March 13, 2019

There are three Government Bills to be
introduced this morning.
The first is in the name of the Honourable
Minister of Finance.
Minister.

FIRST READING

CUSTOMS TARIFF AMENDMENT (NO. 2) ACT 2019
Hon. Curtis L. Dickinson: Mr. Speaker, I am intr oducing the following Bill which, according to section
36(3) of the Bermuda Constitution, requires the Governor’s recommendation, so that it may be placed on the Order Paper for the next day of meeting: The Customs Tariff Amendment (No. 2) Act 2019.

Thank you. Thank you, Minister.
The next two are in the name of Minister Wi lson.
Minister, would you like to do yours?

FIRST READINGS

LIQUOR LICENCE AMENDMENT ACT 2019
DENTAL PRACTITIONERS AMENDMENT ACT 2019

Hon. Kim N. Wilson: Yes. Thank you, Mr. Speaker.
I am introducing the following Bill for its first
reading so that it may be placed on the Order Paper
for the next day of meeting, namely, the Liquor L icence Amendment Act 2019.
And I am also introducing, Mr. Speaker, the
following Bill for its first reading so that it may be
placed on the Order Paper for the next day of meeting, namely, the Dental Practitioners Amendment Act
2019.

Orders of the Day.
And again, for the listening public, we are t oday resuming the continued debate on the Budget and
for the consideration of the expenditures and rev enues. This morning, the first Ministry up for debate is that of Legal Affairs. There are some four hours set
aside for that. And then, after that, we will continue
with the debate that will be for the Ministry of Labour
and Sport.
At this time, Finance, Minister, would you like
to move us?

Hon. Curtis L. Dickinson: Mr. Speaker, I move that
the House do now resume in Committee of Supply to
consider the Estimates of Revenue and Expenditure
for 2019/20.

Thank you, Mi nister.
The Chairman for this morning’s session can
come forward now.

House in Committee at 10:44 am

[Mr. N. H. Cole Simons, Chairman]

COMMITTEE OF SUPPLY

ESTIMATES OF REVENUE AND EXPENDITURE
FOR THE YEAR 2019/20

[Continuation thereof]

1058 13 March 2019 Official Hansard Report

Bermuda House of Assembly The Chairman: Good morning. We are in the Committee of Supply. And we are resuming the debate.
Today we will be debating Legal Affairs, Heads 87, 3,
23 and 4. Four hours will be dedicated to this Ministry.
And the debate will be led by the Junior Minister [sic]
of Lega l Affairs, the Honourable Kim Wilson.

Hon. Kim N. Wilson: Spokesperson.

Spokesperson; my apologies.

MINISTRY OF LEGAL AFFAIRS

Hon. Kim N. Wilson: Thank you, Mr. Chairman.
Mr. Chairman, I move the following Heads,
namely, Head 87, Ministr y of Legal Affairs Headquarters; Head 3, Judicial Department; Head 23, Child and
Family Services; and Head 4, Attorney General’s
Chambers, be now taken under consideration.
Mr. Chairman, I am, actually, as you can see,
holding this matter on behalf of the Honourable and
Learned Attorney General, who does sit in another Chamber.

HEAD 87 —MINISTRY OF LEGAL AFFAIRS
HEADQUARTERS

Hon. Kim N. Wilson: The Ministry of Legal Affairs,
under the direction of the Attorney General and Mini ster of Legal Affairs, Senat or the Honourable Kathy
Lynn Simmons, is charged with the responsibility of upholding the Constitution and the legal system of
Bermuda.
The Ministry’s mission statement, department
objectives and current account expenditures can be
located at page B -80 of the Budget Book. Its mission
is as follows: to provide the fair administration of and
access to justice whilst strengthening and promoting
the well -being and protection of children, adults and
families through rehabilitation, prevention and treatment serv ices.
The department objectives, Mr. Chairman, are
as follows for Headquarters: to advance Government policy initiatives under the direction of the Minister of
Legal Affairs; to ensure the Government's legislative
framework is updated and current with poli cy dire ctives; and to effect synergies amongst Ministry departments to ensure that overall policy objectives are
met.
Mr. Chairman, the departments that come
under the umbrella of the Ministry are as follows:
• Legal Affairs Headquarters;
• Judiciary;
• Attorne y General's Chambers;
• Department of Court Services ;
• Department of Public Prosecutions ;
• Department of Child and Family Services; and
• Department of National Drug Control .
Current Expenditure

Hon. Kim N. Wilson: With respect to the current expenditure, Mr. Chairman, that can be found commencing at page B -79 of the Approved Estimates of Rev enue and Expenditure for the [fiscal] year 2019/20.
Mr. Chairman, the budget ceiling of
$49,071,000 was allocated to the entire Ministry for
the 2019/20 fiscal year. This amount represents
$1,167,000, or 2 per cent, increase from the current
2018/19 fiscal year. A comprehensive analysis of the Ministry’s expenditure was undertaken to strike a balance between optimising spending limits without compromising the efficient deli very of services.
Of the $49,071,000 allocated to the Ministry,
particular allocations are as follows:
• Ministry Headquarters, $6,627,000;
• Judicial Department, $8,723,000;
• Attorney General’s Chambers, $5,308,000;
• Department of Court Services, $4,658,000;
• Department of Public Prosecutions,
$3,329,000;
• Department of Child and Family Services,
$15,915,000; and
• Department of National Drug Control,
$4,511,000.

Revenue

Hon. Kim N. Wilson: With respect to revenue, Mr.
Chairman, the only departments under the Mini stry’s
portfolio that have a mandate to generate revenue are
the Judicial Department and the Department of Child
and Family Services. Their combined revenue is pr ojected to be $10,403,000. This amounts to $1,405,000
more than the 2018/19 original estimates .

Current Account Expenditure

Hon. Kim N. Wilson: Mr. Chairman, the Current A ccount Expenditure estimates for Head 87, with respect
to the Ministry of Legal Affairs Headquarters, begins
at page B -80 of the Budget Book. A total of
$6,627,000 has been allocated to the Ministry Headquarters. This represents an increase of $909,000, or 16 per cent, from the 2018/19 original estimates. The
increase is mainly due to the budget allocation of
$906,000 for the Mirrors Programme. It will be trans-ferred to the Minis try commencing the 1
st of April 2019
and is not reflected in the original estimates for 2018/19.
In addition, resources were diverted to i ncrease funding for services that will be performed by
the Litigation Guardians, net of a small decrease in
the funds allocated to other overhead costs within the
Ministry. Legal services costs also have also decreased due to the effects of the reform of the Legal
Aid Model.



Bermuda House of Assembly Salaries

Hon. Kim N. Wilson: Mr. Chairman, of the
$6,627,000 allocated to the Ministry Headquar ters,
$2,355,000, or 36 per cent, of the budgeted amount
represents the allocation for salaries. This includes
salaries for Ministry Headquarters, the Legal Aid O ffice, the Financial Sanctions Implementation Unit and
the Mirrors Programme. And the specific details of
these figures are as follows —

Thank you, sir.
Minister.

Hon. Kim N. Wilson: Specific details of these figures
are as follows:
• $724,000, Ministry Headquarters;
• $829,000, Legal Aid Office;
• $324,000, Financial Sanctions Implementation
Unit; and
• $478,000, Mirrors Programme.

Professional Services
Hon. Kim N. Wilson: Mr. Chairman, $1,866,000, or
28 per cent of Ministry Headquarters’ Budget, is all ocated to Professional Services. Budgeting is for external legal counsel retained by the Legal Aid Of fice of
$660,000. Also included in the Professional Services allocation is a budget of $554,000 for the Justice Pr otection Programme. This programme continues to
produce excellent dividends for Bermuda by contri buting to the successful prosecution and conv iction of
criminals. Also included in professional services is
funding allocated for Litigation Guardians in the
amount of $242,000, to ensure the independent representation of children during court proceedings. Further funding in the amount of $105,000 has been pr ovided towards public relations via a communications officer on behalf of the Ministry. Funding in the amount of $143,000 will enable the Mirrors Pr ogramme to avail itself of required consultants.
Mr. Chairman, the Ministry of Legal Affairs
Headquarters is furthermore functionally subdivided into six fiscally identifiable programmes, as follows:
• cost centre 97000, Administration;
• cost centre 97010, Financial Intelligence Agency [a Grantee] ;
• cost centre 97030, Legal Aid;
• cost centre 97070, Justice Protection;
• cost centre 97080, Financial Sanctions I mplementation Unit; and
• cost centre 97090, Mirrors Programme.
I will proceed to address them individually, as
follows:

Administration —97000

Hon. Kim N. Wilson: This programme provides for
the administrative costs associated with the Ministry
Headquarters, to which $1,338,000 has been allocated. This represents an increase in the sum of
$389,000, or 41 per cent from the 2018/19 original
estimates. The increase is mainly due to funding all ocated for Litiga tion Guardian fees and one communications officer. Included in the Administration cost
centre are salaries and related costs for Ministry
Headquarters. Administrative support for the Minister
and Permanent Secretary is provided by one seconded executive as sistant and one administrative assi stant. Policy formulation for Ministry legislative initi atives and project management is provided by a policy analyst. Fiscal and financial control is provided by a
ministry comptroller.
Mr. Chairman, Ministry Headquarters intends
to continue to focus on the codification and efficient delivery of Throne Speech initiatives. Our Ministry’s
most recent commitments include the vital role to be played in realising the medicinal and economic benefits of medical cannabis, modernising Bermuda’s li quor licensing regime to meet the challenges confronting us, and needed court reform to address the pres sing social challenges of settling family law disputes.
Moving from limited decriminalisation of cannabis to laying the framework of a medical cannabis
industry entails overcoming many hurdles. Our Go vernment is responsive to the increasing numbers of
medical professionals embracing the science sur-rounding cannabis, and its positive impact on pain
relief and the management of chronic medical conditions. The Ministry is progressing with advancing the
regime whereby licensed medical practitioners are
permitted to prescribe medicinal cannabis to aid in the
treatment of such conditions.
In its 2017 platform, the Government promised to “allo w licensed practitioners to prescribe their
patients medicinal cannabis to address legitimate
health issues and establish a regime for domestic
medicinal cannabis production.” Mr. Chairman, the
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Bermuda House of Assembly Government has already delivered on a platform
promise that targeted removing the criminal offence
for simple possession by any person who held seven
grams or less of cannabis. In this 2019/20 budget
year, the Ministry intends to advance from limited de-criminalisation of cannabis to also establish a robust
licensing regime that will create a comprehensive
framework that embraces the science of cannabis use
for medicinal purposes.
Legal Aid reform has moved into the impl ementation phase where we are already experiencing projected cost -savings results, to be enhanced wi th
further implementation. This is the outcome of our
commitment to minimising outsourcing legal services
where feasible. And we reap the benefits of handling matters in- house with added staff; that pays dividends
as compared to the considerably costlier option of outsourcing, as was blindly committed to in the past.
Liquor licensing reform is well underway to
strike the right balance between the commercial ben efits of selling alcohol and responsible consumption. Our current liquor licensing regime is as cumbersome
and dated as should be expected for having been
originally fashioned in 1974. Accordingly, in keeping
with Government’s commitment, legislation is well underway to modernise the mechanism and the process
by which liquor licences are granted. This will also
expand classes of licences, enhance enforcement and
provide a balanced approach that promotes health
and safety to the community while supporting bus inesses and our tourism product.
In the 2019/20 budget year, the Ministry of
Legal Affairs will f urther introduce amendments that
are designed to improve and modernise the functio ning of the Liquor Licensing Authority under the
Liquor
Licence Act 1974 . It remains the duty of a responsible
government to ensure that adequate protections exist in law in order to administer the sale and consumption
of alcohol in the best interests of the whole society.
The gaps identified in the liquor licensing regime are
preventing businesses from legally serving alcohol at
certain events. And it is anticipated that amendments
to the law will decrease the practice of serving alcohol without the proper authorisation.
Having passed sex offender legislat ion to pr otect society, and especially our children, work conti nues apace to coordinate stakeholders and to impl ement the sex offender registration and notification sy stem. The work of the Joint Select Committee was carefully considered to ensure a biparti san approach
to the measures ultimately implemented. As a result, we now have a comprehensive registration, rehabilit ation, monitoring and reporting system under the auspices of an Offender Risk Management Team with this
primary mandate. The aim is to ensure that all neces-sary steps are taken for offenders to be reformed,
once incarcerated, and appropriately monitored and
supervised upon release. Appropriate notices will also
be provided to victims and the public to prevent re -offending, with particular regard to the safety of our
children.
Mr. Chairman, the Ministry’s commitment to
providing opportunities to train Bermuda’s next generation of lawyers continues apace. Our pupillage pr ogramme provides pupils with an opportunity to work
under the supervision of a designated barrister known
as a “pupil master.” The pupil is thereby provided
training and experience within a number of different
areas within the Ministry. This includes the Depar tment of Public Prosecutions and Legal Aid Depar tment, where they gain criminal law experience; the Civil Advisory section of the Attorney General’s
Chambers, where they gain experience in civil litigation and advice; and the Drafting Section of the Attorney General’s Chambers, where they are taught the
process of how the law is made.
In 2018, four pupils were selected to partic ipate in the programme, and it is anticipated that each
will be given the opportunity to become proficient in an
array of legal disciplines. The pupils have been placed
on a rotation schedule and have been given the opportunity to assist with files, attend court and gain experience with the type of work for which the pupil master has responsibility, in addition to working with any
other persons within the Ministry whom the pupil master may assign the pupil to.
Throughout the pupillage period, the pupils
work under close monitoring and supervision of their pupil masters. They are provided with required assi stance and the opportunity to discuss complex legal
matters in order to ensure that their pupillage is progressing appropriately and to meet, if not exceed, the requirements of the Bermuda Bar Association Pupi llage Guidelines. These guidelines require that a number of practice areas are covered during the pupillage,
such as legal research, problem analy sis and fact i nvestigation, planning and conduct of a matter, and file
and practice management.
The programme is proceeding efficiently, and
it is anticipated that a positive pupillage experience
will continue to endear pupils to recommend others to
pursue a legal career within the Ministry, thereby offering preferential opportunity to recruit new talent.
Finally, Mr. Chairman, child support arrears
enforcement remains a challenging priority related to unifying the Family Court to fully marshal mediation
and case management to resolving family law di sputes. Resources will be deployed to implement a
Unified Family Court and Mediation Centre [UFCMC]
to better assist families in crisis and decrease dependency on an adversarial system. The stress of
litigation will be further offset by streamlined case
management to further minimise protracted disputes in family matters. The intended single registry office
promotes better trained professionals at every level.
This restorative justice approach is long overdue to assist children and families faced with the daunting


Bermuda House of Assembly challenges of resolving disputes without damaging the
social bonds that they depend upon.
In 2019/20, the Ministry of Legal Affairs, as
described in the 2018 Throne Speech, will progress
the Unified Fami ly Court and Mediation Centre to pr ovide coordinated services to those who have family -
related matters within the judicial system. Restorative
justice will be fully integrated to progress cases invol ving children and families in a fair, efficient and cost -
effective manner. It is anticipated that this platform will
assist to empower families through appropriate skills development activities and sound case management
practices, to resolve disputes.

Legal Aid —97030

Hon. Kim N. Wilson: Turning now to line item 97030,
the Legal Aid Office. Mr. Chairman, the purpose of the Legal Aid Office is to ensure that legal advice and representation is readily available to those who need it
most, and who, because of limited financial means, would otherwise be unable to sec ure access to justice. The mission statement of the Legal Aid Office is
to provide high- quality legal representation to those
who qualify for assistance under the Legal Aid Act 1980 . The office aims to achieve this by providing
qualified clients with acces sible and professional legal
services in a timely and efficient manner.
Mr. Chairman, the Legal Aid scheme, which is
administered by the Legal Aid Committee under the
authority of the Legal Aid Act 1980, under the 2019/20
budget is allocated $1,684,000, w hich is a 19 per
cent, or $389,000, decrease from the 2018/19 original
estimate allocation. The decrease in the budgetary
needs from 2018/19 is primarily attributable to less
funding being allocated to Legal Services. This results
from in -house Legal Aid c ounsel taking conduct of
many cases that would otherwise have been allocated
to outside counsel at a higher cost per case. The pr ivate bar still retains a role in the operation of the Legal Aid scheme, but the implementation of public policy -
based cost controls has reduced this area of expend iture.
Of the 2019/20 allocation, $829,000, or 49 per
cent, represents salaries for the administrative and
management staff. Of the budget, $660,000, or 39 per
cent, represents costs allocated for legal services.
The re maining $195,000, or 12 per cent, represents
administrative expenses, other than salaries, for the
Legal Aid Office.
Mr. Chairman, the Legal Aid Office has f ocused primarily on increased operational control over client litigation and administrative effici ency. The r eduction of expenditure, where possible, has been a
primary concern, but not at the expense of a reduction
in the quality of legal services.
Mr. Chairman, the largest area of expenditure
within the Legal Aid budget remains legal fees, which is in keeping with historical trends. The office was able to contain spending within its budget in 2018/19
through prudent management, coupled with the cost
reduction and budget control initiatives outlined in the
previous budget. The transition to the reformed legal
aid model commenced in June 2018 and continues underway. To date, one of three legal counsel has
been employed to decrease previously outsourced
work. Althoug h full staff is not yet in place, from the
period June 1
st, 2018, to December 31st, 2018, legal
fees paid to external counsel amounted to $996,000.
This compares to the annual average cost, for the
immediately preceding two- year period, of
$1,020,500. It is anticipated that costs will continue to
trend downward in tandem with full implementati on of
the reformed model.

Legal Services

Hon. Kim N. Wilson: Mr. Chairman, with respect to
Legal Services, between the period 1st of April 2018
and 31st of August 2018, the Legal Aid Office managed a combined total of 105 new matters: 13 domestic matters , 7 matrimonial matters, 30 civil matters,
and 55 criminal matters.
The Legal Aid Office continues to maintain a
general roster of counsel from private practice, who provide legal services to persons granted Legal Aid
Certificates, notwithstanding that in- house counsel
also absorbs a percentage of the caseload. For the
period 1
st of April 2018 to January 31st of this year, 80
counsel, including two Queen’s Counsel, representing
40 law firms, were listed on the Legal Aid roster. The
current initiative to ref orm the Legal Aid service deli very model will
1. increase sustainability ;
2. provide employment and training opportunities
for Bermudian counsel ;
3. improve succession planning and, finally;
4. significantly reduce expenditure on legal fees,
which has historically been an area of budget
overspend.
The Legal Aid Office continues to be a major
stakeholder in the specialist court programmes such
as Drug Court and Mental Health Treatment Court,
providing defence counsel for these courts. In addition to the traditional ros ters of counsel participating in the
Legal Aid scheme and duty counsel managed and
maintained by this Legal Aid Office, small rosters are
also in place for these specialist courts. If in- house
counsel is not available, private practice counsel who are competent in these areas will be utilised.
The Legal Aid Office also produced a comprehensive Legal Aid Policies and Procedure Guidelines document relevant to these courts, which was
released to the members of the Bermuda Bar Ass ociation for circulation to its members in July of last
year. This provides a useful reference guide to coun-sel who currently participate in those courts and to
those who may wish to join. The Bar has also included
1062 13 March 2019 Official Hansard Report

Bermuda House of Assembly a designated Legal Aid section on its website, for
ease of access.

Outp ut Measures

Hon. Kim N. Wilson: Mr. Chairman, the output
measures. The Legal Aid Office retains the ability to process applications for legal aid certificates within 14
working days. However, achieving this objective is
dependent on whether applicants hav e submitted the
required information in a timely manner. One of the
primary areas of delay was a lack of information from
applicants as to the precise nature of the assistance
that they were seeking. We have modified the applic ation process to address this concern.
The Legal Aid Office continues to process
applications for Temporary Certificates, commonly
known as emergency certificates, within three working
days. This is feasible once all relevant financial information is submitted at the time of application. The applications for emergency certificates can be approved, provided that they are capped below a certain amount
and are ratified by the committee within 28 days.
With respect to staffing, Mr. Chairman, at pr esent the Legal Aid Office comprises thr ee administr ative posts and three legal posts. The three administr ative posts are the office manager, accounts assistant,
and an administrative assistant. The three legal posts
are senior legal aid counsel, a paralegal, and a law
pupil. In the coming months, more staff will be added
to this complement, consisting of two more counsel,
which will bring the eventual number to three. These
three counsel will attend court and represent clients at a reduced cost to the public purse, since they will be
on salary as opposed to drawing an hourly fee rate.
We expect to see appreciable savings by using this
model.
Training and development. The Legal Aid O ffice has as one of its primary objectives to be focused
not only on present service provision, but also development of the quality of the advocates who appear in
court on behalf of our clients. To this end, the r esearch and library facilities at the Legal Aid Office are
being revamped. This is necessary to support the lit igation that will now be carried on out of that office, because for the first time Legal Aid counsel will be not simply managing the scheme on an administrative
level, but they will also have conduct of serious cases
in Supreme Court, such as murders and firearms matters. This broadening of the scope of the work done
by Legal Aid counsel will provide ripe opportunities for rapid growth and the acquisition of valuable exper ience.
There will eventually be two junior counsel
who will work under the guidance of the senior Legal Aid counsel. Training on the office’s case manage-ment system, Legal Files, was also recently conduc ted for all staff to develop their competency on the sy stem, as well as to keep them abreast of updates. The Legal Files system is the database that we use to
track client information, c ase disposition, classification
and cost of each case that we have conduct of.
The diversity of legal work in the Legal Aid O ffice makes it an attractive option for pupils, two of
whom, I understand, are joining us here in the Gallery
now, law students and summer students. It is integral
to facilitating the Ministry's thrust to train and retain
competent and qualified Bermudians. At present,
there is a roster which allows pupils to spend time
working in all of the relevant government legal env ironments, on rotation, at the end of which they will be
able to draw on a wide base of knowledge and eventually choose a specialisation area and settle into
practice.
Mr. Chairman, other initiatives are as follows:
Legislative Amendments —amendments to the Legal
Aid le gislation will be considered during the upcoming
fiscal year with respect to the calculation of disposable
income and to take into account the cost of living i ncreases. This will be coupled with the implementation
of clear guidelines on the categories of c ases that will
qualify for coverage, those categories themselves b eing a reflection of a balance between the principles of
access to justice on the one hand and reasonable use
of public funds on the other.
CLE (Continuing Legal Education) requir ements for counsel participating in the Legal Aid scheme —an agreement has been reached between
the Bermuda Bar Association and the Legal Aid Office
to ensure that counsel participating in the scheme will
be trained to have a full understanding of the Legal Aid policies, procedures, and general expectations of
counsel undertaking legal matters. Existing counsel
who wish to undertake legal work must attend one
mandatory continuing education training session per
year, hosted by the Bar Association, in order to be retained on the Legal Aid Roster. Additionally, those
counsel who undertake a certain amount of Legal Aid work per year are granted a discount on the fees pa yable for their practicing certificates.

Justice Protection Programme —97070

Hon. Kim N. Wilson: Mr. Chai rman, the Justice Pr otection Programme, line item 97070, has been all ocated a budget of $554,000 for fiscal year 2019/20. This represents $3,000 more than the prior year,
2018/19.
This programme is operated pursuant to the
Justice Protection Act 2010 and provides protection for witnesses who support the prosecution process
and meet the legislative requirements for entry into
the programme. The success of this legislative initi ative is apparent from the increase in successful pros ecutions, particularly thos e that are gang- related and
involve violent offenders, similar to within other juri sdictions.



Bermuda House of Assembly Financial Sanctions Implementation Unit—97080

Hon. Kim N. Wilson: Mr. Chairman, this is cost centre 97080. The Financial Sanctions Implementation
Unit (FSIU) is a new unit, and it was established subsequent to the transfer of the Office of NAMLC to the
Ministry of Finance. Of the 2019/20 allocation,
$324,000, or 95 per cent, represents salaries for administration. The remaining $16,000, or 5 per cent,
represents overhead costs for setting up the new office.
The FSIU was formally established in Se ptember 2018. The history of this unit dates back quite
some time. The current and previous administrations
have discussed the importance of the establishment of this uni t, as the country was preparing for the onsite
Mutual Evaluation by the Caribbean Financial Action Task Force, which is a regional body that is linked
with the Financial Action Task Force. The unit oversees the implementation and the close monitoring of
financial sanctions in Bermuda, and also advises the
Minister of Legal Affairs of wider matters relating to
anti-money laundering and the financing of terrorism.
Mr. Chairman, the Governor is the competent
authority in Bermuda responsible for the implement ation of financial sanctions. His powers are set out in
the various Overseas Territories Orders that are in force in Bermuda, pursuant to the International Sanctions Act 2003, as well as the International Sanctions
Regulations 2013. The Governor, by way of the International Sanctions (Delegation of Governor’s Powers)
Notice 2018, transferred certain functions to the Attorney General and Minister of Legal Affairs, which took effect on the 25
th of September 2018.
Mr. Chairman, it must be noted that the Unite d
Kingdom retains overall responsibility for the external
affairs of Bermuda, and that the special responsibility
of the Governor for external affairs and defence under
section 62 of the Constitution of Bermuda is in no way
affected by the delegation of these powers which I just spoke about. In particular, under the said Orders, the
Minister of Legal Affairs has the power to do the following:
(a) obtain evidence and information by taking
such steps as considered appropriate to c ooperate with any international i nvestigation r elating to the funds, economic resources or f inancial transactions of a designated person;
(b) issue and revoke licences, with the consent of the Secretary of State, and may grant a l icence authorising an activity that would ot herwise be prohibit ed under the said Orders ,
and such licence can be varied or revoked by
the Minister at any time with the consent of
the Secretary of State;
(c) serve as a r eporting depository to whom a
relevant institution reports or informs if it credits a frozen account pur suant to an Order; (d) authori se persons with power to search and
investigate suspected ships/aircrafts/vehicles;
and
(e) specify, by regulations, in the currency of the
territory, the amount which is to be taken as
equivalent to sums expressed in sterling in the
relevant Order .
Mr. Chairman, the FSIU provides support to
the Attorney General and Minister of Legal Affairs in carrying out the functions that have been delegated by
the Governor. The FSIU also provides the necessary infrastructure to effectively implem ent targeted financial sanctions, as well as provides support to the Mi nister of Legal Affairs in respect of her statutory func-tions regarding implementation of the government’s
anti-money laundering initiatives.

Output Measures

Hon. Kim N. Wilson: With respect to the output
measures, Mr. Chairman, the FSIU ensures that the
sanctions measures webpage of the government portal is updated with regard to adding or de- listing for
the various sanction regimes. Thus, upon notification
from HM Treasury’s Office, FSIU updates the
webpage within 24 hours and also notifies supervisors
to immediately advise their supervised entities. In ad-dition, the FSIU will be engaging in outreach to rel evant government ministries and departments, as well as with industry, to incr ease awareness and provide
information regarding obligations under Bermuda’s
sanctions regime and the role of the FSIU in impl ementing targeted financial sanctions.
The FSIU is also keeping a watching brief on
Brexit and, should the need arise, will work w ith UK
authorities and operational partners to that ensure
Bermuda’s sanctions regime is functioning efficiently
and effectively.
With respect to the staff of the FSIU, currently
it comprises a responsible head, and recruitment is underway to fill the pos ition of legal counsel. Admini strative support is provided by Headquarters as needed. The head is responsible for implementing targeted financial sanctions including the following: bringing
relevant Overseas Territories Orders in Council into
force in Berm uda; reviewing licence applications in
respect of the various sanction regimes; liaising with
Government House and UK authorities on sanction
matters; and assisting Headquarters with Bermuda’s mutual evaluation process. During the period, the
head has been assisted by legal counsel who was
seconded to the legal counsel post from the Attorney
General’s Chambers.
Mr. Chairman, Training and Development.
The FSIU benefited from training from Her Majesty’s Treasury Office of Financial Sanctions Implementation
[OFSI] in July of last year. The OFSI team members
conducted a two- day training session on financial
sanctions implementation that provided instructive
1064 13 March 2019 Official Hansard Report

Bermuda House of Assembly information and practical exercises on dealing with
financial sanctions implementation.
Further, the head attended meetings at the
OFSI in January 2019 and met with OFSI’s director
and heads of the various units in order to gain more insight into the effective implementation of targeted
financial sanctions. In addition, OFSI will be conduc ting meetings with the UK’s Overseas Territories in
Miami in March 2019, and the FSIU will attend and lead a session on the implementation of targeted f inancial sanctions and share Bermuda’s experience in
respect of having certain functions delegated from the
Governor to the Minister.

Mirrors Programme —97090

Hon. Kim N. Wilson: Turning now to cost centre
97090, which is the Mirrors Programme. The Mirrors
Programme is newly transferred to the Ministry of Legal Affairs as a result of the Cabinet shuffle. Of its
2019/20 budg et, $906,000 has been allocated. Of this,
$478,000, or 53 per cent, represents salaries for administration. The remaining $428,000, or 47 per cent,
represents overhead costs.
This programme is focused on socioemotional skills development, performance coac hing
and personal transformation for middle and senior school students, with an emphasis on innovative
learning strategies and leadership skills. Mirrors Pr ogrammes are based on creating a deep and lasting
transformation in the lives of participants so that they
can reach their fullest potential. The long- term objective is to make better learners and build a resilient
community of young adults who have positive life outcomes in education, employment, and lawfulness.
There will be a reduction in the number of
students served, from 36 senior school students to 22
for the 2019/20 fiscal year, and the shift in traveling
overseas to a university setting for the camp services
versus hosting the residential camp locally. This
change is a more cost -effective way of providing services whilst building students’ leadership skills, allo wing them to interact with overseas students and have
a college campus life experience. The limited venues
locally and the rising cost for conference and housing
services would not be sust ainable in the long term.
Mr. Chairman, the Mirrors Alumni and Friends
Association will support the Mirrors Programme to
launch the PeerForward, [formerly known as] College
Summit programme, for fiscal year 2019/20, with a
grant from Skyport. PeerForward mobilises students
to create a college- going culture in their high school.
The PeerForward method guides more students to
college by tapping the peer resources in high schools.
It is informed and validated by research on the key
actions essential for posts econdary degree attai nment. PeerForward trains, deploys and coaches a
team of Peer Leaders, who are charged with boosting
college preparation and enrolment across their entire school. They mobilise friends and classmates to realise their true college and c areer potential.
Grants —Mr. Chairman, the budget allocation
for grants for fiscal 2019/20 can be found at page C -
16 of the Budget Book. For fiscal 2019/20, a grant will
be provided to the Financial Intelligence Agency [FIA].
In continuation of Government' s efforts to
combat money laundering and terrorist financing, the FIA was established under the Financial Intelligence
Agency Act 2007. The FIA is the independent agency
authorised to receive, gather, store, analyse and di sseminate information relating to suspected money
laundering and financing of terrorism, which is r eceived in the form of a suspicious activity report. The
FIA is empowered to disseminate such information to
the Bermuda Police Service and to Foreign Intell igence Authorities.
Mr. Chairman, $1,805,000 was allocated for
fiscal 2019/20, which represents an amount that was
retained from the previous fiscal year 2018/19. The
statutory mandate of the FIA dictates that the agency
must report its quarterly expenditure and provide an annual audited r eport to the Minister of Legal Affairs.

Capital Expenditure Estimates

Hon. Kim N. Wilson: The budget allocation for Capital Expenditures is found at page C -9 of the Budget
Book. The Ministry has been allocated a total of
$260,000 for fiscal year 2019/20. Of this, $249,000 is
allocated for video conferencing. The remaining
$11,000 is intended to be used to purchase fully d epreciated assets with no residual value for depar tments under the Ministry. Finally, Mr. Chairman, it is anticipated that the Ministry of Legal Affairs Headquarters’ budget allocations for 2019/20, as detailed,
will enable the Ministry to successfully fulfil its mandate, with careful monitoring and the continuing exercise of financial prudence.
This completes Head 87, Mr. Chairman.

The C hairman: Thank you.
You may proceed.

Hon. Kim N. Wilson: Thank you.
Mr. Chairman, turning now to Head 3, the J udiciary. That can be located, Mr. Chairman, in the Budget Book at . . .

Page B -85.
Hon. Kim N. Wilson: Thank you.

HEAD 3 —JUDI CIARY
Hon. Kim N. Wilson: The Judiciary is established by
the Constitution as a separate and independent
branch of government. Its task is to adjudicate char ges of criminal conduct, resolve disputes, uphold the


Bermuda House of Assembly rights and freedoms of the individual, and preserve
the rule of law.
The mission of the Judiciary is to carry out its
tasks fairly, justly and expeditiously, and to abide by
the requirement of the judicial oath “to do right by all
manner of people, without fear or favour, affection or
ill-will.” Mr. Chairman, the mission of the Administr ative Section of the Judiciary is to provide the services
and support necessary to enable the Judiciary to
achieve its mission.
The judicial system of Bermuda consists of
the Court of Appeal; the Supreme Court, which has
the criminal, civil, commercial, appellate, family and
matrimonial courts, as well as probate registry; and
the Magistrates’ Court, which has the criminal, civil and family courts. Ancillary activities involve bailiff
services and administrative support for judicial chairs
of statutory boards such as liquor and betting licences, and criminal injuries compensation.
The Honourable Chief Justice is the head of
the Judiciary. The Registrar is the head of the Judicial
Department, which can employ, when ful ly staffed, up
to 70 officers, none of whom require a work permit.
There are currently 53, or 76 per cent, substantive posts filled; nine, or 13 per cent, posts are
filled by temporary relief employees; and eight, or 11
per cent, posts are vacant. The goa l is to be at full
complement by the end of 2019. This is quite a turn around from last year, when a severe shortage in staff resulted in partial closure of the courts and registries. I
am pleased to say that all courts and registries are
once again operati ng under normal hours. The major
shift in the increase in staffing numbers was due to
the push to obtain temporary relief staff.
The budget for this department in the upcoming year is approximately $8,723,000. Revenues are
projected at $10,211,000.
Some of the highlights from the 2018/19 year,
Mr. Chairman. The Judicial Department gives thanks
to the Permanent Secretary, Ms. Marva- Jean O’Brien,
and the Department of Human Resources for their
assistance and support in helping the department fill
the vacant posts.
The court accommodation being placed under
one roof would increase service efficiency. The cl osure of the 113 Front Street location has had an i mpact on service delivery of the courts. It is a priority to
find suitable relocation space for adminis trative staff,
such as the Judge’s Chambers, as well as suitable,
secure and separate jury space and court operations.
The staff of the Judicial Department are to be
commended for continuing to provide services to the public.

Video Conference

Hon. Kim N. Wilson: Mr. Chairman, the Evidence
(Audio Visual Link) Act 2018 was passed, and now
capital funding for the 2019/20 fiscal year has been allocated to the department to move forward with the
installation of the required technology. This initiative
would no t only enable significant cost savings, but
also provide vulnerable witnesses more protection in sensitive cases. Furthermore, the ability for expert witnesses to attend via an audio visual link would also
decrease the cost to Legal Aid in instances where
overseas experts are needed to be flown in to Berm uda to provided evidence. The implementation of this
technology will provide an immense benefit towards
the modernisation of the Judiciary. The department would like to thank the Minister for assisting in t his
initiative.

Further Education

Hon. Kim N. Wilson: While we continue to encourage
staff to challenge themselves and to grow in
knowledge and expertise, the staff shortages greatly
reduced opportunity for additional training, as all
hands were needed o n deck. Now that the staffing
complement has increased dramatically, in the upcoming year we look forward to once again ensuring
that staff explore opportunities for growth and learning
that could lead them to qualify as future lawyers or
such other recogn ised positions in this community.
It is further envisioned that training for all jud icial posts (Judges, the Registrar and the Magistrates) will recommence. The most affordable options for j udicial training will be fully researched, given the lack of
training available in Bermuda, to provide the most relevant and applicable training in order to further i ncrease the quality and efficiency of the Judiciary.

The Premises

Hon. Kim N. Wilson: Commercial Court in the Government Administration Building. Mr. Chai rman, the
Commercial Court has now completed its ninth year(it
seems like that was just yesterday) of operation and
continues to be well received by practitioners, both
here and overseas.
The Dame Lois Browne- Evans Building, housing the Magistrates' Courts , , opened for business in
April 2011. The courts and administrative offices are
now spread across the northern section of the second,
third and fourth floors. Since late 2016, the premises
are now shared with Supreme Court Fam ily/Matrimonial Division; IT ; and Probate Division,
which were displaced from the previous 113 Front
Street location.
The 113 Front Street location was partially r eopened to house the Court of Appeal, and unfort unately, that location in April or May 2018 was deemed unfit. The admini strative staff were also relocated to
this location.
This facility, as a whole, provides a safe and
secure environment for the public, judicial officers,
lawyers and defendants. There continues to be seam1066 13 March 2019 Official Hansard Report

Bermuda House of Assembly less transition of prisoners from Corrections vehicl es
through the ground floor sally port to the elevators,
and straight to the holding cells located to the rear of
the courtrooms.
The majority of the Judicial Department’s i ncrease is due to funding of salaries due to the rise in pay scales approved by the Joint Grading Panel over
the last year. The estimates also are attributed to the
need for adequate security to protect our courts and
all using them. The Request for Proposal (RFP) pr ocess began in late 2018, and it is intended to be completed by the 31
st of March 2019 when a new two- year
contract will be drafted. In addition, our audio recor ding system, CourtSmart, which is the official record for the Supreme Court and Court of Appeal, requires up-dating. Additional IT equipment must also be mai ntained to support the needs of the justice system.
With respect to the Supreme Court, Mr.
Chairman, and please note that the statistics that
have been provided are those that were available at
the time of preparation of the performance measures and reflect the actual statistics for the period January
to September 2018.

So, are we on [cost centre] 13010,
Minister?

Hon. Kim N. Wilson: I was getting to that. I was just
. . . (I am a little parched.)
So, line item 13000, Criminal Injuries Compensation. T his cost centre provides for payments to
victims of criminal acts, as decided by the board.
Awards in the amount of $325,000 were paid out, which was the extent of our budget allocation for that
year. The increase of $55,000 represents funding for
an administrative post to support the Chairperson of
the Criminal Injuries Compensation and the Liquor
Licensing Board.
Line item 13010, Supreme Court. This cost
centre provides for the salaries and operational expenses for the administration of the Supreme Court
Registry, for which there are 10 posts, including the
assistant registrar, manager, and accounts and ad-ministrative officers. The expense decrease is due to
a movement in salaries for vacant posts being funded at the lowest post pay grade. There were 335 n ew
civil matters filed. There were 102 divorces filed in
2018.
Line item 13015, Courtrooms and Chambers.
This cost centre provides for the salaries and oper ational expenses for the courtrooms and Chambers of
the Supreme Court (criminal, civil and commercial and family/matrimonial). There are 19 posts including the
Chief Justice, Puisne Judges and the Registrar’s post.
The expense increase is due to a combination of a
movement in salaries due to vacant posts being fund-ed at the lower end of the post pay scal e, salary i ncrements and funding for an Assistant Puisne Judge. There were 42 indictments filed and 59 civil and crim inal appeals filed from the Magistrates’ Court.
Line item 13020, Court of Appeal. This cost
centre provides the sitting and retainer fees of the President of the Court of Appeal and four justices of appeal, and the salaries of two posts, an administr ative officer and an administrative assistant. The expense increase is due to a combination of a mov ement in salaries due to vacant posts being funded at
the lower end of the post pay scale, and salary incr ements. The Court of Appeal meets three times a year;
sessions are three weeks long. The number of appeal
cases filed in 2018 was 35.
Line item 13025, Court Technology Office.
This cost centre provides for the salaries for the I nformation Technology Section, for which there are
three posts, the IT Manager, IT Assistant and a data entry clerk. This funding includes transcription services, maintenance fees for the court case management system (JEMS ), court reporting system
(CourtSmart) and telephone system. Equipment and
software applications must be maintained and kept up to date, and will ultimately have to be replaced when
necessary. We must ensure that the CourtSmart and
other information techno logy systems work well. The
ultimate goal of electronic filing throughout the courts
will be a significant future expense, where funding will
need to be earmarked. Thorough research will be conducted this year in relation to the cost of electronic
filing s oftware, which would be the most appropriate
for our courts, as this expense can be upwards of $1.5
million.
Turning now to line item 13040, the Magi strates’ Court. This cost centre provides funding for the
Senior Magistrate, four magistrates, and acting appointments where necessary. The magistrates adjudicate upon civil, criminal, traffic and family matters.
There are also the Mental Health, Drug Treatment and
the pilot Driving Under the Influence (DUI) Courts,
which continue to seek to reduce recidivism b y addressing the drug, alcohol and mental health challenges of offenders.
In late 2016, Court #4, located in the Dame
Lois Browne- Evans Building, was redesigned as a
supreme court due to the health and safety issues at
113 Front Street. This reduced the n umber of courts
from six to five. All five courts continue to experience
heavy caseloads, and as such, the court calendars
remain full to the extent that court dates are being i ssued starting at three months in advance. Plea courts are often standing room only. The Senior Magistrate has increased his acting magistrate roster so as to
give opportunities to those in the legal profession to
acquire judicial experience and skills which would put
them in a position to elevate to the bench.
Line item 13050, Civil Records. The Civil Section is overseen by the office manager and is admini stered by one senior court associate, who has general
supervision over two court associates. This section


Bermuda House of Assembly provides case management and court services for the
resolution of civil cla ims up to $25,000, landlord and
tenant matters under the Landlord and Tenant Act
1974 , and the Rent Increases (Domestic Premises)
Control Act 1978 .
The filing fees for civil matters have not been
amended in over 20 years. Legislative amendments are required to increase fees for the preparation of
these files. The process has begun and has been
submitted to the Attorney’s General’s Chambers for a
review. There were 1,924 new civil cases filed in 2018. It is to be noted that this is the lowest number of
civil cases heard in the Magistrates’ Court for over the
last five years. As was noted in 2017, this may be as a
result of the improvement of the economy, which al-lowed potential litigants to meet their financial oblig ations.
There has been an intention to increase the
civil jurisdiction of the Magistrates’ Court to $50,000. If
this occurs, then this will invariably increase the number of cases filed and the overall number of cases dealt with in the Magistrates’ Court. This will require
additional staff to process the relevant court doc uments. The Civil Section of the Magistrates’ Court has
endured a number of staffing changes over the past
five years. However, this section is now fully staffed,
albeit some of these staff members are temporary relief staff. This section had a salary increase for each
post, based on the Job Description Review, and thus the reason for the 10 per cent increase.
Cost centre 13060, Family and Child Support.
The Family Court was established by Section 13 of the Children Act 1998 to exercise the juri sdiction co nferred upon the court by that Act. There are two Fam ily Courts, each comprising a magistrate and two panel members [male and female], pursuant to Section 12 of
the Magistrates’ Act 1948. The Family Court is a specialised court, which was create d to handle the speci fic needs of children whether born within or outside of marriage, and matters arising in respect of their cus-tody, care and maintenance, as well as violations
against the law on the part of juvenile offenders.
The Family Support Offic e serves the public
and the Magistrates’ Court by providing customer services, records management, and financial control.
This office also provides services to other government agencies such as the Department of Child and Family
Services, and Court Services.
The total Family Court caseload for 2018 was
2,014 cases, which represents a nominal decline of
4 per cent over 2017. The Family Court had an add itional 151 new cases filed in 2018. The number of
juvenile cases saw a 33 per cent decline when comparing 2 018 to 2017, and there was also a 20 per cent
decline in the number of Domestic Violence Protection
Orders (DVPOs) as of the 31
st of December 2018.
The total amount of child support payments
received in [2018] is $4,288,809, which is marginally
lower than the 2017 figure of [$4,582,552]. This repr e-sents a 6.4 per cent decrease, or equivalent to
$293,743.
In 2018, the number of cases heard under the
Children’s Act 1998 (which would include care orders,
access, maintenance, and care and control) increased by 7 per cent, or 41 cases, in comparison to 2017. By
year end (31
st of December 2018), the total number of
these cases declined by 4 per cent, or 49 cases. The $63,000, or 16 per cent increase, in this cost centre
comprises the regrading of posts from the J ob D escription Review, which was approved by the Joint
Grading Panel in late February 2018, as well as the
inclusion of funding for a substantive administrative
assistant post, which was erroneously excluded from
last year’s budget.
Line item 13070, Administration. Administr ation provides overall control of the personnel, facilities and financial resources of Magistrates’ Court. There
are six staff, which include the court manager, office
manager, administrative assistant, accounts officer,
and two court associates who perform all cashier services for Magistrates’ Court.
We continue to accommodate the needs of
the public by opening the cashier’s office during lunch
hours. Over the past year, there were 1,824 customers served during the lunch period from 11: 45 am to
2:15 pm. This is an indication that this service is being
heavily utilised; therefore, we will continue to remain open during these periods.
The total amount collected by Magistrates’
Court for all categories, including child support, equals the s um of $8,814,823 in 2018. The 3 per cent i ncrease in this cost centre comprises the pay scale
uplift from the job description review.
I would like to pause for a moment and
acknowledge the presence of the Learned and Ho nourable Attorney General, Kathy Lyn n Simmons, who
has joined the Chamber, along with her Permanent Secretary, Marva O’Brien, and the Controller of the Ministry.
Line item 13080, Criminal/Traffic Records. For
five consecutive years, between 2014 and 2018, the total number of outstanding war rants has steadily i ncreased. In 2018, there were 11,684 outstanding warrants within Magistrates’ Court, which is an increase
over the 2017 figure. The total amount of unpaid fines that have accrued as a result of warrants not being
executed has escalated to $2,395,312.32, as of the
31
st of December 2018.
Interagency collaboration has been beneficial
for the execution of warrants. Magistrates have made payment orders so that offenders could pay their fines over a reasonable period of time, thereby removing
the possibility of incarcerating them for default.
The Criminal Records Office of the Magi strates’ Court provides case management functions for
criminal, traffic and parking records. For the past year,
the Criminal/Traffic/Records Section processed a total
of 1,934 record requests as of the 31
st of December
1068 13 March 2019 Official Hansard Report

Bermuda House of Assembly 2018. This represents an additional 606 requests, or a
45 per cent increase, when compared to 2017.
In July 2018, the Police Criminal Records O ffice in Prospect closed their operations indefinitely.
Subs equently, the public were referred to the Magi strates’ Court for security vetting, and this resulted in
an increase in the number of applications received.
The $69,000 uplift in this cost centre encompasses
the approved pay scale increases from the Job D escription Review and funding of an unfunded post that
will be abolished. In its place, a new administrative assistant post will be created to provide dedicated
administrative and clerical support for two independent boards.
Turning now to line item 13090, the Bailiff’s
Office. This office provides for the service and exec ution of court papers inclusive of the Civil, Family and
Supreme Courts, and Foreign Service. There is one
Head Bailiff/Deputy Provost Marshal General, one
administrative assistant, and fiv e bailiffs, who travel
throughout the Island serving court processes. During
the past year, the bailiffs were assigned 2,207 doc uments for service. There were also 37 Writs of Exec ution Orders executed in 2018, which was more than
double the number of orders executed in the previous
year. As at the 31
st of December 2018, the Bailiff
Team were successful in executing 87 per cent of
their assigned documents, which was a significant
increase over the previous year. The success was
primarily due to a decrease i n documents issued by
the courts. The 2019/20 estimated budget for this cost
centre has declined largely in part to an overstatement
of $53,610, being the erroneous inclusion of an ad-ministrative assistant (temporary relief) salary in the
2018/19 budget.
Revenue

Hon. Kim N. Wilson: With respect to Revenue, Mr.
Chairman, revenue reported in this section is up to the
calendar year ending December 31, 2018.
Traffic and Parking Fines. The major components of revenue are traffic and criminal fines. The total a mount recorded for traffic fines was $2,247,845.
Of this amount, $443,625 was for parking fines and
$258,584 was for criminal fines. These amounts tend
to fluctuate in line with the volume of offences pros ecuted, the number of successful convictions, and t he
levels of fines imposed. There are significant collec-tion difficulties associated with recovering court fines, such as locating offenders —often, repeat offenders —
which leads to outstanding warrants.
It is to be noted that, in June 2017, the Traffic
Offences Procedure Amendment and Validation Act
2015 [TOPA] was implemented in law. The amend-ment to this Act increased the parking fines from $50 to $75 and altered the receipts of revenue from the
Accountant General to the Corporation of Hamilton.
Soon after the Act was passed, the Corporation of
Hamilton assumed the responsibility of managing the traffic wardens from the Bermuda Police Service. Currently, the traffic wardens enforce parking regulations
within the City of Hamilton and the Town of St.
George’s .
From the 1
st of July 2017 to the 31st of December 2018, over $617,000 has been collected by
the Magistrates’ Court cashiers from parking ticket
fines. However, the Financial Controller for the Mini stry of Legal Affairs has disclosed that the Bermuda
Gove rnment paid out a total of $420,200 in parking
ticket fines in 2018 to the Corporation of Hamilton. There are concerns that the Magistrates’ Court Cas hiers’ Section provides all of the resources to collect
parking ticket fines on behalf of the Corporation of
Hamilton, and these resources are funded by the
Government of Bermuda. There is no financial rei mbursement by the Corporation of Hamilton to cover the
costs of collecting their fines. And, as 100 per cent of
the fines collected are transferred directly to the Corporation of Hamilton, it results in a loss of revenue to
the Bermuda Government.
Court Fees for the Supreme Court. Mr.
Chairman, regrettably, the fees collected for Supreme Court matters has not been a revenue that has historically been recorded. The majority of Supreme Court
fees are paid by way of revenue stamps that counsel
and parties purchase through the Accountant General.
This uncaptured revenue needs to be recorded to
show the true revenue of the Judiciary. The Registrar
has submitted amendments to the relevant legislation
to the Minister of Legal Affairs, with recommendations
for increases to the Supreme Court and Court of A ppeal fees. These fees have not been increased since the implementation of the relevant legislation, which is a peri od of over 20 years. This clearly does not fall in
line with the true value of the services provided by the
department and is seriously outdated.
Court Fees for the Magistrates’ Court. The
revenue received to date for civil fees for 2018 is
$158,990. As st ated previously, the process has
commenced to amend the civil court fees. It is antic ipated that appropriate increases will be instituted
through the necessary legislation.
Liquor Licences. Mr. Chairman, $552,188 in
revenue was collected during 2018. While the number
of liquor licences granted declined when compared to
2017, the amount of revenue collected was in line with
2017 due to the introduction of the issuance of night
club licences. Still, the increase surpassed our expectations, as 2017’s increase was as a result of the America’s Cup activities. Proposals have been pr esented by the department to the Ministry in relation to the increase in liquor licence fees, which has the potential of producing an additional $400,000 in revenue
per annum, based on the sums received in 2018.
Stamp Duty on Deceased’s Estates. The value of a deceased’s gross estate is reduced by various statutory deductions and exemptions (such as the
value of primary family homestead and the spousal


Bermuda House of Assembly benefit) to determine the taxable v alue, or the net estate. A severe shortage of staff available to review
probate applications resulted in a sizeable reduction in
the number of probates processed and grants issued
in this last year. For the period April 2018 to January 2019 (representing 10 months), 105 grants were i ssued, resulting in a total tax assessment of
$1,094,233. For the period April 2017 to March 2018,
there were 152 grants issued, resulting in a total tax
assessment of $6,779,659.
It is to be noted that this figure includes an
assessment on a single estate in the amount of $4,521,441. It is to be further noted that an asses sment of this size on a single estate is not the norm.
For the period April 2018 to January 2019, revenue collected was $5,357,790. For the period April 2017 to
March 2018, revenue collected was $6,779,893.
Total Revenue for 2019/20, Mr. Chairman, is
as follows and can be located at page B -87 of the
Budget Book. In consideration of the current economic
climate, total revenues are budgeted to increase by approxi mately 16 per cent for the upcoming fiscal
year.

Capital Expenditure

Hon. Kim N. Wilson: Capital expenditure estimates
for 2019/20 are found at page C -9 of the Approved
Estimates of Revenue and Expenditure (Budget Book). The Judicial Department has been allocated a
total of $281,000 for fiscal 2019/20. Mr. Chairman,
$267,000 is allocated for court reporting. The remai ning $14,000 is intended to be used to purchase computer equipment that has fully depreciated in value.

ANNOUNCEMENT BY CHAIRMAN

HOUSE VISITOR

Minister, I would like to recognise the
presence of a former Deputy Speaker of the Honourable House, the Honourable Walter Lister.
[Desk thumpi ng]
[Committee of Supply, continuing]

HEAD 4 —ATTORNEY GENERAL’S CHAMBERS
Hon. Kim N. Wilson: Mr. Chairman, turning now to
Head 4, the Attorney General’s Chambers. That can
be found at page B -93 of the Budget Book. The mi ssion statement, department objectives and current
account estimates for the Attorney General’s Chambers are included in Head 4, and again are at page B -
93.
The mission statement is as follows: As legal
advisors to Government, the Attorney General ’s
Chambers is committed to providing hi gh-quality legal advice and litigation services and to drafting sound
legislation, ever mindful of the need to protect the
public interest and to safeguard and preserve the fundamental rights and freedoms enshrined in our Co nstitution. In doing so, we also pledge to uphold the
traditions of equity, fairness and justice inherent in the
legal profession, whilst simultaneously remaining on
the cutting edge of legal trends and technologies to
ensure that we are abreast of, and in accord with,
global trends.
The expenditure for the Attorney General’s
Chambers is $5,308,000. That has been allocated for
Chambers, and it represents a decrease in the sum of
$1,000.
Mr. Chairman, the Attorney General’s Chambers’ objectives are as follows:
1. to provide quality legal ser vices to the Government of Bermuda;
2. to provide advice, to all government ministries, departments and entities , on the law applicable to their operational requirements;
3. to draft legislation as required to implement
the Government ’s legislative agenda, to mai ntain Bermuda’ s legislative database, and to
support law reform;
4. to draft contracts, international instruments for
mutual tax information exchange, conveyanc-es and other documents required for public
purposes , and to provide advice on Private
Bills; and
5. to conduct litigation in the civil courts of Bermuda on behalf of the Government of Berm uda.
Mr. Chairman, line item 14010, Administr ation. The Attorney General’s Chambers is functionally
divided into six programmes. The first is Administr ation, which prov ides administrative support to the A ttorney General, Solicitor General and Crown Counsel.
This cost centre provides salaries for an office manager, a receptionist, a records management clerk and
an administrative assistant (Accounts).
It also supports the purchasing of office supplies that are common to all sections of the depar tment. The modest year over year increase is due to anticipated changes in the salary grading funds all ocated for an administrative post and an increase in
funding for the repair and maintenance of office
equipment.
Line item 14020, Advisory. Mr. Chairman, the
Advisory Section is responsible for providing quality
legal advice to all government departments, and to
conduct litigation matters brought by or against the government. Addit ionally, Advisory is responsible for
recovering debts owed to the government.
This cost centre provides salaries for one S olicitor General, one Deputy Solicitor General, two Sen-ior Crown Counsel, six Crown Counsel, three admini strative assistants and one pupil. The increase is due
to the additional costs for consultant services.
1070 13 March 2019 Official Hansard Report

Bermuda House of Assembly Line item 14030, Legislative Drafting. Mr.
Chairman, the Legislative Drafting Section advises
regarding proposals to introduce or amend legislation,
drafts primary and subordinate legislation for all go vernment departments, and provides advice and support to Ministers in the House of Assembly and Senate as their respective legislation progresses. This
section also provides advice to Ministers and the
Governor on legal and constituti onal issues and on
matters of parliamentary procedure.
The salaries provided for in this cost centre
include those of the Chief Parliamentary Counsel,
Deputy Chief Parliamentary Counsel, five Parliamentary Counsel, two Assistant Parliamentary Counsel, a
legislative database manager, a legislative editor, a
legislative administrator and a legislative database
administrator. The year over year budgetary decrease
is due to the reallocation of funding from salaries to
consultant services, which resulted in an annual savings of $46,000.
Mr. Chairman, line item 14040, Revised Laws
of Bermuda. This cost centre supports the consolida-tion, periodic revision and publication of the laws of
Bermuda. It is responsible for providing Members of
both Houses of the Legislat ure, businesses, lawyers,
and the general public with access to the revised statutes and regulations of Bermuda. It also supports the ongoing consolidation of primary and subordinate le gislation.
The year over year decrease is due to antic ipated savings fr om other cost centres within the Mi nistry to support software maintenance for the ProLaw
system.
Mr. Chairman, line item 14050, Debt Collection. The Debt Enforcement Unit within the Attorney
General’s Chambers was established by the Gover nment to assist t he Department of Social Insurance and
the Office of the Tax Commissioner in the recovery of
unpaid Social Insurance contributions, payroll tax,
land tax and other taxes owed to the Government.
The cost centre provides salaries for one Crown
Counsel, one Junior Crown Counsel and an admini strator.
Line item 14060, Law Library. Mr. Chairman,
this programme provides for the cost of maintaining
the Law Library in the Attorney General’s Chambers, which includes the purchase of books and periodicals,
and the provi sion of access to leading online legal
information sources, such as Lexis/Nexis and
Westlaw. The modest increase reflects the increased
cost of subscriptions.

Capital Acquisitions

Hon. Kim N. Wilson: Mr. Chairman, the budget all ocation for Capital Expenditures can be located at page
C-9 of the Budget Book. The Attorney General’s
Chambers has been allocated a total of $5,000 for fiscal 2019/20. More funding has been given to Chambers for capital acquisitions. This funding is i ntended to purchase furniture and computers to replace
fully depreciated assets with no residual value.

Output Measures

Hon. Kim N. Wilson: Mr. Chairman, during the 2018
calendar year, 69 Acts were enacted and 155 statut ory instruments made. In addition to the annual budget
legisla tion and amendments relating to anti -money
laundering and anti -terrorist financing in preparation
for the CFATF on- site assessment in September,
there were a number of new and amending Acts to
give effect to the Government’s legislative agenda on
topics including initial coin offerings, digital asset
business, economic substance, family mediation, ps ychological practitioners, allied health professions and
evidence (audio visual link).
The Bermuda Laws website, which contains
all of Bermuda’s current laws an d subordinate legisl ation, is updated in real time from within Chambers, and we are continuing to make improvements to the
site. Since November 2018, as part of the e -Gazette
project, statutory instruments are now gazetted by publication on the website, which clearly indicates the
operational date.
Over the past budget year, the Attorney General’s Chambers received 15 mutual legal assistance requests, which is an increase of four in the number of
requests received in the previous year. Notwithstan ding this increase, the number of days for the Attorney
General to respond has remained constant.
With respect to staffing, Mr. Chairman, there
are currently three vacant posts within the Civil Adv isory and Litigation Section of the Attorney General’s Chambers —one Deputy Solicitor General, one Crown
Counsel, and one administrative assistant. The vacant post for the Deputy Solicitor General will remain u nfunded for the budget year 2019/20.
The current staffing levels of the Civil Advisory
section are as follows: one Solicitor General, one
Deputy Solicitor General, two Senior Crown Counsel,
six Crown Counsel, two administrative assistants, and
one paralegal to the Solicitor General. There have
been no staffing changes in the Debt Enforcement Unit.
In the Drafting Sect ion of Chambers, there are
currently no vacancies. There are currently seven Par-liamentary Counsel, which includes the Chief and
Deputy Chief; one consultant Parliamentary Counsel;
and two Assistant Parliamentary Counsel. In addition to these dedicated law yers, who are responsible for
drafting all Government Bills and statutory instr uments, the section is fortunate to have an excellent administrative team comprising four persons, each of
whom plays a vital part in the timely production, publ ication and cons olidation of legislation.



Bermuda House of Assembly Training and Development

Hon. Kim N. Wilson: The Attorney General’s Chambers includes within its mandate the development of
its professional and administrative staff. Members of the Civil Advisory and Administrative Sections o f
Chambers attended training and personal development courses offered by the Department of Human
Resources. Members of the Advisory Section also
provided in- house presentations on advisory and lit igation matters.
The Permanent Secretary for the Ministry of
Legal Affairs and the Solicitor General attended a pl enary session of the Caribbean Financial Action Task
Force [CFATF] in Barbados in November of last year. CFATF is an organisation of states and territories in
the Caribbean that has agreed to implement common
countermeasures against money laundering, and is a regional organisation that is associated with the F inancial Action Task Force (FATF). They attended various sessions, including the observation of activities surrounding the mutual evaluation proces s of the
Cayman Islands’ current risk assessment and the le vel of effectiveness of the Cayman Islands’ AML/CFT
system. The plenary sessions provided valuable tec hnical guidance as Bermuda prepares for an international evaluation process of its anti -money l aundering/anti -terrorist financing regime.
A Crown Counsel attended the International
Hague Conference on International Child Abduction in
October 2018, in Kingston, Jamaica. This professional
development will assist with his responsibilities on
behalf of the Attorney General under the International
Child Abduction Act 1998.
The Chief Parliamentary Counsel and one of
the Assistant Parliamentary Counsel attended a conference of the Commonwealth Association of Legisl ative Counsel for Drafters from the UK, Cro wn D ependencies and Overseas Territories, in Jersey, in
September 2018, regarding legislative challenges of
Brexit. On return, the Chief Parliamentary Counsel
gave a presentation to the Drafting Team to share
knowledge acquired at the conference.
Members o f the Drafting Section also attended training, management and personal development courses offered by the Department of Human R esources. One of the Assistant Parliamentary Counsel
continues work toward obtaining a drafting diploma,
offered online by the Un iversity of Athabasca in Canada. The other Assistant Parliamentary Counsel will start the course soon. Members of the Drafting Team
take turns in giving in- house monthly presentations
and lead roundtable discussions on drafting matters.

Initiatives for th e Upcoming Year

Hon. Kim N. Wilson: Turning now, Mr. Chairman, to
the initiatives for the upcoming year. A principal focus with respect to the Advisory Section will continue to be on the development of Bermudians in Chambers, particularly in using senior counsel to assist junior cou nsel and pupils with advice and guidance on advisory
and litigation matters. The Advisory Section intends to
fill the vacant post of Crown Counsel and the post of administrative assistant in the forthcoming fiscal year.
Improving the personal development of staff will r emain paramount by providing them the opportunity to
attend training courses offered by the Department of
Human Resources.
The Advisory Section, in addition, will conti nue to review contracts for the various minis tries and
departments to aid the same in making better dec isions in contract negotiations. The Advisory Section
will also continue to review the assignment of specific
counsel to provide advisory and litigation represent ation to ministries and departments. They will seek to
improve our case management system to reduce our demand for paper resources, as well as provide more
in-house presentations by counsel on a variety of l egal topics.
Turning now to the Legislative Drafting Section, Staff and Training. The principal focus will continue to be on the development of Bermudians in le gislative drafting. Experienced drafters, including the
Consultant Parliamentary Counsel, will continue to
mentor the Assistant Parliamentary Counsel so that
they will be able to draft independently.
The Legislative Information Management Sy stem, or the LIMS system. The legislation is produced
quickly and accurately using LIMS, which is customised to our Bermuda drafting style. This, combined with the important role of the legislat ive editor, has
kept the number of errors and inconsistencies found in legislation during House and Senate debates to a mi nimum, thereby expediting the legislative process. The
maintenance of LIMS is through a Canadian vendor,
who provides timely professional assistance whenever
necessary and regularly updates our software with the latest versions and technical support.
It is intended to continue to improve our dat abase and to post new laws within a week of enac tment on the Bermuda Laws Online website, whi ch is
www.bermudalaws.bm
, hosted locally by Fireminds
[Technology Solutions ]. Consolidation, which is the
incorporation of amendments into existing laws, is
more time- consuming, since the amendments are
checked by the drafters as well as the legislative database manager.
The goal is to continue to complete the pr ocess within one month of the enactment of the amending legislation, which has been achieved in the [last]
few years. Subject to resolving all outstanding tec hnical and security issues, with the assistance of the
Information and Digital Technology Office, it is antic ipated that legislation will be introduced in 2019 to declare this electronic online version to be the official law
of Bermuda.
1072 13 March 2019 Official Hansard Report

Bermuda House of Assembly This concludes that particular head, Head 4,
Mr. Chairman.

HEAD 23 —DEPARTMENT OF CHILD AND FAMILY
SERVICES

Hon. Kim N. Wilson: Turning now to Head 23, the
Department of Child and Family Servi ces. Mr. Chai rman, this can be located at page B -96 of the Budget
Book, and there is an errata that has been handed out
this morning, as well. Mr. Chairman, I would like to now present the 2019/20 estimates of expenditure for
Head 23, the Department of Chi ld and Family Services.
Mr. Chairman, the Department of Child and
Family Services is responsible for promoting and pr otecting the best interests of children, adolescents,
adults and families in order to enhance their social
functioning and their quality of life. The department
provides day care services; care and protection services for children; residential and home- based services for families; and assessment, intervention and
counselling services for children, adolescents and
families.
Mr. Chairman, the c urrent account estimates
for Head 23, the Department of Child and Family Ser-vices, begins at page B -96 and has an estimate of
$15,915,000 allocated to them, which represents an
increase of $200,000, or 1 per cent change, from the
original budget for 2018/1 9.
The Department of Child and Family Services
continues to focus on developing an integrated ser-vice that allows children, adolescents and families to receive services that are appropriate and coordinated,
thus meeting the needs of families and assisting them
with the diverse challenges that they face. These challenges include, but are not limited to, lack of parenting, social and life skills, the ability to maintain housing, secure employment, effective budgeting, the
abuse of substances, involvement in antisocial beha viour, cognitive deficits, educational challenges, mental
health issues and anger management. These all contribute to the diverse challenges that are now seem-ingly exacerbated by the challenging economic times
that families are facing.
The Department of Child and Family Services
is charged with the responsibility of promoting and
protecting the best interest and social well -being of
children, adolescents, adults and families. Mr. Chai rman, in order to meet these responsibilities, the D epartment operates four programmes:
• Programme 2301— Services to Children and
Young Persons;
• Programme 2302— Services to Individuals
and Families;
• Programme 2303—Residential Treatment
Services; and
• Programme 2304— Administration. Mr. Chairman, in the fiscal year 2018/19, the
Department of Child and Family Services continued
with its efforts of providing a seamless continuum of
services to children and families, by examining and
redeploying resources to meet changing programme and client needs. These changes continue t o be i mplemented, based on a performance quality improv ement focus that is consistent with best practice stand-ards. These standards are defined by accreditation
requirements in the area of human service provision.

Structured Decision -Making Tool

Hon. Ki m N. Wilson: Service improvements have
been achieved by the department implementing a strategy that begins with the enhancement of a Structured Decision- Making Tool designed specifically for
Bermuda, giving account to our social and cultural
norms. This tool utilises a comprehensive assessment
that ensures that clients receive the appropriate service from the appropriate agency. This process r educes referral duplication, closes previously identified
gaps in service delivery, and increases overall effectiven ess and efficiency of programmes. Utilisation of
this tool has resulted in an improved, comprehensive
service delivery system that has increased response
time to initial referrals. It enhances appropriate prior itising of referrals according to risks, and i t ensures
that the highest risks are addressed first, resulting in better responses and positive outcomes for clients.
Mr. Chairman, the Department of Child and
Family Services business units are discussed by pr ogramme, as follows:

Programme 2301— Services to Children and
Young Persons

Hon. Kim N. Wilson: With regard to programme 2301
(and again, I am still on page B -96, Services to Chi ldren and Young Persons), the Happy Valley Child
Care Centre is covered under this programme. The
estimate for this fiscal year is $1,038,000. The output
measures for the Happy Valley Child Care programme
are found at page B -99 of the estimates book.
For business unit 33010, there is a budget a llocation of $1,038,000 in this fiscal year. This repr esents an increase of $120,000, or 13 per cent, from
fiscal year 2018/19. This increase is a direct result of
staff increments. We continue to contain expenditure
within budget allocated for 2019/20, the feeding pr ogramme, the clothing programme and the enrichment
programme will have been curtailed so as to minimise
the impact on the wraparound services provided to
high-risk children referred for care and a head start, at
the Happy Valley Child Care Centre.
The Happy Valley Child Care Centre, the only
government -operated child care centre, provides highquality child care for children from three months to
four years of age and accommodates a maximum of


Bermuda House of Assembly 40 children. Most of the children are from the Pembroke, Devonshire and Warwick areas, but the centre
also has an intake of children fro m other parts of the
Island. Government has mandated that priority be gi ven to children referred by helping agencies such as the Department of Child and Family Services, Teen
Services, Financial Assistance, Department of Health,
and the Child Development P rogramme. These agencies, along with families experiencing various challenges, account for 60 per cent of the child care centre’s intake.
Happy Valley Child Care Centre’s monthly fee
is $400 for all children enrolled. If a child is in the care
of the Depar tment of Child and Family Services, they
do not qualify for the Child Day Care Allowance, and
as such, their costs are absorbed by the department.
During the fiscal year 2017/18 the amount of
fees collected was $192,000. It is most important to
note that t he cost per child is higher than the fees currently paid by parents. This is because the Happy Va lley Child Care Centre, a first -class facility, is specif ically designed to meet the comprehensive needs of
young children. It provides an extensive curriculum of
high academic standards, with trained teachers who
are continuously involved in professional growth and
development. It offers enrichment programmes that
encourage parental involvement and growth develop-ment to strengthen family functioning and improve
child development.
Comprehensive services offered at the Happy
Valley Child Care Centre include an intervention pr ogramme; a full nutritional programme that provides morning snack, lunch, and afternoon snack, which is monitored and approved by the Health Department’s
Public Health Nutritionist; mandatory parenting classes and involvement; movement; computer activities;
reading and writing, science and maths; community
service; field trips; riding; gardening; tennis and
swimming classes; along with other curriculum activ ities. These services are offered at the Happy Valley Child Care Centre to assist in the overall development
of the children at the centre.
In July of 2018, a class of 16 children grad uated from the programme and were well prepared for
attending preschool, with two of the graduates reading
at the emergent level. Happy Valley Child Care Centre consistently utilises child assessment outcomes for
classroom planning and individual intervention lesson
activities. The High Scope Curriculum and Asses sment Tool reflected outstanding results that validate Happy Valley Child Care Centre’s commitment to an
inclusive learning model. The results for infants, tod-dlers and pre- schoolers mapped steady improvement
in all areas of developmental growth.
Happy Val ley Child Care Centre received reaccreditation with no conditions from the Bermuda National Standards Committee for 2018, and it will be
up for their third re- accreditation in 2020. There is still
an increased demand for child care placement at the Happy Valley Child Care Centre. A full 150 applic ations were received for 2018/19, with the facility being
able to enrol only 20 new students. During the last
school year, four students withdrew, two relocated to
the UK, one benefitted from the pilot preschool pr ogramme at Warwick Preschool, and one transferred to
a private nursery. The inability to accommodate i ncreasing demands, coupled with the need of care for
special needs children, remain ongoing challenges
facing the Happy Valley Child Care Centre.
Mr. Cha irman, fathers and mothers are activ ely involved in parenting classes, school programme activities, parent/teacher conferences and social i nteraction opportunities with their children. Grandparents and extended family members have been pos itively involved in the centre’s programme as well.
Happy Valley Child Care Centre continues to
uphold its commitment to partnering with community
resources. In collaboration with the Child Development Programme [CDP], two- year-old assessments
are conducted at the centre; intervention services and
parenting classes are also provided by CDP onsite.
Happy Valley Child Care Centre continues to
serve as an internship site for the Bermuda College students enrolled in the Child Care Certificate Pr ogramme, as well as a community service site for pu blic and private schools. A broad range of community
activity involvement designed for children’s enric hment learning include giving out food to the elderly;
visiting senior care centres; visiting Dolphin Quest and
historical sites acros s the Island; and hosting its annual “Week of The Young Child” mini fair, which i nvites neighbouring nurseries and preschools in cel ebration of young children. This event is greatly supported by the centre’s alumni, parents, family and the
community.
Comm unity resources that support children’s
learning onsite are presentations from Sun Smart,
Dental Care from the Government Health Department, as well as Fire and Police Services. Support services
for speech occupational therapy and physical therapy
are also provided by the Government Department of
Health and the Child Development Programme.
Mr. Chairman, Happy Valley Child Care Ce ntre is housed in an older building that is in need of
constant maintenance and repair. We would like to
thank the Department of W orks and Engineering for
their commitment and supportive services in addres sing the maintenance needs of Happy Valley Child Care Centre throughout the year.
Happy Valley Child Care Centre endeavours
to maintain a first -class facility, while educating chi ldren in a safe, healthy and caring environment.
Mr. Chairman, on behalf of the Minister of Legal Affairs, I would like to take this opportunity to thank the staff at the Happy Valley Child Care Centre,
their active Parent Teacher Association (PTA), their volunteers and community partners for their continued
1074 13 March 2019 Official Hansard Report

Bermuda House of Assembly dedication to Bermuda’s most [valuable] resources —
our children. And our children are our future.

Programme 2302— Services to Individuals and
Families

Hon. Kim N. Wilson: Turning now, Mr. Chairman, to
programme 2302, Services to Individuals and Fam ilies, still maintaining on page B -96. The activities covered in programme 2302 are Intake, Assessment, I nvestigation, Family Preservation (formerly known as
Family Services), Foster Care, and Counselling and
Life Skills (formerly known as the Bermuda Youth
Counselling Services). The estimate for these activ ities for the fiscal year 2019/20 is $5,961,000. This
represents a $64,000, or 1 per cent, increase compared to the 2018/19 budget allocation.
Mr. Chairman, the Intake, Assessment and
Investigation Unit provides first response and protective services to the children of Bermuda. This is
achieved with the use of our Structured Decision-Making Tool that was referenced earlier. This tool,
when used in this area, provides guidance to the
worker, indicating the appropriate response time to
initiate having sight of a child, begin the investigation
and any related services required. The output
measures for this unit can be located in the Budget Book at page B -99.
Mr. C hairman, the Intake and Assessment
Team provides care and protective services to the
children of Bermuda. This is achieved through three
specialised units, namely, Screening, Investigations,
and Assessments Team, with a total of 15 staff. The output measur es for Intake and Assessments can also
be located at page B -99 of the Budget Book.
Mr. Chairman, the Investigation Team r eceived 1,139 new referrals on children. This was a slight decrease from 2017, when 1,222 new referrals
were screened by the Department of Child and Family
Services. The shift to one central screening system continues to have a significant impact on the number
of new cases that are processed for investigative or
assessment services within the department. All screenings are reviewed to ens ure that workers make
contact in the designated time frames, while providing immediate feedback to the referrer.
This service is reviewed quarterly to ensure
that best practice stan dards were maintained. This
team also achieved re- accreditation in October of
2018.
The Investigation Team completed 100 per
cent of the screening assessments in the stipulated time frames. Of the total number of cases screened,
917 were assessed as needing investigation or assessment services. Of the cases, 222 did not meet the
threshold for child protection and were therefore screened out and referred to other services within the
community. Mr. Chairman, referrals have been received
for the following types of abuse:
• Neglect , 465;
• Sexual Abuse, 244;
• Physical Abuse , 200;
• Behavio ur Problems , 100;
• Emotional Abuse, 84;
• Other Services , 46.
Mr. Chairman, the Investigation Team conti nues to see an increase in the number of children r eferred for child- on-child sexual abuse or sexualised
behaviour. These account for 51 per cent of the total
number of sexual abuse referrals. Children exposed to domestic violence have consistently accounted for the
highest number of neglect referrals for the past five
years. In 2018, the department received 209 referrals for children who were exposed to fam ily violence. This
accounts for 45 per cent of the neglect referrals for 2018. The vast majority of the referrals are received from the police (which represents 291) and the
schools (which represents 336).
Of the 917 who were screened in for invest igation and services, 528 have been closed or transferred within the department for additional supportive services. To assist with a better understanding of the
investigation procedure, the process includes the following activities:
• The referral is prioriti sed, based on the nature
of the report and can require a 24- hour, 5 -day
or 10- day response;
• The screening process will determine if police
involvement is needed;
• Records are checked to determine if the case is already known to the d epartment ;
• An investigation plan is developed;
• The child is interviewed;
• The parent or guardian, immediate family
members and other collateral resources are interviewed, when applicable;
• Witnesses are interviewed by the police;
• Medical and other assessment reports are obtained;
• The chil d’s immediate safety is assessed for
all in-home abuse cases ;
• A secondary interview may be required,
based on the information that is gathered;
• Determine if the report is verified (substantiated, suspected, inconclusive or unsubstantiated);
• The department conducts face- to-face contacts , based on the level of risk ; and
• An outcome letter is provided to the mandated
reporter and the parent or guardian.
The investigation process has two main purposes: (1) to gather as much relevant, factual information as possi ble; and (2) to assess to determine if
there are immediate services needs of the child and the family. This may include the department providing


Bermuda House of Assembly ongoing interventions from other teams or community
partners.
Mr. Chairman, the Intake Section continues to
work cooperatively with the families they are invest igating and assessing. When investigations are r equired on new and open cases to the department, a
safety assessment and plan must be completed on all
persons in the home. The goal of the safety asses sment is to ensure that the children are safe and that
the parent or guardian has agreed on the plan.
The primary objective is for the department
and the family to work together without seeking a
court order. As a result, the investigation social wor kers complet ed 589 safety assessments. This form of
engagement with parents allows the department to
ensure that the children are safe, while promoting and
preserving the integrity of the family. Risk asses sments are completed before a case is transferred or closed, a nd the team completed 552. The number of
safety assessments completed increased significantly,
432 in 2017.
Mr. Chairman, the Assessment Team is r equired to complete comprehensive assessments on children who are experiencing issues ranging from
substance abuse to cognitive challenges. The team
administered 257 assessments and completed 55 r eports that provided parents, social workers and other
professionals with clear recommendations for intervention and support services for each child and the
family. The A ssessment Team provides in- service
presentations within the department and in the community.
Mr. Chairman, the Foster Care Section of the
Department of Child and Family Services is respons ible for providing alternative living arrangements for
children under the age of 18 years old who are in
need of out -of-home placement. The team was r esponsible for a total of 88 children, their birth parents,
and foster families during the last budget year. This
represents a numerical increase by eight foster chi ldren, bi rth families and foster families from the year
prior.
During the last budget year, the Foster Care
Programme has serviced a total of 11 therapeutic foster children. The children in this category have a vari ety of physical, cognitive, emotional and behavioural
challenges. Therapeutic foster parents are compensated at a higher rate than traditional foster parents.
They sign contracts that outline the levels of care expected, based on the children’s needs.
At the end of 2018, a total of one child was
reunited with their birth parents. Six youth reached the
age of 18 and aged- out of the formal foster care sy stem, but continued to reside with their foster families.
Three foster youth were transferred to the PsychoEducational Programme during the year.
The Foster Care Coordinator recruited four
new foster parents this year. As the community changes, it has become increasingly difficult to recruit foster parents. Despite the challenges, the foster parents who are being recruited are of a high calibre and
willing to work in partnership with Foster Care. But we
still remain hard- pressed to have open and suitable
available placements for emergencies and hard- tocare- for children.
In May 2018, Foster Parent Awareness
Month, the Foster Care Team arranged a tea to hon-our all foster parents. Each foster parent was presented with a mug, a certificate and a personalised picture frame by the Minister of Social Development and Sports. The keynote speaker was a former foster
child, Janita Perinchief. Ms. Perinchief discussed th e
importance of foster parents, and her former foster
parents were present for the presentation. The department received numerous positive comments about
this event from foster parents.
Mr. Chairman, the department would like to
acknowledge the foster parents of Bermuda, our unsung heroes, who provide loving, stable homes to
children who have experienced significant trauma as a
result of abuse and/or neglect. Every day, they make a foster child’s life better by their numerous acts of
care and kindness.
Also, the department would like to
acknowledge the Foster Parent Association, who work
in partnership with the foster care team to support foster parents and provide the funds to enable foster children to participate in educational trips, attend specialised recreational programmes and to resource la ptops for school.
Mr. Chairman, the mission of Counselling and
Life Skills Services [CLSS] is to advance and promote the emotional wellbeing of youth up to 18 years of age
and their families . CLSS offers services that strengt hen the knowledge, skills, positive experiences and
support systems of individuals and families to make
healthy life choices. Individual and family issues i nclude, but are not limited to, family and relationship
dynamics, co -parenting, grief and loss, communic ation, trauma, and adolescent substance use.
In order to best serve the needs of clients,
CLSS counsellors work collaboratively with them to
complete specific assessments or screening tools to
measure progress, and treatment planning that is geared towards positive growth and development.
CLSS continues to align services and practices with
the Department of Child and Family Services’ strat egic plan. The aim of the restructuring of services is to
offer a more client -focused and efficient mode of se rvice delivery. The Department of Child and Family
Services requires that all referrals be made through
the department’s Intake Section. The referrals are
screened and assessed to determine the needs of the
individual child and their family.
Mr. Chairm an, to meet Council on Accredit ation [COA] standards, quarterly Performance Quality Improvement meetings occurred during this year to
review programme data and client trends; perform file
1076 13 March 2019 Official Hansard Report

Bermuda House of Assembly audits; collect client, staff and stakeholder feedback;
and perform staff development. We continue to align
services and practices so that they are consistent with
the Department of Child and Family Services’ strat egic plan.
CLSS facilitated Substance Education Groups
at CedarBridge Academy and Whitney Institute. In
additi on to the groups, CLSS team members provided
presentations to several community organisations.
The Department of Child and Family Services’
establishment of centralised intake and assessment
allows for a more coordinated assessment of client
needs and integrated service delivery. The total number of clients for 2018 was 187, and 105 youth and 82
parents received counselling services.
Mr. Chairman, new referrals for the year t otalled 77. The highest number of male referrals was in the 15- to 18- year-old age group, totalling 17. Among
females, the 10- to 14- year-old and the 15- to 18- yearold categories were the highest, with 11. It is i mportant to note that clients/families present with multi -
problem issues such as high- risk behaviours, adolescent substance m isuse, parent/child relationship i ssues, parental relationship issues, trauma, and em otional/behavioural issues. Family and emotio nal/behavioural issues are the leading trend.
We continue to receive domestic violence r eferrals; 30 parents and 20 children w ere referred during 2018. Services for domestic violence involve spe-cialised services for the batterer and the victim;
hence, clients are referred to community agencies for
services.
CLSS provided counselling to some children
who witnessed domestic violenc e, but this has hig hlighted a continued training need for this section and
other sections working with children who witness domestic violence. CLSS also provides assistance with
co-parenting services and support to children of divorce.
Mr. Chairman, I am getting ready to move into
another line item. Would you like for me to continue,
or would you like for me to move that we break for
lunch?

Thank you, Minister.
I would prefer that we break for lunch and r esume after lunch at two o’clock.

Hon. Kim N. Wilson: Thank you, Mr. Chairman.
I move that we now rise for lunch and return
at 2:00 pm.

Proceedings suspended at 12:28 pm

Proceedings resumed at 2:03 pm

[Mr. Rolfe Commissiong, Chairman]
COMMITTEE OF SUPPLY

ESTIMATES OF REVENUE AND EXPEN DITURE
FOR THE YEAR 2019/20

MINISTRY OF LEGAL AFFAIRS

Programme 2302— Services to Individuals and
Families

[Continuation thereof]

Good afternoon, Members.
We are now resuming in the Committee of
Supply in consideration of the Government’s Budget
and now we are still on the matter of Legal Affairs,
and those respective Heads are 87, 3, 23, and 4.
The Chair will now recognise the Minister Ms.
Kim Wilson.
You have the floor, Minister.

Hon. Kim N. Wilson: Thank you, Mr. Chairman.
Before we broke for the lunch break I was
debating Head 23 and I was referring to [programme]
2303, Residential Treatment Services, which can be
located at page B -96 of the Budget Book.

Thank you.

Hon. Kim N. Wilson: The activity covered in pr ogramm e 2303 is Residential Treatment Services.
These services include the Brangman Home, the Ol eander Cottage, the Youth Development Centre, and
Administration.
For this programme there is a budget alloc ation of $7,173,000 and this represents a 2 per cent, or
$170,000 decrease, from the 2018/19 budget alloc ation.
Residential Treatment Services provides a
continuum of intervention services to children between
the ages of 12 and 18 years. These are adolescents
who are deemed to be at risk in the community and
requiring care and protection in a safe and structured
environment. All children placed in this service are on
Care Orders and as such become the responsibility of
the Director of Child and Family Services.
Residential Treatment Services program me
provides 24 hour services. The young ladies are l ocated at the Brangman Home while the young men are receiving temporar y services at Oleander Cottage.
The Youth Development Centre is currently
closed due to extensive renovations and it is being
fully upgraded to meet the needs of the children and
safety standards as out lined by our accrediting body.
This has been an extensive process as the building
was found to be in need of more renovation than ini-tially thought. As a result, the decision was made to
do complete and major renovation to the building, r eplacing the windows with shatterproof glas s, new air


Bermuda House of Assembly conditioning systems to replace any window units,
new security and fire alarm systems, which will include
upgrades to the camera systems to protect both chi ldren and staff and assist in any investigations should
the need arise. When operational, it is utilis ed to pr ovide one to one and special management of residents
based on their needs as indicated by ongoing evaluation, and if they are placed in Care of the Director as a
result of criminal behaviours.
Brangman Home has also had renovations
recently, however, recent rains have exposed some
weaknesses in the roof and this is being addressed,
and has caused us to have to replace furnishings i nside t hat were water damaged by the leaks. The r epairs will also bring two of the bedrooms back online
as they were impacted by mould, mildew and water
damage. A recent survey of the security and alarm
systems has shown the need for upgrades and add itional cameras, and this is also being addressed.
Mr. Chairman, the inclusion of family is a key
component of the service provision, when this is not
possible, alternative community -based relationships
and resources are used to develop an appropriate plan.
The program me at Residential Tr eatment
Services also includes the monitoring of clients on transition in preparation for family reunification. The goal is to have children transition within 12 months of
placement or to implement an individual plan that may include independent living, de pending on age and
family circumstances.
During the 2018/19 budget year, Residential
Treatment Services provided community -based services to children on transition in the community, as
well as those eligible for discharge. This has resulted
in a more seam less response to clients and families.
Residential Treatment Services offers group
living, individual and group counselling, family as-sessments and interventions, parent groups (as
needed), vocational and educational planning, and life
skills development. Aftercare and interagency interaction services are based on the individual needs of the
adolescent.
Residential Treatment Services remained
within estimated costs for the 2018/ 19 budget year,
however, we have been faced with many challenges related to the number of children receiving services,
the bed space available, and the emotional and behavioural challenges they present. As a result , we
have received provisional accreditation status until we
can address current state of the physical plant and
bed space. The administrative responsibilities assoc iated with accreditation dictate that we continue to
maintain a four -year strategic plan and the breaking
down of that plan into achievable annual goals. These annual goals are ongoing objectives and include the expected outcomes for the program me. The quality of
ongoing service is evaluated by a Performance Qual ity Improvement system (PQI). The PQI consistently reviews data related to the profiles of clients and the
ongoing evaluation of the services provided. Thi s process is designed to ensure that R esidential Treatment
Services is responding to the needs of the client and
is consistent with best practice standards.
The fiscal budget for 2019/ 20 continues to r eflect the d epartment’s commitment to ongoing quality
improvement based on sound statistical data and empirical research. In 2018/19, client data again indicated that the majority of children requiring this service
had family relationship issues and childhood trauma. Due to trauma- induced behaviours with resi dents,
RTS continues to utilis e therapeutic and family components of the program me, maintaining its partnership
with Cornell University as they continue to provide
RTS staff with Therapeutic Crisis Intervention [ TCI]
and Children and Residential Environment s [C.A.R.E. ]
training. Both the Therapeutic Crisis Intervention and Children and Residential Environments training curriculums are based on empirical research and provide a foundational philosophy and tangible behavioural
management skill set for staff to provide effective care for all children and families that experience crisis in
their lives.
Mr. Chairman, RTS provided in- house services for 20 adolescents in 2018. This total included 9
males and 11 females. Cli ent services included case
management of children as indicated by individual
assessments and service plans. Interventions inclu ded cottage program mes, transition, family reunific ation, and aftercare.
Client profiles for 2018/19 indicated that
100 per cent of adolescents involved in the services
had family relationship issues; the majority of children, both male and female had experienced childhood
trauma, including abandonment, abuse, grief , and
domestic violence. This data demonstrates the wide range of specialist services required for dealing eff ectively with the children and families in need of our services.
Mr. Chairman, with a continued focus on the
best interests of the child, in [the] 2019/ 20 budget year
RTS will engage in a restructuring exercise as we anticipate working even closer with ot her agencies and
community resources to st reamline services and to
maximis e the use of existing resources.
To give some statistical data of the client base
we are experiencing within RTS, the data from 2018
highlights trauma as a prominent factor for the young
people placed in RTS. Of the components featured in
the trauma category, neglect, attachment difficulties and abandonment represent the most profound challenges, 89 per cent of clients experienced neglect,
84 per cent experienced attachment difficult ies that
have adversely affected their ability to engage in healthy interpersonal relationships. One hundred per
cent of all children at RTS have parent /child challen ges. Seventy -four per cent of the client population experienced mood distur bances or disor ders. Forty -
1078 13 March 2019 Official Hansard Report

Bermuda House of Assembly seven per cent display learning chal lenges. Mental
illness/ cognitive challenges is evi denced across
63 per cent of parents of children in the RTS pr ogram me, 53 per cent are substance dependent, d omestic violence among the adults has been wit nessed
by 40 per cent of the residents and has likely contri buted to their trauma. One hundred per cent received
psychiatric or psychological interventions for the year,
for 37 per cent of the residents , housing difficulties
represent a barrier to dis charge. Eight of the 20 residents at RTS have been identified as long- term as
they have no plausible fam ily reunification plan.
Over the previous year Residential Treatment
Services has successfully met the majority of the planned outputs/outcomes, which can be seen on
pages B -100 and B -101 of the Budget Book. Statist ical data and the performance quality improvement process have been consistently used to monitor qual ity and to determine changes needed to improve the
service provided. The 2019/ 20 budget is designed to
continue providing resources that allows this pr ogram me to provide a quality service to children and
families.
Mr. Chairman, t he Department of Child and
Family Services [DCFS ] Family Preservation Team
operates under a sound case management and assessment model, which comprehensively assesses the family and child’s needs and develops service
plans with the family and child and stakeholders to
maxi mise intervention and positive outcomes for the
families. The ultimate goal is to reduce/eliminate the
circumstances in the family that have been, or are
causing abuse or risk of abuse ( whether it is emotional and/or physical) to the child and to maintain the
child or children in the home environment.
In order to achieve this goal, Family Preserv ation Services of Department of Child and Family Services require its social workers and social work assistants to manage cases in compliance with both Family
Preservation standards and in accordance with the
Policies and Procedures of the Department, Structured Decision- Making (SDM) assessment, reasses sment and Service Planning proc esses. This report will
highlight the performance of the Family Preservation
Team and the client outcomes for the calendar year
January through Decem ber 2018. The report will also
highlight some of the objectives of the Annual Plan for
2019.
Mr. Chairman, the DCFS Family Preservation
Team receives cases from the DCF S Intake Team
and from DCFS Out -of-Home Services ( which is Foster Care, Psycho- Ed, or Residential Treatment Services). Family Preservation is tasked with providing
ongoing intervention to monitor and ensure the safety
of children at risk of abuse or neglect, assist families
to improve family functioning, increase child well -
being, reduce t he need for placement in out -of-home
care, and to enable children in out -of-home care to
return safely to their families. Family Preservation Services are provided to
clients of the Department of Child and Family Se rvices, either via consent of the parents or under the
authority of a Family Court Order. If child safety is an
assessed concern by the Intake investigators, Family
Preservation Services is mandated.
Mr. Chairman, upon consent, Family Preservation Services are also provided to a young person transitioning from the Care of the Director at the age
of 18. The purpose of this service is to reduce the lik elihood of future harm and to provide support and assistance to the young person as the Family Preserv ation workers or management has improved during
2018 as case load numbers are slightly decreased.
Excuse me. And as the Family Preservation workers
are required by SDM protocol to increase contact with
families based on the f amily’s level of assessment
risk. In simplest terms, high risk requires once weekly
minimum face -to-face contact, moderate risk requires
twice monthly minimum face- to-face contact , and low
risk requires once monthly minimum face- to-face contact. All levels of risk also require collateral contacts.
Mr. Chairman, t he appr oval by Cabinet of the
reorganis ation of the Department of Chil d and Family
Services and the concurrent approval to recruit, has
begun to show its benefits with the department begi nning to allocate staffing resources ac cordingly. Once
completed, this will allow DCFS to accommodate the increased need for Child Protecti on Investigation,
Family Preservation and Foster Care Services
through best practice standards, and reducing the i mpact of increasing caseload overload on staffing r esources. The consequence of inadequate staffing r esources in child welfare can have catast rophic cons equences on the child and family. Caseload management has improved during 2018 as caseload numbers
have slightly decreased ; however , the complexity of
cases and risk levels has been high, thus the job of
the Family Preservation worker remains a very inte nsive and complex enterprise. Management Services’
job description reviews were completed in the third
quarter of 2018, thus allowing recruitment to bring DCFS staff ing at 100 per cent in alignment with the
approved reorgani sation. It is the depar tment’s goal to
have recruitment into vacant positions completed by the beginning of the second quarter 2019.
Mr. Chairman, the data below is an overview
of the statistical outputs and outcomes for the Family Preservation T eam for the calendar year 2018. This is
also found on page B -100 of the Budget B ook.
• Family Pres ervation currently consists of seven Social Work er/Social Work Assistant
teams. In accordance with Cabinet approved
reorgani sation, upon completion of full r ecruitment in 2019, Family Preser vation will
consist of eight Social Worker/Social Work
Assistant Teams, thus improving caseload management.


Bermuda House of Assembly • For the calendar year January 2018 to D ecember 2018, the Family Preservation Team
has served a combined total of 151 families and 238 children. (This c ompared to 2017
numbers of 195 fami lies and 214 children.)
This represents a 22 per cent decrease in
families over the prior year ; however , the
number of children within these families i ncreased by 24. This is an indicator of larger
family sizes being referred.
• During 2018, [a total of] 57 new cases were
referred to Family Preservation. Throughout
the year a total of 64 cases were closed. All
closed cases were void of child safety or child protection issues at closure. Nine cases were
trans ferred to out -of-home services ( such as
Foster Care and Psycho- Ed) due to an increased safety risk in the home.
o 49 achieved Service Plan goals/no
child protection issues at closure;
o 5 aged o ut and declined further services ;
o 6 declined Ser vices. Assessment i ndicated family would benefit from services ; however , no safety issues at
closure;
o 4 were classified as “Other.” All relocated to the UK with parents or other family member s;
o 8 transferred to Foster Care;
o 1 transferred to Psycho- Ed.

• During the year there were 110 new ref errals
of children to Intake of parent/guardian abuse/neglect on open cases to Family
Preservation representing the following:
o 1—for physical abuse ;
o 2—for sexual abuse ( from a noncaregiver) ;
o 12—emotional abuse;
o 82—n eglect ;
o 8—children beyond paren tal control;
o 5—service r equest for preventative
support .
We note that “neglect ” remains as the highest
category of referrals on open cases at 74 per cent of
the refer rals on open cases. Family Strengths and
Needs Assessments completed on all families to
guide Servi ce Planning identified the following as top
issues or areas of need affecting our families:
1. Coping Skills/Mental Health/Cognitive Functioning;
2. Resource Management or Basic Needs;
3. Parenting Skills;
4. Social Support System s; and
5. Household Relationships/Family Violence
Mr. Chairman, i n 2018, Department of Child
and Family Services made concerted effort s to increase the skills of its front -line family intervention workers in engaging and meeting the needs of the
clients we serve through the introduction of the
Homebuilders Core Curriculum. The training is designed to introduce the team to the Homebuilders program me philosophy, program me structure and the
treatment practice that is fundamental to delivering
high quality Homebuilders Family Preservation and
Reuni fication Services. Skills attained were as follows :
• How to engage and motivate families in the
change process ;
• Structuring strategies for keeping family
members and themselves safe;
• To conduct a client -directed, holistic asses sment of family strengths and problems ;
• To or ganis e assessment information, develop
goals and evaluate outcomes ;
• Strategies for helping clients identify values,
strengths and goals ;
• To use the assessment information to develop
outcome- based goals ;
• To use research- based cognitive/behaviour al
interventions to help children and families
change ;
• To plan for maintenance of changes and successful termination of services .

Additional training is planned for 2019 in the
following areas :
• Motivational [Interviewing ,] which is a client -
centred approach to helping clients better u nderstand and resolve their ambivalence about
change ;
• Relapse Prevention, which the introduction to
the evidence- based strategies for addressing
and preventing relapse of addictive and other
behavioural problems ;
• Implementing cognitive and behavioural strategies with clients and teaching s kills to f amilies;
• Improving decision- making through critical
thinking;
• Working with families with domestic v iolence .
Mr. Chairman, at the core of Family Preserv ation is the understanding that if we can improve the
functioning a nd circumstances of the parent or adult
caregivers of the children, we can reduce the risk of
abuse and neglect of children. As such, it is vital that
we equip our staff to increase their skills at engaging
and providing intervention services to our families.
Family Preservation workers attended 129
court hearings over the year. This is a slight increase
of 16 hearing over 2017.
• 22—New Care Orders were granted;
• 2—Interim Care Order s were granted;
• 5—Care Order r eview s;
• 25—Care Orders e xtended ;
• 2—Care Order s petitioned, or Supervision
Order granted;
1080 13 March 2019 Official Hansard Report

Bermuda House of Assembly • 8—Supervision Orders granted;
• 4—Supervision Order review s;
• 20— Supervision Orders Transition ed to independent living:
o 1—Supervision Order petitioned/ Care
Order granted;
o 3—Supervi sion Orders discharged;
o 6—Protective Intervention Orders
were made;
o 3—Custody Care and Control ;
o 5—Supreme Court ;
o 7—Access update ;
o 2—Child Maintenance;
o 1—Traffic Court, Adolescent in Care;
o 6—Domestic Violence Protection O rders;
o 1—Recovery Order ;
o 6—Magistrat es’ Court for criminal
matter (17- year-old).

Data indicates a high number of Care Order
involvement with the Family Preservation caseload,
which may seem contrary to the function of the service rela tive to in -home intervention. We note that
Family Preserv ation joint case manages families with
Psycho -Ed and Residential Treatment Services where
the goal is reunification of children from overseas
placements or local residential placement. In addition,
Family Preservation was involved in three custody
applicat ions where Care Orders were anticipated to
be transitioned into Custody Orders with permanency
for the children with family members.
Mr. Chairman, the Family Preservation T eam
continues to strive in providing effective service to children and families. Performance improvement is an
ongoing endeavour, thus enhancing the opportunity
for improved client outcomes. The data gleaned from
2018 has been utilis ed to establish Annual Plan goals
and objectives for 2019, striving toward incr eased
positive client outcom es. The Department of Child and
Family Services commends the Family Preservation
Team and its coordinators for their commitment to
families through 2018.
Mr. Chairman, the activity covered in p rogramme 2304, Administration, can be located on page
B-96. The estimate for this progr amme for the fiscal
year 2018/ 19 was $1,557,000. The estimate for
2019/ 20 is $1,743,000 , which reflects a $186,000 or
12 per cent increase.
Mr. Chairman, the Administration section of
the department is responsible for the general superv ision of the agencies within the department. All staff
development and training is delivered via this section and as previously highlighted, training in all sections
of the department has been purposefully aligned with
the overarching goal of providing a comprehensive,
seamless [continuum ] of services that meets the complex needs of our client population. Mr. Chairman, t he Administration section is
responsible for reviewing all policies and procedures and making the necessary recommendations that will
expand the capacity, scope and quality of our social
service delivery system. Given the current fiscal r estraints coupled with the increase in demand for more
specialis ed and therapeutic services, the Administr ation section continues to review of all its r esources to
ensure they meet client needs.
Mr. Chairman, in this budget year the Administration section will finalis e the implement ation of its
approved re- organis ation structure and strategic plan,
complete recruitment so that the department is fully
staffed, and look for continued opportunities of performance quality improvement. Continue with moder nising the d epartment’s strategy of providing compr ehensive assessments of all referrals so that clients
receive the appropriate service from the appropriate
agency thereby reducing referrals and enhancing outcomes, t hus, ensuring that each section maintains
their accreditation status.
The integrated database for the Department
of Child and Family Services will further support the
high standard established by t he staff within the department.
As regards the Psycho -Educational programm e during the course of [the] 2018/ 19 budget
year a total of 20 clients were serviced overseas in
therapeutic placements for a complexity of issues identified across the Diagnostic an d Statistical Manual
of Mental Disorders (DSM) V Criteria of Mental Disorders. The purpose of the DSM V is to provide clear
descriptions of diagnostic categories in order to enable clinicians to diagnose and treat people with var ious mental health disorder s. Each client received an
assessment from local service providers that determined an individual ised treatment plan and intensive
interventions, according to the diagnostic categories
defined by the DSM V.
Mr. Chairman, the Psycho -Ed Committee in
the best interest of the child utilis es an overseas service provider that specialis ed primarily in providing
Clinical and Comprehensive Assessments at a un iversity hospital. The Implementation of such an assessment is utilis ed to assist the Department of Child
and Family Services in obtaining a clear and compr ehensive understanding of the needs of the referred
Psycho -Ed clients without an identified diagnosis or
those that did not engage at all with local service pr oviders. The comprehensive overseas assessment assisted in the development of a dynamic, individual ised
treatment plan that has facilitated the most appropr iate match of local community resources or an over-seas therapeutic placement that will meet the client’s
specific need. All children and parents involv ed in the
Psycho -Educational program me are informed of all
aspects of the programme before being placed. The court also speaks with the child and confirms with the
parents that they fully understand what is involved, the


Bermuda House of Assembly location of the program me, as well as the expected
length of stay. Parents who are able to travel are assisted, in many cases by either the department or the
program me their child is attending to visit for parent
weekend, which includes onsite family therapy sessions.
Mr. Chairman, a total of six Psycho -Ed clients,
were approved for an overseas placement at the Un iversity of Neuro- Psychiatric Institute for a comprehensive overseas assessment. The Comprehensive A ssessment and Treatment (CAT) program me at the
University Neuropsychiatric Instit ute, located in Utah,
offered our clients a four to six week, comprehensive
clinical evaluation in a safe and secure environment. The multidisciplinary treatment team assessed ps ychiatric and medical conditions, provided behavioural
and educational assessm ents, psychological testing,
therapy, and when necessary, addressed chemical
dependency issues.
The program me included psychiatric evaluations provided by board certified Child and Adolescent
Psychiatrists with diagnostic expertise in major depression, bipolar, schizophrenia, ADHD, reactive attachment, autistic spectrum disorders, and substance
abuse. The CAT programme conducted full psychological and neuropsychological testing and therapy provided by PhD psychologists . Most importantly,
CAT utilis ed a coll aborative approach constructed by
a complete multidisciplinary team consisting of child psychiatrists, paediatricians, psychologists, nurses,
licensed clinical social workers, recreational ther apists, art therapists, music therapists and education
speciali sts.
Mr. Chairman, two Psycho -Ed clients who
completed the CAT programme were recommended
for treatment in an overseas therapeutic placement
that matched the determined diagnoses and other
treatment recommendati ons. A definitive and compr ehensive report inclusive of a summary of findings, cli nical treatment plan and recommendations to meet the
clients’ specific needs is provided to the Department
of Child and Family Services, immediately upon di scharge, in a book format. The recommendations pr ovided will gi ve options of program mes that provide the
care required t o meet the needs of each child. As a
part of the review process every program me is reviewed both administratively as well as with a site vi sit, and they must be accredited by an organis ation
approved by the department, be approved by the D epartment of Homeland Security to admit international
students , and have family therapy as a part of their
program me. Each program me must have weekly contact with the Psych o-Ed Coordinator, and provide a
monthly report of the progress or lack thereof of the
child placed with them. Case reviews are conducted
on a quarterly basis and any changes to treatment
plans are made at that time. All children are seen ev ery six months by a staff member of the Psycho- Ed team and [a] once a year minimum one- on-one meeting with the Director.
The current data revealed that there are 20
children receiving treatment : 85 per cent were male
and 15 per cent were female; clients presented signi ficant problems in various DSM V multiaxial cl assific ations.
Mr. Chairman, this data is identical to the data
collected in previous budget years. Also identical was
that all Psycho -Ed clients had Axis V Diagnoses cat egoris ed as psychosocial and environmental problems.
A psychosocial or environmental problem was defined
in terms of a negative life event, an environmental
deficiency, a familial or other interpersonal stress, an
inadequacy of social support or other problem relating
to the context in which a person’s difficul ties developed.
Mr. Chairman, all Psycho -Ed clients serviced
overseas received the Global Assessment of Functioning (GAF) with a scoring range of 20 to 50. A
score of 50 is defined as having serious symptoms or
serious impairment in social, occupational or school
functioning, and 20 is defined as having danger of
hurting self and/or others. The result of low Global
Assessment of Functioning scoring required that all Psycho -Ed clients receive intensive clinical treatment
and a longer duration of treatm ent options coupled
with one- to-one staff interventions, psy chotropic me dications, frequent team meetings, psychiat ric hospita lisations, family intervention programmes and ther apeutic visits —all of which have increased and impac ted the program’s cost signifi cantly. This Global A ssessment of Functioning scoring continues to be ide ntical to the scoring of the 2017/ 18 budget year, found
at page B -101.
Notably, Mr. Chairman, 12 male , Psycho -Ed
clients serviced overseas, who were diagnosed as
conduct disordered, involved in antisocial and criminal
behaviours in the community had GAF scores ranging
from 48 to 51, with a mean of 50. This data correlates
directly with the definitions outlined, hence demanding
that the Department of Child and Family Services pr ovide specific intensive clinical treatment for a longer
period of time as well as an intens ive local family su pport plan.
Mr. Chairman, the Ministry of Education co ntinues to lack resources and is not equipped to service
clients who have conduct disordered or high risk in the
community. Consequently , applications are made to
the Psycho- Ed C ommittee requesting an overseas
placement for a young person who is not able to be
serviced in a t raditional school environment. A total of
22 Psycho- Ed clients, 100 per cent , received alternative education due to huge educational gaps prior to
being enrolled in an overseas therapeutic placement.
The Ministry of Education has had an increased demand to continue to seek alternate educational placements with local vendors in the community prior
1082 13 March 2019 Official Hansard Report

Bermuda House of Assembly to referring a child to Psycho-Ed for services overseas.
Large demands continue to be placed on the
Department of Child and Family Services as a result
of the Ministry of Education’s lack of resources and
the overall inability to service children in a traditional
school set ting. Without The High Risk Intervention
Team [THRIT ], the Department of Child and Family
Services lacks an adequate response to the inc rease
referrals for this group. Where skill set s and resources
allow, family and e ducational assessments and school
suppor t are provided by our Assessment, Counselling
and Life Skills Teams and our Residential Care Offi cers. Also, there has been no relief in the time spent
preparing court documents to support care and super-vision orders. Consequently , client contact time continues to decline due to the demands of the Family
Court process, guidelines and overall expectations.
To date, there are 10 clients overseas: 8
males, 2 females; and 2 Psycho -Ed referral s pend ing
a review by the Psycho- Ed C ommit tee. The ranges in
age are 12 to 18 years old with the median age being
15 years old. Often we are questioned on the value of
the program mes to the taxpayer, and yes they are
costly, but we must consider the value of our children,
and if we deem them to be paramount we must continue to provide those professional s who are charged
with their care and protection the resources and tools
needed to do what is in their best interest s.
Mr. Chairman, at this time we would like to
thank the staff within the Department of Child and Family Servi ces for their dedication to providing effective services to those families requiring the array of
services which they provide.
That concludes Head 23, Mr. Chairman.

Thank you, Mr. Chairman.
I thank my Honourable and Learned Minister
for her detailed presentation. And I also, if I may,
pause to acknowledge the presence in the Chamber
. . . I know the Attorney General and I see her walking
in now . . . Senator the Honourable and Learned
Kathy Lynn Simmons and, indeed, I see PS O’Brien
and her team here as well. So I recognise them here
in the Chamber.

Mr. Chairman, the very detailed
presentation by the Honourable and Learned Minister
focused on four specific heads of the Ministry of Legal Affairs, not all the heads, but four specific ones, as
you will be well aware.
And I have asked the Honourable and
Learned Minister if it suited her, subject to your views,
Mr. Chairman, but we have agreed, provided you agree, that we will deal with them in each head. That
is not to prevent questions being asked at the end by
anyone in the Chamber, but —

Starting then at Head 87, which
is the Ministry of Legal Affairs Headquarters, for the
benefit of those following along or those listening who
may have Budget Books, the Ministry of Legal Affairs Headquarters portion of the Ministry of Legal Affairs budget under Head 87 is dealt with at pages B -79
through to page B -84.
The Honourable and Learned Minis ter has
already read out the mission statement and depar tment objectives in her presentation and I, therefore,
just want to delve as a preliminary point into the
budget numbers as a whole here at page B -79 and B -
80.
We see that the numbers for 2017/18— and
that is the first column—were $42.5 million. And that was the year in which there was a transition in Go vernment. We then see that spending has increased in
the first year of the PLP 2018/19 from $42.5 million to
$47.9 million and that is an increase of some $5.5 mi llion, estimate. And now we have a PLP budget for
2019/20 estimated at $49.07 million. So we have had
a further increase of over $1 million since last year and an increase of over $6.5 million in the budget for
this Ministry in the past two years .
And I suppose the question that I would be
looking for [an answer for] from the Minister after just this general Head 87, the Headquarters, the first
ques tion, would be: Given those significant increases
in spending and significant projected increases in
spending, is this Ministry committed to bringing down
the cost of spending for this Ministry?
Looking then at the Public Sector Employees,
the Ministry, as you can see at page B -79 in the last
column to the left, previously in 2017/18, had 300 employees i n the Ministry. This is now projected to i ncrease in the next budget year to 315 employees.


Bermuda House of Assembly That, if my math is correct, is a 5 per cent increase in
staff, which I just calculated is the difference between
300 and 315. Now, we know from the Budget Stat ement by the Minister of Finance that this Government is not wanting to shrink the size of Government. Fair enough. That is their political decision.
But given those increases that I just pointed to
and the projected increases for next year, I ask a sim ilar question in respect of Public Sector, Is this Government and, particularly, this Ministry committed to
maintaining the size of this Ministry? Or are we likely to see further increases in the number of employees
in the next budgeted year?
Now for this head, H ead 87, there is no rev enue for the Ministry of Legal Affairs Headquarters and
we can see that from the revenue line for Head 87,
which can be seen at [page] B -79. And given that
there is no revenue and given that both expenditure and headcount seem to be going up, could the Mini ster—and this is my third question to the Minister —
could the Minister please explain briefly what the
thinking is of this Government in terms of expenditure
and headcount, given Bermuda’s existing high levels
of debt?
Turning now to page B -80 and the General
Summary in respect of the Ministry of Legal Affairs Headquarters that can be seen at the bottom of the left-hand side of the page, I would like to make a few
comments and pose a few questions on specific line item 97000, which is the first line item under 8701,
General, in respect to the Administration. Again, it will
help those who do not have a Budget Book in front of
them, perhaps, to know the background numbers and they are these: In 2017/18 (the transition year of the
Governm ent) the actuals were $847,000; in 2018/19
(and for the benefit of the listening public, whenever I
deal with that intermediate year I will always use the
revised numbers) the revised numbers went from
$847,000 to $872,000 against the preceding year.
The estimate now for 2019/20 is $1.3 million.
And, Mr. Chairman, that is a substantial increase, I
trust all will agree.
Now, if we pause for a moment and look at
the General Summary at [page] B -80, this shows that
in terms of the administrative costs the projected i ncrease between 2018/19 and the next budgeted year
of 2019/20 is a staggeringly large 41 per cent.
Now, I do note that the Department of Child
and Family Services was moved into the Ministry this year and so that brings with it the necessary extra
cost of another department coming from the previous
ministry to this Ministry. But that department —the D epartment of Child and Family Services —is a separate
head, with separate figures, and that is Head 23. So this 41 per cent increase is not related to the move of
DCFS ––unless I am mistaken, it is not related to the
move of DCFS into this Ministry ––and it does not
have any application to the increase of 41 per cent in the Administration numbers in the General Summary
for the Ministry Headquarters under Head 87.
And so, whilst I acknowledge that the Honourable and Learned Minister did comment on some
of the increases to the Ministry as a whole and spoke specifically under a separate head for the Department
of Child and Family Services about the increased cost
of Litigation Guardians (a matter which I will deal with
under that head when it properly arises) I do think it
would be appropriate —and this is my fourth question—for the Minister to give a little bit more bac kground and explain to the House the reasons f or the
increase in administration costs of 41 per cent in the
Ministry Headquarters, at line item 97000 at page B -
80. I trust the Minister will agree with me that a 41 per
cent increase is considerable and that the House
would benefit from a detailed explanation.
Also on that page, a few line items down, is
line item 97040, this is page B -80, and that is the entry for what we in the legal profession just refer to in
shorthand as NAMLC. But for the benefit of those who
do not like acronyms, that is the entit y responsible for
the National Anti -Money Laundering and that has
been moved out of the Ministry of Legal Affairs and
now moved to the Ministry of Finance, as I understand
it. And we can see that from line item 97040 that this
occurred at the end of fiscal year 2017/18 (in the left -
hand column). And for those following in the Budget Book who wish to, that move from one department to
the other can be seen at page B -116, but I do not pr opose to go there.
The 2017/18 fiscal year cost for NAMLC (N ational Anti -Money Laundering entity) can be seen at
line item 97040 as $644,000. Now, I know this is a
topic with which the particular Minister presenting on
behalf of the Attorney General is well familiar, because she has an oversight role additional to her Mi nistry for NAMLC —I am sorry —

[Inaudible interjection]

—for Anti -Money Laundering,
more generally. Thank you, quite right.
And so given that the Minister has those two
hats, can the Minister kindly speak —and this is my
fifth question—to the thinking behind the move of
NAMLC? And that need only be an answer to the
question at a very high level, but whether we are ge tting better benefit by having what one might view as a
regulatory and legal body having been to the Ministry
or not?
And that is not a criticism on my part, I am just
asking whether this has been a good decision, whet her the Bermuda Government is benefitting from this move because, on the face of it, it does seem like it
might be more naturally suited here, but no doubt
there were reasons for the move and, perhaps, those reasons emanated from the Opposition.
1084 13 March 2019 Official Hansard Report

Bermuda House of Assembly But I would invite the Minister, if she will, very
briefly just to explain whether or not the public is being
well served by that change to the Ministry of Finance
umbrella.
At pa ge B-81, staying with the same Head 87,
still on the Ministry of Legal Affairs Headquarters, just a couple of queries arising from the numbers on this
page. First of all, it shows under the line item Salaries,
that Salaries under the Legal Affairs Headquar ters are
up 59 per cent. Now, again, to be fair, I anticipate that
one reason for that will be that the Department of Child and Family Services having moved to this department has increased the number of employees in
the department, possibly. But I do not know if that is
the reason for the considerable increase in the salary amount or not. It may be the partial explanation, but I
would be grateful for the Minister just to clarify that.
Again, a long answer is not needed.
The bottom of that same box, again, we are
still at page B -81, still under Head 87, Legal Affairs
HQ, shows Grants and Contributions. And, as I un-derstand it, 100 per cent of the Grants and Contrib utions is to the Financial Intelligence Agency and I would just be grateful for confirmation that I have correctly understood that it is 100 per cent of the Grants
and Contributions and that there is not some other
grant and contribution in addition to the Financial Intel-ligence Agency that I have missed.
Two small questions: We see on the fifth ent ry
in the box —still in the same box on page B -181—
under Transport that there is a sum of $98,000 for
Transport for the Legal Affairs HQ and we would be
grateful just for a brief explanation as to what that r elates to.
And moving one line item below that to Communications, we see that there is a 16 per cent i ncrease in Communications. And during the Minister’s presentation of her brief, she did make some mention
of an additional PR element. I am afraid I did not have
the brief and I was taking a note and I am not sure I
got a full note of it. So I would be grateful if the Mini ster could confirm whether this 16 per cent increase in
Communications is related to the new PR element at the Ministry that the Minister referenced in her brief.
And if they are connect ed, if that is the same thing or
if they are not connected, what the cost of that new
PR element is separately.
Still under Head 87, I am going to tread on
what has been a little bit of a sensitive topic in this House and that is the suggestion that there is now a
new private consultant for this Ministry. And let me do
this respectfully because it is not my purpose to be personal and I know that the Minister without Portfolio
took great umbrage at the fact that his wife was being
criticised, and I do not cr iticise his wife in any way. But
I am elected here by the public as an MP, and one of
the few roles that I can perform in this function is to
ask questions, so let me ask them because there is a
lack of clarity here. Line item 9700, in relation to Salaries , at
[page] B -81, presumably that includes this consultant.
I would ask just the simple questions for now and I will
leave others to ask questions if they wish, but could
the Ministry and could the Honourable and Learned Minister on behalf of the Attorney General please confirm what role this consultant is filling? What the job
description is for that role? And what the qualifications
are of the individual who holds the role?
And I will leave, Mr. Chairman, my questions
there, but I think they are all legit imate questions to be
asked on behalf of the public and I would invite the
Minister to answer them as best as she is able on b ehalf of the Attorney General.
Turning now to the Minister’s presentation on
this particular Head 87, there were a few matters that
cropped up under her presentation in respect of Headquarters and, if I may, I will pose a few additional
questions from those.
The Minister addressed the 1974 Act in r espect of liquor licensing and spoke at some length in
relation to changes that are afoot, perhaps, already having happened internally, but not yet having been
announced in respect of the liquor licensing regime.
And, again, I do not want to drill on this too deeply, but
I would be grateful for . . . she said that there is a
modernisation of the process, Mr. Chairman, and I
would simply ask: How is the process being moder nised (very briefly)? She said that there is an expansion
of the classes of liquor licensing. I would be grateful to
know, what is the expansion of those classes? It may
well be that the Honourable and Learned Minister
does not have those matters at her fingertips, but I
would be grateful to pose that.
In her brief the Minister went on to speak
about the Sex Offenders List. That has been the su bject of a previous debate and I do not intend to return
there, but I would ask the Minister this, and that is:
There was considerable public outcry over the last week about the expansion of sentencing in respect of
a particular case that I will not comment on, and I just
ask this: Is exp ansion of sentencing in that particular
area something that this Ministry is currently considering?
The Minister then moved on to discuss trai ning at the Ministry and spoke about pupil masters at the Ministry. And the question I have, Mr. Chairman, is
this: We heard about Legal Aid Counsel —it is a point I
will come to in a moment —but we heard about the
new Legal Aid Counsel and the training that they were
going to be undergoing and I am just curious whether or not some of the budgeted process or, indeed, th e
regulations that may flow therefrom will include trai ning for those who now will serve as, what used to be called, pupil masters and mistresses. I think pupil s upervisors is now the modern term, at least in the UK. In the UK pupil supervisors —those who are training
young lawyers —have to go through extensive training
before they are let loose upon these young minds.


Bermuda House of Assembly And so it would be helpful to know whether that, too,
is envisaged.
The Honourable and Learned Minister then
moved to speak about child suppor t arrears and a un ified court, Family Court, and mediation. So regressing
just for a moment, mediation is something that could
greatly . . . is already and could yet still greatly benefit
this Island as an alternative form of dispute resolution
and I encourage it to be adopted as best as it can.
The Minister spoke specifically though to the unified
Family Court and Mediation Service, and I note also that in the Throne Speech there was an announc ement from this Government about a new Dispute
Resolution Centr e. I cannot find any budgeted item for
that new Dispute Resolution Centre, which indeed
may not fall under the budget of the Ministry at all, but
I would be grateful for clarification as to whether that
is still progressing. And to the extent that this uni fied
Family Court and Mediation Centre is progressing,
whether one or the other will take precedence.
The Minister then moved on—still under this
same Head 87— line item 97030, which was dealing
with the Legal Aid Office and the Legal Aid Roster.
And she referenced a number of counsel who are on
that roster and referenced the fact that two specific
Queen’s Counsel are on that roster. And I am just
wondering how much of this roster is, in rough terms, is Bermudian attorneys and how much of this roster is
foreign attorneys? There not being many Queen’s
Counsel here, I know there are a few still in Bermuda,
but what is the process for the admission of Bermudian lawyers on that list?
The Minister then spoke in her brief —again,
still under this same head —and she r eferenced page
B-80, line item 97030, about enhancement in i mprovements in the processing of legal aid certificates.
For the benefit of the listening public, legal aid certif icates are certificates that entitle lawyers to be paid
when they are doing government -sponsored legal aid
work. And the Minister indicated that this process had been modified . . . the application process had been
modified to address concerns. She then indicated that
the 14- day period for turning the licences remained
the same. And so I would ask for just a bit of meat on
those bones to find out how the legal aid application process has been modified to address the concerns. There were many concerns, I know, at the Bar . . . but
how has the process been modified? Again, I am not
looking for a long answer but simply an indication of
what has been done to apparently address the con-cerns and solve that problem.
The Minister moved on in her statement,
again, still under this same head, still at [page] B -80,
to discuss Legal Aid Counsel and i ndicated that there
. . . it is intended, as I understood her, her statements
were forward- looking, it is intended that there are going to be three counsel for the Legal Aid Department and that that will be a Senior Counsel and two Junior
Counsel. My under standing from what she said (al t-hough I may not have got my note correct) was that
the two Junior Counsel are not yet hired. My question
is whether these are to be government employees or
whether these are to be independent barristers who
simply assist Leg al Aid as part of the panel.
The Honourable and Learned Minister then
talked about line item 97070, this is still, again, under
Head 87 of the Legal Affairs Headquarters, and talked
about the progression of a justice project involving
protection for witnes ses and referenced the sum of
$554,000 and said that the protection for witnesses
has led to an increase in successful prosecutions. And
I do not doubt the Honourable and Learned Minister
for saying that, it may well be true, but I am just cur ious if that was just a conclusion that had been drawn
by the Ministry or whether there was, in fact, evidence
for that correlation. Because if there is evidence for that correlation, then perhaps that is a project that
should be enhanced.
On to the topic of sanctions, the . . . I apprec iate that the issue of sanctions is probably up in the air a bit until we see what happens with Brexit and whether or not the departure of the UK from the EU —
if it happens and how it happens —will impact upon
the way in which sanctions fi nd their way down to
Bermuda. But presumably this is something that has
been given thought to. Historically and, as my learned and honourable friend knows —the Honourable Mini ster—this is by way of Orders and Counsel from the
UK, which take the EU sanctions , pass them through
Orders and Counsel and pass them down to us. Is it anticipated that this will no longer occur, or has any thought been given to that?
Just a few more questions on this head before
I sit down and allow the Minister to answer the points
raised and then move on to the next head, but the
Mirrors [Programme] has now been moved to the Mi nistry of Legal Affairs. And I was just wondering if the
Minister might touch on the thinking behind that and why that has happened.
Mr. Chairman, those are my questions for now
under this head. I may have some more once I have heard the Minister’s answers under this head, but I
propose to sit and hear those answers before moving
on to the second of the four heads covered in the de-bate.
Thank you.

Thank you, Shadow Minister.
The Chair now recognises the Minister, Ms.
Kim Wilson.
You have the floor, Minister.

Hon. Kim N. Wilson: Yes, thank you, Mr. Chairman.
And I thank my honourable and learned colleague for
those questions.
I will attempt to a nswer them, not necessarily
in the order in which they were asked, but more so in the order in which I have received the responses from
1086 13 March 2019 Official Hansard Report

Bermuda House of Assembly the Honourable Attorney General who, as I indicated,
is currently in the House, but sits in another location.
With respect to the questions concerning the
Legal Aid processes, there was an issue raised with
respect to the post and the processes for streamlining. And I can advise this Honourable Chamber that the
application processes for legal aid are currently under
review and the objective obviously, as I think I indicate
in my brief, is to streamline those processes and automate them to a certain extent as well. So that appl ication process is under review and being looked at
[regarding] measures to streamline.
With respect to the two current vacant posts in
the Legal Aid Department, those posts will be filled by civil service members and the recruitment for those posts is currently underway.
With respect to the Mirrors Programme, also
as I indicated in that [brief], it a ctually relates to one of
the first questions concerning the increase in Admi nistration. Part of that Administration cost does include the Mirrors Programme under Administration, line item 97000, as well as the Financial Sanctions (FSIU) that
also comes under 97000, hence, the increase in the
Administration head for both Mirrors and the FSIU.
And the Mirrors Programme was moved to better align
with the addition of the Department of Child and Fam ily Services which now, as we have indicated, does
come under t he Ministry of [Legal] Affairs.
And when that previous Ministry was di ssolved and certain departments were moved, they
were moved in alignment with the natural progression
so far as what works with what. And it was felt that the
Department of Child and Family Services and Mirrors should continue to be aligned together, hence, coming
within the auspices of the Ministry of Legal Affairs.
There was a question, Mr. Chairman, co ncerning the Unified Family Court and, at this point,
there has not been any allocation to the Ministry with respect to the establishment of the legislative fram ework during this upcoming budget session.
The question concerning the Communications
Consultant, as has been provided yesterday actually
during the . . . sorry, I think it was probably Monday,
previously by the Premier, the cost for the Communications Consultant does not come out of Salaries, but
comes out of the Consultancy allocation for the Mini stry.
The move of the Anti -Money Laundering
Committee to the Ministry of Finance was, in part, to
ensure better alignment with the portfolio, given the
resources that come within the Ministry of Finance.
And I am probably not speaking out of school by sa ying that that was also heavily lobbied and requested
by NAMLC to be under the Mini stry of Finance as o pposed to Legislative Affairs.
And the FIA is the only line item pursuant to
section 7 that receives a grant from the Ministry of
Legislative Affairs. Those are all the answers that I do have with
respect to the questions that have been asked heret ofore, Mr. Chairman.

I am grateful.
I would be grateful if the Learned and Ho nourable Minister were able to get such responses. I
appreciate it is not always possible to get them while
you are on your feet, but I would be grateful for an
indication that the questions asked will be answered
at some point if they can be.
Mr. Chairman, we have about, I think, an hour
left in this debate or just —

So I may pick up the pace a little
bit because I have got three more to get to.
The next major head of the four dealt with by
my learned and honourable friend is the Judicial D epartment or, as we more often say in shorthand, the
Judiciary. I am just turning to my notes.
That appears in the Budget Book, for those
who wish to follow along and have the benefit of a Budget Book, at page B -85 to page B -92. And, I believe, the Learned and Honourable Minister read out
the department objectives and mission statement, so I
will not repeat those.
And at page B -86 of the Budget Book is the
General Summary in respect of the Judicial Depar tment at Head 3. And the heading 0302 deals with the
Supreme Court and the Appeals Court, and line item
13015 deals with Courtroom and Chambers. And we see going across that line item, again, just to set the
background for these questions, the sum of $1.93 mi llion was the OBA budgeted sum for 2017/18; we see
then an increase in the first year of the PLP Gover nment from $1.93 million to $2.29 million; and we now
have in this budget the estimate for an increase in
2019/20 to $2.33 million.
I assume that I am on the correct line item,
13015 for Courtroom and Cham bers, in posing these
questions, and if I am not, it is simply that I do not
have sufficient information to know otherwise and if I
am to be corrected, I am grateful. But I understand
that there is a proposal now afoot and, indeed, this
Parliament is all going to move to a different building later in this calendar year to allow for renovations to
this building. And that one of those renovations, again,
on my limited understanding of it, is that the courtroom
beneath us in this House of Sessions is to cease and
to be converted for the use of Parliament.
If that is so, and I have no reason to doubt
that it is so, then will the Judicial Department under
this Ministry have one fewer courtroom than it already


Bermuda House of Assembly does? Or will this disappearing courtroom be moved
elsewhere? I ask, and I will have a few further questions in addition to that question, but the Minister in
her brief to the House identified that there was already
staff shortages at the court service and that there was
already overflow and the courtrooms were in demand,
and already pointed out that one of the courts —
specifically Court 4 in the Dame Lois Browne- Evans
Building —has now been converted to the use of the
Supreme Court. So there is even one fewer court now
for the [Magistrates].
So there is a short age of courts —at least that
is what we hear. And I am just wondering if the court
below is to disappear. What is the plan? And to tie
that into the Budget Book, there does not appear to be any projected cost savings for a disappearing court. If
you look at line item 13015, there is no apparent cost
savings by losing the court. Alternatively, if there is to be a new courtroom elsewhere, then what is the cost
of that refit, given that the budget estimate is only estimated to increase by some $50,000? That does not seem to equate to the amount to build out and refit
properly a new courtroom.
And if there is to be a new courtroom som ewhere and that cost is not yet costed in line item 13015, can the Minister kindly explain whether this
additional cost to the pub lic has been costed out and
how much any new courtroom that we may see has
been assessed to cost?
If we go back to page B -79, which is under the
General heading—and I am changing topic here to Revenue projections —[page] B -79 has the general
heading for thi s Ministry. And as the Ministry of Legal
Affairs Headquarters no longer has a revenue stream since 2017/18, at Head 3, the second revenue head
on that page, we see that the Judicial Department
does have projected revenue as well as projected
costs.
And, in fact, the Judicial Department is a revenue generator for the government because it meets
more money in that it costs. So, just to test that,
Head 3 under Revenue, we see revenues of $10.39
million for the Judiciary in 2017/18. That dropped to
$9.45 millio n in 2018/19 revised, and we now see a
revenue estimate for $10.2 million. And if we contrast
this with Head 3 under Current Expenditure, we see $7.7 million for 2017/18, and $8.47 million for 2018/19
revised, and then an estimate for the coming year of
$8.72 million.
So the point is that the Judicial Department is
a net revenue generator, Mr. Chairman, after expen ses, to the tune of just under $3 million in 2017/18. And
although the net revenue is projected to fall down to
$1.7 million, these are still chunky numbers. And I
would respectfully suggest to the Minister . . . and I
know the Minister said that a review of Magistrates’
Court fees was being carried out for the first time, I
believe she said, in some 20 years. But I would r espectfully suggest that there is an opportunity here for this Ministry to harness this revenue- generating asset
that is the Judicial Department.
And let me say how, because in the early
2000’s I was practicing as a barrister in London and
the UK court system shifted the way in which they charged fees. And I am talking about civil claims, but it
could apply to any claims, but let us just speak to civil
claims. And what they did was this: If a civil claim was
for $50,000, they had a basic rate fee (an entry fee)
that would be commensurate with the $50,000 claim
so that you did not deny access to justice to those less able to afford it. But if the claim was worth
£250,000 to £750,000 in the UK (it could be dollars
here), well, why not charge a slightly larger fee? B ecause these are larger numbers, these are going to
involve lawyers who are probably going to charge
more, and it probably, realistically, will involve more court time to deal with a more complicated commercial matter.
So the court staff is going to be called up and
rushed at the last minute to try to get this or that and
the other and the judge is going to be running around
dealing with a higher value case in that manner, [it is]
perfectly reasonable, I would suggest, to charge more
on a sliding scale.
And then you could ha ve high value cases
(which, again, is what they have done in England) and
you charge quite a lot. From memory (and I may be
wrong because I am working from memory) a claim
form issued in a high value case, which I believe was
above a million pounds (although it may have been
£750,000), was £1,250 to issue that claim form. That is a lot of money.
There is no reason why, given that a lot of the
high value claims are for clients overseas who use the
Bermudian justice system because they are companies based her e or because they have businesses
here, there is no reason not to charge a fee that is
commensurate with the level of the value of the case, in my submission.
Anyway, I would respectfully suggest that
perhaps the comprehensive review that is already be-ing carried out in respect of court fees in Magistrates’
could be carried over to the Supreme Court and that could be looked at.
Let us also, while we are here, look at . . . go
back to the Judicial Department and we were at page
B-87 (for those following along in the bundle) which is
Head 3, Judicial Department, continued, and we see
under the box to the bottom of the page on the right -
hand side under Revenue Summary two specifically
large revenues.
The first —and the Learned and Honourable
Minister spoke about this in her brief —is 8059, D eceased Estates. And we see that we have achieved in
2017/18 actuals of $6.7 million with projected est imates for this budget period of $6.8 million. During her
brief, the Learned and Honourable Minister explained
that there was a one- off occurrence of about, I b e1088 13 March 2019 Official Hansard Report

Bermuda House of Assembly lieve, $4 million that fell into one particular estate.
Yes, here I have it. This was in reference to 8059 line
item and it was talking about how $4 million fell in one
particular estate and that is why a particular num ber
was particularly high. I am afraid I was not able to
catch which number it was that was particularly high.
If it is the $6.7 million number that is particularly high,
then maybe the budget estimate of $6.8 for the coming year is itself high if we are not going to see that
recur. But it may be that I misunderstood and the $4
million fell elsewhere and I would be grateful for clarity on that point.
Again, I do like to try to be balanced and
commend the Government when I think it is doing the right thing and let just pause just on this point in Rev-enue to commend the Government for its promise to
make good on the effort to collect taxes that are due
and owing. And I think that is a great point and I
commended the Minister of Finance when he made
the point i n his budget speech. And just, while we are
here at this page, let me make that point good. We
are at page B -87, we are at the Revenue Summary
box, and we are down at line item 8869, Moving Traf-fic Fines, and we see actuals in 2017/18 of $2.27 mi llion, pro jected for this budget year $2.1 million. That is
an incredible amount of money sloshing around for parking violations, driving violations, parking tickets, et cetera. And whether it is true or not, the perception
amongst the Bermudian public is that this money goes
uncollected. And if that perception is incorrect it
should be clarified and if these monies are going u ncollected, then they should be collected because the
Government needs this money. And so I commend, again, the Government for its promise to make good
on its effort to better collect taxes.
Still under Head 3 and that line item, it would
be useful to know, a specific question for the Minister,
why the Government thinks that the line item will go
down in the projected year. I am not sure there i s any
discernible reason why traffic violations and human behaviour and parking tickets should go down, but it
may well be that it has something to do with the Corporation of Hamilton, I do not know.
Still on Head 3, still on the Judicial Depar tment, at th e top of the same page, we see the Subjective Analysis of Current Account Estimates. Again, in respect of Salaries, we see Salaries increasing from
2017/18 where they were $4.5 million and they are
now increasing to $5.99 million. And it may well be
that t here is a perfectly rational explanation for that
remarkable increase and it may well be that it has something to do, as before, with people moving into the department or different departments moving in,
but I would be grateful if the Minister would clarif y that.
Also, the last line item in that same box of
Subjective Analysis, on page B -87, we see that Other
Expenses, the last category there is moving from
$219,000 to $379,000. And I would be grateful if the
Learned and Honourable Minister could confirm the contents of that line item Other Expenses, which are
not discernible simply from the Budget Book, and why
it is that there is a dramatic increase in that number.
Moving now to the Criminal Injuries Compensation Authority, if we turn please to page B -89, the
business unit is 1300, at the top and we see . . . excuse me, 13000, at the top, Criminal Injuries. And we
see the second line down, the number of times the
board met (these are actual outcomes). In 2017/18 it
was five, in 2018/19 it was only once. Then, two lines
down we see the number of claims that were filed and, again, for the listening audience who may not be
familiar with the acronyms that we are using, the CICA
is the Criminal Injuries Compensation Authority. It is
the board that hears the claim s of people who are vi ctims of crimes and have suffered injuries as a result, sometimes in cases where they do not know who their assailant was. So these are people who are vulner able and needy in society. The number of claims that
were filed, it says $21 . . . at least in my copy of the
[Budget] Book unless there has been an errata page I
missed, and then in the next column it says $5, so I think there is a typo there that could be clarified.
If it assists, there was a very interesting piece
in the daily a few months back now about the Criminal
Injuries Compensation Authority. It was lamenting the
fact that it was not doing what it should do and it observed that there was a considerable backlog—severely backlogged —as a result of undergoing signi ficant inter nal transitions. And apparently the CIBC or
the CICB board said that they would be hearing from [them] shortly. We have not heard anything further about that as far as I am aware. Perhaps we have and
I have missed it.
But what I can say is that delays with the
Criminal Injuries Compensation Board are particularly
unfortunate because the injured who are seeking aid are the victims of crime—sometimes people who suffered injuries when they tried to prevent crime. And so to hear that they are being denied compensation, perhaps much needed compensation, because of delays,
is unfortunate. And to then see the actual outcome in
the performance measure at B -89 of the Budget Book
that it met five times in 2017/18 but only met once in 2018/19 is a bit disheartening, I would suggest, for
those claimants.
As to the typo error, or which I presume is an
error, it may assist that the reported figure that I found for the number of claims in 2017/18 was 16, which
does not . . . which suggests it is not simply the question of somebody putting a dollar in the wrong place
and I was not able to find the number of claims in 2018/19, so we would be grateful for an answer about
that.
Picking up now just on a few points, still under
this head, still under Head 3, there were a few points
in the presentation made by the Learned and Honour-able Minister under this section on Judiciaries. She
highlighted the staff shortage at the courts. This is


Bermuda House of Assembly something, as a barrister, I can speak to first -hand.
Let me pause for a moment and commend the court
staff because they do a remarkable job given the
shortages they face. And it is very, very difficult for
them to get the job done. And I know a lot of people have left the court services as a result. We understand that it should have 70 filled officers. We understand only 53 are filled, 9 temps, and that there are
vacancies of 11 per cent with an assurance that a target will be filled in 2019. So I very much hope that is
the case.
Additionally, the Minister spoke of the closure
of what she referred to as 113 Front Street. But that,
for those who do not know numbers on Front Street, is the old courthouse building down here. That has al-ready closed and that is putting pressure on the Jud iciary and so what I am wondering is . . . and I was
also very surpr ised to learn, as the Minister was, that
our “new” commercial courts are already nine years
old and have had their ninth birthday, but again it goes
to a point I raised earlier, what is the plan?
The Minister when referring to 113 Front
Street, the old courthouse, stated that it was “deemed unfit” for the Court of Appeal . . . deemed unfit for the
Court of Appeal back in April and May of 2018. She
did not say why and I would just like to, perhaps, have
an answer to that question if she will give it to the House. What was it about the building that was unfit?
And could it be put to use as a courtroom for someone other than the Court of Appeal or were there issues
. . . I know that there were issues with asbestos or
something similar (perhaps it was not asbest os)
downstairs, and there were problems with records, et
cetera, with mould. But could, perhaps, the Minister
explain what was deemed unfit in respect of that
courtroom?
The CourtSmart system was front and centre
in the daily paper either yesterday or the day prior where it was indicated that some long- lost CourtSmart
recordings that were believed not to exist had been found. And I will say no more about that case, but it
would be helpful to know that the Ministry is looking
into how it could be that CourtS mart recordings could
go missing and be missing for, I believe, seven- plus
years and then be found. And hopefully someone at the Ministry is keeping an eye on that question, lea ving aside any private law case that may be involved.
We had quite a lot of rigmarole earlier in the
year about the Attorney General’s decision to appeal the case on same- sex marriage. I do not wish to make
any political point on same- sex marriage, but I do
wonder what the current anticipated costs are of all of this. I know that there was an indication of a brief fee
for the QC for the Government. But, of course, as any
lawyer knows, one lawyer brief fee is not the totality of
the case because we will operate under a “loser pays” system. So if the Government loses its appeal to the
Privy Council —and I make no comment about that —
but if the Government loses its appeal to the Privy Council, how much does the Government anticipate
will be paid out by the Bermudian public in legal fees
for this appeal and for the Court of Appeal below and
for the Supreme Court of First Instance? All of which
will be paid, if ordered, by the Privy Council if there is a loss. What sort of number are we looking at?
The Learned and Honourable Minister then
went on . . . and I am afraid my note is incomplete, but
if I could simply ask her to repeat the point, apparently
there was a budget error and I think the number was
13060. I think it was due to [ Family] and [Child] Support, and it was said that there was an omission last
year because they forgot about an ass istant and the
pay was just simply left out. Again, I did not manage
to get a full note of that, and I would be grateful if the
Minister could just repeat that point of why there was
an error. And I am not faulting the error; people make human errors all t he time. But if you could just clarify
that point for the House.
The line item 13070 and, again, we are still
under Head 3, although I will try and move it along because we do not have much time, it was recognised under the Administration, but the court sy stem and the
payment offices, et cetera, are now being kept open
for lunch and that makes perfect sense. We—and we
are just as much a part of the Government as ever yone else, in the larger sense— we are here to provide
a service to the users of the government and it makes sense that those people who are working hard during
the day may only have their lunch hour to pay and this
is a sensible thing to do. And sometimes we need to
be a little bit more flexible about our approaches and adopt a common- sense approach.
Again, still on the brief presented by the
Learned and Honourable Minister, this was line item
13090, under this head and, again, my note may be
partial or incomplete, but when the Minister was
speaking to the Bailiff’s Office, I understood her to say
there are 37 Writs for Execution Orders. I do not know
what period that related to. I presume without knowing
that she was talking retrospectively about the calendar
year 2018. I would ask for that to be confirmed. Then
the Honourable Minister went on to say that that was
double from last year. If the number of Writs for Ex ecution Orders really has doubled from 2017/18 to 2018/19, that is shockingly unhealthful evidence of a
decline in the fabric of our society. And so I would like
it if that point could b e clarified so that we understand
it. I hope that I did, perhaps, mishear that. But if it has
doubled, year on year, that is not good news.
The Learned and Honourable Minister then
spoke to Revenue. I was pleased to hear that she said that collections were up. I understood her to say that
there was some difficulty on the collection of parking
tickets and who might be paid for it. I am slightly less
concerned about who is going to get paid for the collection of parking tickets, but that they are actually collected and that those who have been ticketed are
paying to the government.
1090 13 March 2019 Official Hansard Report
B ermuda House of Assembly The Minister then went on to talk about Supreme Court fees and the manner in which these are
dealt with. At the moment revenue stamps are placed on documents that go to court [and] they are pur-chased elsewhere. I understand the Minister to be saying that the Ministry, therefore, does not get the benefit of that revenue, but perhaps I misunderstood.
This was at page B -87 at 8401. But perhaps
revenue stamps . . . perhaps we should move beyond
that system or at least consider whether there is an alternative that might be more efficient and monitor payment in a better way.
At line item 8489, the Minister commented
that liquor licences are down, but the liquor licensing fees were up. I think she was referring to the period of 2017/18. She did reference the America’s Cup activ ities. Again, I have already posed the question on li quor licensing and the modifications that are going to
be made thereto and I would be grateful for some clarification on that.
Mr. Chairman, those are my comments and
questions on the second of the four heads, Head 3, the Judicial Department, concerning the Judiciary. I
may have more questions once I hear the answers by
the Honourable Minister or others may have que stions, but I will sit at this moment and listen to what the Minister has to say in response.

—the Honourable Kim Wilson.
Ho
n. Kim N. Wilson: Thank you and I will attempt to
answer the questions, not necessarily, forgive me, in the order in which they were asked.
However, with respect to the matter that was
raised concerning the liquor licence. The modernis ation includes two new classes of licence and a permit for catering and special events such as wine tasting. The Liquor Licence Act membership has been stream-lined from 10 persons to 7 members, which represent stakeholder groups such as hospitality and security. And the appointment to the membership of that committee will be made by the Minister as opposed to the Governor. And fines and fees will also be increased with respect to that legislation. And the Minister will also have the power to give policy directions and streamline the ap plication process.
And if I can pause now, I think, at 4:45 pm the
Honourable and Learned Attorney General will actual-ly be giving a press conference today to provide the public with further information concerning the Bill that was tabled this morning concerning the amendments to the Liquor Licence Authority. Also, there were a number of other points that
were raised, and I will just get to my phone in just a moment, but with respect to the question concerning the writs, as I did indicate, there were 37 W rits of Ex ecution Orders executed in 2018/19, which as the brief indicates, does represent a double of what was ex ecuted last year.
And the cost centre question that arose concerning the overstatement of a particular salaried post, it represented the sum of $53,610, which was as a result of an overstatement of an erroneous inclusion of an administrative assistant temporary relief salaried position that was previously in the 2018/19 Budget
Book.
There was also a question, Mr. Chairman,
concerning [page] B- 87, line item 8059, the Deceased
Estates, and that there was that $4.5 million one- off
estate. That actually was in the 2017/18 actual figures
of that 6768.
And . . . (let me just go through this) . . . I
crave your indulgence, Mr. Chairman.
Okay, there were a number of questions concerning the Judiciary. The Department of Public Works is actually working with the Ministry to ensure
that the responsible renovations and the relocation of
the courts and so forth are moving as quickly as pos-sible. So it is takin g up a team approach with the Mi nistry of Works and Engineering who, obviously, would be the ones that would be the charged Ministry as it relates to completing the works.
With respect to the issues that the Honourable
and Learned Shadow Minister raised concerning the increase in fees, I have to say I smiled because when we got to that point and when you were actually speaking of that, I think, had the Honourable Minister of Finance been sitting here and heard us speak
about stamp duties that had not been increased in 20 years —I think he would have been like start drafting
now! So, I take that point. I know the Attorney General
has indicated that she will also take that point up and
that this is part of the process which she is looking at
to streamline not only Chambers, but to create an eff icient Ministry which she has charge of, as well as to
seek areas of additional revenue streams.
There was another question that arose concerning the salary increases and there were a number of job descriptions that were c onducted as well as the
. . . and this increased the pay scales of a number of
employees, hence, the uptick in the salaries for many of the members of the civil service because of the r efinement of their job descriptions.
Just further to the questions concerning the
relocation of the courts and the costs associated, the
technical staff are in consultation with the Registrar to
ensure that the needs of the Judiciary are being ad-dressed and that, of course, is working in tandem with the Ministry of Public Wor ks.
Yes, regrettably, the issues surrounding 113
Front Street, the former Registrar. The Health and


Bermuda House of Assembly Safety Coordinator has indicated that the building was
deemed unfit, mostly due to toxic mould throughout
the building.
Oh, service of writs . . . to the Ho nourable and
Learned Shadow Minister, those were writs regarding the Supreme Court. The total documents assigned
were 2,207 of which 87 per cent were executed. So
that represented the service of writs just regarding the
Supreme Court.
And the final question that was asked just before the Honourable Member took his seat, concer ning the cost with respect to the ongoing litigation, the
estimated cost for counsel to Government to date is
likely between $120,000 and $150,000 . . . I am a ssuming, or pounds? Dolla rs. And the court . . . the
cost to appeal to Privy Council and the cost of r esponding to the appeal has not been finalised at the
moment and it may be subject to taxation and, as a
result, we will defer the answer with respect to further
details concerning that cost until such time, if it is
taxed.
And there were a number of questions that
were raised with respect to the Criminal Injuries Com-pensation Board. And as my honourable colleague
would know, that as a statutory board those types of
questions shoul d, perhaps, be best put to the Chair
with respect to the questions you asked insofar as
how often they are meeting and the like.
And I hope that I have satisfactorily answered
the questions, however, I am certain that the Learned
and Honourable Attorney General will be able to address these questions in another place during the
Budget Debate.
Thank you.

Forty minutes left.
Just on that last answer concerning the Crim inal Injuries Compensation Board, I accept that it i s a
statutory board, but my understanding is that it is also
an appointed statutory board and, therefore, there is
an oversight function. And sometimes if people are
not meeting, people need to ask them why they are not meeting, Mr. Chairman.
One other qu estion arising from questions,
and you kindly took me . . . this was in relation to the
Administration number at page B -80, this was Head
87, General Summary, line item 9700, and I queried
the 41 per cent increase. The answer that I understood you to have given on behalf of the Attorney General and the Ministry was that that can be explained by the Mirrors increase and by FISU (the F inancial Sanctions Unit). I just would like to clarify. If
you look at this box, the Mirrors Programme is a separate line item under 97090. So respectfully I do not
think the Mirrors is an adequate explanation for the 41
per cent increase. I cannot speak to FISU. I do not
know if that is related to line item 97010, which is the
second line item, or if those are separate . . . I think
they are separate.

[Inaudible interjection]

Yes, yes, yes, right. Oh, it is.
Well, I am grateful for your point.
So, respectfully, Mr. Chairman, I think the answer that was given probably was not correct. I do not
fault the Minis ter, but if a further answer could be
sought on that point as to why we have a 41 per cent
increase, because it would appear and, indeed, the
Honourable Minister has quite rightly agreed and
pointed it out as well that those have separate line items —the tw o things that were mentioned.
Mr. Chairman, moving then . . . and I am
afraid I will have to pick up the pace a little bit, but this is now the third of the four heads and this head deals
with the Attorney General’s Chambers. For those fol-lowing along in the Budget Book it is Head 4, which can be found at pages B -93 to B -96. And if I could just
pick it up at a quick point at page B -93, General
Summary, line item in relation to the fourth line item down, 14050, which relates to Debt Collection, and the ques tions . . . Mr. Chairman, I will pause just for a
minute because there are specific questions to be posed.

[Inaudible interjection]

Head 4, page B -93, and line item
. . . it is the fifth line item down, 04050 Debt Collection.
Thank you.
And just a couple of specific questions regar ding Debt Collection and if these numbers are not
available in the room, then I would be grateful for an
indication that they will be answered in due course.
Firstly, how many cases of debt collection are
outstanding?
Secondly, how many of those claims have
been actioned?
And thirdly, how much has been collected?
And if those are actual per calendar year, I am
happy to have the 2018 numbers, or if you only have
pro rata numbers for 2019, I would be happy t o have
those numbers [also].
Turning then to the presentation, let me just
turn up my notes. This is under Head 4, Attorney
General’s Chambers, again, at [page] B -93.
The question that I posed earlier is also rel evant here and an answer has been given an d that is
1092 13 March 2019 Official Hansard Report

Bermuda House of Assembly about the cost of the appeal. And now the Honourable
and Learned Minister has helpfully given the view that
the costs of counsel for the Government in that appeal
are likely to be $120,000 to $150,000. And the suggested answer is that we will hav e to wait for taxation
to know what the cost of all other parties are. I would
have anticipated that the other parties involved would
have had to give cost estimates to the court as part of
the process and, therefore, one would expect the A ttorney General’ s Ministry to be in a position to say
roughly, at least on an estimated basis, how much this cost bill is going to be if the Government loses. I take
the point we will know what it actually is when it is
taxed. It is a very fair point. But I would hope that the
Ministry would have at least some sort of idea of what the estimated number is or may be.
The Honourable and Learned Minister spoke
to the Bermuda Laws website and the line items that
are relevant here, I think, are 14040, Revised Laws of
Bermuda, and 14060, Law Library at the Attorney
General’s Chambers. Let me just say as a practitioner that the automation or the computerisation of our legal
frame of reference is extremely useful. It is useful not
only for lawyers who need to have access to decided
Bermuda authority, but it is useful to parliamentarians
who wish to have access and immediate access to
statutes, and it is useful for members of the public who interact in legal situations, who want to do their
own research as to law or want to know what the laws
of Bermuda are.
And I have personally been very impressed by
the ease of use of these systems by this website and
by the ability to find legislation, proposed legislation, up-to-date legislation very, very quickly. I think I heard
the Honourable and Learned Minister saying that
these are updated in real time by the Attorney General’s Chambers. That was my note. If that is so, and I
accept what she says, you know, that is remarkable
and something that is to be commended. And I would
firmly thank whoever it is who is sitting somewhere
plugging this data into the system because it is of
great benefit to the public.
The Honourable and Learned Minister also
mentioned that requests for mutual legal assistance
which, again, for the benefit of those less f amiliar, is
when another jurisdiction asks us to do something for
them or asks the court system in Bermuda to do
something for them. It has increased and I believe,
again, my note may not be accurate or full, that she
said there were 15 requests and I am assuming,
again, without knowing that that is the calendar year
2018. If so, that is quite a burden and I wonder, wit hout knowing, whether any fee for service is charged
by Bermuda to other jurisdictions or if this is just done
as a courtesy and, perhaps, t here is statute that r elates to that.
But if it is permissible for small fees to be
charged as part of the court service process, you
know, there are many countries around the world who might be willing to pay that or there are many parties,
because often, as my learned and honourable friend
knows, the request is being made on behalf of a lit igant in a foreign court and sometimes those litigants,
if they are driven, will pay what is necessary in certain jurisdictions [and] they can recover those costs from
the other side if they win. So, again, something just to
be given some thought. I do not require an answer on
the point, but if that is something that can be looked at
. . . and no doubt my honourable and learned friend
will tell me that it will not work f or some reason I have
not thought of.
The budget is a budget of $5.3 million for the
Attorney General’s Chambers and in terms of the salary increase I believe, again, it is my note which may
not be perfect, but I [wrote down] a modest year over
year increase in salaries . Respectfully, in looking at
the numbers I am not sure that this is correct. I would
say it is not very modest for salaries of $3.6 million in
2017/18 to increase to $4.29 million in 2018/19. That
is not to fault the people who receive those salaries
who, no doubt, work very hard and, indeed, I have
commended whoever it is who is putting that data in at
the Attorney General’s Chambers, and I have commended the Court Service who work very hard. But,
respectfully, I am not sure that it is appropriate to d escribe that as a modest increase in salaries . . . a
jump of such a high level.
That, Mr. Chairman, concludes my questions
on the third head, which is Head 4, Attorney General’s
Chambers. The specific questions that were posed
related to debt c ollection. I will sit . . . I may have further questions once I have heard the answers, but I
will sit and wait for those answers and then if there are
any further questions, then move on to the final of the
four heads, which is Head 23, Department of Chil d
and Family Services.
Thank you, Mr. Chairman.

You may proceed.

Hon. Kim N. Wilson: With respect to the questions
that w ere asked concerning the Debt Enforcement
Unit, the total number of outstanding debt owed to the
Government . . . the Attorney General’s Chambers is
not charged with actually recording that total information. That is information that would lie within the
Ministry of Finance.
However, the Debt Enforcement Unit assists
in various departments under the Ministry of Finance in recovering many of the outstanding debts. So I
think the particular details insofar as payment plans and the like would be obtained from the Ministry of
Finance because, oftentimes, they are the ones that


Bermuda House of Assembly will enter into the payment plans with the debtors as
opposed to initiating civil proceedings against them.
The other issue concerning Administration . . .
I do not have the page in front of me, but the question
that you raised concerning Administration, my hon-ourable and learned colleague and Shadow Minister is
correct. That 41 per cent at line item 97000 —

[Inaudible interjection]

Hon. Kim N. Wilson: Beg your pardon? Yes, line item
97000, thank you, the $389,000 increase of 41 per
cent is due to $242,000 representing fees for the Litigation Guardian, and the Communications Officer
[with a] fee of $105,000.
That is all that I have, Mr. Chairman.

Thank you, Minister.
The Chair now recognises the Member from
[constituency] 23.
Hon. Patricia J. Gordon -Pamplin: Thank you, Mr.
Chairman.
Mr. Chairman, just very briefly and if the Mi nister has time to respond, if she is able to get the i nformation at the end of the debate, I am just curious
how many actual cases were actually undertaken by the Debt Collection Unit? Not the amount, how many
cases were undertaken during the course of the past
year?

Thank you, Mr. Chairman, just to
clarify an answer that was just given. I had pointed out
a 41 per cent increase and we had looked at [page] B -
80 and it was line item 97000, and the answer as I believe was just given is the increase in cost of 41 per
cent is the L itigation Guardian cost and the consultancy fee, and I did not get that, was it $185,000? I did
not get the number.

Thank you.
I know that there are still some questions outstanding of the three previous heads, but let me now move on very quickly to the fourth and final head, which is, again, for those following along, Head 23 in
relation to the Department of Child and Family Services.
Let me start again as I did with some of the
previous heads and just give a bit of grounding. If we
turn . . . the pages for this head can be found in the
Budget Book at [pages] B -96 to B -102. And for those
who were not present in the House, we have been provided with two errata pages so that the Budget
Book, the original page B -96, is now substantially corrected. Likewise, the Budget Book at page B -97 is
now substantially corrected.
I am doing the best I can to compare, Mr.
Chairman, the errata corrections with the originals.
What appears to be . . . and I will deal first with [page]
B-96. If anyone is looking at it, on [page] B -96 you see
the tabulations against the line item numbers, you see
the actuals for 2017/18, you see the originals and the
revised for 2018/19, and you see the 2019/20 est imates. Those appear all to be the same, both on the
original document in the [Budget] Book and the errata. Where all the numbers change is on the differential, in
the final doublewide column on the right -hand side,
where it compares 2018/19 with 2019/20. And these
numbers actually are substantially different and,
again, I appreciate human error and I am guilty of it often. I can only imagine that perhaps someone left the old column from the original last year or som ething, but they are substantially different. So anyone
who is listening or following along will wish to obtain a
copy of the errata.
Likewise, the next page B -97, again, doing the
best I can, it would appear that the various fiscal ye ar
periods, including the original and revised for 2018/19
are the same, and, again, that the difference arises in
the double column with the comparison. But the numbers are substantially different and anyone who was
trying to look at the original Budget B ook would have
difficulty I suggest.
Before going on to some specific points and
questions, I think it is helpful just to ground the budget and then compare it with the 2017/18 period when it
was a budget of $13.36 million and now it is projected
in 2019/20 to go up to $15.91 million.
Now, we have heard just now in an answer
from the Minister in respect of the Administration costs
in the Headquarters, and specific line item 97000, that
the 41 per cent increase there was owing to the Litigation Guardians, in part. And logically one would conclude that the circa $2.5 million increase here in the
Department of Child and Family Services is, therefore,
not relating to the Litigation Guardians. But I am happy to be corrected on that point, but it seems that it
cannot be in both places at the same time, it is either
in one or the other. I am not being critical, I, for one,
have called out for the benefit of Litigation Guardians on numerous occasions.
1094 13 March 2019 Official Hansard Report

Bermuda House of Assembly It is interesting (and I say no more than the
word “interesting”) that the presentation today by the
Minister, which included a presentation of the D epartment of Child and Family Services, did not men-tion at all, unless I missed it, anything about the r ecent, and I will use the word “scandal” that has happened at DCFS. I t is interesting, and here I am on line
items 2301 and 2302 the operations cost in respect to
their dealings with children, that there have been a bject failures in relation to DCFS and that we have . . .
still have very little understanding about the ongoi ng
allegations and their investigations into the neglect
and abuse. That is an argument for another place and
another day. But the argument for today’s purposes is
this (still at [page] B -96) what plans are now in place
to make sure this never happens agai n?
And that is the question that I pose in relation
to DCFS together with the preliminary question, which
is why the budget is going up from $13.36 million to
$15.9 million if, as I understand it from the previous
answer to the question, Litigation Guardians are budgeted for somewhere else?
And I have a few more questions on Child and
Family Services, but I think the general public would
benefit greatly from those two answers before I pose
them.
Thank you, Mr. Chairman.

Thank you, Shadow Mini ster.
Are there any other Members that wish to
contribute or raise questions with respect to Head 23,
Ministry of Legal Affairs [Department of Child and
Family Services]?
The Chair now recognises the Honourable
and Learned Minister, Kim Wilson.

Hon. Kim N. Wilson: Thank you, Mr. Chairman, and I
appreciate the Honourable Shadow Minister’s question.
Notwithstanding that it is not directly related to
Head 23, I think that it is safe for me to say that the
Honourable Attorney General has indicated in public
the actions that were taken, her addressing . . . she
has made public statements concerning the particular
case and matter to which the Honourable Shadow
Minister is referring. So I think it is a matter for public record what statements have previously be en made
by the Attorney General with respect to the subject
matter.

Thank you, Mr. Cha irman .
I was very careful in the question that I posed
and I will repeat it because I think it deserves to be
repeated. I was not asking about the case, whether that be the investigation or any of the three investigations or whether that be the claim by t he Litigation
Guardian against the Attorney General, I am not as king about that.
I am asking about how the Minister and the
Ministry proposes to put in place things to make sure
that the allegations, if true, are not repeated. That was
my question, and I hope I have made it clear this second time around if I did not the first time.

Thank you , Honourable and Learned
Member, Shadow Minister.
The Chair now recognises the Minister.
Hon. Kim N. Wilson: Yes, Mr. Chairman, I am not
sure that there is anything else that I can add further
to this.
As I have indicated, I am holding this matter
on behalf of a Member who sits in another place. I know that there have been a number of public pr onouncements made by the Attorney General Ms.
Kathy Lynn Simm ons concerning how this matter has
been addressed and the steps by which she will e nsure that that takes place. She has made it abundantly clear that safeguarding our children is our number -
one priority and I know from her first -hand, personally,
that that certainly is her commitment. And that the
statements that she has made publicly addressing this
issue stand for themselves.

Thank you, Minister.
Are there any other Members that wish to address any of these heads, I might add, or pose questions?
The Chair now recognises the Opposition
Leader Mr. Craig Cannonier.

Hon. L. Craig Cannonier: Thank you, Mr. Chairman.
Good afternoon to everyone.
Over on Performance Measures, [page] B -99,
at the top, number two, number three, (A) and (B).
With n umber two it says minimum of 70 per cent of
parents to engage and complete parenting classes.
There are some good numbers here, actually, and I
want the public to know that these are some good numbers that we are seeing [in] the actual outcomes
and then, of course, to see those numbers increasing,
it will be interesting to see the actual outcome for
2018/19. But I suspect that it will be high as well.
So I guess what I am curious about is how
many parents does this actually represent? How many parents are we actually talking about here? Because
[it says] the minimum of 70 per cent, and then it says
we are accomplishing 90 per cent —what does that
physical number actually represent?
If we move down to 3(A) it says, “satisfaction
with services” and, you know, this is a particularly
emotive and emotional head involving families. And
we have all heard where families have been conBermuda House of Assembly cerned or complaining, it could be legitimate, it may
not . . . some of those concerns may be unwarranted
in some instances, but there is a lot of frustration from
many families out there who find themselves in this
particular position in working with the department. So it says here “satisfaction with services.” You know, in
light of what has been taking place here lately I am
just curious as to what is the measurement tool that
we are using to assess this satisfaction? What is the
tool, the survey, or the questionnaire that is used?
It would be good for the public to understand
that this particular department head is doing all that it can do and more, maybe, in some instances. I find
that sometimes when people do not get answers they
make up answers. And so it would be good to be able to get some details as to the kind of tool and questionnaire is being used so that the public can know
that the satisfaction tool that is being . . . that the d epartment is performing or being assessed by makes
sense and that it is diligent.
And that goes also for three as well, 3(B), satisfaction with services —referral sources. I am making
an assumption here, obviously, they need to be r eferred to, many families with different, other areas that are being used, and what are the tools that we are
using to even assess when we have to send some
kids away in measuring whether or not we are being . . . that the outc omes are being satisfactory? If they
are not being satisfactory, then what is then the next course? If we are referring our kids away for help,
what then do we do after that case?
And then, also, further on down under bus iness unit 33020, I may come back t o this here, it says,
measures discontinued, see measures and targeted
outcomes below. And so I see this here where it act ually gives numbers and that is good, but number of
referrals screened using structural design, number
four, making tools to determine if they meet the
threshold to be screened in or out of the department, can we get a little more information because this is a
new measure, as they are saying. Can we hear ma ybe a little more about what that is and how it is meted
out? It would be good to get an understanding of that
so that the public is aware of what the department is
doing.
And I say that only because, Mr. Chairman,
we want to ensure and we believe that this head is
doing all that it can to be successful and so we want
to dispel some of those rumours that might be out
there by giving the public more information.

Thank you.
I just want to caution Members that we have
approximately 11 minutes remaining, in total.
The Chair now recognises the Honourable
Member from constitue ncy 23.

Hon. Patricia J. Gordon -Pamplin: Thank you, Mr.
Chairman. Mr. Chairman, I just very briefly would like to
ask, in respect of page B -100, under business unit
33070, the Brangman Home, the average cost per
resident at the home per day, we had a rev ised for ecast . . . well, we had an initial forecast in 2018/19 of
$600 a day, a revised forecast in 2018/19 of $416.67 and a targeted outcome of $340. That is nearly a
50 per cent decrease . . . well, it is a 40 per cent d ecrease between the original forecast of 2018/19 and
the targeted outcome for 2019/20 and I am just wondering where these savings are coming from.
And similarly, in respect of the Observatory
Cottage—that was Brangman Home, I had for the O bservatory Cottage— and that is business unit 33090,
on page B -101, the average cost per resident at the
cottage per day was . . . the actual outcome was $502
in 2017/18, it was budgeted at $650 for the original forecast and then that forecast was revised downward
to $595. We do not have a measure for 2019/20 and I
am just wondering what it is intended that that cost is
likely to be revealed at.
Thank you.

Thank you, Mr. Chairman.
I just a few follow -up questions that were still
live for Head 23 and I will just go through those in s equence.
We were under Head 23, and I noted [on
page] B -99, under business unit 33020, and it says
investigations screening the number of children who
are protected from ongoing child abuse and it is
100 per cent. This is a department whose very purpose is to protect those who need protecting.
During her brief, Mr. Chairman, the Learned
and Honourable Minister menti oned when she was
discussing the number victims of domestic violence, I
believe in reference to calendar 2018, although that
was not clear, that there were 30 parents who were
victims of domestic violence and 20 children coming
to DCFS. And that is a staggering number, I think, for the listening public to know that in one calendar year
20 children are victims of violence like that and that is
probably just those we know about because that is
those who engage with the department.
The other thing that was said, again, on this
theme, is talking about percentage numbers of abuse and neglect. And I believe (this is my note, so it may
not be right, but) there is apparently neglect in 74 per
cent of open cases, I think, is what my Learned and
Honourable Minister s aid—74 per cent. And that too is
a very disheartening number. The Minister then discussed Family Care O fficers and their attendance at court hearings and referenced the number of 129 court hearings over the
1096 13 March 2019 Official Hansard Report

Bermuda House of Assembly course of a year. Again, I assume that that year is the
2018 calendar year and not a fiscal year, I could not
find reference to that in the budget. But it was not
clear to me whether those will all be, those 129 a ttendances, are all child related or if they are child and
family related. So I would be grateful for clarification.
And the reason is that this goes —to the all ocated number we now understand— is going to be the
budget allocation for the next fiscal year for Litigation
Guardians, namely —and I did ask twice, so I think I
have the number right now —$242,000. It is difficult to
see how that will be anything more than a Band- Aid.
If it is this House’s intent to have proper Litigation Guardians and I remind the listener and those
present that a Litigation Guardian is supposed to work with the child, he or she is supposed to be a social
worker, he or she is not the lawyer on their feet in the courtroom, it is that person (the Litigation Guardian)
giving instructions to the lawyer on their feet in the
courtroom.
So in each particular case there are going to
be two individuals involved and these individuals . . . I
see some shaking of heads . But no doubt the Minister
can clarify how I am wrong on this point. It was i ntended, at least under the Children Act [1998] as it
currently stands, subject to amendment, that there
would be two people —a Litigation Guardian and an
attorney. And obviously those costs, even at Legal Aid
rates for the attorneys —and I declare an interest in
[being an] attorney —are unlikely to be $242,000 in a
fiscal year.
So, I would be grat eful for answers to those
particular questions. And the outstanding question as
to whether or not the litigation costs were going into
the previous head in the 41 per cent on the Headquarters or whether they are going in the head . . . the i ncrease in Chil d and Family Services head between
$13 million and $15 million, roughly. So, those two questions are outstanding.
I am grateful, Mr. Chairman. Those are my
questions unless something else arises from the
ques tions answered.

Thank you, sir.
Are there any other Members that wish to
pose any questions with respect to the heads in question?
The Chair now recognises the Minister, the
Honourable and Learned Member, Kim Wilson.

Hon. Kim N. Wilson: Thank you, Mr. Chairman.
Yes, with respect to th e questions, I think, with
respect to the pages B -96 and B -97, the 2017/18
numbers reflect the actual spending, and the amount
budgeted was higher, but the amount actually spent
was less due to staff vacancies.
If you could stand by . . . I am trying to m ove
quickly, I apologise.

Mm-hmm.

Hon. Kim N. Wilson: With respect . . . I believe there
was a question concerning the children placed overseas, there were a total of six Psycho- Ed clients that
were approved for an overseas placement at the un iversity in America, and that was following a compr ehensive assessment and treatment programme at the university’s neuropsychiatric institute in Utah. And four
out of the six . . . they were offered a four - to six -week
comprehensive clinical evaluations in a safe and s ecure environment. And those individuals that I referred to and that are sent overseas is because they are
deemed to have exhausted all local therapeutic options here in Bermuda and it is determined in a consultative process between the child and adolescent
services, Department of Education and the Depar tment of Child and Family Services.
Again, I understand that the Litigation Guard ian costs are all under Head 47.
And the tool that is being used is a parent/child satisfaction survey. Children are being ser-viced overseas and assessed by psychologists, ps ychiatrists, as well as social workers.
And the department utilises the evidencebased Structured Decision- Making [SDM] assessment
tool system that has been customised for Bermuda to comp rehensively guide all case management dec isions, from determining the cases and to make sure
that they meet the threshold of abuse and neglect to
be screened into DCFS for services. And to determine
the response time to investigate an allegation based on severity, the assessment system also guides identification of areas of needs to be addressed, and ser-vices and treatment plans with the families. And fam ilies are reassessed every three months to determine
progress of the service plan goals, and suitability for
case closure.
Sorry . . .

Mr. Chairman, just two final follow-ups from that. I am not sure we got an answer as
to whether or not the budgeted figure that had been
indicated of $242,000 was going to include attorneys
or not and if it does not, where [are] those costs i ncluded?
But just on this idea of children being sent
away and we spoke about the CAT programme in Utah and we have seen a lot in the press about people themselves who have been sent away, it is right
that going forw ard no Bermudian child will be sent
away for treatment unless that child has a Litigation
Guardian? Is that to be the position going forward?
Thank you, Mr. Chairman.

Members, we have about 50 seconds
left in this debate.
The Chair now rec ognises the Minister.



Bermuda House of Assembly Hon. Kim N. Wilson: That is not correct in that the
Litigation Guardian actually is the voice of the child in
the court proceedings, as you said, and they are not
involved in the day -to-day case management of the
child. Counsel under the current legislation can be
appointed for children who are able to give instruc-tions if the court deems it necessary to do so.

Honourable Member s, we are, of
course, still now in the Committee of Supply for further consideration of the Estimates of Revenue and E xpenditure for the year 2019/20.
We will now spend the next period considering the heads that are being moved by the Minister for
Labour, Community Affairs and Sport. Those are
Heads 20, 60 and 52. Honourable Minister, you have the floor.

MINISTRY OF LABOUR, COMMUNITY
AFFAIRS AND SPORT

Hon. Lo vitta F. Foggo: Thank you, Mr. Chairman,
and good afternoon to the House.
Mr. Chairman, I am pleased to present the
financial year 2019/20 Estimates of Revenue and E xpenditure for Head 20, the Department of Youth, Sport
and Recreation; Head 52, the Depart ment of Comm unity and Cultural Affairs; and Head 60, the Department
of Workforce Development.
Mr. Chairman, the Ministry of Labour, Community Affairs and Sport is the former Ministry of S ocial Development and Sports. A restructuring of the
Ministry in Nov ember 2018 moved the departments of
Child and Family Services, Financial Assistance, and
National Drug Control, as well as the Mirrors Pr ogramme to other ministries. As part of this reorganis ation, the Department of Workforce Development and
the Labour sec tion were added to the renamed Mini stry of Labour, Community Affairs and Sports.
Mr. Chairman, as can be seen on page B -245
the budget for the Ministry for the financial year 2019/20 is $18,865,000; which includes the heads for
debate as follows:
• Head 20— Youth, Sport and Recreation for
$10,109,000 for the year 2019/20;
• Head 52 —Community and Cultural Affairs, is
the same as the previous year, which is
$2.242 million; and
• Head 60— Workforce Development is a slight
increase, taking it up to $4.296 million for the
year 2019/20.
Mr. Chairman, the Summary shows the var ious amounts, as I just indicated, for Heads 20, 60, and 52 and I will discuss each when I speak to each
head.

[Hon. Patricia J. Gordon- Pamplin, Chairman]
Hon. Lovitta F. Foggo: Sorry, Madam Chai rman.
Madam Chairman, it is worth noting at this
point, as can be seen on page C -19, that the depar tment’s budget includes some $5,552,000 in Grants
and Contributions. This is an increase of $492,000, or
10 per cent, when compared to the original estimate
for 2018/19. Grants and Contributions represent a lmost 30 per cent of the Ministry’s budget. This is a
reflection of the support the Ministry gives to the
community.
This includes some $1,903,000 for scholarships, apprenticeships and workforce training;
$3,225,000 for sports development, national sporting
bodies and youth organisations; and $346,000 for community and cultural activities.
Madam Chairman, the Ministry’s overall vision
is to strengthen the social fabric of our community and
1098 13 March 2019 Official Hansard Report

Bermuda House of Assembly supports the miss ion of collaborative stewardship to
provide a qualified and motivated workforce in a social
environment that engages in sports and treasures our heritage for the benefit of the community as a whole.
Madam Chairman, I will now present the f inancial year 2019/20 Estimates of Expenditure and
Revenue of those three debates that were chosen for
debate, beginning with Head 20, the Department of
Youth, Sport and Recreation.

HEAD 20 —DEPARTMENT OF YOUTH, SPORT AND
RECREATION

Hon. Lovitta F. Foggo: The mission statement, Madam Chairman, of the Department of Youth, Sport and
Recreation is to advance amateur sport, recreation
and youth development for all—from leisure activity to
athletic excellence, and to strengthen the significant
contribution that these initiatives make towards the
enhancement of the quality of life for the total community.
The department’s objectives are:
• To increase “whole family” sport and recreational programming by 25 per cent in support
of the social development action within our
communities ;
• To ensure that 100 per cent of the National
Sports Governing Bodies are aligned with
governance standards as set out in the N ational Sports Governing Bodies Certification
Policy by December 2019;
• To have 80 per cent of the Groundsmen and
Caretakers certi fied in Level 1 Basic Horticu lture by March 2020; and
• To increase by 10 per cent Youth, Sport, and
Recreation’s social media presence to customers by 31
st March 2020.
Madam Chairman, the Department of Youth,
Sport and Recreation administers 9 programmes and
22 business units for which a general summary is contained on pages B -250 and B -251 of the Estimates of
Expenditure and Revenue for financial year 2019/20.
The budget allocation for the Department of
Youth, Sport and Recreation in financial year 2019/20,
is $10,109,000 as seen on page B -245. This is an i ncrease of $455,000, or 5 per cent, in comparison to
the original budget estimate of $9,654,000 for financial
year 2018/19. This increase is for two purposes:
1. An increase in the grant of $400,000 to the National Sports Centre; and
2. An increase in salaries required for a staff member transferred to the department who
holds a higher grade than the existing post.

Programme 2001— Admin istration and Sports

Hon. Lovitta F. Foggo: Madam Chairman, I
will now discuss the ind ividual programmes under
Head 20. Page B -250 shows that the budget allocation
for bus iness unit 30045, General Administration, for
financial year 2019/20 is $1,606,000. This represents an increase of $93,000, or 6 per cent, over the original
budget of $1,513,000 in financial year 2018/19. (And
let me just remind Mem bers that errata were handed
out today that corrects what was in the Budget Book.)
This increase reflects the salary uplift as well as an
additional salary r equired for the Department of Youth,
Sport and Rec reation to pay an employee transferred
to the depar tment from another Ministry as just mentioned earlier.
Madam Chairman, the allocated funds provide
for the administration and operations of the Depar tment of Youth, Sport and Recreation Headquarters, which is located in the Craig Appin House, situated at
8 Wesley Street, Hamilton. In addition, the Administr ation Section provides administrative support for the
additional eight programmes within the department
and is responsible for monitoring departmental spending to ensure that policies and procedures are ad-hered to in achieving efficiency and effectiveness.

Programme 2002— Sport Development

Hon. Lovitta F. Foggo: Madam Chairman, the department provides for its Sport Development Pr ogramme through business unit 30055, Sports Pr ogrammes. The financial year 2019/20 budget alloc ation for business unit 30055 is $1,801,000, an i ncrease of $3,000 compared to the original budget of $1,798,000 for year 2018/19, as seen on page B -250.
This allo cation includes grant funding for the National
Sports Governing Bodies and operational cost i nvolved with facilitating major events during the fiscal year, such as the Sports Hall of Fame ceremony and
the Annual Sports Awards.
Madam Chairman, included in b usiness unit
30055 is a grant of $650,000 to the Bermuda Sport
Anti-Doping Authority (BSADA). Funding for this
agency, which takes its legislative mandate from the
Anti-Doping In Sport Act 2011 and operates under the
global framework of the World Anti -Doping Agency
[WADA], is one of the most important financial items
within the Sports Development Section. The Bermuda
Sport Anti -Doping Authority is the National Anti -
Doping Organisation [NADO] for Bermuda. Without
the functional presence of this organisation in Berm uda, it would simply mean that Bermuda would not be
able to participate in any international sporting events abroad or host any international sporting events loca lly.
Madam Chairman, under the strict control of
the Sports Development Section, the department continues to ensure that funds used by the National
Sports Governing Bodies are for the development of sport for Bermuda for our senior and junior athletes.
Business unit 30055 also provides for a grant
to the Bermuda Football Association [BFA] for


Bermuda House of Assembly $300,000 and $25,000 for the department’s Summer
Swimming programme. An additional $173,000 in operating costs is covered under this business unit.
Madam Chairman, during the financial year
2019/2020, the Department of Youth, Sport and Rec-reation intends to continue focusing on all aspects of
sporting development. The development of athletes at
senior and junior levels, in addition to providing education to local coaches through a partnership with
overseas agency, Positive Coaching Alliance, are key aspec ts of business unit 30055. An increase of
$58,000 in grant funding is provided to National
Sports Governing Bodies. This is vital for the conti nued development of sport Island- wide, as without this
support many athletes and sporting programmes
would suffer . The department will also continue to
work with various Government agencies to maintain sporting and recreational facilities that fall under the
department’s remit.
Madam Chairman, in November 2017, the
department in conjunction with the Association of N ational Sports Governing Bodies held a mini -
conference to keep National Sports Governing Bodies
informed on upcoming department initiatives and pol icies. The Association of National Sports Governing
Bodies was formed to act as a unified voice for issues
that relate to National Sports Governing Bodies collectively and to advocate for sports [which] has had a
positive impact on a broader level and provides input
and strategic direction on the National Sports Recognition Policy.
Additionally, the National Sports Governing
Bodies have provided leadership and support to all
local sport partners and has advocated on behalf of all
National Sports Governing Bodies on matters relating
to Government, sponsorship and the community. To
that extent, Government has re- established a Sports
Recognition Policy that will have all National Sports
Governing Bodies recertified. This will ensure that all
National Sports Governing Bodies are in compliance
with the department’s policies and practices as laid
out in the Sports Recognition Policy.

Programme 2003— Sports Incentives and Awards

Hon. Lovitta F. Foggo: Madam Chairman, there is an
increase in the budget allocation for business unit 30030, Athletic Awards, which will now be $200,000
(see page B -250) in support of the Elite Athletes A ssistance Fund and the National Junior Sponsorship Fund. The National Junior Sponsorship Fund has
been increased by $50,000.
This increase will assist with two young at hletes, a male and a female, from each National Sports
Governing Body who wi ll benefit from the programme.
In the past only one person was supported. The plan
is to further assist with the devel opment of all in sport
regardless of gender. These funds will continue to support, encourage and provide incentives to our sen-ior and juni or athletes to strive for excellence in their
personal development.
Madam Chairman, the Elite Athletes Assi stance Fund of $100,000, as shown on page C -19, is
managed by the Bermuda Olympic Association, which prescribes the requirements for athletes to rece ive
funding having met a local A, B or C standard in their
development.


Programme 2004— Sports Facilities Management

Hon. Lovitta F. Foggo: Madam Chairman, the department carries out sports facilities management
across five business units, with allocations for financial year 2019/20 totalling $1,920,000 as shown on
page B -250. This represents an increase of $392,000
from the original budget of $1,528,000 for financial
year 2018/19. This increase is mainly made up of the
additional grant for the National S ports Centre and
some savings in the programme.
Madam Chairman, the budget estimate for
business unit 30060, Sports Facilities, Administration
of $1,284,000 for financial year 2019/20 is an increase
of $401,000, or 45 per cent, over the original budget
for financial year 2018/2019. This reflects the i ncreased grant to the National Sports Stadium from the 2018/2019 grant of $800,000 to $1,200,000 for this fiscal year coming up. This will revert the grant to its
2014/15 levels before it was reduced from $1,10 0,000
to $850,000 and then to $800,000 in 2016/17. The
reduction in the grant coupled with the increased costs of running the facility, particularly with the addition of the swimming pool, has resulted in maint enance and repair works suffering, and this cannot con-tinue without further serious adverse effects.
Madam Chairman, business unit 30060,
Fund ing, also provides for the maintenance of parks
under the department’s remit namely, WMC Preece
Softball Park (30075), WER Joell Tennis Stadium
(30080), Motorsport Park (30090) and Sports Community Fields (30390). The WMC Preece Softball St adium, business unit 30075, provides for two full -time
employees to maintain the grounds and includes funding for materials, supplies and electricity. The WER Joell Tennis Stadium, business unit 30080, includes
estimates for four full -time and two part -time emplo yees, together with operational expenditure.

Programme 2005—Youth Development

Hon. Lovitta F. Foggo: Madam Chairman, the budget
allocation for 2019/20 of $493,000 is f or the two bus iness units under Youth Development Programme.
Youth Development Administration, business unit
30210, has a budget allocation of $293,000 for
2019/20, an increase of $20,000, or 7 per cent, from the original budget for financial year 2018/19. This
1100 13 March 2019 Official Hansard Report

Bermuda House of Assembly allocation covers salaries and administrative overheads.
Madam Chairman, offering opportunities in
youth development plays a vital part in empowering
Bermuda’s youth. The department will strengthen its outreach via numerous community partnerships as
part of its continued focus on developing youth
through sport and recreation. The launch of the N ational Youth Policy [NYP] will be a platform that pr ovides direct opportunity and a voice for our youth to be
heard while developing and shaping themselves a s
well as the country. The intent of the National Youth
Policy is to implement initiatives to engage and empower our youth. The Department of Youth, Sport and
Recreation is committed to working collectively with youth organisations, charities, non- profits and the
public sector in financial year 2019/20 to make the
National Youth Policy a reality.
Madam Chairman, page B -250 shows bus iness unit 30350, Youth Grants, with an allocated budget of $200,000 for financial year 2019/20, which is equal to the previous financial year. The Youth
Grants funding will be allocated to assist youth organ-isations whose mandate or mission directly or indirec tly focuses on benefiting the lives of Bermuda’s young
people.
Madam Chairman, page C -23 details the expenditure for 2017/ 18 for Youth Grants, which I just
wanted to bring to your attention so that you know
how some of that money is divvied out:
• Global Art —Youth Initiatives: $15,000;
• Raleigh International: $15,000;
• Bermuda Sea Cadets: $15,000;
• Bermuda Riding for the Disabled: $8,000; and
• Youth Net: $7,000.

Programme 2006—Community Centres

Hon. Lovitta F. Foggo: Madam Chairman, the budget
allocation for three community centres under the d epartment’s remit: the Centre in Hamilton (business
unit 30120); St. George’s Community C entre (bus iness unit 30130); and Sandys Community Centre (business unit 30146), has been set at $1,429,000 in
financial year 2019/20, which can be seen on page B -
250. This is an increase of $50,000, or 4 per cent over
the original budget of 2018/19. The Community Centres’ full- time equivalent count is 19 for 2019/20. The
staff support programming to engage families, seniors, adults and children ensuring communities embrace the philosophy of the department’s mission.
Madam Chairman, the three community ce ntres provide a safe, structured programme with trained
staff and an opportunity to build positive and long-lasting relationships. The community centres provide
immense opportunities for residents of all ages to ex-perience positive recreational activities. T he community centres have recently come online with the After-school Programme to provide the same calibre of service to communities at both ends of the Island.

Programme 2007—Camping

Hon. Lovitta F. Foggo: The Department of Youth,
Sport and Recreation’s Camping Programme has a budget allocation of $1,136,000 for year 2019/20, an
increase of $213,000, or 23 per cent. The increase
reflects that there was an administrative error in the
original budget for 2018/19 for the Messina House camping facility (see page B -250) resulting in inadequate funds. This increase remedies that error.
Madam Chairman, the allocated budget for
the Camping Programme provides for the staffing operation and administration of five camping facilities. In
financial year 2019/20, the camping programme i ncludes a total of 10 full -time employees, who maintain
the facilities and the marine vessels.
Madam Chairman, the camping facilities under the remit of the Department of Youth, Sport, and Recreation are:
• Darrell’s Island, which is the lar gest facility
with 14 rustic campsites, accommodating 30 campers at each site. There is also an add itional building that can accommodate an add itional 30 campers.
• Messina House is situated at Boaz Island,
Sandys and is a land- based campsite. This
site can accommodate a maximum of 34
campers.
• Paget Island is located in St. George’s har-bour and has the largest building and single
campsite, accommodating a maximum of 95
campers.
• Ports Island is the oldest camping facility,
which houses a building that accommodates a
maximum of 45 campers.
• White’s Island is used sporadically for overnight tent camping. It’s primarily used for
basic swimming instruction by the Bermuda Amateur Swimming Association and rowing
instruction by the Bermuda Rowing Associ ation.

Program me 2008— School Age Activities
Hon. Lovitta F. Foggo: Madam Chairman, the budget
allocation for these activities has decreased from
$853,000 in the original budget of fiscal year 2018/19
to $583,000 in the upcoming financial year 2019/20. This represents a decrease of $270,000, or 32 per
cent, which you can see on page B -250. This reduction has been transferred to cost centre 30155 to cov-er the operational cost of Messina House, as stated
previously. The reduction in budget will not affect
Government’s comm itment to the provision of school
age activities.


Bermuda House of Assembly Madam Chairman, this programme usually
supports approximately 800 school aged children and
is provided at various pre- schools, primary schools
and middle schools throughout the Island. Approx imately, 110 part -time employees, which consist of
80 per cent university, college and high school st udents, conduct this programme and are supervised by
qualified teachers. There is also a special -needs pr ogramme which provides one- on-one care for children
who have special needs. For the purposes of inclusion
of all students, the special needs camp is incorporated in the school age camps.
Madam Chairman, also included in pr ogramme 2008 are three pre- school age camps which
were created specifically for the transition of children from pre -school into primary school.

Programme 2009— After school Programmes

Hon. Lovitta F. Foggo: Madam Chairman, this pr ogramme is operated by the Department of Youth,
Sport and Recreation and provides for staffing, communications, materials a nd supplies for 10 pr ogrammes at Government primary schools.
The schools that house these programmes i nclude:
• Francis Patton Primary;
• Harrington Sound Primary;
• Elliot Primary;
• Prospect Primary;
• West Pembroke Primary;
• Paget Primary;
• Purvis Primary;
• Heron B ay Primary;
• Port Royal Primary; and
• Dalton E. Tucker
The budget allocation for business unit 30125
for financial year 2019/20 is $941,000, which is a decrease of $96,000, or 9 per cent, from the original budget for financial year 2018/19, as seen on page B251. This decrease in funding was required to cover the uplift in salaries and will not impact on Gover nment’s commitment to continue to provide quality A fterschool Programmes for primary school aged chi ldren to ensure a safe and structured recreational programme. The programme supports a maximum of 400 primary school aged children across 10 schools and
employs approximately 26 employees in year 2019/20
(see page B -252).

Grants and Contributions

Hon. Lovitta F. Foggo: Madam Chairman, the budget
allocat ion for grants and contributions for financial
year 2019/20 is $3,225,000, which is an increase of
$450,000 in the Sports Grant allocation in comparison
with the original budget of $2,775,000 for year
2018/19 (see page C -19).
This allocation will be disbu rsed as follows: • Sports Development:
o 6886, Department of Youth, Sport and
Recreation Swimming Programme:
$25,000;
o 6878, Contribution to Sports Development (to be allocated among 34
National Sports Governing Bodies, which includes $650,000 for Bermuda
Sport Anti-Doping Authority) for
$1,700,000.
• Sports Incentives and Awards Programmes:
o 6880, Elite Athlete Fund: $100,000.
• Sports Facilities Management:
o 6884, National Stadium Trustees, the grant amount is $1,200,000.
• Youth Development:
o 6882, Voluntary Youth Organisations
the grant amount is $200,000.
• And that brings us to a grand total of
$3,225,000.

Madam Chairman, page C -22 details the expenditure for financial year 2017/18 and, again, so
that persons would know what was put out, I will just
highlight a few:
• Bermuda National Athletic Association:
$140,000;
• Bermuda Cricket Board: $100,000;
• Bermuda Amateur Swimming Association: $50,000;
• Bermuda Bicycle Association: $35,000; and
• Bermuda Lawn Tennis: $43,000.

Capital Acquisitions

Hon. Lovitta F. Foggo: Madam Chairman, the budget
allocation for capital acquisitions for 2019/20, as seen on page C -13 is $32,000, a decrease of $47,000 from
the $79,000 original budget for financial year 2018/19.
[Additionally,] $24,000 is for the purchase of a r eplacement lawn mower; $4,000 for fencing at Ports
Island; and $4,000 to replace computers in head office.

Subjective Analysis
Hon. Lovitta F. Foggo: Madam Chairman, I now turn
to the subjective analysis of current account estimates for Head 20, found on page B -251 of the Est imates
Book.
The budget allocated for salaries is
$2,585,000 for financial year 2019/20, as seen on
page B -251. This represents a decrease of $283,000,
or 10 per cent, compared to the original allocated
budget of $2,868,000 in financial year 2018/19. This
decrease is partially as a result of reallocation of funds
for employees who should have been classified under wages, and partially by reducing the number of su mmer day camp sites by three to make savings.
1102 13 March 2019 Official Hansard Report

Bermuda House of Assembly Wages, Madam Chairman, in 2019/20, the a llocated b udget is $2,529,000. This is an increase of
$123,000, or 5 per cent, compared to the original all ocated budget for financial year 2018/19. This increase
is a result of reallocation of funds for employees who should have been classified under wages.
Other P ersonnel Costs, the budget allocation
is $96,000 for other personnel costs in 2019/20, an increase of $34,000, or 55 per cent, from financial
year 2018/19. Whilst this shows as an increase over
the original budget, Madam Chairman, you will recall
that in l ast year’s Budget Speech the then- Minster
advised this Honourable House there had been an
administrative error in the original budget for Messina
House camping facility and associated costs and that they would be corrected in the new fiscal year as
shown i n the original budget. The increase in other
personnel costs is related to that and the caretaker’s residence.
Training, in the 2019/20 financial year,
$14,000 has been allocated to training compared to
the original budget of $6,000 in 2018/19. The Depar tment of Youth, Sport and Recreation must ensure that
our recreational workers are adequately trained for the
Summer Day Camp Programmes, Afterschool Pr ogrammes, and at the Community Centres. This i ncrease also reflects additional and upgraded training
of our recreation workers in courses in Non- violent
Interventions, Adverse Childhood Experiences (also known as ACE), Saving Children and Revealing S ecrets (also known as SCARS), and Conflict Resolution
Programmes.
Transport, Madam Chairman, the budget all ocation for transport in 2019/20 is $10,000, which is an
increase of $3,000 from 2018/19.
Travel, Madam Chairman, $66,000 is alloca ted for travel in financial year 2019/20. This is an i ncrease of $27,000, or 69 per cent, compared to the original budget of $39, 000 in 2018/19. The Depar tment of Youth, Sport and Recreation increased the expenditure for travel in order to facilitate staff partic ipation in relevant courses/conferences offered overseas, which are deemed necessary to further strengthen and develop staff capabilities and competencies that would benefit both their professional
growth and the department. The courses include those with Search Institute—Character Counts Pr ogramme to recertify staff. It also includes overseas
conferences with the National Af terSchool Association
and International Youth Conference on Youth Devel-opment.
For Communications the allocation has been
increased by $2,000 to $89,000, or 2 per cent, compared to the original budget of 2018/19 of $87,000.
The department introduced additi onal phones in the
Community Centres programme to ensure that the
van drivers have communication devices at all times.
For Advertising and Promotion, the budget a llocation is $27,000 for financial year 2019/20, which represents an increase of $7,000, or 35 per cent, in
comparison to the original estimate for financial year 2018/19 of $20,000. This increase reflects the department’s support of sports’ clubs in their promotion
of events around the Island. The Department of Youth, Sport and Recreation will als o continue to maximise the use of advertising and promotion though the
use of social media such as Facebook, Twitter, and
the like to support events and community involvement.
Professional Services, $209,000 has been allocated to professional services for the financial year 2019/20. This is a decrease of $9,000, or 4 per cent,
compared to 2018/19 original budget. This decrease
was made in an effort to reduce cost in the area of
recreational services. Services which were often pr ovided from outside agencies will be reduced and cre ative alternatives will be found in- house.
Rentals. The budget allocation for rentals is
$463,000 for financial year 2019/20, which is an i ncrease of $73,000, or 18 per cent, from the original
budget in 2018/19. This increase is part of the admi nistrative correction mentioned earlier in respect of
Messina House.
Repair and Maintenance. The allocation for
repair and maintenance is $227,000 for financial year 2019/20, compared to the 2018/19 original budget of
$219,000. This increase of $8,000, or 3 per cent, is
required owing to the increasing costs and frequency
of repairs required to grounds, ageing facilities, vehicles and marine equipment which come under the
Department of Youth, Sport and Recreation’s purview.
Insurance, Madam Chairman, is $29,000 for
the financial year 2019/20. There is no change from
the original budget of 2018/19. The insurance is for
the marine and vehicle fleet under the Department of
Youth, Sport and Recreation.
Energy. There is no change in the budget allocat ion for energy in financial year 2019/20. It r emains at $224,000, as compared with the original e stimate for 2018/19. The department will continue to encourage staff to assist in conserving energy by tur ning off lights, shutting down equipment when not in
use together with other energy saving measures.
For Clothing, Uniforms and Laundry, there is a
budget allocation of $20,000 for the financial year 2019/20 and it represents a $2,000 increase compared to the original estimate for 2018/19. This i ncrease is due to the increased costs associated with
these items.
Materials and Supplies, as shown on page B -
251, has a budget allocation of $215,000 in 2019/20. This allocation is an increase of $8,000, or 4 per cent,
compared to the 2018/19 original budget of $207,000.
With the increase in price of materials on the Island
this upsurge is a direct effect of the increased cost of
these supplies.
Equipment [Major/Minor Capital]. The allocated budget for Equipment in 2019/20 is $24,000, which is the same as the origin al budget for 2018/19.


Bermuda House of Assembly Other Expenses, $57,000 is allocated toward
Other Expenses in 2019/20 compared to the original
estimate for financial year 2018/17 of $55,000. This
increase is again reflective of the increase of the costs
locally.
Grants and Contri butions. Madam Chairman,
the allocated budget in financial year 2019/20 is
$3,225,000 for Grants and Contributions, which is an
increase of $450,000 compared to the original est imate of $2,775,000 in financial year 2018/19. The i ncrease is due to an increase in grants given to sport —
in particular, an increase to the National Sports Centre
of $400,000, as previously stated, under the business
unit 30055. And the National Junior Sponsorship Fund
received an additional $50,000, as stated under bus iness unit 30 030.
Youth, Sport and Recreation, dealing with
revenue. As shown on page B -252, it is anticipated
that the revenue for the department will be $597,000
for financial year 2019/20, which is a decrease of
$44,000, or 6 per cent, compared to the estimate for financial year 2918/19. Revenue was estimated on
trends from programme registration, sale of afterschool vouchers, as well as income from the rental
boats and equipment. The reduction in the number of
clients that the Summer Day Camp can service will
affec t the revenue for the department. And that was
previously discussed under programme 2008, when
we were talking about the school aged activities.
Full-time equivalents are shown on page B -
252. And the count for the year 2019/20 stands at 96. And it remains unchanged in comparison to 2018/19.
Madam Chairman, I would like to take this
opportunity at this point in time to thank the Director, Mr. Norbert Simons, and all of the dedicated staff at
the Department of Youth, Sport and Recreation for the
work they do in advancing amateur sport, recreation
and youth development for all, which enhances the
quality of life for our residents here in Bermuda.
Also, it is important for me to recognise the
significant contribution made by our sportsmen and
sportswomen, and the pivotal role they play in inspi ring our youth to achieve their true potential.
Madam Chairman, this concludes my presentation for the financial year 2019/20 budgetary alloc ation for Head 20, the Department of Youth, Sport and
Recreation.

HEAD 52 —DEPARTMENT OF COMMUNITY AND
CULTURAL AFFAIRS

Hon. Lovitta F. Foggo: And, Madam Chairman, I will
now transition across to Head 52, the Department of Community and Cultural Affairs, found on pages B -
256 through to B -262.
The mission statement, Madam Chairman, is
to cultivate a greater sense of national pride and identity by engaging with the community to develop our society through culture, heritage and educational out-reach.
The objectives for the department for 2019/20
are as follows: to serve as stewards of Bermuda’s cultural heritage; to stimulate and develop a culturally vibrant, expressive and dynamic community by su pporting innovative cultural and artistic endeavours; to
foster relationships with tradition bearers and cultural
industry partners to facil itate synergistic, interdiscipl inary and evolving Bermudian cultural identity and ar tistry; and to promote an understanding of Bermuda’s cultural identity through education, research and publications, and enrichment programmes; to curate and
invest in the arts and Bermuda’s cultural heritage
through grants, sponsorships, collaborations and
structural support; and to support the development of
ideas, projects and institutions that augment Berm uda’s cultural and creative industries.
Madam Chairman, the Depar tment of Co mmunity and Cultural Affairs administers two pr ogrammes and 13 business units, for which a general summary is contained on page B -256 of the Estimates
of Expenditure and Revenue for 2019/20. The general
summary is for Cultural Affairs, programme 5202:
• business unit 62000, Grants to Organisations
$229,000;
• business unit 62001, Administration,
$846,000;
• business unit 62010, Cultural Festivities and Celebrations, $62,000;
• business unit 62020, Heritage Celebration,
$262,000;
• business unit 62030, Cult ural Education Pr ogramme, $32,000;
• business unit 62050, National Heroes Day, $61,000;
• business unit 62060, Promotion of the Arts,
$44,000;
• business unit 62070, Folk Life Bermuda,
$143,000;
• business unit 62080, Research and Public ations, $62,000;
• business unit 62180, Special Projects,
$88,000; and
• business unit 62210, Gombey Festival,
$161,000.
And under programme 5203, Community Services, business unit 62100, Uncover the Arts,
$189,000; and business unit 62130, Senior Citizens
Projects, $63,000, to give us a total of $2,242,000.
I will now discuss the two programmes and
the 13 business units, in order of appearance, as
shown on page B -257.

Programme 5202—Cultural Affairs

Business Unit 62000—Grants to Organisations

1104 13 March 2019 Official Hansard Report

Bermuda House of Assembly Hon. Lovitta F. Foggo: The amount bu dgeted under
this business unit for financial year 2019/20 is
$229,000, which reflects an increase of 3 per cent, or
$6,000, as compared to 2018/19 budget allocation, on
page B -257. In keeping with the 2018 Speech from
the Throne, the Bermuda National Gall ery’s grant has
been increased from $40,000 to $46,000, an increase
of $6,000, or 15 per cent. This was achieved by way
of a reallocation of funds within this business unit.
The Department of Community and Cultural
Affairs is responsible for promoting, preserving, and celebrating Bermuda’s rich and diverse cultural heri tage for the arts. These goals are achieved in part by
partnering with private sector organisations by provi ding funding. Organisations that will receive financial
support in the upcoming fis cal year are as follows:
• The Bermuda Historical Society , $6,000;
• St. George’s Historical Society , $4,000;
• St. George’s Preservation Authority , $8,000;
• Bermuda Arts Council , $100,000;
• Bermuda Heritage Association, $30,000;
• Bermuda National Gallery , $46,000;
• Cultural Legacy Fund recipients , $25,000; and
• St. George’s Foundation , $10,000
—for a total of $229,000.

Business Unit 62001— Administration

Hon. Lovitta F. Foggo: The function of this business
unit is to provide for the administration and operation
of the Department of Community and Cultural Affairs,
which is located on the fourth floor of the Dame Lois
Browne -Evans Building.
The allocated budget for 2019/20 for this
business unit is $846,000, as shown on page B -257.
This amount reflects an increase of $28,000, or 3 per
cent, compared to the original budget of 2018/19 of
$818,000. This increase is due to salary adjustments.
Madam Chairman, the allocated budget sustains both units of operation, including salaries and wages, professional development, comm unications,
programming, printing and office supplies. Also, bus iness unit 62001 provides funding for some collateral
educational materials including posters, banners,
pamphlets, leaflets and promotional information via
social media. The remainder of the budget provides for office supplies; photocopier maintenance; website
maintenance; books and periodical subscriptions; and
telephone services.

Business Unit 62010— Emancipation and Cultural
Festivals

Hon. Lovitta F. Foggo: The allocated amount for this
business unit in 2019/20 is $62,000. This reflects an
increase of 5 per cent, or $3,000, compared to the
original budget for 2018/19 of $59,000. This increase
can be attributed to associated operating costs. Madam Chairman, this business unit covers
the cost of promoting the culture and heritage of Bermuda and its people through festivals and other pr ogrammes and events, and is aligned with one of the primary departmental objectives. The costs associat-ed with programmes and initiatives, which the department promotes and hosts, that are covered in this
business unit include the Emancipation Commemor ative Ceremony and Harbour Nights. Madam Chai rman, permit me to expand just a little.
The Emancipation Commemorative Cerem ony is one of the main ceremonies that the Department
of Community and Cultural Affairs organises annually.
In 2018, the department concluded the series The
Trail of our People by collaborating with the Bermudian Heartbeats Committee to provide the Dr. Kenneth
E. Robinson/Cyril Outerbridge Packwood Memorial
Lecture with special guest Dr. Eva Hodgson. Funds
allotted to this business unit, 62010, in 2019/20 will be
used to explore, especially through research and m emorialisation, the role of National Hero Mary Prince.
The department has engaged Dr. Margot
Maddison- MacFadyen to conduct extensive research
on Mary Prince. Dr. MacFadyen has begun presenting her findings to students. Dr. MacFadyen’s research
will provide the foundation for the Emancipation Pr ogramme and will be featured in July 2019.
In collaboration with cultural industry partner
Bermuda National Trust, the department intends to
depict aspects of Mary Prince’s life through drama, in
late November of 2019. These programmes associated with Mary Prince are being done to raise public awareness about Mary Prince and the seminal role
that she had in bringing about the end of slavery, not only in Bermuda, but throughout the entire British E mpire.
The department also plans to expand its educational outreach in the schools during this upcoming fiscal year in relation to subject matters covered
through this programme.
Harbour Nights, Madam Chairman. Funding to
support Harbour Nights also comes under business unit 62010. The Department of Community and Cu ltural Affairs works collaboratively with tradi tion bearers and the Chamber of Commerce to ensure that aspects of our culture and heritage are presented to
visitors and residents alike in an engaging and i nformative manner.
In addition, throughout the year, the depar tment also assists individual organisations involved in
cultural or folklife projects and programmes.
Madam Chairman, that completes this bus iness unit.

Business Unit 62020—Heritage Celebrations

Hon. Lovitta F. Foggo: The total amount budgeted
for this business unit in 2019/20 is $262,000, an i ncrease of $26,000, or 11 per cent, when compared to


Bermuda House of Assembly the original budget estimate of 2018/19, of $236,000.
This increase can be attributed to increasing infr astructure costs by external vendors. Madam Chai rman, this business unit covers the cost of celebrations
for both Heritage Month and the Bermuda Day P arade. Heritage Month celebrations are a series of cultural events and activities which concludes with the
vibrant Bermuda Day Parade.
Heritage Month. The Department of Comm unity and Cultural Aff airs successfully celebrated Heri tage Month 2018 under the theme What We Share,
through an expansive calendar of events which allowed the department to partner with and support existing cultural organisations.
These exciting events included a Seniors
Craft s Show; a series of cultural events in collabor ation with and supporting the Ber muda National Gallery
and their biennial exhibition, a Global African Inventions presentation by Mwalimu Melodye Micere Van
Putten, support for cultural awards and scholarships
during an event by the Chewstick Foundation, and a
premier night club exp erience and “Price is Right”
family brunch to support non- profits organised by the
Planning Factory and Sound Concepts. Heritage
Month also featured many spectacular cultural events
organ ised through the community, which the depar tment highlighted in their advertising.
The theme for Heritage Month 2019 is Bermudian Excellence, as 2019 celebrates the 40th anniversary of Bermuda Day. The department will conti nue to partner with cultural industry stakeholders to
present a robust series of events, entertainment and
activities that will illustrate aspects of Bermuda’s unique heritage.
The intent is to shine the spotlight on examples of Bermudian excellence throug hout the various
industries and categories. A variety of media platforms
will be used to promote and celebrate this theme, to be launched during the month of May, and con tinue at
other times during the year.
A considerable amount of emphasis has been
spent on re- engaging the communi ty with the Berm uda Day Parade, an incredible tradition that requires participation from individuals and organisations across
the Island. Having introduced new categories and r elaxing some of the rules, there were 56 entries in the
2018 Bermuda Day Parade, including 12 floats.
To assist float entrants with decorating, the
Department of Community and Cultural Affairs will continue to offer free workshops to the public.
department continues to connect with existing
stakeholders and potential new entrants ; and it is
hoped that the whole community will consider partic ipating in the Bermuda Day Parade, particularly to ce lebrate this important anniversary.


Business Unit 62030—Cultural Education
Programme

Hon. Lovitta F. Foggo: Madam Chairman, the bud geted amount is $32,000 for the financial year 2019/20,
as seen page B -257. This represents an increase of
$3,000, or 10 per cent, when compared to the original
budget for 2018/19, which was $29,000. This increase
reflects a minor increase in production costs for making our cultural films available. The Department of Community and Cultural Affairs is responsible for cr eating materials about our rich cultural heritage to educate the public and our students.
Madam Chairman, the Bermuda Folklife Documentary Series is a collection of full -length feature
films highlighting the traditions and tradition bearers of
Bermuda. In the financial year 2019/20, the depar tment will continue to develop study guides like this to
complement the Bermuda Folklife Documentary S eries for use within the school system. During financial
year 2018/19, the department completed two study
guides for the documentaries Shipwrecks , as well as
Llewellyn Hollis: Fisherman, and three additional
guides were drafted, which included guides for the
films Woodworking, Traditional Bermuda Boat Buil ding and Traditional Bermuda Games and Crafts . In
financial year 2019/20, the department will work t owards the completion of the three guides and aims to
draft three additional guides, as well.

Business Unit 6205 0—National Heroes Day

Hon. Lovitta F. Foggo: Madam Chairman, the
amount budgeted for this business unit for financial
year 2019/20 is $61,000. This represents an increase
of $2,000, or a 3 per cent increase, when compared to
the original budget in 2018/19 of $59,000. This i ncrease is attributed to a minor adjustment in costs for
promotional items.
Madam Chairman, funds associated with this
business unit are used to formally honour and commemorate a new national hero and to fund operating
and administrativ e costs associated with the National
Hero Induction Ceremony.

Business Unit 62060— Promotion of the Arts

Hon. Lovitta F. Foggo: The amount allocated for
2019/20 is $44,000, which is the same level of expenditure when compared to the original estimate for
2018/19. See page B -257. The two activities that fall
within this business unit will now be discussed in turn.
Premier’s Concert. This past November 2018,
the Premier’s Concert again featured selected, very
talented young people between the ages of 10 and 20
years old who are excelling in one of arts’ genres.
Those featured included Lauren Genevieve Tweed, an amazing vocalist.
1106 13 March 2019 Official Hansard Report

Bermuda House of Assembly The concert also featured brilliant dance performances by talented dancers from United Dance
Productions and visual artist Xela S wan. During this
concert, performances were given by two sets of si blings—saxophonists Ross and Gareth Cooper, and
violinists Naphisa and Sari Smith. There were performances by In Motion’s Junior Company. The unique
element in the 34th annual Premier’s Concert was an
inclusion of youth co- hosts. And the finale was a wonderful excerpt from Gilbert and Sullivan’s Annie: The
Musical.
For the Writer -in-Residence Programme co ming under this business item, the Department of Community and Cultural Affairs supports programming to assist in our literary arts. With this aim in
mind, the department hosts an annual writer -inresidence workshop focusing on a variety of genres.
In January –February of this year, the department,
recognising the interest Bermudian writers have
shown in documenting our history in a variety of ways,
hosted a three- week Writer -in-Residence Programme
focusing on the genre of creative nonfiction. The d epartment was delighted to host award- winning British/Barbadian writer, Ms. Andrea Stuart, to ser ve as
the instructor.
The programme also featured a public reading
and workshops for secondary school students. This workshop provided the opportunity to explore some of
the experiences of our past through the lens of creative writing.
In financial year 2019/20, the department will
seek to have a Writer -in-Residence Programme f ocused on collecting oral histories so that Bermudians might better document fascinating family lore and the
traditions of our community.

Business Unit 62070—Folklife

Hon. Lovitta F. Foggo: The amount budgeted for this
business unit for 2019/20 is $143,000, which is an
increase of $1,000, or 1 per cent, compared to the
financial year 2018/19 allocation of $142,000. This
slight increase can be attributed to a minor increase in operating costs. Activities which come under this
business unit are as follows:
Bermudian Heartbeats. This is a lecture s eries, now in its 16
th year, which highlights various aspects of Bermudian history and culture, and aims to
hold a monthly presentation that is both entertaining
as well as educational. In financial year 2018/19, some of the programmes included a festival at Victoria Park, celebrating Bermuda’s Azorean population [in
collaboration with Casa dos Açores da Bermuda]; a
symposium featuring Syracus e ethnomusicologist, Dr.
Sydney Hutchinson; Yale doctoral student, Mr. William
Glasspiegel; Antiguan Dance Academy founder, Ms.
Veronica Yearwood; and Bermudian Howard Univers ity Professor, Dr. Quito Swan, as part of the Intern ational Gombey Festival, whic h I shall expand upon later; a tour exploring the architectural heritage of the
homes fringing Hamilton Harbour (in collaboration with
the Bermuda National Trust); and a retrospective i nterview honouring the eminent Bermudian historian and social activist, Dr. Eva Hodgson.
The new season commences in April and will
feature 10 events and two film nights. As part of this
programme, the Department of Community and Cu ltural Affairs will feature events including the launch of Dr. Clarence Maxwell’s book entitle d Prudent Rebels:
Bermudians and the First Age of Revolution. This is
done in collaboration with the National Museum of
Bermuda. It will also feature a lecture on literary giant
Langston Hughes and his time spent in Bermuda, by
Stanford University Professor Emeritus, Dr. Arnold Rampersad. And a walking tour of Fort Cunningham
and a discussion panel on historical preservation [will
also be featured].
With their film series, the Department of
Community and Cultural Affairs has launched two
Folklife documentar ies, entitled Traditional Bermuda
Games and Crafts and Wha Ya Sayin? Bermudian
Dialect, Spoken Word and Storytelling, featuring trad ition bearers Judith James, Shirley Pearman, Yvonne
James, George Leon Burt, Florenz Webbe- Maxwell,
Britanni Fubler, Bruce B arritt, and Ruth E. Thomas. In
financial year 2019/20, the department will work t owards completing a series of three films on Bermuda’s
traditions, highlighting summertime festivals such as
Cup Match, Bermuda Day and Carnival; religious hol idays including Christmas, Good Friday and the Port uguese festival of Santo Cristo dos Milagres, featuring cultural experts such as wedding cake maker Mrs. Juliette Jackson; Bishop Nicholas Dill; kite maker, Mr.
Eugene O’Connor, Sr.; cultural doyenne, Miss Ruth E.
Thomas; and centenarians such as Mr. Brownlow
Place.
For the Cultural Apprenticeship Programme,
Madam Chairman, the Department of Community and Cultural Affairs offers this programme to support the
preservation of cultural knowledge and skills from one
generation to the next.
During financial year 2018/19, the department
focused on the newly emerging cultural industry surrounding costume design and fabrication, for Berm uda’s Heroes Day Carnival. Five apprentices, including
Colita Cook, James Lee, Barbara Paynter , Monique
Stevens and Kimberley Robinson, took part in this programme, organised by Nova Mas International and under the instruction of tradition bearer Daryl Cox, a
Trinidadian costume designer whose work has featured in most major carnivals, including Mi ami, New
York, Cayman and Toronto. This year, the department
plans to implement a programme that will focus on the
development of apprentices wanting to learn more
about art in various media.

Business Unit 62080—Research and Publication



Bermuda House of Assembly Hon. Lovitta F. Foggo: The allocated budget for the
financial year 2019/20 is $62,000. This represents a
decrease of $39,000, or a 39 per cent decrease, compared to the original budget for financial year 2018/19
of $101,000. This decrease is largely the result of the Berm uda Literary Awards, a programme that takes
place once every five years, as well as a reallocation
of some funding to [business unit] 62020 in order to
support infrastructure needed for the Bermuda Day
Parade.
Madam Chairman, the Department of Co mmunity a nd Cultural Affairs is responsible for suppor ting and developing materials that contribute to saf eguarding Bermuda’s rich history and heritage.
Madam Chairman, to this end, the department
recognises the importance of supporting original ac ademic research on Bermuda and is pleased to contribute to the development of material on Bermudian folklife, culture and heritage.
For Original Research, as a condition of the
grant provided to Dr. Margot Maddison- MacFadyen in
2017/18, Dr. MacFadyen spent time conducti ng research in the Moravian Archives in Bethlehem, as well
as the National Archives of Antigua and Barbuda, during 2018. The project, entitled Mary Prince in Antigua:
The Latter Years of Bermuda’s National Hero, will add
to our historical knowledge of Berm uda.
Dr. MacFadyen conducted school visits in late
February to share the findings of her research with
Bermuda’s students, and in the financial year
2019/20, she will return to Bermuda to offer a public
lecture. She will also in 2019 publish her work in
scholarly journals, and make her work available on her existing website, www.maryprince.org
. We are
excited to learn more about the fate of one of Berm uda’s internationally best -known historical figures.
In two pr evious fiscal years, the department
has also sponsored two Bermudian researchers, Br itanni Fubler (who is now Britanni Butterworth) and Rosemary Hall, who have teamed up to study Berm uda’s unique dialect and linguistic traditions. The department will spons or them again in 2019/20 to su pport a series of public lectures.
Madam Chairman, as part of the Community
and Cultural Affairs Department’s expansion of the Gombey Festival, the department will be working with local and international historians on academ ic research relating to Bermuda’s Gombey traditions, i ncluding links with similar traditions in the Caribbean and West Africa, in terms of dance, masking, mas-querading, and rhythm.
Under Bermuda Literary Awards —these
awards are administered by the Departm ent of Community and Cultural Affairs, once every five years, to
recognise excellence in Bermudian writing. The cat egories are fiction, nonfiction, children and young adult
fiction, poetry, drama and screenwriting. A sixth cat egory, cultural merit, was added for the first time this year. There is a $2,000 cash award for the winner
of each category. In financial year 2018/19, the d epartment selected the winners of these awards, and in
late February held a presentation honouring the wi nning entries, which ar e as follows: Island Flames , by
Jonathan Smith; Me and Je zebel, by Lucinda Spur ling; Girlcott , by Florenz Webbe Maxwell; Fried White
Grunts , by Dr. Colin Duerden; Pilgrimage, by Dr. Paul
Maddern; Pembroke, by Dr. Clarence V. H. Maxwell;
and Chained on the Rock , by Cyril Outerbridge Pac kwood [posthumous].

Business Unit 62180— Special Projects

Hon. Lovitta F. Foggo: Madam Chairman, the total
amount allocated for this business unit for financial
year 2019/20 is $88,000, as shown on page B -257.
This amount ref lects a decrease of $12,000, or 12 per
cent, when compared to the original budget estimate
for financial year 2018/19 of $100,000.
During the financial year 2018/19, the funds
allotted in this business unit covered costs associated
with research, development and construction of an
artists’ registry, which will be used to supplement the
department’s cultural databases. Funds were used to
engage a part -time local consultant to do the r esearch. Funds were also used to offset additional
costs for production of cultural education and prom otional materials.
Madam Chairman, during the fiscal year
2019/20, the funds allocated to this business unit will be used to support research projects, maintain the
cultural database, and expand the oral histories.
Funds will also be used to launch the art in gover nment buildings, which is an initiative identified in the
2018 Speech from the Throne.

Business Unit 62210—Gombey Festival

Hon. Lovitta F. Foggo: The amount allocated for this
business unit in 2019/20 is $161,000, which repr esents a decrease of $2,000, or 1 per cent, when compared to the original budget estimate for financial year
2018/19 of $163,000. This slight decrease can be attributed to the fact that fewer international guests will be brought in. This business unit covers the expanded
Bermuda International Gombey Festival.
The Gombey Festival has been held annually
to provide exposure to the folk art and traditions of the Gombey, which is an important Bermudian icon. Over
the past two years, the programme has been r ebranded as the Bermuda International Gombey Fest ival and expanded to a full weekend of events and
learning opportunities, celebrating not only our Bermudian Gombey traditions, but also international i nfluences from across the Diaspora.
In 2018/19, in addition to the Gombey Festival
Showcase, the successful programme included a
Gombey Film Night entitled Dance of the Diaspora:
1108 13 March 2019 Official Hansard Report

Bermuda House of Assembly Gombey Festival Film Showcase, at Speciality Cin ema; a cultural exchange between the Bermuda Go mbeys; visiting Shortknee danc ers from Grenada; a
moko jumbie (stilt walker) from St. Croix, and intern ational African dance and drum specialists.
A Gombey community art project took place at
the Botanical Gardens, led by the Chewstick Found ation. And Gombeys and Traditions of the Diaspora: A
Symposium took place at CedarBridge Academy.
Each of these events were free for the public to attend
and participate in.
Madam Chairman, it is the department’s v ision that the Gombey Festival will continue its growth
as an internationally known event, attracting overseas
troupes and visitors alike to our shores. The allocated budget for the year 2019/20 will finance the cost of
travel and lodging for international troupes, event i nfrastructure, financial awards to participating Gombey troupes, and the chosen honouree for this year.

Programme 5203—Community Services

Business Unit 62100—Uncover the Arts
Programme

Hon. Lovitta F. Foggo: Switching to programme
5203, which is Community Service, Madam Chairman,
and the first business unit I will look at is 62100, U ncover the Arts Programme. The allocated budget in financial year 2019/20 for this business unit is
$189,000, which is a slight reduction of $1,000 when
compared to the original estimates for financial year
2018/19 of $190,000.
Madam Chairman, by way of continued par tnership with the Bermuda Tourism Authority, the d epartment provides opportunities for both visitors and
locals alike to discover and enjoy various aspects of
Bermuda’s culture, arts and entertainment. This pr ogramme runs annually , from November to March, and
remains quite popular with both visitors and participating locals, who provide a variety of entertainment and
educational activities.
Some of these programmes include the Skir ling Ceremony at Fort Hamilton, with the Bermuda I sland Pipe Band; Bermudian Cookery Demonstration,
with Chef Fred Ming; the Bermuda Gombey Revue at Pier 6, with the H&H Gombey Troupe; Guided Wal king Tours of Hamilton, Dockyard and St. George’s;
African Bermuda Dispersion Cultural Bus Tour; and
the Somers et Boat Tour of Mangrove Bay. Lunch
Time Cultural Chats with Intriguing Stories, Traditions and Rituals, and Bermuda’s History with Prisoners in Paradise are also offered, Madam Chairman.
The department will be offering a continuation
of the Saturday Night Live Entertainment programme during the financial year 2019/20. This programme offers a platform for local entertainers to perform. Participants include The Wall Street Band, The Unit, De vils Isle Audio, Working Title, Arijahknow Live Wires and the King’ s Band, and Live Comedy with Nadanja
Bailey and Friends.
The venues being used have increased, with
performances taking place at various sporting and
social clubs across the Island. By using several ven-ues across the Island, this programme is expanding
its outreach, and by so doing, making it more attractive and appealing to audiences. Funds allocated for
this business unit are also used to pay vendors, who
host the listed talks, tours and demonstrations, as well
as cover the cost of advertising, rental fees for tents, sound systems, and sites.
And I dare say, Madam Chairman, that this
just speaks to our commitment in Community and Cul-ture in terms of promoting local artists.


Programme 5203—Community Services

Business Unit 62130— Senior Citizen Projects

Hon. Lovitta F. Foggo: Madam Chairman, the all ocated budget in 2019/20 for this business unit is
$63,000. This represents a decrease of $15,000, or
19 per cent, as compared to the original budget est imate for 2018/19 of $78,000. The department conti nues to focus on allocating resources strategically, and
identifying areas of meaningful cultural programming
and heritage preservation that otherwise is not served
by existing community -led programming or gover nment initiatives for senior citizens.
Madam Chairm an, the Department of Co mmunity and Cultural Affairs is responsible for organi sing a variety of programmes and activities for our seniors. During 2018/19, the department will publish a
book of biographies of the lives of approximately 30
outstanding senior s tied to a specific community organisation, and all of those who turn 100 [years old]
within the time period, and this should be for this up-coming year. This will be launched publicly to recognise those honoured. The book will be made available
to the public for no charge.
The department also worked in collaboration
with the Bermuda National Library and Friends of the
Library to coordinate two month- long Seniors Writing
Workshops, led by Mrs. Florenz Webbe Maxwell,
which the department hopes will result i n a public ation.
The events and programmes within this bus iness unit provide social opportunities for senior cit izens to fellowship, enjoy Bermudian entertainment,
and to be recognised within the community for their
contributions. The funds associated wit h this business
unit will continue throughout 2019/20 to provide culturally relevant and intellectually stimulating pr ogrammes and activities for Bermuda’s senior popul ation.
Madam Chairman, I will now discuss the subjective analysis for the Department of Community and


Bermuda House of Assembly Cultural Affairs, found on page B -258. As the budget
total for financial year 2019/20 is the same as the total
original budget for 2018/19, I will speak only to those
subject codes where there are major changes. Ho wever, you will note that t he increases in some areas
are offset by savings in other areas so that the bottom line does remain the same.
Salaries —Madam Chairman, the increase of
salaries of $80,000, or 11 per cent, from the financial year 2018/19 original budget of $705,000 is in p art
due to the salary uplift for all civil servants. The uplift
would also impact other line items such as vacation
earned, certified and uncertified sick leave and acting
pay. Also, there is a budget increase for overtime
compensation of $12,000.
Professi onal Services —Madam Chairman, the
decrease of $27,000, or 5 per cent, represents a cost savings achieved by the department because the
costs associated with a book project, an overseas ed itor, and the Bermuda Literary Awards will not be
needed for fiscal y ear 2019/20.
Materials and Supplies —the decrease of
$80,000, or 37 per cent, represents a further cost sa vings achieved by the department. Funds associated
with the book project, Bermuda’s Entwined Bloodlines ,
will not be expensed in this fiscal year, bec ause book
projects span more than one year. Programming
changes in areas such as Emancipation and Special
Projects will result in less printing. Some of the savings achieved to accommodate the salary uplift were
taken from Materials and Supplies.
Madam Chairman, the total estimated rev enue for the Department of Community and Cultural
Affairs for fiscal year 2019/20 is budgeted at $4,000.
This is a decrease of $2,000, or 33 per cent.
Madam Chairman, this concludes my presentation on the budgetary allocati on for financial year
2019/20 for Head 52, the Department of Community and Cultural Affairs. However, before moving on to
Head 60, the Department of Workforce Development,
I would like to take time out to thank the Director, Mrs.
Heather Whalen, and all of the staff of the Department
of Community and Cultural Affairs, for their dedication,
commitment, energy and enthusiasm. Although not a
large department, the staff work hard, and they are
committed to serving the public with excellence.
Thank you, Madam C hairman.

HEAD 60 —DEPARTMENT OF WORKFORCE
DEVELOPMENT

Hon. Lovitta F. Foggo: Madam Chairman, I will now
shift our focus to the 2019/20 estimates of revenue
and expenditure for the Department of Workforce D evelopment, Head 60, found on pages B -263 to B -268,
and also include pages C -13 and C -19.
Madam Chairman, the mission of the Depar tment of Workforce Development, found on page B -
263, is to provide services to employees, employers and job searchers which strengthen the workforce in alignment with inter national standards, and promote
sustainability and stability within the community.
Madam Chairman, the objectives of the department are:
• to provide employability skills assessment and career development services to job seekers in
satellite locations , and more diverse delivery
mediums —that is, online courses and tutor ials;
• to enact l egislative changes to transition the
current National Training Board into the N ational Workforce Development Board;
• to transition the current Department of Wor kforce Development into a one- stop career
centre;
• to develop an electronic job referral database
for the o ne-stop career centre aligned with the
National Workforce Development Plan; and
• to create a National Certification and Training
Committee designed to meet the needs of
employers and workforce demands.
Madam Chairman, as noted on page B -264,
the Department of Workforce Development has been
allocated a budget of $4,296,000 for fiscal y ear
2019/20. This budget is [$447 ,000] more than the
2018/19 budget allocation, reflect ing a 12 per cent
increase. This increase is primarily due to four staff and the associated programmes being transferred
from the Community Education and Development
Programme to the Department of Workforce Deve lopment. The budget for the Community Educati on and
Development Programme totalled $443,000.
Madam Chairman, the Department of Wor kforce Development comprises the three programmes
as noted on page B -264—General Administration,
Career Development and Training, and Labour Rel ations 6002 [which] is no w attached to Ministry Headquarters. Programme 6001, General Administration, is
responsible for the overall management and admi nistration of the Department of Workforce Development. As seen on page B -264, business unit 70000,
Administration, has been alloc ated a budget of
$651,000 for the fiscal year 2019/20. This budget is $65,000, or 11 per cent more than the 2018/19 alloc ation, due to an increase in salaries for an IT temporary
additional position for a two -year period.
The IT post will assist with upgrading and i mplementing changes to the various computer software applications within the department. The post will also
be responsible for website, database and systems support to the department. Lastly, the post will provide
technical support for PC users , helpdesk maintenance
for the Bermuda Job Board, data collection and sy stem analysis of operational workflows and services. This section is staffed by four full -time employees,
consisting of the Director, an Administrative Accounts
Officer, a customer ser vice representative and the
temporary IT Officer, as stated on page B -266.
1110 13 March 2019 Official Hansard Report

Bermuda House of Assembly Madam Chairman, the purpose of programme
6003, Career Development, is to provide client assessment, job readiness and job search support.
Where appropriate, clients may be referred for training
and other support services that may increase the individual’s prospects for suitable employment and job
retention.
The Career Development Administration is also responsible for understanding current employment trends and the needs of job searchers to design services to reduce employment barriers. As a result, the section works closely with employers, the Department
of Financial Assistance to assist abled- bodied clients,
and the Department of Immigration in regard to work
permit policies. The 2019/20 budget allocation for the
Career Development Programme is $1,357,000, an
increase of $724,000 compared with the 2018/19
budget allocation.
Madam Chairman, business unit 70300, C areer Development Administration, has been allocated a budget of $443, 000 for the fiscal year 2019/20. This
represents an increase of $254,000, or 134 per cent
over the original 2018/19 budget allocation, owing
mainly to the transfer of three staff from the Community Education and Development Programme to this
section. The budget for Community Education staff
totalled $239,000. This section is staffed by five full -
time employees consisting of the Career Development
Manager, two community education coordinators, a
programme assistant and an administrative assistant,
as stated on page B -266.
The Career Development business unit,
70400, has been allocated a budget of $914,000 for
the fiscal year 2019/20, an increase of $470,000 over
the original 2018/19 estimate of $444,000, or 106 per
cent. The increase is due mainly to the tr ansfer of
$400,000 for the Summer Employment Programme
from business unit 70016, plus the transfer of
$144,000 for the Community Education and Develo pment Programme operational costs, less salaries transferred to business unit 70000 in the amount of
$87,000 to fund the temporary IT [post]. This section
is staffed by three full -time Career Development Offi cers, as stated on page B -266.
Madam Chairman, the purpose of programme
6004, Training, is to provide administration and over-sight of the National Traini ng Board activities. This
section supports the apprenticeship programmes, the
distribution of scholarships, professional designation
training schemes and national certification of desi gnated trades. The 2019/20 budget allocation for the entire training programme is $2,288,000, a decrease of $342,000, or 13 per cent, compared with the
2018/19 budget allocation.
Madam Chairman, business unit 70014,
Training Administration, has been allocated a budget
of $283,000 for the fiscal year 2019/20. This budget is
$44,000, or 18 per cent, more than the original
2018/19 allocation, owing mainly to the transfer of one Community Education and Development Programme
assistant. This section is staffed by three full -time e mployees consisting of a Training Manager, a pr ogramme assistant and an administrative assistant, as
stated on page B -266.
Madam Chairman, monies budgeted for bus iness unit 70015, Certification, remain relatively the same at $616,000 for the fiscal year 2019/20. This is a
small increase of $1,000. The staff complement for
this business unit is two, one Standard and one E nforcement Officer, as noted on page B -266.
Madam Chairman, business unit 70016, A pprenticeship and Professional Development, has been
allocated a budget of $1,389,000 for the fiscal year
2019/20, a reduction of $387,000, or 22 per cent. This
decline is reflected in part by the move of the Summer
Employment Programme funding of $400,000 to the Career Development business unit 70400. The staff
complement for this business unit is three Training
and Assessment Officers, as noted on page B -266.
Madam Chairman, at this time, I will shift to
page C -19, Grants and Contributions, which outlines
additional monies budgeted of $1,903,000 for fiscal
year 2019/20. This budget is $60,000 more than the
original 2018/19 budget of $1,843,000, or 3 per cent.
These monies will fund the government -sponsored
Scholarships, Apprenticeship Scheme, Sponsorship
for Trainees, National Certification Training, and the Summer Student Programmes, as follows:
Monies budget ed for Scholarships remain the
same, at $525,000. This amount is forecasted for ap-proximately 40 overseas and 60 local scholarship awards funded for 2019/20.
The funds allocated to the apprenticeship
scheme remain the same, at $446,000 for the purpose
of supporting young Bermudians to gain entry to the
workforce.
The funds allocated to Sponsorship for Trai nees are $114,000 for short -term training programmes,
which are usually less than two years in duration. This budget remains the same as the 2018/19 al location.
Funding for the National Certification Training
Programme increased by $20,000, to $378,000. The certification training programme is steered by legisl ation and designed to ensure a benchmark standard for
the designated trades. Currently, there are four desi gnated occupations: electricians, automotive techn icians, welders, and landscape gardeners.
Funding for the Summer Student Programme
is increased by $40,000, to $440,000. A total of $400,000 is allocated for the department’s Summer Employment Programme, which provides career -
related work experiences for college and university
students. The allocated monies will fund approximat ely 80 students, giving them the opportunity to partic ipate in a 10- week work placement during the summer
months. The additional $40,000 is for the Summer
Internship Programme, a work shadow programme for
high school students. The Summer Internship Pr oBermuda House of Assembly gramme was transferred from the Community Educ ation and Development Programme.
Madam Chairman, revenue for 2019/20 is
listed on page B -265, and is estimated at $28,000.
This budget estimates the expected revenues for fees
charged to applicants registering for National Certif ication and Apprenticeship training in 2019/20. The
statutory application fee for each applicant for national certification is $265, and $50 for apprenticeships. The
budget estimates are 100 new certifications at $265
each, and 20 new apprenticeships at $50 each.
Madam Chairman, the manpower estimates
for the department, as outlined on page B -266, pr esent twenty full -time posts, four more than in fiscal
year 2018/19 due to the addition of four Community Education and Development Programme staff.
Madam Chairman, the performance measures
for the Department of Workforce Development are
found on pages B -267 and B -268.
The National Certification programmes are
outlined in business unit 70015, on page B -267.
The number of persons sponsored for training
during the year was 114, compared to 100 reported
last year. The varied training programmes comprised
the following:
• Canadian Association for Prior Learning A ssessment Recognition (PLAR);
• Welding Inspector Training;
• Construction Association of Bermuda Safety Training;
• Bermuda Hospitality Institute (BHI) Guest -
room Attendant Training; and
• Bermuda College Hortic ulture for Landscape
Gardeners.
Madam Chairman, the department continues
to provide professional development to ensure that Bermudians meet the standards for National Certific ation. A two -day training course was held in June 2018,
through the Canadian Ass ociation for Prior Learning
Assessment Recognition, to train members of the O ccupational Advisory Committee and the Industry A ssessment Panel. Participants developed a proficiency in methods for assessing individuals based on their
informal learning, prior experience and on- the-job
training.
There were 13 participants representing the
automotive, electrical, and landscape industries and
the two Workforce Development Standard and E nforcement Officers [SEO], who completed this training.
After the two- day tr aining in PLAR assessment strat egies, participants achieved certification as PLAR as-sessors to support National Certification. This creates a pathway for persons to obtain National Certification,
based on their work experience, demonstration and
job portfolios.
Madam Chairman, significant progress has
been made towards National Certification. The total number of registrants as of December 31, 2018 were:
• 226 electricians ; • 42 welders ;
• 185 automotive service technicians ; and
• 589 landscape gardeners.
There has been a reputable shift in the number of individuals who achieved National Certification
this fiscal year. This is attributed to equipping the assessors with PLAR certification. As of December 31,
2018, the number of individuals certified included :
• 121 el ectricians ;
• 29 welders ;
• 168 automotive service technicians ; and
• 99 landscape gardeners.
Madam Chairman, I am pleased to report that
the total number of individuals certified as of Dece mber the 31
st, 2018, was 417, compared to the 100 r eported last year. T he remaining non- certified regi strants will continue to be assessed by the Occupational Advisory Committee for approval by the Nation-al Training Board.
Madam Chairman, the Apprenticeship and
Professional Development performance measures are outlined in business unit 70016, on page B -267. The
Scholarship Programmes included in this business unit are available to individuals who are 18 years old and who are interested in expanding their skills,
knowledge and aptitude. Financial support is provided
for local and overseas educational pursuits.
Madam Chairman, the Training Section
awards scholarships based on local workforce needs,
particularly in areas of under -representation by Bermudians. During the period 2018/19, the department
provided funding for 42 stu dents for overseas studies,
of which 29 were new and 13 were continuing awards.
There were 58 students funded locally, of which 34
were new and 24 were continuing. Additionally, 17
students were funded for General Education Diploma [GED] programmes. Theref ore, the total number of
students funded for this fiscal period was 117, a 23
per cent increase from the 95 reported last year.
Madam Chairman, the Career Development
Section performance measures are outlined in bus iness unit 70400, on page B -268. The Care er Deve lopment Section prepares and supports individuals,
particularly in the vulnerable population group, for
work placement. As of December 31, 2018, a total of
1,499 persons were registered with the department as
either unemployed or seeking alternative employment.
In the previous budget year, 1,309 persons were reg-istered with the Career Development Section. There
was a 15 per cent increase of persons registered.
The department has been diligent throughout
the community, encouraging registration for une mployed persons. As of December 31
st, the department
provided career development services for 799 persons during this fiscal year, of whom 327 were new
registrants. The career development services were
varied and included:
• career and skill assessment;
• résumé critique and development;
1112 13 March 2019 Official Hansard Report

Bermuda House of Assembly • employability skills training;
• job search assistance; and
• career guidance.
As of December 31st, a total of 364 career assessments were administered.
Madam Chairman, as a requirement of the
2015 Work Permit Policy, the Career Development
Section received requests for referrals relating to 426
positions, which were restricted jobs within this fiscal
year. There were 420 suitable candidates referred. As
of December 31st, there were 171 reported hires,
compared to 116 for the previous year.
Within this fiscal year, significant upgrades
have been implemented on the Bermuda Job Board, transitioning the referral process for restricted jobs, which [had been] executed manually, to a fully electronic system. This was a necessary enhancement to
increase efficiency and shift to a paperless work env ironment. The soft implementation of a fully electronic
referral system was incorporated in December 2018,
utilising the Bermuda Job Board. Furthermore, the
electronic Job Board was upgraded t o encourage and
solicit constructive feedback from employers who
consider or hire applicants through referrals from the
department. The feedback on individuals that were not hired is vital to address any development areas.
The Career Development Section i ncreasingly
utilises the Bermuda Job Board as a job search and
referral tool to assist clients. Workshops are offered
regularly and are designed to help persons with li mited computer literacy skills to gain confidence and
apply for jobs, to increase their prospects of emplo yment.
Madam Chairman, as of December 31, 2018,
there were 14,639 candidates registered on the Bermuda Job Board, an increase of 2,308 from the prev ious year. The number of employers registered currently stands at 2,102, an increase of 228 from the
previous year. There were 215 jobs posted as of D ecember 31, 2018.
The Job Board continues to see considerable
activity, with 155,335 job applications submitted to date since its initial launch in 2013. Since March 2016,
there are 2,450 repor ted hires through the Bermuda
Job Board, consisting of the following:
• 972 in 2016;
• 753 in 2017;
• 682 hires for 2018; and
• 43 hires to date for this year, 2019.
The Career Development Section facilitates
employability skills workshops to equip job seekers
with the tools necessary for employment success. As
of December 31, 2018, a total of 420 persons partic ipated in training such as interview skills, r ésumé development and self -presentation skills. The lower attendance to date is primarily attributed to no- shows
and low registration. However, it is anticipated that the department will meet or exceed last year’s total of
528.
Major Achievements

Hon. Lovitta F. Foggo: Madam Chairman, I shift to
highlight some of the additional work that was under-taken during t he 2018/19 fiscal year. The Career D evelopment team engaged in a public/private partnership to respond to the hospitality industry needs and
to meet the demand of the workforce. The Guestroom
Attendant Training Programme sought to identify an
avenue for persons on Financial Assistance to re-enter the workforce. The Career Development Section
worked across ministries and with industry stakehol ders to create the well -timed opportunity for Bermudians. The success of the training initiative is attributed to pub lic/private partnership. The key partners that
worked with the department included the Bermuda
Hospitality Institute, Fairmont Southampton, Hamilton
Princess and Beach Club, and the Department of F inancial Assistance. The Bermuda Hospitality Institute was instr umental in identifying an experienced facilitator and
training curriculum through the American Hotel and
Lodging Educational Institute. The department recrui ted the participants, administered skills assessments, vetted candidates and sponsored the t raining. Add itional help with r ésumés and interviewing skills was
also provided.
The Department of Financial Assistance ensured that unemployed able- bodied clients were r eferred to participate. This training was made available to Financial Assistance cli ents to support them in r eturning to the workforce and making a valuable contr ibution to Bermuda’s hospitality industry.
The Fairmont Southampton and Hamilton
Princess provided facilities for classroom instruction
and guided the practical component, pairing trainees
with housekeeping staff to master the Fairmont stan dard and evaluate work performance.
Madam Chairman, each training [session] was
held for a two- week period, inclusive of one week of
classroom instruction and one week of a practical,
hands -on component. At the conclusion, each partic ipant completed an exam to measure their knowledge.
Participants successfully completing the programme
received a broad- based certificate from the American
Hotel and Lodging Association, as a Certified Guestroom Atte ndant, a professional certification which
indicates the highest standards of competence as a
hospitality professional.
Madam Chairman, a total of three cohorts
participated in this joint initiative, with the final cohort
completing in April 2018. A total of 53 persons partic ipated in the training, with a total of 21 reported hires
at the onset of the tourism season. Three participants went further to obtain the Certified Tourism Ambass ador Certification [CTA] through a partnership with the Bermuda Economic Development Corporation and are
now engaged in entrepreneurship training.


Bermuda House of Assembly Madam Chairman, the Career Development
team collaborated with the Ministry of National Secur ity on the 100 Jobs Initiative held in the spring of 2018.
The job fair was attended by a total of 283 persons,
with 32 persons being offered employment onsite and a further 77 potential hires reported by employers at
the time, pending background and reference checks.
Following the 100 Jobs Initiative, the depar tment continued to follow up w ith employers and ca ndidates to determine the outcome. Their efforts resul ted in 29 subsequent confirmed hires over several
months following the initial recruitment drive. As of
December 31
st, the total number of confirmed hires for
the 100 Jobs Initiative was 73. Based on the success
of the initial event, continuation is planned for early spring 2019.
Madam Chairman, the Career Development
team has contacted employers to determine the level of support required for those employed to assist with
job retent ion. Officers have met with candidates who
did not secure employment. Additionally, officers continue to follow up with their clients who attended the
initiative, but were unsuccessful, offering supportive
services to improve their readiness for the workforce.
Individuals have been sourced from the pool of cand idates for the Hospitality Training and have also been
referred for subsequent opportunities not related to
the 100 Jobs.
Madam Chairman, the department is keen to
increase awareness of their services through a widespread community outreach programme. For this purpose, the department has hosted Career Development, Training and Registration Drives in Somerset at the Allen Temple Church, and at the Devonshire Recreation Club, at St. George’s Cricket Club, and at
Warwick Workmen’s Club. The intent was to take the
department’s services “to the streets.”
Madam Chairman, the Summer Employment
Programme, coordinated by the Career Development
Section, assists Bermudian college and university
students in the development of their career goals by
connecting work experiences to their academic lear ning. Work assignments are professional in nature and
based on entry -level job descriptions. Interns receive
placements within government, private, and non- profit
sectors , where they develop leadership and decisionmaking skills, time management, conflict resolution,
and career and work competency standards.
Madam Chairman, the Summer Employment
Programme commenced in May, with 95 students being placed in internships based on their areas of
study. Each intern completed up to 10 weeks and r eceived a $5,000 stipend for work performed. This year
the programme was originally budgeted for 80 st udents; however, because of the increased demand,
approval was provided to put 20 add itional students to
work in the summer programme. Madam Chairman, each year we have a
group of phenomenal students. Lance Brown II, sum-mer intern and student at University of Plymouth in the
United Kingdom, shared his experience at the closing
breakfast reception for all participants. He said, “I am
currently pursuing a Bachelor’s of Science degree in Electrical and Electronic Engineering and have just
completed my second year of studies. This summer I interned within the Ministry of Public Works, Works
and Engineering, alongside principal engineers. My
experience there has afforded me the opportunity to
learn about the different software programmes engi-neers use for completing daily tasks. These included
AGI 32, AutoCAD and ETAP. These programs are
vital, as they give engineers the ability to test and
show the expected outcome of their work.
“One of the tasks I did last year in the pr ogramme was an Island- wide crosswalk survey. This
task involved conducting a survey on the condition of crosswalks and pedes trian beacons around the Island
and presenting those findings. The surveys then led to
research into alternative pedestrian beacons, which
are being used today. The entire Summer Emplo yment Programme is great,” according to this student. “It gives students first-hand experiences in the field of
their choice.” He says that you just cannot beat this.
“These summer employment experiences can help
students during their academic studies and future employment. I think it is a great programme and hope it
can grow and continue for many more years.”
Madam Chairman, Sara Bucci, an intern and
Biomedical Science student at Kings College, London,
shared her experience working this summer with H elix, Genetic and Scientific Solutions Bermuda. She
said “This summer I had the opportunity to work in the
lab at Helix, performing DNA and paternity testing. The experience really helped me to identify my future
career path. I did not realise that I would gain this le vel of experience or exposure in my chosen field in
Bermuda. This summer has been an invaluab le exp erience.”
Lastly, recent graduate of Kings University
College at University of Western Ontario, Brandon
Sousa, shared his experience interning with the Mini stry of National Security, pointing out that the work he
has been doing this summer has been at the forefront in recent media, working on Bermuda’s blockchain
strategy. He shared that he has great prospects for
employment once completing the program due to the
level of exposure and experience gained through his
interns hip.
Madam Chairman, it is important to highlight
students’ experiences and the work the section co ntinues to do each summer to prepare youth for Bermuda’s workforce. The Career Development team has
been very active in the Department of Education, participating in Career Fairs with CedarBridge Academy
and Dellwood Middle School, Career Assembly with
Dalton E. Tucker, conducting S3 student interviews for CedarBridge Academy, and facilitating senior sem i1114 13 March 2019 Official Hansard Report

Bermuda House of Assembly nars for both Berkeley Institute and CedarBridge
Academ y.
Madam Chairman, in September of 2018, the
Career Development Manager was invited to present
at the National Council on Workforce Education A nnual Conference in Clearwater Beach, Florida, along
with Valerie Palamountain, Fulbright Specialist, and
Tawana Flood of Bermuda College. Ms. Palamountain
previously assisted the National Workforce Development Plan Working Group with the development of
Bermuda’s National Workforce Development Plan. The presentation focused on Workforce Development
in a Global Economy and detailed much of the work
completed locally on the National Workforce Deve lopment Plan.
Approval was also obtained for two Career
Development Officers to attend the National Council
on Workforce Education Annual Conference with the
Career Development Manager. The One- Stop Career
Centre team in Clearwater Beach hosted the staff on
a tour of their facilities and met with the team to pr ovide an overview of the centre and workforce deve lopment strategies utilised in the United States. The professional development opportunity is directly
aligned with the National Workforce Development
Plan.
Madam Chairman, the staff training and pr ofessional development are vital to assist with providing the services for the unemployed, youth and special
populations. It is important that officers remain current
with trends, best practice employment guidance, service delivery and labour market information. Further, it
is particularly critical that officers obtain the necessary training to implement and support the recommendations outlined in Bermuda’s National Workforce D evelopment Plan.
Advocating learning as a life- long process, the
Career Development Section has joined several pr ofessional organisations, namely, the National Career
Development Association, National Council on Wor kforce Education and the Bermuda Human Resources
Association. Subscribing to professional organisations
increases the opportunity for professional develop-ment, networking and employer engagement.
Madam Chairman, the Apprenticeship and
Trainee Programme has successfully engaged industry partners in developing opportunity for full -time e mployment and training for apprentices. The department
has been keen to promote employer incentives for
formalising apprenticeship and trainee opportunities.
Appr enticeships are generally three to five years. E mployer incentives and trainee benefits include payroll
tax waiver for the employers; subsidised wages and
training for the employers; paid on- the-job training,
work experience, and an industry qualification for
trainees; and sponsored education and professional development for trainees.
Steady progress has been achieved in this
area, with 12 companies registering a total of 47 ap-prentices as of December 31, 2018. The following
companies have registered apprentices:
• NRG Limited;
• Department of Public Transportation;
• Pinks Salon;
• BAC Group of Companies;
• Crisson Ltd.;
• Noble Automotive;
• Efficient Technologies Bermuda;
• Otis Elevator Bermuda;
• Bermuda Telephone Company;
• BELCO;
• Fairmont Southampton; and
• Bermuda Energy Services Company Limited.
The department has also formed new partnerships with industry for short -term trainee programmes.
These programmes are generally less than two years.
The department has successfully engaged six new
companies to train Bermudians i n the fields of medical
coding and billing, computer programming, residential
and commercial cleaning, heavy equipment operation,
and water waste management.
Madam Chairman, the department, in partnership with Bermuda Telephone Company [BTC], spon-sored 10 apprentices. Ten young Bermudian males commenced with BTC in February 2016. The depar tment provided funding assistance for training. Nine of the ten apprentices were acknowledged on Febr uary 1, 2019, for successfully completing, with an internationally r ecognised credential —City and Guild,
Copper and Fibre Training Certificate.
Madam Chairman, the department continues
to have a strong working relationship with the Fai rmont Southampton. Fairmont is committed to develop-ing Bermudians in the area of culinary arts. Currently,
there are five apprentices enrolled in their Culinary Arts Apprenticeship Programme, two females and three males. Each year, their apprentices attend five
weeks of training at Holland College, Prince Edward
Island, Canada. It is antici pated that the apprentices
will have acquired the relevant number of work hours
to qualify them to sit the Red Seal International Cert ification exam by 2021, to receive their Red Seal Cert ification in Culinary Arts.
Madam Chairman, the department sponsored
eight Bermuda Electric Light Company [BELCO] ap-prentices for training in the United Kingdom. Three apprentices attended Uniper Engineering Academy, and five apprentices received training from Western
Power Distribution. All eight apprentices were hired b y
BELCO in July 2018 and commenced overseas trai ning the following month. The programme is a four -year
apprenticeship, which consists of 18 months of overseas training in the United Kingdom and the remaining four years consists of on- the-job supervised tra ining
with BELCO. During this period, the assigned Training and Assessment Officer provides training support and monitors their progress.


Bermuda House of Assembly The department sponsored five Bermuda Air
Conditioning Group of Companies apprentices for
training at the Bermuda Col lege this fiscal year. The
apprenticeship is for a five- year period, including theory and supervised training monitored by the Training and Assessment Officer.
The department, in collaboration with the
Construction Association of Bermuda, co- sponsors
annual scholarship awards. Scholarships are granted to outstanding students studying toward professional
and managerial degrees in construction- related areas
of concentration. Six recipients received funding in the
following areas: construction management, ci vil eng ineering, mechanical engineering, and general construction and engineering.
Madam Chairman, in addition, the Construction Association of Bermuda, in collaboration with the department, provides National Centre for Construction
Education and Research [NCCER] Safety and Health
training programmes at a reduced cost to clients of
the department. This arrangement allows persons to participate in on- demand safety training to increase
their prospects of employment in the construction i ndustry. As of December 31, 2018, a total of 36 clients
have completed the NCCER Safety and Health trai ning.
Madam Chairman, in October 2018, the Bermuda College, Division of Professional and Career
Education [PACE], in partnership with the department,
launched a horticulture programme to create a pat hway for candidates to achieve National Certification.
Seventeen candidates enrolled in the initial pr ogramme, with seven unemployed participants benefi tting from shared sponsorship. Again, the department has made significant strid es in the area of National
Certification.
In keeping with its commitment to create a
National Workforce Development Plan, the Gover nment delivered on its pledge, presenting to the House
of Assembly and general public the Bermuda National
Workforce Developm ent Plan, during fiscal year
2018/19. The plan outlines six high- level strategic pr iorities, which include:
1. employer and industry engagement;
2. alignment of the Workforce Development Sy stem;
3. creation of Career Pathways;
4. youth workforce programmes;
5. universal access to education, training and
career services; and
6. government resources and funding.
Madam Chairman, it is important to note that
the plan prioritises employer and industry engagement
within the Workforce Development System to gain a
better understanding of employers’ talent needs. For
this reason, the department will ensure that employers are embraced as partners within the Workforce D evelopment System and that the plan is industry driven. The department recognises that there must be i n-creased strategic interaction between the Workforce
Development System and the business community in
order to better understand the required skills, occupational growth, and barriers to Bermudians gaining employment and advancing in their careers.
The department realis es employer engagement is fundamental to building a skilled and qualified
pipeline for Bermuda’s workforce. Industry -sector
partnerships will lead to increased opportunity for
businesses to become involved with education and
training. This will also amplif y resources for work -
based learning, on- the-job training, apprenticeships,
internships and professional development within the
workplace.
Madam Chairman, to lay the groundwork for
employer engagement, it will be critical to enact the
Workforce Development Board legislation to promote
majority business representation on the National
Workforce Development Board and Occupational A dvisory Committees —specifically, representatives with
policymaking and hiring authority for existing and
emerging industries. This will help to ensure that all workforce initiatives meet the needs of employers and
support economic growth in Bermuda.
Furthermore, the department will create the
framework for a One- Stop Career Centre as the hub
for the Workforce Development System or primary
location of service delivery. The One- Stop Career
Centre focuses on comprehensive and coordinated
services for adults, youth, employers, special popul ations (such as persons with disabilities) and Financial
Assistance clients.
The Government has t aken initial steps to
streamline workforce development services within Government by dissolving the Community Education
and Development Programme. This resulted in trans itioning staff and resources into the Department of Workforce Development, effective as of September
2018. Ultimately, this allows for better utilisation of
human and financial resources in the delivery of services to the public. Further, it reduces duplication of
workforce services and begins to lay the framework
for a One- Stop Career Centr e. The centre will provide
universal access to education, training and career services for Bermudians.
The department will ensure that workforce
initiatives are deliberate, industry driven, customer
focused, and sustainable. A coordinated approach to
work force development will transform the way in
which education, training and services are provided, to create a talent pipeline for Bermuda’s workforce—a pipeline for all career levels within industry.
The Workforce Development System includes
industry, the Department of Education, the Depar tment of Workforce Development, Bermuda College,
and all agencies or departments peripherally assoc iated with helping individuals enter or re- enter the
workforce. Therefore, workforce education and initi atives must and wi ll begin earlier so that our youth un1116 13 March 2019 Official Hansard Report

Bermuda House of Assembly derstand specific career pathways, the requisite skills
and education for occupations, where to access r esources, and the professional organisations or regul atory body associated with a specific industry. The
Workforce Development System will transform and
create avenues to employment.

Plans for the Upcoming Year

Hon. Lovitta F. Foggo: Madam Chairman, I will shift
and try and highlight the work that will be undertaken
in the 2019/20 fiscal year. The department, along with
the National Workforce Development Plan Working
Group, will lay the groundwork to support the impl ementation of the National Workforce Development
Plan. The plan is very comprehensive and includes
multiple recommendations. During this period, the department will work to achieve the following towards
realising the plan for Bermuda:
• Establish the National Workforce Development Board;
• Create the framework for Bermuda’s OneStop Career Centre; and
• Consult with key stakeholders to review the
facility needs for the creation of Bermuda’s
first One -Stop Career Centre.
During the 2018/19 fiscal period, considerable
consultation occurred with key stakeholders around
the plan. Stakeholders and employers have given
their support of the recommendations. The depar tment recognises the importance of marketable work
skills. During the consultation period, employers and
human resource professionals consistently indicated the need for job seekers to develop and strengthen in
the areas of soft and life skills.
Madam Chair man, these are critical characteristics needed for employee hiring and retention in
the workplace, apart from the requisite technical skills. As such, with the transfer of staff from the Community
Education and Development Programme, the Career Development Section plans to expand its offerings of
employability skills training to include online and eve ning courses in community clubs, churches and schools. In other words, the Career Development Section will elevate the level of in- house training offered to
clients and to the general public. Funds have been
allocated to utilise experienced facilitators to deliver
employability skills and additional training.
Professional development for the depar tment’s staff is essential in order to meet the diverse
needs of our clients and to support implementation of
the National Workforce Development Plan. Customer
focus, project management, coaching skills, business
writing, workforce education, addressing barriers to
employment, and working with special populations will
be the focus of staff training for the department.
The department plans to continue hosting job
fairs and community initiatives to provide employers
and clients with the opportunity to connect. By hosting community initiatives throughout the Island, the d epartment hopes to achieve the following:
• Establish a presence in the community, b ecoming more visible and providing coordinated services by partnering with community organisations;
• Educate the public about available services
and how to best utili se the s ervices to re- enter
the workforce;
• Provide career development and employment
readiness services in the community;
• Empower Bermudians and equip them with
proven strategies to reach their career goals;
• Build a talent pool registry of unemployed
persons who would not ordinarily come to the
department for services; and
• Rebrand the department as a viable resource
for career development services, workforce
programmes, scholarships, funding, appre nticeships and training opportunities.
Madam Chairman, as we seek to grow services and programmes for the unemployed, the d epartment’s marketing strategies must also advance with technology. For this reason, the department will
utilise digital media packages, text message boosts
and social media campaigns to ensure that the message of opportunity and hope reaches a wider aud ience. The department plans to develop promotional
material designed to assist job seekers with organi sing their job search and providing them with the latest
technology. An orientation of the departm ent with r esource materials will be distributed to customers on
complimentary flash drives to reduce paper and i ncrease client comfort and proficiency with technology.
Madam Chairman, a work readiness curric ulum will be sourced and purchased to ensure persons
completing a series of training with the department are not only prepared for the workforce, but possess an internationally recognised employment readiness cr edential. Passports to college programmes will also be
introduced to promote and support col lege readiness
for our youth.
Madam Chairman, the Training Section will
continue to heighten awareness of the incentives
available for formal apprentice and trainee pr ogrammes. There appears to be a positive correlation
between increased awareness of empl oyer incentives
and the establishment of new apprenticeships. In
alignment with the National Workforce Development
Plan, the Training Section will shift its approach to
creating more deliberate training opportunities for
Bermudians. The approach will be more measured to
understand what resources are needed to stimulate
greater on- the-job training opportunities for the unemployed.
In addition to registering apprenticeships for
current employees, the section will work more proactively, reaching out to emplo yers to source new trai ning opportunities for the unemployed. More flexible


Bermuda House of Assembly apprenticeship arrangements will be implemented to
provide on- the-job training for persons who would not
otherwise be afforded the opportunity.
Madam Chairman, a pilot for this approach is
currently underway with the Construction Association
of Bermuda [COAB]. The intent is to partner with the
COAB and its members to provide opportunities for at
least six apprentices within the first quarter of the
2019/20 budget year.
There is also opportunity to assist employers
by providing support to train their Bermudian staff, in an effort to encourage career advancement. Doing so
creates an avenue to open up entry level positions for
unemployed Bermudians. The incentives available to
employ ers for apprentices and trainees also apply in
these cases. Preliminary discussions with employers
have revealed that they are unaware of the incentives
available to them for facilitating career advancement
and professional development for Bermudians. Ther efore, the section will similarly shift its approach and
adopt an employer engagement model to increase opportunity for the unemployed and underemployed.
Further, the department will work with the Department
of Communications to increase awareness of the
available incentives for developing and promoting
Bermudian employees.
The need has arisen for more strategic succession planning within government, particularly in the
trades and technical professions. In the coming fiscal
year, the department will collaborate with the Depar tments of Works and Engineering, Marine and Ports,
and Public Transportation to identify areas where
training is required over three to five years. The de-partment has committed, this fiscal year, to sponsor
overseas training for up to six persons to become Certified Power Engineers. The need is largely required to
fill vacancies due to natural attrition.
Madam Chairman, the Bermuda College, in
collaboration with the department, will launch accredited courses for the Automotive Technic ian Training
Programme. The benchmark standard for this training
is City and Guilds and will provide a sustainable pat hway for National Certification.
The department is also in the process of upgrading the welding facilities at Bermuda College,
Tech Hall , for welding training and testing. The facil ities upgrade supports National Certification and will
allow for remote video testing, invigilated by the C anadian Welding Bureau [CWB] in Canada. This arrangement will allow for on- demand testing locally and
eliminates the need to bring in overseas invigilators,
resulting in reduced cost to the department.
Madam Chairman, the Department of Wor kforce Development is making significant efforts to pr ogress National Certification and recertification for elec-trician s. In collaboration with Bermuda College, the
department will launch an online training and testing
platform, which will be facilitated through the Bermuda
College National Training Alliance. This initiative will provide greater access to requisite courses for N ational Certification. Further, the online platform will be augmented by traditional on- demand classroom trai ning. Both the online platform and traditional classroom training will be aligned with the 2017 National Electr ical Code Standard.
Madam Chairman, the department is commi tted to ensuring that Bermudians are not disadva ntaged and that they are prepared to meet the needs of
the workforce. As I conclude my presentation, I would
like to take this opportunity to acknowledge the hard-working staff of the Department of Workforce Deve lopment, led by Director George Outerbridge. This
group is at the forefront of assisting Bermudians in
preparing for the world of work.
Lastly, I would also like to thank the National
Workforce Development Plan Working G roup, chaired
by Senator Jason Hayward, for their work towards the
National Workforce Development strategy for Berm uda.
Madam Chairman, this now concludes my
budget presentation, specifically for Head 60, but also
for Heads 20 and 52, collectively, from t he Ministry of
Labour, Community Affairs and Sports.
Thank you, Madam Chairman.

[Ms. Susan E. Jackson, Chairman]

Good evening, Madam Chairman.
I would like to start out by saying that I appr eciate the opportunity to give feedback and ask for
some information on Heads 20, 52 and 60. I would
also like to take the opportunity to thank Honourable Minister Foggo for a very detailed brief, answering a
lot of my questions. I appreciate that, so as I move
forward, I am going to ask some questions specific to
each head. And then I will wait for your guidance on
those answers.
I am going to start with Head 20, which is
Youth, Sport and Recreation. I would like to say that, in preparation for this specific head, I looked back
over several years of Hansards, looking at the Shadow Ministers and the Ministers, some Shadow Mi nisters becoming Ministers. And looking at it, there has been a repetition, year after year, multiple people as king for more funds for Youth, Sport and Recreation,
speaking to all of the important issues of Youth, Sport
and Recreation, and then seeing that , year after year,
either the budget gets reduced or there is no change
to that budget.
I would like to take this opportunity to say that
this is such an important part for Bermuda. And we really need to figure out how we are going to shift to
1118 13 March 2019 Official Hansard Report

Bermuda House of Assembly get the legislature, as a whole, to understand the i mportance of this particular head. We can change our
future by how we deal with our youth. And one of the
issues that we have is that when we have a situation
where our budget means that we have to make cut-backs, this is the first spot that gets cut. This is the
first spot that does not get what it really needs. So, I
know that the Minister, in this role, has seen that there
is huge need for improvement. But there are not the
resources to make those changes.
When we look at what is going on in Bermuda
as a whole, with some of the antisocial behaviour, we are seeing this in the news on a regular basis. Some
of the sports facilities are actually being [seen] in the
news not for the important things that they are doing
with our youth or events for our population to take part
in. They are actually being highlighted for the fact that
there is antisocial behaviour that is happening at
these facilities.
As we look at how much money is being put
towards sport, you have to understand that, as the
society has shifted, there is actually more need for us
to be putting money towards the changes that we are
looking for from our youth. Coaches are now being
expected to play multiple roles. They are going to be
mother and father sometimes. They are making sure
that these young people are fed. We have anger management issues, so now they are playing the role
of psychologist. On and on, these changes mean that,
in youth and sport, we need to actually direct more
funds so that we get int o a situation where we can
support everybody who is actually part of this Ministry
and all of the different stakeholders throughout Ber-muda who are taking part in making sure that all of the
programmes are happening in youth and sport.
So, with that, I am going to start with General
Administration. I am just going to go into some of the
numbers. This process, for me, is really so that we
can highlight overall what we are spending throughout
the Ministry. But, as I stated, this is really an exercise
of me t rying to figure out how we can get more money
into this Ministry so that more of these programmes
can happen and we can take better care of our youth so that what we see in the future is going to be different than what we are seeing presently.
On page B -250, starting at Administration,
30045, General Administration, the Minister spoke
specifically to the $93,000 difference. And I believe
that most of it was put towards the addition of a staff
member who was brought in from another Ministry. If
the Minister could give us details of the job description
of that particular person and what this change has
meant for the Ministry? What has the addition meant,
and can we have a performance measure of the add itional person, has it caused a change throughout the
Ministry, and what improvements have happened with that addition?
The next area is Sports Development, 30055.
The Minister started to give us a breakdown of some of the areas where this money is being spent. If the
Minister could give us an actual, full break down of
each area that this money is being spent on, just from
the perspective of, as we see what we are spending
for each area, it will allow us to now realise that we should be putting more money to this, because there
are certain areas that are getting left out. There are
certain areas that, if we focus on them, they can give
us a better result. So, if the Minister could please pr ovide us with more details, I believe she gave us some of the breakdown, but if possible, if we could get more detail into what is available.
I believe the Minister talked about the coac hes initiative. I think it was $58,000 that went to the
coaches programme. I talked about it in the very beginning, about the changes in what is expected from coaches. Because we have to do more with less, and
these roles have expanded for some people, we need
to give them the tools to be able to do the job that we
are expecting them to do. So, this is one step in that
initiative. But, potentially, we need to try to figure out
whether we can give them some basic information on
how they deal with the anger management issues
within our sports, which come from the ones who are
giving us the negative highlight and making it difficult
for us to highlight the positive that is happening with
our young people.
Going along with the specific programmes
that are going to be within sports programmes under 30055, if possible, for the money that is given to each
of these areas, is it possible for us to have a performance measure? So, when we come to this point each year, we have an idea of how each of these
blocs is performing according to the money that is given to them so that when we are asking for more
money, we should be able to present, This is where
we were the previous year. This is where we are moving. So, if that is broken down by sport, if that is br oken down by programme, obviously, having perfor-mance measures allows us to be able to show how
we are improving. And then it is a lot easier for us to
justify an increase in the fees.
I would like to look at page C -7. On page C -7,
I believe it is 75128, National Sports Centre Capital
Grant. There was a revision of $1,020,000 from the original estimate. If the Minister can provide us some
details of what that $1 million was spent on and a potential breakdown on how it was spent, that would be
helpful.
And continuing on page C -19, I believe that
the Minister spoke to the fact that one of the grants
being given was specifically to the National Sports
Centre, an additional grant. And the reason that this
additi onal grant was given, I believe, has been aimed
specifically to the swimming pool and the added cost
of that swimming facility. So, I first want to declare my
interest as the National Swimming Coach of Bermuda. But there are some details specifically to th e National


Bermuda House of Assembly Sports Centre and the added costs that I have some
questions regarding.
If possible, can the Minister separate the cost
of the pool, when it was added to the facility? It was
mentioned in the budget, and it was mentioned again today that the pool’s increased cost is one of the main
factors to the increase in cost of the overall facility.
So, if we could separate how much the pool is costing
compared to whatever the rest of the facility is costing,
then we would have an idea of what impact the pool is
having.
And once we look at a number and see that
the pool cost has increased, and created an issue with
the overall facility, which now means that we are ha ving to give more money towards the facility . . . I am
not saying that we should not be giv ing money to the
facility. But at the same time, when we are looking at
the point that we are not increasing the amount of
money that we are giving to our lead athletes, we are
not increasing the money that we are [giving] to the
programmes and we are expecting more from the programmes, it is difficult to justify an increase in one
direction when we are not seeing it for the actual pr ogrammes and the people so that we can see that r esult.
So, now we have to figure out —the money
that we are giving, is it justified? So, the questions that
I am going to ask specifically to that are, How many
public schools are using the pool? When the facility
was built, that was one of the main reasons that this
facility was brought online. It was that there was a
mandate for everybody in Bermuda, all of the children
in Bermuda, to learn how to swim and for us to deve lop a swimming programme. And so, my question is, Are we actually seeing an increase in the public
schools participating in swimming? Are we seeing an
increase in the public schools having access to this
facility? And if they are not utilising the facility, is it a
cost situation?
If we could get some details on what those
numbers are, and if there is an impact on them not
using the facility, if we have some detai ls on what
those are and how we can actually make some adjustments so that we can improve that situation.
One of the things that we have been able to
do from a sports tourism situation when it comes to the actual facility at the National Sports Centre is to
attract teams from overseas. So, one of the situations
now, by having a 50 -metre pool, it has allowed us to
attract teams from overseas to train in that facility. My question is, Who is paying for the facility when those
teams come in? Is it the Bermuda Tourism Authority,
or is it actually the team that is coming in to train at
the facility?
One of the issues with the pool is that, in the
wintertime . . . we have very deep water, which means
that it is difficult to heat that facility. That deep water is
there because there is a diving facility at one end of
the pool. With that diving facility there, creating an extra cost for the heating in the wintertime, I have a
couple of questions. One, can we see the difference
between the cost of the facility when we are not using
the heaters, compared to when we are using the heaters? Can we also know, what is the revenue that is coming in from diving? When you look at how much
it is costing you, we need to also know what the benefit of it is. Are we producing divers? So, do we know
how many divers we are actually training in Bermuda?
And what revenue is being brought into the facility
from diving?
There has been some discussion in the initial
budget, and again today, about looking at some r eductions in the cost of running that particular facility so
that we can cut down on the overall cost of the N ational Sports Centre, but specifically because the pool has become quite a bit of the burden on the rest of the facility.
With that being said, when the facility was
being proposed and built originally, were there any
details that looked towards reducing the cost of heating, reducing the cost of energy? And have some of those proposals now been brought forward, because
they were not implemented originally, so that we can
now see what reductions we can make? And is there
a cost analysis of how much we are going to have to
pay in order for us to make these reductions?
Going back to Athletic Awards, so on page B -
250. It is line 30030, Athletic Awards. So, the first
piece is , I believe that $100,000 of this is towards the
Elite Athlete Programme. It is given to the Bermuda
Olympic Association for them to control the funds so that we can support our Olympic athletes, or at least
develop athletes towards the Olympic dream. My s pecific question to this is that this is 2019. With the Olympics being held in 2020, should we not be seeing
an increase in the support, as we are preparing to
have athletes try to compete and qualify over the next
18 months? And with that being said, do we have specific
performance measures towards the money that is being utilised in that programme right now so that we
can, once again, see that this is the money that we
are putting towards it and this is the results of our
spending that money? So that whe n we get back here
next year and we are looking to add funds and get
more money towards this Ministry, we can have the
details that allow us to really argue that point with
some backup.
The second part to the Athletic Awards is the
annual scholarship awar ds, the National Junior Scho larship Award, and there has been an additional
$50,000 that has been put towards that programme. I
know that there are a lot of young people who have
participated in that programme and seen the benefits
of it. And I think it is an important initiative. But there is
a piece that I think that we should just look at overall
when we make these specific kinds of decisions. A lot
of this particular resource is spent overseas. We
1120 13 March 2019 Official Hansard Report

Bermuda House of Assembly spend a lot of this money sending people away or getting training that happens outside of the country, when
really, if you bring somebody into Bermuda, now more
people benefit from the programme as opposed to
one individual who goes, learns some of the infor-mation and potentially does not bring all of that information back to Bermuda.
More bang for your buck if you actually have
the opportunity to spread that message to multiple athletes as opposed to one. It can still be done under
the same programme, because you want to highlight the athlete who deserved to w in it. But if we looked at,
potentially, bringing somebody in to do a training
camp, now that person gets the benefit of maybe
some one- on-one private sessions. But having that
person locally now allows us to have access to that
expertise and allows our coaches to get that exper ience and to get that information so that when that person leaves, we will be able to continue to use that
information to improve multiple athletes in Bermuda.
Moving on to Sports Facilities, still on page B -
250. So, my first questi on is about a sports facility that
I do not see on here right now. I know there was di scussion of it. It is the boxing facility that was supposed to be put, I believe, in St. George’s. If we could get
some more details about that. I know that there are
some people specifically in this House who would be
interested to have that facility up and running. If we
can get some details of where it is at this point? I am
going to say specifically that, when you have a cou ntry that is seeing a lot of our young men involved in
antisocial behaviour, and particularly with the anger
management issues, sometimes having them be able to develop their skills and hone that skill, and to be
able to aim their anger to something specific that is
actually more productive, potentially we are going to
get boxers out of that.
But the more that we show our support for
that kind of programme . . . and, obviously, Bermuda
as a country was able to get our only medal at the
Olympics from boxing. So, it would be a great opportunity for us to highlight a great success for Bermuda.
And also, potentially look at a particular area that can
work with our young men and women and help to pr ogress and get out of some of the social ills that we are seeing presently.
Within the [Budget] Book, it tal ks about some
of the increases in attendance when it comes to the
parks. This is actually going to be under Performance
Measures, and it is 30075, 30080 and 30090, looking
for a target outcome of increasing participation by 50
for each of these areas. So, my question is, What is actually being put in place to attract more people to
participate, to be part of these programmes? It is great
to have a measurable here, a target. But what are we
actually going to do to achieve these targets? Other-wise, these numbers in here will not actually have the
impact that we want them to have. If we want to get more of our young people i nvolved in sport and we want to get more of our young
people doing positive things, then we have to figure
out a way to attract them to that instead of the negative things that they have been attracted to recently. And let me say specifically, it is not all of them. Most
of our young people in Bermuda should be highlighted
for all of the positive things that they are doing. But
what we are really trying to do is figure out a way to
get some of those ones who have gone in the antis ocial direction to move to a positive way. And we can
do that by figuring how we are going to attract more of
them to these kinds of programmes.
On page B -251, I am actually going to go to
where it says Clothing and Uniforms. So, the Minister will know that I also sit on the committee, the associ ation—

Thank you.
So, where it says Clothing and Uniforms. So,
what I was saying is that the Minister would know that
I also sit on the Association of National Sports Go verning Bodies, which has been looking at some of the
initiatives to actually increase the national pride and
for us to try to show what it means to be representing Bermuda nationally. And one of the those has been
the national colours and the change to the national
colours. So, if the Minister could give us any details
that she has right now on how that initiative is moving
forward, and more specifically, if there are any
thoughts, going forward, whether we will have a na-tional uniform so that when athletes travel, they are all
going to be looking the same and feeling the same
and knowing that they are representing Bermuda and
the pride that should go along with that.
I know that there was some discussion of tr ying to buy in bulk because, obviously, you know, when each individual sport is trying to buy something speci fic, it is much harder. But if the country is doing it, they
are going to be able to get a reduced rate. And then,
they can pass that on to the individual sport. So, if the
Minister can give us some more detail on where that initiative is.
On 30210 . . . let me see if I can find that a
little better. Youth Development.


Bermuda House of Assembly The Chairman: The same page?

Sorry. Page B -250.
The Minister gave us some details about a
youth development policy. If she could give us a little
more detail on that policy and the targets for impl ementation so that we have an idea of when we should
be able to see these changes come into effect.
On page B -253, and I am looking under bus iness unit 30055, Sports Programmes, the number of
registered National Sports Governing Bodies. The targeted outcome is looking for a reduction in the N ational Sports Governing Bodies. So, I guess what I am
speaking to is, I believe that this is speaking to the
overall policy that is being put in place for the national sports. So, all National Sports Governing Bodies are
going to be participating in the certification policy.
So, my question is, Has that certification been
presented to all the National Sports Governing Bo dies? What has the feedback been since having that
presentation? And do we have steps in place so that sports will have the opportunity to try to reach certif ication before the intended deadline of December 2019? Just so that we have a better idea of whether
some sports are going to be left out, even though they
have been, you know, working hard up until this point,
doing great things with the youth. What impact is this change going to have? Because I know that there are
going to be some sports that potentially are not going to be able to get everything done at this point in time.
Not all sports have proper administration, you
know. Some sports are trying to do everything with maybe one volunteer. It is important that we make sure that we cover all of them. I know that there are
going to be different levels within this programme. But
if we could get some details of what that looks like,
[because] I think the public would be interested to
know what this certificat ion is going to look like and
what impact it is going to have on sport.
Madam Chairman, at this time, I am going to
take a seat and see if I can get some answers from
the Minister on these particular questions. And then, I
will follow up after that. Thank you.

Thank you, Member.
Is there any other Member who would like to
speak? I recognise the Member from constituency 23.
Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman.
Madam Chairman, I just have a couple of
questions for th e Minister. If I go to page B -253, Head
20, for the performance measures in respect of bus iness unit 30030, the Athletic Awards, we had an a verage amount awarded per junior athlete in 2017/18 of
$3,571. We had a similar forecast for 2018/19, which
has been revised downward to $3,333. And now we
have had a further downward revision, to $3,125. And I am just curious, knowing that costs externally are
increasing, are we planning on doing fewer athletes
with the money that is there? Or why are we decreasing the amount that we are intending to spend on our
junior athlete programme? That was one question.
I also had another question, and that is, in the
Minister’s brief, on page B -251, in the Afterschool
Programme, under programme 2009, business unit
30125, we ha d an original 2018/19 estimate of
$1,037,000. And that has been revised downward for 2019/20 to $941,000, which is a reduction of $96,000. But in the Minister’s brief, she read that the decrease
is based on an uplift in salaries. So, clearly, there is
some thing that is amiss in the actual description on
what caused the difference between that $1,037,000
and the $96,000 decrease. If part of that $96,000 decrease is an uplift, then there has to be a larger de-crease in something else. So, I would like to find out
what comprises that $96,000? Because, clearly, it
cannot be only salaries if salaries were uplifted.
The other question that I have is, the Minister
had indicated in her brief that, with respect to salaries
and wages, there was an admin error with res pect to
camping at Messina House. And it actually came up a
couple of times throughout her brief. I wonder if the
Minister could just give us a breakdown in terms of,
we had rentals. The Minister indicated that the Mess ina House, there was an error correct ion.
And then we also had, up in salaries and
wages, something to do with Messina House. And I
am just curious as to what the component parts of the
error correction are so that we can break that out from the regular costs that are going to be —this is in the
subjective analysis —so that we can have an understanding of what comprises the Messina House error
correction amount. So, if we can get a breakdown on
that.
The other thing that we have is, on Materials
and Supplies, this is on page B -251, with respec t to
the subjective analysis. There were two areas, both
materials and supplies, to which my honourable co lleague just referred, as well as other expenses. And
the Minister indicated that there were just sort of infl ationary costs, effectively, was what she said. The question begs, in materials and supplies, and other expenses, if we can get a breakdown of the component parts to find out whether this is an area in which
bulk purchasing might benefit some kind of savings in
terms of just saying that. I mean, it is only $10,000 in
total. But if we have $10,000 that we can save, there is $10,000 more that we can perhaps offer to an at hlete. So, I am just curious about that.
And the other question that I have is on page
B-252, with respect to the revenue summar y, Head
20, Youth, Sport and Recreation. We have registration
fees, under programme 8315, and that is on page B -
252, Registrations. We have an expected $100,000
estimate, which is down $20,000 from the estimate
from the prior year, as well as afterschool v ouchers,
1122 13 March 2019 Official Hansard Report

Bermuda House of Assembly which are $400,000, down $20,000 again from the
prior year. The Minister indicated that we are serving
fewer clients. And my question is, What specifically
are we attributing to the service of fewer clients? Are
we saying that we have got fewer ch ildren in the sy stem? Are there people who have actually moved
abroad? What is it that is causing that anticipated lack
of additional revenue?
And that would be helpful, because when we
look at personnel, if we are servicing fewer children,
we are expecti ng less revenue. But we do not have
any reduction in the full -time equivalents of emplo yees. So, I am just curious as to, we are getting less
money coming in on the income side, and we are servicing fewer clients. Do we still have the justification for the specific number of staffing that we have in that
regard?
And the other question that I have is on page
B-257, under programme 5202, on Cultural Affairs.
And the grants to organisations, 62000. There is an amount of $229,000. If I go to the breakdown of t he
grants to organisations under Grants and Contributions, which is in the Budget Book on page C -19, we
have a total for Community and Cultural Affairs of 346
total. And when the Minister gave the breakdown, she
gave the breakdown of everything except that
$117,000 that is the contribution to cultural activity.
And I am just wondering where in the Budget Book
are we capturing that $117,000? It might be there in
front of me, but I did not see it. So, if the Minister
could clarify that for me, I would be appr eciative. And
for the moment, I will leave my questions there —oh,
no.
With respect to my colleague’s comments with
respect to the cost of the electricity costs on the heating of the pool, of the swimming pool at the National Sports Centre, the question is , Have we looked into
the possibility of using solar heating for that, which
may help to ameliorate some of the costs relating to
the actual electricity in heating the pool, you know,
summer and winter? And another question, a final
question that I have is with respect to grants being
given to the—

Members, we are in debate. Can we
please watch our volumes? Thank you.
Proceed, Member.

Hon. Patricia J. Gordo n-Pamplin: Thank you, Ma dam Chairman.
With respect to the National Sports Governing
Bodies, the NSGB’s, one of the biggest challenges
that is always there, obviously, we have a limited supply of money. But are we looking at the benefit that we
are getting from the outputs from some of our at h-letes? We get athletes going off to swim meets. And I
guess I can declare an interest in that, I am a great -
auntie of one of the most successful swimming fam ilies that we have. But we have these kids returning
from swi m meets with 10, 12, 15, 20- plus gold medals. And the allocation of funding for that governing
body is miniscule by comparison to the money that we
are spending in some of the other sports.
We have our National Athletic Association,
where we see mammoth s trides by our athletes in
terms of the output. But yet, we do not have the kind
of input financially for the development and training for
those athletes. And I am not suggesting that we do
this to the exclusion of other athletics. But I am very
concerned t hat we are only paying lip service to the
young people who are really performing. And if they are showing output, they are showing benefit, they are showing advantages coming from the training that
they are getting, ought we not to be considering how
we can enhance the training dollars that are going into
those particular sports? And in particular, I say swi mming and track, BNAA [Bermuda National Athletics
Association].
So, for the moment, those are my questions.
Thank you.

Is there any other Member who wis hes to speak?
Minister, you have a few questions. But I just
want to note that the time is now 7:17. And this debate
has approximately one hour and one minute left.
Hon. Lovitta F. Foggo: Thank you. Thank you.
I will attempt to answer the majority of the
questions.
Okay. You asked, I think the Member, Mr.
Smith, asked about the additional $93,000. We had a
transfer of a member coming across from Education.
And he was placed in an existing post. However, he is operating as a Sports Develo pment Officer. And it r equired increased monies to his salary. And that is
where much of that increase is coming from with r espect to the $93,000.
And then, of course, as you can appreciate,
with the salary increases, with the uplift that has further adde d into that amount.
Okay. The statement that the reduction in the
Youth Development budget —the budget increased
from $9.654 million to $10.109 million, which was an
increase of 5 per cent. And perhaps you were not
looking at the errata that gives the actu al figures, the
corrected pages. That is what I am going to assume.
In terms of the national colours and the un iforms, that is progressing. And we are working on f inalising and whether or not we are going to be bringing that in bulk, because the aim is to have Bermudian
colours clearly identified for all sporting bodies.
Okay.



Bermuda House of Assembly [Inaudible interjections and laughter ]

Hon. Lovitta F. Foggo: No.
You mentioned the boxing gym. I can tell you
that we have been in collaboration with the Ministry of
Works. As you can appreciate, we have to find a
proper site for that. And we want to make certain that
if we are going to set up a facility like that, it is mai ntained and under appropriate management. So, that is
a work in progress, and we are working towards that .
In terms of the cost that you spoke about r elated to the operation of the pool at the National Sports Centre, as you did identify that you are a
swimmer and you know that, when it comes to mai ntaining the temperatures of pools, they are capped
within tight specific temperature ranges, because the
temperature has to be at the optimal temperature for
swimming and other water sports. And so, it requires
its being cooled in the summer, to maintain that te mperature range, as well as being heated in the winter .
And when the pool was built, I do not think sufficient
works were done around what the operating costs
would be on a yearly level to maintain keeping the
pool in prime condition and keeping the temperature
[controlled]. So, the energy bill has been astro nomical.
And so, that is what we are looking at.
But we are tasked with doing both summer
and winter maintenance of the temperatures of the
pool. So, it is not [a situation] that in the summer you
leave the water hot, and in the winter you heat the
water up. But you have to cool the water in the summer.
Okay. So, in terms of the public schools that
use the pools, we can attest to the fact that Purvis
Primary, in particular, use it [all year]. And what they
do is they fundraise all year long in order to use the
pool. And so, they pay for the costs of the pool.
You also asked what was the $1 million
breakdown that you saw in . . . I cannot remember if it
was page C -7. But it was to fund repairs that are currently taking place to the National Sports Centre Grandstand. So those monies were going towards
that. And that is continuing.
The National Sporting Bodies, with respect to
performance measures, what has been put in place is that the National Sporting Bodies must submit a yearly report on how funds are t o be spent, what their objectives are and how they intend to meet those objectives. And generally, you have around 16 to 18 N ational Sporting Bodies which ask for funding every single year. Also included in those monies, as I think
you heard me say, is that all of the funding that is put in place for that particular business item is the monies
for BSADA [Bermuda Sport Anti -Doping Authority].
And again, just so that you are clear, if we do
not have BSADA operating, our athletes will not be
able to participate overseas, nor will foreign athletes
be able to come to Bermuda. So, it is absolutely nec-essary to have funding in place for BSADA. And their
grant money is $650,000.
And I can tell . . . you also asked about, I think
both you and Honourable Member Gordon- Pamplin
asked what is in place in terms of trying to make the
pool more energy efficient. The trustees have sent out
proposals looking at energy -saving initiatives. And we
have also taken advice from the Ministry of Public
Works to try to make certain t hat whatever energy
programmes we have put in place have their seal of approval and will result in savings further down the road.
With respect to your question about the
$50,000 allocation for youth sponsorship, previously we only sponsored one athlete per sport. But as highlighted in my brief, we are now trying to ensure that
we sponsor two, one being a male and one being a female. We want to make certain that everyone has
opportunity to participate in whichever event that they
so choose.
And that is where you saw what you highlighted as being a slight decrease. The decrease is to try
and ensure that we reward every athlete for their efforts in each particular sport. So, it might be a slight
decrease, but nonetheless, everybody benefits.
And you did ask for what is the approximate
cost of running the swimming pool with respect to energy. It is costing the taxpayer approximately $50,000 a month. So, you can appreciate why we find it —we
are definitely turning over every leaf to ensure that we
put in energy -saving mechanisms so that we reduce
that cost.
The question was asked, What comprises the
cost of Messina House? Basically, it is rented from
WEDCO, and also, we have to pay for a caretaker’s
cottage and salary. And the amount that it totals is
$260,125 p er year. I think both you and your colleague did ask questions regarding that.
Okay. You asked about the certification. The
reason why we have certification in place for the N ational Sporting Bodies, and standards were provided
to all National Sporting Bo dies, is because we must
ensure that we create the avenue to allow sports to
improve and the administration of sports to improve.
And through certification we make certain that all of the National Sporting Bodies meet a minimum standard of governance befor e being granted the status of
a National Sporting Body.
And they must also demonstrate that they
have open membership. They have to have an exec utive in place and a constitution, and they have to have
annual general meetings. And going forward, we have
made it clear that they have to provide us with a pr ogramme. In order to get funding, they will have to pr ovide us with a programme and what they plan to do with that programme before funding allocations are
given to them. Because that is the standard that w e
are going to be holding them against, and we will have
that to use as a yardstick of measurement.
1124 13 March 2019 Official Hansard Report

Bermuda House of Assembly And those, I think, are the answers [to the
questions] that were [asked] thus far.

Thank you, Madam Chairman. Just
that some of the answers to the questions have act ually prompted some other questions. And I had a couple of questions that I did not ask the first time.
So, the Honourable Minis ter just explained
that the pool facility has a cost of about $50,000 a month to run. When you add that to the point that only Purvis Primary School is utilising the facility, and they
are taking all year to fundraise so that they can use
that facility, th en I guess my question is, How much
are they using it once they do that fundraising? It
seems a little odd that we are spending that amount of
money, taxpayers’ money, and a public school has to fundraise all year in order to use it. And we are not
actuall y attracting the other public schools to utilise it,
probably because it is cost prohibitive.
So, step one, you are going to actually have
to have a gym teacher who is interested in swimming.
Then, they are going to have to use this fundraising initiative . So, my question is, What are we doing to
give incentive to the public schools to actually use the facility that we are spending all of this money on? B ecause if we are not actually reaching the public
schools, but we are spending the public purse, what i s
the reason why we are doing it?
With that, there is the discussion point that in
the wintertime you have to heat the pool, and in the
summertime you have to cool the pool. There is a
bather -load question. How many people are actually
utilising the facil ity in order for us to justify spending
this amount of money to heat a pool in the wintertime
when the public is not really using the facility? So,
once again the question is, for this amount of money,
what are we going to do about it?
I know that there were some initiatives about
reducing the cost of heating, initially, that were not
taken up. And I know that this issue has been going
on for quite some time. But, looking at this pool facil ity, there was a temporary building that was built, the
changing r ooms and everything is actually a building
that was not actually meant to last forever. If the Mi nister can give us an update on, Does this building
need upgrades? How long do we think that the buil ding will continue to last? And will we continue to see
more costs from this particular facility when we do not
seem to be seeing the performance measures when it
comes to the public using it, when we are spending
taxpayers’ money?
Under Sports Facilities, so page B -250, [bus iness unit] 30060, I have a question of another facility
that actually is not mentioned. The Government r e-cently paid some money for the Sandys 360 facility. I
am wondering if the Minister can give us any information on where we are with that facility. Does it continue to be closed? Do we hav e any idea? Will that be
brought into Youth and Sport as a facility that has
been brought under the government purse? So, just
any information that the Minister can give on that particular issue.
There was also Community Centres. So, this
is still on pag e B-250. And it is, I guess the full heading is [programme] 2006, Community Centres. If the
Minister can give us a breakdown of the usage of the
three individual facilities. We got some numbers on
how many people are using totally, but if we could find
out how many people are using each individual centre
so that we have an idea what the usage is and what we should be doing to maybe attract more people to use those particular facilities?

Minister.

Hon. Lovitta F. Foggo: The Honourable Member’ s
question, she asked the question about the $117,000
for [programme] 6881. That is split between Heritage
Celebration, the Gombey Festival, the Apprentic eships, the Tradition Bearers, the Folklife, the R esearch Grant, and Uncover the Arts. These funds are
allocated for cultural organisations and individuals who have unique projects that help to further Berm uda’s culture and arts communities. This allows the
department to fill our mission of being cultural cur ators. That was your first question.
For the gr ant funding, and I may have answered this before. The grant funding, $50,000 was to
swimming, $50,000 to track and field, $100,000 to
cricket, $650,000 to BSADA, $150,000 to the Berm uda Olympic Association. All other sports get less than $20,000 to ensure that most National Sporting Bodies
receive some level of funding.
You asked a question about Messina House
and what was [missing there] that made it incorrect. It
was the rent that was $148,574. That was the error.

I was going to say, is t here any other
Member who wishes to speak? But you are already on
your feet. So, I recognise the Member from constit uency 23.

Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman.
I just want to confirm. The Honourable Member said it was $148,000 on rent on the Messina
House. So, that would say that $112,000 was the di fferential on salaries? Because the total amount that
you had indicated earlier for the error, you said Messina House was rented from WEDCO, that the car etaker’s cottage and the salary combined came to
$260,125. And now you are saying that $148,000 was


Bermuda House of Assembly for rent. So, is that saying that $112,000 is for the sa lary? Or are there other —

Hon. Lovitta F. Foggo: Salary, the grounds and
maintenance of the cottage.
Hon. Patricia J. Gordon -Pamp lin: Salaries and
maintenance, okay. Thank you, Madam Chairman.
Madam Chairman, I have one new question
and a couple of follow -up questions.
With respect to the swimming facility, are
there any community sponsorships where we are getting revenue coming in to help to offset the cost of
operating the pool? Because I do remember being
there and having one of the corporate entities coming and giving some benefit a couple of years ago. I just
wonder if that programme was still ongoing.
In addition to which, my honourable colleague
had asked earlier about the foreign training. When we
have foreign teams coming in to train at the national
swim facility, who is paying? Is it the team the mselves? Is it the BTA?
And he also asked the question, to which he
did not g et an answer, and that is, What is the contr ibution of the diving facility in terms of, what is the re venue coming from the diving facility? Because, clearly, part of the heating or the water temperature maint enance is because we also have the diving facil ity
there. So, it is not just the ordinary swimmers. So, is there some differential that we can determine?
The other question that my honourable colleague asked was whether there is any possibility of having an increase in the budget in respect of the fac t
that 2020 is an Olympic year? And as a result of
which, we are going to be hard- pressed for our at hletes to try to meet various qualifying standards. And
that is going to cost additional money. So, in a time
when we are in an Olympic year in terms of the budgetary cycle, does it not make sense that we would be looking to ensure that we have got more money going
into the budget? And how can we do something to
help to ameliorate that situation?
Also on programme 6881, you answered as to
where they are in t erms of $117,000, or what it comprises. But what I did not see under the budget for
Community, Culture and Sport, I did not actually see where it was. I see the $229[,000], which is the
$346[,000] excluding the $117[,000].
But I just did not see where the $117[,000] is
in the budget numbers. I am sure it is there som ewhere, but I just could not see exactly where it was.
Because when it says Grants Organisations, the Grants Organ isations are showing just the $229[,000],
whereas the book, on page C -19, the total is
$346[,000]. So, it is a $229[,000] plus this $117[,000]. So, now you have told us what the com ponent parts of
the $117[,000] are. But where do I find that $117[,000]
in the numbers? I am just trying to find that out. I will leave you to answer thos e questions,
and then I may have one or two others. Thank you.

Is there any other Member who would
like to speak?
No?
Minister.

Hon. Lovitta F. Foggo: Okay. In terms of the swi mming teams that come from overseas, much of that is
funded by the BTA.
At this point in time, I am not able to give you
the answer for what the diving contribution is. We can
undertake to find those figures for you.
Hold on. Okay. In terms of the question about
Sandys 360, that comes under the Ministry of Public
Works. I am not able to answer that question at all.
And I will await any further responses that I
may have for you.

[Pause]

Thank you, Madam Chairman.
Just speaking specifically again to the pool,
obviously with my background I have some specific
information that I can add to this. But when it comes to
heating and the cost of the facility, can the Minister let us know whether the facility has covers to cover the
water so that the heat is not being lost in the middle of the night when it is cold? Because that actually can
[result in] as much as a 20 per cent reduction in your
heating costs. And I know that because I have just
been through t his process.
So, does the facility have covers? And if it
does have covers, are they being utilised?

Any other Members who would like to
speak?
No.
Minister, you have a few more questions.

Hon. Lovitta F. Foggo: In response to how many
people use the community centres, I am looking at
these numbers. And I think it suggests that if they are
adding up the numbers collectively throughout the
year, you have them being used in the summer day camp programmes, they are used after school, the
afterschool community. And you have . . . (I cannot
even read this. I do not know what this number is because the writing is hard to make out.)
I think that there are about 40 kids who may
use Sandys, and St. George’s about 30 who may go
there on a daily basis after school. Yes. Okay.
1126 13 March 2019 Official Hansard Report

Bermuda House of Assembly And what is being suggested is that, once we
have a further infusion of technology, we should very
likely see an increase in the usage of those facilities. I
do want to point out that both Sandys and St.
George’s have fewer operational hours than the Ham-ilton centre, just to let you know.
In terms of whether or not the pool is covered
at night, as you can appreciate, this comes under the trustees. And it is an operational matter. And so, we
can again get those answers for you, because they
would have the answer to that.

Would any other Member wish to
speak?
I recognise the Member from constituency 23.

Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman.
Madam Chairman, we did not get the r esponse to where the other $117,000 is in the budget. I
just could not find the number. And it may not be that it is in one specific place, but it would be useful to be
able to know where it is and how it is being accounted
for in the number.
And also, I did not get a response in terms of
whether there had been any consideration given to increasing the budget with respect to the training budget for athletes, given the fact that we are on the
cusp of the 2020 Olympics and therefore are likely to
require additional funding.
We also asked—there was also the question
asked in terms of how much is Purvis, as a school, having to spend in their fundraising in order to be able to utilise the facility? And why are we not attracting
other schools? I do not think that we got an answer to
that question, either. And I think that was the only ot her question that I see to be outstanding.

Hon. Lovitta F. Foggo: I do have one answer for you
with respect to the $117,000. It is spread throughout
most of the cost centres. It is a line item in the Cash
programme, and it is not broken down in the Budget
Book. And also, what is stated here is that the differ-ence with the funds is that they are contributions and
basically not grants.

Hon. Patricia J. Gordon -Pamplin: Thank you.

Honourable Minister, so the difficulty
is that the pool is deep because of diving. So, when the numbers do not match why you are actually having a pool that deep, it is becoming difficult for me to
understand. So, we talked about how expensive it is to use. And in the wintertime, we are heating the pool. And I understand. There is a FINA [ Fédération Internationale de Natation] rule that says that the pool has
to be heated between 78 and 82 degrees. But that is
actually meant for specific reasons.
So, what are we doing in the wintertime that
actually justifies us heating the pool to that number? Do we have a large number of people who are using
the facility during the wintertime that justifies keeping
it at that [temperature]?

Minister.

Hon. Lovitta F. Foggo: In terms of numbers, I cannot
speak to that. But what I can say is that the pool is
utilised all year long. You do have people who use the
pool, who swim there, whether they are training for a
triathlon or what have you. But we have people who
use the pool all year long. And they do pay to use it.

So, on page B -250, I am just going to
look at programmes one more time. This is a specific
question about —we have athletes in Bermuda now
training in multiple sports. And with that, there is the
opportunity for them to then travel overseas and get


Bermuda House of Assembly universi ty scholarships based off of their athletic abi lity.
Has there been any discussion on how sport
and education can have a collaboration on making
sure that we are on a pathway for the NCAA Clear-inghouse, and how we get our athletes to be able to
go overseas and take advantage of the scholarships
that are available under NCAA?

Minister, would you like to answer
that question?
Hon. Lovitta F. Foggo: That basically falls under the
remit of the National Sporting Bodies. And there are
certain cri teria, as you can appreciate, with the var ious different sporting agencies. What we have ascertained to do here in Bermuda is to make sure that
coaches get the ability to have further training to e nsure that we are staying up with international best
practi ces and standards. And in so doing, they are
helping our children to be exposed to those best practices and standards and, hopefully, meet the mark in
terms of qualifying.

Is there any other Member who would
like to speak?
I recognise the M ember from constituency 23.

Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman. You realise that this subject is very dear to my heart, as I am a wannabe athlete, good
athlete.
However, I am going to move on, if I may, to
firstly the Department of Community and Cultural A ffairs. And I want to go to page B -260, with respect to
performance measures under business unit 62020,
Heritage Celebrations. And we note, under item 2(a) ,
the number of groups in the Bermuda Day Parade.
We had a revised forecast for 2018/19 of 42, up from
an original forecast of 30. But for 2019/20, we have gone back down to the initial forecast of 30 groups in
the parade.
As well as item 2(b) , the number of floats in
the Bermuda Day Parade, in which we had a revised
forecast. W e had an original forecast of eight. We had
a revised forecast of 12, which would suggest that
maybe 2018/19 was a banner year. But it has gone
back down to eight. Now, I am fully cognisant of the
effort that is put in by the Department of Community
and Cultural Affairs, having had the privilege of being
a Minister in that Ministry at one point in time and
looking at the amount of hard work that goes into this
Bermuda Day Parade.
I am wondering, with respect to having r educed the target outcome for 2019/20, what measures are being put in place so that we can help to enhance the participation? When we look at eight floats, I r emember there were days when there were so many floats in the parade that you wondered whether we could accommodate them all within the time frame
with which the parade was destined to last. So, I am
just very concerned that we do not want to see the
good efforts that are put in by the department literally
going to waste. And what are we doing so that we can assist in trying to bolster t hat membership and that
participation by various community groups to make
sure that we can keep those numbers up, that we
have 30, or more than 30, groups in the parade and
that we have more than eight floats in the parade?
Or, are we considering that 30 and eight are
the optimum number that we can accommodate an ymore? It just seems to me as though it is just a lot of
effort, and there is just not quite as much output as we
would like.
Also, on page B -261, under business unit
62050, under National Heroes Day, it was to organise
and display seven banners. But yet, we have a co nsistent output of actual income, original forecast, r evised forecast and targeted outcome of eight. And this
is on page B -261. And I am wondering whether we
should not just change the performance output measure from seven to eight. If eight is what we are doing, and we are saying that we have performance output
of seven, why not just change it to eight if eight is
what we are actually producing on a consistent basis?
I am also checking with respect to page B -
262. And that is Senior Citizens Project, under bus iness unit 62130. And that is organising educational
and cultural seniors’ events. Now, I know that one of
the exciting things to which seniors used to look, certainly in the day, was the opportunity of having the
Seniors Cruise. And I am wondering whether that, in
fact, is still being done, as well as we did have the
Premier’s Seniors’ Tea, which I believe was done u nder the auspices of the Community and Cultural A ffairs Department . And I wondered whether those two
events, so that our seniors can have that feel -good
. . . they dress up to the nines, Madam Chairman, and
they really enjoy the outing for the day. And I just
wondered whether those were still going on.
I also wanted to . . . just because I do not
want to lose the opportunity —I realise we just have a
few minutes left. With respect to Workforce Development, we were showing, on page B -267, under [bus iness unit] 70015, Certification, the average sponsorship per person. First ly, the number of persons who
were sponsored for training, we had a revised forecast
of 374 in 2018/19. And even though it is significantly
up from the original forecast, our targeted outcome for
2019/20 has gone back down to the 100 persons. And I am just wondering why.
And then, when I look at the average sponsorship per person, we had a revised forecast of $450 as against $1,600. But for this 2019/20, we have an
average sponsorship per person of $1,000. And I did
not, unfortunately, hear clearly, and I am sure the Mi nister covered it. But I did not clearly hear exactly what
1128 13 March 2019 Official Hansard Report

Bermuda House of Assembly was comprised in the sponsorship, if the Minister
could just verify that for me.
The other question that I have is, on page B -
268, in respect of business unit 70400, Career Development, we were showing the number of candidate registrants on the electronic Job Board. And that actual outcome, going back to 2017/18, was 12,331. So,
we had an original forecast in 2018/19 of 12,500, with
a revised forecast going up to 14,000, and the targeted outcome for 2019/20 being 16,500. So, are we being overly ambitious? Or is that really a realistic output measure that we can really anticipate having, 16,500
candidate registrants on the electronic Job Board?
And, by the same token, the number of e mployers registered on the electronic Job Board has
been relatively static, at just . . . well, it was 2,000. It
was 1,950– 2,000 with the original and revised for ecasts. And it has been targeted now for 2,200. And
the question is, What outreach, advertising outreach
has been done in order to encourage more employers
to register on the Job Board so that the availability of jobs is obvious to job seekers?
And, with that said, the number of individuals
hired through the Job Board, now we had an original
forec ast of 1,750 in 2018/19, as against an actual outcome of 1,844 in 2017/18. We have a revised forecast
of 2,420 in 2018/19. But that number, as a targeted outcome, has gone up to 2,800. And while that is extremely ambitious, and I certainly wish every success,
my question is, between the 16,500 registrants that
we have and the 2,800 number of individuals who are
projected to be hired, what will become of the 13,700
individuals who perhaps are not being captured in these statistics? And I would just be curious to know
what the outreach is in that respect.

Is there any other Member who would
like to speak?
No?
Minister.

Hon. Lovitta F. Foggo: In terms of the question r egarding the Seniors’ Cruise, I can say that that Se niors’ Cruise had been cancelled for budget reasons.
But in terms of the tea, the Premier organises the
Senior Tea. But we organised a senior luncheon. And
I can say that this luncheon is about to take place—
tomorrow. So, the Community and Cultural Affairs
Department is still doing something for seniors in this
respect through the teas and the luncheons.

Hon. Patricia J. Gordon -Pamplin: Tomorrow?

Hon. Lovitta F. Foggo: Yes.

Hon. Patricia J. Gordon -Pamplin: So, where is my
invitation?
Hon. Lovitta F. Foggo: Oh! [Laughter]
Hon. Lovitta F. Foggo: I can tell you that in terms of
participation for the floats and what have you, we
have emailed past participants and targeted schools, PTAs, various sports clubs and community groups.
And we are, as I stated in my brief, having an upco ming float -building workshop. So, we are doing ever ything to try and ensure that we get maximum partic ipation.
I think that the Member Smith asked a question about the NAACP [sic] . I can say that we in the
sports area—

Hon. Patricia J. Gordon -Pamplin: It is the NCAA.

NCAA.

[Laughter]

Hon. Lovitta F. Foggo: Thank you.
Hon. Patricia J. Gordon -Pamplin: But we understand.
[Laughter]

Hon. Lovitta F. Foggo: Yes.
We are looking at more ideas for sports
scholarships. And we have been rev iewing a pr ogramme and a partnership with some colleges. And
that is still being drawn up, and it is in the infancy stage. We have had some colleges that have offered
to pay half -tuition, and government sponsor the other
half. But we are looking. We have t o partner, as you
can appreciate, with the Ministry of Education in terms
of trying to ensure that a programme such as this does move forward. And so, that is where we are with
respect to that.
And you made mention about page B -261,
about the changed output measur es to . . . yes, so
you can . . . Yes. Okay.

[Inaudible interjections]

Thank you, Madam Chairman.
On Head 52, just a couple of quick questions.
On page B -260, [business unit] 62000, for the Grants.
There are five grants for non- government organis ations that support cultural heritage. Would it be poss ible to list the organisations and get some detail on
what they were able to achieve? And, the same thing
for the four organisations that were in support of the


Bermuda House of Assembly arts. So, this is on page B -260. And it is the Grants,
business unit 62000.

Hon. Patricia J. Gordon -Pamplin: I did not get an
answer.

On page B -261, it is business unit
62050, for Heroes D ay. Just a question. There is an
event that happens where there are 400 in atten dance, depending on whether there is a hero or not. So, just the simple question is, Will there be a hero for
this year?

Hon. Zane. J. S. De Silva: Hey, look at me!

Hon. Patr icia J. Gordon -Pamplin: I agree.

[Laughter]

Minister, would you like to answer
those questions?
Hon. Lovitta F. Foggo: I do believe that I answer ed
the question in my brief with respect to the hero. We
said that we are not recognising a new hero. But we
are putting extra emphasis into the former hero, Mary
Prince, doing research around that. And we are going
to be doing year -long stuff with respect to that.
The question was asked about sponsorship
and what it comprises. On sponsorship, it includes overseas and local training and tuition, accommoda-tion and air fare costs. So, I am not sure which one of
you asked that question.
[Inaudible interjecti ons]
Hon. Patricia J. Gordon -Pamplin: The Workforce
Development question.

Just note that we have 15 minutes left
for this debate.

Hon. Patricia J. Gordon -Pamplin: That is fine.
Thank you.
I was just waiting for the responses in respect
of the Workforce Development questions that I had
[asked]. I think that they are coming. So, I am happy
to wait for a minute.
And I have to ask, Madam Chairman, the
Honourable Minister indicated that the Seniors’ Luncheon is tomorrow. My question is, What does one
need to do in order to get an invitation when one
qualifies for having reached that lofty height?

[Laughter]

Just for the benefit of the listening
audience, we are now in Committee of Supply for further consideration of the Estimates of Revenue and
Expenditure for the year 2019/20. And we are currently looking at the programmes under the Department of
Labour, Community and Sports. And we have Heads
20, 60 and 52.
Minister Foggo, you have the floor.

Hon. Lovitta F. Foggo: Yes. I believe that a question
was asked about outreach to the employers. And basically, focus groups are planned and have been
planned with employers to understand the Bermuda
Job Board and the benefits of using it, and about using the Bermuda Job Board in order to ensure that we
recruit suitable persons.

I recognise the Member from consti tuency 23.
Hon. Patricia J. Go rdon -Pamplin: Thanks, Honourable Chairman.
I just wondered also about the differential, of
the 1,605 who are registered, we are projecting the number of individuals to be hired to be $2,800 [sic]—I
mean 2,800 people. (You can trust me, numbers are
just on my brain.) But my question is, What are we
going to do with the other 13,700, the differential be1130 13 March 2019 Official Hansard Report

Bermuda House of Assembly tween those who are registered and those whom we
hope to place? Because that is a significant number of
people. So, the question is, What are we going to do
with those?
Also, is there any indication as to the
weighted time lag for which the 16,500 people are actually on the Job Board? In other words, have they
been there for an extended period of time? Are these
people who are registered, is there hope of gett ing
them placed in any way, shape or form? And is there the possibility of having another job fair that might help to produce some additional jobs that might be
made available to some of those 16,500, or the
13,700 on the differential?

Minis ter.
Hon. Lovitta F. Foggo: In part, let me say this, that
some of the people that you speak of, what happens at times, people do end up securing employment. And
in spite of best efforts, they do not report that to Wor kforce Development. And so, although you may see
those numbers up there, it may not accurately reflect of that group how many have been employed. We rely
only on their coming back to us and giving us feedback.
You asked something about those who are
registered and what we are doing to try an d make up
the certification? Did you ask that question?

[Inaudible interjection]

Hon. Lovitta F. Foggo: Yes. And what I can say is
that, for all of those who are registered, we are constantly relying on our assessors. And we did graduate
a new cohort of assessors in order to speed up that
process. And in the meantime, as long as persons are
registered and the department knows that these persons are on the list to be certified, they are allowed to
continue in their place of employment.
It is those who ar e not registered and are not
certified that we try to look out for, because they are not meeting the requisite requirements to be em-ployed. So, yes.

I recognise the Member from consti tuency 23.

Hon. Patricia J. Gordon -Pamplin: Thank you, Ma dam Chairman.
Madam Chairman, in light of the Minister’s
revelation that we are relying on people to keep the
department up to date in terms of their Job Board applications, I ask the question, What is kind of an average length of time that people are reg istered? B ecause it would appear that maybe there needs to be a
policy implemented to purge the Job Board for dated
applicants, on contact of the applicant to say, You
have been on the Job Board for a year. We haven’t heard from you. And if you don’t get back to us by a
certain period of time, then your name will be r emoved.
Not because we are looking to disenfranchise
anybody from the opportunity of getting a job, but to
be able to have a Job Board that is manageable so
that there could be an active recr uitment process going on that actually ends up being meaningful.
And a final question that I have is, with r espect to the average sponsorship per person, which is
$450 as a revised forecast, and it is now targeted to [increase to] $1,000, and this is on page B -267, bus iness unit 70015, under Certification.
The question is, What exactly is comprised
within that $1,000 of spo nsorship? What precisely
does the sponsorship entail?

Is there any other Member?
No?
Minister.
Hon. Lovitta F. Foggo: Further to my comment r egarding the Job Board, also added to it is the fact that
all of those persons listed on the Job Board are not
necessarily unemployed. And the majority, or the l ion’s share of them, are not Department of Workforce
Development client s. But nonetheless, that does not
take from what I had said previously. People who are
on there and they are now employed, some of them
secure jobs and forget to come back and provide
feedback. I think that is the answer to that.
And you said, What is entailed in the $1,000?
I will just get that answer for you.

I recognise the Member from consti tuency 23.

Hon. Patricia J. Gordon -Pamplin: Thanks, Madam
Chairman.
And while the Honourable Minister is waiting
for the answer, the question begs , How can we have
an effective methodology by which we purge that
mammoth number to determine those people who do
not need it? Is there any possibility of follow -up? I r ealise that this is manually intensive for somebody in
the department to be dedicated t o follow -up people
who are on the Job Board. But is there any way that
this can be done so that people who are no longer
looking are actually removed from the Job Board so
that they have a more manageable number, which to
manage?

I recognise Minister Foggo.
Hon. Lovitta F. Foggo: In response to suggesting a
more efficient and effective way for the Job Board to
operate, the Job Board makes persons inactive if it is not used regularly. And they have to set themselves


Bermuda House of Assembly back up on it. And so, that is sort of, I guess, a management device already built within the system.

Thank you, Madam Chairman.
One final question on Head 20 for Sport, just
a policy question. Does the Ministry of Youth and
Sport have any policy regarding sponsorship of youth
events by alcohol -selling sponsors? Just, obviously,
because we are trying to make sure that we are sending the right message to our young people, I just want
to know whether there is a specific policy that speaks
to sponsorship by alcoholic companies for youth
events.

Minister, just so that you know, you
have four minutes left.
Hon. Lovitta F. Foggo: Thank you.
To that, I will say this. If we are talking about a
youth event that is taking place, [and if] anybody u nder the age of 18 is part of an event, there can be no alcohol served. So, we do not allow sponsorship by
alcoholic entities to people under the age of 18. Yes.

I recognise the Member from consti tuency 23.

Hon. Patricia J. Gordon -Pamplin: Thank you.
Just for clarity, there is a particular youth
event that is, effectively, as we speak, being spo nsored by . . . I do not know if I want to call the name of
the company, but that is being sponsore d by a company that is known to be an alcohol -related company.
So, if the Minister is saying that those sponsorships
are not going to be permitted . . . I recognise that consumption would not be permitted; that is a given. But the question really was, Is t here a policy that says that
an alcohol company is not permitted to sponsor a
youth event? That was the question that we asked.

Minister.
Hon. Lovitta F. Foggo: That is a different question.
However, let me just repeat the fact that, at a y outhsponsored programme, there is no serving of alcohol.
I will endeavour to find out if, for instance, we
would allow sponsorship coming from an organisation
like that. We would not allow alcohol. But we—

[Inaudible interjection]

Hon. Lovitta F. Fogg o: Yes. Exactly.
But also, let me say this. For the question r egarding the $1,000 sponsorship, that involves average
training, tuition, accommodation and costs. So that is
what is embedded in that $1,000 sponsorship. The Chairman: You have two minutes.

Hon. Patricia J. Gordon -Pamplin: Oh, I have two
minutes?
So, I appreciate that, because you have just
indicated, Minister, sometimes your answers generate
another question. And you said that this money i ncludes the average training, tuition, accommodation. I
am just kind of curious as to what kind of accommodation is included in that sponsorship. Who are we housing? What kind of accommodation are we paying for? Presumably, we are dealing with Bermudian appl icants whom we are sponsoring. And I realise that we
are probably out of time. So, I am quite happy, if we do not have time, to be able to get the answer offline. I
would be most appreciative.

Minister Foggo, would you like to use
your last minute?
Hon. Lovitta F. Foggo: At this point in t ime, I would
like to thank Members for their participation in this d ebate. It was quite robust.
And, Madam Chairman, I move the following
Heads: 20, Youth, Sport and Recreation; 60, Wor kforce Development; and 52, Community and Cultural
Affairs, be now tak en under consideration.

It has been moved that Heads 20, 60
and 52 be approved.
Is there any objection?
No.

Hon. Lovitta F. Foggo: Madam Chairman, I move
that Heads 20, 60 and 52 be approved as printed.

[Motion carried: The Ministry of Labour, Community
Affairs and Sports, Heads 20, 52 and 60 were a pproved and stand part of the Estimates of Revenue
and Expenditure for the year 2019/20.]

There is none.

1132 13 March 2019 Official Hansard Report

Bermuda House of Assembly The Chairman: Thank you.

[Motion carried: The Committee of Supply agreed to
rise and report progress, and sought leave to sit
again.]

House resumed at 8:20 pm

[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]

REPORT OF COMMITTEE

ESTIMATES OF REVENUE AND EXPENDITURE
FOR THE YEAR 2019/20

Good evening, Members.
Is there any objection to the reporting to the
House the Estimates of R evenue and Expenditure
that were just concluded under the heads of the Legal
Affairs first thing this morning, and Labour, Community Affairs and Sports this afternoon? Any objections to those being reported?
There are none.
So done.
That now moves us on to the next order on
the Order Paper. And the next order is Order No. 4,
the second reading of the Municipalities Reform Act
2019, in the name of the Minister of Home Affairs.
Honourable Member Deputy Premier, would
you like to move your motion, move yo ur Bill?

Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you.

Any objections to that?
No objections.
Continue.

BILL

SECOND READING

MUNICIPALITIES REFORM ACT 2019
Hon. Walter H. Roban: Mr. Speaker, I rise to intr oduce the Bill entitled the Municipalities Reform Act 2019, to be read a second time. This Bill seeks (1) to
abolish municipal elections; (2) to provide the appointment of members of the corporations; (3) to
make consequential amendments to the Municipalities
Act 1923; and (4) to make certain directions given by
the Minister to a corporation subject to parliamentary
scrutiny. Mr. Speaker.

Yes.
Hon. Walter H. Roban: As I stated in my Ministerial
Statement on the 1
st of March 2019, this Bill begins
the journey towards achieving the goal of modernising the municipalities and realising the Government’s v ision for the people of Bermuda. While there have
been a number of theories that have been bandied
about regarding the reasons for going this route, I
must restate our vision, our reasons for proceeding with this Bill.
It is envisioned for the Town of St. George’s
that there will be a mega- yacht port and marina, with
enhanced infrastructure, amenities and activities. In order to achieve this vision, the following needs must
be met:
• a sustainable management plan for the World
Heritage Site;
• a sustainable and non- seasonal industry;
• infrastructure and amenities to address the
needs of the community, in addition to the
businesses, particularly the St. Regis development; and last but not least, amongst many
• general infrastructure upgrades.
It is envisioned for the City of Hamilton, Mr.
Spea ker, a smart city infrastructure with a thriving residential centre with an entertainment hub and distinct
districts to touch all aspects of the city. City living, i ncluding a tourism interface. In order to achieve this
vision, the following needs must be met: (1) the development of a multifaceted waterfront; (2) increased
city living; (3) increased use of vacant office space; (4)
effective traffic management, using smart city tec hnology; (5) encouraging the development of districts —
for example, financial, entertainment, restaurant.
Mr. Speaker, I must also reiterate what this
legislation does not intend to do. It does not mean the
loss of jobs, any jobs. It does not mean that the Go vernment will dismantle the existing operating structure of each new munici pality or do away with the positions
of mayor or councillors. There will continue to be mayors, and there will continue to be councillors —
eight councillors, to be precise.
It does not mean that the word that has been
used quite liberally, “ takeover ” [will apply to] the town
for those who do not live and work here. Persons who
reside, do business or work in the City of Hamilton and the Town of St. George’s will have the opportunity
to provide input into the selection process of the
mayor and the eight counc illors, especially four of the
councillors. It does not mean the Government is ma king an “asset grab.” The municipality will remain a body corporate.
Mr. Speaker, the municipalities have served
an important purpose in managing the City of Hami lton and the Town of St. George’s. However, there are
inconsistencies in how each is structured. One corpoBermuda House of Assembly ration is focused mainly on business, one mainly on
residential. One has a fairly healthy revenue stream;
one is relying on the largesse of government. Both
have issues with failing infrastructure. Both are looking for ways to stimulate their economies in order to
raise more revenue.
Municipalities overseas, Mr. Speaker, provide
social services including housing and policing to their residents. Municipalities in B ermuda do not deliver
social services. This is the exclusive authority of the Government of Bermuda, although the need for social services within the municipality is growing.
It is evident, Mr. Speaker, that this model is
outdated and no longer works. Som e of the challenges that we have encountered with municipalities i nclude an absence of priorities that are in alignment
with the vision of the Government, failures of accountability, and lack of proper due diligence and gover nance in awarding of contracts; inadequate resources
to undertake important public infrastructure projects, such as the needed upgrade to the sewage system; ongoing challenges in the labour relations environment, especially in the Corporation of Hamilton; the
lack of consultation with g overnment departments in
relation to infrastructure, such as the Ministries of
Public Works, Public Safety, and Home Affairs, before
embarking on projects related to traffic control and in
relation to sidewalks and ordinances, such as sewage
and waste management; and planning for structures;
a lack of formalised consultation that would allow the
municipalities to team with the Government to provide
economic solutions within the municipalities that will
benefit Bermuda; and lack of funds to proceed with initiatives of national, economic and social i mportance.
Mr. Speaker, to achieve the vision for the f uture outlined previously, it requires the efforts of both the Government and the corporations, moving toget her in the same direction. It would also be evident that neither corporation has the financial and/or other r esources to achieve and sustain the vision to rejuv enate the cities. The central Government has the r esources and access to the expertise to progress the vision to turn these cities into vibrant en tities in order
to attract more visitors and greater investment oppor-tunities for Bermuda.
Mr. Speaker, municipalities do make sense in
much larger jurisdictions, such as the UK, Canada
and the United States, where it would be difficult to
manage cities and large populations centrally. But
does it make sense in a 22- square- mile Island, with
60,000 people? In preparing for this move to moder nise the municipalities, we have looked to a number of
smaller jurisdictions, many of the islands in the Cari bbean of comparable size to us and even larger. These
jurisdictions have either reverted to partial administr ation in the same way that we have suggested or sim ply dissolved the municipalities. Some examples include George Town, Ca yman Islands. George Town is the c apital city of the
Cayman Islands, a UK Overseas Territory, like Bermuda. Its population is around 20,000. George Town
is governed and administered by the National Gov-ernment of Cayman Islands. It does not have separate
levels of governance and administrat ion from the N ational Government. There are no special powers conferred upon the city, nor are there any distinct services
or responsibilities particular to the city. The city is administered similarly to other areas in the Cayman I slands by the national c ivil service.
Bridgetown, Barbados. Bridgetown is the cap ital city of Barbados. Its population is 97,000. Bridg etown is an actual electoral constituency and is repr esented by a member of their parliament. Bridgetown is governed and administered by the Nat ional Gover nment of Barbados. It does not have a separate level of
governance and administration from the national government. There are no special powers conferred on
the city, nor are there any distinct services or responsibilities particular to the city . The city is administered
similarly to other areas in Barbados by the national
civil service.
Nassau, the Bahamas. As Honourable Members are aware, Nassau is the capital city of the B ahamas, on the island of New Providence. Its popul ation is 210,830. Nass au is governed and administered
by the National Government of the Bahamas. It does not have a separate level of governance and admi nistration from the national government. There are no
special powers conferred upon the city, nor are there any distinct serv ices or responsibilities particular to
the city.
Mr. Speaker, when reviewing the previously
stated vision of the Town of St. George’s, to put it
simply, the Corporation of St. George’s does not have
the resources, including the monies or persons, r equired to achieve the vision. Of those who have
shared their opinion, many have stated that the Gov-ernment should just (1) give the Corporation of St.
George’s the money that they need; and (2) leave
them alone to manage their own affairs.
Mr. Speaker, I would state that the two sent iments are mutually exclusive. The Government must also exercise good governance and ensure that the
money is spent, achieving the vision for the Town of
St. George’s. Unfortunately, the Corporation of St.
George’s does not have all of the persons needed to
manage the town’s finances adequately. In fact, the auditors, KPMG, have recommended to the Corpor ation of St. George’s that the Corporation should reach
out (and I am quoting here from the auditors) “The
Corporation should reach out to Government to have
a suitably qualified civil servant or Minister sit on the
Finance Committee to provide financia l oversight.”
Mr. Speaker, you may be aware that the
World Heritage Site for St. George’s is under threat. We must resolve this issue with a matter of urgency.
1134 13 March 2019 Official Hansard Report

Bermuda House of Assembly The status of the World Heritage Site is under threat
in part because of the lack of proper management
plans. This is currently being addressed by the D epartment of Planning, which is producing the man-agement plan for the World Heritage Site in St. George’s. In addition, the Corporation of St. George’s
does not have the funds to undertake infrastructure
repairs and has traditionally appealed to the Gover nment for a grant in the amount of $1 million to $2 mi llion. To ensure the cont inued sustainability of the designation, the Government intends to give greater authority to the Corporation of St. George’s both legisl atively and financially.
Mr. Speaker, we can talk about Hamilton now.
The Corporation of Hamilton is in a very different pos ition, and of course, it is very different from St.
George’s in many ways. While fiscally able, the mayor
and councillors do not see the Government’s vision as
a priority. For example, Mr. Speaker, when discussing
with the mayor the possibility of dev eloping the waterfront, he stated that it was not a priority for the Corporation of Hamilton. I will repeat that. When discussing
with the mayor the possibility of developing the waterfront, he stated that it was not a priority for the Corporation of Hamil ton.
When discussing the possibility of implementing smart city technology, including exploring the i ntroduction of free Wi -Fi, he and his team stated they
did not have the money, although the mayor has r ecently stated publicly that he intends to use the technology to make the stoplight more efficient. However,
Mr. Speaker, smart city technology is so much more
than fixing stoplights. Cities worldwide, the top five, Mr. Speaker being Singapore, Barcelona, London,
San Francisco, and Oslo, are turning to new technology to search for new approaches and solutions that
will improve city transportation, water, waste management, energy usage, and a host of other infr astructure issues that underpin the operation of cities
and the lifestyle of urban citizens.
Of th ose who have shared their opinions,
many have stated that the Corporation of Hamilton runs so efficiently and the government could do no better. But, Mr. Speaker, I tend to differ. Persons have
also made the claim that the Government is setting
democracy b ack by not allowing individuals and bus inesses to vote for their mayor and councillors. Ho wever, in more than one meeting, and even in a town
hall meeting in Hamilton last week, Thursday, res idents and businesses in North Hamilton complained that they were being underserved. That is not from
me. That is from the people who live, work and are
part of the north of Hamilton.
Mr. Speaker, I was informed by a councillor of
the Corporation of Hamilton that businesses in the centre of Hamilton (I assume that the councillor meant Front Street to Church Street) pay more money, so
they should get more attention —coming from a councillor in the Corporation of Hamilton. That is what they said to [me]. So, it is assumed that the more you pay,
the more attention you shoul d get. This type of thinking, I would have thought, seems to hark back to the
times in the 1900s when only landowners could vote. I
would hope, Mr. Speaker, that this is surely not the idea of democracy for anyone in this House, or an ywhere. I do not think so, certainly not in this house—
certainly not, Mr. Speaker.
Mr. Speaker, many believe that the admi nistration that served from 2012 to 2015, and I am r eferring to the Corporation of Hamilton here, was guilty of missteps and failures. Mr. Speaker, I must remind
Honourable Members that some of these deficiencies
were not only due to the perceived shortcomings of
that particular administration. Between 2004 and
2012, there were repeated efforts by the Corporation
of Hamilton to develop a hotel in Par -la-Ville. I think
we remember that, Mr. Speaker.

What happened?
Hon. Walter H. Roban: Numerous mayors during that
period negotiated with no fewer than three intern ational hotel brands, including Starwood, St. Regis and
the Ritz -Carlton, to bring a hotel to fruition. They were
lavishly announced, Mr. Speaker. Deals, development
agreements, even an SDO and planning approval. As
evidenced today, and after millions of dollars of rat epayers’ money expended, there was no hotel! No hotel. There is a parking lot. I am not even sure that cars
are parked in it now. But there is a parking lot there,
that is for sure, but no hotel.
The sewage system is outdated and, as I understand it, is up to 100 years old. And millions of dollars’ worth of work has been expended, Mr. Speaker,
to prop up an ageing system. Fortunately, and this is
fortunately, Mr. Speaker, a project is now being under-taken by the Ministry of Public Works, which will r eplace the work that is being currently undertaken in
respect of corporations and will reduce the proposed capital outlay of $8.5 million over the next three years,
in particular by the Corporation of Hamilton.
Mr. Speaker, there are fire hydrants in the City
of Hamilton that do not work —do not work. It was a ctually pointed out to me at a recent meeting, by the
Mayor of Hamilton, that section 19 of the Bermuda
Fire and Rescue Service Act 1982 states the follo wing: “On 1 April 1983 any engine, equipment, vehicle and other movable property and assets belonging to the Corporation of Hamilton and used by that Corporation in connexion with its fire services shall be transferred to, and shall vest in, the Government.”
It does not appear, Mr. Speaker, though, that
this includes fire hydrants and the underlying infr astructure. However, it could also be argued that in
1983, we did not have international business and we
did not have multistorey buildings that house those


Bermuda House of Assembly businesses. These buildings would be put at risk if
there is no infrastructure in the city to assist with
fighting fire.
Mr. Speaker, this risk was quite evident in
recent years when there was a building fire on Front Street attended by the Bermuda Fire Services, and
hoses had to be dropped in the harbour to access w ater to extinguish it. The fire hydrants on the sidewalk
in front of the burning building, on our most celebrated
and expensive business address, were useless in a
time of emergency. That is Hamilton, Mr. Speaker. That is Hamilton. And anybody who owns a building in
Hamilton, I think, sh ould be concerned because they
are paying rates to the Corporation for certain services. They are not getting any help in the fire de-partment there.
Mr. Speaker, these deficiencies only underscore my point, that the City of Hamilton is not as well
run as it should be.
Mr. Speaker, I will now turn to the Bill, entitled
the Municipalities Reform Act 2019. The Bill proposes
to achieve the following:
1. Abolishing municipal elections in 2019, after which members would be appointed. Honourable
Members will be aware that there was one extraord inary election held on the 5
th of February 2019 to r eplace deceased councillor, Mr. Phillip Anderson. His
daughter, Cyniqua (I believe I have said that name
correctly) Anderson was subsequently elected;
2. Making consequent ial amendments to the
Municipalities Act 1923 by amending or repealing the section that made reference to municipal elections;
3. Prescribing the tenure of office of the current elected members by ending on May 13
th, 2019,
and prescribing the tenure of appointed members to take effect on the 14
th of May 2019; and
4. Inserting the Fourth Schedule, which pr ovides for the appointment of members and for their tenure of office. For each corporation, the mayor and
four councillors will be appointed by the Minis ter. The
other four councillors will be appointed on the recommendation of a selection committee appointed by the
Minister. It also provides that the same, the name of
every person appointed to the office of mayor or councillor of the corporation and a vac ancy in which
such office, be published in the Gazette ;
5. Amending the principal Act to clarify that if
an act or thing done by a corporation would otherwise
not be construed as being for municipal purposes, it
will be deemed to be for municipal purposes if done under the direction by the Minister.
This amendment is particularly important in
light of the 2019 Privy Council decision of Mexico I nfrastructure Finance, LLC, v. the Corporation of Hami lton, which assigned a very narrow meaning to the expressi on “municipal purpose. ” These directions will
have legislative effect and, therefore, be a statutory
instrument and subject to parliamentary scrutiny. Mr. Speaker, I also intend to make amendments on the floor of the House. I have listened to
constituents , I have listened to Members of this House
and others in the community who are concerned that the quangos will not be made up of individuals who are able to move the municipalities forward and, too,
the criteria for the selection committee will be determined by the Minister only. As a result of listening,
listening carefully, Mr. Speaker, I intend to address
these concerns by moving a motion which will expand
on the skill sets of persons who will be appointed by the Minister. Such persons will include persons with
knowledge, expertise and experience in the following
areas: accounting, legal affairs, planning, architecture,
engineering or construction, human resources or collective bargaining agreements.
These amendments will clarify that the skill
sets of persons to be appointed by the Minister will
represent the skill sets required for reforming their
municipalities. In addition, Mr. Speaker, the amendment clarifies that, other than appointing the selection
committee, the committee will set the criteria for the
persons whom they will be recommending to the Mi nister. And those criteria will be made available to the
general public by publication in the Gazette.
Mr. Speaker, in conclusion, I would like to fi nish as I started, with stating that this Bill begi ns a journey. It is a journey towards achieving the goal of
modernisation, modernising the municipalities and
realising this Government’s vision for the people of
Bermuda.
Mr. Speaker, I now move that the Bill entitled
the Municipalities Reform Act be rea d a second time.