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2018/19 SESSION
of the
BERMUDA SENATE
OFFICIAL HANSARD REPORT
9 Nov ember 2018
Sitting number 1 of the 2018/1 9 Session
(pages 1–6)
Sen. The Hon. Joan E. Dillas -Wright, MBE, JP
President
Disclaimer: The electronic version of the Official Hansard Report is for
informational purposes only. The printed version remains the official
record.
Official Hansard Report 9 November 2018 1
Berm uda Senate BERMUDA SENATE
OFFICIAL HANSARD REPORT
9 NOVEMBER 2018
10:00 AM
Sitting Number 1 of the 20 18/19 Session
[Sen
. the Hon. Joan Dillas -Wright, President, in the
Chair]
The President: Good morning, Senators. Good mor n-
ing. The Senate is now in session.
Shall we pray?
PRAYERS
[Pr
ayers read by Sen. the Hon. Joan Dillas -Wright,
President ]
The President: Please be seated.
MESSAGE FROM THE GOVERNOR
The President: I now have the message from His
Excellency the Governor. Is there a message?
The
Clerk: Yes. There is a message from His Excel-
lency, Madam President. The message is number 1,
and it is from His Excellency, Mr. John Rankin CMG,
Governor and Commander in Chief.
The message reads:
“I have the honour to inform the Senate that I
will deliver the Speech on the Occasion of the Con-vening of Parliament at 11:00 am today, Friday, the 9
th
of November 2018, on the Cabinet Office l awn.”
That is from Government House, dated 9th
November 2018.
The President: Thank you, Clerk, Mr. Somner.
We will now have the Oaths of Allegiance.
And I would like to call on Senator Nicholas Kempe to swear his oath.
If you would like to come this way, sir.
[Paus
e]
ADMINISTRATION OF OATHSOR AFFIRMATIONSOATH O
F ALLEGIANCE
Sen. Nicholas Kempe: I, Toby Nicholas Kempe, do
swear that I will be faithful and bear the true all e-
giance to Her Majesty Queen Elizabeth II, Her Heirs
and Successors, according to law , so help me God. The Clerk: Okay. Do you want to sign?
Sen.
Nicholas Kempe: Thank you.
The Clerk: Thank you.
The President: I would like to now call on Senator
Marcus Jones.
Would you like to come forward, sir?
[Paus
e]
OAT
H OF ALLEGIANCE
Sen.
Marcus Jones: I, Marcus James Anthony
Jones, do swear that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth II, Her
Heirs and Successors, according to law , so help me
God.
The Clerk: Thank you.
The President: I would like to now call on Senator
Dwayne Robinson.
Would you like to come forward, sir?
[Paus
e]
OAT
H OF ALLEGIANCE
Sen
. Dwayne Robinson: I, Dwayne Vernell Robin-
son, do swear that I will be faithful and bear true all e-
giance to Her Majesty Queen Elizabeth II, Her Heirs
and Successors, according to law , so help me God.
The
President: Thank you. And now you sign.
Congratulations.
Well, Senators, we will now adjourn so that
we can . . .
An
Hon. Senator : Madam President, I move that the
Senate do now adjourn until 10:55 am and reassem-
ble in the Cabinet Office lawn for the reading of the
Throne Speech.
The President: Is there any objection to that motion?
No objection.
The Senate will stand adjourned until 10:55.
2 9 November 2018 Official Hansard Report
Bermuda Senate Proceedings suspended at 10:05 am
Proceedings resumed at 12:31 pm
[Sen. the Hon. Joan Dillas -Wright, President, in the
Chair]
ANNOUNCEMENT BY THE PRESIDENT
HOUSE VISITORS
The President: Good afternoon, Senators.
The Senate is now again in session following
the Speech from the Throne.
Before we get into our business, I would just
like to acknowledge the presence of those in the Gal-
lery, the visitors, and to thank you for your presence.
And I would also like to say that, earlier, we had family
members of the new Senators in the Gallery . And I
just want to acknowledge [them] and to ask you to
express our sincere gratitude and thanks for their ap-
pearance this morning, and to congratulate them on
your behalf.
CONFIRMATION OF MINUTES
[Minutes of 1 5 August 2018]
The President: We now will ha ve the Minutes of the
meeting of the 15th of August 2018.
Senator Jardine.
Sen. James S. Jardine: Madam President, I move
that the Minutes of the meeting of Wednesday, the
15th of August 2018, be taken as read.
The President: Is there any objection to that motion?
No objection.
Sen. James S. Jardine: Madam President?
The President: Senator Jardine, carry on.
Sen. James S. Jardine: Madam President, I move
that the Minutes of Wednesday, the 15th of August
2018, be confirmed as a correct record of that meet-
ing.
The President: Is there any objection to that motion?
No objection. The Minutes of the 15th of Au-
gust 2018 are confirmed.
Thank you, Senator Jardine.
[Minutes of 15 August 2018 confirmed]
REPORTS OF COMMITTEES
The President: There are none. ANNOUNCEMENTS
The President: There are none.
NOTICES OF MOTION
The President: Senator Kathy Lynn Simmons, Attor-
ney General , and Leader of the Government.
[Cross talk]
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President. Thank you.
Madam President, I give notice that at the
next day of meeting, I will move that the following message be sent to His Excellenc y the Governor:
“May it please Y our Excellency, the Senate
has the honour to tha nk Your Excellency for the most
gracious speech with which Y our Excellency was
pleased to open the present session of Parliament. ”
The President: Is there any objection to that motion?
No objection.
Thank you, Senator.
[Motion carried.]
PETITIONS
The President: There are none.
STATEMENTS
The President: Senator Kathy Lynn Simmons, I be-
lieve you have two Statements. You have the floor.
AMENDMENTS TO THE LIQUOR
LICENCE ACT 1974
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President.
And, Senators, you will excuse the draft that
you have, which will be revised. But we can refer to it
for the purposes of this Statement.
I am pleased to inform Madam President and
this Honourable Senate of the proposed amendments
to the Liquor Licenc e Act 1974 which will be tabled
during this session of the Legislature. Madam Pres i-
dent, this Government strives to strike the right bal-ance to ensure that alcohol is responsibly consumed,
whilst meeting the commercial demand to make it
available. Bermuda is not only an international bus i-
ness jurisdiction, but it is also a hospitality destination.
Of course, Madam President, a primary con-
cern is for the safety of the public , and the maint e-
nance of law and order , in permitting the consumption
of alcohol. This Governm ent’s recent implementation
Official Hansard Report 9 November 2018 3
Bermuda Senate of roadside sobriety testing is a prime example of en-
suring this balance.
Madam President, a mendments to the Act will
be advanced to expand the categories of the licenc es
issued by the Liquor Licensing Authority so that they
reflect the current needs of industry stakeholders ,
such as retailers and caterers. The Senior Magistrate,
who is responsible for the administration of the r e-
gime, has also identified gaps in the Act which high-
light the need for reform. It is the Ministry’s intention to
advance the most urgent a mendments to the Act
which will support the economic sustainability of i n-
dustry stakeholders.
Madam President, the proposed amendments
will make express provision for a new class of licence
for catered events and for wine tasting, respectively.
The amendments will remove any ambiguity that cur-
rently exists in the Act. Madam President, we are all
familiar with wine tasting events, often held by a retail
outlet or other avenues for commercial purposes. Cur-
rently, there are no provisions in the Act to permit the
sampling of alcohol at such events in liquor or other
retail stores.
Typically, the objective of these events is to
promote sales and introduce consumers to a product, within a controlled environment. Businesses make the
determination as to profitability, and consumers are
enticed by sampling. The usual safeguards will pr e-
vail, as the age of drinkers and other parameters, in
keeping with the law.
Madam President, while the Bill will be per-
missive, it will maintain the checks and balances of ensuring that the licensing criteria will continue to be met for those serving alcohol.
Thank you, Madam President.
The President: Thank you, Senator Kathy Lynn Si m-
mons, Attorney General .
You have a second Statement, I believe.
Sen. t he Hon. Kathy Lynn Simmons: Yes.
The President: You can proceed.
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President.
CRIMINAL CODE (SEX OFFENDER
MANAGEMENT) ACT 2018
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, in August of this year, I affirmed for the Senate
the Legal Affairs Ministry’s intent to ensure that me m-
bers of the public are protected from criminal offend-
ers reoffending. I emphasised that chief among these
concerns are the victims of sex offenders, particular ly
children.
Madam President, the tabling today of the
Criminal Code (Sex Offender Management) Amend-ment Bill 2018 delivers upon that commitment. These
proposed amendments to the Criminal Code would
ensure that the sex offender legislative regime rei n-
forces its protection of the public. Specifically, Madam
President, highlights of the Bill include the establis h-
ment of an operational framework that requires co m-
pletion of mandatory programmes before sex offend-ers can apply for release on licen ce or be released on
their earliest release date; requires all sex offenders
sentenced to a period of incarceration to be entered
on the sex offender register maintained by the Ministry of Legal Affairs; ensures that the public will not have
access to the register; establishes an Offender Risk
Management Team to monitor offenders within the
community.
The team will be comprised of members from
the Bermuda Police Service, the Department of Court
Services , and the Department of Corrections. The
team may recomm end that offenders be reassessed if
their risk of reoffending is elevated.
Madam President, the overall intent is to do
everything feasible to ensure that offenders do not have the opportunity to reoffend. Offenders will be
comprehensively monitored upon release, and the
appropriate notification given to victims and members
of the public where wider disclosure is warranted.
When victims are children, stakeholders will collabo-rate to ensure that identified institutions are alerted and that appropriate restr ictions are in place to protect
children.
Madam President, we have undertaken car e-
ful research into the establishment of a public sex of-fender register. It is important to note that most juri s-
dictions, even those that appear to resort to draconian matters , do not have a public sex offender register. In
addition, some jurisdictions are moving away from this
practice, as it has impacted offenders in such a way
as to place children at a higher risk.
I am pleased to inform the Senate, Madam
President, that the sex offender management regime, registration and collaboration outlined in this new
framework is demanding, yet sustainable. The Mini s-
try will continue to review and revise the protocol in
the disclosure of information identifying sex offenders
and offender management programmes in order to ensure their effectiveness. With the implementation of
the Offender Risk Management Team, there is an ad-
ditional resource in our accountability toolbox. I am
sure that the data compiled within the next few years
will p rovide a basis for further legislative and policy
development so that best practices are maintained.
Madam President, the outcries from various
sectors and interest groups within our community
have not gone unnoticed. We have considered legal
and constitutional issues and information provided to
the Joint Select Committee by stakeholders. The
Bermuda Police Service, the Department of Court Services, the Department of Public Prosecutions , and
4 9 November 2018 Official Hansard Report
Bermuda Senate the Department of Corrections will continue to collab o-
rate to ens ure the success of this initiative.
Madam President, I have highlighted positive
changes to the existing sex offender management
regime, which fulfilled this Government’s pledges to our community. We will continue the hard work nec-
essary to enhance the li ves and safety of our citizens.
Finally, I look forward to engaging Senators in
a fulsome discussion of the merits of the Bill in due course. Thank you, Madam President.
The President: Thank you, Senator Kathy Lynn Si m-
mons, Attorney General , and Governm ent Leader in
the Senate.
INTRODUCTION OF BILLS
The President: Now we move on to Introduction of
Bills.
I think Senator Kathy Lynn Simmons, this is
your Bill. You have the floor.
Sen. t he Hon. Kathy Lynn Simmons: Thank you.
Thank you, Madam President.
Madam President, under the provisions of
Standing Order 23, I move for leave of the Senate to
introduce the Bill entitled the Criminal Code (Sex O f-
fender Management) Amendment Act 2018.
And, Madam President, I hereby introduce
and read for the first tim e by its title —
The Clerk: Just, are there any objections?
The President: Are there any objections to the first
reading?
No objection.
The President: Carry on.
FIRST READING
CRIMINAL CODE (SEX OFFENDER
MANAGEMENT) AMENDMENT ACT 2018
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, I hereby introduce and read for the first time by its title a Bill entitled the Criminal Code (Sex Offender
Management) Amendment Act 2018.
The President: Is there any objection to that motion?
No objection. Carry on.
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, I ask that the said Bill be set down on the Order
Paper for second reading at the next day of meeting.
The President: Is there any objection to that motion?
No objection. The Bill will be set down on the
next day of meeting. Thank you, Senator Kathy Lynn Simmons.
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President .
FIRST READING OF PUBLIC BILLS
The President: We now move on to the agenda, the
first reading of public Bills. There are none.
FIRST READING OF PRIVATE BILLS
The President: First reading of private Bills. There
are none.
QUESTION PERIOD
The President: We move now to questions and
Question Period.
The first Statement was from Senator Kathy
Lynn Simmons, Amendments to the Liquor Licence
Act 1974.
Does any Senator wish to raise questions on
this?
No? No questions. Thank you, Senators.
Then we will move on to the second Stat e-
ment, which is the Criminal Code (Sex Offender Man-
agement) Amendment Act 2018.
Are there any questions on that Statement?
No? Thank you, Senators.
ORDERS OF THE DAY
The President: We will now move on to Orders of the
Day. And there are none.
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak on
this?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: I would like to congratulate
C.A.R.E. Computer Centre for 35 years [of service] .
Some 800 graduates have passed through their
doors, and some 5,000 people through [the ir] other
courses. So, congratulations to the Honourable Ne l-
etha Butterfield and C.A.R.E. Computer.
The President: Thank you, Senator Kempe. Congrat-
ulations are due, as you mentioned.
Would any other Senator care to speak on
Congratulatory and/or Obituary Speeches?
Official Hansard Report 9 November 2018 5
Bermuda Senate Senator Campbell, you have the floor.
Sen. Vance Campbell: Good morning, Madam Pres i-
dent.
The President: Good morning.
Sen. Vance Campbell: I would like condolences to be
sent to the family of the late Kenneth Noel Paul, who
passed a way on October 26. Mr. Paul led a full life.
He was an electrician. He was a trade unionist. He
was a candidate in 1972 for the Progressive Labour
Party. He fought all his life for the improvement in the
economic and social conditions of the people of Ber-
muda. And it was indeed an honour to attend his f u-
neral, and not only to attend, to give a tribute. So, if
condolences can be sent to the family, it would be
much appreciated. Thank you.
The President: Thank you, Senator Campbell. I am
sure all Senators wi ll join in those comments from
you.
Would any other Senator care to speak?
Senator Hayward, you have the floor.
Sorry . . . Senator Richardson.
Sen. Anthony Richardson: No problem.
[Laughter]
The President: I was looking at Senator Hayward.
Senator Richardson, you have the floor. ( I beg
your pardon. )
Sen. Anthony Richardson: Madam President, and
fellow Senators, I would just like to, on the condolence
side, I guess, recognise the passing of a long-serving
St. George’s icon, Ms. Ianthe Pearman. She actually
taught me in primary school. She probably taught ev e-
rybody who lives in St. George’s who is probably less than age 65. She was there for so long. And I still r e-
call that day, a long way ago, When I was in standard
4, and I was doing m y math in class. And it was close
to 3:30. And she said . . . Yes, standard 4. And she
said to me, Anthony, if you are not finished, you can take your book home for the weekend, a math book.
And I took it. It was a brown textbook. So I still r e-
member that.
And she lived a very ful some life. She was
one of those I want to call “old-school educators ” who
took it very, very seriously. And everybody who knew
her, it was Ms. Pearman. No matter where you saw her, whether it was weekends or otherwise. And she
was very committed to her craft. And I just want to
recognise her. She is going to be buried next week.
And I really want to recognise her. I mean, everybody
who knows her is like, Wow. She is almost one of
those people whom I know how, of course, life bends
work, right? But she was one of those who was not supposed to die. She was just that incredible to ev e-
rybody in the St. George’s community. So, thank you.
The President: Thank you, Senator Richardson.
Would any other Senator care to speak on the
Congrat ulatory and/or Obituary Speeches?
No?
Senator Kathy Lynn Simmons. Oh, I beg your
pardon.
Well, Senators, I would just like to
acknowledge the passing of Carol Anne Paynter. Ms.
Carol Anne Paynter was a nurse at the hospital. And
in fact, she was Assista nt Director over many years
that I was in health care. And I would just like to say
that we want to extend [condolences] to her family, to
the Paynter family, on the passing of her. She was
stepmother to many of the family members. And it was a wonderful s end-off for her at the cathedral. In
fact, I understand, because I did attend the funeral,
that for 35 years she attended the cathedral. And she
was well liked at the hospital and at the cathedral. So I
would just like to extend, to her family anyway, cond o-
lences on behalf of the Senate. Thank you.
Now we will have adjournment.
Senator Kathy Lynn Simmons, you have the
floor.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: I think I have
my dates right.
Thank you, Madam President.
I move that the Senate do now adjourn to
Wednesday, November 21st.
The President: Is there any objection to that motion?
No objection.
Sen. the Hon. Kathy Lynn Simmons: I move that the
Senate do now adjourn.
The President: Is there any objection to that motion?
No objection.
The Clerk: Would anybody want to speak on the m o-
tion?
The President: Would anybody want to speak on the
motion to adjourn? Here is your opportunity.
The Clerk: Say no.
[Laughter]
The President: Well, this is your opportunity. If not
. . .
Senator Kempe, you have the floor.
6 9 November 2018 Official Hansard Report
Bermuda Senate GLOBAL ENTREPRENEURSHIP WEEK
Sen. Nicholas Kempe: I just want to encourage an y-
one who is interested in entrepreneurship and small
business to take advantage of Global Entrepreneur-ship Week, which officially starts on Monday. But, as
is the habit of BEDC [Bermuda Economic Develop-
ment Corporation], it rolls out for this whole month. So
I have got my G EW pin on. There are a lot of excellent
events.
The President: Wonderful.
Would any other Senator care to speak on the
Motion to Adjourn?
Senator Kathy Lynn Simmons, Attorney Ge n-
eral, you have the floor.
WELCOME NEW SENATORS
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
On behalf of the Government team, I would
like to welcome the new OBA Senators to th e Senate.
We look forward to working with you in progressing the business of the country. Thank you.
The President: We all join in those comments. Thank
you, Senator Kathy Lynn Simmons.
And with that, the Senate stands adjourned
until the 21
st.
Thank you all, Senators.
[At 12:31 pm, the Senate stood adjourned until
10:00 am Wednesday, 21 November 2018.]
of the
BERMUDA SENATE
OFFICIAL HANSARD REPORT
9 Nov ember 2018
Sitting number 1 of the 2018/1 9 Session
(pages 1–6)
Sen. The Hon. Joan E. Dillas -Wright, MBE, JP
President
Disclaimer: The electronic version of the Official Hansard Report is for
informational purposes only. The printed version remains the official
record.
Official Hansard Report 9 November 2018 1
Berm uda Senate BERMUDA SENATE
OFFICIAL HANSARD REPORT
9 NOVEMBER 2018
10:00 AM
Sitting Number 1 of the 20 18/19 Session
[Sen
. the Hon. Joan Dillas -Wright, President, in the
Chair]
The President: Good morning, Senators. Good mor n-
ing. The Senate is now in session.
Shall we pray?
PRAYERS
[Pr
ayers read by Sen. the Hon. Joan Dillas -Wright,
President ]
The President: Please be seated.
MESSAGE FROM THE GOVERNOR
The President: I now have the message from His
Excellency the Governor. Is there a message?
The
Clerk: Yes. There is a message from His Excel-
lency, Madam President. The message is number 1,
and it is from His Excellency, Mr. John Rankin CMG,
Governor and Commander in Chief.
The message reads:
“I have the honour to inform the Senate that I
will deliver the Speech on the Occasion of the Con-vening of Parliament at 11:00 am today, Friday, the 9
th
of November 2018, on the Cabinet Office l awn.”
That is from Government House, dated 9th
November 2018.
The President: Thank you, Clerk, Mr. Somner.
We will now have the Oaths of Allegiance.
And I would like to call on Senator Nicholas Kempe to swear his oath.
If you would like to come this way, sir.
[Paus
e]
ADMINISTRATION OF OATHSOR AFFIRMATIONSOATH O
F ALLEGIANCE
Sen. Nicholas Kempe: I, Toby Nicholas Kempe, do
swear that I will be faithful and bear the true all e-
giance to Her Majesty Queen Elizabeth II, Her Heirs
and Successors, according to law , so help me God. The Clerk: Okay. Do you want to sign?
Sen.
Nicholas Kempe: Thank you.
The Clerk: Thank you.
The President: I would like to now call on Senator
Marcus Jones.
Would you like to come forward, sir?
[Paus
e]
OAT
H OF ALLEGIANCE
Sen.
Marcus Jones: I, Marcus James Anthony
Jones, do swear that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth II, Her
Heirs and Successors, according to law , so help me
God.
The Clerk: Thank you.
The President: I would like to now call on Senator
Dwayne Robinson.
Would you like to come forward, sir?
[Paus
e]
OAT
H OF ALLEGIANCE
Sen
. Dwayne Robinson: I, Dwayne Vernell Robin-
son, do swear that I will be faithful and bear true all e-
giance to Her Majesty Queen Elizabeth II, Her Heirs
and Successors, according to law , so help me God.
The
President: Thank you. And now you sign.
Congratulations.
Well, Senators, we will now adjourn so that
we can . . .
An
Hon. Senator : Madam President, I move that the
Senate do now adjourn until 10:55 am and reassem-
ble in the Cabinet Office lawn for the reading of the
Throne Speech.
The President: Is there any objection to that motion?
No objection.
The Senate will stand adjourned until 10:55.
2 9 November 2018 Official Hansard Report
Bermuda Senate Proceedings suspended at 10:05 am
Proceedings resumed at 12:31 pm
[Sen. the Hon. Joan Dillas -Wright, President, in the
Chair]
ANNOUNCEMENT BY THE PRESIDENT
HOUSE VISITORS
The President: Good afternoon, Senators.
The Senate is now again in session following
the Speech from the Throne.
Before we get into our business, I would just
like to acknowledge the presence of those in the Gal-
lery, the visitors, and to thank you for your presence.
And I would also like to say that, earlier, we had family
members of the new Senators in the Gallery . And I
just want to acknowledge [them] and to ask you to
express our sincere gratitude and thanks for their ap-
pearance this morning, and to congratulate them on
your behalf.
CONFIRMATION OF MINUTES
[Minutes of 1 5 August 2018]
The President: We now will ha ve the Minutes of the
meeting of the 15th of August 2018.
Senator Jardine.
Sen. James S. Jardine: Madam President, I move
that the Minutes of the meeting of Wednesday, the
15th of August 2018, be taken as read.
The President: Is there any objection to that motion?
No objection.
Sen. James S. Jardine: Madam President?
The President: Senator Jardine, carry on.
Sen. James S. Jardine: Madam President, I move
that the Minutes of Wednesday, the 15th of August
2018, be confirmed as a correct record of that meet-
ing.
The President: Is there any objection to that motion?
No objection. The Minutes of the 15th of Au-
gust 2018 are confirmed.
Thank you, Senator Jardine.
[Minutes of 15 August 2018 confirmed]
REPORTS OF COMMITTEES
The President: There are none. ANNOUNCEMENTS
The President: There are none.
NOTICES OF MOTION
The President: Senator Kathy Lynn Simmons, Attor-
ney General , and Leader of the Government.
[Cross talk]
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President. Thank you.
Madam President, I give notice that at the
next day of meeting, I will move that the following message be sent to His Excellenc y the Governor:
“May it please Y our Excellency, the Senate
has the honour to tha nk Your Excellency for the most
gracious speech with which Y our Excellency was
pleased to open the present session of Parliament. ”
The President: Is there any objection to that motion?
No objection.
Thank you, Senator.
[Motion carried.]
PETITIONS
The President: There are none.
STATEMENTS
The President: Senator Kathy Lynn Simmons, I be-
lieve you have two Statements. You have the floor.
AMENDMENTS TO THE LIQUOR
LICENCE ACT 1974
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President.
And, Senators, you will excuse the draft that
you have, which will be revised. But we can refer to it
for the purposes of this Statement.
I am pleased to inform Madam President and
this Honourable Senate of the proposed amendments
to the Liquor Licenc e Act 1974 which will be tabled
during this session of the Legislature. Madam Pres i-
dent, this Government strives to strike the right bal-ance to ensure that alcohol is responsibly consumed,
whilst meeting the commercial demand to make it
available. Bermuda is not only an international bus i-
ness jurisdiction, but it is also a hospitality destination.
Of course, Madam President, a primary con-
cern is for the safety of the public , and the maint e-
nance of law and order , in permitting the consumption
of alcohol. This Governm ent’s recent implementation
Official Hansard Report 9 November 2018 3
Bermuda Senate of roadside sobriety testing is a prime example of en-
suring this balance.
Madam President, a mendments to the Act will
be advanced to expand the categories of the licenc es
issued by the Liquor Licensing Authority so that they
reflect the current needs of industry stakeholders ,
such as retailers and caterers. The Senior Magistrate,
who is responsible for the administration of the r e-
gime, has also identified gaps in the Act which high-
light the need for reform. It is the Ministry’s intention to
advance the most urgent a mendments to the Act
which will support the economic sustainability of i n-
dustry stakeholders.
Madam President, the proposed amendments
will make express provision for a new class of licence
for catered events and for wine tasting, respectively.
The amendments will remove any ambiguity that cur-
rently exists in the Act. Madam President, we are all
familiar with wine tasting events, often held by a retail
outlet or other avenues for commercial purposes. Cur-
rently, there are no provisions in the Act to permit the
sampling of alcohol at such events in liquor or other
retail stores.
Typically, the objective of these events is to
promote sales and introduce consumers to a product, within a controlled environment. Businesses make the
determination as to profitability, and consumers are
enticed by sampling. The usual safeguards will pr e-
vail, as the age of drinkers and other parameters, in
keeping with the law.
Madam President, while the Bill will be per-
missive, it will maintain the checks and balances of ensuring that the licensing criteria will continue to be met for those serving alcohol.
Thank you, Madam President.
The President: Thank you, Senator Kathy Lynn Si m-
mons, Attorney General .
You have a second Statement, I believe.
Sen. t he Hon. Kathy Lynn Simmons: Yes.
The President: You can proceed.
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President.
CRIMINAL CODE (SEX OFFENDER
MANAGEMENT) ACT 2018
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, in August of this year, I affirmed for the Senate
the Legal Affairs Ministry’s intent to ensure that me m-
bers of the public are protected from criminal offend-
ers reoffending. I emphasised that chief among these
concerns are the victims of sex offenders, particular ly
children.
Madam President, the tabling today of the
Criminal Code (Sex Offender Management) Amend-ment Bill 2018 delivers upon that commitment. These
proposed amendments to the Criminal Code would
ensure that the sex offender legislative regime rei n-
forces its protection of the public. Specifically, Madam
President, highlights of the Bill include the establis h-
ment of an operational framework that requires co m-
pletion of mandatory programmes before sex offend-ers can apply for release on licen ce or be released on
their earliest release date; requires all sex offenders
sentenced to a period of incarceration to be entered
on the sex offender register maintained by the Ministry of Legal Affairs; ensures that the public will not have
access to the register; establishes an Offender Risk
Management Team to monitor offenders within the
community.
The team will be comprised of members from
the Bermuda Police Service, the Department of Court
Services , and the Department of Corrections. The
team may recomm end that offenders be reassessed if
their risk of reoffending is elevated.
Madam President, the overall intent is to do
everything feasible to ensure that offenders do not have the opportunity to reoffend. Offenders will be
comprehensively monitored upon release, and the
appropriate notification given to victims and members
of the public where wider disclosure is warranted.
When victims are children, stakeholders will collabo-rate to ensure that identified institutions are alerted and that appropriate restr ictions are in place to protect
children.
Madam President, we have undertaken car e-
ful research into the establishment of a public sex of-fender register. It is important to note that most juri s-
dictions, even those that appear to resort to draconian matters , do not have a public sex offender register. In
addition, some jurisdictions are moving away from this
practice, as it has impacted offenders in such a way
as to place children at a higher risk.
I am pleased to inform the Senate, Madam
President, that the sex offender management regime, registration and collaboration outlined in this new
framework is demanding, yet sustainable. The Mini s-
try will continue to review and revise the protocol in
the disclosure of information identifying sex offenders
and offender management programmes in order to ensure their effectiveness. With the implementation of
the Offender Risk Management Team, there is an ad-
ditional resource in our accountability toolbox. I am
sure that the data compiled within the next few years
will p rovide a basis for further legislative and policy
development so that best practices are maintained.
Madam President, the outcries from various
sectors and interest groups within our community
have not gone unnoticed. We have considered legal
and constitutional issues and information provided to
the Joint Select Committee by stakeholders. The
Bermuda Police Service, the Department of Court Services, the Department of Public Prosecutions , and
4 9 November 2018 Official Hansard Report
Bermuda Senate the Department of Corrections will continue to collab o-
rate to ens ure the success of this initiative.
Madam President, I have highlighted positive
changes to the existing sex offender management
regime, which fulfilled this Government’s pledges to our community. We will continue the hard work nec-
essary to enhance the li ves and safety of our citizens.
Finally, I look forward to engaging Senators in
a fulsome discussion of the merits of the Bill in due course. Thank you, Madam President.
The President: Thank you, Senator Kathy Lynn Si m-
mons, Attorney General , and Governm ent Leader in
the Senate.
INTRODUCTION OF BILLS
The President: Now we move on to Introduction of
Bills.
I think Senator Kathy Lynn Simmons, this is
your Bill. You have the floor.
Sen. t he Hon. Kathy Lynn Simmons: Thank you.
Thank you, Madam President.
Madam President, under the provisions of
Standing Order 23, I move for leave of the Senate to
introduce the Bill entitled the Criminal Code (Sex O f-
fender Management) Amendment Act 2018.
And, Madam President, I hereby introduce
and read for the first tim e by its title —
The Clerk: Just, are there any objections?
The President: Are there any objections to the first
reading?
No objection.
The President: Carry on.
FIRST READING
CRIMINAL CODE (SEX OFFENDER
MANAGEMENT) AMENDMENT ACT 2018
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, I hereby introduce and read for the first time by its title a Bill entitled the Criminal Code (Sex Offender
Management) Amendment Act 2018.
The President: Is there any objection to that motion?
No objection. Carry on.
Sen. t he Hon. Kathy Lynn Simmons: Madam Pres i-
dent, I ask that the said Bill be set down on the Order
Paper for second reading at the next day of meeting.
The President: Is there any objection to that motion?
No objection. The Bill will be set down on the
next day of meeting. Thank you, Senator Kathy Lynn Simmons.
Sen. t he Hon. Kathy Lynn Simmons: Thank you,
Madam President .
FIRST READING OF PUBLIC BILLS
The President: We now move on to the agenda, the
first reading of public Bills. There are none.
FIRST READING OF PRIVATE BILLS
The President: First reading of private Bills. There
are none.
QUESTION PERIOD
The President: We move now to questions and
Question Period.
The first Statement was from Senator Kathy
Lynn Simmons, Amendments to the Liquor Licence
Act 1974.
Does any Senator wish to raise questions on
this?
No? No questions. Thank you, Senators.
Then we will move on to the second Stat e-
ment, which is the Criminal Code (Sex Offender Man-
agement) Amendment Act 2018.
Are there any questions on that Statement?
No? Thank you, Senators.
ORDERS OF THE DAY
The President: We will now move on to Orders of the
Day. And there are none.
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Would any Senator care to speak on
this?
Senator Kempe, you have the floor.
Sen. Nicholas Kempe: I would like to congratulate
C.A.R.E. Computer Centre for 35 years [of service] .
Some 800 graduates have passed through their
doors, and some 5,000 people through [the ir] other
courses. So, congratulations to the Honourable Ne l-
etha Butterfield and C.A.R.E. Computer.
The President: Thank you, Senator Kempe. Congrat-
ulations are due, as you mentioned.
Would any other Senator care to speak on
Congratulatory and/or Obituary Speeches?
Official Hansard Report 9 November 2018 5
Bermuda Senate Senator Campbell, you have the floor.
Sen. Vance Campbell: Good morning, Madam Pres i-
dent.
The President: Good morning.
Sen. Vance Campbell: I would like condolences to be
sent to the family of the late Kenneth Noel Paul, who
passed a way on October 26. Mr. Paul led a full life.
He was an electrician. He was a trade unionist. He
was a candidate in 1972 for the Progressive Labour
Party. He fought all his life for the improvement in the
economic and social conditions of the people of Ber-
muda. And it was indeed an honour to attend his f u-
neral, and not only to attend, to give a tribute. So, if
condolences can be sent to the family, it would be
much appreciated. Thank you.
The President: Thank you, Senator Campbell. I am
sure all Senators wi ll join in those comments from
you.
Would any other Senator care to speak?
Senator Hayward, you have the floor.
Sorry . . . Senator Richardson.
Sen. Anthony Richardson: No problem.
[Laughter]
The President: I was looking at Senator Hayward.
Senator Richardson, you have the floor. ( I beg
your pardon. )
Sen. Anthony Richardson: Madam President, and
fellow Senators, I would just like to, on the condolence
side, I guess, recognise the passing of a long-serving
St. George’s icon, Ms. Ianthe Pearman. She actually
taught me in primary school. She probably taught ev e-
rybody who lives in St. George’s who is probably less than age 65. She was there for so long. And I still r e-
call that day, a long way ago, When I was in standard
4, and I was doing m y math in class. And it was close
to 3:30. And she said . . . Yes, standard 4. And she
said to me, Anthony, if you are not finished, you can take your book home for the weekend, a math book.
And I took it. It was a brown textbook. So I still r e-
member that.
And she lived a very ful some life. She was
one of those I want to call “old-school educators ” who
took it very, very seriously. And everybody who knew
her, it was Ms. Pearman. No matter where you saw her, whether it was weekends or otherwise. And she
was very committed to her craft. And I just want to
recognise her. She is going to be buried next week.
And I really want to recognise her. I mean, everybody
who knows her is like, Wow. She is almost one of
those people whom I know how, of course, life bends
work, right? But she was one of those who was not supposed to die. She was just that incredible to ev e-
rybody in the St. George’s community. So, thank you.
The President: Thank you, Senator Richardson.
Would any other Senator care to speak on the
Congrat ulatory and/or Obituary Speeches?
No?
Senator Kathy Lynn Simmons. Oh, I beg your
pardon.
Well, Senators, I would just like to
acknowledge the passing of Carol Anne Paynter. Ms.
Carol Anne Paynter was a nurse at the hospital. And
in fact, she was Assista nt Director over many years
that I was in health care. And I would just like to say
that we want to extend [condolences] to her family, to
the Paynter family, on the passing of her. She was
stepmother to many of the family members. And it was a wonderful s end-off for her at the cathedral. In
fact, I understand, because I did attend the funeral,
that for 35 years she attended the cathedral. And she
was well liked at the hospital and at the cathedral. So I
would just like to extend, to her family anyway, cond o-
lences on behalf of the Senate. Thank you.
Now we will have adjournment.
Senator Kathy Lynn Simmons, you have the
floor.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: I think I have
my dates right.
Thank you, Madam President.
I move that the Senate do now adjourn to
Wednesday, November 21st.
The President: Is there any objection to that motion?
No objection.
Sen. the Hon. Kathy Lynn Simmons: I move that the
Senate do now adjourn.
The President: Is there any objection to that motion?
No objection.
The Clerk: Would anybody want to speak on the m o-
tion?
The President: Would anybody want to speak on the
motion to adjourn? Here is your opportunity.
The Clerk: Say no.
[Laughter]
The President: Well, this is your opportunity. If not
. . .
Senator Kempe, you have the floor.
6 9 November 2018 Official Hansard Report
Bermuda Senate GLOBAL ENTREPRENEURSHIP WEEK
Sen. Nicholas Kempe: I just want to encourage an y-
one who is interested in entrepreneurship and small
business to take advantage of Global Entrepreneur-ship Week, which officially starts on Monday. But, as
is the habit of BEDC [Bermuda Economic Develop-
ment Corporation], it rolls out for this whole month. So
I have got my G EW pin on. There are a lot of excellent
events.
The President: Wonderful.
Would any other Senator care to speak on the
Motion to Adjourn?
Senator Kathy Lynn Simmons, Attorney Ge n-
eral, you have the floor.
WELCOME NEW SENATORS
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
On behalf of the Government team, I would
like to welcome the new OBA Senators to th e Senate.
We look forward to working with you in progressing the business of the country. Thank you.
The President: We all join in those comments. Thank
you, Senator Kathy Lynn Simmons.
And with that, the Senate stands adjourned
until the 21
st.
Thank you all, Senators.
[At 12:31 pm, the Senate stood adjourned until
10:00 am Wednesday, 21 November 2018.]