Senate
Session 2018/2019
5 speeches
March 14, 2019
Official Hansard Report - Senate
Download PDF transcriptSession Summary
Simplified for YouThe Senate passed important updates to mental health laws that will allow patients to be treated in the community rather than always in hospital, and require proper consent for treatment. They also strengthened Bermuda's anti-money laundering laws to meet international standards and updated whistleblower protection rules. The Attorney General presented the annual drug report showing cannabis and alcohol remain the most used substances, with crime continuing to decline but treatment gaps still existing.
Key Topics
Mental Health Amendment Act 2019 - updating laws for treating people with mental illnessProceeds of Crime Amendment Act 2019 - strengthening anti-money laundering rulesGood Governance (Protected Disclosures) Order 2019 - updating whistleblower protectionsBermuda Drug Information Network (BerDIN) 2018 report on island's drug situationVarious government department annual reports presented
Bills & Motions
Mental Health Amendment Act 2019 - passed all three readings
Proceeds of Crime Amendment Act 2019 - passed all three readings
Good Governance (Protected Disclosures) Order 2019 - approved
Employment (Protected Disclosures) Order 2019 - introduced for future consideration
Notable Moments
The Senate President shared her personal experience working in mental health, praising the new community treatment orders as something that would have helped during her time as a psychiatric nurse
All senators from both sides supported the mental health reforms, showing rare bipartisan agreement on this important issue
The drug report highlighted ongoing challenges with the "revolving door" of patients stopping medication once treatment orders expired
Debate Transcript
5 speeches from 2 speakers
Madam President.
The President
Good morning. Sen. Crystal Caesar: Madam President, I hereby present for the information of the Senate a report ent i162 14 March 2019 Official Hansard Report Bermuda Senate tled t he Bermuda Tourism Authority 2017 Year in R eview. The President: Thank you. Sen. Crystal Caesar: I also have the …
Good morning.
Sen. Crystal Caesar: Madam President, I hereby
present for the information of the Senate a report ent i162 14 March 2019 Official Hansard Report
Bermuda Senate tled t he Bermuda Tourism Authority 2017 Year in R eview.
The President: Thank you.
Sen. Crystal Caesar: I also have the next one, Madam President.
The President: Yes. Please carry on, Senator Ca esar.
Sen. Crystal Caesar: Thank you, Madam President.
BERMUDA AIRPORT AUTHORITY
ANNUAL REPORT FOR 2017/2018
Sen. Crystal Caesar: Thank you, Madam President.
Madam President, I hereby present for the i nformation of the Senate the
Annual Report of the
Bermuda Airport Authority for the year ended 31
March 2018.
The President: Thank you, Senator Caesar. We have
the Annual R eport of the Bermuda Airport Authority
2017/18.
Sen. Crystal Caesar: I just did that.
The President: I beg your pardon. The next one is
the 2018 Financial Statements of the Bermuda Hous-ing Trust. Senator Campbell.
BERMUDA HOUSING TRUST
FINANCIAL STATEME NTS 2018
Sen. Vance Campbell: Madam President, I hereby
present for the information of the Senate the
Financial
Statements of the Bermuda Housing Trust as at 31
March 2018.
The President: Thank you, Senator Campbell.
The next one is the Nursing Amendment
Rules 2018.
Senator Hayward.
NURSING AMENDMENT RULES 2018
Sen. Jason Hayward: Madam President, I hereby
present for the information of the Senate the draft
rules entitled the Nursing Amendment Rules 2018, as
made by the Minister of Health under the provision of
section 9 of the Nursing and Midwifery Act 1997.
The President: Thank you.
And the Bermuda Educators Council (Exem ption) (2018 to 2019 School Year) Amendment Order
2019. BERMUDA EDUCATO RS COUNCIL (EXEMPTION)
(2018 TO 2019 SCHOOL YEAR)
AMENDMENT ORDER 2019
Sen. Jason Hayward: Madam President, I hereby
present for the information of the Senate the draft order entitled, the Bermuda Educators Council (Exem ption) (2018 to 2019 School Year) A mendment Order
2019, as made by the Minister responsible for Educ ation acting on the advice of the Exemption Committee
and under the provision of section 5 and 20(3) of the Bermuda Educators Council Act 2002.
The President: Thank you, Senator Hayward.
BERMUDA DRUG INFORMATION NETWORK
ANNUAL REPORT 2018
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I hereby present for the information of the Senate the
2018 Annual Report of the Bermuda Drug I nformation Network .
The President: Thank you, Senator Simmons, Attorney General.
We move now to Notices of Motion.
NOTICES OF MOTION
GOOD GOVERNANCE (PROTECTED
DISCLOSURES) ORDER 2019
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I hereby present for the consideration of the
Senate the draft order entitled, the Good Governance
(Protected Disclosures) Order 2019, proposed to be
made by the Premier under the provisions of section
3(7) of the Good Governance Act 2012. And I give
notice that at a later point in the meeting I will move
that the said draft order be approved.
The President: Thank you, Senator Simmons, Attorney General.
EMPLOYMENT (PROTECTED DISCLOSURES)
ORDER 2019
Sen. Jason Hayward: Madam President, I hereby
present for the considerati on of the Senate the draft
order entitled the Employment (Protected Disclosures)
Order 2019, proposed to be made by the Minister r esponsible for Labour Relations under the provisions of
section 29A(5) of the Employment Act 2000. And I
give notice that at a later point in the meeting I will
move that the said draft order be approved.
The President: Thank you, Senator Hayward.
Bermuda Senate PETITIONS
The President: There are none.
STATEMENTS
The President: We have two Statements . . . oh,
there is just one. I beg yo ur pardon.
Senator Simmons, Attorney General, you
have the floor.
BERMUDA DRUG INFORMATION NETWORK
(BERDIN) ANNUAL REPORT 2018
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
The 2018 Annual Report of the Bermuda Drug
Information Network (BerDIN) is the seventh major
report of the network. The report documents and hig hlights a time series of drug- related data comparing
information for the y ears 2016 and 2017. It provides a
comprehensive tabular representation of the drug si tuation in Bermuda on the following themes:
• Criminal and Suspicious Activity ;
• Imports , Exports and Licen cing;
• Training for Intervention Procedures (and we
call that TIPS) ;
• Substance Abuse Treatment and Counselling ;
• Drug Screening Surveillance;
• Impaired Driving;
• Health;
• Drug Prevention Programmes ;
• Certified Professionals ;
• Survey Data; and
• Finance Drug Control .
Madam President, historically, drug use is a
difficult and com plex phenomenon to monitor. This
report serves the purpose of providing a comprehensive overview of the current drug situation in Bermuda
using multiple sources and indicators, with the intent
of providing insight into the different aspects of the
drug problem. By and large, the BerDIN Annual R eport monitors and accounts for local drug- related i nformation from approximately 18 agencies and departments that deal with drug- related data including
treatment, prevention, interdiction and enforcement
agencies.
Madam President, the BerDIN, which is made
up of all institutions that collect drug- related information, has a major role in the drug demand and supply reduction efforts in Bermuda. In particular, the
members of the BerDIN are:
1) Bermuda Hospitals Board (and under that umbrella comes)
i. King Edward VII Memorial Hospital
ii. Turning Point Substance Abuse Programme
2) Bermuda Police Service
3) Bermuda Sport Anti -Doping Authority 4) Counselling and Life Skills Services
5) CADA
6) Department of Corrections (and under that banner
we hav e)
i. Westgate Correctional Facility
ii. Right Living House
7) Department of Court Services (and under that
banner we have)
i. Bermuda Assessment and Referral Centre
ii. Drug Treatment Court
8) Department of Health (which has)
i. Central Government Laboratory
ii. Epidemiology and Surveillance
9) Department for National Drug Control
i. Men’s Treatment
ii. Research and Policy Unit
iii. Women’s Treatment Centre
10) Financial Intelligence Agency
11) HM Customs
12) Liquor Licence Authority
13) Supreme Court
Madam President, BerDIN is the central
source of comprehensive information on drug consumption and drug abuse in Bermuda because of its
multidisciplinary approach. In this regard, the Depar tment for National Drug Control (DNDC) collects, analyses, and disseminates reliable, valid, and compar able information using wel l-established methodologies.
By extension, this report provides audiences with an evidence- based picture of the drug phenomenon at
the national level. A report such as this may be used
as a catalyst for raising awareness of the drug situation, its associat ed problems , and should guide the
development of education, prevention, treatment, and
rehabilitation programmes, while improving existing
systems.
Madam President, since the last report of the
BerDIN in 2017, cannabis and alcohol remain the
most widely us ed drugs on the Island. The good news
is that crime continues to decline, notably there has been a decrease over the past year in alcohol and
drug- related crimes. Poly drug use remains ever pr esent, especially amongst persons involved in the cri minal justice system, who reported using some combination of crack cocaine, opiates, and marijuana.
Madam President, assessments done by the
Bermuda Assessment and Referral Centre [ BARC ]
continue to show that opiates, alcohol, heroin, c ocaine, and cannabis remained t he primary substances
of choice amongst the 530 persons who sought treat-ment services for the past two years. There was also
a significant increase in the number of persons who sought treatment for cannabis , 16.3 per cent increase,
and alcohol in 2017. Fur ther, many of these persons
have met the clinical criteria for dependence or abuse problems related to their use of such substances.
When it came to clinical diagnosis, 56 of all clients in
2016 and 67 in 2017 were classified as having “sub-stantial” to “severe” substance abuse dependence.
164 14 March 2019 Official Hansard Report
Bermuda Senate The majority of persons referred for substance abuse
treatment in 2017 were male repeat cases identified
themselves as “ black, ” and were be tween the age of
31 and 45 years.
Madam President, the drug market is still very
much active in Bermuda as persons who sought drug
treatment, or have been offenders of the law, have reported that their primary drug of choice remains
available and accessible. For two consecutive years,
there has been a decrease in criminal trials for offen ces such as cannabis possession and cocaine possession with intent to supply , as well as for increases in
cultivating cannabis. There were less seizures of cash
in 2017 from Financial Crimes, under section 50 of the
Proceeds of Crime Act 1997, cash seizur es and forfeiture being the main categories of seizure with a much
less corresponding dollar value then seen in 2016.
Other categories include civil recovery orders and
confiscations.
Madam President, although there were fewer
seizures of synthetic drugs i n 2017, the Bermuda P olice Service continued to interdict synthetics in addi-tion to seizing a large amount of cannabis edibles and
plants during 2017. There were two seizures of sy nthetic cathinone derivatives, which is a chemical sti mulant found in produc ts marketed as bath salts.
For the first time during 2017, the government
lab reports that 778.8 grams of cannabis edibles were
seized. Law enforcement and the criminal justice sy stem are still, in many ways, not in a position to deal
effectively with controlling the drug market, with factors, such as, outdated legislation and the lack of adequate resources to keep up with the ever -changing
forms and types of substances and the ability to enforce current laws, continuing to make supply reduction more chall enging.
Madam President, with regard to demand r eduction activities, in 2017 there were 101 new clients that were evaluated for substance abuse, 82 of which
entered one of 6 treatment programs on Island. Funding continues to affect the number of clients enrolled
in treatment services and, by extension, a number of
persons seeking care were unable to get into trea tment, while others waited for longer periods than us ual.
Demand and supply reduction agencies r emained at level funding throughout 2017, whilst f unding for transitional housing for FOCUS was restored.
The balance between demand and supply reduction
cannot occur unless interdiction agencies have suff icient funds to execute operations, secure necessary equipment, and have available the training and t echnical assistance for their officers.
Madam President, the year 2017 saw the co ntinued existence of a treatment gap for persons seek-ing a substance abuse assessment. While a person
may go through assess ment he or she may not follow
through with the recom mended level of care, leaving a
“treatment gap” between the persons needing and receiving treatment. An understanding and knowledge
of substance users and abusers who are not in care is
limited. More information is required on how to assess
this specific p opulation to determine its needs.
Madam President, the D epartment for National Drug Control hosted a meeting on October 18
th,
2018, to share the compiled data with all of the BerDIN Members and other relevant stakeholders.
Madam President, these are only a few of the
highlights from the 2018 BerDIN Annual Report. I e ncourage you to review this report at your convenience
for a more in- depth account. This annual publication is
a principal source of information for a wide range of
audiences including policymak ers and their advisors,
professionals and researchers working in drug- related
fields, and, more broadly, the media and general public. This is an annual initiative, which presents a yearly
overview and update of the drug phenomenon in
Bermuda. This report can be considered an essential
reference publication for those seeking the latest find-ings on drugs in Bermuda.
Madam President, as global experience has
shown, neither supply reduction nor demand reduction on its own is able to solve the drug problem. For this
reason, a more balanced approach in dealing with the
pervasive drug problem is a necessity. This includes
more serious prevention and treatment efforts, not
only in terms of policy, but also in terms of funds dedi-cated to these purposes to ensure pro gramming
meets the needs of the community.
Madam President, drugs continue to jeopar dize the health and welfare of people throughout the
world, and Bermuda is no exception. Now , more than
before, drug misuse and abuse represent a clear
threat to the stabil ity and security of Bermuda and to
its economic and social development. Drugs have b ecome a deeply ingrained part of our daily lives and prevention cannot occur unless there is change in our
social attitudes toward alcohol and drug misuse.
This Government is committed to a healthier
and safer Bermuda with an interconnected rebalancing of drug control efforts. With the renewal of the national drug policy, the National Drug Control
Master Plan 2019 –2023, government will be in a better position to impact the local drug situation.
Thank you, Madam President.
The President: We thank you, Senator Kathy Lynn
Simmons, Attorney General and Government Leader
in the Senate. Moving on to the next item.
INTRODUCTION OF BILLS
The President: There are none.
FIRST RE ADING OF PUBLIC BILLS
The President: The following Public Bills have been
received from the Honourable House of Assembly and
B ermuda Senate are now read for the first time. The titles are, respectively:
•Mental Health Amendment Act 2019;
•Proceeds of Crime Amendment Act 2 019;
•Foreign Currency Purchase Tax Amen dment Act 2019 ( Gove rnor’s Recommend ation Signified);
•Financial Services Tax Amendment Act
2019 ( Gove rnor’s Recommendation Signified);
•Hotels (Temporary Customs Duty Relie f)
Amendment Act 2019 ( Gove rnor’s Re commendati on Signified);
•Restaurants (Temporary Customs Duty R elief) Amendment Act 2019 (Gove rnor’s
Recommendation Signified);
•Municipalities Reform Act 2019.
FIRST READING OF PRIVATE BILLS
The President: There are none.
QUESTION PERIOD
The President: Now we wil l entertain questions on
the Ministerial Statement that was read by Sen ator
Kathy Lynn Simmons. Would any Senator care to ask
any questions on that?
No? It was a comprehensive report and
Statement, and we do have the BerDIN r eport that we
can refer to.
That brings us to the Orders of the Day.
ORDERS OF THE DAY
The President: There are items to be taken up for
consideration by the Senate today. Item 1 is the Sec-ond Reading of the Mental Health Amendment Act 2019.
Senator Kathy Lynn Simmons.
STANDING OR DER 25
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I move that the provisions of Standing Order 25 be granted so that Senate may now proceed with the Second Reading of the Public Bill entitled Mental
Health Amendment Act 2019 and the Proceeds of
Crime Amendment Act 2019.
The President: Is there any objection to that motion?
No objection. [
Motion carried: Standing Order 25 grants leave for
Bills to be read a second time on the same day as their first reading in the Senate.]
The President: Senat or Hayward, you have the floor.
BILL
SECOND READING
MENTAL HEALTH AMENDMENT ACT 2019
Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Mental Health Amendment (No. 2)
Act 2018 [sic] now be read a second time.
The Clerk: [It should be] the 2019 amendment.
The President: Did you say 2019?
Sen. Jason Hayward: Correct, that the Mental Health
Amendment Act 2019 now be read a second time.
The President: There is no objection, so you can carry on.
Sen. Jason Hayward: Madam President, a primary
purpose of the Mental Health Act is to set requir ements for the assessment, detention, treatment and
rights of people suffering from mental disorder who
are at risk of harm to themselves or others. Interna-tional estimates, such as from the World Health O rganization, indicate that one in four people will exper ience mental health issues in their lifetime. However, only 2 [per cent] to 3 per cent of this group will have an illness that is severe, persistent, and that will r equire ongoing treatment at times in hospital involuntar-ily.
Madam President, since the introduction of
the Mental Health Act in 1968 advancements in care models and treatment methods has prioritised the significance of social care, patient’s rights, and safeguards. However, our legislation has not kept pace with these advancements. This Bill is a first step to bring Bermuda’s legislation in line with contemporary methods of care while balancing the need to protect the rights of the individual patients and to ensure public safety.
I first want to acknowledge and thank the pr evious administration for initiating this important work. I
am proud to continue this initiative and I am commi tted to the bipartisan collaboration that makes it poss ible for us to achieve meaningful change such as this
amendment Bill.
This amendment Bill focuses on key pressing
priorities. I have actively pushed to ensure its pr ogress under my leadership as part of my com mitment
to protecting persons in care and, more specifically, to ensure we are improving the structures in place to
166 14 March 2019 Official Hansard Report
Bermuda Senate support persons with mental health needs in our
community.
Madam President, this Bill focuses on three
primary areas to improve treatment options and p atient safeguards: establishing community treatment
orders; establishing legislative requirements for consent to treatment; and establishing a framework within
which mental capacity can be determined.
First, Madam President, the Bill provides a
legislative structure to support supervised community
treatment in the form of C ommunity Treatment Orders
[CTOs].
Community Treatment Orders enable mental
health professionals to continue to treat patients granted leave from the hospital for extended periods of time with provisions for certain conditions to be set
for patients, such as, attending appointments and the
continuation of their medication.
Currently, the Act grants leave that expires after 12 months and it cannot be renewed. A small number of chr onic patients that know the system stop
taking their medication immediately after the 12- month
period lapses only to have their health deteriorate, leading to required detention again, resulting in the
so-called “the revolving door syndrome.”
Madam President, the introduction of CTOs
will allow these patients to receive appropriate treatment on an ongoing basis at home or in other co mmunity settings, which currently is only available through readmission to hospital. Not only is treatment
in the community more cost -effective, but it is the best
place for true recovery from mental illness.
As with detention under the Act, safeguards
must also complement this new authority and the Bill
includes mandatory reviews and an appeal mechanism. This treatment option wi ll also rely on BHB’s
community teams already in place to support people
on CTOs. BHB will monitor these resources to make
sure that they are sufficient to meet any growing demand.
Overall, this part of the amendment is a continuation of our commitment to and promotion of com -
munity -based care and it is a first step to the larger
efforts of reforming our mental health system.
Madam President, secondly, the Bill provides
a requirement and framework for consent to treatment in specific cases. The Mental Healt h Act currently
does not require patient consent for treatment authorised under it. In practice, clinicians aim to obtain consent, however, there are no legal safeguards in place
for patients who cannot consent or refuse to consent
to treatment.
As a resul t, this Bill introduces requirements
for second opinions and consultations based on the
severity of the treatment proposed. These provisions
apply to persons detained in hospital or who are under a Community Treatment Order.
A key role introduced for consent to treatment
is the second [opinion] approved doctor (SOAD). These doctors will provide a clinical opinion on the
patient’s ability to consent and, if the patient is unable
to consent or refuses, the SOAD must assess if the
treatment is appropriate. The second opinion doctor
will be independent of the Bermuda Hospitals Board in
order to ensure a fair process for the patient.
Finally, Madam President, the Bill establishes
a framework within which mental capacity can be determined. This is an essential [component ] to consent
to treatment as capacity is required to be able to con-sent. The capacity framework will be outlined in a newly established Code of Practice and will be based
on the United Kingdom’s Mental Capacity Act and associated standards of practi ce, as consulted on last
year.
The framework will define a person lacking
capacity, wi ll establish criteria for deter mining such,
and will put safeguards in place to ensure that dec isions are made in the best interests of the patient.
This Code of Practice will extend beyond the determ ination of capacity and is a key mechanism to ensure
clarity on implementation of the legislation for pract itioners with respect to new legislative requirements,
as well as existing ones.
Before closing, Madam President , I wou ld like
to acknowledge and thank the many people who contributed to making this amendment possible. After
multiple attempts for over more than a decade to
amend this Act, it was a dedicated group of professionals who were able to finally make it happen. We
are all indebted to the Mental Health Act Steering
Committee and the Working Group, to the leadership
at the Mid- Atlantic Wellness Institute and, in particular,
to Dr. Sebastian Henagulph who has provided exten-sive medical and technical advice to get us t o this e xcellent position. I am absolutely certain that we would
not be here without his expert guidance.
In closing, Madam President, this Bill seeks to
address some of the major gaps in the Mental Health Act. It regularises som e current practices while esta blishing new options, processes, and criteria that will
require staff education and development to ensure
successful results.
This Ministry is committed to implementing
these changes to improve practice and protect and promote the rights of persons with mental health
needs. However, we know that this is only a first step.
Our mental health system needs major work to ensure we can find sustainable solutions to provide care and
support needed for a healthier Bermuda.
The Ministry of Health and Government are
committed to the successful implementation of the Bill and the ongoing work which is required to improve our
system.
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.
Bermuda Senate Sen. Dwayne Robinson: Thank you, Madam Pres ident. Good morning, colleagues.
First thing, I and we on this side really agree
with this Bill. We feel like it is a necessary step in
modernising the structure in which we support the comm unity of mental health, Madam President. My
only question and hope is that in the future we do put
in initiatives to support folks with mental health within
the workforce and within the working environment. But
other than that, I think that this is a legis lation that is
needed, and it is something that will benefit the community as we have not put as much emphasis on
mental health as we should have.
So, all in all, I think it is a very concise Bill and
a step in the right direction.
Thank you, Madam Presi dent.
The President: Thank you, Senator Robinson.
Would any other Senator care to speak? Se nator Jardine, you have the floor.
Sen. James S. Jardine: Thank you and good mor ning, Madam President.
The President: Good morning.
Sen. James S. Jardine: Madam President, I certainly
support this Bill. There are a very complex number of
changes that have been made and additions that have
been added, and we have heard from Senator Ha yward the supervisory medical treatment orders and
the details contained therein. There were two specific
things in this amendment which I wanted to draw to the attention of listeners today, and the first is the
amendments to section 65 of the principal Act.
And if I . . . Madam President, could just read
out the small amendment which I think is very important —
The President: Yes, you may.
Sen. James S. Jardine: —and it says: “ Where a pe rson (“D”) has, pursuant to this Act, care or custody
(whether by virtue of any legal or moral obligation or
otherwise) of —(a) a mentally disordered person; or
(b) a person who lacks, or who D reasonably believes
lacks, mental capacity, it shall be an offence for [that
person] to ill -treat or wilfully neglect that person.” And
I think that is a very important addition to this partic ular Act.
And the s econd which was mentioned briefly
by the Senator was the Code of Practice. Madam
President, if I could just read the first three lines of
that particular Code, and I think this is important
again.
The President : Yes, you may.
Sen. James S. Jardine: “The Minister shall prepare
and issue a Code of Practice providing for —”
(amongst other things) “(a) the guidance of registered
medical practitioners and other health professionals
responsible for the care and treatment of patients suf-fering from mental disorder.”
So, I think this Code of Practice again is particularly important because it will set out certain guid elines by which the Government will assess the appr opriate treatment of individuals with mental illness. So, Madam President, I think those two parti cular clauses
are important, and I certainly support this amendment.
Thank you very much, Madam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: Thank you, Madam Pres ident.
Senator Hayward, I was hoping just for a bit of
clarity on one of the clauses, 48J on page 11. It lays
out who is allowed to physically detain and return
someone to custody under the CTO, and categories
(a) and (b) are clearly people with medical training,
(d) could be, but (c) is a police officer. I am just wanting to know if there is any special training above and beyond your standard police training that they would
require to be involved in the detainment of people with
certain mental conditions?
The President: Thank you, Senator.
Would any other Senator care to speak on the
Bill? No? Oh, sorry. I thought you were reaching for
the microphone.
Senators, I would just like to make a comment
myself. I have worked in the ment al health field, both
as a nurse and a psychiatric nurse, as well as a mental welfare officer. And I have been the administrator and the nursing administrator of MWI when it was St.
Brendan’s Hospital. And I have had the experience of
working in the community, and I also have mental il lness in my family.
So, I can tell you that I speak from experience
in terms of dealing with individuals who suffer from
mental illness. And once their treatment order declined, it ran out, they did not take the medication, and
then we had to wait until they again began to show
symptoms.
And I myself, as a mental welfare officer, have
had to use the police, even though as a mental we lfare officer I had the opportunity of taking an ind ividual
into the hospital to be treated. Sometimes, if they
were so disturbed, you could not do it on your own,
and just for the safeguarding of the individual, as well
as yourself, you had to obtain the assistance of the police.
168 14 March 2019 Official Hansard Report
Bermuda Senate So, I welcome greatly this piece of legislation,
because I think that it would have made a big difference at the time when I was practicing. And it brings
Bermuda in line, actually, with the Mental Health Act
in the UK and elsewhere. So, I am verily pleased, Senator Hayward, to see this tabled today and passed
because I thi nk it will help all those individuals who
work with the mentally ill in Bermuda, both at the hospital and in the community. And I think it will help fam ilies too, because now people can be treated in the community. Some of them do not have to be admitted to the hospital if signs and symptoms of their distur bances are recognised early.
So, I am pleased to see this presented today
and I want to thank you and all those individuals who were involved in bringing Bermuda’s legislation up to
the modern times, shal l I say.
So, with that, Senator Hayward, if you could
answer the questions that have been raised.
Sen. Jason Hayward: Madam President, I would like
to thank the Senators for their support. I do think that
a valid point was made by a fellow Senator regard ing
us needing to have reasonable accommodation for
individuals with mental health in the workforce, and
we are currently progressing to get there. But we need
to improve our education about mental health as a society as a whole.
There are discriminatory practices that do
take place that keep individuals with mental health
locked outside of the workforce. In addition to that,
when individuals with mental health issues are in the
workforce, there is not reasonable accommodation by the employers, and there is a lack of understanding of
what individuals need to cope in day -to-day life.
I believe the question that Senator Kempe
asked can be best answered by saying that the police actually do not play somewhat of a clinical role but
play a supporting role. And t he police, being one of
the only bodies that have detention authority in our society, all play a critical role in ensuring that they
support the mental health professionals that do have
the clinical experience with mental health patients.
With that said, Madam President, I move that
Standing Order 26 be suspended in respect of this Bill.
The President: Yes, do the second reading.
Sen. Jason Hayward: Madam President, I move that
the Bill be now read a second time.
The President: Is there any objection to the second
reading?
No objection. Carry on.
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. Carr y on.
[Motion carried: Standing Order 26 suspended.]
BILL
THIRD READING
MENTAL HEALTH AMENDMENT ACT 2019
Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Mental Health Amendment Act 2019 be now read a third time.
The President: Is there any objection to a third reading?
No objections.
Sen. Jason Hayward: Madam President, I move that
the Bill do now pass.
The President: It has been now moved that the Bill
entitled the Mental Health Amendment [Act 2019],
yes, be passed.
Is ther e any objection to that motion? No objection. So moved.
Thank you, Senator Hayward.
[Motion carried: The Mental Health Amendment Act
2019 was read a third time and passed.]
ANNOUNCEMENT BY THE PRESIDENT
SENATE VISITORS
The President: Before we move ont o the next order
of business, I would just like to acknowledge the presence in the Gallery of the members of the National
Anti-Money Laundering Office, Paula Tyndale, the
National Coordinator, welcome! Also, Charmaine
Smith. And I would also like to acknow ledge the presence of [Anthony] Richardson, Parliamentary Counsel. Welcome to you all.
The next item on the agenda is the second
reading of the Proceeds of Crime [Amendment Act 2019]. And Senator Simmons, Attorney General . . . it
is now the second reading of the Proceeds of Crime
Amendment Act, and Senator Simmons, Attorney
General, you have the floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Bermuda Senate Madam President, I move that the Bill entitled
the Proceeds of Crime Amendment Act 2019 be now
read a second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Simmons.
BILL
SECOND READING
PROCEEDS OF CRIME AMENDMENT ACT 2019
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I am pleased to introduce to the Senate the Proceeds of Crime Amendment Act 2019 , the Bill, to address matters pertinent to Bermuda’s compliance with
international standards set by the F inancial Action
Taskforce that we call FATF.
Madam President, the assessment of Berm uda’s anti -money laundering and anti -terrorist financing
regime began early in 2018, and is now at an a dvanced stage. This assessment is being conducted by
a team drawn fr om peer jurisdictions and led by the
Caribbean Financial Action Taskforce which we call
CFATF.
Bermuda now awaits the receipt of the second
draft of the Mutual Evaluation Report from the assessment team to be followed by a comprehensive
written response by Bermuda. As we await the final isation of the assessment and the publication of the
report, the Bermudian authorities continue to proactively work on strengthening the effectiveness of the regime. The amendments contained in this Bill will
support the cont inued enhancement of Bermuda’s
AML/ATF regime, particularly in the area of intern ational financial sanctions.
Madam President, during the assessment period, and, indeed, for some time prior to that, Berm udian authorities have worked collaboratively with G overnment House and the Foreign and Commonwealth
Office to enhance needed compliance with the targeted financial sanctions imposed by the United Nations, the UK and the EU in relation to terrorism, terrorism
financing, and the financing of proliferation of weapons of mass destruction.
In September 2018, these efforts culminated
in a delegation of functions by the Governor to the
Minister of Legal Affairs to support more focused domestic attention to these international obligations.
Consistent with those eff orts, the Government also
took the necessary steps in 2018 to amend the
AML/ATF legislation to require supervisory authorities
to begin to monitor regulated entities to ensure that
they are compliant with these international financial sanctions obligations .
Madam President, the Bill amends the Pr oceeds of Crime (Anti -Money Laundering and Anti -terrorist Financing Supervision and Enforcement) Act
2008, and the Financial Intelligence Agency Act 2007.
Madam President, the amendments to the
Proceeds of Crime ( Anti-Money Laundering and Anti -
terrorist Financing Supervision and Enforcement) Act
2008 will strengthen the enforcement of international
financial sanctions obligations. This will be achieved
by empowering supervisory authorities to impose
penalties as a consequence for breaches of such obligations. The amendment will apply in relation to a range of penalties which currently exist in the Act, thus ensuring that supervisory authorities will have a
variety of penalties to impose to match the nature and
serio usness of a specific breach. The international
standards require that penalties imposed should be
effective, proportionate and dissuasive, and this can
be achieved when an array of penalties of different degrees of seriousness are available to be applied.
Madam President, the amendment to the F inancial Intelligence Agency Act 2007 is necessary to
ensure that the FIA (that is, the Financial Intelligence
Agency) can make relevant disclosures to the Minister to whom the Governor has delegated some of his
funct ions in respect of the international financial sanctions. Although at present the FIA can make discl osures to the Minister of Legal Affairs on other matters,
the FIA is only empowered to make disclosures about
international financial sanction matters to th e Governor. The amendment will allow the FIA to also make disclosures to the Minister of Legal Affairs concerning
matters germane to her delegated functions for international financial sanctions, and that is me.
Madam President, this legislative initiative is
only one part of the work being done by the relevant authorities in Bermuda to ensure that Bermuda is
compliant with international financial sanctions and
has an effective system for enforcement of these obl igations. Other activities being carried out include:
1) the renewed focus of the National Anti -Money
Laundering Committee’s sanctions working group on
the consideration of implementation matters in co nnection with the statutory responsibilities of supervis ory authorities in relation to international financial san ctions and the recent delegation of functions and also 2) the development of an agreed coordination mechanism in relation to international sanctions against the proliferation of weapons of mass destruction to ensure
that Bermuda’s financial, professional and other bus iness sectors are not misused by foreign actors to
evade UN sanctions in this area.
Madam President, Bermuda remains commi tted to working to achieve full compliance with the i nternational standards and this Bill is another step further in the ongoing journey to achieve this. And I
would like to thank the National Anti -Money Laundering team and in particular, the NAMLC coordinator
and her team and the drafter, that you mentioned earlier, my Anthony Richardson is there—
170 14 March 2019 Official Hansard Report
Bermuda Senate [Laughter]
Sen. the Hon. Kathy Lynn Simmons: —for their co ntinued work in this area, and a good work it is.
The President: Thank you, Senator Kathy Lynn Si mmons, Attorney General and Government Leader in the Senate.
Would any Senator care to speak on this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: The Opposition supports this
Bill and also would like to thank NAMLC for their continued work.
The President: Thank you. Would any other Senator
care to speak?
Senator Jardine, you have the floor.
Sen. James S. Jardine: Thank you, Madam Pres ident.
Madam President, as someone who has been
a member of a board responsible for the implement ation of AML/ATF laws and regulations for some years
and having worked closely with NAMLC, certainly I
extend my thanks to them for all their extreme hard
work under changing conditions which have resulted in many additional changes and amendments to our
various AML/ATF Acts.
Certainly, I support this legislation. I think it is
important that Bermuda continue to keep abreast of changes, to continue to refine its AML policies and
procedures and laws and regulations so that we can show ourselves to be, should we say, leaders in this
particular area on a global basis. I, too, hope that our
assessment is a good one. And I lo ok forward to hearing the results of the second round of that.
So, Madam President, just to say that I certainly support this legislation.
Thank you very much.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill? No?
Then, Senator Kathy Lynn Simmons, it is over
to you.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Thank you, Senators, for your support of this
Bill, and of the continuing efforts of the team to ensure
that we are able to shine in t his area. Senators can
expect that we will, in fact, see further legislative initi ative as we refine and review the legislation, and as the
goalpost sometimes moves, we are, as always, r esponsive.
So, with that Madam President, I move that
the Bill be now read a second time.
The President: Is there any objection to the second
reading?
No objection.
Carry on.
SUSPENSION OF STANDING ORDER 26
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that Standing Order 26 be suspended
in respect of the Bill.
The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]
BILL
THIRD READING
PROCEEDS OF CRIME AMENDMENT ACT 2019
Sen. the Hon. Kathy Lynn Simmons: I move that the
Bill be read a third time, Madam President.
The President: Is there any objection to the third
reading?
No objection.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Bill entitled the
Proceeds of Crime Amendment Act 2019 do now pass.
The President: Is there any objection to that motion?
No objections.
The Bill is passed.
[Motion carried: The Proceeds of Crime Amendment Act 2019 was read a third time and passed.]
The President: Thank you, Senator Kathy Lynn Si mmons. And I believe you have the next Bill which is a
consideration of the draft Order entitled Good Governance.
Sen. the Hon. Kathy Lynn Simmons: Senator
Campbell.
The President: Sorry, Senator Campbell, it is your
Bill. You have the floor.
ORDER
GOOD GOVERNANCE (PROTECTED
DISCLOSURES) ORDER 2019
Bermuda Senate Sen. Vance Campbell: Thank you, Madam President.
Madam President, the [ Good Governance
(Protected Disclosures) Order [2019 ] before t he Senate relates to protected disclosures. Madam Pres ident, this is commonly known as whistle- blower pr otection.
The President: Mm-hmm.
Sen. Vance Campbell: Madam President, with your
indulgence, I would like to move to the Good Gover nance Act 2012.
The President: You certainly may.
Sen. Vance Campbell: Section 3. The title of this
section is “Offence of terminating contract with, or
withholding payment from, a whistle- blower.”
[Section] 3(1) indicates that “A person commits an offence—(a) if he termi nates a contract with
another person because that person or any of his officers or employees has made a protected disclosure; or (b) if he withholds any payment due under a contract to another person because that person or any of
his officers or employees has made a protected di sclosure.”
Section 3(2), Madam President, states, “For
the purposes of this section, a person makes a pr otected disclosure if, in in good faith, he notifies whic hever of the listed persons appears to him to be the most appropriate person to notify in the circumstances, that he has reasonable grounds to believe —
(a) that another person has committed, is committing,
or is about to commit, a criminal offence or breach of
any statutory obligation related to that person’s bus iness; or (b) that information tending to show any matter falling within paragraph (a) has been, is being, or is likely to be, altered, erased, destroyed or concealed by any person.”
And [section] 3(3) goes through a list of these
listed persons. I will highlight some of them, Madam
President, with your permission.
The President: Yes, you may. Yes, you certainly can.
Sen. Vance Campbell: The person’s employer, manager or supervisor; a police officer; the Collector of
Customs; the Chief Fire Officer; the Chief Medical Officer; the Chief Environmental Health Officer; a Safety
and Health Officer appointed for the purposes of the
administration of the Occupational Safety and Health Act 1982; the Auditor General; the Ombudsman; the
Accountant General. And it goes up to [section
3(3)](p) in the list, right down to the Bermuda Health
Council, established under section 3 of the Bermuda
Health Council Act [2004].
There is a long list of persons in this list, Madam President. So, the purpose, Madam President of this O rder is t o amend section [3(3)](f) which states “the
Chief Environmental Health Officer of the Department
of Environmental Health” and we are looking to correct, first of all, Madam President, the name of the department which should be the Department of
Health. Sec ondly, we are looking to include the director of the department as a person to whom a protec ted disclosure can be made.
Madam President, the Order also adds the
manager of Labour Relations or an inspector desi gnated under section 34 of the Employment Act 2000 as a person to whom a protected disclosure can be
made. And by including the manager of Labour Rel ations or an inspector designated under the Emplo yment Act, persons making protected disclosures,
Madam President, may do so without fear of persec ution b y their employer whilst providing the Labour R elations section with information to effectively invest igate all complaints pursuant to the Employment Act
2000, and will likely result in the speedy resolution of employment -related issues.
With that, Madam P resident, I conclude my
presentation. And thank you, Madam President.
The President: Senator Campbell —
[Inaudible interjection]
Sen. Vance Campbell: I am doing Good Governance
Act.
The President: You had read the employment —
Sen. Vance Campbell: That is under the Good Go vernance Act.
The President: Oh, it is under the Good Gover nance? Okay. Subsection (3). Thank you, Senator Campbell.
Would any Senator care to speak on this Bill?
No?
Then, Senator Campbell, you will move the
Bill?
Sen. Vance Campbel l: Madam President, I move that
the said draft Order be approved and that the follo wing message be sent to his excellency, the Governor.
The President: Is there any objection to that motion?
The Clerk: He has got to read it.
The President: Then read the motion.
Sen. Vance Campbell: “May it please your Excellency:
“The Senate, having had under consideration
the draft Order entitled the Good Governance (Pr o172 14 March 2019 Official Hansard Report
Bermuda Senate tected Disclosures) Order 2019, proposed to be made
by the Premier under the provision section 3(7) of the
Good Governance Act 2012, has the honour to inform
your Excellency that the Senate has approved the
said draft Order.”
The President: Is there any objection to the message
being sent?
No? Then the message will be sent.
Thank you, Senator Campbel l.
[Motion carried: The Good Governance ( Protected
Disclosures ) Order 2019 was approved.]
Sen. Vance Campbell: Madam President, I did fail to
move that Standing Order 71(2) be suspended, so
that the Senate may now proceed with consideration
of the Good G overnance Protected Disclosure Order
2019, so I do apologise for that omission.
The President: Thank you, Senator Campbell. I am
glad you picked that up. Yes, and thank all Senators
for supporting this Bill.
We now move on to item 4 on the Orders of
the Day and that is a consideration of the draft Order
entitled: The Employment (Protected Disclosures) O rder of 2019. Senator Hayward, you have the floor.
SUSPENSION OF STANDING ORDER 71(2)
Sen. Jason Hayward: Madam President, I move that
Standing Order 71( 2) be suspended so that the Senate may now proceed with consideration of the E mployment (Protection Disclosure) Order 2019.
The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 71(2) suspended.]
The Presid ent: Carry on, Senator Hayward.
ORDER
EMPLOYMENT (PROTECTION DISCLOSURE)
ORDER 2019
Sen. Jason Hayward: Madam President, I must say
that the changes that are to be made mirror the
changes that were just articulated by Senator [Cam pbell] regarding the Good Governance Act. But this
[Employment (Protection Disclosure)] Order [2019] is
in relation to the Employment Act 2000.
Under the Employment Act 2000, a per son
who makes a protected disclosure in good faith and on the premise that they have reasonable grounds to
believe that his employer, other employee or himself has been directed to commit a criminal offence or
breach of a statutory obligation may do so to the listed persons in the Act, namely, “the person’s employer,
manager or supervisor, a police officer; the Collector
of Customs; the Chief Fire Officer, as defined in section 2 of the Bermuda Fire and Rescue Service Act
1982; the Chief Medical Officer, as defined in section
2 of the Public Health Act 1949; the Chief Environmental Health Officer of the Department of Environmental Health; a Safety and Health Officer appointed
for the purposes of the administration of the Occupational Safety and Health Act 1982; the Auditor General, appointed under section 88 of the Constitution; the Ombudsman, appointed under section 93A of the
Constitution.”
Madam President, the Order adds the Manager of Labour Relations or an inspector designated under section 34 of the Act as a person to whom a
protected disclosure can be made. By including the
Manager of Labour Relations or an inspector desi gnated under the Act, persons making protected di sclosures may do so without fear of persecution by their employer while providing the Labour Relations
section with information to effectively investigate all
complaints pursuant to the Employment Act 2000 and
will likely result in a speedy resolution of the emplo yment -related disputes.
Thank you, Madam President.
The President: Thank you, Senator Hayward.
Would any Senator care to speak on this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: Just a correction for the
minutes. It was Senator Campbell, not myself, that
articulated the first draft Order.
The President: Thank you.
Would any other Senator care to speak on
this Bill, Employment (Protective Disclosures) Order? No?
Then, Senator Hayward, do you want to move
Bill?
Sen. Jason Hayward: Madam President, I move that
the said draft Order be approved and that the follo wing message be sent to his Excellency, the Governor.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Hayward.
Sen. Jason Hayward: Madam President.
“May it please your Excellency:
“The Senate, having under considerati on the
draft Order entitled the Employment (Protection Di sclosure) Order 2019, proposed to be made by the
Minister responsible for Labour Relations under the
provision of section 29A(5) of the Employment Act 2000, has the honour to inform your Excellency t hat
the Senate has approved the said draft Order.”
Bermuda Senate The President: Is there any objection to that motion?
No objection. A suitable message will be sent.
Thank you, Senator Hayward.
[Motion carried: The Employment (Protection Discl osure) Order 2019 was appr oved.]
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak?
Yes?
Senator Kathy Lynn Simmons, you have the
floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I would like to acknowledge International
Women’s Day which recently took place and the groups and organisations that have put on events to
celebrate women, the accomplishments of women
and the aspirations for women as we move forward.
I would also like to acknowledge and thank
the women in the department of Child and Family
Services. And I always pause when I visit them, because it is astounding to think that in 2019, that we
have a majority of women, and that we have two staff
members who are male, it just boggles the mind. And
I would like to acknowledge their hard work with the children. Most of them have children, and they leave
their families every day to come and service our most
vulnerable population. And they are to be acknow ledged and commended for their fortitude, and the
grace and compassion that they bring to their jobs.
I would also like to acknowledge the women
parliamentarians, and I would love to see —and will
see in the very near future—more of us to bring the
balance that is necessary to parl iamentary proceedings. And I am tongue- in-cheek somewhat, but not
really, and I encourage women, generally, to spend
the time necessary to contemplate where we are and
where we need to go as a demographic that can add
so much value to our country as we mov e forward.
Thank you, Madam President.
The President: I would certainly like to support those
comments, and to say that there was an absolutely
wonderful . . . I don’t know if you, those of you who
were able to observe, but at the City Hall there was an
absolutely wonderful programme that was put on. And
I think there were many women who came out, and certainly women who were playing a feature role in
Bermuda all spoke. And it was just an excellent pr o-gramme. So, I just iterate and support Madam Attorney General on the comments that she has made.
Would any other Senator care to speak on the
motion?
Senator Simmons, Michelle Simmons, you
have the floor.
Sen. Michelle Simmons: Good morning, Madam
President.
I am following the Attorney General, and I am
very happy to do so, because I would like to focus on
our girls right now. I had the pleasure of attending the
annual Thinking Day Service, hosted, of course, by
Girlguiding Bermuda. I had not been to one of those
services for quite some time, and I was just absolutely
astounded by the enthusiasm of the Rainbows, the
Brownies, the Guides and the Rangers, who all seemed so happy to be there and not only attending
the Thinking Day Service, but also actively participating.
I believe the community is aware now that
Girlguiding Bermuda is celebrating its centenary, one
hundred years of service to this community. This
year—yes—and their focus is on leadership. So, this
ties in quite nicely with what the Attorney General has
just said.
I would like to share with the community that
Girlguiding Bermuda is still very welcoming of young girls, middle girls and also our older girls. The Rai nbows are age 5 to 7, the Brownies 7 to 10, Guides 10
to 14, and Rangers 14 to 25. Yes, I am doing a little
ad for Girlguiding Bermuda. If you have girls who have
any interest, please get in touch. The Island Commi ssioner is Mrs. Karen Trott. She is doing a fantastic job,
and she is well supported by her leaders.
However, of course, they always need more
help, and I am going to share that on the back of the
programme from the church service, they had a little
ad. How can you have an impact on Girlguiding Bermuda? Make a change. Make a difference. Be an i nfluence. Volunteer today. So, they are looking for
more leaders who will be in leaders hip positions with
our young girls and they do have a website. It is
www.girlguiding.bm
and there is a phone number 292 -
0675. If anyone in the community is interested in hel ping Girlguiding Bermuda, here is your opportunity. And
remember, please get your girls involved. It is a very
healthy, wholesome activity and I am very proud to
say I am a former Brownie and Girlguide. Did not get
to the Rangers. I had other things on at that time.
Thank you, Madam President.
The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on the
motion to adjourn [sic] ? Senator Kempe, you have the
floor.
174 14 March 2019 Official Hansard Report
Bermuda Senate Sen. Nicholas Kempe: Congrats and obits. Thank
you, Madam President.
The President: Sorry! Where am I? Oh. On the m otion. Sorry . . . Congratulatory. I am trying to hasten
things along, and I should not be doing that.
You have the floor.
Sen. Nicholas Kempe: So, I guess slightly off topic
but following on International Women’s Day and in the
spirit o f the tongue- in-cheek: International Pi Day on
3/14/[2019].
I would like to just congratulate all the youth
that get involved in extracurricular activities that ex-pand upon and help foster a sense of numeracy. We see in the paper things from the stock mar ket challenges to small business camps, and I know that YEI
(Youth Entrepreneurship Initiative) is getting into the
schools which is a great thing, to card counting, and
this kind of thing. So, I would just like to congratulate
those youth that use their free time to help develop their numeracy skills. It is certainly useful in life.
The President: Thank you, senator Kempe.
Would any other Senator care to speak on
congratulatory and/or obituary speeches?
Senator Caesar, you have the floor.
Sen. Crystal C aesar: Thank you, Madam President.
On a slightly sadder note, I would like to express my
condolences, and I am sure the entire Senate would
like to as well, to the former Member of Parliament
and former party leader of the PLP. His father passed recently, Mr. Allen Leroy Bean. I would like to express
my heartfelt condolences to his brothers, sisters and
numerous other relatives who are remaining and I
would like, if it pleases Madam President to associate
the Senate.
Thank you.
The President: Thank you, S enator Caesar.
Would any other Senator care to speak? Se nator Hayward, you have the floor.
Sen. Jason Hayward: Madam President, I would like
to congratulate Lamont Marshall who is now the Bermuda 15K record holder. He recently broke Mike Watson’s 33- year-old national record. Lamont now holds
Bermuda’s 5K record, the 10K record and the 15K
record. He is also the reigning Bermuda Day champ.
He is doing excellent things, and I believe he is just
getting stronger as a runner.
So, I would like to send congratu lations to
Lamont Marshall.
The President: Thank you, Senator Hayward.
Would any other Senator care to speak? No?
Then [we will] move on to the adjournment. Senator Kathy Lynn Simmons, Attorney Ge neral.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Senate do now adjourn to . . . I
am proposing we adjourn to Monday, March 18 as a
departure. But for the purposes of this proceedings,
we can discuss it once we finish, yes?
The President: There is a motion on the floor, Senators, that the Senate adjourn and meet on Monday the
18th to do the general debate.
[Crosstalk]
Sen. the Hon. Kathy Lynn Simmons: We can do it
all together.
The President: It has been suggested by the Attorney
General that we do it all toget her. Is there any . . . as
opposed to the 20th?
Sen. the Hon. Kathy Lynn Simmons: Mm-hmm.
Sen. Crystal Caesar: Madam President, I hereby
present for the information of the Senate a report ent i162 14 March 2019 Official Hansard Report
Bermuda Senate tled t he Bermuda Tourism Authority 2017 Year in R eview.
The President: Thank you.
Sen. Crystal Caesar: I also have the next one, Madam President.
The President: Yes. Please carry on, Senator Ca esar.
Sen. Crystal Caesar: Thank you, Madam President.
BERMUDA AIRPORT AUTHORITY
ANNUAL REPORT FOR 2017/2018
Sen. Crystal Caesar: Thank you, Madam President.
Madam President, I hereby present for the i nformation of the Senate the
Annual Report of the
Bermuda Airport Authority for the year ended 31
March 2018.
The President: Thank you, Senator Caesar. We have
the Annual R eport of the Bermuda Airport Authority
2017/18.
Sen. Crystal Caesar: I just did that.
The President: I beg your pardon. The next one is
the 2018 Financial Statements of the Bermuda Hous-ing Trust. Senator Campbell.
BERMUDA HOUSING TRUST
FINANCIAL STATEME NTS 2018
Sen. Vance Campbell: Madam President, I hereby
present for the information of the Senate the
Financial
Statements of the Bermuda Housing Trust as at 31
March 2018.
The President: Thank you, Senator Campbell.
The next one is the Nursing Amendment
Rules 2018.
Senator Hayward.
NURSING AMENDMENT RULES 2018
Sen. Jason Hayward: Madam President, I hereby
present for the information of the Senate the draft
rules entitled the Nursing Amendment Rules 2018, as
made by the Minister of Health under the provision of
section 9 of the Nursing and Midwifery Act 1997.
The President: Thank you.
And the Bermuda Educators Council (Exem ption) (2018 to 2019 School Year) Amendment Order
2019. BERMUDA EDUCATO RS COUNCIL (EXEMPTION)
(2018 TO 2019 SCHOOL YEAR)
AMENDMENT ORDER 2019
Sen. Jason Hayward: Madam President, I hereby
present for the information of the Senate the draft order entitled, the Bermuda Educators Council (Exem ption) (2018 to 2019 School Year) A mendment Order
2019, as made by the Minister responsible for Educ ation acting on the advice of the Exemption Committee
and under the provision of section 5 and 20(3) of the Bermuda Educators Council Act 2002.
The President: Thank you, Senator Hayward.
BERMUDA DRUG INFORMATION NETWORK
ANNUAL REPORT 2018
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I hereby present for the information of the Senate the
2018 Annual Report of the Bermuda Drug I nformation Network .
The President: Thank you, Senator Simmons, Attorney General.
We move now to Notices of Motion.
NOTICES OF MOTION
GOOD GOVERNANCE (PROTECTED
DISCLOSURES) ORDER 2019
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I hereby present for the consideration of the
Senate the draft order entitled, the Good Governance
(Protected Disclosures) Order 2019, proposed to be
made by the Premier under the provisions of section
3(7) of the Good Governance Act 2012. And I give
notice that at a later point in the meeting I will move
that the said draft order be approved.
The President: Thank you, Senator Simmons, Attorney General.
EMPLOYMENT (PROTECTED DISCLOSURES)
ORDER 2019
Sen. Jason Hayward: Madam President, I hereby
present for the considerati on of the Senate the draft
order entitled the Employment (Protected Disclosures)
Order 2019, proposed to be made by the Minister r esponsible for Labour Relations under the provisions of
section 29A(5) of the Employment Act 2000. And I
give notice that at a later point in the meeting I will
move that the said draft order be approved.
The President: Thank you, Senator Hayward.
Bermuda Senate PETITIONS
The President: There are none.
STATEMENTS
The President: We have two Statements . . . oh,
there is just one. I beg yo ur pardon.
Senator Simmons, Attorney General, you
have the floor.
BERMUDA DRUG INFORMATION NETWORK
(BERDIN) ANNUAL REPORT 2018
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
The 2018 Annual Report of the Bermuda Drug
Information Network (BerDIN) is the seventh major
report of the network. The report documents and hig hlights a time series of drug- related data comparing
information for the y ears 2016 and 2017. It provides a
comprehensive tabular representation of the drug si tuation in Bermuda on the following themes:
• Criminal and Suspicious Activity ;
• Imports , Exports and Licen cing;
• Training for Intervention Procedures (and we
call that TIPS) ;
• Substance Abuse Treatment and Counselling ;
• Drug Screening Surveillance;
• Impaired Driving;
• Health;
• Drug Prevention Programmes ;
• Certified Professionals ;
• Survey Data; and
• Finance Drug Control .
Madam President, historically, drug use is a
difficult and com plex phenomenon to monitor. This
report serves the purpose of providing a comprehensive overview of the current drug situation in Bermuda
using multiple sources and indicators, with the intent
of providing insight into the different aspects of the
drug problem. By and large, the BerDIN Annual R eport monitors and accounts for local drug- related i nformation from approximately 18 agencies and departments that deal with drug- related data including
treatment, prevention, interdiction and enforcement
agencies.
Madam President, the BerDIN, which is made
up of all institutions that collect drug- related information, has a major role in the drug demand and supply reduction efforts in Bermuda. In particular, the
members of the BerDIN are:
1) Bermuda Hospitals Board (and under that umbrella comes)
i. King Edward VII Memorial Hospital
ii. Turning Point Substance Abuse Programme
2) Bermuda Police Service
3) Bermuda Sport Anti -Doping Authority 4) Counselling and Life Skills Services
5) CADA
6) Department of Corrections (and under that banner
we hav e)
i. Westgate Correctional Facility
ii. Right Living House
7) Department of Court Services (and under that
banner we have)
i. Bermuda Assessment and Referral Centre
ii. Drug Treatment Court
8) Department of Health (which has)
i. Central Government Laboratory
ii. Epidemiology and Surveillance
9) Department for National Drug Control
i. Men’s Treatment
ii. Research and Policy Unit
iii. Women’s Treatment Centre
10) Financial Intelligence Agency
11) HM Customs
12) Liquor Licence Authority
13) Supreme Court
Madam President, BerDIN is the central
source of comprehensive information on drug consumption and drug abuse in Bermuda because of its
multidisciplinary approach. In this regard, the Depar tment for National Drug Control (DNDC) collects, analyses, and disseminates reliable, valid, and compar able information using wel l-established methodologies.
By extension, this report provides audiences with an evidence- based picture of the drug phenomenon at
the national level. A report such as this may be used
as a catalyst for raising awareness of the drug situation, its associat ed problems , and should guide the
development of education, prevention, treatment, and
rehabilitation programmes, while improving existing
systems.
Madam President, since the last report of the
BerDIN in 2017, cannabis and alcohol remain the
most widely us ed drugs on the Island. The good news
is that crime continues to decline, notably there has been a decrease over the past year in alcohol and
drug- related crimes. Poly drug use remains ever pr esent, especially amongst persons involved in the cri minal justice system, who reported using some combination of crack cocaine, opiates, and marijuana.
Madam President, assessments done by the
Bermuda Assessment and Referral Centre [ BARC ]
continue to show that opiates, alcohol, heroin, c ocaine, and cannabis remained t he primary substances
of choice amongst the 530 persons who sought treat-ment services for the past two years. There was also
a significant increase in the number of persons who sought treatment for cannabis , 16.3 per cent increase,
and alcohol in 2017. Fur ther, many of these persons
have met the clinical criteria for dependence or abuse problems related to their use of such substances.
When it came to clinical diagnosis, 56 of all clients in
2016 and 67 in 2017 were classified as having “sub-stantial” to “severe” substance abuse dependence.
164 14 March 2019 Official Hansard Report
Bermuda Senate The majority of persons referred for substance abuse
treatment in 2017 were male repeat cases identified
themselves as “ black, ” and were be tween the age of
31 and 45 years.
Madam President, the drug market is still very
much active in Bermuda as persons who sought drug
treatment, or have been offenders of the law, have reported that their primary drug of choice remains
available and accessible. For two consecutive years,
there has been a decrease in criminal trials for offen ces such as cannabis possession and cocaine possession with intent to supply , as well as for increases in
cultivating cannabis. There were less seizures of cash
in 2017 from Financial Crimes, under section 50 of the
Proceeds of Crime Act 1997, cash seizur es and forfeiture being the main categories of seizure with a much
less corresponding dollar value then seen in 2016.
Other categories include civil recovery orders and
confiscations.
Madam President, although there were fewer
seizures of synthetic drugs i n 2017, the Bermuda P olice Service continued to interdict synthetics in addi-tion to seizing a large amount of cannabis edibles and
plants during 2017. There were two seizures of sy nthetic cathinone derivatives, which is a chemical sti mulant found in produc ts marketed as bath salts.
For the first time during 2017, the government
lab reports that 778.8 grams of cannabis edibles were
seized. Law enforcement and the criminal justice sy stem are still, in many ways, not in a position to deal
effectively with controlling the drug market, with factors, such as, outdated legislation and the lack of adequate resources to keep up with the ever -changing
forms and types of substances and the ability to enforce current laws, continuing to make supply reduction more chall enging.
Madam President, with regard to demand r eduction activities, in 2017 there were 101 new clients that were evaluated for substance abuse, 82 of which
entered one of 6 treatment programs on Island. Funding continues to affect the number of clients enrolled
in treatment services and, by extension, a number of
persons seeking care were unable to get into trea tment, while others waited for longer periods than us ual.
Demand and supply reduction agencies r emained at level funding throughout 2017, whilst f unding for transitional housing for FOCUS was restored.
The balance between demand and supply reduction
cannot occur unless interdiction agencies have suff icient funds to execute operations, secure necessary equipment, and have available the training and t echnical assistance for their officers.
Madam President, the year 2017 saw the co ntinued existence of a treatment gap for persons seek-ing a substance abuse assessment. While a person
may go through assess ment he or she may not follow
through with the recom mended level of care, leaving a
“treatment gap” between the persons needing and receiving treatment. An understanding and knowledge
of substance users and abusers who are not in care is
limited. More information is required on how to assess
this specific p opulation to determine its needs.
Madam President, the D epartment for National Drug Control hosted a meeting on October 18
th,
2018, to share the compiled data with all of the BerDIN Members and other relevant stakeholders.
Madam President, these are only a few of the
highlights from the 2018 BerDIN Annual Report. I e ncourage you to review this report at your convenience
for a more in- depth account. This annual publication is
a principal source of information for a wide range of
audiences including policymak ers and their advisors,
professionals and researchers working in drug- related
fields, and, more broadly, the media and general public. This is an annual initiative, which presents a yearly
overview and update of the drug phenomenon in
Bermuda. This report can be considered an essential
reference publication for those seeking the latest find-ings on drugs in Bermuda.
Madam President, as global experience has
shown, neither supply reduction nor demand reduction on its own is able to solve the drug problem. For this
reason, a more balanced approach in dealing with the
pervasive drug problem is a necessity. This includes
more serious prevention and treatment efforts, not
only in terms of policy, but also in terms of funds dedi-cated to these purposes to ensure pro gramming
meets the needs of the community.
Madam President, drugs continue to jeopar dize the health and welfare of people throughout the
world, and Bermuda is no exception. Now , more than
before, drug misuse and abuse represent a clear
threat to the stabil ity and security of Bermuda and to
its economic and social development. Drugs have b ecome a deeply ingrained part of our daily lives and prevention cannot occur unless there is change in our
social attitudes toward alcohol and drug misuse.
This Government is committed to a healthier
and safer Bermuda with an interconnected rebalancing of drug control efforts. With the renewal of the national drug policy, the National Drug Control
Master Plan 2019 –2023, government will be in a better position to impact the local drug situation.
Thank you, Madam President.
The President: We thank you, Senator Kathy Lynn
Simmons, Attorney General and Government Leader
in the Senate. Moving on to the next item.
INTRODUCTION OF BILLS
The President: There are none.
FIRST RE ADING OF PUBLIC BILLS
The President: The following Public Bills have been
received from the Honourable House of Assembly and
B ermuda Senate are now read for the first time. The titles are, respectively:
•Mental Health Amendment Act 2019;
•Proceeds of Crime Amendment Act 2 019;
•Foreign Currency Purchase Tax Amen dment Act 2019 ( Gove rnor’s Recommend ation Signified);
•Financial Services Tax Amendment Act
2019 ( Gove rnor’s Recommendation Signified);
•Hotels (Temporary Customs Duty Relie f)
Amendment Act 2019 ( Gove rnor’s Re commendati on Signified);
•Restaurants (Temporary Customs Duty R elief) Amendment Act 2019 (Gove rnor’s
Recommendation Signified);
•Municipalities Reform Act 2019.
FIRST READING OF PRIVATE BILLS
The President: There are none.
QUESTION PERIOD
The President: Now we wil l entertain questions on
the Ministerial Statement that was read by Sen ator
Kathy Lynn Simmons. Would any Senator care to ask
any questions on that?
No? It was a comprehensive report and
Statement, and we do have the BerDIN r eport that we
can refer to.
That brings us to the Orders of the Day.
ORDERS OF THE DAY
The President: There are items to be taken up for
consideration by the Senate today. Item 1 is the Sec-ond Reading of the Mental Health Amendment Act 2019.
Senator Kathy Lynn Simmons.
STANDING OR DER 25
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I move that the provisions of Standing Order 25 be granted so that Senate may now proceed with the Second Reading of the Public Bill entitled Mental
Health Amendment Act 2019 and the Proceeds of
Crime Amendment Act 2019.
The President: Is there any objection to that motion?
No objection. [
Motion carried: Standing Order 25 grants leave for
Bills to be read a second time on the same day as their first reading in the Senate.]
The President: Senat or Hayward, you have the floor.
BILL
SECOND READING
MENTAL HEALTH AMENDMENT ACT 2019
Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Mental Health Amendment (No. 2)
Act 2018 [sic] now be read a second time.
The Clerk: [It should be] the 2019 amendment.
The President: Did you say 2019?
Sen. Jason Hayward: Correct, that the Mental Health
Amendment Act 2019 now be read a second time.
The President: There is no objection, so you can carry on.
Sen. Jason Hayward: Madam President, a primary
purpose of the Mental Health Act is to set requir ements for the assessment, detention, treatment and
rights of people suffering from mental disorder who
are at risk of harm to themselves or others. Interna-tional estimates, such as from the World Health O rganization, indicate that one in four people will exper ience mental health issues in their lifetime. However, only 2 [per cent] to 3 per cent of this group will have an illness that is severe, persistent, and that will r equire ongoing treatment at times in hospital involuntar-ily.
Madam President, since the introduction of
the Mental Health Act in 1968 advancements in care models and treatment methods has prioritised the significance of social care, patient’s rights, and safeguards. However, our legislation has not kept pace with these advancements. This Bill is a first step to bring Bermuda’s legislation in line with contemporary methods of care while balancing the need to protect the rights of the individual patients and to ensure public safety.
I first want to acknowledge and thank the pr evious administration for initiating this important work. I
am proud to continue this initiative and I am commi tted to the bipartisan collaboration that makes it poss ible for us to achieve meaningful change such as this
amendment Bill.
This amendment Bill focuses on key pressing
priorities. I have actively pushed to ensure its pr ogress under my leadership as part of my com mitment
to protecting persons in care and, more specifically, to ensure we are improving the structures in place to
166 14 March 2019 Official Hansard Report
Bermuda Senate support persons with mental health needs in our
community.
Madam President, this Bill focuses on three
primary areas to improve treatment options and p atient safeguards: establishing community treatment
orders; establishing legislative requirements for consent to treatment; and establishing a framework within
which mental capacity can be determined.
First, Madam President, the Bill provides a
legislative structure to support supervised community
treatment in the form of C ommunity Treatment Orders
[CTOs].
Community Treatment Orders enable mental
health professionals to continue to treat patients granted leave from the hospital for extended periods of time with provisions for certain conditions to be set
for patients, such as, attending appointments and the
continuation of their medication.
Currently, the Act grants leave that expires after 12 months and it cannot be renewed. A small number of chr onic patients that know the system stop
taking their medication immediately after the 12- month
period lapses only to have their health deteriorate, leading to required detention again, resulting in the
so-called “the revolving door syndrome.”
Madam President, the introduction of CTOs
will allow these patients to receive appropriate treatment on an ongoing basis at home or in other co mmunity settings, which currently is only available through readmission to hospital. Not only is treatment
in the community more cost -effective, but it is the best
place for true recovery from mental illness.
As with detention under the Act, safeguards
must also complement this new authority and the Bill
includes mandatory reviews and an appeal mechanism. This treatment option wi ll also rely on BHB’s
community teams already in place to support people
on CTOs. BHB will monitor these resources to make
sure that they are sufficient to meet any growing demand.
Overall, this part of the amendment is a continuation of our commitment to and promotion of com -
munity -based care and it is a first step to the larger
efforts of reforming our mental health system.
Madam President, secondly, the Bill provides
a requirement and framework for consent to treatment in specific cases. The Mental Healt h Act currently
does not require patient consent for treatment authorised under it. In practice, clinicians aim to obtain consent, however, there are no legal safeguards in place
for patients who cannot consent or refuse to consent
to treatment.
As a resul t, this Bill introduces requirements
for second opinions and consultations based on the
severity of the treatment proposed. These provisions
apply to persons detained in hospital or who are under a Community Treatment Order.
A key role introduced for consent to treatment
is the second [opinion] approved doctor (SOAD). These doctors will provide a clinical opinion on the
patient’s ability to consent and, if the patient is unable
to consent or refuses, the SOAD must assess if the
treatment is appropriate. The second opinion doctor
will be independent of the Bermuda Hospitals Board in
order to ensure a fair process for the patient.
Finally, Madam President, the Bill establishes
a framework within which mental capacity can be determined. This is an essential [component ] to consent
to treatment as capacity is required to be able to con-sent. The capacity framework will be outlined in a newly established Code of Practice and will be based
on the United Kingdom’s Mental Capacity Act and associated standards of practi ce, as consulted on last
year.
The framework will define a person lacking
capacity, wi ll establish criteria for deter mining such,
and will put safeguards in place to ensure that dec isions are made in the best interests of the patient.
This Code of Practice will extend beyond the determ ination of capacity and is a key mechanism to ensure
clarity on implementation of the legislation for pract itioners with respect to new legislative requirements,
as well as existing ones.
Before closing, Madam President , I wou ld like
to acknowledge and thank the many people who contributed to making this amendment possible. After
multiple attempts for over more than a decade to
amend this Act, it was a dedicated group of professionals who were able to finally make it happen. We
are all indebted to the Mental Health Act Steering
Committee and the Working Group, to the leadership
at the Mid- Atlantic Wellness Institute and, in particular,
to Dr. Sebastian Henagulph who has provided exten-sive medical and technical advice to get us t o this e xcellent position. I am absolutely certain that we would
not be here without his expert guidance.
In closing, Madam President, this Bill seeks to
address some of the major gaps in the Mental Health Act. It regularises som e current practices while esta blishing new options, processes, and criteria that will
require staff education and development to ensure
successful results.
This Ministry is committed to implementing
these changes to improve practice and protect and promote the rights of persons with mental health
needs. However, we know that this is only a first step.
Our mental health system needs major work to ensure we can find sustainable solutions to provide care and
support needed for a healthier Bermuda.
The Ministry of Health and Government are
committed to the successful implementation of the Bill and the ongoing work which is required to improve our
system.
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.
Bermuda Senate Sen. Dwayne Robinson: Thank you, Madam Pres ident. Good morning, colleagues.
First thing, I and we on this side really agree
with this Bill. We feel like it is a necessary step in
modernising the structure in which we support the comm unity of mental health, Madam President. My
only question and hope is that in the future we do put
in initiatives to support folks with mental health within
the workforce and within the working environment. But
other than that, I think that this is a legis lation that is
needed, and it is something that will benefit the community as we have not put as much emphasis on
mental health as we should have.
So, all in all, I think it is a very concise Bill and
a step in the right direction.
Thank you, Madam Presi dent.
The President: Thank you, Senator Robinson.
Would any other Senator care to speak? Se nator Jardine, you have the floor.
Sen. James S. Jardine: Thank you and good mor ning, Madam President.
The President: Good morning.
Sen. James S. Jardine: Madam President, I certainly
support this Bill. There are a very complex number of
changes that have been made and additions that have
been added, and we have heard from Senator Ha yward the supervisory medical treatment orders and
the details contained therein. There were two specific
things in this amendment which I wanted to draw to the attention of listeners today, and the first is the
amendments to section 65 of the principal Act.
And if I . . . Madam President, could just read
out the small amendment which I think is very important —
The President: Yes, you may.
Sen. James S. Jardine: —and it says: “ Where a pe rson (“D”) has, pursuant to this Act, care or custody
(whether by virtue of any legal or moral obligation or
otherwise) of —(a) a mentally disordered person; or
(b) a person who lacks, or who D reasonably believes
lacks, mental capacity, it shall be an offence for [that
person] to ill -treat or wilfully neglect that person.” And
I think that is a very important addition to this partic ular Act.
And the s econd which was mentioned briefly
by the Senator was the Code of Practice. Madam
President, if I could just read the first three lines of
that particular Code, and I think this is important
again.
The President : Yes, you may.
Sen. James S. Jardine: “The Minister shall prepare
and issue a Code of Practice providing for —”
(amongst other things) “(a) the guidance of registered
medical practitioners and other health professionals
responsible for the care and treatment of patients suf-fering from mental disorder.”
So, I think this Code of Practice again is particularly important because it will set out certain guid elines by which the Government will assess the appr opriate treatment of individuals with mental illness. So, Madam President, I think those two parti cular clauses
are important, and I certainly support this amendment.
Thank you very much, Madam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: Thank you, Madam Pres ident.
Senator Hayward, I was hoping just for a bit of
clarity on one of the clauses, 48J on page 11. It lays
out who is allowed to physically detain and return
someone to custody under the CTO, and categories
(a) and (b) are clearly people with medical training,
(d) could be, but (c) is a police officer. I am just wanting to know if there is any special training above and beyond your standard police training that they would
require to be involved in the detainment of people with
certain mental conditions?
The President: Thank you, Senator.
Would any other Senator care to speak on the
Bill? No? Oh, sorry. I thought you were reaching for
the microphone.
Senators, I would just like to make a comment
myself. I have worked in the ment al health field, both
as a nurse and a psychiatric nurse, as well as a mental welfare officer. And I have been the administrator and the nursing administrator of MWI when it was St.
Brendan’s Hospital. And I have had the experience of
working in the community, and I also have mental il lness in my family.
So, I can tell you that I speak from experience
in terms of dealing with individuals who suffer from
mental illness. And once their treatment order declined, it ran out, they did not take the medication, and
then we had to wait until they again began to show
symptoms.
And I myself, as a mental welfare officer, have
had to use the police, even though as a mental we lfare officer I had the opportunity of taking an ind ividual
into the hospital to be treated. Sometimes, if they
were so disturbed, you could not do it on your own,
and just for the safeguarding of the individual, as well
as yourself, you had to obtain the assistance of the police.
168 14 March 2019 Official Hansard Report
Bermuda Senate So, I welcome greatly this piece of legislation,
because I think that it would have made a big difference at the time when I was practicing. And it brings
Bermuda in line, actually, with the Mental Health Act
in the UK and elsewhere. So, I am verily pleased, Senator Hayward, to see this tabled today and passed
because I thi nk it will help all those individuals who
work with the mentally ill in Bermuda, both at the hospital and in the community. And I think it will help fam ilies too, because now people can be treated in the community. Some of them do not have to be admitted to the hospital if signs and symptoms of their distur bances are recognised early.
So, I am pleased to see this presented today
and I want to thank you and all those individuals who were involved in bringing Bermuda’s legislation up to
the modern times, shal l I say.
So, with that, Senator Hayward, if you could
answer the questions that have been raised.
Sen. Jason Hayward: Madam President, I would like
to thank the Senators for their support. I do think that
a valid point was made by a fellow Senator regard ing
us needing to have reasonable accommodation for
individuals with mental health in the workforce, and
we are currently progressing to get there. But we need
to improve our education about mental health as a society as a whole.
There are discriminatory practices that do
take place that keep individuals with mental health
locked outside of the workforce. In addition to that,
when individuals with mental health issues are in the
workforce, there is not reasonable accommodation by the employers, and there is a lack of understanding of
what individuals need to cope in day -to-day life.
I believe the question that Senator Kempe
asked can be best answered by saying that the police actually do not play somewhat of a clinical role but
play a supporting role. And t he police, being one of
the only bodies that have detention authority in our society, all play a critical role in ensuring that they
support the mental health professionals that do have
the clinical experience with mental health patients.
With that said, Madam President, I move that
Standing Order 26 be suspended in respect of this Bill.
The President: Yes, do the second reading.
Sen. Jason Hayward: Madam President, I move that
the Bill be now read a second time.
The President: Is there any objection to the second
reading?
No objection. Carry on.
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. Carr y on.
[Motion carried: Standing Order 26 suspended.]
BILL
THIRD READING
MENTAL HEALTH AMENDMENT ACT 2019
Sen. Jason Hayward: Madam President, I move that
the Bill entitled the Mental Health Amendment Act 2019 be now read a third time.
The President: Is there any objection to a third reading?
No objections.
Sen. Jason Hayward: Madam President, I move that
the Bill do now pass.
The President: It has been now moved that the Bill
entitled the Mental Health Amendment [Act 2019],
yes, be passed.
Is ther e any objection to that motion? No objection. So moved.
Thank you, Senator Hayward.
[Motion carried: The Mental Health Amendment Act
2019 was read a third time and passed.]
ANNOUNCEMENT BY THE PRESIDENT
SENATE VISITORS
The President: Before we move ont o the next order
of business, I would just like to acknowledge the presence in the Gallery of the members of the National
Anti-Money Laundering Office, Paula Tyndale, the
National Coordinator, welcome! Also, Charmaine
Smith. And I would also like to acknow ledge the presence of [Anthony] Richardson, Parliamentary Counsel. Welcome to you all.
The next item on the agenda is the second
reading of the Proceeds of Crime [Amendment Act 2019]. And Senator Simmons, Attorney General . . . it
is now the second reading of the Proceeds of Crime
Amendment Act, and Senator Simmons, Attorney
General, you have the floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Bermuda Senate Madam President, I move that the Bill entitled
the Proceeds of Crime Amendment Act 2019 be now
read a second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Simmons.
BILL
SECOND READING
PROCEEDS OF CRIME AMENDMENT ACT 2019
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident, I am pleased to introduce to the Senate the Proceeds of Crime Amendment Act 2019 , the Bill, to address matters pertinent to Bermuda’s compliance with
international standards set by the F inancial Action
Taskforce that we call FATF.
Madam President, the assessment of Berm uda’s anti -money laundering and anti -terrorist financing
regime began early in 2018, and is now at an a dvanced stage. This assessment is being conducted by
a team drawn fr om peer jurisdictions and led by the
Caribbean Financial Action Taskforce which we call
CFATF.
Bermuda now awaits the receipt of the second
draft of the Mutual Evaluation Report from the assessment team to be followed by a comprehensive
written response by Bermuda. As we await the final isation of the assessment and the publication of the
report, the Bermudian authorities continue to proactively work on strengthening the effectiveness of the regime. The amendments contained in this Bill will
support the cont inued enhancement of Bermuda’s
AML/ATF regime, particularly in the area of intern ational financial sanctions.
Madam President, during the assessment period, and, indeed, for some time prior to that, Berm udian authorities have worked collaboratively with G overnment House and the Foreign and Commonwealth
Office to enhance needed compliance with the targeted financial sanctions imposed by the United Nations, the UK and the EU in relation to terrorism, terrorism
financing, and the financing of proliferation of weapons of mass destruction.
In September 2018, these efforts culminated
in a delegation of functions by the Governor to the
Minister of Legal Affairs to support more focused domestic attention to these international obligations.
Consistent with those eff orts, the Government also
took the necessary steps in 2018 to amend the
AML/ATF legislation to require supervisory authorities
to begin to monitor regulated entities to ensure that
they are compliant with these international financial sanctions obligations .
Madam President, the Bill amends the Pr oceeds of Crime (Anti -Money Laundering and Anti -terrorist Financing Supervision and Enforcement) Act
2008, and the Financial Intelligence Agency Act 2007.
Madam President, the amendments to the
Proceeds of Crime ( Anti-Money Laundering and Anti -
terrorist Financing Supervision and Enforcement) Act
2008 will strengthen the enforcement of international
financial sanctions obligations. This will be achieved
by empowering supervisory authorities to impose
penalties as a consequence for breaches of such obligations. The amendment will apply in relation to a range of penalties which currently exist in the Act, thus ensuring that supervisory authorities will have a
variety of penalties to impose to match the nature and
serio usness of a specific breach. The international
standards require that penalties imposed should be
effective, proportionate and dissuasive, and this can
be achieved when an array of penalties of different degrees of seriousness are available to be applied.
Madam President, the amendment to the F inancial Intelligence Agency Act 2007 is necessary to
ensure that the FIA (that is, the Financial Intelligence
Agency) can make relevant disclosures to the Minister to whom the Governor has delegated some of his
funct ions in respect of the international financial sanctions. Although at present the FIA can make discl osures to the Minister of Legal Affairs on other matters,
the FIA is only empowered to make disclosures about
international financial sanction matters to th e Governor. The amendment will allow the FIA to also make disclosures to the Minister of Legal Affairs concerning
matters germane to her delegated functions for international financial sanctions, and that is me.
Madam President, this legislative initiative is
only one part of the work being done by the relevant authorities in Bermuda to ensure that Bermuda is
compliant with international financial sanctions and
has an effective system for enforcement of these obl igations. Other activities being carried out include:
1) the renewed focus of the National Anti -Money
Laundering Committee’s sanctions working group on
the consideration of implementation matters in co nnection with the statutory responsibilities of supervis ory authorities in relation to international financial san ctions and the recent delegation of functions and also 2) the development of an agreed coordination mechanism in relation to international sanctions against the proliferation of weapons of mass destruction to ensure
that Bermuda’s financial, professional and other bus iness sectors are not misused by foreign actors to
evade UN sanctions in this area.
Madam President, Bermuda remains commi tted to working to achieve full compliance with the i nternational standards and this Bill is another step further in the ongoing journey to achieve this. And I
would like to thank the National Anti -Money Laundering team and in particular, the NAMLC coordinator
and her team and the drafter, that you mentioned earlier, my Anthony Richardson is there—
170 14 March 2019 Official Hansard Report
Bermuda Senate [Laughter]
Sen. the Hon. Kathy Lynn Simmons: —for their co ntinued work in this area, and a good work it is.
The President: Thank you, Senator Kathy Lynn Si mmons, Attorney General and Government Leader in the Senate.
Would any Senator care to speak on this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: The Opposition supports this
Bill and also would like to thank NAMLC for their continued work.
The President: Thank you. Would any other Senator
care to speak?
Senator Jardine, you have the floor.
Sen. James S. Jardine: Thank you, Madam Pres ident.
Madam President, as someone who has been
a member of a board responsible for the implement ation of AML/ATF laws and regulations for some years
and having worked closely with NAMLC, certainly I
extend my thanks to them for all their extreme hard
work under changing conditions which have resulted in many additional changes and amendments to our
various AML/ATF Acts.
Certainly, I support this legislation. I think it is
important that Bermuda continue to keep abreast of changes, to continue to refine its AML policies and
procedures and laws and regulations so that we can show ourselves to be, should we say, leaders in this
particular area on a global basis. I, too, hope that our
assessment is a good one. And I lo ok forward to hearing the results of the second round of that.
So, Madam President, just to say that I certainly support this legislation.
Thank you very much.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
this Bill? No?
Then, Senator Kathy Lynn Simmons, it is over
to you.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
Thank you, Senators, for your support of this
Bill, and of the continuing efforts of the team to ensure
that we are able to shine in t his area. Senators can
expect that we will, in fact, see further legislative initi ative as we refine and review the legislation, and as the
goalpost sometimes moves, we are, as always, r esponsive.
So, with that Madam President, I move that
the Bill be now read a second time.
The President: Is there any objection to the second
reading?
No objection.
Carry on.
SUSPENSION OF STANDING ORDER 26
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that Standing Order 26 be suspended
in respect of the Bill.
The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 26 suspended.]
BILL
THIRD READING
PROCEEDS OF CRIME AMENDMENT ACT 2019
Sen. the Hon. Kathy Lynn Simmons: I move that the
Bill be read a third time, Madam President.
The President: Is there any objection to the third
reading?
No objection.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Bill entitled the
Proceeds of Crime Amendment Act 2019 do now pass.
The President: Is there any objection to that motion?
No objections.
The Bill is passed.
[Motion carried: The Proceeds of Crime Amendment Act 2019 was read a third time and passed.]
The President: Thank you, Senator Kathy Lynn Si mmons. And I believe you have the next Bill which is a
consideration of the draft Order entitled Good Governance.
Sen. the Hon. Kathy Lynn Simmons: Senator
Campbell.
The President: Sorry, Senator Campbell, it is your
Bill. You have the floor.
ORDER
GOOD GOVERNANCE (PROTECTED
DISCLOSURES) ORDER 2019
Bermuda Senate Sen. Vance Campbell: Thank you, Madam President.
Madam President, the [ Good Governance
(Protected Disclosures) Order [2019 ] before t he Senate relates to protected disclosures. Madam Pres ident, this is commonly known as whistle- blower pr otection.
The President: Mm-hmm.
Sen. Vance Campbell: Madam President, with your
indulgence, I would like to move to the Good Gover nance Act 2012.
The President: You certainly may.
Sen. Vance Campbell: Section 3. The title of this
section is “Offence of terminating contract with, or
withholding payment from, a whistle- blower.”
[Section] 3(1) indicates that “A person commits an offence—(a) if he termi nates a contract with
another person because that person or any of his officers or employees has made a protected disclosure; or (b) if he withholds any payment due under a contract to another person because that person or any of
his officers or employees has made a protected di sclosure.”
Section 3(2), Madam President, states, “For
the purposes of this section, a person makes a pr otected disclosure if, in in good faith, he notifies whic hever of the listed persons appears to him to be the most appropriate person to notify in the circumstances, that he has reasonable grounds to believe —
(a) that another person has committed, is committing,
or is about to commit, a criminal offence or breach of
any statutory obligation related to that person’s bus iness; or (b) that information tending to show any matter falling within paragraph (a) has been, is being, or is likely to be, altered, erased, destroyed or concealed by any person.”
And [section] 3(3) goes through a list of these
listed persons. I will highlight some of them, Madam
President, with your permission.
The President: Yes, you may. Yes, you certainly can.
Sen. Vance Campbell: The person’s employer, manager or supervisor; a police officer; the Collector of
Customs; the Chief Fire Officer; the Chief Medical Officer; the Chief Environmental Health Officer; a Safety
and Health Officer appointed for the purposes of the
administration of the Occupational Safety and Health Act 1982; the Auditor General; the Ombudsman; the
Accountant General. And it goes up to [section
3(3)](p) in the list, right down to the Bermuda Health
Council, established under section 3 of the Bermuda
Health Council Act [2004].
There is a long list of persons in this list, Madam President. So, the purpose, Madam President of this O rder is t o amend section [3(3)](f) which states “the
Chief Environmental Health Officer of the Department
of Environmental Health” and we are looking to correct, first of all, Madam President, the name of the department which should be the Department of
Health. Sec ondly, we are looking to include the director of the department as a person to whom a protec ted disclosure can be made.
Madam President, the Order also adds the
manager of Labour Relations or an inspector desi gnated under section 34 of the Employment Act 2000 as a person to whom a protected disclosure can be
made. And by including the manager of Labour Rel ations or an inspector designated under the Emplo yment Act, persons making protected disclosures,
Madam President, may do so without fear of persec ution b y their employer whilst providing the Labour R elations section with information to effectively invest igate all complaints pursuant to the Employment Act
2000, and will likely result in the speedy resolution of employment -related issues.
With that, Madam P resident, I conclude my
presentation. And thank you, Madam President.
The President: Senator Campbell —
[Inaudible interjection]
Sen. Vance Campbell: I am doing Good Governance
Act.
The President: You had read the employment —
Sen. Vance Campbell: That is under the Good Go vernance Act.
The President: Oh, it is under the Good Gover nance? Okay. Subsection (3). Thank you, Senator Campbell.
Would any Senator care to speak on this Bill?
No?
Then, Senator Campbell, you will move the
Bill?
Sen. Vance Campbel l: Madam President, I move that
the said draft Order be approved and that the follo wing message be sent to his excellency, the Governor.
The President: Is there any objection to that motion?
The Clerk: He has got to read it.
The President: Then read the motion.
Sen. Vance Campbell: “May it please your Excellency:
“The Senate, having had under consideration
the draft Order entitled the Good Governance (Pr o172 14 March 2019 Official Hansard Report
Bermuda Senate tected Disclosures) Order 2019, proposed to be made
by the Premier under the provision section 3(7) of the
Good Governance Act 2012, has the honour to inform
your Excellency that the Senate has approved the
said draft Order.”
The President: Is there any objection to the message
being sent?
No? Then the message will be sent.
Thank you, Senator Campbel l.
[Motion carried: The Good Governance ( Protected
Disclosures ) Order 2019 was approved.]
Sen. Vance Campbell: Madam President, I did fail to
move that Standing Order 71(2) be suspended, so
that the Senate may now proceed with consideration
of the Good G overnance Protected Disclosure Order
2019, so I do apologise for that omission.
The President: Thank you, Senator Campbell. I am
glad you picked that up. Yes, and thank all Senators
for supporting this Bill.
We now move on to item 4 on the Orders of
the Day and that is a consideration of the draft Order
entitled: The Employment (Protected Disclosures) O rder of 2019. Senator Hayward, you have the floor.
SUSPENSION OF STANDING ORDER 71(2)
Sen. Jason Hayward: Madam President, I move that
Standing Order 71( 2) be suspended so that the Senate may now proceed with consideration of the E mployment (Protection Disclosure) Order 2019.
The President: Is there any objection to that motion?
No objection.
[Motion carried: Standing Order 71(2) suspended.]
The Presid ent: Carry on, Senator Hayward.
ORDER
EMPLOYMENT (PROTECTION DISCLOSURE)
ORDER 2019
Sen. Jason Hayward: Madam President, I must say
that the changes that are to be made mirror the
changes that were just articulated by Senator [Cam pbell] regarding the Good Governance Act. But this
[Employment (Protection Disclosure)] Order [2019] is
in relation to the Employment Act 2000.
Under the Employment Act 2000, a per son
who makes a protected disclosure in good faith and on the premise that they have reasonable grounds to
believe that his employer, other employee or himself has been directed to commit a criminal offence or
breach of a statutory obligation may do so to the listed persons in the Act, namely, “the person’s employer,
manager or supervisor, a police officer; the Collector
of Customs; the Chief Fire Officer, as defined in section 2 of the Bermuda Fire and Rescue Service Act
1982; the Chief Medical Officer, as defined in section
2 of the Public Health Act 1949; the Chief Environmental Health Officer of the Department of Environmental Health; a Safety and Health Officer appointed
for the purposes of the administration of the Occupational Safety and Health Act 1982; the Auditor General, appointed under section 88 of the Constitution; the Ombudsman, appointed under section 93A of the
Constitution.”
Madam President, the Order adds the Manager of Labour Relations or an inspector designated under section 34 of the Act as a person to whom a
protected disclosure can be made. By including the
Manager of Labour Relations or an inspector desi gnated under the Act, persons making protected di sclosures may do so without fear of persecution by their employer while providing the Labour Relations
section with information to effectively investigate all
complaints pursuant to the Employment Act 2000 and
will likely result in a speedy resolution of the emplo yment -related disputes.
Thank you, Madam President.
The President: Thank you, Senator Hayward.
Would any Senator care to speak on this Bill?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: Just a correction for the
minutes. It was Senator Campbell, not myself, that
articulated the first draft Order.
The President: Thank you.
Would any other Senator care to speak on
this Bill, Employment (Protective Disclosures) Order? No?
Then, Senator Hayward, do you want to move
Bill?
Sen. Jason Hayward: Madam President, I move that
the said draft Order be approved and that the follo wing message be sent to his Excellency, the Governor.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Hayward.
Sen. Jason Hayward: Madam President.
“May it please your Excellency:
“The Senate, having under considerati on the
draft Order entitled the Employment (Protection Di sclosure) Order 2019, proposed to be made by the
Minister responsible for Labour Relations under the
provision of section 29A(5) of the Employment Act 2000, has the honour to inform your Excellency t hat
the Senate has approved the said draft Order.”
Bermuda Senate The President: Is there any objection to that motion?
No objection. A suitable message will be sent.
Thank you, Senator Hayward.
[Motion carried: The Employment (Protection Discl osure) Order 2019 was appr oved.]
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak?
Yes?
Senator Kathy Lynn Simmons, you have the
floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I would like to acknowledge International
Women’s Day which recently took place and the groups and organisations that have put on events to
celebrate women, the accomplishments of women
and the aspirations for women as we move forward.
I would also like to acknowledge and thank
the women in the department of Child and Family
Services. And I always pause when I visit them, because it is astounding to think that in 2019, that we
have a majority of women, and that we have two staff
members who are male, it just boggles the mind. And
I would like to acknowledge their hard work with the children. Most of them have children, and they leave
their families every day to come and service our most
vulnerable population. And they are to be acknow ledged and commended for their fortitude, and the
grace and compassion that they bring to their jobs.
I would also like to acknowledge the women
parliamentarians, and I would love to see —and will
see in the very near future—more of us to bring the
balance that is necessary to parl iamentary proceedings. And I am tongue- in-cheek somewhat, but not
really, and I encourage women, generally, to spend
the time necessary to contemplate where we are and
where we need to go as a demographic that can add
so much value to our country as we mov e forward.
Thank you, Madam President.
The President: I would certainly like to support those
comments, and to say that there was an absolutely
wonderful . . . I don’t know if you, those of you who
were able to observe, but at the City Hall there was an
absolutely wonderful programme that was put on. And
I think there were many women who came out, and certainly women who were playing a feature role in
Bermuda all spoke. And it was just an excellent pr o-gramme. So, I just iterate and support Madam Attorney General on the comments that she has made.
Would any other Senator care to speak on the
motion?
Senator Simmons, Michelle Simmons, you
have the floor.
Sen. Michelle Simmons: Good morning, Madam
President.
I am following the Attorney General, and I am
very happy to do so, because I would like to focus on
our girls right now. I had the pleasure of attending the
annual Thinking Day Service, hosted, of course, by
Girlguiding Bermuda. I had not been to one of those
services for quite some time, and I was just absolutely
astounded by the enthusiasm of the Rainbows, the
Brownies, the Guides and the Rangers, who all seemed so happy to be there and not only attending
the Thinking Day Service, but also actively participating.
I believe the community is aware now that
Girlguiding Bermuda is celebrating its centenary, one
hundred years of service to this community. This
year—yes—and their focus is on leadership. So, this
ties in quite nicely with what the Attorney General has
just said.
I would like to share with the community that
Girlguiding Bermuda is still very welcoming of young girls, middle girls and also our older girls. The Rai nbows are age 5 to 7, the Brownies 7 to 10, Guides 10
to 14, and Rangers 14 to 25. Yes, I am doing a little
ad for Girlguiding Bermuda. If you have girls who have
any interest, please get in touch. The Island Commi ssioner is Mrs. Karen Trott. She is doing a fantastic job,
and she is well supported by her leaders.
However, of course, they always need more
help, and I am going to share that on the back of the
programme from the church service, they had a little
ad. How can you have an impact on Girlguiding Bermuda? Make a change. Make a difference. Be an i nfluence. Volunteer today. So, they are looking for
more leaders who will be in leaders hip positions with
our young girls and they do have a website. It is
www.girlguiding.bm
and there is a phone number 292 -
0675. If anyone in the community is interested in hel ping Girlguiding Bermuda, here is your opportunity. And
remember, please get your girls involved. It is a very
healthy, wholesome activity and I am very proud to
say I am a former Brownie and Girlguide. Did not get
to the Rangers. I had other things on at that time.
Thank you, Madam President.
The President: Thank you, Senator Michelle Si mmons.
Would any other Senator care to speak on the
motion to adjourn [sic] ? Senator Kempe, you have the
floor.
174 14 March 2019 Official Hansard Report
Bermuda Senate Sen. Nicholas Kempe: Congrats and obits. Thank
you, Madam President.
The President: Sorry! Where am I? Oh. On the m otion. Sorry . . . Congratulatory. I am trying to hasten
things along, and I should not be doing that.
You have the floor.
Sen. Nicholas Kempe: So, I guess slightly off topic
but following on International Women’s Day and in the
spirit o f the tongue- in-cheek: International Pi Day on
3/14/[2019].
I would like to just congratulate all the youth
that get involved in extracurricular activities that ex-pand upon and help foster a sense of numeracy. We see in the paper things from the stock mar ket challenges to small business camps, and I know that YEI
(Youth Entrepreneurship Initiative) is getting into the
schools which is a great thing, to card counting, and
this kind of thing. So, I would just like to congratulate
those youth that use their free time to help develop their numeracy skills. It is certainly useful in life.
The President: Thank you, senator Kempe.
Would any other Senator care to speak on
congratulatory and/or obituary speeches?
Senator Caesar, you have the floor.
Sen. Crystal C aesar: Thank you, Madam President.
On a slightly sadder note, I would like to express my
condolences, and I am sure the entire Senate would
like to as well, to the former Member of Parliament
and former party leader of the PLP. His father passed recently, Mr. Allen Leroy Bean. I would like to express
my heartfelt condolences to his brothers, sisters and
numerous other relatives who are remaining and I
would like, if it pleases Madam President to associate
the Senate.
Thank you.
The President: Thank you, S enator Caesar.
Would any other Senator care to speak? Se nator Hayward, you have the floor.
Sen. Jason Hayward: Madam President, I would like
to congratulate Lamont Marshall who is now the Bermuda 15K record holder. He recently broke Mike Watson’s 33- year-old national record. Lamont now holds
Bermuda’s 5K record, the 10K record and the 15K
record. He is also the reigning Bermuda Day champ.
He is doing excellent things, and I believe he is just
getting stronger as a runner.
So, I would like to send congratu lations to
Lamont Marshall.
The President: Thank you, Senator Hayward.
Would any other Senator care to speak? No?
Then [we will] move on to the adjournment. Senator Kathy Lynn Simmons, Attorney Ge neral.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
I move that the Senate do now adjourn to . . . I
am proposing we adjourn to Monday, March 18 as a
departure. But for the purposes of this proceedings,
we can discuss it once we finish, yes?
The President: There is a motion on the floor, Senators, that the Senate adjourn and meet on Monday the
18th to do the general debate.
[Crosstalk]
Sen. the Hon. Kathy Lynn Simmons: We can do it
all together.
The President: It has been suggested by the Attorney
General that we do it all toget her. Is there any . . . as
opposed to the 20th?
Sen. the Hon. Kathy Lynn Simmons: Mm-hmm.
An Hon. Member An Hon. Member
So, we will not meet on the 20th? Sen. the Hon. Kathy Lynn Simmons: We can meet on the 20th since the House will have finished its bus iness by then and then we can take up — The President: We can meet on the 20th. So, the suggestion is …
So, we will not meet on the 20th?
Sen. the Hon. Kathy Lynn Simmons: We can meet
on the 20th since the House will have finished its bus iness by then and then we can take up —
The President: We can meet on the 20th. So, the
suggestion is that we meet on Monday, Wednesday and Friday of next week and finish everything. Is that
my understanding?
Sen. the Hon. Kathy Lynn Simmons: Yes.
The Clerk: So, the Bills on Monday will be the ones
that have been laid today for first reading?
Sen. the Hon. Kathy Lynn Simmons: Absolutely.
The President: As well as the general budget debate.
Is there any objection to this motion?
Sen. the Hon. Kathy Lynn Simmons: We can meet
on the 20th since the House will have finished its bus iness by then and then we can take up —
The President: We can meet on the 20th. So, the
suggestion is that we meet on Monday, Wednesday and Friday of next week and finish everything. Is that
my understanding?
Sen. the Hon. Kathy Lynn Simmons: Yes.
The Clerk: So, the Bills on Monday will be the ones
that have been laid today for first reading?
Sen. the Hon. Kathy Lynn Simmons: Absolutely.
The President: As well as the general budget debate.
Is there any objection to this motion?
An Hon. Member An Hon. Member
Are we changing the date of the Committee heads debate, or are we just adding a nother date for . . . ? Sen. the Hon. Kathy Lynn Simmons: We are pr eparing to meet Monday, Wednesday and Friday of next week and will allot the business that comes down …
Are we changing the date of the
Committee heads debate, or are we just adding a nother date for . . . ?
Sen. the Hon. Kathy Lynn Simmons: We are pr eparing to meet Monday, Wednesday and Friday of
next week and will allot the business that comes down
accordingly for those days. And when we get the
heads, we will start those on Wednesday, because
the House finishes on Friday.
Bermuda Senate An Hon. Member: As opposed to Friday. Right now
there is just a question of meeting on Monday the
18th?
Sen. the Hon. Kathy Lynn Simmons: Mm-hmm.
Yes.
The President: All right, is there any objection to the
Senate meeting on Monday?
No objection.
Sen. the Hon. Kathy Lynn Simmons: Thank you.
The President: So, the Senate stands adjourned until
Monday.
Committee heads debate, or are we just adding a nother date for . . . ?
Sen. the Hon. Kathy Lynn Simmons: We are pr eparing to meet Monday, Wednesday and Friday of
next week and will allot the business that comes down
accordingly for those days. And when we get the
heads, we will start those on Wednesday, because
the House finishes on Friday.
Bermuda Senate An Hon. Member: As opposed to Friday. Right now
there is just a question of meeting on Monday the
18th?
Sen. the Hon. Kathy Lynn Simmons: Mm-hmm.
Yes.
The President: All right, is there any objection to the
Senate meeting on Monday?
No objection.
Sen. the Hon. Kathy Lynn Simmons: Thank you.
The President: So, the Senate stands adjourned until
Monday.
An Hon. Member An Hon. Member
We got the motion to adjourn now, then? Sen. the Hon. Kathy Lynn Simmons: I move that we adjourn until Monday, March 18 th.
An Hon. Member An Hon. Member
Yes, that is already done. Please just move to adjourn now. Sen. the Hon. Kathy Lynn Simmons: Move to adjourn Senate. The President: Any objection to move to adjourn now and would any Senator want to speak on the motion to adjourn? No one? Then, that is it Senators. The …
Yes, that is already done. Please
just move to adjourn now.
Sen. the Hon. Kathy Lynn Simmons: Move to adjourn Senate.
The President: Any objection to move to adjourn now
and would any Senator want to speak on the motion
to adjourn?
No one?
Then, that is it Senators. The Senate stands
adjourned until Monday the 18th of March. Thank you,
Senators.
[At 11:09 am, the Senate stood adjourned until
10:00 am, Monday , 18 March 2019.]
176 14 March 2019 Official Hansard Report
Bermuda Senate
[This page intentionally left blank]
just move to adjourn now.
Sen. the Hon. Kathy Lynn Simmons: Move to adjourn Senate.
The President: Any objection to move to adjourn now
and would any Senator want to speak on the motion
to adjourn?
No one?
Then, that is it Senators. The Senate stands
adjourned until Monday the 18th of March. Thank you,
Senators.
[At 11:09 am, the Senate stood adjourned until
10:00 am, Monday , 18 March 2019.]
176 14 March 2019 Official Hansard Report
Bermuda Senate
[This page intentionally left blank]
Hansard Transcript
Open in new tab