting the full gamut of [amendments] to the ex-
isting labour laws later in the fall.
Thank you, Madam President.
The President: Thank you, Senator Hayward.
Would any Senator care to speak on this Bill?
Senator Robinson, you have the floor.

Sen. Dwayne Robinson: Thank you, Madam Pres i-
dent.
First of all, I would like to say that we on this
side do agree with this legislation. I do have one res-
ervation. As far as in its current state, i t could possibly
Official Hansard Report 2 October 2019 667

Bermuda Senate create a slight barrier for a female to get employed
with such a larger percentage of maternity leave com-
pared to that of the father.
So, I did do a little research, and I looked to
Scandinavia. And, you know, you have Finland and Iceland, Norway and Sweden, who have a shared pa-
rental leave. And I thought, being that we are moving
in such a progressive direction, that may be even
more progressive as far as allowing each individual
couple to divvy up the maternity and paternity leave
between them so that it is a bit more catered to differ-ent types of households, where you have one with a
mother who may be the breadwinner who may have to
return to work a little sooner, and the father who may
not be a breadwinner who may want to stay home longer. So, I do believe that this would push for a
more gender -equal legislation. And I know that, obv i-
ously, that is going to take some time.
So, as the Bill stands, it is a good step in the
right direction. But I thought I would recommend this particular s ystem. Because of the struggling economic
climate, I am worried that certain unscrupulous em-
ployers may seek to just opt -out of hiring a certain
percentage of women for being liable to this now -
increased wage or increased time off. And in Sweden, as far as the parental leave goes, two- thirds is co v-
ered by the employer and one- third is covered by
government. So, it might be something to consider in that area, as well, being as it is one thing to legislate
an increase in time [off] . . . you know, we are not
[paying] the bill for it.
So, with those comments, I would like to end it
there, Madam President.

The President: Thank you, Senator Robinson.
Would any other Senator care to speak on
this Bill?
Senator Jardine, you have the floor.
Sen. James S. Jardine: Thank you, Madam Pres i-
dent.
Madam President, I wholeheartedly support
this Bill. It is certainly long overdue, I think particularly
with respect to paternity leave.
It has been many years since I recall my own
children being born. But I was remi nded most recently
by my daughter, who has just had a child, how i m-
portant it is for the mother and the father, if they can,
to spend time with the child in their early years. I have
watched this very closely over the last number of
months with my daughter . And it does make an i n-
credible difference, I think, when the mother is able to
bond closely with the child for at least a three- month
period, if not longer if they can afford to do it. It sets the child, I think, on the right road in terms of its de-
meanour, its interaction with other people. And I think having the father involved even for a brief period of
five days, particularly when the mother just returns from hospital, is a great step in the right direction. So,
I fully support this Bill.
Thank you v ery much, Madam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill?
Senator Michelle Simmons, you have the
floor.
Sen. Michelle Simmons: Thank you, Madam Pres i-
dent.
Some folks view maternity leave or paternity
leave as detrimental to business. But I really think that
if businesses are concerned about the welfare of their
employees, they will see maternity and paternity leave
in a completely different light, because these leaves enable parents to car e for, nurture their children so
that when they are at work they can focus on the
business at hand.
Senator Hayward has already mentioned
some of the advantages of maternity and paternity
leave. And I think it is worth stressing the importance
of especial ly the maternity leave, because there are
emotional, physical and psychological issues for any
mother who has recently given birth to address during
the course of the time that she is also trying to care for her newborn, her infant, the child whom she want s to
see grow into a healthy, happy young person and,
later, an adult. So, women need time to recover.
Also, they do not need the stress of, Now,
how do I pay for . . . How do I keep the household go-
ing? How do I do this in terms of finances? So, paid
maternity leave takes that issue away.
I think maternity leave enables businesses to
actually retain more female employees because it is
natural for women to have children. And therefore,
consideration must be given in the workplace to the
fact that emplo yers want to retain their employees
who have already been exposed to specific on- the-job
training, who bring skills to the workplace that the em-
ployer needs. And half of those employees will be
women. So, this is a way of building loyalty. It is a way
of retaining those employees who have already shown
their worth to the business.
Of course, there is the most important aspect
of maternity leave— the bonding between mother and
child; and in the case of bringing the father on board
with paternity leave, the bonding of the father with his
child. So, obviously, I am in total support of this Bill. I do see it as a first step because I do think it would be advantageous to even go further by way of increasing
the length of paternity leave.
I do not know if everyo ne is aware, but some
of our collective bargaining agreements in Bermuda already allow for paternity leave. And there is one that
I used to be very familiar with. And I have seen people who have taken advantage of paternity leave come
back to work feeling very enthusiastic. They are exci t-
668 2 October 2019 Official Hansard Report

Bermuda Senate ed about the fact that they have had that time, that
their employer has given them that time to spend with
their newborn. So, paternity leave, definitely, I support
it. And I would urge the Government to consider in the
future going even further and increasing the amount of
time given.
With those comments, I will end. Thank you.

The President: Thank you, Senator Michelle Si m-
mons.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR
The President: And before I open again to other
Senators, I would like to acknowledge the presence of
Dr. Anthony Richardson, the Parliamentary Counsel,
in the Gallery.
Welcome to you, sir.
[Employment (Maternity Leave Extension and Paterni-
ty Leave) Amendment Act 2019 , second reading de-
bate, continuing]
The President: Would any other Senator care to
speak on this?
Senator Richardson, you have the floor.

Sen. Anthony Richardson: Madam President, I just
want to add a few comments, I guess, around the
whole idea of mat ernity and paternity [leave]. And to
be honest, speaking from experience, many years ago now—not many, but several years ago now —the abi l-
ity to actually use paternity leave, we had at that stage
five days. And what I was able to do is use, rather
than five full days, do five half -days. And so, I just
want to add comments to everyone else in terms of
the benefit. It was very, very significant because for
my wife at that stage, it allowed her to be able to . . . I
could be there when she needed me to be there, e f-
fectively. And so, she was able to not necessarily
have to deal directly with my daughter at that stage,
but to be able to have (quote– unquote) some time to
herself.
And so, I just want to one more time empha-
sise the fact that the ability to be with wife or spouse
or partner and child at the early stage is tremendous.
And I know . . . rather, I also still recall that it assisted
me to better understand the value of a child crying as
opposed to the irritation of a child crying. As it was
explained to m e, yes, it may sometimes cause some
issues, right? But it allowed the child to develop their
lung capacity effectively. So, whether that is technica l-
ly correct did not matter. It at least gave me a better sense as to how to manage the child crying at that stage. And so, to this day, I still recall those times
where it was me and my daughter only, and then de-
veloping a bond from that perspective. And so, clearly, there is the significant benefit
to mother and/or father to have as much time as pos-
sible to spend with the child at that very, very early
stage because it does set the stage for life. Thank you, Madam President.

The President: Thank you, Senator Richardson.
Would any other Senator care to speak on
this Bill?
Senator Campbell, you have the floor.
Sen. Vance Campbell: Thank you, Madam President.
Madam President, there is no denying the
evidence provided by studies which demonstrate the
increased benefits for children whose mothers . . . the
longer periods of maternity leave to facilitate that bonding process. There is also no denying the ben e-
fits to the mothers themselves who enjoy longer per i-
ods of maternity leave.
But for a brief moment, Madam President, I
want to change hats. I want to put on my professional hat. But before I do so, I want to state that I am in full
agreement and I support increased maternity leave and the establishment of paternity leave benefits un-
der the Act. However, wearing that professional hat,
Madam President, what I would have liked to have
seen is, particularly when it comes to small busines s-
es when you have a two- or three- or four -man or four -
person operation, you are talking a significant per-centage of that workforce not being available for 13
weeks now, as opposed to 8. What I would have liked
to have seen is for that to be phased in, particularly
when I read the first half -a-sentence in the Emplo y-
ment Act, which states (if I can have your indulgence,
Madam President to read?) —

The President: Certainly you may, Senator Campbell.

Sen. Vance Campbell: “Whereas it i s expedient to
promote the fair treatment of employers and emplo y-
ees by providing minimum standards of emplo y-
ment. . . .” So, what I would encourage for any future
amendments is to keep in mind that the Employment
Act is designed to provide a minimum standard, not the median or the norm, necessarily. In my under-
standing, they are not necessarily the same thing.
But more importantly, the legislation that we
are discussing today, I would have liked, from the per-
spective of a small business, to have seen a phasing-
in from the eight weeks to the thirteen weeks. But as I
said previously (putting back on my Senator hat), I do
support the increased maternity leave and the estab-
lishment of the paternity leave under the Employment
Act. Thank you, Madam President.

The President: Thank you, Senator Campbell.
Would any other Senator care to speak on
this Bill?
Senator Kempe, you have the floor.
Official Hansard Report 2 October 2019 669

Bermuda Senate Sen. Nicholas Kempe: Thank you, Madam Pres i-
dent.
And I will echo my colleague, Senator Robi n-
son’s, comments that the OBA wholeheartedly sup-
ports the increase in maternity and paternity leave.
However, as stated, we would like to see more of a
paternal, or, rather, a parental, leave as opposed to a
forced maternal -biased type of cover.
One of the questions I have relates to the up-
coming basic health insurance expansion of benefits,
because as Senator Campbell said, if you are a small business with three or four employees and someone
goes out for a third of the year, how does that burden
affect your business, both operationall y and financia l-
ly? And it is a little bit easier to provide that cover and
to spread it out within a much larger organisation. But
the fear is that small business owners will become
gun-shy about hiring women who are in the childbear-
ing years.
So, the question is, if this is something that is
deemed as a national interest to promote childbirth or the quality of childbirth, given our population numbers,
is this not something that, in part or in whole, should
be borne through some form of government subsidy,
as Senator Robinson [mentioned], is the case in many
of the parental leave schemes in Canada and some of
our Nordic countries? So, again, the question is, is this feature to be part of the basic health insurance to
spread the financial pain, per se, acros s all busines s-
es as opposed to just those who happen to hire more
women in childbearing years? Thank you.
The President: Thank you, Senator Kempe.
Would any other Senator care to speak on
this Bill?
No? Then I just have a couple of comments,
myself.
I am a midwife of many years in a past life.
And I can tell you that, you know, carrying a child for
nine months, people just take it for granted today. But
you have nine months. And sometimes, the women
have a normal delivery. And sometimes, they have a
Caesarean section. And sometimes, they will have,
maybe in their last trimester of their pregnancy, they
may have some issues —high blood pressure or what-
ever. So, I am saying that when the child is born, the
woman needs a lot of time, time for herself and al so
time for the child.
We are so very concerned about family. And
my own view is that this Bill is long coming. And I am
glad to see it here. I am also very pleased to see that
there is paternity leave, because I think during that period following childbirth, the mother needs a lot of
attention, a lot of help. Sleeplessness . . . can you i m-
agine the child, the baby crying at night and she has
already given birth? She is exhausted physically. And then she has to deal with the child. So, having that
additional help of the father of the child with her is a b-
solutely critical. So, I am overjoyed to support this legislation,
to support the legislation [regarding] the fathers being
involved. And I, too, would like to see some extension
in that regard.
I do und erstand the concern that has been
expressed about small businesses. But we are a soc i-
ety who should be very concerned about our popul a-
tion, our low birth rate. And I think that businesses
cannot be excluded from this issue, as well. So, I
would hope that t hey take it under consideration and
realise that they have not just a responsibility to have
a business, but to have employees who are happy
and satisfied and know that they are supported in the
workplace.
So, I appreciate all of the comments that have
been made. And I just wanted to add my own as
someone who has worked very closely with mothers, expectant mothers, throughout their pregnancy and
delivery. So, I thank you all for your comments.
And I will hand over now to Senator Hayward
for his final comm ents.

Sen. Jason Hayward: Madam President, I thank you
for your comments and your support. And I thank the Senators for their support for the increase in maternity
leave, the instalment of paternity leave and the flexibi l-
ity around utilisation of vacation.

[Inaudible interjections]

Sen. Jason Hayward: We cannot deny that the real i-
ties of life have dictated to us that women are the
main source of income for a number of households.
Many households are not two- parent households.
Most of the responsibility for a number of households
is borne solely by women. And women and mothers
should not have to choose whether or not they bring a
child into this world versus the economic hardship
they will find themselves in from not having the benefit of maternity leave.
Paid maternity leave is a standard worldwide.
The ILO [International Labour Organization] has a recommendation of at least 14 weeks of leave. And
they have absolute minimum of 12 weeks that they
support. Yes, in the European countries, the vast m a-
jority of the European countries, their leave exceeds
the 13 weeks that we have just put in place. Some
have 28 weeks. Some have 24 weeks. Some have
five months. And it varies. But the way in which those
leave entitlements are funded is through Social Sec u-
rity.
Bermuda is a society that is averse to tax a-
tion. And so, I have no problem paying 40 per cent of
my income to provide a better quality of life for other
Bermudians. But we do not all share that same opi n-
ion. And as a result, if we are going to provide these benefits, there are only two ways of doing it: The em-
ployer pays a greater portion, or society as a whole
pays a greater portion. Until we begin to change the
670 2 October 2019 Official Hansard Report

Bermuda Senate minds of our fellow Bermudians that we are all in this
together and that this is a collective, unfortunately
these additi onal benefits have to be borne by the em-
ployer.
Madam President, Bermuda was one of 31
countries worldwide that had maternity leave of less
than 12 weeks. So, that is legislated maternity leave
of less than 12 weeks. We were not in good company.
But it speaks to what we actually value. And see,
sometime s we place economic emphasis on things
rather than quality -of-life emphasis or sustainability of
the economic viability of our country. You mentioned rightly that we have low birth rates. But then, when we
look at some of the factors, some of it is the cos ts as-
sociated with childbirth and the lack of support we
give after childbirth.
I am pleased to see the addition of paternity
leave. That is important. I am a father of twin boys.
And if the sole burden after birth was placed solely on
the mother, my boy s would not have received the
necessary care that they required in the early stages
of life. I actually took additional vacation leave on top
of my paternity leave so I could support their mother in
their first stages or their first days here on earth. And it
was absolutely required. And so, the father’s contribu-
tion is often overlooked. And I am glad that we are
inserting now into our legislation provisions for pater-nity leave.
Madam President, it is also important that we
not overlook the fact that now w e will introduce some
flexibility regarding vacation leave. We are now mov-
ing to where somebody does not have to take one
continuous year of work without having an opportunity to take a vacation. Especially in a country where we
do have a large guest worker population, could you
imagine mothers who move to Bermuda who cannot
spend Christmas with their loved ones because they
cannot go home because they do not get vacation
leave in the first year of work?
So, these are some of the things that we have
to consider when we look at making improvements to
the Employment Act, which is actually a flaw, be-
cause, as Senator Simmons rightly said, in unionised environments, we have been negotiating these prov i-
sions above and beyond what was in the Employment Act. And p aternity leave is a standard feature of col-
lective agreements in unionised environments.
And I will say most good employers have em-
ployee handbooks, which are not collective agre e-
ments. However, they do provide for provision for pa-
ternity leave. And so, w hat we are trying to do is just
making it a national standard where paternity leave is
now granted.
With those comments, Madam President, I will
close. And I move that the Bill entitled the Emplo y-
ment (Maternity Leave Extension and Paternity Leave) Amendm ent Act 2019 be now read a second
time.
The President: Is there any objection to that motion?
No objection. Carry on, Senator Hayward.

SUSPENSION OF STANDING ORDER 26

Sen. Jason Hayward: Madam President, I move that
Standing Order 26 be suspended in respect of this Bill.

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

Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Employment (Maternity Leave E x-
tension and Paternity Leave) Amendment Act 2019 be
now read a third time.

The President: Is there any objection to the third
reading?
No objection.

BILL

THIRD READING

EMPLOYMENT (MATERNITY LEAVE EXTENSION
AND PATERNITY LEAVE) AMENDMENT ACT 2019

Sen. Jason Hayward: Madam President, I move that
the Bill do now pass.
The President: It has been moved that the Bill do
now pass.
Is there any objection to that motion?
The Employment (Maternity Leave Extension
and Paternity Leave) Amendment Act 2019 is passed.
[Motion carried: The Employment (Maternity Leave
Extension and Paternity Leave) Amendment Act 2019
was given a third reading and passed.]
The President: Thank you, Senator Hayward.
We now move on to the third item on our O r-
ders of the Day —

[Inaudible interjecti on]
The President: Sorry. It is the fourth, the Merchant
Shipping Amendment Act 2019.
Senator Caesar, it is your Bill. You have the
floor.

Sen. Crystal Caesar: Thank you, thank you, and
good morning, Madam President.

The President: Good morning to you .

Official Hansard Report 2 October 2019 671

Bermuda Senate BILL

SECOND READING

MERCHANT SHIPPING AMENDMENT ACT 2019

Sen. Crystal Caesar: Madam President, I move that
the Bill entitled the Merchant Shipping Amendment
Act 2019 be now read a second time.

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

Sen. Crystal Caesar: Thank you.
Madam President, the purpose of the
amendment Bill before this Honourable House is to
address a concern related to the application of certain
UK regulations under the Bermuda Merchant Shipping
Act 1979. The issue is whether the saving provisions
in the Merchant Shipping Act 2002 preserved the ap-
plication of these UK laws.
Madam President, the chapters of the Safety
of Life at Sea, or SOLAS, Convention, which are not
provided for under local law, were included or covered
by section 22A and the Fifth Schedule of the Merchant
Shipping 1979 Act, which gave effect to the UK regu-
lations, rules and orders that implemented SOLAS. However, the Merchant Shipping Act 1979 was r e-
pealed by the Merchant Shipping Act 2002.
During a recent review of their legislation, the
Bermuda Shipping and Maritime Authority (or the
BSMA) had cause to look at the saving provisions in
the Merchant Shipping Act 2002 and queried whether they in fact carried forward the application of those
Fifth Schedule UK regulations.
Madam President, it appears that section 22A
and the Fifth Schedule were repealed in 2002, and the
applica tion of the Fifth Schedule UK regulations may
have ceased at that point. Therefore, if the UK regul a-
tions are no longer applied, there appears to be the
danger that several of the most important chapters of
SOLAS are not presently implemented in Bermuda.
That obviously is a concern, as it represents a risk
over enforceability of the applied laws. Therefore, for ease of reference and removal of doubt, it is deemed
necessary to insert the Fifth Schedule of the Merchant
Shipping Act 1979 as Schedule 12 to the Merchant
Shipping Act 2002. Schedule 12 will include 42 regu-
lations, rules and orders.
Madam President, this amendment Bill also
includes provisions that validate actions or decisions taken in pursuance of legislation listed in the Fifth
Schedule to the Merchant Shipping Act 1979 from the
day of the coming into force of the principal Act, the
Merchant Shipping Act 2002.
I would also like to inform Members of the
Senate that, going forward, it is planned to draft and
enact national regulations to replace and remove the
reliance on the UK regulations. With those brief comments, Madam President,
I open the floor for colleagues’ questions.

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

Sen. Nicholas Kempe: Thank you, Madam Pres i-
dent.
We recognise that this Bill is keeping us in line
with gaps in legislation that have become apparent.

The President: Thank you, Senator Kempe.
Would any other Senator care to speak on
this Bill?
No?
Then, Senator Caesar, it is over to you.

Sen. Crystal Caesar: Thank you, Madam President.
Madam President, I move that the Bill entitled
the Merchant Shipping Amendment Act 2019 be now
read a second time.

The President: Is there any objection to the second
reading?
No objection.

SUSPENSION OF STANDING ORDER 26
Sen. Crystal Caesar: Madam President, I move that
Standing Order 26 be suspended in respect of this
Bill.

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

[Motion carried: Standing Order 26 suspended]

Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill entitled the Merchant
Shipping Amendment Act 2019 be now read a third time.
The President: Is there any objection to the third
reading?
No objection.

BILL

THIRD READING

MERCHANT SHIPPING AMENDMENT ACT 2019
Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill do now pass.
The President: It has been moved that the Bill ent i-
tled the Merchant Shipping Amendment Act 2019 do
now pass.
672 2 October 2019 Official Hansard Report

Bermuda Senate Is there any objection to that motion?
No objection.
The Bill is passed.

[Motion carried: The Merchant Shipping Amendment
Act 2019 was given a third reading and passed.]

The President: Thank you, Senator Caesar.
We now move on to the fifth item on the O r-
ders of the Day. And that is the second reading of the
Tourism Investment Amendment Act 2019.

Sen. Crystal Caesar: That is me as well.

The President: Senator Caesar.

Sen. Crystal Caesar: Yes.
The President: Absolutely. Continue. You have the
floor.
Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill entitled the Tourism I n-
vestment Amendment Act 2019 be now read a second time.
The President: Is there any objection to the second
reading?
No objection.
Carry on.

BILL

SECOND READING

TOURISM INVESTMENT AMENDMENT ACT 2019

Sen. Crystal Caesar: Thank you, Madam President.
Madam President, the purpose the [ Tourism
Investment Amendment Act 2019 ] before the Senate
is to enable certain recent hotel developments and
redevelopments, which currently receive tax relief pursuant to the Hotels Concess ion Act 2000, to take
advantage of the tax relief available under the Tour-ism Investment Act 2017.
Madam President, [Senators] will recall that
the Tourism Investment Act 2017 (or the Act) became
operative in November 2017. The primary objective of
the Ac t is to make Bermuda more attractive to foreign
investors and to incentivise and assist local tourism -
related business owners who reinvest in their product.
The precursor of this Act, the Hotels Conces-
sion Act 2000, was very cumbersome for the Go v-
ernment to administer and very costly for developers
to use. Developers were required to make detailed annual submissions for each amount spent on the hiring of Bermudian entertainers, the training of Ber-
mudian employees and the marketing of the hotel for
each year of their approved Hotels Concession Order. Concession Orders provided tax relief for a maximum
period of five years.
By contrast, Madam President, the Tourism
Investment Act provides a scale of tax relief for five
new types of tourism product, including (1) a new ho-
tel; (2) a refurbished hotel; (3) a new restaurant; (4) an
existing restaurant; and (5) an attraction. The relief
available under the Act ranges from one year to a maximum of ten years, depending on the level of i n-
vestment made in the tourism products.
With a new hotel, for example, the Act allows
for full relief from custom duty, full exemption from
hotel occupancy tax, full exemption from the emplo y-
er’s share of the payroll tax (subject to annual verific a-
tion of a management training program me for Berm u-
dians), full exemption from land tax starting six years
after a hotel’s opening date (subject to verification that the hotel in years six through ten employs 70 per cent
Bermudian staff) and deferral of landholding charges
payable under the Ber muda Immigration and Protec-
tion Act 1956.
Madam President, at the time the Act was
being considered and drafted, a number of developers
came forward with investment plans for properties in
Bermuda, namely, The Loren at Pink Beach, Ros e-
wood Bermuda and Az ura Bermuda. Each of these
developments would be a new hotel if the Tourism
Investment Act had been ready at that time. As the
Act was not available, each developer applied for —
and this Legislature approved —a Hotels Concession
Order for their developments.
Madam President, the Government is of the
opinion that it is not unreasonable for these develop-ments to qualify for tax relief under the Tourism I n-
vestment Act 2017, given that the projects would have been eligible but for timing. As such, the Government
proposes to amend the Act so that the developers of
those three properties —namely, The Loren, the
Rosewood Bermuda and Azura Bermuda—can apply
for a Tourism Investment Order.
The Act is not retroactive in its application,
which is why it needs to be am ended to extend and
apply to these hotel developments which predate commencement of the Act. The current concession
orders for those developments will be repealed as
new investment orders are approved by the Legisl a-
ture.
Madam President, there are two updates be-
ing addressed at this time as part of this Bill. First, the Tourism Investment Division, formerly a part of the
Bermuda Tourism Authority (or the BTA), is now with
the Bermuda Business Development Agency [BDA].
Therefore, the two references to the B TA in the Act
are being changed to the BDA. Second, the Act r e-
voked 14 concession orders which were either spent
or unused. This Bill proposes to revoke an additional,
unused order for Elbow Beach. This provision of the
Act is available should the owners of the hotel seek to undertake those renovations or redevelopment.
Official Hansard Report 2 October 2019 673

Bermuda Senate Madam President, the Government continues
to work to establish an investment environment in
Bermuda which is welcoming and supportive. As a
part of that, we will monitor and assess the impact and
implementation of the Tourism Investment Act so as to bring about success for our Island and its tourism
stakeholders and partners.
With that, Madam President, I end my r e-
marks and open the floor for my colleagues’ com-ments.

The President: Thank you, Senator Caesar.
Would any Senator care to speak on this Bill?
Senator Jones, you have the floor.
Sen. Marcus Jones: Thank you, Madam President.
We on this side of the aisle are wholehearted-
ly in agreement with this amendment. Anything that
the Government can to do make and generate i n-
vestment dollars into this industry to make it easier for
our hoteliers to do business here on the Island, we are 100 per cent behind it.
Thank you, Madam President.

The President: Thank you, Senator Jones.
Would any other Senator care to speak on
this Bill?
Then, Senator Caesar, it is back to you.


Sen. Crystal Caesar: Thank you, Madam President. I
am actually —

[Crosstalk]

The President: Full support.
Sen. Crystal Caesar: Yes. I am quite happy to see
that this type of amendment is being supported. And
as one would want . . . we want to see our hotels do
well. We want to see tourism continue to thrive in
Bermuda. And therefore, we are making the way par-
ticularly for those t hree properties that would other-
wise have fallen under this particular part of the legi s-
lation to be able to take advantage of some of those concessions.
So, with that, Madam President, I would like to
move that the Bill entitled the Tourism Investment
Amendment Act 2019 be now be read a second time.

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

SUSPENSION OF STANDING ORDER 26
Sen. Crystal Caesar: Thank you, Madam President.
I move that Standing Order 26 be suspended
in respect of this Bill.
The President: Is there any objection to that motion?
No objection.
Carry on.
[Motion carried: Standing Order 26 suspended]

Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill entitled the Tourism I n-
vestment Amendment Act 2019 be now read a third
time.

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

BILL

THIRD READING

TOURISM INVESTMENT AMENDMENT ACT 2019
Sen. Crystal Caesar: Thank you, Madam President.
I move that the Bill do now pass.

The President: It has been moved that the Bill do
now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The Tourism Investment Amendment
Act 2019 was given a third reading and passed.]
The President: Thank you, Senator Caesar, and all
Senators for their support of the Bill.

MOTIONS

The President: There are none.

CON GRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak on
this?
Senator Jones, you have the floor.
Sen. Marcus Jones: Thank you, Madam President.
I would like for these Chambers to extend
condolences to the family of the late Wilfred Leroy
Furbert. He leaves behind his wife of 55 years, Dor o-
thy, four sons, two daughters. A quiet man of few
words, continuing in the legacy under the leadership of his father, the late Wilfred “Bill” Furbert, he spent
many years playing in the Bermuda Regiment Band.
An active member of his church, Mr. Furbert was a welcoming face on Sunday mornings, a respected
husband and father.
674 2 October 2019 Official Hansard Report

Bermuda Senate And secondly, I would like these Chambers to
extend condolences to the family of the late Kay R.
Dutton, a mother and grandmother. Kay Dutton grew
up in the Roberts Avenue neighbourhood, where her
work experience included Fairmont Southampton, Magistr ate’s Court and retiring as the Account-
ant/Office Manager at A. F. Smith after 26 years,
where she received numerous awards for outstanding achievement. But what made her stand out in her
community was her tireless work providing food and
compassion to the homeless every Friday morning
before going to work. In addition, she gave back to her
childhood school, Prospect Primary, by mentoring for
their Double Portions programme. She will be a miss.
Thank you, Madam President.
The President: Thank you, Senator Jones.
Would any other Senator care to speak on
congratulatory and/or obituary speeches?
Oh, Senator Michelle Simmons. You have the
floor.

Sen. Michelle Simmons: Thank you, Madam Pres i-
dent.
I would like to congratulate the Bermuda Tour-
ism Authority for a new slate of cultural tourism
events, which will be starting this week. I am referring especially to the new Black Heritage Tour and three
theatrical performance highlights which will bring alive
the story of Bermudian slave, Sally Bassett. As we all
know, Sally Bassett was a symbol of resistance, who
was burned at the stake here in Bermuda in 1730.
And 10 years ago, the Government of the day erected a statue to commemorate what Sally Bassett had
stood for, down on the lawns of the Cabinet Building.
These tours, which have been a collaborative
effort between the Department of Community and Cu l-
tural Affairs, the Cabinet Office and the BTA, are b e-
ing launched this week. And, Madam President, if I
may read from a press release from the BTA?

The President: You certainly may, Senator Simmons.

Sen. Michelle Simmons: I will just share that. It says,
“Launching this week, a four -night commemoration of
Bassett’s story will take place on the lawn in front of
her monument, a finale for a series of BTA -curated
bus tours. ” (That is the end of the quote.) Apparently,
there will be an hour -long guided bus ride, which is a
paid experience. But at the end of the bus ride, there
will be a gathering on the lawn of the Cabinet Office.
And then, there will be a half -hour dr amatisation of, I
assume, the life of Sally Bassett. And that is free of
charge.
So, I would just like to encourage members of
the community to come out and support this. And I
thank the Bermuda Tourism Authority and congrat u-
late them for this collaborati on with the Cabinet Office and with the Department of Community and Cultural
Affairs. Thank you.

The President: Thank you, Senator Michelle Si m-
mons.
Would any other Senator care to speak on the
congratulatory and/or obituary speeches?
No. Then we will m ove to adjournment.

ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Senate do now adjourn to
Wednesday, October 9
th.

The President: Would any Senator care to speak on
the matter of adjournment?
Nobody wants to speak on the motion to a d-
journ. Therefore, I move that the Senate do now a d-
journ until . . .
[Crosstalk ]

The President: October the 9th, yes. The Senate
stands adjourned. Thank you, Senators.

[The Senate adjourned at noon until 10:00 am,
Wednesday, *9 October 2019.)


[*The Senate did not resume on 9 October 2019.]