June 12, 2019

Senators, that is the conclusion of our
debate in Committee.

Senate resumed at 10: 48 am

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

BILL

REPORT OF COMMITTEE

PREMIER, MINISTERS AND OPPOSITION LEADER
PERSONAL STAFFS ACT 2019
The President: Senator Campbell, now that the Bill
has been amended in Committee, you will make a
motion to have the Bill returned to the House—

The Clerk: To the Senate.

The President: To the House from here.

The Clerk: Oh, to the House.

The President: As amended. Thank you.

Sen. Vance Campbell: Madam Pr esident, I move that
the Bill, as amended, be now returned to the House.

The President: You are requesting the House—
The Clerk: You are requesting the House’s concurrence.

The President: Concurrence.

Sen. Vance Campbell: Requesting the House’s concurrence—
The President: With the amendment that has —
Sen. Vance Campbell: That is amended, yes.

The President: Thank you.
Any objections to the Bill being returned to the
House as amended?
No objections.
Agreed to.
[Motion carried: The Premier, Ministers and Oppos ition Leader Personal Staffs Act 2019, as amended by
the Senate, returned to the House of Assembly for
concurrence.]

The President: Thank you, Senators, and thank you,
Senator Jardine, for chairing the Committee.
The Bill will be returned to t he House as
amended, with a suitable message. Thank you.

MOTIONS

The President: There are none.

CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak on
these?
Senator Michelle Simmons, you have the
floor.

Sen. Michelle Simmons: Thank you, Madam Pres ident, and good morning to everyone.
I would like to spend a moment or two to
thank all fathers, all stepfathers, all surrogate fathers,
all of the fathers around this table this morning and all
those listening to us over the airwaves. In fact, I am
going to put there all men who play any kind of fatherly role to children or even, may I say, to young adults,
and even adults.
I am going to wind the clock back to 1986
when my father died. Unfortunately, it was rather su dden. And I was still quite young, in my opinion, early 30s. And there was a great void in our family as a r esult. I remember my godfather, and I remember my sister’s godfather, stepping up to play an important
role as surrogates, because they knew we still ne eded
that support of a fatherly figure. And, of course, we
had uncles and cousins who also stepped up.


Bermuda Senate Sometimes, men may not always realise how
important they are in the lives of children and in the
lives of families. But we can take some time this
weekend coming, since Father’s Day is on Sunday,
June 16th, to celebrate the contribution of fathers in
our community. So, to all stepfathers . . . I will say it
again—fathers, surrogate fathers, uncles, all men in
this community who are nurturing, who are supporting,
who are educating, who are mentoring, who are there
for our young people, our children, thank you. And
please be encouraged, because you are making a difference.
Thanks, Madam President.

The President: Thank you, Senator Simmons.
Would any other Senator care to speak?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: Thank you, Madam Pres ident.
I would like to extend my congratulations to
Mr. Jeremy Cox on the 50
th anniversary of the BMA
[Bermuda Monetary Authority]. He was recognised
recently at the Bermuda Captive Conference. He has
been the CEO now for some 18– 19 years. And we
recognise, certainly, the ever -increasing role the BMA
has in safeguarding Bermuda’s reputation as a juri sdiction, with the ever -moving goalposts that the world
keeps putting in place for us. So, I would like to rec-ognise his contributions to Bermuda.

The President: Thank you, Senator Kempe. I am
sure that the entire Senate body would agree with
your comments.
Would any other Senator care to speak on
congratul atory and/or obituary speeches?
Senator Campbell, you have the floor.

Sen. Vance Campbell: Madam President, just some
quick words. Following on from Senator Simmons on
talking about fathers, we have the Bermuda National
Team, who will be playing their fi rst game in the Gold
Cup on Sunday. And many of the support staff and players are fathers. And they will be away from their
families, some of them in order to represent Bermuda and also to make a name for —you know, further Bermuda’s name in the sporting fi eld, but definitely put
Bermuda further on the map as a very small country that, quite often, delivers well above its weight. So, I
would like to commend them for their dedication to the
cause, especially on the day when I am sure they would enjoy being wi th their families.
Thank you, Madam President.

The President: Thank you, Senator Campbell.
Would any other Senator care to speak?
No?
Then I would like to just say a few words, first
of all for congratulations to Bermuda’s Ombudsman, Victoria Pearman, who organised . . . she is actually
the President of the regional Ombudsman Associ ation. And there was a regional conference that was
held just recently. And it really proved to be highly
successful. There were a number of people who were invited to attend the open sessions. And I think there
were two mornings in which there were open sessions, and I was able to attend. And so, it was really
excellent. And I think Bermuda certainly pumps above its weight. And it was really very good. So, congratul ations to her.
I also would like to acknowledge and send
congratulations to Merle Brock Swan. She had her
90
th birthday recently. And she decided to (I am sure
she will not mind my saying it), but she has a love for
the Gombeys. And she decided to dress up as a
Gombey. And she walked into the party gathering. It was held at Astwood Park. And it was a wonderful
occasion. And I thought, Well, you know, she really —
at 90? She actually danced in, you know.

[Laughter]

The President: So, that was really wonderful.
So, I think also, I would like to acknowledge or
send obituaries —congratulations —not congratul ations, but sympathies (sorry), sympathies to Beunice
Crockwell. As you know, she worked in the Cabinet Office. And she died just recently. And she will be a
miss because she really was a person, when you
went into the Cabinet Office, she greeted you so
warmly with her big smile and always words of en-couragement to everybody who came in, and partic ularly new ones. And I remember 11 years ago when she said certain words to me, and each time I went
into the Cabinet Office. I am sure we would all want to
send condolences to her family.
With that, we will move on to adjournment.

ADJOURNMENT

The President: Kathy Lynn Simmons, Attorney General and Government Leader in the S enate.

Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Senate do now adjourn until
Wednesday, June 19th (if I am correct).
[Crosstalk ]
Sen. the Hon. Kathy Lynn Simmons: Until next
week.
The President: All right. So, the Senate is adjourned
until next week, June the 19
th.
Would any Senator care to speak on the m otion to adjourn?
526 12 June 2019 Official Hansard Report

Bermuda Senate Senator Michelle Simmons, you have the
floor.

“FREEDOM FRIDAY” COMMEMORATION

Sen. Michelle Simmons: Madam President, thank
you.
This is just to encourage all of us and all those
who are listening to come and support something
which I think this entire community really has benefi ted from. And that is, I am referring to the commem oration which will take place on Friday of this week at
City Hall, starting at 12:30, as we remember what
happened 60 years ago, when under the leadership of
the Progressive group an end was put to legalised segregation in this country. The men and women in
that group really went out on a limb because they felt
very stron gly about the way in which this country was
at that time.
We have come a long way in Bermuda. There
is more to be done. But I think that this is a community
event, organised by Glenn Fubler, which all of us can
support at some point during that period on Friday.
So, on Friday at 12:30 at City Hall, I hope that the
community will come out and support the commem oration for the end of legalised segregation in this country. Thank you.

The President: Thank you, Senator Simmons.
Would any other Senator care to speak?
Senator Kempe, you have the floor.

DEPARTMENT OF CHILD AND FAMILY SERVICES,
REPORT OF INVESTIGATIONS INTO

Sen. Nicholas Kempe: Thank you, Madam Pres ident.
I would like to speak to something that we
heard last week in the motion to adjourn, but did not
have a chance to respond to, and which has also
been, I guess, rather conveniently highlighted in t oday’s Royal Gazette. Madam Attorney General spoke
about requesting the newspaper to not ask, essentially, uncomfortable questions, not do investigat ive journaling. And I quote, and this is both from the paper and from what I remember in person, “
2. . . try to o btain information that is detrimental to what we are tr ying to accomplish.”
That approach to asking questions, whether it
be a source of journalism or the Opposition, I think is entirely counterproductive to the checks and balances
that we have built into our society.
Another item that all relates to this DCFS [D epartment of] ongoing affair, this time is not something
that I can quote first -hand . But I am going to quote
from today’s paper. When asked under a PATI r e2 Royal Gazette , 6 June 2019 quest for the “‘3full report into allegations of misconduct, Legal Affairs allegedly “refused to disclose whether the record existed because the ministry said
to do so would ‘add” (I am highlighting the direct quote
by the Royal Gazette ) “‘unnecessary confusion to mi sinformation which is already present in the media and
public domain.’”
Now, I am struggling to understand how the
release of an investigation would add more confusion. One would think that if there are concerns about r umour and innuendo, releasing the report would put to
bed any confusion and, in the name of transparency,
allow the public to understand what it is exactly the
Government investigation has uncovered or not, and
would provide people with some insight into why certain decisions were made or not made. Thank you,

Thank you, Senator Kempe.
Would any Senator care to speak on the m otion to adjourn?
Senator Robinson.
Sen. Dwayne Robi nson: Good morning, Madam
President.
The President: Good morning to you.

Sen. Dwayne Robinson: I just have a few further
questions here on the infrastructure fund, graciously —
[Inaudible interjection]
Sen. Dwayne Robinson: No, just off of these—
[Inaudible interjections]
The President: Not at this time.
Sen. Dwayne Robinson: No problem.

The President: Sorry. I just realised what you were
referring to.
Would any other Senator care to speak on the
motion to adjourn?
Sen. Kathy Lynn Simmons, Attorney General
and Government Leader in the Senate, you have the
floor.

Sen. the Hon. Kathy Lynn Simmons: For clarific ation, no other Senator wishes to speak?

[Crosstalk]

The President: Well, no. I did ask. And no one did.


3 Royal Gazette , 12 June 2019


Bermuda Senate Sen. the Hon. Kathy Lynn Simmons: Okay. Thank
you, Madam President.

The President: You are welcome.

DEPARTMENT OF CHILD AND FAMILY SERVICES,
REPORT OF INVESTIGATIONS INTO
Sen. the Hon. Kathy Lynn Simmons: I am listening
with great interest to the comments of my fellow Senator. And I confess to be listening with great dismay. For the benefit of the listening public and Senators,
we cannot characterise an investigation as something
that is fraught with innuendo or respond to reports that
put it into a category of information that should be dealt with outside of the parameters of the law. The
Internal Audit Act 2010 prohibits release of the report
pertaining to the investigation into Child and Family
Services. From a legal perspective, we are not a llowed to disclose the report.
In terms of the Ministry’s position, as Minister
of Legal Affairs, my role is to make sure that policies and procedures which underline the operations of the
departments within the Ministry are sound, fit for purpose, and reflect international best practice. If the
Senator does not know that, he knows that now.
Members of the public are always invited and are encouraged by law to make PATI requests. PATI r equests also are made within a legal framework. That is what we see played out with respect to every r equest.
We have no control over reporting in the
press. But we often comment. And the comments will always be of a nature to ensure that the integrity of
our operations is maintained and to reassure the pu blic that we always act in the best interest of the chi ldren.
We cannot control adult children, parents or
anyone else who chooses to make reports to the
Royal Gazette about their personal experiences. It
would be remiss of the department or myself or any other officer in the Ministry of Legal Affairs to respond
in a manner that would actually give clarity to the sit uation, but which would also involve having to release
personal information about the child or family situation. We are not allowed to do that, and we will never do that. It would undermine the integrity of our oper ations, which is based on confidentiality.
The Ministry and DCFS remain committed to
protecting the interests of our children. Unfortunately, I
am unable to speak to historic cases that did not
come under my domain or under my purview.
Last w eek, I spoke about the reporting that did
nothing to advance our interests. And when I say “our
interests,” I mean our collective interests in terms of
the efforts that we make to support and protect our children. It serves no useful purpose to speak outsi de
the context of the rules and the parameters that oper-ate to protect the children and also protect the oper ations.
Persons who have questions about investigations, which essentially are civil service matters be-cause they involve personnel, are directed to the head of the public service, who will be able to shed more
light on the procedures surrounding those investigations.
I highly doubt that the head of the public service will reveal personal information pertaining to the
investigations. But I can assure Senators and me mbers of the listening public, where any investigation
gives rise to facts which show that we need to enhance our processes and procedures, that is what the
Ministry will undertake.
We have made great strides within this subject matter. We will continue to do so, undaunted by
negative press or comments surrounding this matter.
And the Government remains committed, as always,
as does the Department of Child and Family Services,
to advancing the interests of our children and to pr otecting t hem.
I intended to actually bring our statement, and
I referred to it last week, pertaining to my trip overseas
to visit the children’s facilities. I was a bit daunted, and
I had to put the brakes on for a minute, because I was
informed last night by one of our partners overseas that, once again, inquiries had been made with regard to children, or one child in particular, who was there
some time ago, which breached all protocol, and so,
having to be distracted somewhat in dealing with that
and to give them reassurance that Bermuda remains
a committed partner.
The reality, Senators, is that Bermuda, unfortunately, does not provide the options that are necessary for our children in terms of treatment. We simply
do not. And in every case where a child is, in fact,
sent overseas . . . and I am digressing somewhat, but
it is relevant and pertinent because most of the press
that we see or dialogue around this matter pertains to
that particular issue. We simply do not provide the
programmes, resources, expertise t hat would be able
to address the very intricate dysfunction and problems
and psychological issues that arise with respect to
some of our children, Madam President. And so, we are actually very pleased that we have these relatio nships.
But I can say, hand on heart, I do not know
one child who would ever jump with glee and happiness if they were told that they were being sent overseas for assessment, if they were told that they had to leave their family and their friends. And I would like to
think that, in the event that any one of our children or
relatives falls into a category now or in the future
where they need that assistance, that this assistance
would be available. It is available. And we will always
support and protect our community partners here and overseas who provide that assistance. But rest as528 12 June 2019 Official Hansard Report

Bermuda Senate sured. Bermuda is unable to service the demographic
that is being serviced overseas.
So, to Senator Kempe, unfortunately, we cannot release the internal audit review. It is prohibited by
law. Have a look a t the Internal Audit Act 2010.
Thank you, Madam President.

The President: Thank you, Senator Kathy Lynn Si mmons, Attorney General.
With that, the Senate stands adjourned until
June the 19th. Thank you, Senators. Enjoy your hol iday weekend.
[At 11: 08 am, the Senate stood adjourned until
10:00 am, *Wednesday, 19 June 2019.]


[*The Senate resumed on Wednesday, 26 June 2019]