The SpeakerThe SpeakerGood morning, Members. CONFIRMATION OF MINUTES [Minutes of 20 and 27 July 2018 ]
The SpeakerThe SpeakerMembers, the Minutes of July 20th and the 27th of July have been circulated. Are there any amendments, corrections , or omissions? There are none. The Minutes are approved as printed. [Minutes of 20 and 27 July 2018 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING
The SpeakerThe SpeakerYes, the Speaker has announcements this morning. USE OF SOCIAL MEDIA IN CHAMBERS
The SpeakerThe SpeakerFirst, I would like to deal with a matter that surfaced after we left these Chambers when we last sat. And that is in reference to the photographs that were taken inside of these Chambers. Let me say first, for the listening audience, this Speaker has no issue with Members …
First, I would like to deal with a matter that surfaced after we left these Chambers when we last sat. And that is in reference to the photographs that were taken inside of these Chambers. Let me say first, for the listening audience, this Speaker has no issue with Members who may seem to have their eyes closed at a moment taking a rest. I have been in this Chamber almost 30 years, and I do not think there is any Member who has ever sat in here who has not had a moment’s rest at some point. So the sleeping was no issue for me; the phot ographs are the issue. We are all supposed to be adults in here. I do not expect childish behaviour. And to circulate phot ographs of individual Members in here in that manner was not of the proper decorum of these Chambers and will not be tolerated. The Standing Orders, as they are written t oday, ban all use of any electronic device, including laptops. But we have been lenient to allow laptops as time has moved on. We have been lenient with some of the other technical devices that are of a modern age. As you know, there is a review taking place now of the Standing Orders. When that is complete, it will address the proper pr ocedures for the proper use of those devices in here. But under no circumstances — under no circumstances —is photography , photographs of any proceedings in this House, allowed by anyone! So I will ask all Members to refrain themselves from taking any photographs, without the permission of the Speaker, of any Member inside of this Chamber. Second to that, on that same note of social media, we need to address the use of social media technology. I am not as savvy as some of you. Twitter and things of that nature should not be taking place of proceedings that are happening in this House during the time that they are taking place. Any Member who is Tweeting or [sharing on] social media events that are taking place during the House at the time that it is happenin g is out of order and against the decorum that we want from this House. I have instructed the Sergeant -at-Arms that , should any Member be seen to be abusing their priv ilege, the Sergeant -at-Arms will confiscate that partic ular electronic device that is being used, and there will be further sanctions from the Speaker towards that Member. So, I am putting all Members on notice today that this has to be stopped. And if it takes me having to have a heavy hand to stop it, I will use a heavy hand to stop it. But I am reminding you that all of you are adults, and I expect you to act like adults and not like a classroom of school children.
APOLOGIES
The SpeakerThe SpeakerThe second notice this morning is that I have been informed by two Mem bers that they will be absent today. And I would like to acknowledge them for notifying us . They are the Opposition Whip, Ms. 3014 10 August 2018 Official Hansard Report Bermuda House of Assembly Jackson; …
The second notice this morning is that I have been informed by two Mem bers that they will be absent today. And I would like to acknowledge them for notifying us . They are the Opposition Whip, Ms. 3014 10 August 2018 Official Hansard Report
Bermuda House of Assembly Jackson; and MP Dunkley, who have both indicated that they will be absent today.
AUDITOR GENERAL ’S REPORT —AUDIT OF THE FINANCIAL STATEMENTS FOR THE CONSOL IDATED FUND 2013, 2014, 2015, 2016
The SpeakerThe SpeakerThe further announcement that I have this morning is the report of the Auditor General on the Audit of the Financial Statements for the Consol idated Fund of the Government of Bermuda for the years ending March 31st, 2013; March 31st, 2014; March 31st, 2015; and March 31st, 2016. Those …
The further announcement that I have this morning is the report of the Auditor General on the Audit of the Financial Statements for the Consol idated Fund of the Government of Bermuda for the years ending March 31st, 2013; March 31st, 2014; March 31st, 2015; and March 31st, 2016. Those r eports are before us today. Also, we have the report to the House of A ssembly by the Bermuda delegation who attended the 43rd Annual Commonwealth Parliamentary Associ ation Caribbean, Americas and Atlantic Region Conference that was held June 16th [sic] to the . . . (Sorry, sorry. Uh-uh. You know what? That is going to go on the reports. We adjusted that. Yes, that has been amended after the reading off of the old one. No problem.) We are going to have one of the delegation Members who actually did that report. So we are going to hold that one until we get the report, and the actual Member will give that. (I am reading off of the amended version here this morning.) That is it for my announcements.
MESSAGES FROM THE SENATE
BERMUDA BAR AMENDMENT ACT 2018
The SpeakerThe SpeakerWe have a message from the Senate this morning. And the message from the Senate reads as follows: “To the Honourable Speaker and Members of the Honourable House of Assembly: “The Senate has the honour to forward to your Honourable House the accompanying public Bill ent itled the Bermuda Bar …
We have a message from the Senate this morning. And the message from the Senate reads as follows: “To the Honourable Speaker and Members of the Honourable House of Assembly: “The Senate has the honour to forward to your Honourable House the accompanying public Bill ent itled the Bermuda Bar Amendment Act 2018, recom-mended in concurrence of your Honourable House.” Signed by the President of the Senate, the Honourable Joan Dillas -Wright.
[Pause]
PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerThere are five Papers and Communic ations this morning. The first are in the name of the Honourable Minister of Health. Honourable Member Wilson. Hon. Kim N. Wilson: Thank you. Good morning, Mr. Speaker. The Speaker: Good morning. FINANCIAL INTELLIGENCE AGENCY BERMUDA — ANNUAL REPORT S FOR 2015/16, 2016/17, 2017/18 …
There are five Papers and Communic ations this morning. The first are in the name of the Honourable Minister of Health. Honourable Member Wilson.
Hon. Kim N. Wilson: Thank you. Good morning, Mr. Speaker. The Speaker: Good morning.
FINANCIAL INTELLIGENCE AGENCY BERMUDA — ANNUAL REPORT S FOR 2015/16, 2016/17, 2017/18 Hon. Kim N. Wilson: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the following: • Financial Intelligence Agency Bermuda— Annual Report for 2015/16; • Financial Intelligence Agency Bermuda— Annual Report for 2016/17; and • Financial Intelligence Agency Bermuda— Annual Report for 2017/18.
The SpeakerThe SpeakerThank you, Honourable Member. The next report . . . Sergeant -at-Arms ? The Honourable Member who is supposed to read the r eport is not here. Could you give it to Ms. Furbert, Mr. Famous’ Report? Ms. Furbert. [Inaudible interjecti ons]
The SpeakerThe SpeakerThe next report is actually the report that I had started to mention earlier. This is the report from the delegates who attended the 43 rd Annual Commonwealth Parliamentary Association Confer-ence in June of this year. And Mrs. Furbert is part of that delegation. Would you mind reading the report …
The next report is actually the report that I had started to mention earlier. This is the report from the delegates who attended the 43 rd Annual Commonwealth Parliamentary Association Confer-ence in June of this year. And Mrs. Furbert is part of that delegation. Would you mind reading the report on behalf of your colleague?
REPORT BY BERMUDA DELEGATES TO THE 43 rd ANNUAL COMMONWEALTH PARLIAMENTARY ASSOCIATION’S CARIBBEAN, AMERICAS AND ATLANTIC REGION CONFERENCE, JUNE 16 –23, 2018
REPORTS BY YOUTH PARLIAMENTARIANS TO THE 43RD ANNUAL COMMONWEALTH PARLIAMENTARY ASSOCIATION’S CARIBBEAN, AMERICAS AND ATLANTIC REGION CONFERENCE, JUNE 16– 23, 2018
Mrs. Tinee FurbertSure, Mr. Speaker. Thank you, Mr. Speaker. I have the honour to attach and subm it for the information of the Honourable House of Assembly the following: • Report to the House of Assembly by Bermuda Delegates to the 43 rd Annual Commonwealth Parliamentary Association’s Caribbean, Americas and Atlantic Region …
Sure, Mr. Speaker. Thank you, Mr. Speaker. I have the honour to attach and subm it for the information of the Honourable House of Assembly the following: • Report to the House of Assembly by Bermuda Delegates to the 43 rd Annual Commonwealth Parliamentary Association’s Caribbean, Americas and Atlantic Region Conference, June 16–23, 2018; and • Reports to the House of Assembly by Youth Parliamentarians to the 43rd Annual Commonwealth Parliamentary Association’s CarBermuda House of Assembly ibbean, Americas and Atlantic Region Conference, June 16– 23, 2018 . Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have three Statements this mor ning. I am going to recognise Minister Caines first. Minister Caines. Hon. Wayne Caines: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerYes. BERMUDA POLICE SERVICE CUP MATCH REPORT AND ROADSIDE SOBRIETY TESTING Hon. Wayne Caines: Mr. Speaker, today I rise to pr ovide a policing update for Cup Match 2018 . Mr. Speaker, this Honourable House and the public will be aware that I have been working closely with the leadership …
Yes.
BERMUDA POLICE SERVICE CUP MATCH REPORT AND ROADSIDE SOBRIETY TESTING Hon. Wayne Caines: Mr. Speaker, today I rise to pr ovide a policing update for Cup Match 2018 . Mr. Speaker, this Honourable House and the public will be aware that I have been working closely with the leadership of the Bermuda Police Service to keep Bermuda safe. Mr. Speaker, over the last past week, I have m et on three occasions with the new Police Commissioner, Mr. Stephen Corbishley , and I am encouraged by our discussions, deliberations and strategi sing. Mr. Speaker, I must remind the House that operational policing remains the purview of the Gov-ernor. Mr. Speaker, over the Cup Match weekend, there were a total of 48 arrests. Eleven were for driving under the influence of alcohol or drugs; one for driving when alcohol concentration was over the pr escribed limit , and failing to comply with a demand for a breath test; one arrest for having care or control of a motor vehicle whilst impaired; one arrest for affray; three for assault occasioning bodily harm; one arrest for breach of bail conditions; one arrest for conduct conducive to the breach of peace; one arrest for being drunk and incapable; one arrest for having custody of counterfeit currency notes; one arrest for possession of a controlled drug; one arrest for taking a conve yance without consent (that is, drivi ng a car without permission, Mr. Speaker) ; one arrest for theft of less than $1, 000; two arrests for theft of a vehicle; one arrest for offensive or threatening, or abusive or insul ting words, gestures or behaviou r, and violently resis ting arrest; four arr ests for breach of the peace; and 17 arrests for warrants. Forty -one of the persons arrested were males , and seven were females. Mr. Speaker, over the Cup Match weekend, the Bermuda Police Service used overnight watches , with up to 50 police officers above standard levels , to deal with the increases of illegal or antisocial beha viours . In total, there were approximately 150 police officers deployed throughout the weekend. The men and women of the Bermuda Police Service were bolstered by the Reserve Constabulary and by members of the Royal Bermuda Regiment. Mr. Speaker, there were up to 50 officers per day at the Cup Match grounds, with a command cen-tre at the field this year, for the first time, being monitored by CCTV ca meras around the grounds at the Somerset Cricket Club. T he cameras were monitored by the Bermuda Police Service and by the [club’s ] private security personnel. Mr. Speaker, the security cameras provided were provided by the private security firm for the first time, for the first time this firm provided the private security and CCTV cameras at the St. George’s [sic] Cricket grounds . . .
[Inaudible interjection]
Hon. Wayne Caines: Pardon me, Mr. Speaker. Thank you, ma’am —of the Somerset Cricket Club. Mr. Speaker, the country can rest assured that the Government will continue to work with the Bermuda Police Service to keep Bermuda safe by reducing crime and ant isocial behaviou r. Mr. Speaker, whilst there was success from the Bermuda Police Service with reference to a well - executed Cup Match policing strategy , the general public should also be saluted for adhering to the law and for supporting the Bermuda Police Service . Mr. Speaker, there was an incident at “ Paradise Lakes ”, which is being investigated by the Be rmuda Police Service. It involved the stabbing and i njuring of two people, who were later released from hospital. There were a number of events involving large crowds of people having fun that occurred wit hout incident. The list of events includes , but is not li mited to, Cup Match itself, two major concerts, Beac hfest, the Raft -Up in St. George’s , and the Non - Mariners event in Somerset. At these event s hundreds of Bermudians, including [hundreds of] boats , were present. Mr. Speaker, considering the number of people, there were very few incidents. We must thank our emergency service personnel. We see them as our first responders when there is an incident, but we forget that they are on duty —away from family and away from friends —during these holidays , when most of us rest and are having fun. They are on duty at all manner of unsociable hours to protect and to serve the people of Bermuda. They in clude —but ag ain, are not limited to —the people at the hospital , our firemen, the 3016 10 August 2018 Official Hansard Report
Bermuda House of Assembly people responsible for maritime safety , members of the Bermuda Regiment , and many others. Mr. Speaker, I was the beneficiary this wee kend of the Royal Bermuda Regiment and the Berm uda Police Service in a joint maritime policing deplo yment when they rescued my brothers and me in the Boston W haler [in which I] was travel ling that encou ntered engine failure. Mr. Speaker, in closing, even when factoring in the incident at Paradise Lakes, the Cup Match hol iday was relatively safe. There is still an opportunity for the Bermuda Police Service to learn and grow from last week’s events. The Government will continue to work with the Bermuda Police Service to ensure that they remain fit for purpose and that Bermuda is a safe place for all. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The next Statement is that in the name of the Honourable Minister Weeks. Honourable Minister, you have the floor. DISABILITY AND SPORT IN BERMUDA Hon. Michael A. Weeks: Good morning, Mr. Speaker, and thank you. Mr. Speaker, I rise this morning to inform Honourable Members that the …
Thank you, Minister. The next Statement is that in the name of the Honourable Minister Weeks. Honourable Minister, you have the floor.
DISABILITY AND SPORT IN BERMUDA
Hon. Michael A. Weeks: Good morning, Mr. Speaker, and thank you. Mr. Speaker, I rise this morning to inform Honourable Members that the Ministry of Social D evelopment and Sports intends to launch an initiative to highlight the sporting achievements of, and make sports more socially inclusive for, persons with disabi lities in Bermuda . Mr. Speaker, the objectives of this initiative are as follows: (1) to consult broadly on the topic of sport and persons with disabilities; (2) to create an action plan which identifies steps required to heighten awareness and increase participation in sports and recreation by persons with disabilities; (3) to undertake a public relat ions exercise to raise the profile of Bermuda’s para- athletes competing at the internatio nal level; (4) to establish enhanced opportunities for sporting engagement amongst Bermuda’s community of disabled persons; and (5) to promote the accom-modation and integration of persons with disabilities into mainstream athletic and other sport competitions. Mr. Speaker, Bermuda’s National Sports Pol icy states, “There should be no barriers to participating in sport and recreation or to developing an individual’s skills to achieve their sporting potential.” Mr. Speaker, the National Sports Policy also states, and I quote: “Government acknowledges the sports and recreational needs of the historically un-derrepresented population of persons with disabilities. The co mmitment to increasing their participation in both sport and recreation is paramount to the aims of this Policy. Additionally, increasing the awareness of the general public of the contributions that persons with disabilities have made and continue to make to the sports community locally and internationally will enhance the community as a whole. The Government intends for National Sport Governing Bodies [NSGBs ] and other key stakeholders to offer sport and recreational activities that have been adapted wher e needed to include persons with disabilities.” Further, Mr. Speaker, the National Sports Policy goes on to say (and I quote), “Persons with disabi lities are encouraged to continue to educate the D epartment of Youth, Sport and Recreation, the National Sport Governing Bodies and other key stakeholders on how to accommodate them in the variety of roles within sports and recreation. With this knowledge this would provide for persons with disabilities to exper ience the full range of sporting programs and recreational activities.” Mr. Speaker, in addition, Goal 7 of the N ational Policy on Disabilities (2006) , which deals with culture, recreation and sport, states , and I quote: “All people, including people with disabilities, have the right to participate in culture, recreation, leisure and sport activities and must have equal access to these activities both for their own benefit and that of our community. All people, including people with disabil ities, are entitled to the same level of funding and coaching to p ursue their cultural, recreational and sporting goals.” Mr. Speaker, these are laudable statements. But, now we as a community must translate these words into action. We must walk the talk! Accordingly, as Minister with responsibility for Sport, I intend to take action. We will consult directly with persons with disabilities to get their feedback on their level of parti cipation in sports, the barriers that prevent them from more active engagement in sports , and ideas that they may have for increasing part icipation in sports by persons with disabilities. This is a critical and necessary first step, but we do not want it to consume all of our efforts. Therefore, our target is to complete the co nsultative phase by September 2018. The consultation will include many stakeholders , such as the Bermuda Paralympic Association, Special Olympics Bermuda, Boccia Bermuda, Windreach Bermuda, Ageing and Disability Services, the Disabil ity Advisory Council , and the Association of National Sport Governing Bo dies, among others, to ascertain their views on how to increase participation. Mr. Speaker, without a doubt, the best way to proceed is by charting an a ction plan to identify achievable measures and targets. It is our intent ion to engage and challenge the entire communit y, including Government itself, to embrace the capacity of sport to foster development and social inclusion when it comes to differently abled persons. The a ction plan development phase will overlap the consultative phase so that a robust action plan can be established by October 2018. Mr. Speaker, the third objective is t o raise the profile of our para- athletes who compete at an international level. This ongoing action step is important from
Bermuda House of Assembly several perspectives: ( a) It can motivate other persons with disabilities to train towards reaching an intern ational competitive level ; (b) it can instil pride in all members of our community when accomplishments of our para- athletes are recogni sed and highlighted; and (c) it can encourage investment in infrastructure and equipment to accommodate persons with disabilities in sporting endeavours. Mr. Speaker, in this regard, I am pleased to note that there were seven para- athletes , out of a total of 78 athletes , who participated in the 2018 Bermuda Invitational Permi t Meet organis ed by the Bermuda National Athletics Association and held at the National Sports Centre on Friday , May 11th, 2018, including Bermuda’s own Jessica Lewis, a 2015 Parap an Ame rican Games G old Medal winner, who is currently ranked number one in t he world in T53 100 m etres . Mr. Speaker, I am pleased to inform this Honourable House that I will be trave lling to the United Kingdom shortly to give support to three of Ber muda’s para- athletes who will be competing in the 2018 World Boccia Championships being held at the Exhibition Centre in Liverpool, UK , from August 12th to A ugust 18th, 2018. The three para- athletes are Omar Hayward, a BC1 competitor; Yushae De SilvaAndrade, a BC2 competitor ; and Theophilus (Steve) Wilson, a BC4 competitor. I am very mu ch look ing forward to seeing these athletes in action. Mr. Speaker, at the 2018 Berm uda Invitational Permit Meet, U S sprinter Blake Leeper , a world record holder with multiple Paralympic and World Championships medals , who runs on two prosthetic legs, electr ified the crowd when he won the gold medal in the 400 metres . We must use our best efforts to provide o pportunities for sporting engagement amongst all of Bermuda’s community of disabled persons. Therefore, as our fourth main objective, we will examine ways to facilitate and enable participation in sports by organi sing and encouraging sports activities and competitions for persons with disabilities. For example, Mr. Speaker, we could consider additional spor ting events for Bermuda’s special needs children. Perhaps the time has come for estab-lishment of a National Disability Games in Bermuda. Ultimately, with support from both Government and the corporate sector, staging of a Bermuda Invitational Para Athletic Games is well within our capability. Mr. Speaker, it will be a good thing to profile our successful para- athletes in international compet ition. It will be wonderful if we can bring sports into the lives of more of our persons with disabilities. But the true measure of how we as a people have embraced persons with disabilities is to achieve the fifth objective: the accommodation and integration of persons with disabilities into mainstream athletic and other sports competitions. My Ministry is fortunate enough to include both culture and sports. Therein lies a golden oppor-tunity to create a strong synergy between these two portfolios and achieve even greater outcomes. E xploiting this opportunity will require creativity, collaboration, and vision. There is no reason, for example, why an annual art and music festival cannot provide funding for disability sports events. Mr. Speaker, around the world, countries are making great strides in using sport to advance the inclusion and well -being of persons with disab ilities. It is time for Bermuda to join those nations who are recognising the importance of increasing public awar eness of the rights and capabilities of persons with di sabilities, through greater exposure and participation in sport. I truly believe sport can be a pivotal means to accelerate greater social inclusion for persons with disabilities. It is imperative that access to sporting opportunities be created, enhanced, developed, and continued for persons with disabilities in Bermuda. The time is now, Mr . Speaker! Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The final Statement this morning is in the name of the Premier. Honourable Premier, would you like to take the floor? [Pause]
The SpeakerThe SpeakerPremier, you have the floor. Hon. E. David B urt: Thank you very much, Mr. Speaker. I just wanted to make sure that the Stat ements were received. So, is the Opposition okay for me to proceed?
The SpeakerThe SpeakerYes. Proceed. Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. 2018/19 FIRST QUARTER FISCAL PERFORMANCE Hon. E. David Burt: Mr. Speaker, the management of public finances has taken on greater significance with the shift in the global economy since 2008. Bermuda is no different, and successive governments have wrestle d with deficits and the responsibility to deliver services …
Good morning.
2018/19 FIRST QUARTER FISCAL PERFORMANCE
Hon. E. David Burt: Mr. Speaker, the management of public finances has taken on greater significance with the shift in the global economy since 2008. Bermuda is no different, and successive governments have wrestle d with deficits and the responsibility to deliver services on behalf of the people of Bermuda. Mr. Speaker, governing is about setting priorities and committing revenue raised to support areas of priority, based on the mandate provided from the people. Mr. Speaker, to hear the Opposition tell it, this Government has no handle on the public purse, and every new initiative is cast as overspending or not thought -through. In fact, Mr. Speaker, in regrettably under -informed comments reported on July 27 th, the Chairman of the One Bermuda Alliance said, and I quote: “It seems Government is desperate for revenue as it is not meeting its own revenue expectations.” 3018 10 August 2018 Official Hansard Report
Bermuda House of Assembly This, Mr. Speaker, was closely followed by the Leader of the Opposition, who termed this Government as , and I quote, quickly becoming a “tax and spend” Go vernment. And, not to be outdone, the Honourable Member for constituency 10, the former Premier, r eferring to economic statistics, said they were, and I quote: “showing the potential slowdown or even r etraction of the economy.” Mr. Speaker, I can advise Honourable Members and the public that the facts totally disprove this tired narrative from the Opposition. And, therefore, Mr. Speaker, I am pleased to advise this Honourable House and the public that the headlines for the first quarter of this fiscal year are as follows: • Government Revenues are up! • Government spending is down! • The deficit is down by 24 per cent! • Visitor air arrivals are up! • Employment in the economy is up!
[Desk thumping]
The SpeakerThe SpeakerMembers! Hon. E. David Burt: These are the facts, Mr. Speaker. And, so, I want all Honourable Members and the people of Bermuda to understand that in the first quar-ter of this fiscal year, the state of government finances is improving. Why do I say that, Mr. Speaker? B ecause …
Members! Hon. E. David Burt: These are the facts, Mr. Speaker. And, so, I want all Honourable Members and the people of Bermuda to understand that in the first quar-ter of this fiscal year, the state of government finances is improving. Why do I say that, Mr. Speaker? B ecause the numbers say so. Mr. Speaker, I will now turn my attention to the fiscal performance for the first quarter of 2018/19 , which will demonstrate that revenues are up, spending is down, and the budget deficit has contracted. Mr. Speaker, the headline numbers for the 2018/19 N ational Budget were a revenue target of $1.09 billion; current expenditure, including debt service, of $1.12 billion, and capital expenditure of $62 million; with a projected deficit of $90 million. Mr. Speaker, the revenues collected for the first quarter ending June 2018 are $260.1 million. This is $5.7 million (or 2.2 per cent) higher than in the quarter ending J une 2017. The primary reasons for the mentioned increase in revenue are due to an increase in Payroll Tax collections of approximately $9.2 million above 2017 collections, higher collections in Passenger Tax of $2.2 million above 2017 collections, and higher Land Tax collections of $2.1 million above 2017 collections. These increases were offset by lo wer collections in Other Receipts of $6.3 million and Customs Duty of $2.9 million. In general, Mr. Speaker, total revenues are tracking in line with budget estimates. Mr. Speaker, current account expenditures, excluding debt service, for the first three months end-ing June 2018 are $231.1 million. This is $851,000 [0.37 per cent] lower than was spent during the same period last fiscal year. This, Mr. Speaker, was despite the Government awarding a 2.5 per cent salary i n-crease to most public officers in 2017/18, which was not reflected in the quarter ending June 2017 expend iture total of $231.9 million. Yes, Mr. Speaker, despite giving public sector workers a we ll-deserved pay increase, and lifting the hiring freeze which saw many government depar tments being dangerously short of staff, spending is down this year when compared to last year and expenditures are presently tracking slightly below budget estimates. Mr. Speaker, capital expenditures for the per iod ending June 2018 are $11.9 million, which is $3.2 million below the 2017/18 spend for the same period. Debt service costs for the first three months ending June 2018 are $47.1 million. This represents $31 million in interest payments and a $16.1 million contribution to the Government Borrowing Sinking Fund, representing approximately one- quarter of the $64.2 million annual contribution. Debt service to date is on par with last year’s spend. Mr. Speaker, overall, total government spending for the first quarter of fiscal 2018/19 was $3.8 mi llion, or 1.3 per cent, lower than the corresponding pe-riod in 2017/18. For the first three months of 2018/19, the Government incurred a deficit of $29.9 million, Mr. Speaker. This compares to a $39.4 million deficit in 2017/18, meaning that our deficit has narrowed by 24 per cent in the first quarter, Mr. Speaker.
[Desk thumping]
Hon. E. David Burt: Mr. Speaker, the figures show that this Government’s approach of targeted inves tment in growth, while maintaining fiscal discipline, is working. One quarter does not a year make, but these figures are concrete facts that indicate that this PLP Government is on the right track.
[Desk thumping]
Hon. E. David Burt: Mr. Speaker, in my highlights, I spoke about the fact that tourism numbers were up. When we were in Opposition, we pledged to invest more in tourism, and we have done that. Bermuda is reaping the results of that investment, and that is pos itive progress for our Island. From April to June 2018, with figures compared to the America’s Cup in 2017, visitor air arrivals, the most important measure of tour-ism health, are up by 5.4 per cent. Just as important, hotel occupancy for the same quarter, Mr. Speaker, was up by 4.8 per cent. Mr. Speaker, the last highlight that I gave when I started this Statement is probably the most important —Employment in the economy is up. Mr. Speaker, this Government promised economic divers ification and investment to provide additional jobs. We pledged to put Bermudians first and to make inves tments that stimulate entrepreneurship and create
Bermuda House of Assembly economic growth. Are we where we want to be, Mr. Speaker? The answer is no, but this PLP Government has made progress. Mr. Speaker, one way of gauging the current state of the job market is through the number of persons paying into the Contributory Pension Fund, or Social Insurance. These statistics provid e a decent snapshot into the number of persons who are working in the economy. Again, Mr. Speaker, the facts are positive. Mr. Speaker, I can report that the total number of persons contributing to Social Insurance as of June 2018 was 33,909. This is 322 more than were contri buting just one year ago. Yes, Mr. Speaker, the facts show that there are 322 more people working this year than there were last year. Mr. Speaker, the best news is that, out of the increase of 322 jobs, 83 per cent of those jobs were held by Bermudians —
[Desk thumping] Hon. E. David Burt: —and only 17 per cent of those jobs were held by non- Bermudians. This is proof that not only has this Government supervised a growth in jobs, but we are holding true to our election promise of putting Bermudians first .
[Desk thumping] Hon. E. David Burt: In closing, Mr. Speaker, let me end where I began: Government revenues are up, government spending is down, our deficit is down by 24 per cent, air arrivals are up, and there are 322 more jobs in the Bermuda economy than there were last year. Mr. Speaker, this Government has demonstrated that you can do more for our seniors, you can do more for students who want to further their educ ation, and you can do more to reduce the burden on hard- working Bermudian families —and do so while properly managing a national budget. Mr. Speaker, this first quarter performance shows the people of Bermuda that this Government is determined to work for them, maintain control of public finances, and lift them up in t he process. We are on course for increased economic activity and growth that targets Bermudians who, thanks to this Gover nment, Mr. Speaker, now have a chance to benefit directly from Bermuda’s economic success. Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerMembers, Members. Let us move on to business. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThe next Order of the Day is Reports of Committees. And we recognise the Deputy Speaker. Deputy Speaker, you have the floor. PARLIAMENTARY JOINT SELECT COMMITTEE ON PRIVATE BILLS • BERMUDA SOCIETY FOR THE BLIND AMENDMENT ACT 2018 • YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018 Hon. …
The next Order of the Day is Reports of Committees. And we recognise the Deputy Speaker. Deputy Speaker, you have the floor.
PARLIAMENTARY JOINT SELECT COMMITTEE ON PRIVATE BILLS
• BERMUDA SOCIETY FOR THE BLIND AMENDMENT ACT 2018 • YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. “To His Honour, Mr. Speaker, and Mem bers of this Honourable House of Assembly: The Parli amentary Joint Select Committee on Private Bills has the honour to submit the following report: “The committee has carefully considered the petitions, together with the related Bills, for the Acts listed hereunder and is satisfied that the Bills are Pr ivate Bills and that all of the rules for both Houses ha ving to do with Private Bills have been complied with: (1) the Bermuda Society for the Blind Amendment Act 2018; and (2) the Young Life in Bermuda (Change of Name) Amendment Act 2018. “The committee recommends that the Bills entitled the Bermuda Society for the Blind Amendment Act 2018 and the Young Life in Bermuda (Change of Name) Amendment Act 2018 be accepted, subject to agreed amendments. “Subject t o the recommendations contained in paragraph 2 (above), the committee recommends that the prayers of the petitioners be granted and that leave be given to bring in the proposed Bills to give effect hereto. All of which is respectfully submitted.”
The SpeakerThe SpeakerThank you, Deputy. Would you like to do the second report? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.
The SpeakerThe SpeakerContinue. PARLIAMENTARY COMMITTEE ON HOUSE AND GROUNDS Hon. Derrick V. Burgess, Sr.: Mr. Speaker and Members of this Honourable House, I report that the Parliamentary Committee on House and Grounds met on four occasions to focus on a few outstanding matters—in particular, the renovations work to the upper floor at …
Continue.
PARLIAMENTARY COMMITTEE ON HOUSE AND GROUNDS
Hon. Derrick V. Burgess, Sr.: Mr. Speaker and Members of this Honourable House, I report that the Parliamentary Committee on House and Grounds met on four occasions to focus on a few outstanding matters—in particular, the renovations work to the upper floor at Sessions House. Notwiths tanding the unexpected challenges surrounding this project, we can report that the air -conditioning system on the roof has been removed, and a new heating ventilation and air - conditioning system will be installed. The chairman is working in tandem with the Minister to ensure that renovation works will be completed during the House’s summer recess. 3020 10 August 2018 Official Hansard Report
Bermuda House of Assembly With respect to the electronic gate, the committee will consider making the necessary modific ations to the existing swing- gate configuration by ad ding an additio nal safety beam and mechanical stop for the gate’s closed position, to prevent damage to veh icles or injury to persons within the gate’s closing area.
LEGISLATURE’S NEW WEBSITE
Hon. Derrick V. Burgess, Sr.: Mr. Speaker and Members of this Honourable Hous e, we are pleased to announce that the Legislature has a new website. While the functionality of the previous website remains the same in regard to parliamentary business, additional features have been implemented to enhance our new website. A 360 virtual tour of the House of Assembly has been added as a new aspect of the Bermuda Parliamentary website, which displays the parliamentary foyer, Parliamentary Chambers, and Senate Chambers. A running tally of Members’ work will be recorded on the Parliament homepage, tota lling the Members currently in office, Bills presented, votes recorded for Bills, and the number of commi ttees established within Parliament. Current information and events are to be uploaded to the Bermuda Parliament website to highlight occasio ns such as committee reports, special announcements or sittings, and quotes made by Members in the Chamber as an added feature. For ease of access to the House of Assembly and the Senate, Orders of Business, scrollable doc uments, have been embedded on the homepage and will be updated prior to each sitting. The we bpage a lso links to our Facebook page, which is an additional source for users to follow and to directly communicate any questions or concerns with regard to Parliament. Mr. Speaker and Members of this Honourable House, in this regard and on behalf of the House and Grounds Committee, I would like to thank both Mr. Derek Lamb, our Parliament Information Officer; and Ms. Jessica Bowers, the Clerk’s Administrative Assi stant, for their hard work and innovation in the development of our new www.parliament.bm website. We invite Honourable Members to explore the new site, and welcome all constructive feedback. Respectfully submitted.
The SpeakerThe SpeakerThank you, Deputy Speaker. We now move on. QUESTION PERIOD
The SpeakerThe SpeakerWe have no written questions this morning. So the questions this morning will come from Statements made by Ministers today. And we have one Member who has indicated that she would like to put a question in regard to a Statement this morning, and that is from the Oppos ition …
We have no written questions this morning. So the questions this morning will come from Statements made by Ministers today. And we have one Member who has indicated that she would like to put a question in regard to a Statement this morning, and that is from the Oppos ition Leader to the Premier in reference to his Stat e-ment that was given this morning in regard to the first quarter fiscal performance. We now recognise the Honourable Opposition Lead er. You may put your question.
QUESTION 1: 2018/19 FIRST QUARTER FISCAL PERFORMANCE
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I am pleased that the Premier has given us the first quarter performance for 2018/19, which is something that, even when we started talking about the Budget, I kept saying, We need these quarterly reports. But the point that I just want to say is that I think we have to recognise that nothing that happens here could not —
[Inaudible interjections]
The SpeakerThe SpeakerMembers, Members! Hon. Jeanne J. Atherden: Nothing that has ha ppened here, especially with the first quarter, if ever ybody looked at it they would realise that it could not be changed by the Government; it actually is a reflection of what had already been in train. And I am …
The SpeakerThe SpeakerNo. I gave you a little leeway there. Now . . . now you c an put your question. Hon. Jeanne J. Atherden: And I am going to ask the question. I am going to ask the question right now.
The SpeakerThe SpeakerOkay. Hon. Jeanne J. Atherden: I am going to ask the question right now, which I think will demonstrate the thing t hat I am saying.
The SpeakerThe SpeakerOkay. Hon. Jeanne J. Atherden: Could the Premier, if he looks on page 6, indicate to us, of those 322 people who are . . . that he is saying that the increase of 322 people, 83 of those jobs were held by Bermudians and only 17 of those jobs …
Okay. Hon. Jeanne J. Atherden: Could the Premier, if he looks on page 6, indicate to us, of those 322 people who are . . . that he is saying that the increase of 322 people, 83 of those jobs were held by Bermudians and only 17 of those jobs were held by nonBermudians. Could the Premier tell us how many of those jobs related to people who are having jobs relating to the airport project that was started by the former Government, or the Morgan’s Point? Because the question is, these things were in the pipeline. These jobs were in the pipeline.
[Inaudible interjections] Hon. Jeanne J. Atherden: The fact that these people—
Bermuda House of Assembly The Speaker: Members, Members!
Hon. Jeanne J. Atherden: If the Premier could tell us how many of these 322 jobs related to people who have gotten jobs down at the airport in that project which was started by our Government?
The SpeakerThe SpeakerThank you. Premier. Hon. E. David Burt: Mr. Speaker, here is the one thing that I can tell the Opposition Leader in response. I cannot tell her exactly how many people are working at one particular project or the other. What I can tell the Opposition Leader is that this …
Thank you. Premier.
Hon. E. David Burt: Mr. Speaker, here is the one thing that I can tell the Opposition Leader in response. I cannot tell her exactly how many people are working at one particular project or the other. What I can tell the Opposition Leader is that this Government was handed over a $165 million guarantee on a project that we are trying to rescue from her Government, Mr. Speaker. So, I think that the Opposition Leader should probably —probably consider the fact that these numbers represent progress. And if she is asking the question about June 2018 and dealing with the issue of the project at Caroline Bay, whi ch this Government is trying its best efforts to make sure can continue and be successful, I can give you that the answer on that particular issue, Madam Opposition Leader, will be very few, as we are trying to rescue that project, which we were given. And when we got it, Mr. Speaker, the project was in technical default from January 2017.
Some Hon. Members Some Hon. MembersWhoa! Whoa! Whoa! [Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. Supplementary or new question? SUPPLEMENTARY Hon. Jeanne J. Atherden: I guess, because I am glad you gave the Premier the same amount of lee-way as you gave me, because he obviously did not answer the question that I had with respect to the number of people. …
Thank you, Honourable Member. Supplementary or new question?
SUPPLEMENTARY
Hon. Jeanne J. Atherden: I guess, because I am glad you gave the Premier the same amount of lee-way as you gave me, because he obviously did not answer the question that I had with respect to the number of people. Would the Premier undertake to give us an answer, when he has got the information, with respect to the numbers of people in this 322 that have been related to the jobs down at the airport or that have been related to the job that was done down at the St. George’s hotel? And the reason that I am saying that, Mr. Speaker, is that —
The SpeakerThe SpeakerAh, ah, ah. St. George’s is a new one. You asked about Caroline Bay and the airport. So, St. George’s is a new introduction. That could be a second question. Hon. Jeanne J. Atherden: My question relates to the 322 jobs. An d if the Premier cannot tell us how …
Ah, ah, ah. St. George’s is a new one. You asked about Caroline Bay and the airport. So, St. George’s is a new introduction. That could be a second question.
Hon. Jeanne J. Atherden: My question relates to the 322 jobs. An d if the Premier cannot tell us how many people related to the Caroline Bay and the airport, if he could then . . .
[Inaudible interjections]
Hon. Jeanne J. Atherden: Mr. Speaker.
The SpeakerThe SpeakerYes, I am listening. I have got you. The Premier has all of these assistants. I am certain— I have got you. Members, Members. There is only one Member addressing me. Hon. Jeanne J. Atherden: If the Premier could tell us how many — [Inaudible interjections]
The SpeakerThe SpeakerMembers! Members! Hon. Jeanne J. Atherden: How many of those jobs are related to people who are down at St. George’s. And the reason I say that is because we obv iously — [Inaudible interjections] Hon. Jeanne J. Atherden: We obviously see — [Inaudible interjections]
The SpeakerThe SpeakerOkay. Ah! Ah! Hon. Jeanne J. Atherden: We obviously see a lot of people who are down there. And we would like to know how many of those new jobs are related to people who have jobs down there. And that is very i mportant. [Inaudible interjections] The Speake r: …
Okay. Ah! Ah! Hon. Jeanne J. Atherden: We obviously see a lot of people who are down there. And we would like to know how many of those new jobs are related to people who have jobs down there. And that is very i mportant.
[Inaudible interjections]
The Speake r: Members! Hon. Jeanne J. Atherden: That is very important to Bermudians, because we know that, having seen it for ourselves that there are a lot of Bermudians working down there —
The SpeakerThe SpeakerThank you. Thank you. Thank you. Premier. Hon. E. David Bu rt: Mr. Speaker, I thank the Ho nourable Opposition Leader for reminding the country that there are 322 more people in work this year, in June, than there were last year in June. Regarding her specific question, seeing that …
Thank you. Thank you. Thank you. Premier. Hon. E. David Bu rt: Mr. Speaker, I thank the Ho nourable Opposition Leader for reminding the country that there are 322 more people in work this year, in June, than there were last year in June. Regarding her specific question, seeing that the Honourable Opposition Leader will have plenty of time between now and the time that Parliament next 3022 10 August 2018 Official Hansard Report
Bermuda House of Assembly convenes, I would strongly suggest that she submit those questions for consideration, and I would be happy to research them and answer them. Here are the facts, Mr. Speaker. Underneat h their Government and underneath our Government, we are improving the conditions in this country. U nderneath their Government, we have narrowed the deficit, revenues are up, spending is down, tourism is up and, in addition to that, Mr. Speaker, there are more people working inside of this economy. Despite the projections of doom, despite the projections of gloom, despite the projections of tax and spend, not meeting revenue expectations —
[Inaudible interjections]
The SpeakerThe SpeakerMembers, Members! Hon. E. David Burt: —economy in recession, the facts prove otherwise, Mr. Speaker. If the Honourable Opposition Leader wants to ask specific questions that she wants to get answers to, she can follow Standing Orders and submit those questions! [Desk thumping]
The SpeakerThe SpeakerMembers, Members, Members! [Gavel]
The SpeakerThe SpeakerIt is early in this day. We are in for a long day. Members, let me remind you that we will try to proceed without any unnecessary interruptions. Be mindful of that, please.
Mrs. Patricia J. Gordon -PamplinI have a suppl ementary.
Mrs. Patricia J. Gordon -PamplinMr. Speaker, the Honourable Premier incl uded in his Statement 322 jobs. Presumably, in providing that number, there must be a breakdown. Can the Minister support the 322— [Inaudible interjections]
Mrs. Patricia J. Gordon -Pamplin—that he included in his Statement? Or does he indicate that he has no idea? Thank you. An Hon. Member: That’s no, that’s no . . . Just . . .
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, the figures come from the Department of Social Insuranc e. The figures were checked, checked, and checked again. And if the Honourable Members on that side, for some or whatever reason, want to say that public officers are providing incorrect information that comes …
Premier. Hon. E. David Burt: Mr. Speaker, the figures come from the Department of Social Insuranc e. The figures were checked, checked, and checked again. And if the Honourable Members on that side, for some or whatever reason, want to say that public officers are providing incorrect information that comes to the House, then that is up for them to disparage. I think that the Honourable Members on that side should say that we applaud the efforts of the Government, that they can recognise that work which they may have done [which] may have helped to contribute to this. And they could just say that they ar e happy that things are carrying on and that more people are working. But it shows their naked political bias that they are doing whatever they can to distract from the fact that there are 322 more people working in Bermuda in June 2018 than there were in June 2017 —
The SpeakerThe SpeakerThank you. Hon. E. David Burt: —and, and out of those 322, there are 83 per cent who are Bermudians, Mr. Speaker.
The SpeakerThe SpeakerThank you. Any further supplementary? New question? New question? Hon. Jeanne J. Atherden: A suppl ementary.
The SpeakerThe SpeakerSupplementary. SUPPLEMENTARY Hon. Jeanne J. Atherden: My supplementary relates to the fact that the Premier made such a statement that we are supposed to recognise that what the Go vernment had done. Could the Premier also indicate to us, with respect to these 322 jobs, the categories that they are …
The SpeakerThe SpeakerI get your question. Your question is basically seeking a breakdown of the jobs. I think when the Minister, the Premier was on his feet just now, he indicated that he did not have a breakdown. He indicated that he got an overall number from the department that tracks these …
I get your question. Your question is basically seeking a breakdown of the jobs. I think when the Minister, the Premier was on his feet just now, he indicated that he did not have a breakdown. He indicated that he got an overall number from the department that tracks these things. But I am sure that a future question can pr ovide the direction to get the answer. So, Premier, if you want to respond, you are open to respond.
Bermuda House of Assembly Hon. E. David Burt: Mr. Speaker, I would refer the Honourable Opposition Leader to the response that I gave moments ago.
The SpeakerThe SpeakerAny further questions? Hon. Jeanne J. Atherden: I have a further question.
The SpeakerThe SpeakerYes, second question. QUESTION 2: 2018/19 FIRST QUARTER FISCAL PERFORMANCE Hon. Jeanne J. Atherden: My second question: Mr. Speaker, the Premier made reference to the fact that the tourism numbers were up. And when they were in Opposition, they pledged to invest more in tourism. I wondered if the Premier …
The SpeakerThe SpeakerMembers! Hon. Jeanne J. Atherden: —if the Premier could i ndicate, because there were numbers that had been put, in terms of the pre- budget report, that were at least the persons, when they were talking about the results for 2017/18, they acknowledged that the tourism figures were expected to …
Members! Hon. Jeanne J. Atherden: —if the Premier could i ndicate, because there were numbers that had been put, in terms of the pre- budget report, that were at least the persons, when they were talking about the results for 2017/18, they acknowledged that the tourism figures were expected to be up because it was going to be balancing off of what I call the benefits from America ’s Cup and all of the information. So, could the Premier indicate to us whether the tourism numbers that are up, whether they are in line with what was already projected and already attributed to the performance? Or whether this is new increase?
The SpeakerThe SpeakerOkay. Thank you. Premier. Hon. E. David Burt: Mr. Speaker, last year, the former Government committed $120 million of spending for an event called the America’s Cup that they said would bring incredible tourism benefits inside of this country. The facts are, Mr. Speaker, that in the threemonth period, April, …
Okay. Thank you. Premier.
Hon. E. David Burt: Mr. Speaker, last year, the former Government committed $120 million of spending for an event called the America’s Cup that they said would bring incredible tourism benefits inside of this country. The facts are, Mr. Speaker, that in the threemonth period, April, May, and June, of course, we understand that May and June of last year covered the America’s Cup. Visitor air arrivals were up from this year over last year, and hotel occupancy was up from this year over last year, Mr. Speaker. Those are the facts. And we did not have to spend $120 million to get that increase year -over-year, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you. Supplementary? Hon. Jeanne J. Atherden: Yes.
The SpeakerThe SpeakerSupplementary. SUPPLEMENTARY Hon. Jeanne J. Atherden: And I will ask it again. O bviously, the tourism numbers were projected to go up; we all know that. What I am trying to determine is whether the increase is greater than what the D epartment of Tourism had indicated would result b …
Supplementary.
SUPPLEMENTARY
Hon. Jeanne J. Atherden: And I will ask it again. O bviously, the tourism numbers were projected to go up; we all know that. What I am trying to determine is whether the increase is greater than what the D epartment of Tourism had indicated would result b ecause people knew more about Bermuda. People also were dealing with the Triathlon. Was that increase greater? Because if it was not any greater, than all it is is the result of what was done by the former Gover nment and what was done and in train !
[Inaudible interjections]
The SpeakerThe SpeakerThank you. Minister. Hon. E. David Burt: Mr. Speaker, I appreciate that the Honourable Opposition Leader will try to do an ything to try to look good. Allow me to say this, Mr. Speaker —
The SpeakerThe SpeakerLet us just stick to the facts. Let us stick to the facts that are before you. Hon. E. David Burt: Oh, I am going to stick to the facts, Mr. Speaker. Because the facts are, and I will repeat them again.
An Hon. Member An Hon. MemberRepeat them! Hon. E. David Burt: In April, May , and June 2017, during the America’s Cup, a project that the former Government committed $120 million of taxpayers’ dollar to in order to hold, Mr. Speaker, the figures this year were higher than the figures during the period of the …
Repeat them! Hon. E. David Burt: In April, May , and June 2017, during the America’s Cup, a project that the former Government committed $120 million of taxpayers’ dollar to in order to hold, Mr. Speaker, the figures this year were higher than the figures during the period of the America’s Cup, Mr. Speaker. Hotel occupancy up and visitor air arrivals were up!
[Inaudible interjections]
The SpeakerThe SpeakerMembers, Members! Supplementary?
Mrs. Patricia J. Gordon -PamplinSupplementary,
Mr. Speaker.
The SpeakerWe will take your su pplementary. SUPPLEMENTARY
Mrs. Patricia J. Gordon -PamplinYes, Mr. Speaker. I wonder if the Premier would be good enough to advise how many of the visitors, the increase in the numbers, related to the Triathlon period for 2018? 3024 10 August 2018 Official Hansard Report Bermuda House of Assembly The Speaker: Thank you. Premier. Hon. E. David …
Yes, Mr. Speaker. I wonder if the Premier would be good enough to advise how many of the visitors, the increase in the numbers, related to the Triathlon period for 2018?
3024 10 August 2018 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you. Premier.
Hon. E. David Burt: Mr. Speaker, the Minister of Tourism is not here. I do not want to speak from memory, and get incorrect figures. I do believe that the Tourism Authority, however, did report the number of visitors who came [because of] the Triathlon. That answer is in the public domain. And if you go to the Bermuda Tourism Authority website, Honourable Member, you will be able to find that.
The SpeakerThe SpeakerAny supplementary or any further ques tions? No further questions, no supplementary . We will now move on. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerDoes any Honourable Member wish to speak to that? I will recognise the Deputy Premier.
Ms. Leah K. ScottDeputy Premier? Thank you, Mr. Speaker . . . Oh! [Inaudible interjections and laughter ] Hon. Walter H. Roban: I think we all know who the Deputy Premier is, Mr. Speaker. And I sit on this side of the House. [Laughter] Hon. Walter H. Roban: The Deputy Premier sits on …
Deputy Premier? Thank you, Mr. Speaker . . . Oh! [Inaudible interjections and laughter ]
Hon. Walter H. Roban: I think we all know who the Deputy Premier is, Mr. Speaker. And I sit on this side of the House.
[Laughter]
Hon. Walter H. Roban: The Deputy Premier sits on this side of the House, Mr. Speaker. [Inaudible interjections] Hon. Walter H. Roban: Well, you are not the Deputy Premier, either.
An Hon. Member An Hon. MemberNot yet!
The SpeakerThe SpeakerDeputy Opposition Leader, I will recognise you next. I will recognise you next. [Inaudible interjections and laughter]
The SpeakerThe SpeakerContinue on. Hon. Walter H. Roban: Everybody on that side will be in the grave before anybody on that side is Deputy Premier; I assure you that.
The SpeakerThe SpeakerPut your congratulations. Your time is ticking. Your time is ticking. Hon. Walter H. Roban: Mr. Speaker, on a pleasant note.
The SpeakerThe SpeakerYes. Hon. Walter H. Roban: I wish to ask the House to recognise that this week I attended the Packwood Home on behalf of the Premier and the Government, to give recognition to the 100 th birthday of Ms . Sylvia Smith, long-time resident of the home, and was joined …
Yes.
Hon. Walter H. Roban: I wish to ask the House to recognise that this week I attended the Packwood Home on behalf of the Premier and the Government, to give recognition to the 100 th birthday of Ms . Sylvia Smith, long-time resident of the home, and was joined happily by many, many members of her family. A beautiful bouquet of flowers was given to her. His E xcellency the Governor was also in attendance, as was the constituency representative, the Mem ber who sits for constituency 33. And it was a very pleasant affair. The family was elated by the presence of us all . And I would just like to make sure that this is recognised. In addition to that, Mr. Speaker, Ms. Smith was joined by her good friend and (I believe) relative, the gentleman of 102 years, Mr. Brownlow Place . So, it was quite a happy affair. And numerous sisters and brothers who are also in their 90s —so, it is a family that certainly has the benefit of long life. And we, of course, I am sure, the whole House wishes Ms. Sylvia Smith all of the happiness in the world. And certainly, we hope that she will be here another year. So, with that, thank you, Mr. Speaker, very much.
The SpeakerThe SpeakerThank you, Deputy. I now recognise the Deputy Opposit ion Leader. [Laughter]
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, I would like to take this opportunity to congratulate Mr. Vashon Blanchette and the Somerset Cricket Club, of which I am a member , for the magnificent victory —
The SpeakerThe SpeakerIf I had known that is what you wanted to say, you would have gone first. See that?
Ms. Leah K. Scott—that they performed over Cup Match. And to my dear friend, Ms. Renee Ming, you have my condolences. [Laughter]
Ms. Leah K. ScottMs. Ming, in order to try to convert me, tied a big blue- and-blue ribbon on the back of my car at the last session of the House.
The SpeakerThe SpeakerTsk, tsk, tsk. Bermuda House of Assembly Ms. Leah K. Scott: But, in collaborative fashion, Mr. Speaker, my good friend, Mr. Lawrence Scott, called me, because he and Mr. Tyrrell were driving behind me, and said, Ms. Scott! Which team do you support? And I said, Why, Somerset, of course! …
Tsk, tsk, tsk.
Bermuda House of Assembly Ms. Leah K. Scott: But, in collaborative fashion, Mr. Speaker, my good friend, Mr. Lawrence Scott, called me, because he and Mr. Tyrrell were driving behind me, and said, Ms. Scott! Which team do you support? And I said, Why, Somerset, of course! He said, But you’ve got a blue- and-blue ri bbon on your car!
[Laughter]
Ms. Leah K. ScottSo, Mr. Speaker, I automatically challenged my good friend, Mr. Famous, as being the guilty party! [Laughter]
Ms. Leah K. ScottAnd I reamed him. He said, I don’t know what you’re talking about! I didn’t do it! It w asn’t me! Never would I have thought that Ms. Ming, who I think is quite a lady, would have performed such an act of defacement, Mr. Speaker! [Laughter]
Ms. Leah K. ScottIn any event, Somerset prevailed with a 2-1 victory, the second- largest victory i n history. And I would like to include everyone who wants to be associated with these remarks —
The SpeakerThe SpeakerThe whole House! The whole House.
Ms. Leah K. Scott—to send congratulations to the Somerset Cricket Club.
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Honourable Member Weeks. Honourable Member Weeks, you have the floor. Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the comments by the Member who just took her seat when it comes to the …
Thank you, Honourable Member. I now recognise the Honourable Member Weeks. Honourable Member Weeks, you have the floor.
Hon. Michael A. Weeks: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the comments by the Member who just took her seat when it comes to the Cup Match celebrations. Classic, yes. Mr. Speaker, in particular, I congratulat e the two presidents, not only Mr. Blanchette, but Mr. Neil Paynter of St. George’s, because together they put on a great event of celebration. Mr. Speaker, the cricket teams, I would like to talk about them real ly quick ly. I would like to congrat ulate Chris Douglas and Terryn Fray for setting a new first wicket partnership record that, essentially, ended the gam e for the challengers, you know. So, I could not go without congratulating them. But, on a serious note, Mr. Speaker, I also would like to congratulate the young Onias Bascome, because in the face of such pressure, he held his nerve. I think he is in his early 20s. And he showed a lot of fortitude for a young man. So, I need to acknowledge his exploits in a losing cause, albeit . . .
[Laughter]
Hon. Michael A. Weeks: But he really put his head down and did his thing. Mr. Speaker, before I take my sea t, I want to congratulate the athletes who went down to the CAC [Central American and Caribbean] Games in Colombia. We got a few medals there, Mr. Speaker. I would like to have a special congratulations sent to the squash players, Noah Browne and Micah Franklin, who won a bronze medal; bowlers, Rickai Binns , David Maycock , and Damien Matthews, for winning the silver medal in the men’s event; and Tyrone Smith, who won a silver medal in Athletics and long jump. I would like to associate the whole House with those comments. And I also, Mr. Speaker, would make special mention of the young Mr. Duane Akeem Talbot. He is the stepson of my Permanent Secretary. He did a fine job as one of the bowlers. Mr. Speaker, before I ta ke my seat, I really want to congratulate our Bermuda Women’s Under -15 Football team, who have done excellent this week in Florida, Mr. Speaker. They won all of their . . . oh, and my honourable colleague from constituency 3 just i nformed me that her daughter is one of the coaches of the Under -15 team. So, hats off to her! And I would like support from Members on both sides because today our Under -15 team play in the semi -finals down in Florida. So, let us all pull together so that they may continue to be s uccessful. And on that note, Mr. Speaker, I will take my seat. Thank you.
The SpeakerThe SpeakerThank you, Minister. I recognise the Honourable Member from across the floor there, constituency 28. Honourable Member Lister, you have the floor.
Mr. Dennis Lister IIIThank you for recognising me. I would first like to start off by sending cond olences to the family of the young Ms. Brittany Goater , who is a constituent of mine who, at only 20 years of life, passed away last week. So I would like to send condolences …
Thank you for recognising me. I would first like to start off by sending cond olences to the family of the young Ms. Brittany Goater , who is a constituent of mine who, at only 20 years of life, passed away last week. So I would like to send condolences to her family. Also, I would like to send congratulations, as the previous speaker before me, to the Under -15 Women’s Football team, who have so far won all three of their games and who have gotten themselves to the semi -finals. 3026 10 August 2018 Official Hansard Report B ermuda House of Assembly Also, to the Bermuda Bowling team who fi nished second in the CAC Games. To Mr. Ryan Burgess and Mr. Stephen Corrado, who represented Bermuda overseas in Karting, a nd they finished second and third, respectively, overall. And to Mr. Tyler Smith, who was named Athlete of the Month by the University of Leeds, where he attends school. Also, Mr. Speaker, I would like to send condolences to all of the blue- and-blue supporters in this House. [ Laughter] Mr . Dennis Lister III: I would like to attach that to Ms. Renee Ming, Mr. Neville Tyrrell, my friend Mr. Chris Famous, Rolfe Commissiong—to all of the blue —and Tinee Furbert, and Madam Foggo. [ Inaudible interjections and laughter]
Mr. Dennis Lister IIINo, I am not going to leave out my friend, Mr. Famous. So I would like to extend con-dolences to them, and cousin, the Honourable Derrick Burgess. I definitely cannot forget, and the Minister Diallo Rabain, who is quietly trying to avoid being called out. So, Mr. Speaker, I would …
An Hon. Member An Hon. MemberFrom the whole House!
Mr. Dennis Lister IIIFrom the whole House, Mr. Speaker. But, on a much better note, Mr. Speaker, I would like to definitely send congratulations to the Somerset Cricket Club team, [where] I am also a member of the executive, and we worked hard in the lead-up on those two days of Cup Match …
From the whole House, Mr. Speaker. But, on a much better note, Mr. Speaker, I would like to definitely send congratulations to the Somerset Cricket Club team, [where] I am also a member of the executive, and we worked hard in the lead-up on those two days of Cup Match to pull off not only a successful event on the field, but off the field. And to all of the red- and-blue supporting Members of the House, Mr. Speaker, I would like to say, Congrats. And, Mr. Speaker, we will be having a two- for-one sale later on today for anyone who wants to come by. [ Laughter and desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Premier. Premier. Hon. E. David Burt: Mr. Speaker, I would like, without question, to be associated with the congratulations which have been sent to the Somerset Cricket Club on their Cup Match victory. And, of course, congrat ulation s also to Mr. …
Thank you, Honourable Member. I now recognise the Premier. Premier. Hon. E. David Burt: Mr. Speaker, I would like, without question, to be associated with the congratulations which have been sent to the Somerset Cricket Club on their Cup Match victory. And, of course, congrat ulation s also to Mr. Allan Douglas, who won, I believe, the Safe Hands Award. Without question, also co ngratulations should be extended, or I would like to be associated with the congratulations which were made by the Minister of Sports , regarding the open wicket partnership between Mr. Fray and Mr. Chris Douglas. [ Inaudible interjection] Hon. E . David B urt: Yes, I w ould like, y ou know . . . without question, it is great t o see that t he Somerset Cricket Club is following in the footsteps of the Progressive Labour Party, two-t o-one.
[Laughter and desk thumping] Hon. E. David Burt: We like it. [Inaudible interjections]
The SpeakerThe SpeakerMembers, Members. The Premier has the floor. Continue, Premier. Hon. E. David Burt: Mr. Speaker, I would also —
The SpeakerThe SpeakerMembers! Members. Hon. E. David Burt: Mr. Speaker, I would also like to be associated with the congratulatory remarks which were sent by the Honourable Minister for Sports r egarding our athletes who were at the Central Amer ican and Caribbean Games, and also to be associated with the congratulatory …
Members! Members. Hon. E. David Burt: Mr. Speaker, I would also like to be associated with the congratulatory remarks which were sent by the Honourable Minister for Sports r egarding our athletes who were at the Central Amer ican and Caribbean Games, and also to be associated with the congratulatory remarks which were sent to our Under -15 Women’s Football team, who are doing exceptionally well there in Florida. I would like to just ask the House to send a warm note of congratulations to Ms. Angelita Dill, a grandmother who has been called to the Bar. Ms. Dill has expressed that she would like to help Bermuda and its people. And it proves, Mr. Speaker, that you are never too late in life to pursue your dream. And I will associate the entire House with those c ongratulations. On a sadder note, Mr. Speaker, the last time that we were here, we left this Chamber at about 8:00 pm. And a few hours later, a young man was taken from us. And so, I would like to have the House please express condolences to the family of the late Taylor Matthew Grier, who was a talented dancer. And those in the community who had the pleasure of knowing him knew that he was always full of energy and kindness. It was a very sincere shock to my fam ily, and also, I am sure, to most of Bermuda, at the murder which took place. And it was without question a sense less murder and another young black man gone. And I extend my sincere condolences on behalf of the Government, and if I may associate the whole House with that, to Taylor’s parents, Ms. Charmaine Scott and Mr. John Grier; his young daughter, Tayl a Majesty; and all of his friends and family during this difficult time. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. We recognise the Honourable Member Gordon-Pamplin. You have the floor. Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Thank you. T hank you, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks of condolences that the Premier has just delivered with …
Thank you, Mr. Premier. We recognise the Honourable Member Gordon-Pamplin. You have the floor.
Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Thank you. T hank you, Mr. Speaker. Mr. Speaker, I would like to associate myself with the remarks of condolences that the Premier has just delivered with respect to the family of Taylor Grier. And I know, notwit hstanding his absence today, that the Honourable Member from constituency 10 would certainly want to be associated, as they had a relatively close relationship of representative and constituent. I would also like to ask for this Honourable House to offer condolences to the family of the late Thelma Lovell. Ms. Lovell was one of my favourite clients when I held the position in a certain ministry. And she was one who, if she had an issue, she would come to you. You knew what her issue was. And she would not let you rest until it had been resolved. So, Ms. Lovell was quite an interesting young . . . well, lady. She was the mom of Eugene, Sandra, Rose, and Elizabeth. And I believe that the Honourable Member from constituency 11 would probably want to be associated with those remarks of condolences to that family. Mr. Speaker, I had the privilege over Cup Match holiday to be interviewed concerning the result of Cup Match. And, apart from the comment made about the two-to-one that the Premier just had, I bas ically had the opportunity to say Hearty congratulations to Somerset, notwithstanding my disappointment at their victory. However, it was convincing, and it was certainly worthy of the applause that they deserve, under the club leadership of Vashon Blanchette and the team leadership of Mr. [Jordan] DeSilva. I also would like to offer hearty congratul ations to Onias Bascome, because his 101 runs were tremendous in the face of the adversity that we have heard about earlier today. But as I was able to say during that interview, Mr. Speaker, my team came second. And that is fine with me! Sometimes, you have to come second. And then, you know, you sort of strive toward winning the prize and coming first the next time around. But having said that, because I try to look at the glass being half -full rather than half - empty, Mr. Speaker, in saying to a particular individual on the street that my team came second, he said, No. With those results, your team came a distant fourth! So, all I can say is, Hearty congratulations to both teams! Because I believe that the sportsmanship that was exhibited in both days of the match by both teams was absolutely exemplary. When somebody was given outs, they marched. There was no contr oversy as far as the decorum of the game was concerned. And I was tremendously proud at the display that was given on that occasion. And also, very briefly, I would also like to be associated with the congratulations to Ms. Sylvia Smith on attaining her 100 th birthday. And as the Ho nourable Member said, hopefully we will see her again. [Timer beeps ]
The SpeakerThe SpeakerThank you, Honourable Member.
Mrs. Patricia J. Gordon -PamplinThank you.
The SpeakerThe SpeakerWe now recognise the Honourable Member De Silva. Honourable Member. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I do not want to give Somerset too many congratulations.
The SpeakerThe SpeakerThey will take them all. They will take them all. Hon. Zane J. S. De Silva: I can give them some more, Mr. Speaker? Okay. Let me give them some more congratulations, Mr. Speaker. Two- to-one was awesome. And I would like to say that it was certainly a little …
They will take them all. They will take them all.
Hon. Zane J. S. De Silva: I can give them some more, Mr. Speaker? Okay. Let me give them some more congratulations, Mr. Speaker. Two- to-one was awesome. And I would like to say that it was certainly a little bit more pleasurable for me probably than most, because I was in Europe. A nd I was listening to it on the radio the whole time, Mr. Speaker. What a pleasure it was! So, they gave me a very good feeling whilst I was abroad. My very first Cup Match miss held in Somerset. So, they did themselves proud and I am proud of them. But, Mr. Speaker, I would like to ask the House to send congratulations to Mr. Walter Seymour, who is from Sunnyside Park. He turned 99 years old this week, Mr. Speaker.
[Inaudible interjections]
Hon. Zane J. S. De Silva: And I congratulate . . . I see hands coming up. Scott Simmons, Minister Weeks, Neville Tyrrell, Lovitta Foggo, Wayne Furbert —
The SpeakerThe SpeakerYou can do the whole House. Do the whole House. Hon. Zane J. S. De Silva: The whole House, the whole House, the whole House, Mr. Speaker. Mr. Seymour has reached that milestone. He has one more to go before he hits his century, Mr. Speaker. So I would just …
You can do the whole House. Do the whole House. Hon. Zane J. S. De Silva: The whole House, the whole House, the whole House, Mr. Speaker. Mr. Seymour has reached that milestone. He has one more to go before he hits his century, Mr. Speaker. So I would just like to say a big happy birthday to him. And whilst I am on my feet, I would like to thank his family for giving him all of the support over the years, and in particular the last few years, Mr. Speaker. He has slowed down a little bit, but he still has his wits about him. I spoke to him a couple of months ago. And he still has his wits about him, very much so. So, thank you, Mr. Speaker. And thanks to his family.
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Bermuda House of Assembly The Speaker: We now recognise the Honourable Government Whip. Honourable Whip, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. First and foremost , I would like to be assoc iated with the condolences of my constituent, Taylor Grier, from 26 Glenwood Park Crescent in constituency 24. The brief interaction that I had with Mr. Grier was where I did not know him well enough to …
Thank you, Mr. Speaker. First and foremost , I would like to be assoc iated with the condolences of my constituent, Taylor Grier, from 26 Glenwood Park Crescent in constituency 24. The brief interaction that I had with Mr. Grier was where I did not know him well enough to know that he was, I would s ay, for all intents and purposes , a professional dancer. And so, he had gotten the conversation to go down that dancing vein to where we ended up having somewhat of a dance- off in my constituency.
Mr. W. Lawrence ScottI came in second. I came in second. Just like St. George’s on Cup Match, I came in second. [Laughter]
Mr. W. Lawrence ScottAnd so, I would just like to be associated with those condolences. Also, I would like to be associated, and I understand why the Honourable Minister Weeks did not associate just me by name, as I put up my hand for Rickai Binns, Brother Rickai Binns. He is a member …
And so, I would just like to be associated with those condolences. Also, I would like to be associated, and I understand why the Honourable Minister Weeks did not associate just me by name, as I put up my hand for Rickai Binns, Brother Rickai Binns. He is a member of the Alpha Phi Alpha Fraternity, Incorporated. And I understand that Minister Weeks would not want to associate me publicly because it seems as though the Alphas are now dominating the sporting world, as we now hold the cup or the shield in the Alpha ver sus Kappa annual football match, in which I was a goalkeeper, as well. [Laughter]
Mr. W. Lawrence ScottSo, I just want to let them know. And we have had numerous A lphas score on the Kappas —Anthony Davis, who put one in the upright, right in the pigeon, Mr. Speaker, or Jonathan Ball. But anyway, that is how we scored. But the thing is I think that …
So, I just want to let them know. And we have had numerous A lphas score on the Kappas —Anthony Davis, who put one in the upright, right in the pigeon, Mr. Speaker, or Jonathan Ball. But anyway, that is how we scored. But the thing is I think that the Kappas deserve a good- participation ribbon, just like St. George’s does for Cup Match.
[Laughter]
Mr. W. Lawrence ScottI remember in sports days, i f you were not there in the beginning or up there on the podium, you were able to get a little participation ri bbon, a little red ribbon with the gold writing. [Laughter]
Mr. W. Lawrence ScottAnd I think that we can give that to the St. George’s team , as I am a Somerset supporter.
An Hon. Member An Hon. MemberA red -and-blue one!
Mr. W. Lawrence ScottYes, a red- and-blue partic ipation ribbon I think should go out. And with that, I will take my seat. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Hono urable Member. I recognise the Honourable Member, Mr. S imons. Honourable Member Cole Simons, you have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, I rise today to join the Bermuda Union of Teachers in celebrating the 150 th anniversary of the birth of Ms. Adele Tucker. Ms. Adele Tucker, MBE, was one of the founding members of the Bermuda Union of Teachers. She, along with Rufus Stovell, …
Thank you, Mr. Speaker. Mr. Speaker, I rise today to join the Bermuda Union of Teachers in celebrating the 150 th anniversary of the birth of Ms. Adele Tucker. Ms. Adele Tucker, MBE, was one of the founding members of the Bermuda Union of Teachers. She, along with Rufus Stovell, and Matilda and Edith Crawford, started the union to address the grievances of the teaching pr ofession, especially for the black teachers. She lived in a different time, a different era. But she was a teacher of all teachers. Fortunately, and interestingly enough, she was from Warwick. And she and I share the same birthday, Mr. Speaker, which is August 8th.
An Hon. Member An Hon. MemberYou are 15 0? [Laughter]
Mr. N. H. Cole SimonsMr. Speaker, I would like to take us back in history. I read her biography. And she actually started her training in 1892 at the AME Church School Collegiate Institute. That AME Church set up the school as a high school to train teachers. And in fact, in t hose …
Mr. Speaker, I would like to take us back in history. I read her biography. And she actually started her training in 1892 at the AME Church School Collegiate Institute. That AME Church set up the school as a high school to train teachers. And in fact, in t hose days, there were no government schools. They were all privately held in one room, Mr. Speaker. Mr. Speaker, she taught many a people, Martin Wilson, Mr. George Simons —he was the first black Bermudian police officer. As I said, Martin Wi lson was invol ved in the union, and I think he may have been a Member of this House, Martin Wilson, way back then. He was the Ambassador of Warwick; that is for sure.
Mr. N. H. Cole SimonsMr. Speaker, you could see her riding to school on a push- bike. And many a day she would ride to school with a fork hoe to teach the children gardening and agriculture. She also raised Bermuda House of Assembly money for cricket uniforms, dancing and netball and swings for …
Mr. Speaker, you could see her riding to school on a push- bike. And many a day she would ride to school with a fork hoe to teach the children gardening and agriculture. She also raised
Bermuda House of Assembly money for cricket uniforms, dancing and netball and swings for the students so they could be fit and have some exercise. She taught at Paget Glebe for 30 years. And, as I said, she was a woman of vision. In addition, when she retired at 65, in 1934, she cried. She said, My life is finished. But her life was not fi nished. She went on to be a member of the Berkeley Educational Societ y. And she was one of the first women to join that society in her day. She was one of the first women to break the glass ceiling in regard to opportunities in senior management at the society level. She was President of the Cottage Hospital Nursing Home A uxiliary for 12 years. So, she had a social conscience. She also led the Heron Bay Girl Guide Company.
[Timer beeps ]
The SpeakerThe SpeakerThank you, Honourable Member. I appreciate those comments.
Mr. N. H. Cole SimonsAnd we salute her for her contribution, a nd we want to make sure that she is not forgotten.
The SpeakerThe SpeakerThank you. We recognise the Deputy Speaker. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks concerning Bermuda’s f irst union, the Bermuda Union of Teachers, which was formed in 1919 by Ms. Tucker, the Crawford sisters , …
Thank you. We recognise the Deputy Speaker. Deputy. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks concerning Bermuda’s f irst union, the Bermuda Union of Teachers, which was formed in 1919 by Ms. Tucker, the Crawford sisters , and Reve rend Rufus Stovell from the AME Church. Also, Mr. Speaker, I would like to be associated with the r emarks concerning Taylor Grier, who was the nephew of one of our former legislators, George Scott, who is also the Chief Organiser of the Bermuda Industrial Union. Mr. Speaker, I would like for this House to send out condolences to the family of Ms. Glenda Woods, who was funeralised this week. And she leaves to mourn her children, Rhonda Woods -Smith, Craig Woods , and Dr. Wendy Woods. Mr. Speaker, I would also like to be associated with the remarks concerning Ang elita Dill being called to the B ar at 50- plus years of age. Ms. Dill comes from a famous Hamilton Parish family located out there in the Holy Land. Her uncle was a former legislator here, Mr. Arthur Hodgson [who was the brother of] Dr. Eva Hodgson, who is well known to all—I do not even have to say —but also the daughter of Ms. Grace Swan. I w ish her well in her future practice. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Deputy. Now I recognise the Honourable Member from constituency 25. Honourable Member Dickinson, you have the floor.
Mr. Curtis DickinsonI would like to have the House send condolences to the family of the late George Morrison Ratteray, who passed away last Saturday, August the 4 th. Mr. Ratteray was a long- time resident of Cooks Hill Road. He was married to Reba Rose Ratteray, my father’s oldest sister. They …
I would like to have the House send condolences to the family of the late George Morrison Ratteray, who passed away last Saturday, August the 4 th. Mr. Ratteray was a long- time resident of Cooks Hill Road. He was married to Reba Rose Ratteray, my father’s oldest sister. They were married for 65 years, and that union produced eight children — four sons and four daughters. My Uncle George was a lifelong employee of Burland, Conyers and Marirea before it became BCM McAlpine Ltd. He rose to be a director of the company. He ran the mill shop. And his work can probably be found in many homes around Bermuda. He was an excellent master carpenter. He will be remembered for being a quiet man who was very, very dedicated to his family. And he will be sadly missed. I would like to ask that my comments be associated with the Honourable Minister Kim Wilson, who is the MP for the area. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Honourable Member, Mr. Ty rrell. Honourable Member Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you, Mr. Speaker. Good morning. Mr. Speaker, I want to start off on a sad note and ask if the House could send a lett er of condolences to the family of a former constituent of mine, Oct avia Bean [Powell] . Ms. Bean was very, very well liked …
Thank you, Mr. Speaker. Good morning. Mr. Speaker, I want to start off on a sad note and ask if the House could send a lett er of condolences to the family of a former constituent of mine, Oct avia Bean [Powell] . Ms. Bean was very, very well liked in the constituency. In fact, she is the aunt of my right - hand canvasser, Tariq Bean . And she will be sorely missed. I also would li ke the House to send a letter of condolences to the family of Mr. Russell Knight. He was the husband of Mrs. Denise Trew -Knight. And he will be sadly missed. And I have been asked to ass ociate the Premier, and I see the hand of the Honour able Member Gordon- Pamplin, as well, and Renee Ming. (My apologies —I could not see that far, St. George’s.) Mr. Speaker, I have to associate myself with the congratulations sent to a very good friend of mine, Angelita Di ll. Ms. Dill was called to the B ar recently, as has al ready been said. But she and I were working colleagues at a former telecommunications company, and we had many good times together. She was very industrious, and I could see why she has even pushed herself at this stage of her life. When many of us will be looking to look for retirement, she is going into an3030 10 August 2018 Official Hansard Report
Bermuda House of Assembly other career. So, I certainly want congratulations to be sent to her. I would also like congratulations to be sent to Mrs. Dayla Burgess. She was selected as the [2018 ] Duperreault Fellow very recently. She is a very talented young lady , and I wish her well in her career. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Honourable Member Pearman. Honourable Member Pearman, you have the floor.
Mr. Scott PearmanThank you, Mr. Speaker. Let me associate myself with the remarks of condolences offered this morning by the Premier and the remarks of congratulations offered this morning by Mr. Weeks, the Minister for Social Development and Sport. I am a Somerset f an, and let me offer congrat ulations to …
Thank you, Mr. Speaker. Let me associate myself with the remarks of condolences offered this morning by the Premier and the remarks of congratulations offered this morning by Mr. Weeks, the Minister for Social Development and Sport. I am a Somerset f an, and let me offer congrat ulations to both the winning and the losing teams. On another note, Mr. Speaker, the House may be aware, or many Members of the House may be aware , that on the beginning of this month, the 1 st of August, the Curator of the Natural History Museum at the Bermuda Aquarium, Museum and Zoo retired. Ms. Lisa Greene has retired. She has retired, Mr. Speaker, after working for the Bermuda Government for 12,890 days, which equates to 35 years, three months and 15 days. Mr. Speaker, if you will permit me just to read a very brief snippet from the announcement, “Ms. Greene was responsible for assembling an exhaustive collection of plants and animals, the Library of Berm uda’s Natural History Museum, working tirelessly with many visiting scientists and students to collect and catalogue our natural world. Of course, she did so for the benefit of all of Bermuda’s children. She was constructing the exhibits of the Natural Museum to tell exceptional stories and educate Bermudians and our visitors about Bermuda’s geology, our intriguing fos-sils, and the character and diversity of our natural habitats and endemic spaces. They also, importantly, focused on the human impacts of Bermuda, hoping to inspire c hange for f uture generations.” Mr. Speaker, it is people like Ms. Greene who give so very much to our Island, asking so very little in return. And I thank her, and I am sure the House will thank her for 12,890 days of service to the Gover nment of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Honourable Minister Caines. You have the floor. Hon. Wayne Caines: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Wayne Caines: Mr. Speaker, I rise to associate myself with the condolences for Mr. Taylor Grier. Mr. Speaker, I was, as the Minister . . . On the night of the incident, I went to the hospital to give support to the family. When you get the call …
Yes. Hon. Wayne Caines: Mr. Speaker, I rise to associate myself with the condolences for Mr. Taylor Grier. Mr. Speaker, I was, as the Minister . . . On the night of the incident, I went to the hospital to give support to the family. When you get the call initially, it is oftentimes very difficult in a country that uses nicknames to act ually put the actual face to the official name. When I went to the hospital, Mr. Speaker, and I saw the fam ily, it was indeed a sad experience to know that I knew his mother. She has worked at the post office for a number of years. To see the family assembled— and as a community, we oftentimes do not realise the si gnificance of the loss of a loved one. And I would like again to remind our community, Mr. Speaker, that this is the 36 th death that we have had as a result of gangand gun- relate d violence since 2008. This is the 36th family that will have to bury a loved one needlessly, Mr. Speaker. At four o’clock today, the friends and family of “Taylor Made” will assemble at the St. Paul AME Church to bereave the loss of a loved one. Mr. Spea ker, Taylor Made was a leader. He had a dance troupe called the Bermuda Squad. If anybody knows anything about the Bermuda Squad, these were young men from the ages of 12, teenagers right up to the age of 7 [sic] years old. And he and another friend used t his dance troupe in areas of Bermuda where young men did not have mentors, young men did not have the opportunity. I remember the last time we met, it was May 24 th. And we were at the official viewing post, and he came and grabbed me out of the crowd. And he danced with me, and I reluctantly did so. And I reflect on what he and his dance troupe, the light that he brought to many men. Very often, young men are moved away from dance, as it seemed as an endea vour for young women. And he made in our community, in the less -fortunate communities in Bermuda, an o pportunity for young men to express themselves through dance. He will be missed in our community. He will be missed amongst his family and friends. And I ask again, Mr. Speaker, that that note be sent and given to his family. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. I recognise the Honourable Member from constituency 32. Honourable Member Simmons, you have the floor.
Mr. Scott SimmonsI ask that I be associated with the condolences and also the congratulations that have been sent out thus far. Mr. Speaker, most notably, I ask that I be associated with the congratulations being sent to Ms. Bermuda House of Assembly Winifred Childs on her 1 05th birthday, who resides …
I ask that I be associated with the condolences and also the congratulations that have been sent out thus far. Mr. Speaker, most notably, I ask that I be associated with the congratulations being sent to Ms.
Bermuda House of Assembly Winifred Childs on her 1 05th birthday, who resides at Westmeath Residential & Nursing Care Home, and was an alumnus of the Whitney Institute. Significant years, a significant life, and we remember them today. Mr. Speaker, also, I would like to be associated with the condolences that were sent for Ms. Oct avia Bean Powell, as it relates to her passing. And I would like to send out my deepest condolences to her family. Mr. Speaker, it is a wonderful, wonderful group who resides as a family almost, who resides up at Dr. Cann Park, seniors home, a seniors facility. And as the MP of the area, I have grown in great affection for the residents. And it is indeed my pleasure to serve them. And having met so many of them, you realise that they are significant. They ha ve made si gnificant contributions to Bermuda. And when one is lost, it has an impact on the facility. So, my heart goes out to them. The heart of this party goes out to them, of this Parliament goes out to them. And know that we honour and respect them, and that they are in our prayers today, both the residents who live there and the family of the deceased. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Honourable Member Swan, from the East End. Honourabl e Member Swan, you have the floor.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, in the spirit of gnashing- of-teeth and all that is associated, I was on hand when the Somerset motorcade came the next day, on the Saturday, to St. George’s Cricket Club, along with my colleague, MP Renee Ming, to congratulate those who were out …
Thank you, Mr. Speaker. Mr. Speaker, in the spirit of gnashing- of-teeth and all that is associated, I was on hand when the Somerset motorcade came the next day, on the Saturday, to St. George’s Cricket Club, along with my colleague, MP Renee Ming, to congratulate those who were out there celebrating on a well -fought victory. I am humbled. If my voice does not indicate it, I will r eveal it. In the spirit of the mood, there are a number of condolences that I wish I had an extra three minutes to give. But I will go through them. I would like to be associated with the condolences to the family of Mr. Russell Knight. I would like to recognise the pas sing of my cousin, Mr. Floyd Postlethwaite, Mr. Agnel Borgesson, my cousin George Ratteray. I would like to recognise the passing of Ms. Naomi Harris from a very celebrated Saltus family, the sister of Cousin Faye Wilkinson and Mr. Howard Saltus and many others. My good friend, Kenny Simmons, the lat e Kenneth Simmons, and many other siblings both here and abroad. Mr. Gary Limey Crofton, my dear friend—I attended part of the service yesterday at the grav eside, I was able to make it —passed away, much to my regret. Ms. Madeline Marie Carter, from Slip [P oint Lane,] the beloved wife of Clay Carter, there in the Wainwright family, mourned today. The family of Mr. Barrett Greene —the Ho nourable Member, Mr. Pearman, mentioned congrat u-lations upon the retirement of Ms. Lisa Greene. But I would also, whilst bei ng associated with that, like to recognise that her brother, Mr. Barrett Greene, only recently just passed away. Condolences to that family as well. I would like to be associated with the congra tulations offered to my stepsister, Angelita Dill, on b eing ca lled to the Bar —a very great speech she gave on that occasion. And also, Mr. Speaker, I would like for a letter sent to Mr. Mikus Ming, who finished se venth in the Optimist Junior Championship of Golf in Palm Beach, Florida, out of 140 juniors from around the world, a feat that is outstanding for this 18- yearold, who convinced his parents to send him away at age 13 to go to school for such. Do I have any time left, Mr. Speaker?
The SpeakerThe SpeakerYou are getting it close. You have got about . . . Well, it is almost about that time.
The SpeakerThe SpeakerYou can hear the bells going. The bell is done.
Mr. Hubert (Kim) E. SwanThat seems like what happened at Cup Match. We ran out of time. [Laughter]
The SpeakerThe SpeakerIt is a St. George’s thing, eh? [Laughter and inaudible interjections ]
The SpeakerThe SpeakerWe will now recognise the Honourable Member from constituency 4. Honourable Member Furbert, you have the floor.
Mrs. Tinee FurbertThank you, Mr. Speaker. Mr. Speaker, I would like to acknowledge two businesses in our community. We should acknowledge businesses more often because they add to our economic growth. They provide emplo yment opportunities for Bermudians. And they also provide services within our community. And so, firstly, I would like …
Thank you, Mr. Speaker. Mr. Speaker, I would like to acknowledge two businesses in our community. We should acknowledge businesses more often because they add to our economic growth. They provide emplo yment opportunities for Bermudians. And they also provide services within our community. And so, firstly, I would like to send congratulations out —sadly, but they seem very happy about it. And that is to Ms. Gri ffiths and her staff of Yellow Roses Rest Home. And I am sure MP Foggo would like to be associated with that. They closed their doors. The residential facility is a facility that provided services to seniors in our community. And Ms. Griffiths is such a hard worker. I watched as she assisted with her gardening. I watched as she assisted with building up her property to provide a service and a facility for our seniors in the community. So, congratulations to Ms. Griffiths and 3032 10 August 2018 Official Hansard Report
Bermuda House of Assembly her staff for providing our community with a service that is great. I would also just like to acknowledge Bermuda Life Centre, which is Bermuda’s first private dialysis unit offering haemodialysis and peritoneal dialysis. They are celebrating their first year as a business u nder the medical direction of Dr. Lynette Thomas, who is a Bermudian nephrologist , also under the clinical management of Jill Caines and nur ses Lorna Fox, Hugh Murray, and Rhea James St. Mart [PHONETIC]. They help our community, Bermudians and tourists alike, with providing a service in the area in which people encounter kidney failure. And they have been able to receive life- preserving dialys is treatment here on Island. So it is a much- needed service in a stateof-the-art facility. I had the opportunity, myself, to visit this facility and see all of the great equipment that they have available to our community. The staff also includes a biomedical technician, Ms. Jan Conn; and water plant technician, Mr. Dayton Walton; and a di etician, Ms. Jessica Wade; and also a medical social worker, Ms. Beverly Trott; and an office administrator, Ms. Carmen Roberts [PHONETIC]. So, providing jobs for Bermudi ans again, providing economic growth for our community, and congratulations to both of these businesses. Because anyone who has a business knows that a lot of work goes into making a business thrive. So, sending out congratulations to them today. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. We now recognise the Honourable Member from constituency 1.
The SpeakerThe SpeakerHow is Ms. Ming this morning?
Mrs. Renee MingI start my notes today on a sad note. I already asked to be associated with the family of Mr. Russell Knight, Sr. But I also would like to note condolences for the family of Keith [Angelo Trott]. Keith’s father, [Keith Zuill], happens to live in my co nstituency and …
I start my notes today on a sad note. I already asked to be associated with the family of Mr. Russell Knight, Sr. But I also would like to note condolences for the family of Keith [Angelo Trott]. Keith’s father, [Keith Zuill], happens to live in my co nstituency and is actively involved, even as a senior. And I just want him to know that he is in our thoughts and prayers. Mr. Speaker, I would also l ike to send a congratulatory note to Ms. Dorothy Caisey , who celebrated her 90 th birthday on Wednesday. And I would associate MP Lovitta Foggo with that. I would also like to send congratulations to the Somerset Cricket Club on their victory —
Mrs. Renee MingI am also sending congratulations to St. George’s Cricket Club, because Somerset cannot play themselves, so they had to play someone, and that happened to be us. As my Facebook post said, Mr. Speaker, Not the result I had hoped, prayed for, or even wanted. But, in any event, it …
I am also sending congratulations to St. George’s Cricket Club, because Somerset cannot play themselves, so they had to play someone, and that happened to be us. As my Facebook post said, Mr. Speaker, Not the result I had hoped, prayed for, or even wanted. But, in any event, it was a result. And we were happy with that. I enjoyed my time at the field. Your Somerset supporters were very . . .
The SpeakerThe SpeakerHospitable. Yes, we always are.
Mrs. Renee MingAlthough they did tie some redand-blue ribbon on me and harassed me a little bit. But they made sure that I was liquefied and had food even —if I wanted to sit in their camp, even though we had a lot of blue- and-red in it. So, the spirit of …
Although they did tie some redand-blue ribbon on me and harassed me a little bit. But they made sure that I was liquefied and had food even —if I wanted to sit in their camp, even though we had a lot of blue- and-red in it. So, the spirit of the hol iday was not ignored, Mr. Speaker. I had a really good time. And like I said, not the result I hoped, prayed or wanted. But I want to also acknowledge Mr. Onias Bascome and Mr. Allan Douglas. Onias Bascome truly did hold it down for us. I think that we may . . . I do not know what the result would have looked like. But I will just say I was grateful for Onias Bascome on that day.
[Laughter]
Mrs. Renee MingAnd to Allan Douglas for bringing the vigour that he brings to the game. And I want to just say thank you to the clubs , because Cup Match is a lot of work. Having been an executive for St. George’s Cricket Club, I know what it entails. It is …
And to Allan Douglas for bringing the vigour that he brings to the game. And I want to just say thank you to the clubs , because Cup Match is a lot of work. Having been an executive for St. George’s Cricket Club, I know what it entails. It is a lot of work. It is a lot of long hours. And people come for two days, and sometimes they do not know, or maybe they do not even appreciate how much time and energy goes into it. So, I would like to thank both clubs, because they do collaborative w ork together to ensure that when we come, we have a good time, that we are safe and that we have excellent viewing spots to sit in. So, on that note, Mr. Speaker, I congratulate the Somerset Cricket Club, their fans, their supporters and their team. And I will close by saying I know next year I will have a different saying when we come
B ermuda House of Assembly back, and I will say, St. George’s are the 2019 Cup Match champions!
The SpeakerThe SpeakerWell . . . Well . . . Well. [ Inaudible interjections]
The SpeakerThe SpeakerThe Member from [constituency] 36. Hon. Michael J. Scott: I am grateful to the —
An Hon. Member An Hon. MemberLet us praise the Eternal! [ Laughter] Hon. Michael J. Scott: I am grateful to my friend, Colonel Burch, and to you, Mr. Speaker, for recognising me.
The SpeakerThe SpeakerGood. Hon. Michael J. Scott: Starting with the condolences first, I think protocol would require that we honour those who have left us. And I do so by asking the House to associate my condolences with the family of, certainly, Mr. Floyd Postlethwaite, his wife Carol (formerly Carol Bassett), and …
Good. Hon. Michael J. Scott: Starting with the condolences first, I think protocol would require that we honour those who have left us. And I do so by asking the House to associate my condolences with the family of, certainly, Mr. Floyd Postlethwaite, his wife Carol (formerly Carol Bassett), and so to the Bassett family, who I know will miss their brother -in-law and member of their family. So, to that family I ask that I be assoc iated with the condolences. And certainly, t o my de ar friend, Ms . Denise Trew -[Knight ], I of fer the condolences b y way of as sociation to her family, to the children of this great, distinguished tennis player and gentleman in his 82nd year. And so, to his child, Charmaine— [Inaudible interjection] Hon. Michael J. Scott: Say again? Hon. Derrick V. Burgess, Sr.: He was a soccer pla yer, as well. Hon. Michael J. Scott: A soccer player, as well, I am told by the Deputy Speaker, and football player. That is why he looked so well. He had a distinguished sporting career, and it showed even in his 82 years that he wore on very well. So, to Vanessa and Charmaine, and to Russell, Jr., and Valisa, and to Racquel, the condolences are extended. Like my dear colleague of this House, the Honourable Member, Ms. Renee Ming, I want to rec-ognise that, of c ourse, yes, we honour the hard work put in by the organisers of the Somerset Cricket Club for hosting the 2018 Cup Match Classics. And so, to President Vashon O. Blanchette and his team, and as I understand it, as Ms. Ming has indicated, the Pres ident of St. George’s [Cricket Club] coordinates. But the team that worked in Somerset to just organise and make a hosting for us pleasant . . . Mr. Speaker, I got there both days a ten o’clock, and I sat through to the very bitter end. I was concerned as Mr. Bascome sat there making 100 rounds. I was worried that things might not go the way they did. But I was so pleased to be able to rise when all of Somerset rose, to take that splendid victory. So, Mr. Speaker, I want to commend, therefore, the Captain, Mr. DeSilva, and his noble army of 10 other men who are the cousin of the Honourable Member for constituency 29, Mr. Zane De Silva. Well done! Well done, Jordan. And so, Mr. Speaker, it was a great day and I am grateful for this opportunity. [ Timer beeps] The Spe aker: Thank you, Honourable Member. I now recognise the Honourable Minister for Works. Honourable Minister of Works.
Lt. Col. Hon. David A. BurchMr. Speaker, I will start with being associated with the congratulations for Somerset Cricket Club, and in condolences for St. George’s Cricket Club. I note that the last speaker who spoke on the other side is wearing red today, red and blue today.
Lt. Col. Hon. David A. BurchMr. Speaker, on a sadder note, I would also like to be associated with the condolences to [the family] of Taylor Grier. I had the privilege of knowing him, as well, and assisting him and his group in the unique activity that they participated in as leaders of the Bermuda …
Mr. Speaker, on a sadder note, I would also like to be associated with the condolences to [the family] of Taylor Grier. I had the privilege of knowing him, as well, and assisting him and his group in the unique activity that they participated in as leaders of the Bermuda Squad. Mr. Speaker, finally, I would like to send co ngratulations to Robert Somner, who is retiring from the Ministry of Public Works. And I think every time I have stood to give congratulations for retirement this year, it is always in t he 30- year bracket.
Lt. Col. Hon. David A. BurchAnd I say to them the same thing that, you know, we have difficulty these days with people staying in a job for 30 days, let alone 30 years. And in his case, it is 32 years. He started at what some in this House probably will not even know …
And I say to them the same thing that, you know, we have difficulty these days with people staying in a job for 30 days, let alone 30 years. And in his case, it is 32 years. He started at what some in this House probably will not even know what I am going to refer to, the old polarisation plant, which existed at Marsh Folly before the introduction of Tynes Bay, and has gone on to serve with distinction. And so, I wi sh him and ask that the House send co n3034 10 August 2018 Official Hansard Report
Bermuda House of Assembly gratulations to him in his retirement after 32 years of incredible service to the Government and people of Bermuda. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Oh, Honourable Minister. Minister Foggo. Hon. Lovitta F. Foggo: Good morning. Thank you, Mr. Speaker. Firstly, let me ask that I be associated with the congratulatory remarks for Ms. Angelita Dill, and of course, for the BUT [Bermuda Union of Teachers]. Being a teacher myself, I cannot not …
Thank you. Oh, Honourable Minister. Minister Foggo.
Hon. Lovitta F. Foggo: Good morning. Thank you, Mr. Speaker. Firstly, let me ask that I be associated with the congratulatory remarks for Ms. Angelita Dill, and of course, for the BUT [Bermuda Union of Teachers]. Being a teacher myself, I cannot not do that. I woul d like to be associated with the condolences for Mr. Clay Carter’s family and the Wainwright family of St. George’s. It is a well -known St. Georgian family, and our hearts are with the family. I would like to also express condolences for the Goater family. The young Ms. Brittany Goater was a student up at CedarBridge. (I believe it was Cedar-Bridge; I am getting a little older.) And I did have the pleasure of teaching her. It was not CedarBridge; it was Berkeley. I cannot remember which school, but I did have the pleasure of teaching her. And it is sad that such a young life has already been lost. I stand on behalf of the Member to my right to say congratulatory remarks, coming out of the Ministry of Social Development and Sport, to martial artist A ndrea McKey, who is one of the 250 martial artists who are considered legends, selected out of the 800 nom inations —to be featured in the American Marshall Arts Alliance book entitled Martial Arts Masters & Pioneers Autobiography Book —by Grand Master Jessie Bowen. Also, I would like to give congratulations to Ms. Shirley Pearman, MBE, the author of Hands On! The Art of Traditional Crafts and Play in Bermuda, whose work has been recognised with an honourable mention in the culture category of the Eric Hoffer Awards. And I would like to associate Minister Wilson with those congratulatory remarks. As a St. Georgian, I would like to offer congratulations to my St. George’s team.
[Laughter]
Hon. Lovitta F. Foggo: And, in particular, to young Onias Bascome, w ho is my great -nephew, and to A llan Douglas.
The SpeakerThe SpeakerYes. Yes. Hon. Lovitta F. Foggo: And I will accept that we were defeated. [Inaudible interjections and laughter ] Hon. Lovitta F. Foggo: I have such a difficult time even acknowledging that, Mr. Speaker! But, noneth e-less, I am a lover of team sports. And on the day of August …
Yes. Yes. Hon. Lovitta F. Foggo: And I will accept that we were defeated. [Inaudible interjections and laughter ]
Hon. Lovitta F. Foggo: I have such a difficult time even acknowledging that, Mr. Speaker! But, noneth e-less, I am a lover of team sports. And on the day of August the 3 rd, the St. Georgian team did play second, while the Somerset team did come first. And so, I will acknowledge t hat victory; however, my heart is still, and my blood bleeds —
The SpeakerThe SpeakerI have not heard you offer congratul ations to them yet, you know! Hon. Lovitta F. Foggo: —blue -and-blue.
The SpeakerThe SpeakerWe thought you were going ahead by congratulating them! [Crosstalk] Hon. Lovitta F. Foggo: And I want all of Bermuda to understand that. [Timer beeps]
The SpeakerThe SpeakerYour time has run out. Just like the time ran out on your team, it ran out on you, too. [Laughter]
The SpeakerThe SpeakerI now recognise the Leader of the O pposition. Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, on that note is where I will start. I too want to say that we were very pleased to see that Somerset pulled it off. And I am like …
I now recognise the Leader of the O pposition. Honourable Member, you have the floor.
Hon. Jeanne J. Atherden: Mr. Speaker, on that note is where I will start. I too want to say that we were very pleased to see that Somerset pulled it off. And I am like some of those other households w here there is a blue- and-blue representative in my household, and we have to sort of say, Better luck next time. But I think it is all about having a good game. And I think everybody was really pleased that that is what happened. Mr. Speaker, while I am t alking about Cup Match, I would like to have congratulations sent to Terry Smith, who organised the second seniors tea. And I am sure the whole House would like to be ass ociated with this.
The SpeakerThe SpeakerYes. Hon. Jeanne J. Atherden: I always find out when I am up there and I see seniors, and you suddenly rea lise that these men and women still have so much life, especially when you got up and saw that the ribbon that was going to be given to …
Yes.
Hon. Jeanne J. Atherden: I always find out when I am up there and I see seniors, and you suddenly rea lise that these men and women still have so much life, especially when you got up and saw that the ribbon that was going to be given to the Miss Somerset Senior. And they got up, and by the time they st art doing their dancing, they had steps that I remembered, and they could still do them like they did when they were young. So it is very important for us to make sure that our seniors are recognised and we do not forget that we would not be here without t hem. So, Mr. Speaker, on that happy note, I would also like to be associated with the remarks for A nBermuda House of Assembly gelita Dill. I remember Angelita a long time ago when we came across each other, you know, when people were first starting to think about politics and what you might do to contribute to the community. And I want to say that I believe that Angelita was someone who could stay focused, and she had a goal and she made sure that she achieved it. So, I wish her much success. On a sad note—and I am glad that I am able to say this now, because it came up, and I do not think I remembered if it happened before—I want to have condolences sent to the family of the late Frances Dismont. I do not remember anybody doing that. Frances Dismont was someone whom I met when I lived down in Smith’s. And she was the sister of Naomi Schroter Simons. And she was one of those ladies who, whenever you met her, she was just very . . . She had a calm demeanour about her. She did lots of things for the community. And I know her family wi ll miss her. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. We now recognise the Honourable Member Commissiong. Honourable Member, you have the floor.
Mr. Rolfe CommissiongThank you, Mr. Speaker. Mr. Speaker, on the second day of Cup Match—
Mr. Rolfe CommissiongI have got to admit I had to leave Somerset Cricket Club. In the afternoon, I just could not take it anymore. [Inaudible interjections]
Mr. Rolfe CommissiongAnd I headed home at around three or four o’clock. But when I got there, I was able to join my wife. And we sat down. My wife is a cousin of Onias Bascome. And we were able to sit down and at least get some small comfort, in the …
And I headed home at around three or four o’clock. But when I got there, I was able to join my wife. And we sat down. My wife is a cousin of Onias Bascome. And we were able to sit down and at least get some small comfort, in the con-text of what happened, the two- to-one, by his performance. Also, Mr. Speaker, I really want to congrat ulate Allan Douglas, Jr., hopefully a future captain of St. George’s. I am not going to hold back from saying that. He won the Safe Hands Award, which I have been associated with, as you know, going back 20 years. He w on the Safe Hands Award for the third time running!
An Hon. Member An Hon. MemberThird?
Mr. Rolfe CommissiongThird time running. Okay? No one has ever done that. And now he ties Janeiro Tucker with having won that distinction, achieved that distinction, three times —but in his case, in succession. Mr. Speaker, the Safe Hands Award celebrates 20 years this year. And I hope it provides us with …
Third time running. Okay? No one has ever done that. And now he ties Janeiro Tucker with having won that distinction, achieved that distinction, three times —but in his case, in succession. Mr. Speaker, the Safe Hands Award celebrates 20 years this year. And I hope it provides us with 20 more. Mr. Speaker, I just want to move on and associate with the condolences extended to the family of Taylor Matthew Grier . We have a former MP in this House right now, Mr. George Scott. Our families have been very close to each other, going on since we were little boys. He is the uncle of the deceased, Mr. Taylor Matthew Grier. And I know that the hearts of his family are he avy today. They have the funeral a little later. Taylor was the son of Charmaine, the baby in the family, the youngest member of Mr. Scott’s family. Mr. Donald Scott, the former Cabinet Secr etary, is also his uncle. Mr. Speaker, if I may just conclude by saying that Mr. Grier was 31 years old. I suspect that those who would have committed that heinous act were probably in the same age group, or maybe even a little younger. Members will know that, going back to 1998, 1999, 2000, I would say this phenomenon of gang formation, gang violence and all of the attendant ills that accompany it had their beginning. If I was an historian who wrote about this chapter in Bermuda’s history, I would certainly start it there. We remember Shaundae Jones, I believe his name was, up at Doc kyard. My point, Mr. Speaker, is that Mr. Grier —and there are other individuals on both sides of the equ ation in this horrible phenomenon—was probably only five or ten years old. And so, while some can speak about personal behaviour and personal choices, my point is that it also speaks to societal failure. And I just hope that we can begin to really arrest this phenom enon by dealing with the underlying causation —
The SpeakerThe SpeakerRemember. This is not motion to adjourn yet. [Timer beeps] The S peaker: But your time just ran out.
The SpeakerThe SpeakerThank you. We now recognise the Honourable Minister of Education. Honourable Minister, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by giving congratulations, and I will probably associate the entire House with this, to the retirement of Canon …
Thank you. We now recognise the Honourable Minister of Education. Honourable Minister, you have the floor.
Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to start by giving congratulations, and I will probably associate the entire House with this, to the retirement of Canon Fran-cis, who retired a few weeks ago.
[Inaudible interjections]
Hon. Diallo V. S. Rabain: Yes, and I associate the entire House with, shall I say, Brother Canon Francis. Mr. Speaker, I would also like to send congratulations to the five of the eight awardees from the 3036 10 August 2018 Official Hansard Report
Bermuda House of Assembly Conyers Dill and Pearman Legal Awards who attend the Berkeley Institute. Berkeley Institute students made up five out of the eight persons who were given awards. I would like to associate myself with comments made for the CAC [ Central American and Caribbean] athletes; for the young man Taylor, who was, unfortunately killed. But I also, Mr. Speaker, w ould like to join everyone else in sending congratulations to Somerset for their comprehensive win.
The SpeakerThe SpeakerYes. Hon. Diallo V. S. Rabain: Comprehensive win on this Cup Match. But I also would like to attach with that congratulations to Flatt’s Vict oria Recreation Club, which won promotion to Premier Division. Mr. Speak-er, this is critically important because, out of the six teams that reside in Premiere …
Yes.
Hon. Diallo V. S. Rabain: Comprehensive win on this Cup Match. But I also would like to attach with that congratulations to Flatt’s Vict oria Recreation Club, which won promotion to Premier Division. Mr. Speak-er, this is critically important because, out of the six teams that reside in Premiere Division now, four of them are Eastern County teams. So, I implore St. George’s to look beyond Wellington Oval and look at all of the teams that are playing in the East. And I know that we can come up with a winning team if we select from all of the players who are down in the East, Mr. Speaker. [Inaudible interjections and laughter ]
Hon. Diallo V . S. Rabain: Anyway, Mr. Speaker. But again, a hearty congratulations to Somerset for their comprehensive two- to-one win. Enjoy it, Somerset! It will not last for long. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. We now recognise t he Honourable Member from constituency 11. Honourable Member.
Mr. Christopher FamousGood morning, Gallery. Good morning, colleagues, and good morning, Bermuda. Condolences to the Goater family. They come from Pond Hill originally. Condolences to the family of Ms. Dolores Williams, of Devonshire; Ms. Florence County Ming, of Devonshire; and my Aunt Naomi Harris, of Pond Hill. I would like to join …
Good morning, Gallery. Good morning, colleagues, and good morning, Bermuda. Condolences to the Goater family. They come from Pond Hill originally. Condolences to the family of Ms. Dolores Williams, of Devonshire; Ms. Florence County Ming, of Devonshire; and my Aunt Naomi Harris, of Pond Hill. I would like to join in congratulations to Canon Francis, of Devonshire Church, my family church, the church of the Clerk. And on a different note, Mr. Speaker, I would like to apologise to this House for getting caught nap-ping. More importantly, I want to say to the people of Bermuda, do not think that we are up here napping all of the time. We are working hard. And at times, we take a break. The Speaker: I addressed the matter this morning. So it has been covered.
Mr. Christopher FamousAll right, Mr. Speaker. But why that happened is that I was dreaming about the Cup going East. [Laughter]
An Hon. Member An Hon. MemberDreaming! Dreaming! [Inaudible interjections]
Mr. Christopher FamousMore importantly, Mr. Speaker, on the day I walked around Cup Match on Friday, and everybody was shouting out, Now you know what it feels like to be an OBA supporter, two- toone! So be it. But I will leave on this note, Mr. Speaker. There are many supporters of …
More importantly, Mr. Speaker, on the day I walked around Cup Match on Friday, and everybody was shouting out, Now you know what it feels like to be an OBA supporter, two- toone! So be it. But I will leave on this note, Mr. Speaker. There are many supporters of both clubs. And supporters should become members, both financial membe rs and active members. This is how we are going to help our clubs to survive and to become what they used to be. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I do believe there was a photo going around with red Somerset flags flying all over your head, at one point. Does any other Member wish to speak? No other Member wishes to speak. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerBefore we move on, I would like to acknowledge that former Member George Scott is in the Gal lery, as was mentioned earlier. Welcome, Member. [Desk thumping]
The SpeakerThe SpeakerAnd again, condolences to you and your entire family on the loss of your nephew. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE Bermuda House of Assembly The Speaker: There are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerThere are three Bills to be introduced this morning. And we will call on Minister Wilson to introduce the first. FIRST READING BERMUDA BAR AMENDMENT ACT 2018 Hon. Kim N. Wilson: Thank you, Mr. Speaker. I am introducing the following Bill for its first reading so that it may be …
There are three Bills to be introduced this morning. And we will call on Minister Wilson to introduce the first.
FIRST READING
BERMUDA BAR AMENDMENT ACT 2018
Hon. Kim N. Wilson: 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 Bermuda Bar Amendment Act 2018.
The SpeakerThe SpeakerMinister Burch. FIRST READING BERMUDA HOUSING AMENDMENT ACT 2018
Lt. Col. Hon. David A. BurchMr. Speaker, I am i ntroducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: the Bermuda Housing Amendment Act 2018.
The SpeakerThe SpeakerThank you. Deputy Premier. FIRST READING ROAD TRAFFIC AMENDMENT AND VALIDATION ACT 2018 Hon. Walter H. Roban: 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: the Road Traffic …
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerThe Orders of the Day. I understand that we are going to try and clear our Orders today. And we are going to start with the first Order today, which is the second reading of the Bermuda Monetary Authority Amendment (No. 2) Act 2018, in the name of the Minister …
The Orders of the Day. I understand that we are going to try and clear our Orders today. And we are going to start with the first Order today, which is the second reading of the Bermuda Monetary Authority Amendment (No. 2) Act 2018, in the name of the Minister of Finance. And the Junior Minister will lead this matter.
Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2018 be now read for the second time.
The SpeakerThe SpeakerContinue. BILL SECOND READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2018 Hon. Wayne L. Furbert: Mr. Speaker, I am presenting this Bill today on behalf of the Premier, the Mini ster of Finance—the Bill, as I said, the Bermuda Mon etary Authority Amendment (No. 2) Act 2018. This Bill …
Continue.
BILL
SECOND READING
BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2018 Hon. Wayne L. Furbert: Mr. Speaker, I am presenting this Bill today on behalf of the Premier, the Mini ster of Finance—the Bill, as I said, the Bermuda Mon etary Authority Amendment (No. 2) Act 2018. This Bill will make amendments to the Schedule of Fees included in the Bermuda Monetary Authority Act 1969, which I will refer to as the “BMA Act.” In particular, the Bill includes proposed amendments to the fees that relate to digital asset businesses. Mr. Speaker, Honourable Members will recall that the Di gital Asset Business Act 2018 set forth a comprehen-sive regulatory regime which will govern digital asset businesses registered in Bermuda. Companies engaged in activities as covered under that Act are r equired to be licensed and supervised by the BMA. In conjunction with the pass age of the Digital Asset Business Act, the existing Schedule of fees in the BMA Act was consequently amended to include new fees for digital asset businesses. Mr. Speaker, shortly after the passage of the Digital Asset Business Act, it was determined that a few changes were required in respect of the formula that will be used by companies licensed under the Act to calculate annual fees to pay to the BMA. Although the amendments are minor in form, they are necessary to ensure correct calculation of the appl icable fees. As this regime is anticipated to become oper ational during the month of September, this amending Bill is being debated in this Honourable House today to ensure timely passage. Mr. Speaker, in closing, I would like to thank the Government and B MA teams for their effort to help 3038 10 August 2018 Official Hansard Report
Bermuda House of Assembly bring this Bill forward, and for their continued efforts in relation to the overall FinTech initiative. Thank you,
Mr. Speaker.
The SpeakerThank you, Junior Minister. Does any other Member wish to speak? We recognise the Leader of the Opposition. Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I appreciate what the Junior Mi nister just said. And I must admit, every time I …
Thank you, Junior Minister. Does any other Member wish to speak? We recognise the Leader of the Opposition. Honourable Member, you have the floor.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I appreciate what the Junior Mi nister just said. And I must admit, every time I looked at it, when I did the calculation, it just seemed like the bottom line was the fee went up and the percentage went down. And I just wondered why. And the results seemed to be the same. So, I just did not know whether there was any reason why this was changed or whether it was to bear it in line with some other fees to make it more applicable.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? No other Member. Junior Minister. Hon. Wayne L. Furbert: Mr. Speaker, just let me ask some technical officer that question so I will clarify it for her. [Pause]
The SpeakerThe SpeakerContinue on, Junior Minister. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I have been told that this is consistent with some other calculations that we have done in the past. But, originally, in the Bill itself, there was something transposed. Something was transposed in the original Bill, …
The SpeakerThe SpeakerThank you. Committee or . . . ? Hon. Wayne L. Furbert: Thank you, Mr. Speaker. I move that the Bill be commi tted.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 12:11 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2018
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Bermuda Monetary Author ity Amendment (No. 2) A ct 2018 . Junior Minister, you have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Chairman. I move clauses 1 and …
The ChairmanChairmanYou would like to move clauses 1 and 2? Hon. Wayne L. Furbert: Yes.
The ChairmanChairmanContinue. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 pr ovides that this Bill be cited as the Bermuda Monetary Authority Amendment (No. 2) Act 2018. Clause 2 amends the Fourth Schedule to the Bermuda Monetary Authority Act 1969 under the heading Digital Asset Business Act 2018. Amendment s being …
Continue. Hon. Wayne L. Furbert: Mr. Chairman, clause 1 pr ovides that this Bill be cited as the Bermuda Monetary Authority Amendment (No. 2) Act 2018. Clause 2 amends the Fourth Schedule to the Bermuda Monetary Authority Act 1969 under the heading Digital Asset Business Act 2018. Amendment s being made are to the formulas in paragraphs 2 and 3 to ensure proper calculation of the fees payable to the BMA (Bermuda Monetary Authority). Paragraph (4) is amended by repealing the current paragraph (4) and submitting a new one, which provides further clarification of the definition for “client receipts” and “estimated client receipts.” The new definitions provide a reference period for determining the amounts to be used in the formula for calculating the appropriate fees to be paid to the BMA in relation to digital asset businesses.
The ChairmanChairmanAny further speakers? There appear to be none. Continue, Minister. Hon. Wayne L. Furbert: Thank you, Mr. Chairman, and thank you, the Opposition. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Any objections to that? There appear to be none. Approved. Continue. Hon. Wayne L. Furbert: Mr. Speaker, I believe I already moved clauses 1 and 2. I move that now the Bill be reported to the House as printed.
The ChairmanChairmanOne second. We have got to approve clauses 1 and 2, first. Hon. Wayne L. Furbert: Oh, I thought we did. Bermuda House of Assembly I move that clauses 1 and 2 should be a pproved.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 and 2 passed.] Hon. Wayne L. Furbert: I move that the Bill be r eported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House. Any objections to that? There appear to be none; the Bill will be r eported to the House. [Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2018 was considered by a Committee of the whole House …
It has been moved that the Bill be reported to the House. Any objections to that? There appear to be none; the Bill will be r eported to the House.
[Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2018 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 12:1 4 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerMembers, are there any objections to the Bermuda Monetary Authority Amendment (No. 2) Act 2018 being reported to the House? No objections; so moved. It has been repor ted. That now brings us to a close of that matter. We now move on to the second item for the day …
Members, are there any objections to the Bermuda Monetary Authority Amendment (No. 2) Act 2018 being reported to the House? No objections; so moved. It has been repor ted. That now brings us to a close of that matter. We now move on to the second item for the day on the Orders, that being the second reading of the Defence (Coast Guard Unit) Amendment Act 2018, in the name of the Minister of National Security. Minister, would you like to bring your matter at this point?
Hon. Wayne Caines: If it pleases you, Mr. Speaker.
The SpeakerThe SpeakerCont inue on. Hon. Wayne Caines: Thank you, sir. BILL SECOND READING DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018 Hon. Wayne Caines: Mr. Speaker, the Bill before the Honourable House is the Defence (Coast Guard Unit) Amendment Act 2018. Honourable Members will r emember discussions surrounding the development of a …
Cont inue on. Hon. Wayne Caines: Thank you, sir.
BILL
SECOND READING
DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018 Hon. Wayne Caines: Mr. Speaker, the Bill before the Honourable House is the Defence (Coast Guard Unit) Amendment Act 2018. Honourable Members will r emember discussions surrounding the development of a coast guard unit within the Royal Bermuda Regiment. And in the 2017 Speech from the Throne, the Government promised that the Royal Bermuda Regiment will assume responsibility for inshore maritime patrolling from the Bermuda Police Service. The Bill lays the framework for another promise kept. Mr. Speaker, the proposal to develop the Re giment coast guard is an enduring one. Successive administrations have floated the idea of strengthening Bermuda’s inshore maritime security through a dedicated full -time coast guard unit. In 2013, the National Security and Defence Review strongly supported the proposal, and some form of the proposal has featured in subsequent Royal Bermuda Regiment Strategic Review’s plans and reviews. Mr. Speaker, traditionally, members of the Royal Bermuda Regiment are assigned to Boat Troop, which provides assistance to the Bermuda Police Service during the busy summer boating season. While these soldiers offer additional manpower , they have not been equipped with the policing powers required to enforce maritime law. The aim of this Bill, in consu ltation with His Excellency the Governor, is to provide members of the Royal Bermuda Regiment with full policing powers when they are att ached to the new coast guard unit and in order to allow the Royal Bermuda Regiment to assume full -time maritime policing responsibilities. Mr. Speaker, as the regiment continues to modernise its security and defence role, the coast guard unit will provide another development opportunity for Royal Bermuda Regiment volunteers. The selection process for members of the coast guard unit is codified in legislation, and it is on par with the crit eria for the Bermuda Police Service. Members of the coast guard unit can be appointed by the Commanding Officer of the Royal Bermuda Regiment following the successful completion of several assessments, including, but not limited to, a recruitment aptitude test, proficiency in deep water, a swim test, a physical fitness tes t, a full medical evaluation, a drug test, and psychological evaluation. Mr. Speaker, those who are selected for the coast guard would undergo specialist training. Various training courses will be provided in conjunction with the United States Coast Guard, the Royal Navy, and the Bermuda Police Service. There have also been training opportunity discussions with the Barbados Defence Force. Soldiers attached to the Bermuda Coast Guard Unit will be trained in basic seamanship, basic coxswain and engineering s tandardisation. Mr. Speaker, the Royal Bermuda Regiment Coast Guard establishment is for 40 full -time me mbers, which will provide a 24- hour rotational shift for quick marine response, within the inshore waters of 3040 10 August 2018 Official Hansard Report
Bermuda House of Assembly Bermuda, on an everyday basis. Shift short ages will be covered by part -time members of the Royal Be rmuda Regiment Marine Unit. Mr. Speaker, the Royal Bermuda Regiment Coast Guard member, having been appointed by the Commanding Officer of the Bermuda Regiment to serve the coast guard unit, shall, w hen performing their duties in the coast guard unit, wear a prescribed uniform which shall include the coast guard unit insignia patch and a warrant number to be displayed in a conspicuous location on the uni-form, and shall be issued and will be issued wit h a warrant card. Mr. Speaker, the Royal Bermuda Regiment [anticipates] assuming full -time maritime policing r esponsibility in the spring of 2019. This timing will allow the coast guard unit to receive the necessary training and certifications before begi nning next year’s summer season. Additionally, the timing aligns with the government’s fiscal year and will allow the Ministry of National Security the opportunity to ensure the necessary funding is in place. Mr. Speaker, the Government continues to look at ways to streamline operations to create value for money. The formation of the new coast guard unit would allow the Bermuda Police Service to redirect officers to other operational policing functions. It should be noted that the cost of operating the coast guard unit within the Bermuda Regiment is projected to be less than the operational cost to operating the current Police Marine Unit. Additionally, there is a scope for the Royal Bermuda Regiment to develop the capability to fully maintain and service m arine vessels in-house, which presents another opportunity for cost savings. Mr. Speaker, it has been estimated that the annual cost to fund the Royal Bermuda Regiment Coast Guard is approximately $1,670,000 per year, or $139,167 per month. The major cost contributed is salaries, at approximately $1 million a year, with a balance targeted for ongoing training, operational, and administrative costs. Mr. Speaker, the development of the coast guard unit will provide a greater sense of security for Bermuda’s maritime area. The new coast guard will ensure safer inshore maritime operations by trade and pleasure craft. Potential benefits for Bermuda are si gnificant and offer enhancements in the areas of mar itime law enforcement, search and rescue, marine r esource protection, border security, and revenue pr otection. Mr. Speaker, I am pleased to commend this Bill to the House for the Members to discuss. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Minister. Does any other Honourable Member wish to speak? We recognise the Honourable Member Cannonier. Honourable Member Cannonier, you have the floor.
Mr. L. Craig CannonierThank you. Thank you, Mr. Speaker. [I am] glad for the briefing that we have gotten from our Minister. I did have a brief chat wit h him earlier today about some of the issues that have come up, concerns —and none of them substantial, of course. But I am …
Thank you. Thank you, Mr. Speaker. [I am] glad for the briefing that we have gotten from our Minister. I did have a brief chat wit h him earlier today about some of the issues that have come up, concerns —and none of them substantial, of course. But I am looking forward, as we go into Committee, to getting some of those questions answered when we are talking about the coast guard unit that is about to be established. I think it is important to note that this has been something that has been oncoming for some years now. And I am glad to see that it is now coming to fruition. There will be some general questions that we will be looking f or when it comes to this here, things like, you know, basically, when are we looking for something like this to be established?—and the likes. But when we start talking about the coast guard unit , I think it is important to note that our waters are continuing to be used by the public more and more and more. I know when I was coming along as a kid, I used to always wonder (down in St. David’s, we were always out in the water) why more people were not enjoying the waters of Bermuda and many of the wonderful t hings that are out there that you can see, and socialising on the water. But with the oncoming of technology, jet boats and jet skis and the like, we are now seeing that more and more people are getting involved and enjoying our waters. And along with that comes the challenge of being able to police our waters. Just over the last holiday itself, we have seen where there is going to be even more of a need, a greater need, to have a higher response time on the waters, to be able to ensure that everyone can be on the waters and conduct themselves in a safe and secure way so that everyone can enjoy themselves. Understanding that on our roads, you have to get a licence to drive, yet on the waters, pretty much just about anyone can get on the waters and drive a boat, basically. And that can be pretty dangerous when you allow someone to be able to go on the w aters, and they do not require a licence. I know some of you question ––and, yeah, you can be 16 and drive—
[Inaudible interjection]
Mr. L. Craig CannonierNo. It is not required to have a licence to drive a boat in Bermuda. Now, one of the interesting things, and it is interesting that even in Bermuda some of us are not aware of that. But, yes. You just have to be 16 in order to be able …
Mr. L. Craig CannonierIf you have over 30 hors epower, that is right. That is right, that is right. Bermuda House of Assembly So, I think that the establishment of this coast guard unit is important. And as we see more and more kinds of vehic les being allowed on the water, the …
If you have over 30 hors epower, that is right. That is right, that is right.
Bermuda House of Assembly So, I think that the establishment of this coast guard unit is important. And as we see more and more kinds of vehic les being allowed on the water, the technology and younger people, of course, enjoying themselves on it, and even older people, and you start socialising and bring alcohol and the likes into the pi cture, we have already seen the results of that. And we continue to see the results of that. So I believe it is timely. And we will find out, I am sure, a little more about the timeliness of when this will actually be established in Bermuda, this actual coast guard unit . What many of us who have been on the w aters, and even some of us who have been to— well, just like this past Cup Match and the America’s Cup and the like that took place in the past, we have seen where the regiment is already out on the water. We have even seen where the police have been working with the regiment in doing exercises on the water. So we know that this has been a process in place over the last couple of years. In fact, for the last probably 10 years there has been this kind of relationship be-tween the two of trying to work together to follow through on our maritime waters. And so, with this, you know, it is going to be interesting how it is organised and how it is pulled all together. And, of course, me not being the substantive Shadow Minister, but I do know quite a bit about it while we were Government and some of the things that we wanted to do. The Cabinet Minutes will show that were moving towards making a decision on this coast guard unit . And I want to thank the substantive Minister, the Honourable Member, for now pushing this fo rward to get this done. It is badly needed upon our waters right now, after having seen over the last couple of years some of the incidences that have taken place. They involve alcohol, they involve firearms and the like. And so, it is with pleasure that I recognise the regiment for its involvement with this here. I also recognise that, at the time when we were Government, I know that the police were having a real challenge with keeping their fleet afloat, actually afloat. The boats that they did have were in terrible condition. Trying to maintain them was a challenge. And so, I am hoping that the substantive Minister will give us an idea of the budget. We really right now have no idea of what this is going to cost. And I also understand that in his briefing that this was inshore — starting out with inshore. And I was not quite sure how that was going to work. If you understand that we have a 200- mile radius of Bermuda waters that are out there. Most of us do not go any farther than ma ybe 20– 25 miles. The real kamikazes of Bermuda go out that far. I have been out that far have seen guys in Boston Whalers. I do not know what they were doing out there in Boston Whalers, 19- foot Boston Whalers.
The SpeakerThe SpeakerYes. [Inaudible interjections] Mr. L. Craig Cannonier: Yes! Unbelievable that they would be out that far in waters in such a small, small boat! Guys fishing, yes. I mean, the fish they are catching are larger than the boat! So, having seen that, it is important that we get a …
Yes. [Inaudible interjections] Mr. L. Craig Cannonier: Yes! Unbelievable that they would be out that far in waters in such a small, small boat! Guys fishing, yes. I mean, the fish they are catching are larger than the boat! So, having seen that, it is important that we get a coast guard unit established so t hat we are manning our waters. And it will be interesting to find out more information about, as we start doing this here, how much of those waters? I mean, the Minister has said this is inshore for now. At what point are we looking at going to the substantive areas of our w aters? We have heard before about other fishing vessels trolling within our waters and the likes, an area of revenue that I believe is there for government if someone violates these things. Our own fishermen have come back talking about the fact that they have seen large vessels from other countries tuna fishing and the like, longline fishing in our waters, within our 200-mile radius. And that is something that, eventua lly, I am hoping that we get some answers to when we are going to star t policing there. Because it is inshore, the initial movement . . . I am not sure what to call it, if it is hybrid yet or what, as we look at inshore. Certainly, there is a need to man our waters within the reef line which we have, because of the many iss ues and the far more [numerous] people who are out on the waters. I was just looking in the paper today where, you know, we have an apology of a young man who just threw bags of trash in the water! And so, we need our waters manned. Our waters are part of our tourism product. And it is also a part of our Bermudians’ pleasure in enjoying our waters, whether you be a commercial fisherman or just want to dive into some crystal clear water. It is important that we have a unit that is capable of manning our waters. And so, as we go into Committee and start looking at some of the things that we would like to be able to understand a little more, I think it will be i mportant to understand more of how the relationship between the Bermuda Police Service and the reg iment will continue through this period. I understand that there is going to be about a year, within a year and a half, Minister, that you were saying of the trai ning, I believe it is, that will take place. And how much of that training is just for inshore? How much of that training is actually for, you know, the 200- mile radius and the like? At what point will we be looking at larger vessels to man the 200- mile radius? Obviously, the smaller boats will work inshore. What kind of vessels are we talking about , knowing that the police service and the vessels that they do have now are inadequate, and the many m echanical issues that they have? What are we looking at to purchase now? What are we looking at that is going to get us to a point whereby we can man our inshore waters well? How much of an outlay of money will be involved with this here? And what kind of 3042 10 August 2018 Official Hansard Report
Bermuda House of Assembly budget are we talking about, initially, in establishing this coast guard ? One of the concerns that we had as a go vernment was that it was going to cost. A nd we wanted to get ourselves into a financial position whereby we actually could afford to do some of the things that we wanted with a coast guard. One of those areas was knowing that the radar system that we have, on a good day, can only detect vessels 70 miles out —I was told, on an average, 50 miles out is what the radar can detect. We also know that there is a huge gap in the radius of Bermuda where that actual radar does not pick up anything at all. And so, we know that this is a challenge and provides opportunity for all kinds of things that could be challenging and are challenging for Bermuda. Because if you are in the know , and you know this area, you essentially could sail into Berm uda without being detected at all. You could just come into Bermuda, drop off, you know, whatever you need to drop off, whether it be lunch or whatever the case may be, and then sail back out without actually being detected at all. And so, it will be interesting to hear how this new unit, under the control of the regiment, will be looking to man this. I understand, through asking some questions, that there will be approximately 14 members who will be trained in this area for the initial outlay of this Coast Guard Unit. One of the questions that . . . I guess I will wait for that question in Committee. But we want to know how they are going to manage. We know right now that at night —I know that at night the police service is not out on the waters at all. So, at night, you know, it is pretty m uch free- for-all unless somebody calls in an emergency or an accident has happened or the likes. Or unless someone says, Well, I see som ething strange going on, there is no presence at all of the service.
The SpeakerThe SpeakerMember, can I ask you to yield at thi s point? And you would like to resume the floor when we get back?
The SpeakerThe SpeakerOkay. Deputy. Hon. Walter H. Roban: Mr. Speaker, I move that we adjourn for lunch and return at 2:00 pm.
The SpeakerThe SpeakerMembers, we stand adjourned for the lunch period. We will resume at 2:00 pm, and the Honourable Member Cannonier will continue his presentation. [Gavel] Proceedings suspended at 12:32 pm Proceedings resumed at 2:04 pm [Hon. Dennis P. Lister, Jr., Speak er, in the Chair] BILL SECOND READING DEFENCE (COAST GUARD …
The SpeakerThe SpeakerGood afternoon, Members. For the benefit of our listening audience, we have just resumed after lunch and we are continuing on the second reading of the Defence (Coast Guard Unit) Amendment Act 2018. The matter was put by the Minister of National Security, Minister Caines, and the Honourable Member Cannonier …
Good afternoon, Members. For the benefit of our listening audience, we have just resumed after lunch and we are continuing on the second reading of the Defence (Coast Guard Unit) Amendment Act 2018. The matter was put by the Minister of National Security, Minister Caines, and the Honourable Member Cannonier from the Oppos ition was on his feet in response. Honourable Member , would you like to co ntinue?
Mr. L. Craig CannonierJust a few more moments, with your indulgence, Mr. Speaker . As we concluded at lunch time I was just about to go into what I consider to be some of the i mportance of having a coast guard unit . And I wanted to tell just, with your indulgence, …
Just a few more moments, with your indulgence, Mr. Speaker . As we concluded at lunch time I was just about to go into what I consider to be some of the i mportance of having a coast guard unit . And I wanted to tell just, with your indulgence, Mr. Speaker , a brief story about myself and on the water, especially down in the East End.
Mr. L. Craig CannonierAnd the importance of knowing Bermuda’s waters and the fact that, quite frankly, you do not need a licence to drive on Bermuda’s w aters like you do on the road. And once I had esta blished myself from having a little childhood dingy there, going out in it, then …
And the importance of knowing Bermuda’s waters and the fact that, quite frankly, you do not need a licence to drive on Bermuda’s w aters like you do on the road. And once I had esta blished myself from having a little childhood dingy there, going out in it, then graduated to a MAKO, a 19foot boat, I remember showing off out there off of the east side of St. David’s, the Head of St. David’s. And you know that the reefs —those of you who know the waters —the reefs are very, very, very close there to the St. David’s coastline. And I had some people in the boat and I was going along and I was telling the story about my grandmother and when s he was young and how she used to say they used to . . . with their parents they used to have a lantern on the head of St. David’s there, but at night -time they sometimes would leave the lantern off when they knew some yachts were coming because it offered them the ability . . . if a yacht could not see exactly where the reef line was,
Bermuda House of Assembly they would basically sink —hit the reef —and all kinds of issues would ensue. But from there, of course, my grandmother was able to get some really nice dres ses. And I can remem ber these stories repeatedly being told over and over and over again about the fact that we were able to take advantage of the fact that people did not know our waters. I would dare say that most Bermudians do not know our waters and the dangers that do l ie within our waters. And invariably, as more people do get out on the water, we are going to see more and more inc idents that will occur, which is why I am glad that the coast guard unit is being instituted. And along with that story, as I was out in my 19-foot MAKO just talking to people about Bermuda’s waters and how well I knew the East End, had not taken the formal nautical course that I should have taken, but just because I grew up knowing the waters and lo and behold as I was talking about the stor y I just told you about looting some of the yachts that came in off of the—
Mr. L. Craig CannonierBut thankfully, just the prop hit the reef —it bent the prop—but it did not do any damage to the boat and I was still able to drive the boat. All that to say, once again, that I believe that at some point in time, Minister, we should get to …
But thankfully, just the prop hit the reef —it bent the prop—but it did not do any damage to the boat and I was still able to drive the boat. All that to say, once again, that I believe that at some point in time, Minister, we should get to the point whereby we may want to require people to take at least some form of a nautical course or some form of a marine course, maritime type, that allows you to understand the waters. I did it. It was offered through the college on a course that you could take in the evening time. My wife and I took it. And what a valua-ble lesson it was to take six weeks of our time just to understand Bermuda waters better. And so with the inclusion of the regiment establishing this coast guard unit , I am sure that this will be part of the training. And I will ask them more questions as we go into Committee about the kinds of training that we should be expecting for this Unit, understanding that it is going to be approximately 14 members. And if I do the calculations, it does make sense that this probably means that we will have a 24hour surveillance of our waters, which, in fact, right now, I can tell you, I know that we do not have 24 - hour surveillance of our waters, other than the radar that is out there, knowing also that there is a massive pocket out there that [our] radar does not cover, understanding that [our] radar only goes out, on the best of days, maybe 70 miles and we have a 200- mile r adius around our waters. And so the estab lishment of the coast guard unit is extremely important to our safety. It is extrem ely important to our security. And, again, I say that I am glad to see this. But one of the areas that I am hoping that this Unit will be able to do something is to put on forums to educate Bermudians more about what they are doing. I know the regiment likes to have these kinds of things where they can educate Bermudians about getting involved. Knowing now that the regiment is fully voluntary this, I hope, will be an incentiv e for some people to get involved. I mean, it is probably, if you like to watch some of the coast guard TV shows, it is pretty exciting stuff that goes on out on the w aters. And so maybe it will entice some of our young men and women to get involved with t his particular type of career as we graduate it from being inshore, of course, and extending out to our 200- mile radius of waters. I also recognise that training will be a huge part of this in getting it established. I want to hear a little more about how much training it will take, and over what period of time that will take place. Also, knowing that while we were Government we were looking to establish some of the things —the US, Canada, and the Brits —all were offering their assistance. And as I was talki ng to the Colonel earlier, he mentioned the fact that when Bermuda wakes up, that they, [those countries], are waiting on us [so they can] give us and help us out in any way that they can. So it will be interesting to see how those relationships have been involved to get to this point that we are today, whether or not we have leveraged off of those rel ationships to help us to get to today’s point where we are debating the Bill. So it would be nice to hear who is involved, whether it is the US, Canada, or th e Brits, in assisting, and how we will use them going forward as we graduate this process. And one of the other things that I will close on, getting to the end of this here—the general debate—for myself, is understanding a little more about the role that the Bermuda Police Service played in getting to this point as well. I know sometimes when you are mixing different departments and the likes, you know, people like to hold onto their territories, and so it will be interesting to hear a little more about ho w we are progressing through that relationship. And, yes, I am not afraid to say that yes, sometimes we have things and we like to hold onto them, but this is about the safety and security of Bermuda as a whole and how we work through those relationships as we go forward. According to the Bill it is pretty broad spectrum . . . the powers that this ––I want to make sure I get it right, and I was going to say defence–– but this Unit, this coast guard unit , will have. It is, according to the Bill, pretty broad i n spectrum, so it will be really inter3044 10 August 2018 Official Hansard Report
Bermuda House of Assembly esting to understand how we are going to balance that relationship between the police and the regiment and who exactly is responsible for what so that, of course, we are not stepping on toes and causing unnecessary angst or squabbles that, in the end of the day, might put our safety and security at risk if we do not get it right. So it will be very interesting to hear what role the Bermuda Police played in getting to this point and how we are going to manage that relati onship as we go forward. There are any number of scenarios that we probably could bring up as to understanding what this Unit will be responsible for, and then how does the police also play in that role, knowing that this Unit will actually have the powers of the police as well. So understanding a little more of that would be helpful. But, again, I want to say thank you to the Mi nister for bringing this to the table. I believe it is a great thing for Bermuda as we go forward, and I leave it to the rest who may want to join into the debate, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . I recognise the Honourable Member from constituency 11. Honourable Member Famous, you have the floor.
Mr. Christopher FamousGood afternoon, Mr. Speaker , and g ood afternoon to the listening public.
Mr. Christopher FamousMr. Speaker , in 1985 I joined the Bermuda Regiment and I look across the room and I see two gentlemen—one gentleman I started with, one gentleman who was in charge and another gentleman who took a break and then came back. So it is very auspicious that they are …
Mr. Speaker , in 1985 I joined the Bermuda Regiment and I look across the room and I see two gentlemen—one gentleman I started with, one gentleman who was in charge and another gentleman who took a break and then came back. So it is very auspicious that they are here today. For the next five years of my life I spent time travelling around the world with the regiment — Canada, America, and a couple Caribbean islands — training courses and, at times, doing hurricane relief. And when you are away doing hurricane relief you are wearing the uniform of the Bermuda Regiment. People have lost their homes; they have lost livelihoods, in some cases lost their lives. And then when they see you step off a C -130 and you are coming to help them, they are so grateful to you, as we saw last year in Turks and Caicos, and in many other relief oper ations. So it filled our hearts with a sense of pride to know that we were able to go people in need and help them out in their lowest hour. So much pride that, at the time, many of us —quite a few of us —wanted to actually join the regiment full -time. But because of . . . whether it was budget or whatever it was . . . the D efence Act at t hat time, there were not . . . there were only so many full -time jobs in the regiment. So you had to stay there part -time and probably repeat your tour. So fast forward to the last five or ten years. We had this raging debate in the community about getting rid of conscription, some people going off on the wild end saying the regiment is bad . . . and I personally took offence to that because I knew my time at the regiment, although you had to do a lot of work, it was positive. We learned man management ski lls, time management skills; we met people we normally would not meet. We even went up to Somerset som etimes.
Mr. Christopher Famous—let us look at it from two points of view. There are those that are opponents to the regiment and then there are those that are proponents to the regiment. The regiment now is faced with transitioning itself from being one where you have got this steady supply of young …
—let us look at it from two points of view. There are those that are opponents to the regiment and then there are those that are proponents to the regiment. The regiment now is faced with transitioning itself from being one where you have got this steady supply of young men and women coming through to now having to actively recruit people to come and want to work in the regiment. So you say, Okay, what jobs do you have available [They ask,] Do you want to cut trees? No. [They ask,] Do you want to go on a boat and rescue people who may be getting lost during Cup Match? Yeah, I think I will do that . So you have this wing now, the Coast Guard. As I went up Somerset looking for the cup, I [came] across this place and it said “Royal Ber muda RegiBermuda House of Assembly ment Coast Guard Headquarters.” It used to be called the Police Barracks up in . . . what do they call that place up there? [Inaudible interjection]
Mr. Christopher FamousYeah, Boaz Island. That place there. And it filled my heart with pride. Do you know why, Mr. Speaker ? Because there are times I go to Jamaica and I go drive around Jamaica and I see Jamaica Defence Force, Moneague Camp; Jamaica Defence Force, Burke Barracks. All around Jamaica …
Yeah, Boaz Island. That place there. And it filled my heart with pride. Do you know why, Mr. Speaker ? Because there are times I go to Jamaica and I go drive around Jamaica and I see Jamaica Defence Force, Moneague Camp; Jamaica Defence Force, Burke Barracks. All around Jamaica there are different bases —Jamaica Defence Force, Air Wing; Jamaica Defence Force, Coast Guard — which brings me to this point, Mr. Speaker . We have a challenge in this country right now —multiple challen ges. One is unemployment. One is young men who lack, for lack of a better term, soft skill sets. One is the need to actually have a role in the regiment. So with this legislation it does not just create jobs, it is actually helping to transition our regiment — and I say that with pride, our regiment —into som ething that can be and will be a career for our young people going forward. Now, is there a long line of people signing up to be in the regiment? I do not know. But what I do know is we have to create an avenue for our people to become fully employed, to learn skill sets that they most likely would have to pay elsewhere to learn, and this seems to be an ideal fit for that. So I say to the people of Bermuda (those who are opponents to the regiment who might be opposed to conscription), do not be opposed to what the reg iment’s role is because it has served th is country (if my calculations are correct) at least 5,000 to 7,000 (mos tly young men) have gone through the regiment over the last 50 years. And it creates a fraternity . . . it has created a fraternity that creates bonds that are lifelong bonds. So wha t I would say to the Minister, the same passion that he puts into FinTech and blockchain, continue to put that into demonstrating the role, the transitionary role of the regiment —of our regiment. Because, Mr. Speaker , every independent Caribbean island tha t I have been to has a defence force and it has a coast guard. We are surrounded by water, like literally, like we have no one else to help us out. When the last hurricane came I saw a C -130, American Coast Guard come over, help us . . . not help us, but just look, right? We need to be able to do these things for ourselves. Am I saying get a C -130? No. But what I am saying is when we expand our marine capabil ities, we will be able to help ourselves. And finally, Mr. Speaker , I see the commander of the regiment in the House. I recognise Lieutenant Colonel Curley. And what I would say to him is, I am not sure what the requirements are, but make sure when jobs become available (or positions) there is not too narrow of an age gap because there are some of us w ho have served in the regiment who would like to come back and assist any way we can. We are not looking for pay. We have pride. So this is what I would encourage the regiment to expand as well. Yes, we want our young people in there, but we want our per-sons who have served already to come back and help us out as well. And I think there was a section for N ational Reserves, if I am not mistaken. So if that can be expanded on through social media or traditional m edia, please do that. So in closing, Mr. Speak er, I commend the Ministry of National Defence for this. I commend the Minister, who himself was or is a Captain . . . might need to shave up a little bit —
[Laughter and inaudible interjection]
Mr. Christopher FamousYes, a bit. I want to commend the Sergeant Major and anyone who served in our regiment. I am not sure if you have. [Inaudible interjection]
The SpeakerThe SpeakerHe went on my behalf. How is that? [Laughter]
Mr. Christopher FamousAnyone who has served in our regiment, I thank you for your service. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . I now recognise the Honourable Member Simons. Honourable Member Simons, you have the floor.
Mr. N. H. Cole SimonsThank you. I will continue where the Honourable Member just left off. I would like to start by thanking the Royal Bermuda Regiment for their yeoman service, for their contribution to Bermuda, and their contribution to developing young Bermudians. They have done a s terling job and I have to …
Thank you. I will continue where the Honourable Member just left off. I would like to start by thanking the Royal Bermuda Regiment for their yeoman service, for their contribution to Bermuda, and their contribution to developing young Bermudians. They have done a s terling job and I have to admit I was disappointed when we got rid of conscription, but it is what it is. And I am hoping that the sustainability level of the past continues under this new regime, Mr. Speaker . Mr. Speaker , I want to pick up a point that w as made by my colleague and the Minister. And that i ssue is training and countries that are willing to help us. The Minister indicated that the US Coast Guard and Barbados Defence Force are willing to provide support. I would invite the Minister to also lo ok at Canada. We have a friend, the Minister of Intergovernmental Affairs and the Coast Guard. His name is Mr. Dominic LeBlanc. He is a friend of Bermuda. He met with me and we signed the Hamilton Declaration together for 3046 10 August 2018 Official Hansard Report
Bermuda House of Assembly the Sargasso Sea Alliance. And he indicated his wil lingness to work with us in regard to developing and supporting the coast guard , and that he would be pr epared to lend support from the Canadian Coast Guard in this endeavour. He was here in Bermuda in May for the Ocean Risk Conference and he reiterated his support for Bermuda and helping wherever he can. So I would invite the Minister and his team to consider contacting Minister Dominic LeBlanc in Canada to see what type of alliance he can provide Bermuda in this endeavour. Generally, as I said, I am very, very suppor tive of this arm of the defence force—having a Coast Guard Unit. It provides opportunities for a career, opportunities for an exciting career for our young people, and it allows them to give back to the community at the same t ime, Mr. Speaker . Mr. Speaker , I would also like for the Minister and his team to consider not only looking at the issues in regard to the mandate and the functions . . . and I will read, it says the “coast guard unit person, while serving on the coast gu ard unit, shall —(a) enforce the provisions of every law relating to . . . (ii) quarantine; (iii) immigration; (iv) fisheries; (v) safety at sea; (b) detect and prevent contravention,” et cetera. I would suggest that we also look at the env ironmental side when it comes to protection. We have a delicate balance and we believe that our marine r esources are a sterling asset to Bermuda’s value and its tourism proposition. And as a consequence I would like to see the coast guard play a more active role in protec ting our environment. An example of that could be they could get more training and be more active in marine pollution responses, be it from the ships that traverse our waters, the ships that come to port, the ships . . . the pleasure yachts that go out. Somehow I would like for them to be able to monitor even the r efuse off of Elbow Beach, just so they can play a role in monitoring pollution and helping us in that endeavour. The other issue that I would like for them to [handle] is to also consider monitor ing our marine ecosystems and marine habitats. It is done in other jurisdictions; they have a vital role to play. And this is basically all part of the Oceans Protection Plan that most coast guards have. And this Marine Protection Plan . . . I did some res earch on that, Mr. Speaker , and I would like to share that with you.
Mr. N. H. Cole Simons—you know, if we are to be effective we have to put in writing, set a plan, and make sure that we follow it. Without a plan we cannot be as effective as we ought to be. So the Oceans Protection Plan basically has four main priorities — 1. Create …
—you know, if we are to be effective we have to put in writing, set a plan, and make sure that we follow it. Without a plan we cannot be as effective as we ought to be. So the Oceans Protection Plan basically has four main priorities — 1. Create a world- leading marine safety system that improves responsible shipping and pr otects Bermuda’s waters, including new pr eventative and response measures. 2. And, as I said, the second priority would be to restore and protect the marine ecosystems and habitats using new tools and research. 3. Strengthening partnerships and launching comanagement practic es, and obviously strengthening the partnership with the p olice department. I am suggesting that we also work with the hospital , and also the Depar tment of Environmental Protection. These all iances can be very, very important. And I would also consider the alliances with the Sargasso Sea Commission and the members of the Hamilton Declaration. These environmental things, I think, will play a vital role in protecting our environment and our marine resources. 4. As I mentioned earlier, the [Oceans] Protection Pla n should also consider investing in oil spill clean -up research and methods to ensure that decisions taken in emergencies are ev idence- based. So, again, I would like to ex tend the mandate and purview of the coast guard to include environmen-tal initiatives, given that we are an island and that we are in the middle of the Atlantic and that we care about our environment. And I think that if these guys are on the ocean 24/7 they can play a proactive role in monitoring and bringing to the attention of the powers that be any pollution, contaminations, any detrimental issues that impact our marine ecosystems and hab itats. Mr. Speaker , the other thing is, I know we as Bermudians, I know what we are like, this . . . this . . . and I think it is in the legislation, t he coast guard has to be available for service 24/7 throughout the year in that we have emergencies day and night. And as the former Premier said, we have to get people out at night and we have to make sure that they have the resources. In addition, we have to commit . . . I see that we have committed, I think, $1.6 million for this pr ogramme. I suspect, if we are going to do a thorough job and go from the inland waters, to our oceans, to our EEZ, that is going to involve more investment in regard to vessels. We cannot expect the coast guard to do an effective job if they do not have the tools to get things done —be that research in the environment, be that research in drug interdiction, immigration, more and other initiatives. So, again, we need to ensure t hat the resources are there to make this pr ogramme a success. Mr. Speaker , I cannot say enough about trai ning. You know, they have been given the powers of
Bermuda House of Assembly some of our police force members and our concern is that they may not have the same level of traini ng that is required under the PACE Act and other Acts that pertain to policing in Bermuda. So I would suggest that somehow there be some cross -educational initi atives that will ensure that our coast guard members are equally as qualified as our policemen i n regard to training, in regard to handling arms, and arresting powers. Because at the end of the day they should be able to basically adhere to the PACE regulations and not [run afoul] of the law. So, again, those are my brief contributions. I am supporti ve. I think there is more work that needs to be done, and I am looking forward in assisting in any way I can to bring this to fruition. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Mr. Simons. Does any other Member wish to speak? I recognise the Honourable Member from constituency 28. Honourable Member , you have the floor.
Mr. Dennis Lister IIII would also like to offer my support to the Minister of National Security for this Defence Act in creating a Coast Guard for Bermuda. Mr. Speaker , as has already been highlighted by my honourable colleague to the right of me, I also served in the Bermuda Regiment. And …
I would also like to offer my support to the Minister of National Security for this Defence Act in creating a Coast Guard for Bermuda. Mr. Speaker , as has already been highlighted by my honourable colleague to the right of me, I also served in the Bermuda Regiment. And during my time there I was interested in serving in the marine corps, but we did not have the same abilities and capabilities that are being offered now, so I turned it down and I served in a different company. Mr. Speaker , if we would hav e had the abil ities that we have now, I surely would have joined that company to be able to be part of a coast guard, to go out on a rescue mission, to help clean up something. That is something that I definitely would have wanted to do during my time in t he army. Much has been said with the speakers in front of me, Mr. Speaker , so I only have a few short bullet points. Again, educational and training opportunities. After the Act to dispel conscription of the army and create reform of the Bermuda Regiment , we are now looking at (under the Ministry of National Security) different ways to make it enticing to young Bermudians to join the Bermuda Regiment. So by creating further educational and training opportunities for them, which this coast guard will fall under, it creates opportunities for young men that probably do not have an opportunity to serve in another field, or if they are i nterested in serving in the army, and they just do not want to do the tree cutting and the hurricane rescue or hurricane preparation training, Mr. Speaker , they can now look to joining the marine and coast guard d epartments. Mr. Speaker , it is well known that Bermuda is an island in the middle of the ocean. Our whole history is based on naval history, Mr. Speaker , from the earl y days of the 1600s –1700s where we had privateers that would go out and raid the pirate ships from our —
Mr. Dennis Lister IIIWhat is a privateer? I do not know the exact definition right now, but — [Laughter] [Inaudible interjection]
Mr. Dennis Lister IIIRight. And from the tradesmen that used to sail down to the Turks and Caicos and trade our salt, Mr. Speaker . So Bermuda has a strong maritime naval history. So it only makes sense— common sense—to extend our Royal Bermuda Reg iment to have the ability to have a …
Right. And from the tradesmen that used to sail down to the Turks and Caicos and trade our salt, Mr. Speaker . So Bermuda has a strong maritime naval history. So it only makes sense— common sense—to extend our Royal Bermuda Reg iment to have the ability to have a coast guard, Mr. Speaker . Again, being an island surrounded by water . . . if I do a count of hands, 90 per cent to 99 per cent of us in here know how to swim, love to be in the wat er, love to do stuff with the water. So, again, Mr. Speaker , it only makes common sense to extend the capabil ities of the Royal Bermuda Regiment. So Mr. Speaker , in my brief comments I offer my support to the Minister and I thank the Lieutenant Colonel and any other members of the regiment that may be here with him coming out to show their su pport.
The SpeakerThe SpeakerAh, ah, ah, ah. [Inaudible interjections ]
Mr. Dennis Lister IIIAs long as you come with me, Cousin Derrick. [Inaudible interjection]
Mr. Dennis Lister IIIAll right. They do not have an age limit. They have a Seniors Corps just for you. [Laughter]
Mr. Dennis Lister IIIBut— 3048 10 August 2018 Official Hansard Report Bermuda House of Assembly [Inaudible interjection]
Mr. Dennis Lister IIIYou can be Chaplain. Mr. Speaker , again, I would like to offer my support and encourage those that —any young person in Bermuda, male or female—that may want to sign up and join up in the regiment for these opportunities, I encourage them. And if it is not only …
You can be Chaplain. Mr. Speaker , again, I would like to offer my support and encourage those that —any young person in Bermuda, male or female—that may want to sign up and join up in the regiment for these opportunities, I encourage them. And if it is not only . . . if it is not just for the marine corps, whether it is to get training in other areas, Mr. Speaker , I encourage them, and I thank you.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? Minister . . . Mr. Moniz, you have been letting everybody jump before you, you know, you are slow. Hon. Kim N. Wilson: Thank you, Mr. Speaker , and I will be very brief. Mr. Speaker , …
Thank you, Honourable Member . Does any other Honourable Member wish to speak? Minister . . . Mr. Moniz, you have been letting everybody jump before you, you know, you are slow.
Hon. Kim N. Wilson: Thank you, Mr. Speaker , and I will be very brief. Mr. Speaker , I, too, would like to join in the chorus of celebrating and congratulating t he Honourable and Learned Minister of National Security for this particular piece of legislation. In fact, when it was first discussed in Cabinet, I was actually really thrilled because . . . for many of the reasons that have actually already been enunciat ed this afternoon and this mor ning, it is an avenue for Bermudians to be able to gain further educational and training opportunities. However, the only thing I would like to add, Mr. Speaker , is that a lot has been said about the benefits of this for men. I would certainly like to encourage women to also utilise this as a particular av enue for joining in the regiment. I know very, very many women that are skilled helmsmen . . . helmswomen, that are proficient divers, and also have all the other attributes t hat the Minister spoke about previously that would fare well for a person that would participate in the Royal Bermuda Regiment’s Coast Guard facilities and services. So, again, I would like to commend the Mini ster for this piece of legislation. I am encouraging Ber-mudians to take advantage of this. It is a wonderful learning opportunity. And particularly for women who, I know, can also fit the bill to participate and be active members and successful members and useful me mbers of this particular Royal Bermuda Coast Guard. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Honourable Member Moniz. Hon. Trevor G. Moniz: Thank you . Thank you, Mr. Speaker . The Members who have spoken before me seem to be looking upon this as a sort of . . . either a jobs creation move, How can we create some …
Thank you, Honourable Member . Honourable Member Moniz. Hon. Trevor G. Moniz: Thank you . Thank you, Mr. Speaker . The Members who have spoken before me seem to be looking upon this as a sort of . . . either a jobs creation move, How can we create some jobs? or as something for the Bermuda Regiment to do b ecause they have been looking for a space to move forward with the abolition of conscription. However, I would like to approach this more from the point of view of the public of Bermuda and what we, as the public of Bermuda, are getting from this, and what are the changes that are being made here. I thank the Minister for his presentation. He said that the intention was to have a dedicated full - time coast guard Unit. And at first I thought he said 40, but I . . . and several people heard 40, but then it turned out it was 14. So I just want to make sure that—
[Inaudible interjection]
Hon. Trevor G. Moniz: Yes, 1 -4, 14 full -time me mbers. And, you know, t his has been something that, as has previously been said, that has been under debate for some time and between the police and the regiment as to how to do what needs to be done with respect to the inshore waters in Bermuda—not of fshore, but inshore—and, obviously, we all accept that there is a need to deal with that. We know of the r ecent weekend, there were problems with stabbings with people out in Paradise Lakes, there was a problem . . . I think there was a fight in Mangrove Bay where they were rafting up . . . I saw a video I think of a fight which took place . . . it was not on the water, it was on a dock maybe in St. George’s. So, there were a lot of skirmishes, some s evere, and some not so severe, just over one recent holiday period. So, we obviousl y do need more poli cing on the water and really this is a question about who is going to do that policing and whether the reg iment are moving their role from a military role —a marshal role where you are dealing with either d efence from someone else or you are dealing with marshal law, when marshal law is declared with the way you have civil unrest, et cetera—to a situation where the regiment are moving their role from a military role to a policing role. And that is an important shift and it needs to be noted. This Act . . . what this Act proposes to do is to give police arrest powers to members of the regiment who are in this coast guard unit . So they are becoming policemen. So there are a number of concerns and—
Hon. Wayne Caines: Point of clarification.
The SpeakerThe SpeakerI will take your point of clarification. POINT OF CLARIFICATION Hon. Wayne Caines: They are not becoming polic emen. They are maritime . . . they will be a coast guard with policing powers.
The SpeakerThe SpeakerMember. Bermuda House of Assembly Hon. Trevor G. Moniz: That is precisely right, Mr. Speaker . So they are performing a policing function. So that is exactly the point I am making. So they are given police powers. And we note this in the Act . . . I think …
Member.
Bermuda House of Assembly Hon. Trevor G. Moniz: That is precisely right, Mr. Speaker . So they are performing a policing function. So that is exactly the point I am making. So they are given police powers. And we note this in the Act . . . I think it says in the Act that they will not be holding prison ers. If they arrest someone, they somehow magically will find a police officer and hand that person over to a police officer — [Inaudible interjection] Hon. Trevor G. Moniz: —or take him —
Hon. Wayne Caines: Point of clarification.
The SpeakerThe SpeakerI will ta ke your point of clarification. POINT OF CLARIFICATION Hon. Wayne Caines: We are governed by the Police and Criminal Evidence Act. The police officers will be conducting all transfers and all prisoners in accor dance with the Police and Criminal Evidence Act, which I am sure the …
The SpeakerThe SpeakerThank you. Honourable Member ? Hon. Trevor G. Moniz: Yes, we can address this more in Committee and whether —
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: —you know, what the li aison will be between the police and this coast guard unit . So whether there will be a police officer on board the boat or whether there is just going to be one hanging around somewhere who is going to …
Yes. Hon. Trevor G. Moniz: —you know, what the li aison will be between the police and this coast guard unit . So whether there will be a police officer on board the boat or whether there is just going to be one hanging around somewhere who is going to be able to take over . . . you know, what that liaison will be so it is a seamless transition, so you do not end up with a coast guard having a person and the police saying, Well, we don’t have anybody around, take him to Somerset or take him to St. George’s and turn him over .
Hon. Wayne Caines: Mr. Speaker , point of clarific ation.
Hon. Trevor G. Moniz: I do not accept that.
The SpeakerThe SpeakerWell— Hon. Trevor G. Moniz: We will take it up in Commi ttee. We will take it up in Committee.
The SpeakerThe SpeakerWhat I was going to suggest is a lot of this could come out as we go clause by clause in Committee. Hon. Trevor G. Moniz: Yes, absolutely.
The SpeakerThe SpeakerSo let us deal with it in clause. Hon. Trevor G. Moniz: I do not want to get too deep into it, I am just covering it and we will take it up in Committee.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: So, all I am saying here is that there are these police powers and, again, I do not want to get into the detail of it at this point, but with respect to the Act, there are general qualifications to be part of the unit, …
Yes. Hon. Trevor G. Moniz: So, all I am saying here is that there are these police powers and, again, I do not want to get into the detail of it at this point, but with respect to the Act, there are general qualifications to be part of the unit, but nowhere in there does it say that you have to have any police training or any m arine training and that is where the—
POINT OF ORDER
Hon. Wayne Caines: Point of order. It does say that and that is incorrect.
The SpeakerThe SpeakerAll right. Continue on, Member. Hon. Trevor G. Moniz: Well, aga in, I am looking at clause 5B there, so . . . again, we can take that up in Committee, but there seems to be in the clause I am looking at, it talks about more general qualifications. But …
All right. Continue on, Member. Hon. Trevor G. Moniz: Well, aga in, I am looking at clause 5B there, so . . . again, we can take that up in Committee, but there seems to be in the clause I am looking at, it talks about more general qualifications. But if the . . . if the . . . and we can talk about that when we come into Committee, whether they are going to receive the same training as the police receive in terms of arresting people, in terms of civil situations. For example, with respect to defence normally army officers are issued with rifles, you know, are they g oing to have rifles? Is it going to be . . . are there going to be handguns? Are certain people going to be l icensed to operate handguns the way they are in the police force? How exactly is that going to operate? So, there is a concern here, from my point of view, about a constitutional situation where you have a police force whose role it is to deal with civil and criminal events, whether it be in society or wherever they are, and right now the police are dealing with it on the water. From now on it is saying the army will be dealing with these and I guess we are going to have to come down to the nuts and bolts of how they are going to do it. Are they going to be dealing with it in the same way? And I am thinking of the incident, you know, out there with . . . with an affray at Paradise Lakes where they have stabbings, et cetera, and the police have a certain way they deal with it. I am not sure on the water. I know on land they have batons, they may have pepper spray, they have restraints . . . exactly what is the idea of how the regiment is going to deal with those things? So, the one side of it is sort of helping people out, you know, people who get stuck on the water like 3050 10 August 2018 Official Hansard Report
Bermuda House of Assembly the Minister did— you get stuck, your engine stops running, you run out of gas —
The S peaker: He was testing the service out. Hon. Trevor G. Moniz: So the one side of it is that —
[Inaudible interjections]
Hon. Trevor G. Moniz: Yes, it is helping people out on the water. And generally speaking it is on inshore waters so, hopefully, previous Members have said that these members are going to have to have inshore navigation certificates, are going to have to have m arine training . . . and just to see exactly what sort of training it is. It is going . . . those are my questions with respect to exactly how this is going to operate. And I do not . . . the Minister does not need to be too defensive, but this is an entirely new area and we just need to see how the nuts and bolts are going to work on that. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member . . . ? We recognise the Honourable Member from . . . Honourable Member Simmons.
The SpeakerThe SpeakerHonourable Member Simmons, you have the floor.
Mr. Scott SimmonsThank you, Mr. Speaker . First and foremost, allow me to congratulate the Minister on bringing this along with the hardwor king staff at the Ministry, certainly, working with our defence force and the rest to make sure that we could bring this to this House for it to be …
Thank you, Mr. Speaker . First and foremost, allow me to congratulate the Minister on bringing this along with the hardwor king staff at the Ministry, certainly, working with our defence force and the rest to make sure that we could bring this to this House for it to be introduced here today. Mr. Speaker , I do not feel the same level of mischief as it relates to this particular Bill. I think that it is progressive and it works well for Bermuda. And I think that if we take a long hard look at what the Mini ster has said in that while these soldiers offer additional manpower they have been equipped with policing powers required to enforce m aritime law, I see no di fficulty with these forces once training is established, that they are supplementing and assisting the police. I think that, from my capacity as Chairman of the Water Safety Council, I know that we will meet this with absolute inter est and will applaud the Government for bringing this because it assists us in our maritime ar eas. And so I do not see . . . I hear what the Honour able and Learned Member is saying, but as far as I am concerned I am satisfied that this will be tweaked out and that we can supplement the Bermuda Police Service and we can work together to provide the safety and the security that Bermuda—I will be brief —and what the Bermuda public so deserve. And I also wanted to say one other thing that was mentioned in the Minister’s brief, is that what we are going to see is around the clock, 24- hour assi stance. And I think that is vitally, vitally important. The strain that is put on our maritime [responsibility] as it relates to the Bermuda Police Service and our r esponse time is vitally important in the preservation of life here in Bermuda. So I am encouraged by that. I am not disappointed. I think this is a good Bill. I thank the Minister, again, for bringing it and I think this is a progressive step. We promised that we would restructure and that we would create new o pportunities for, not just employment, but to also create new areas that we could work with. This is one of them. It is a great, great thing that we are doing, and I look forward to our young men and women taking part in this part of a new era in our regiment, in its transformation, and also as we move forward as a very progressive and a very inclusive Government. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Any other Member . . . ? I recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker , this is a significant development in our history, for a small …
Thank you, Honourable Member . Any other Member . . . ? I recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker , this is a significant development in our history, for a small island state that is surrounded by water for our 400 years of history where we have had the experience of the good and the bad and the ugly visiting these shores, impacting the life of our little island state. Knowing that they can come to Bermuda and we have not had a coast guard platform has created the wrong signalling. And so today I commend the Minister of National Security working with Lieutenant Colonel Curley, second in command Major Furbert, and the entire team that have put t ogether an initiative now that brings with it at last a formal organised platform for coast guard control that carries out the important operational function of operating as an effective maritime policing unit because the vagaries of the maritime environment are no less challenging or dangerous than the ones here on land. I mean, if you . . . and I am going to take time just to make a couple of comparisons with coast guard arrangements, but we have heard Honourable Members of the House discuss just skirmishes that take place at sea, I heard the former Honourable Premier Mr. Cannonier mention Boston Whalers far out to sea, far too far out in his view. We all know that these highways, these maritime highways, are the subject of crime, high crime. Bales of heroin and cocaine are released from vessels passing our shores as the main . . . as an important method of getting poison into j uBermuda House of Assembly risdictions, not just jurisdictions beyond Bermuda, but this country. And so I regard this dev elopment today and this Bill that is being piloted by the Minister of National Security as significant and having a significant secur ity arrangement for us. Now, I do take note of the spec ified functions and powers and duties that are complemented in this Bill, but it is very clear that by the time we reach [clause] 5K of the Bill where we examine the powers to board vessels, to intervene in suspicion of breaching either our revenue laws or our criminal laws, this Bill has the required teeth to give to the coast guard unit persons —who are going to be trained adequately in the skills of intervening, behaving and policing our maritime environment and using force to do so, including the force of arms (which you definitely need) my experience of every maritime v essel, every container ship, the power of the captain these days, ploughing the seas, whether it is a large vessel ploughing the seas fearing piracy, who come armed to the teeth with weapons —this need within the Bill for the ability of maritime unit officers to be armed, skilled at using arms so that they can protect our borders, protect themselves, and enforce the laws. So, this is an important signal. That is the point I am wanting to absolutely underscore. And so with this important development and miles tone being made, those who are associated with these 14 inaugural unit officers are going to be blessed with a very significant and rewarding job. It will test their every skill. It will turn them into men and women who will be required to exercise discipl ine, skill, care, diligence [for] 24 hours. I heard the Honourable Member Mr. Simmons remind us about the requirement that this is a 24- hour service. Again, this messaging is important, 400 years into our history, where we now . . . this, Minister, is a commendable milestone that you have achieved t oday. It has been much overdue and I commend you for bringing it, and what you bring, Mr. Speaker (I say to the Minister), as we examine just what the coast guards do. I take the point of the former Honourable A ttorney General asking what this proposition brings to . . . why is it being . . . and what does it do for Berm uda? And it is a question that I ask and that I pose to myself. But just for context (if I may, with your permi ssion, Mr. Speaker ), we know that a coast guard is a maritime security organisation. We know that coast guards imply widely different responsibilities in different jurisdictions and countries. They include ranging from the heavily armed military force with customs and security duties to t he other extreme of being a volunteer organisation tasked with search and rescue functions, lacking any law enforcement powers. Our Bill has the law enforcement part. So I can see that the Minister and his team have worked with conflating or configuring a force that is paid, there is payment, it has powers that are related to search and rescue, and the Honourable Member who is concerned with the environment very fervently in the House, Mr. Simons, the Bill very clearly . . . and I could declare an interest . I am on the Maritime and Shipping Agency, which has as its responsibility for the shipping register, ensuring that we have a platform that makes sure that shipping (on our register) complies with dumping at sea under our flag or polluting at sea when under steam under our flag. And this Bill, by the powers and functions of the enforcement of fisheries and the enforcement of maritime laws in our coun-try, completely answers the Honourable Member Mr. Simons’ urgings that this inaugural group of 14 men under the command of —
[Inaudible interjection]
Hon. Michael J. Scott: —and women (thank you Mi nister Kim Wilson) under the commanding guidance of the Lieutenant Colonel of the day, will have the po wers to enforce maritime observance and compliance with our law s. So it is a dynamic . . . it is a dynamic function that we have now assigned in the amendments to the Defence Act and it is highly commendable. So, that is the role of a general coast guard to be involved, either as an armed to the teeth force or one th at is merely voluntary. Certainly in the United States Coast Guard it is a member of the seven un iformed services of the US Army. The Coast Guard is a critical component there. And I was reading just in relation to other matters how the US Coast Guard just has been doing a commendable job, armed to the teeth in the way it is, at reducing the tonnage of c ocaine arriving in the United States over the historic period, from 300 metric tons of narcotics to about 111. They have been working to ensure . . . and the story was about, Minister of Health Wilson, the officer who was in charge of the story that was being told in the article that I was reading in US Today was that she was in command of a detection and making an armed boarding of vessels that had on them c ocaine, and it was a successful operation. But I mention this deliberately because when asking the question, Well, why are we doing this? What are we addressing this policy to? Before I do that, though, because we do not have, for example, the UK —Her Majesty’s Coast Guard— is very interes ting too. And I do it for contrast to the US one, which is fully armed, it is militaristic, it is a very marshal enterprise that looks at search and rescue plainly, but it looks at the enforcement of preventing crimes at sea and the importation of narcotics into the United States, it has a border control and a security issue which, I think, it is important for any nation that is seeking to keep poison . . . narcotics out of its territory. But we all remember Prince William in the helicopter , and his career. I think Prince Harry did so as well. So, in Her Majesty’s Coast Guard [there] is a 3052 10 August 2018 Official Hansard Report
Bermuda House of Assembly section of the Maritime Coast Guard Agency. It is r esponsible for the initiation and coordination of mar itime search and rescue within the United Kingdom’s search and rescue region. This includes mobilisation, Mr. Speaker , organisation, and tasking of adequate resources to respond to persons in distress at sea, persons at risk of injury or death on cliffs, shorelines of the United Kingdom, or is responsible for the search and rescue helicopter operations and that has been going on since 2015. So that is an interesting comparison with what Her Majesty’s Forces engage in and deploy for coast guard management there. But, as must be positively obvious, your coast guard should be responsive to the needs of your par-ticular community’s needs. I think, in fact I say this with some conviction, that this Bill has begun to address the specific tailored needs of our country. I do not see, however, . . . I beg your pardon, including the need for . . . the word is . . . what I am saying is I do not see words “border control” in their functions or duties, but clearly 5K makes it very plain. The powers to board and to interdict and to kick down doors make it very plain that this is tasked with preventing unlawful importation or exportation from our shores of illegal substances. This is a good thing. This is tailor made to our needs. We have a problem, and the Minister of N ational Security spends many hours dealing with it, in the gang remediation, which is entirely fuelled by drug connected crime. One of the things that we must do, of course, is reduce the supply onto our shores. This is why the Bill is important. We are sending the signal, and it will get bet ter. I am sure that the job will become more and more dynamic and more intensely focused as it works out what has to happen, what needs to be addressed, what needs can be addressed as skilling up continues amongst our initiates. These numbers may grow, Min isters. And so not only will we be able to boast 14 jobs, we will be able to boast the need to increase the number of jobs to more as the demand is placed upon us. So, I believe those are the central and salient observations that I wanted to address. I note that the command and administration of the coast guard r emains with the commanding officer. I hope that the Minister will have the ability to intervene in what is now under the Bill a pas de deux between the Governor and the Commanding Officer so that w e move not into the territory of this unit becoming just one of civil unrest and control in our country. We have that assigned under section 62, powers of the Constitution for internal securities, defence, and external affairs. Because this is an opportuni ty, this coast guard initi ative is an opportunity for us to address and tailor it to security needs in our small Island, which are i mmense, they are continuing, they are becoming ever more complex with the ability for transportation, people to garner their transportation vehicles and use communications to make the life of reduction of crime and drugs in our country a more complex problem for the Minister of National Security. So, with those observations and indications and just reminders of what a standard coast guard’s business ought to be, and how we tailor it to our needs so that the signal goes out that our borders, our maritime and water environment is not a free for all for the world to make life both dangerous and poisonous, but is one that is going to be policed and guarded by our coastal unit officers. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable . . . we recognise the Honourable Member, Gordon- Pamplin. You have the floor.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Speaker. Mr. Speaker, I have to say that many of the points I wished to make have obviously been artic ulated. But there are one or two that I have not heard thus far. And it is only on those that I will concentrate. Firstly, the question …
Thank you, Mr. Speaker. Mr. Speaker, I have to say that many of the points I wished to make have obviously been artic ulated. But there are one or two that I have not heard thus far. And it is only on those that I will concentrate. Firstly, the question I have is, historically, we have had challenges with respect to recruiting officers for the police department, the fire service and the like because of the inability of some of the candidates to successfully pass drug testing. And that is a prerequ isite that is included in this legislation.
Hon. Wayne Caines: Point of order.
The SpeakerThe SpeakerPoint of order? POINT OF ORDER Hon. Wayne Caines: That just does not bear . . . that is not correct. At this point, all of the uniformed services are actually overflowing with applicants that have the necessary qualifications. I can give you the statistics. We have an abundance of …
Point of order?
POINT OF ORDER Hon. Wayne Caines: That just does not bear . . . that is not correct. At this point, all of the uniformed services are actually overflowing with applicants that have the necessary qualifications. I can give you the statistics. We have an abundance of people in all of the services that have applied and been successful. It is just that we do not have enough jobs to keep up with the people that have successfully applied for the requisite jobs.
The SpeakerThe SpeakerThank you. I think she was making a historical reference there.
Mrs. Patricia J. Gordon -PamplinMy comment was that I said, specifically, historically there has been a challenge. I am not saying what exists now. Things obviously may have gotten better, and I hope that they have. But the question I have, which ties into this legislation, is whether, in fact, with the approach that …
My comment was that I said, specifically, historically there has been a challenge. I am not saying what exists now. Things obviously may have gotten better, and I hope that they have. But the question I have, which ties into this legislation, is whether, in fact, with the approach that we have taken over the course of the last year or so with the liberalisation of possession of marijuana, as an example, is this likely to preclude an individual
Bermuda House of Assembly from being able to apply to be a candidate. And, if so, if such exists, is this a one -off determination if you fail at your first attempt to come in here? Because this could actually be a very positive thing for somebody who might otherwise be, if I can call it, lost in the shuffle to say, I’m excited by these prospects and, ther efore, may create an opportunity for me to clean my act up so that I c an be considered going forward. But if you have a liberalisation on the one hand, of the use of soft drugs (if I can put it that way), and a disqualifier according to the legislation of being able to join the maritime portion of the regiment, is there goin g to be something that needs to be looked at in terms of how we can embrace second- chance opportunities for our young people who might otherwise find themselves excluded or precluded from the initial application? And the other thing that I was curious abo ut is that I have not seen mentioned the utilisation of a K9 aspect. We know that within the police department there is a K9 unit that assists with certain interdictions and the like on land. And I think when you look at some of the coast guard stories . . . I sort of watch these things on television more so than anything else. I do not have any first -hand knowledge, but certainly the question begs, is there the ability within the legi slation that will enable the coast guard unit to include a K9 unit as par t of their interdiction processes and part of their effectively being able to carry out the responsibilities of being a proper candidate within the ethos and the mantra of the coast guard unit, whether that would be able to be embraced as some kind of K9 utilisation as well? I was just curious about that. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Leader of the Opposition. Honourable Member you have the floor. Hon. Jeanne J. At herden: Thank you, Mr. Speaker. Mr. Speaker, I think that from my perspective, and I am sure from many of the …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Leader of the Opposition. Honourable Member you have the floor.
Hon. Jeanne J. At herden: Thank you, Mr. Speaker. Mr. Speaker, I think that from my perspective, and I am sure from many of the people in the House, this is something that has been a long time coming. I remember when we were the Government having the discussions about the regiment and about what we could do to get more people volunteering to be part of the regiment. How can we get people to realise that there are other opportunities, other jobs (if you will) that you could have in the regiment. And I always maintained that the maritime side of the regiment, or the maritime side of security was something that had to be promoted more. So I am really pleased to see this. Obviously, it is very much appropriate, because you have the Minister of National Security who has the pol ice and the regiment, and now we have the coast guard. And I guess what I am looking forward to seeing over time is where the coast guard will end up fitting in (if you will), because it almost feels like it is halfway between a regiment and halfway between the police. And in other places, as you say, they become their own entity because the things that they do and the need that they fill creates the opportunity to say, Okay, this is something which stands on its own and, therefore, becomes another standalone entity. I say that because when I see some of the changes to some of the legislation, where you have things happening within the Complaints Authority, and something else happening with respect to recognition of who the officers are and who is responsi ble. I am going to look forward with anticipation as it grows, because I do recognise that starting off with 14 it is going to be quite interesting to see, with all of the things we are talking about, what this group is going to do. In the end, how many people do you actually need? I say that because I look at the duties of the coast guard and I think to myself . . . when I was the Minister of Health, of course, I was always interested in terms of quarantine and knowing how we were g oing to sort the quarantine out. And then if the coast guard is going to be involved in that, if you are looking at the fisheries . . . and I had the environment. You are always worried about how are we going to keep our eye with respect to people breaking the law. How were we going to regulate people who were coming into our waters and actually doing things that were going to be detrimental to Bermuda’s interests? And even at some point in time when we talked about how we were going to grow an industry, how we were going to have people come, whether it be longline fishing or whatever else, we recognised that these are some of the things that if we started all of this we had to have people that could protect us. And to protect us, there had to be someone, some police of some s ort, some group that is going to be responsible for protecting Bermuda’s interest. So, when I look at all of the things that are on the duties of the coast guard, I am going to be looking with great interest to see how the Minister of National Security, i n consultation with the regiment and the police, figure out how many people they need to do all of these things, and at the point in time, how many things do we start off doing, because the bottom line is some of these things are going to be almost imm ediate. You need to do them right away when you start. And before you know it, you could be working on a lot of things which are . . . the need is there. But they can consume the bodies in terms of being able to address some of the other issues. Because search and rescue, or even in terms of safety at sea and detection, some of these things can require the regiment to be on a day -to-day basis dealing with them and maybe not having as much time to get into some of the other things, like quarantine or dealing wit h the environment in terms of who is out there fishing and doing things which are not good for Bermuda. 3054 10 August 2018 Official Hansard Report
Bermuda House of Assembly I say that I believe that this is going to be something good. And I am like the current Minister of Health. I am a firm believer in these jobs out ther e. Women as well as men should be out there aspiring to want to fill these jobs. And I would like to think that as we go forward the school system will start to encourage people to get themselves on the right side to have, not only the qualities to become people in the . . . as officers or for people in the actual coast guard. But I would like to think that some people out there will see themselves as being in charge of these units b ecause they see themselves as someone who can say, There is going to have t o be someone who has to run it and, therefore, I have the interest and I have the desire and I have the ability, and that people view it as job opportunities and job growth. The bottom line, as I remind myself that Bermuda is . . . we’re an Island. We keep forgetting that our ancestors started off . . . maybe they started off running from, running away, making sure that the authorities did not find them. But now we have to turn around and recognise that the opposite way is the opportunity for people to ac tually get involved in ma king sure that we protect Bermuda from those people who do not want to live by our laws and protect us from those people who do not want to adhere to what I call the social norms. So, Mr. Speaker, I just wanted to say that when I think about things like the Sargasso Sea and the EEZ and all of those other things where at some point in time we might have the ability to start to say that that is an opportunity for our growth, that is an opportunity for us to expand our remit and the benefits to Bermuda, I would like to think that, as the Minister of National Security has to deal with his new units, he will be able to see the coast guard, per se, will have a role, and potentially a role that says that it has enough to do and there are e nough people dealing with the police, enough people dealing with the regiment, that they will figure out how is the best way to manage the requirements. And I recognise that because it is just starting out now, we have had to create what I call a hybrid. But, the best thing about all of this is that it gives us the opportunity to start out small as long as we know, as we said here, the duties of where we want the coast guard to be in the end. So, Mr. Speaker, I just wanted to say that I am pleased, becaus e I think there are a lot of people out there who will look at the defence, the coast guard unit, and say, This is something that I want to be into. And right from the get -go will start to get involved and will start to say that, ‘Hey, me and my buddies, et cetera, are going to do all of these things.’ And at the same time, maybe it will start ma king all of us more responsible on the water because we will understand what it means and we will try to keep ourselves as upstanding citizens who obey the laws an d make the life easier for the coast guard. I look forward to . . . I think there were a couple of other questions, but in Committee I think there are one or two things that we will just want to clarify. Thank you, Mr. Speaker. We look forward to seeing t he unit up and running. I guess the Minister will let us know how soon finances will allow him to get those 14 people moving. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member. Minister. Hon. Wayne Caines: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank both Members of the Opposition and the Members of the Government who have contributed to this debate. I have found …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member. Minister.
Hon. Wayne Caines: Thank you, Mr. Speaker. Mr. Speaker, I would like to thank both Members of the Opposition and the Members of the Government who have contributed to this debate. I have found the suggestions and the insight quite meaningful. And I do believe that the discussion today was really beneficial to the people of Bermuda, especially to the support and undergirding of the Defence [Coast Guard Unit] Amendment 2018. Mr. Speaker, I would just like to go through some of the questions that were posed by the Oppos ition, and answer them. The question was asked . . . the former Pre mier wanted to know more about the vessels that we are using. We will be using the police vessels in the first instance. Some of them are old, and we will be using them first. We will put together a replacement plan in the not -too-distant future to make sure that we have vessels that we can use going forward. The vessels cost between $200[,000] and $350,000. And obviously, that will be a plan for subsequent years. It was asked what would be one of the additional roles of the coast guard. They will do safety at sea training, Bermuda law, including A and B class boat courses. We will use incentives to get the so ldiers through the doors. We will also use the US Coast Guard, the UK Coast Guard and the Caribbean Coast Guard, specifically the one from Barbados, as some of our training models. The question was asked, have we engaged the Bermuda Police Service with this planning pr ocess. We have had five meetings wit h the Bermuda Police Service, their Level Command Team, in order to get to where we are with this proposed legislation. We have had a number of other stakeholders assembled at Warwick Camp in order to discuss and make sure that we have the requisite inform ation. Going forward this will be a joint operation with the Bermuda Police Service and other agencies in order to cover routine duties and operations. In ot her words, in the first instance (this is to answer the Opposition Leader’s question as well) this will be a joint command with the Bermuda Regiment and the Bermuda Police Service. In the formative months, the Bermuda Police Service and the Royal Bermuda RegBermuda House of Assembly iment will be in tandem, both in training and on the water, and shortly thereafter in 2019 when we do get on the water in the first instance we will be joined on the water as a combined unit. As the training goes on and the coast guard is in a position to take on mar itime activities on their own, they will then go off on their own. But in the first i nstance it will clearly be . . . the coast guard will be a standalone unit. But in the beginning during the training phase it will be a tandem phase with the Bermuda Regiment and the coast guard. They will be working together in the training phase. And aft er the training phase the coast guard will indeed take on those responsibilities on their own. Question: What liaison with the Bermuda P olice Service did the Royal Bermuda Regiment have? The answer: We have had five meetings. We went through the scenarios which included joint operation. We also had major stakeholders, including the BPS so that we could understand the need for Customs, Marine and Ports, the Bermuda Police Service and harbour radios. The question that it was stated at approx-imately 5,000 to 8,000 people have gone through the Bermuda Regiment, the answer is that it was over 10,000 men and women have gone through the Bermuda Regiment. Question: Will we get older members that have retired back into the Bermuda Regiment? The answer: Yes, we are looking into establishing our r eserve unit, and we believe that we can have members that have retired, MP Burgess . . . get older members back into the regiment.
[Laughter] Hon. Wayne Caines: Question: Have we looked to get support from Canada with reference to the coast guard. The answer: Yes. We have spoken to Canada, and we are in discussions with the Canadian Coast Guard for support. Canada has a great full - and part - time coast guard, and we can utilise the support here. Question: Environmental. Will we be looking at the environmental elements of the coast guard? The answer: We will support however the other mini stries in charge of it need our resources. We will do joint operations with other government agencies. Question: Will women be involved in this pr ocess?
[Laughter]
Hon. Wayne Caines: Let me rephrase that. Will this be an integrated coast guard? (Thank you, for the look . . . if looks could kill, I would be a dead man!) [Inaudible interjection]
Hon. Wayne Caines: Yes, that integrate d look. [Laughter]
Hon. Wayne Caines: This will be an integrated unit open to anyone that passes the requirements, both male and female. Currently we have three women in our marine section. Obviously we are open to all f emale members who are part of and pass the qualific ations. Question: Will there be training conducted by the Bermuda Police Service? Yes, there will be trai ning. Part of the training will include . . . the police el ement of the training will be conducted by the Bermuda Police Service. Wit h reference to the firearms training, they will have up to Level 3 firearms training. And that will also be conducted by the Bermuda Police Service. With reference to the maritime law, it will also be taught in conjunction with the Bermuda Police Ser-vice. Again, the question, will we be working with the Bermuda Police Service? Yes, we will be on the water in tandem joint operations with the Bermuda Police Service at all times. With reference to marijuana, there will be drug testing. As with all of the u niform service you are not allowed to use drugs regardless of what we believe is the simple possession that will be tolerated in general society for specific amounts. In the uniformed service there is a no tolerance policy for marijuana in all of its forms . Question: Will the coast guard unit use a K9, or dog, [unit]? The answer: The Royal Bermuda Re giment will use police assets like the K9 and its handler to cover specific tasks when the need arises. Question: Will the number of 14 coast guard members be able to handle the majority of those operations. The answer: The full -time coast guard unit will be backfilled by the Royal Bermuda Regiment part-time boat troop, plus units that will work jointly with other agencies with increased bodies, i.e., personne l, and other water assets. Mr. Speaker, we have seen this Bill this afternoon that has the opportunity for Bermuda to create a coast guard, an opportunity to look at what that will look like. Fourteen members of the coast guard will have a specific rigour to get involved. They will have examinations, they will have psychological examinations, maritime tests. They will be trained in PACE, which is the Police and Criminal Evidence Act. They will have firearms training. They will have a number of elements that we have discussed. We believe that this will not only make sure that Bermuda is fit for purpose and protected, our maritime shores, our inshore mar itime environment will be protected, but it will also be keeping with the direction, the new direction that the Bermuda Regiment will go in. And that is HADR, H umanitarian [Assistance] and Disaster Relief, and MACA, Military [Aid] to the Civil Authorities. So as the Bermuda Regiment now morphs into our new role based on the recommendation of its strategic milit ary 3056 10 August 2018 Official Hansard Report
Bermuda House of Assembly review we believe this is in keeping, not only with the new direction of the Bermuda Regiment is going, but will allow us to ensure that our maritime, our inshore maritime waters are protected. Mr. Speaker, I move that the Bill be now committed.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 3:27 pm [Hon. Derrick V. Burgess, Sr., Chair man] COMMITTEE ON BILL DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of a Bill entitled the Defence (Coast Guard Unit) Amendment Act 2018 . Minister, you have the floor. Hon. Wayne Caines: Mr. Chairman, I would like to move clauses 1 through 4.
The ChairmanChairmanContinue. Hon. Wayne Caines: Clause 1 is the standard cit ation clause. Clause 2 amends the Defence Act 1965 by adding provisions to establish a coast guard unit, with maritime policing powers within the Royal Bermuda Regiment. The clause provides the criteria by which the Commanding Officer can select persons …
Continue.
Hon. Wayne Caines: Clause 1 is the standard cit ation clause. Clause 2 amends the Defence Act 1965 by adding provisions to establish a coast guard unit, with maritime policing powers within the Royal Bermuda Regiment. The clause provides the criteria by which the Commanding Officer can select persons to be a ppointed to the coast guard unit. These criteria are on par with the criteria used for the selection and appointment of police officers to the Bermuda Police Service. Clause 2 also sets out the duties of the coast guard unit and mandates that persons of the unit wear prescribed uniforms and carry the prescribed warning card. Hazarding a loss of a vessel sleeping on watch or abandoning the post are offences under this section. Clause 3 amends section 3 of the Interpret ation Act 1951, to broaden the definition of “police officer” to include “the Royal Bermuda Regiment coast guard [unit]” giv ing the coast guard unit the same policing powers as the Bermuda Police Service. Clause 4 amends the Police Act 1974 to i nclude the “coast guard unit” in the definition of “ser-vice” under the Act, and to add the coast guard unit matters to the relevant Min ister’s remit under the Act. Clause 4 also repeals and replaces section 2 of the Police Act 1974 such that the coast guard unit has the same policing powers as the Bermuda Police Service, although confined to the territorial waters of Bermuda. This clause does not prohibit a person of the coast guard unit from continuing to pursue a suspect on land.
The ChairmanChairmanThank you, Minister. Any further speakers? The Chair recognises the Honourable Member, Mr. Pearman, from constituency 22. You have the floor.
Mr. Scott PearmanThank you, Mr. Chairman. Minister, just a question of clarity on clause 2, read in conjunction with clause 3. And I think it seems obvious, but just for the purposes of clarity, clause 2 inserts 5F and 5G, both of which talk about the duties of the coast guard unit …
Thank you, Mr. Chairman. Minister, just a question of clarity on clause 2, read in conjunction with clause 3. And I think it seems obvious, but just for the purposes of clarity, clause 2 inserts 5F and 5G, both of which talk about the duties of the coast guard unit and the coast guard’s unit power of arrest. And they both refer to powers of arrest without warrants, commits any offence against provision of law relating to the regulation of the territ orial waters of Bermuda. We then read in clause 3 that these powers are to be likened to the powers of the regular police powers. So, just taking an example, if there was a di sturbance in the water on the lakes, for example, we saw recently an issue with knives, those sorts of things would be things that a coast guard unit would have both a duty under 5F and a power of arrest un-der 5G when read with the insertion of clause 3 to handle in the same way that the police previously could handle. Is that correct, Minister?
The ChairmanChairmanMinister. Hon. Wayne Caines: Mr. Chairman, absolutely. U nder the Summary Offences Act, under the Criminal Code, they will be given specific powers of arrest. There are times when you must have a warrant and you must have a magistrate to serve specific doc uments pr ior to arrest. This …
Minister.
Hon. Wayne Caines: Mr. Chairman, absolutely. U nder the Summary Offences Act, under the Criminal Code, they will be given specific powers of arrest. There are times when you must have a warrant and you must have a magistrate to serve specific doc uments pr ior to arrest. This gives the opportunity for these officers in conjunction with the Police Act, whenever there are arrests, they have the exact same powers that the average and regular police officer has in the execution of his duties.
The ChairmanChairmanThank you. Any further speakers?
The ChairmanChairmanAny further speakers? There appear to be none. Okay. The Chair recognises the Honourable Member Craig Cannonier.
Mr. L. Craig CannonierUnder sections 5E and 5F, I was trying to get an idea, and the Honourable Member the substantive Minister, the Learned Member, did Bermuda House of Assembly give me an indication before we spoke. But I would just like for the public to understand a little more about the structure …
Under sections 5E and 5F, I was trying to get an idea, and the Honourable Member the substantive Minister, the Learned Member, did
Bermuda House of Assembly give me an indication before we spoke. But I would just like for the public to understand a little more about the structure of the coast guard unit itself. I am not a regiment guy. Unfortunately I missed out on that.
The ChairmanChairmanHang on. You’re talking about 5E and F?
Mr. L. Craig CannonierYes, 5E and [5]F. It speaks to the Commanding Officer may appoint any person to be a member . . . sorry, that is part (b) . . . “Command and administration of coast guard unit persons by the Commanding Officer” will be la wfully appointed. I just wanted to …
Yes, 5E and [5]F. It speaks to the Commanding Officer may appoint any person to be a member . . . sorry, that is part (b) . . . “Command and administration of coast guard unit persons by the Commanding Officer” will be la wfully appointed. I just wanted to understand a little bit more about the structure of the actual coast guard unit. You have a major, you have a lieutenant, what will that structure kind of look like so that . . . you know how we are. Bermudians, you know, I know you, bye; I’m not listening to you.
The ChairmanChairmanThat’s not going to change. [Laughter]
Mr. L. Craig CannonierSo it’s important to understand that structure, per se, that the coast guard unit will have so that it is given its importance and that r espect is given to these members of the coast guard unit while they are out on the water. So if we could get a …
The ChairmanChairmanMinister, do you have an answer for that? Hon. Wayne Caines: The coast guard will be a standalone unit that will come under the auspices and under the budget of the Bermuda Regiment. The coast guard will have one Captain who will be the officer in charge of the unit. …
Minister, do you have an answer for that?
Hon. Wayne Caines: The coast guard will be a standalone unit that will come under the auspices and under the budget of the Bermuda Regiment. The coast guard will have one Captain who will be the officer in charge of the unit. It will have one Colour Sergeant, and that will be the most senior noncommissioned officer of that unit. It will have two sergeants, four corporals, and six privates, a total of 14. The coast guard is a subunit of the Royal Bermuda Regiment.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Cannonier.
Mr. L. Craig CannonierYes. I just want to move down to . . . and I thank the Minister for that. That was important to have . . . 5I, where it speaks to loss of vessel and the likes. I was just curious, because we could segue into something else that I …
Yes. I just want to move down to . . . and I thank the Minister for that. That was important to have . . . 5I, where it speaks to loss of vessel and the likes. I was just curious, because we could segue into something else that I did not get in the general comments, but were drones also consi dered? We know that the vessels might get punctured or whatever the case may be, but was drones also consider in the arsenal of the regiment? The Chairman: Minister.
Hon. Wayne Caines: We have considered . . . I believe there are some matters of national security that at this stage we believe in keeping with the National Security Strategy that there are certain things that we hold at this time, Mr. Chairman, and we will be able to come at the appropriate time and say exactly what we are doing in the Ministry with reference to policing the islands and drone management.
The ChairmanChairmanAny furth er speakers? The Chair recognises the Honourable Member Pat Gordon- Pamplin. You have the floor.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Chairman. I heard the Minister’s response—
The ChairmanChairmanWhat clause are you speaking to?
Mrs. Patricia J. Gordon -PamplinSorry, clause 3, section 5B, subsection (e), and that is the successful completion of drug testing by the candidate. And the question that I asked while we were in general debate was whether once you are precluded from being a candidate does that last forever, or is there a second …
Sorry, clause 3, section 5B, subsection (e), and that is the successful completion of drug testing by the candidate. And the question that I asked while we were in general debate was whether once you are precluded from being a candidate does that last forever, or is there a second chance that an individual may apply at some future date and be considered, provided he passes all of the attendant prerequisites?
The ChairmanChairmanMinister. Hon. Wayne Caines: When an applicant fills out an applicat ion and passes all the requisite tests, they must be drug free. We have not gotten to the stage where we planned on if a person has been unsuccessful. There is a caveat. There is criteria that a person …
Minister.
Hon. Wayne Caines: When an applicant fills out an applicat ion and passes all the requisite tests, they must be drug free. We have not gotten to the stage where we planned on if a person has been unsuccessful. There is a caveat. There is criteria that a person must pass, whether it is a psychological test, a swimm ing test, whether it is a maritime test, whether it is all of the academic rigour. One of the requirements to be in this unit is that you must at the time of your examination, be drug free.
The ChairmanChairmanClean. Any further . . . the Chair recognises Ms. Gordon-Pamplin.
Mrs. Patricia J. Gordon -PamplinYes, I am not wanting to be pedantic about this, but I am looking for ensuring that we extend opportunity if one applied and is no longer considered appropriate at the first appl ication, will there at some future point in time be the ability for that same candidate to …
Yes, I am not wanting to be pedantic about this, but I am looking for ensuring that we extend opportunity if one applied and is no longer considered appropriate at the first appl ication, will there at some future point in time be the ability for that same candidate to apply a second time and, provided that all the prerequisites have been filled, be able to be considered somewhere down the road?
The ChairmanChairmanMinister, do you want to . . . 3058 10 August 2018 Official Hansard Report Bermuda House of Assembly Hon. Wayne Caine s: I understand that we are all concerned about our young men and women to make sure that they have the appropriate opportunities. I cannot go down the …
Minister, do you want to . . . 3058 10 August 2018 Official Hansard Report
Bermuda House of Assembly Hon. Wayne Caine s: I understand that we are all concerned about our young men and women to make sure that they have the appropriate opportunities. I cannot go down the rabbit hole as yet. We are in the process of putting the unit together. We have the o pportunity to consi der all elements of it. What I can say without fear of contradiction is that when anybody applies, they have to be drug free. Whatever that means to the member that is applying, it is our recommendation that when you try to be a member of the coast guard that, indeed, you make sure that you are drug free. We can look at this as an organisation to make plans and to put provisions in place in the not -too-distant future, but as it stands now at this point, the one thing that I can say clearly is that to be a member of the coast guard you must pass a drug test.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Hadley Cole Simons.
Mr. N. H. Cole SimonsClause 3, 5B(e), and it refers to drug testing be it the hair follicles, or blood spec imen. The question that I have is once they become members of the coast guard, will there be ongoing random drug testing after they become to ensure that while they are there, not …
The ChairmanChairmanMinister. Hon. Wayne Caines: As with all of the uniformed services you must be drug free, and there are opportun ities for random drug testing. This unit will be no different. There will be ongoing random drug testing.
The ChairmanChairmanAny further speakers ? The Chair recognises the Honourable Member Cannonier. You have the floor.
Mr. L. Craig CannonierYes. Thank you, Mr. Chai rman. I just want to move to clause 9, the commencement, the most important —
The ChairmanChairmanWe are not on clause 9. We are doing clauses 1 through 4.
The ChairmanChairmanAny further speakers? Minister, do you want to move clauses 1 through 4? Hon. Wayne C aines: I move that clauses 1 through 4 be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 4 passed.]
The ChairmanChairmanContinue, Minister. Hon. Wayne Caines: Mr. Chairman, I would like to move clauses 5 through 9.
The ChairmanChairmanContinue. Hon. Wayne Caines: Clause 5 amends the Police Complaints Authority Act 1998 by broadening the definition of a police officer to include a man or a woman of the coast guard unit. This provides members of the public a means by which they can levy and settle a complaint …
Continue.
Hon. Wayne Caines: Clause 5 amends the Police Complaints Authority Act 1998 by broadening the definition of a police officer to include a man or a woman of the coast guard unit. This provides members of the public a means by which they can levy and settle a complaint against the coast guard unit person. Clause 6 amends section 74(4) of the Police and Criminal Evidence Act 2006, by adding the Commanding Officer of the [Royal] Bermuda Regiment coast guard unit to the list of those to be consulted whenever there is a change to the Codes of Practice issued under the Act. Clause 7 amends the Police (Conduc t) Orders 2016, to mandate that the coast guard unit adhere to the provisions of this Order in relation to police con-duct and sets out a means by which a coast guard unit person can be disciplined for acts that are in contravention of his or her coast guar d unit police functions and obligations. Clause 8 amends the Police (Performance) Orders 2016, thereby mandating that coast guard unit persons adhere to the provisions of this Order in rel ation to police performance. Clause 9 is the commencement provision.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Cannonier. You have the floor. Bermuda House of Assembly Mr. L. Craig Cannonier: Thank you, Mr. Chairman. I was racing ahead of myself, let’s hurry up and get this coast guard unit going. Just one m ore question, clause 9, the …
Any further speakers? The Chair recognises the Honourable Member Cannonier. You have the floor.
Bermuda House of Assembly Mr. L. Craig Cannonier: Thank you, Mr. Chairman. I was racing ahead of myself, let’s hurry up and get this coast guard unit going. Just one m ore question, clause 9, the commencement, probably the most important question of all. Can the Honourable and Learned Minister give us an idea, an indication of time when we will commence this coast guard unit?
The ChairmanChairmanMinister. Hon. Wayne Caines: The coast guard unit 2019 . . . in the spring of 2019, the coast guard unit will take on the maritime unit, they will act as for approximately one year in tandem with the Bermuda Police Service. During that time the maritime officers first, the …
Minister. Hon. Wayne Caines: The coast guard unit 2019 . . . in the spring of 2019, the coast guard unit will take on the maritime unit, they will act as for approximately one year in tandem with the Bermuda Police Service. During that time the maritime officers first, the captain will go off to the UK for the captain’s training and there will do constant training and there will be local training which will include, but not be limited to, the training on the water, maritime training. They will do training with reference to PACE, which is the Police and Criminal Evidence Act. They will do training with reference to a whole gamut of the roles and responsibilities. They will have to do firearms training. They will be trained to Level 3 firearms training. So, during that time when they ar e on the water they will be on the water in 2019, the spring of 2019, with the Berm uda Police Service. Key members at different stages will go abroad for their training. They will come back and be subsumed back into the unit. They will work in tandem in the summer of 2019 with the Bermuda P olice Service. And we believe that it will be training wheels, if you will, where they will be working together as a unit. Directly thereafter, when everybody goes abroad and receives their training, they come back, their training is cascaded down to the team, they are able not only to have the academic training, they are able to have the seaworthy and water training, they are able to understand the provisions to be tested whether it is with the firearms training, whether it is with the nautical training, they are then able to come back and get together as a unit and, we believe, d irectly thereafter in about 18 months, there will be a standalone coast guard unit that will be able to work in and of itself in the absence of their police counter-parts. It must be noted that if there is a shortfall with reference to the coast guard, with reference to the number, we have 24 hour, 7 days a week, 365 days a year unit. And it will be broken up. The 14 coast guard members will be br oken up into two units that will work the day shift and the night shift. And if there is indeed an emergency, members from the Royal Bermuda Regiment Marine Troop will come in to help with those numbers if there is, indeed, a shortfall.
The ChairmanChairmanAny further speakers? There appear to be none. Minister do you want to move? Hon. Wayne Caines: Mr. Chairman, I move that Standing Order 21 be suspended—
The ChairmanChairmanHang on, Minister. You move clauses 5 through 9. Hon. Wayne Caines: Sorry. Mr. Chairman, I would like to move clauses 1 [sic] through 9.
The ChairmanChairmanFive through nine. Hon. Wayne Caines: Sorry. Clauses 5 through 9.
The ChairmanChairmanIt has been moved that clauses 5 through 9 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 5 through 9 passed.]
The ChairmanChairmanMove the preamble now. Hon. Wayne Caines: Mr. Chairman, I move that the Bill be reported to the House—
The ChairmanChairmanWait a minute. Hang on. The Deputy Clerk: Move that the preamble be approved. Hon. Wayne Caines: I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Any objection to that? There appear to be none. Approved. Now you can do the report to the House. Hon. Wayne Caines: I move that the Bill be reported to the House as printed or amended. The Deputy Clerk: As printed. …
The ChairmanChairmanIt has been moved that the Bill be reported to the House. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House. [Motion carried: The Defence (Coast Guard Unit) Amendment Act 2018 was considered by a Commi t3060 10 August …
It has been moved that the Bill be reported to the House. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House.
[Motion carried: The Defence (Coast Guard Unit) Amendment Act 2018 was considered by a Commi t3060 10 August 2018 Official Hansard Report B ermuda House of Assembly tee of the whole House and passed without amendment.] House resumed at 3:45 pm [Hon. Dennis P. Lister, Jr. Speaker, in the Chair] REPORT OF COMMITTEE DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018
The SpeakerThe SpeakerGood afternoon, Members. Are there any objections to the Defence (Coast Guard Unit) Amendment Act 2018 being reported to the House as printed? No objections. So moved. It has been reported and passed. We now move on to the third order of the day on the Order Paper, and that …
Good afternoon, Members. Are there any objections to the Defence (Coast Guard Unit) Amendment Act 2018 being reported to the House as printed? No objections. So moved. It has been reported and passed. We now move on to the third order of the day on the Order Paper, and that is the Bermuda Bar Amendment Act 2018 in the name of the Minister of Health. You are going to do this o ne? BILL SECOND READING BERMUDA BAR AMENDMENT ACT 2018 Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker.
The SpeakerThe SpeakerOkay. Minister of Health. SUSPENSION OF STANDING ORDER 29(1) [To allow second reading.] Hon. Kim N. Wilson: Mr. Speaker, I move that under the provision of Standing Order 30(7), that Standing Order 29 be suspended to enable the House to pr oceed with the second reading of the Bill entitled …
The SpeakerThe SpeakerContinue on, Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. Before I get into the actual formal brief, I just wanted to provide a little bit of background information. I am presenting this, as you rightly said, on behalf of the Honourable and Learned Attorney Gen-eral wh o sits …
Continue on, Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. Before I get into the actual formal brief, I just wanted to provide a little bit of background information. I am presenting this, as you rightly said, on behalf of the Honourable and Learned Attorney Gen-eral wh o sits in another place. However, there are a couple of matters that have come to my attention that I want to speak about briefly before we get into the brief. Mr. Speaker, you would know, and I have made no secret about mentioning this in the House previ ously that I also wear another hat as the superv isor to the AML/[ATF] Bermuda Barristers and Accountants Board, which has within its remit, pursuant t o legislation, the responsibility of monitoring and registering law firms and accounting firms that provide what we call specified activities in furtherance to our pursuit to ensure that we m itigate against money laundering and terrorist financing. And the Bill which we will be debating in a few minutes is effectively part of the arsenal of activities that w e have seen in the last several months with a number of pieces of legislation, with a number of pieces of legislation passed in this House for the pur-poses of ensuring that we are fully compliant with our technical submissions as it relates to the upcoming mutual evaluation. Mr. Speaker, the Bill we are about to debate has also received an extensive, albeit not as long as some people would like, consultation period in that on the 12 th of July the Bar Council sent this Bill to me mbers of the Bar Council for them to opine and offer any concerns and/or suggestions. As I am made to understand, from the president of the Bar, the consultation period ended on the . . . the end of July, the 26th. At that time there was only one letter received by Bar Council and it was addressed accordingly. I also understand from the Honourable Premier that approximately two weeks ago the Opposition also received a copy of this Bill, hence their consent to allowing us to move one, two and three readings t oday. I also have been made to understand, Mr. Speaker, that there have been as recently as this morning some further concerns that have been raised by Bar Council . . . sorry, by members of the legal pr ofession. I would like to speak about that in a few m oments. But, Mr. Speaker, if I could please read the Financial Action Task Force Recommendations, effec-tively as I go back, Mr. Speaker, as you know, that Bermuda will be subjected to a mutual evaluation from CFATF, the Caribbean Financial Action Task Force, beginning in September for two weeks, to check on the level of compliance that Bermuda has with respect to the FATF 40 + 9 recommendations. FATF is the Financial Action Task Force, and they have developed 40 recommendations that they are encouraging cou ntries to adhere to so that they can best mitigate against money laundering and terrorist financing, and a further nine recommendations follow to deal specif ically with terrorist financing. And in particular, Mr. Speaker, FATF Recommendation 28, and with your leave I would like to refer to it.
The SpeakerThe SpeakerGo ahead. Hon. Kim N. Wilson: It reads as follows (again this is the Financial Action Task Force Recommendation 28, and there are 40). It relates to regulation and superv ision of DNFBP s. And that is the acronym that refers to designated non- financial business persons which i nB …
Go ahead. Hon. Kim N. Wilson: It reads as follows (again this is the Financial Action Task Force Recommendation 28, and there are 40). It relates to regulation and superv ision of DNFBP s. And that is the acronym that refers to designated non- financial business persons which i nB ermuda House of Assembly cludes lawyers and accountants that provide specified activities. Recommendation 28 says “Designated nonfinancial businesses and professions should be subject to regulatory and supervisory measures as set out below.” And it goes on to say that “[(b)] Countries should ensure that . . . categories of DNFBPs” (again, that is lawyers and accountants that provide specified activities amongst other types of DNFBPs, but for the purposes of this legislation we are just speaking about the lawyers) “are subject to effective systems for moni toring and ensuring compliance with AML/CFT requirements. This should be performed on a risk - sensitive basis.” And “The supervisor or SRB” (which is the self-regulatory body, the board that we are speaking about for this legislation) “should also (a) take the necessary measures to prevent criminals or their associates from being professionally accredited, or hol ding or being the beneficial owner of a significant or controlling interest or holding a management function, [e.g.] through evaluating persons on the basis of a ‘fit and proper’ test; and (b) have effective, proportionate, and dissuasive sanctions in line with Recommendation 35 available to deal with failure to comply wit h AML/CFT requirements.” And I am reading that, Mr. Speaker, because again, I understand that as recently as this morning there has been some concern raised by attorneys as it relates to the powers that this legislation seeks to address. And, Mr. Speaker, if I can remind Members that . . . and, again, me wearing my other hat, when Bermuda commenced the National Risk Assessment ex-ercise, part of the exercise itself revealed a number of gaps within the Bermuda AML/ATF regime. Unfort unately, one of those gaps related to what they referred to as policing the perimeter. In other words, whether or not there was sufficient legislative enactments in our legislative remit to ensure that lawyers and/or ac-countants do not behave in criminal activity and are therefore able to participate within the legal and accounting field and/or further engage or encourage money laundering or terrorist financing. So Recommendation 28 of FATF speaks specifically to the policing of the perimeter as it relates, in this case, to the legal profession. And we did som ething similar a few weeks ago when we passed the amendments to the CPA Act [Chartered Professional Accountants of Bermuda Amendment Act 2018]. So, Mr. Speaker, with that little bit of bac kground, I would like to now go into the formal presen-tation as I am pleased to introduce the Bill entitled the Bermuda Bar Amendment Act 2018 for consideration to further enhance Bermuda’s compliance with inter-national standards set by the Financial Action Task Force, or FATF. Mr. Speaker, Members of this House and members of the listening public may have heard on many occasions that the assessment of Bermuda’s anti-money laundering and anti -terrorist financing r egime has begun. It is being conducted by the team led by the Caribbean Financial Action Task Force. And this team will visit Bermuda for two weeks starting in September. And they will undertake the onsite portion of our assessment. As I spoke about previously, we have already completed our technical compliance and they will be coming here to measure the effectiveness of our legislative regime. Mr. Speaker, as a result of the National Risk Assessment 2017, the NRA, and in view of the 40 Recommendations of FATF that are relevant to pr ofessional firms, a number of gaps have been identified in the AML/ATF supervisory regime. Those gaps are to be filled to withstand the scrutiny of this upcoming assessment. Some of the specific gaps are related specifically to members of the Bermuda Bar Associa-tion and its membership. Mr. Speaker, the general purposes of this Bill are to amend the Bermuda Bar Act 1974 (hereinafter referred to as the “principal Act”), for the purposes of further mitigating in matters in the risk to Bermuda of money laundering and terrorist financing in the legal sector. It will also make consequential amendments to the Proceeds of Crime (Anti -Money Laundering and Anti-Terrorist Financing Supervision and Enforc ement) Act 2008, and the Supreme Court Act 1905. Mr. Speaker, there are specific provisions in this Bill that are noteworthy at this juncture. In partic ular, it makes provision for every barrister and regi stered associate, and every shareholder, controller, director and senior executive who exercises control of a professional company to be a fit and proper person to engage in the practice of law. Accordingly, those persons will have to apply to the Bar Council for a fit and proper person certificate. Provision for the establishment of professional companies was made in sec-tion 16A of the principal Act in 2009. It permitted one or more barristers, each of whom holds a valid practi cing certificate to incorporate a company under the Companies Act 1981 for the purposes of providing professional services. These would be services of a sort provided by individuals who practice as barristers or act as registered associates. Mr. Speaker, c lause 3 of the Bill will amend section 9 of the principal Act by providing for the Council to make rules regulating the duties and co nduct of barristers, registered associates, and professional companies with respect to the Barristers and Accountants AML/ATF Board. And this Board has been designated with supervisory authority pursuant to the 2001 Act. Their responsibilities are to monitor regulated professional firms and independent professionals as defined by the Act. Presently, there are over 30 regulated entities. Mr. Speaker, the Bill also requires barristers to apply to the Council for practicing certificates to provide a fit and proper person test, and will also r e3062 10 August 2018 Official Hansard Report
Bermuda House of Assembly quire barristers to register wi th the Board pursuant to the Act. Right now, unless you are providing specified activities there is no requirement to be registered with the Bar CPA Board and this Bill will effectively change that. Again, all aimed to dealing with policing the pe-rimeter and ensuring that we are compliant with the gap that was identified in the National Risk Asses sment as it relates to [Recommendation] 28 of FATF. The Bill will also provide for limitations on practicing certificates or for them to cease to apply where the holder provides evidence to the Council that any conviction has been expunged or has elapsed by operation of time. In addition, where a barrister who has a practicing certificate is subject to lim itations within the Act under the 49(5) of the Proceeds of Cr ime Act, that barrister shall not assist in the pla nning or executing of the transaction that is referred to as a specified activity. And they will not be permitted to act for or on behalf of a client in relation to a transaction concerning the said specif ied activity. Mr. Speaker, this Bill is also going to amend the principal Act to ensure that barristers and regi stered associates, as well as shareholders, controllers, directors and senior executives who exercise control of a professional company must be fit and proper persons to engage in the practice of law, and that those persons must apply to the Bar Council for a fit and proper person certificate. Mr. Speaker, it will also include provisions where the evidence of a conviction of certain criminal offences, cautions by the police, breaches of regulat ory requirements, and the manner in which companies and trusts have been operated, as well as any excep-tional circumstances relating to any of those matters. The Bar Council may commission reports from persons who are qualified to provide information in this regard, and shall issue a certificate where an appl icant is a fit and proper person to engage in the prac-tice of law. The Bill also will be providing for a barrister’s practising certificate to cease to be valid upon a conviction of an indictable offence, and if the barrister wishes to apply for a practising certificate to do so they must have the leave of the court. The Bill will also provide for a barrister who is aggrieved by a determination of the Bar Council with respect to his fit and proper person certificate to a ppeal to the Supreme Court, and ultimately the S upreme Court’s determination will be final. The Bill also provides that a barrister who applies to the Council for a special practising cert ificate issued under section 12 of the principal Act relates specifically to barristers who are practicing overseas who have obtained a work permit for a particular case here in Bermuda that they must also provide a certif icate with their application and i t must, in turn, be i ssued by the relevant authority in the jurisdiction of that particular legal practice. For example, if there is an attorney that is coming to Bermuda who is a member of the UK Bar and they are making application here through Imm igration, et cetera, to present a case here, they must have an equivalent fit and proper person certificate from the Bar in the UK, or whatever jurisdiction they are coming from. The Bill is also, Mr. Speaker, requiring a person who is applying to Council for registration as an associate to also provide a fit and proper person certificate with their application. And the Bill will also be making consequential amendments with respect to, again, the shareholders, directors, controllers , and the senior executives who exercise control of a professional company for them to have a valid fit and proper person certificate. I think that is a pretty brief overview, Mr. Speaker.
The SpeakerThe SpeakerMm-hmm. Hon. Kim N. Wilson: In closing, Mr. Speaker, you will note that this Bi ll has actually already been passed through the Senate and that this is in furtherance of the Government’s commitment to ensure, as best as possible, that we meet with our technical compliance as well as …
Mm-hmm.
Hon. Kim N. Wilson: In closing, Mr. Speaker, you will note that this Bi ll has actually already been passed through the Senate and that this is in furtherance of the Government’s commitment to ensure, as best as possible, that we meet with our technical compliance as well as our effectiveness compliance as it relates to the upcoming Mutual evaluation to be led by CFATF and that it is in furtherance of the commitment that we had with respect to other pieces of legislation to address and identify a number of gaps that have been presented once the national risk assessment process had been completed. With that, Mr. Speaker, I do welcome input from colleagues here. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Moniz. You have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I will declare that I am a member of the Bar, like the Mini ster who gave the brief. We …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Moniz. You have the floor.
Hon. Trevor G. Moniz: Thank you, Mr. Speaker. I will declare that I am a member of the Bar, like the Mini ster who gave the brief. We are in broad support of it, Mr. Speaker. We do not know what the template was or where this came from, whether this is cop ying provisions from another jurisdiction, if it is the same as the UK, or if it came from somewhere that one could compare it to. That is one of the questions. It sets up these requirements, and obviously a member of the Bar needs to be a fit and proper pe rson. We do not have any arguments with that. Of course, some of the devil is in the detail here, and we have been looking at that. The finer matters we will take up in Committee. But I just wanted to foreshadow some of that. In some of the circumstances they are very broad. Certainly, in some of the circumstances
Bermuda House of Assembly talking about people having criminal convictions, certainly there are members of our Bar who would not have been able to practice had this been in force at the time that they came to practice, al beit that the pr ovisions in here direct the Bar Council to take into account these factors, it is clear that if someone had a serious criminal conviction they would not be able to be adjudged to be a fit and proper person. Also, with respect to some of the other matters, it refers to some matters of insolvency and bankruptcy and it refers to a person being a shareholder of a company . . . it could be an unrelated company, not related to legal practice. So if someone is a shar eholder of a company, it could be a large, public company. You know, it could easily be a large, public company. You see these companies going bankrupt or becoming insolvent, going into bankruptcy protection, particularly in the US. It is very common. And it reflects not at all on the i ndividual shareholder. So why that individual shareholder would be punished for that in saying that that was a black mark on their rec-ord that would have to be considered against them by the Bar Council seems to be ridiculous; it seems to take it too far altogether. I see in addition that there are provisions here where someone is being rebuked or reprimanded or even received a warning about his conduct by a regulatory body . I mean, generally, those provisions are on different levels of seriousness. When s omeone r eceives a warning it is extremely low level and usually they are not reportable to any other body than the body which gives the warning. Therefore, it is for i nternal use only. Likewise, it talks about someone disclosing a police caution if it is under any of the matters referred to in subsection (4) of the proposed [section] 10E involving financial and pecuniary matters. Normally those are not reportable. That is the whole point of a police caution, that it is not reportable. So we just think that the devil is in the detail here. It seems to have cast its net very broadly. We have some questions about the drafting, whether some of these things had been done in haste, and, therefore, may need some correction. But we can address those in more detail in Committee. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Deputy Opposition Leader. Honourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker . Mr. Speaker, I recognise that, again, this is legislation that is in furtherance of our Mutual Assi stance review and, in fact, there was a consultation period, but the consultation period was extremely short. The challenge when you have a consultation period that is essentially …
Thank you, Mr. Speaker . Mr. Speaker, I recognise that, again, this is legislation that is in furtherance of our Mutual Assi stance review and, in fact, there was a consultation period, but the consultation period was extremely short. The challenge when you have a consultation period that is essentially two weeks in the middle of the summer, and right before Cup Match, is that pe ople are not paying attention. And unfortunately we were not able to get together as a group to kind of set out what our concerns were. In any event, I did send our concerns to the Minister. I recognise that these are amendments that are going to allow for us to be in compliance with what the CFATF requirements are. I do hope, though, that while I do not think that any amendments will be made today , that there will be some consideration given to the concerns that we raised, and, if necessary, at a later date there can be some amendments so that we can have a fulsome piece of legislation. I do have some technical points that I would like to address and I will do so in Committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Pearman. You have the floor.
Mr. Scott PearmanMr. Speaker, like the three speakers before me, I declare my interest as a barri ster and attorney in Bermuda. Mr. Speaker, my points can also be dealt with in Committee, but let me just take these points in the round. Two weeks ago we dealt with a whole host …
Mr. Speaker, like the three speakers before me, I declare my interest as a barri ster and attorney in Bermuda. Mr. Speaker, my points can also be dealt with in Committee, but let me just take these points in the round. Two weeks ago we dealt with a whole host of Bills which amounted to international regulatory imposition on Bermuda’s business. And at that time, I made very clear that I was not being critical of the Minister proposing the Bills, nor the team at the BMA and elsewhere, who had put a lot of work and effort into composing the Bills. Nevertheless, let me say this: Like some of the Bills we reviewed two weeks ago, this is a sledgehammer to crack a nut. This goes far too far. And let me please make this plea to the Government, to the Opposition, and to the technical offi cers who help deal with international regulation. When an external body tells us to jump, that does not mean jump three or four times, or even higher than they ask. This Bill goes far too far. It has been prepared by someone without any detailed knowledge of the local profession and what it really means to be a lawyer. The suggestion that a lawyer who is a shareholder in a public company is somehow not a fit and proper person if that public company becomes insolvent is nonsensical, with respect, Mr. Speaker . Anyway, I have four substantive points, which I will make in Committee. But I just make that general point as a plea to all of us in this room, because these people are not our friends. They do not wish us to survive. And unless we push back sensibly, po litely, but push back, we will not survive. Thank you, Mr. Speaker.
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Bermuda House of Assembly The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor.
Hon. Michael J. Scott: So, Mr. Speaker, the Bill is in the competent and capable hands of the Minister of Health, and two barristers of the House, Learned Members, have spoken and they have made their views plain. The last Honourable Member, Mr. Pearman, referenced the weight of legislation that has been pi-loted almost single- handedly by the Minister of Health to deal with this important assessment. Now, that has got to be . . . I do not know how Honourable Members and Honourable and Learned Members expect the Minister of Health and the Attorney General to ba lance the requirement for assessment to be met and complied with. I heard on the radio (as I was out) the Minister reference section 28 of the FATF , [recommendation] 28, and it gives us no wi ggle room. To the very point that the Honourable and Learned Member, Mr. Pearman, raised, I mean insolvency resulting in non- fit and proper status . . . I mean, we cannot afford to have the insolvency status unsanctioned. We have had the Panama situation. That was not insolvency, but it certainly was a regime that was allowed to be within the law practice unaddressed in terms of compliance with the requirements for looking after client data. So, what the raft . . . with your permission, sir . . . what the raft and drive of all of this legislation, some eight pieces of legislation, is aimed at is to establish a standard and to comply with it sufficient to the satisfaction of our assessors. It is very clear that when we came in [Government] July the 19 th, the former Minister of Finance obviously had no appetite for this, and maybe we are getting schooled as to why we were burdened with having to be in the House in A ugust dealing with these matters up until today. But the Minister of Health is to be commended as partnering with Chambers in bringing the Bermuda Bar Amendment Act ; the Charities Amendment Act ; four drafts of the Proceeds of Crime ( Miscellaneous ) Acts, Numbers 2, 3, and 4 ; the Chartered Professional Accountants of Bermuda [Amendment] Act; and the Pr oceeds of Crime (Anti -Money Laundering and Anti -Terrorist F inancing Supervision and Enforcement) Amendment Act. So that has to be, and has now been accomplished by this administration. And it is a good thing. For example, it is good for practices, and I declare that I am a practicing attorney in Bermuda, a barrister and attorney in Bermuda. It will be important as it will drive within all practices dealing in that configuration that I heard the Minister of Health refer to that describes accountants and la wyers. It is going to help us, certainly, with the overall overarching objec-tive of compliance with AML/ATF. The accounting and barristers’ accounts are going to be improved as a consequence, or at least attentiveness and more steadied attentiveness to com plying with the already very well established rules for barristers’ accounts. Business continuation is going to be i mproved. And what I also believe will happen is that there are going to be models applied to all of our firms, from small to great, the small and the good, to have these kinds of platforms in place within practices so that it is a robust, robust and rigorous new set of platforms in place connected with persons monitoring movement of client matters, client funds that comply with the assessor’s standards that have been set. So I think that is a benefit that will accrue from this layer of legislation that I have listed being now applied across the board to attorneys’ practices and accountants’ practices. Mr. Speaker, the response by the Progres sive Labour Party Government has been deliberative, it has been methodical, it has been strategic, it has been purposeful. And it has been dogged, and at last on this last day with the Bermuda Bar Amendment Act, we have reached the end of all of the pieces of compliance, something that when we faced it in July, we wondered how it is and was that none of this had been begun, at least, by the OBA Government. But today we can make declaration that a milestone has been achieved and we have accomplished it. This is a very good thing. It does not lie in the mouth of Honourable Members on the other side to, in the dying embers of this extraordinary process, to state that it is going to be nonsensical. It is very deliberative. It is sensible. And it is the world in which we live. And Bermuda will continue to comply, adjust , and make adjustments based on information coming back from barristers’ practices. Thanks, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Minister, it looks like you can wrap us up. Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I thank honourable and learned colleagues who helped to contribute to this debate. Mr. Speaker, we are actually living in …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? Minister, it looks like you can wrap us up.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. And I thank honourable and learned colleagues who helped to contribute to this debate. Mr. Speaker, we are actually living in a different time. It is a new world order. And the manifest ation of money laundering and terrorist financing has been evidenced. All one needs to do is look in the newspaper, look at the news reports and you will see episodes and instances of money laundering and terrorist financing. Any jur isdiction that is named as a conduit, that has been used as a conduit , for money laundering and terrorist financing, will face terrible reputational risk. Bermuda, as an international financial centre must take steps to adhere to the international stan dBermuda House of Assembly ards of FATF. And, yes, many colleagues would probably rightfully say that we may be going overboard, using a sledgehammer to crack a nut. Regrettably, it is the new world order, and regrettably that is the pos ition that we find ourselves in. We will be monit ored by a group coming from CFATF who are going to be en-suring that we, as a jurisdiction, are adhering to the FATF Recommendations. And recommendation 28 speaks directly to the gaps that were identified in the National Risk Assessment in Bermuda as a juri sdiction, some of the gaps which this Bill seeks to close. So, regrettably, it is the circumstance that we are in. There will no doubt be more legislation coming as it relates to our development of Bermuda’s anti - money laundering terrorist financing regim e after the assessment takes place. There may be more gaps that are identified which we will have to try and plug. But at the end of the day it is about reputational risk and none of us in this room or in this country want to wake up to a poor report or a reputational risk that Bermuda was used as a conduit for money launder-ing, or, God f orbid, terrorist financing. So, with that, Mr. Speaker, I would like to move that this Bill now be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy. House in Committee at 4:18 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA BAR AMENDMENT ACT 2018
The ChairmanChairmanHonourable Members, we are now in Committee of the whole House for further consider ation of the Bill entitled the Bermuda Bar Amendment Act 2018 . Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clauses 1 through 10, please.
The ChairmanChairmanContinue. Hon. Kim N. Wilson: Thank you. Mr. Chairman, the Bill seeks to amend the Bermu da Bar Act 1974, the principal Act, for the purposes of further mitigating and managing the risk to Bermuda of money laundering and terrorist financing in the legal sector, and to make related amendments …
Continue.
Hon. Kim N. Wilson: Thank you. Mr. Chairman, the Bill seeks to amend the Bermu da Bar Act 1974, the principal Act, for the purposes of further mitigating and managing the risk to Bermuda of money laundering and terrorist financing in the legal sector, and to make related amendments to the Proceeds of Crime (Anti -Money Laundering and Anti-Terrorist Financing Supervision and Enforc ement) Act 2008, and the Supreme Court Act of 1905. Clause 1 is self -explanatory. Clause 2 amends section 1 of the principal Act by inserting a definition for “director, controller and senior executive.” It al so inserts a definition for “fit and proper person certificate” which is to be issued by the Bar Council. Clause 3 amends section 9 of the principal Act by providing for the Council to make rules regulating the duties and conduct of barristers , registered associates , and professional companies with respect to the Barrister and Accountants AML/ATF Board. Clause 4 amends section 10 of the principal Act by requiring a barrister who applies to the Council for a practicing certificate to provide a fit and proper person certificate with his or her application. Section 10 will also require a barrister to register with the Board pursuant to Part 4A of the Proceeds of Crime (Anti-Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act 2008, in order to be issued with the practicing certificate, and for the firm of which he or she is a partner or an employee, or the professional company of which he or she is a member is to also be so registered. Clause 5 amends section 10A of the principal Act b y providing for limitations on a practicing certif icate to cease to apply where the holder provides ev idence to the Council that any conviction has been expunged or has elapsed by operation of time. Clause 6 amends the principal Act by inser ting section 10CA which provides that where a barri ster whose practicing certificate is subject to limitations in respect of the specified activities mentioned in section 49(5) of the Proceeds of Crime Act 1997, that barristers shall not assist in the planning or executi on of a transaction or otherwise act for or on behalf of a client in a transaction concerning a specified activity. Clause 7 amends the principal Act by inser ting sections 10E, 10F , and 10G. Section 10E provides for every barrister and registered associate, and every shareholder, controller, director , and senior executive who exercises control of a professional company to be fit and proper persons to engage in the practice of law and for those persons to apply to the Bar Council for a fit and proper person certificate. Section 10E also pr ovides matters which the Council shall have regard to in making its determination. These include evidence of conviction of certain criminal offences, cautions by the police, breaches of regulatory requirements, the manner in which companies and trusts have been operated, as well as any exceptional circumstances relating to those matters. Again, I would just like to pause and repeat that aspect. This is what the Bar Council can rely upon with respect to the issuance of the fit and proper person certificate. The provisions, as I have indicated, do speak about evidence of the conviction of certain criminal offences, cautions by the police, breaches, as well as any exceptional circumstances relating to those matters, Mr. Chairman. So that gives the Bar Council wide remit. Obviously, as barristers we recog3066 10 August 2018 Official Hansard Report
Bermuda House of Assembly nise that the Council does have the power under their Rules to entertain certain circumstances, and in this particular case, they will hav e the power to entertain other circumstances as well. So, if a person has been charged with GBH [grievous bodily harm] because they ran over somebody’s toe, and it was indictable, then obviously the Bar Council has the power to go into those circumstances and understand exactly what all the other circumstances are. So, I am pausing here to just make sure that colleagues are aware . . . sorry, not colleagues, Members of the House, that it does speak to the power of the Bar Council. Mr. Chairman, the Council also may commi ssion reports from other persons w ho are qualified to provide information in this regard, and shall issue a certificate where an applicant is a fit and proper person to engage in the practice of law. Section 10F provides for a barrister ’s practicing certificate to cease to be valid upon his or her conviction of an indictable offence, for a barrister to give notice of his conviction to the Council ; and if the barrister wishes to apply for a practicing certificate to do so with the leave of the Court. Section 10G provides for a barrister who is aggrieved by the determination of the Bar Council with respect to his fit and proper person certificate the right to appeal to the Supreme Court, and the Supreme Court’s determination is final. Clause 8 amends section 12 of the principal Act to require a barrister who applies to the Council for a special practicing certificate to provide a certif icate with his or her application , issued by the relevant authority in the jurisdiction of his legal practice , attesting to the matters referred to in section 10E respecting fit and proper persons ; and for the Council to issue a special practicing certificate subject to the limitations referred to in section 10CA if necessary. Clause 9 amends section 14 of the princ ipal Act by requiring a person who is applying to the Council for registration as an associate to provide a fit and proper person certificate with his application. Clause 10 amends section 16 of the principal Act by providing for the Registrar to remove the name of a registered associate from the Register if he is convicted of an indictable offence. And if I can pause real quickly there, Mr. Chairman, I would like to just . . . there was a question asked previously that I did not actually address, and that some of the amendments here that we seek t oday come from the Law Society of the United King-dom’s . . . the UK’s Society . . . Solicitors Regulations Authority Board. That is where the fit and proper person requirements come from. That is the UK’s Solic itors Regulations Authority Board. I will get that for you. But that is where the fit and proper person r equirement comes from. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member, Trevor Moniz. Hon. Trev or G. Moniz: [Microphone off ]
The ChairmanChairmanDo you have your microphone on? Hon. Trevor G. Moniz: Sorry. Under clause 7, the new proposed 10E defining fit and proper persons. The proposed subsection (4), which says, “The Cou ncil shall consider the previous conduct and activities in business or financial matters of the person . . . …
Do you have your microphone on?
Hon. Trevor G. Moniz: Sorry. Under clause 7, the new proposed 10E defining fit and proper persons. The proposed subsection (4), which says, “The Cou ncil shall consider the previous conduct and activities in business or financial matters of the person . . . .” B elow it lists things. Normally in my experience, and perhaps there is a new practice now, but normally we would see and “and” or an “or” at the end of each listed item to show whether it is conjunctive or disjunc-tive. In other words, whether those [subparagraphs] , (i), (ii), (iii), (iv), were to be considered together or separately. They must be considered separately. I would have thought there would be an “or” stuck in there.
The ChairmanChairmanAny further speakers? Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. And I thank the Honourable and Learned Member for that question. I did raise that, actually, with the Attorney General. And she indicated that, and my Honourable and Learned former Attorney General, will probably be aware of it, …
Any further speakers? Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. And I thank the Honourable and Learned Member for that question. I did raise that, actually, with the Attorney General. And she indicated that, and my Honourable and Learned former Attorney General, will probably be aware of it, there is a provision, it is like a slip rule, under the Auto . . . I don’t remember the legislation. But there is power . . . it’s like the slip rule, exactly . There is power under the legislation so that when there are provisions like this that do not affect the actual mischief behind the act, but they are just slips, an “or” or an “and.” The Computerisation Act, or som ething like that. But you are absolutely right, so that will be addressed, because that was something that was pointed out this morning. Thank you.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Leah Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. I would like to start on page 2 of the amended legislation, clause 3, which amends section 9. And it says, “The principal Act is amended in section 9(1)” and I am referring to clause 3( b) where it talks about, in paragraph (bb)(iii), “by inserting …
Thank you, Mr. Chairman. I would like to start on page 2 of the amended legislation, clause 3, which amends section 9. And it says, “The principal Act is amended in section 9(1)” and I am referring to clause 3( b) where it talks about, in paragraph (bb)(iii), “by inserting after ‘c ompanies’ the words ‘ , including the duties and conduct of pr ofessional companies with respect to the Board . . . .’” Now, all throughout the legislation it refers to the Board as the Barristers and Accountants AML/ATF Board. So my question is just for the purposes of consistency and clarification, can it be amended to have the same reference so that we are not thinking there is some other Board that they may
Bermuda House of Assembly be referring to? Or it may be that in the primary legi slation that the word “Board” is defined, but that is not indicated here. I have several questions. I don’t know if you want me to sit down between each one to get the an-swer, or . . . I don’t know how you want to handle it.
The ChairmanChairmanMinister, do you want to reply to that? [Inaudible reply]
The ChairmanChairmanLet me say that this debate is go verned by this Chair. Okay? So will you answer the question, please? Hon. Kim N. Wilson: The question that the Honour able and Learned Member asked was with respect to the definition of “Board.” The definiti on of “Board” can be found …
Let me say that this debate is go verned by this Chair. Okay? So will you answer the question, please? Hon. Kim N. Wilson: The question that the Honour able and Learned Member asked was with respect to the definition of “Board.” The definiti on of “Board” can be found at section 25A of the Proceeds of Crime Act 1998 .
The ChairmanChairmanMember? Any further speakers? The Chair recognises the Honourable Member Leah Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. Okay, on page 3 of the amendi ng legislation, which amends section 10(3) of the principal Act, I would like to go refer to section 10(3) —
The ChairmanChairmanSection 10 . . . you are on page 3.
Ms. Leah K. ScottI am on page 3. And page 3 . . . or, sorry, it starts on page 2 with “A mends section 10. ”
Ms. Leah K. Scott“The principal Act is amended in section 10(3)” . . . and then over the page [paragraph] (h) “with respect to the Barristers and Accountants AML/ATF Board, he provides evidence that —(i) he is registered with the Board as required by section 30C of the Proceeds of Crime (Anti -Money …
“The principal Act is amended in section 10(3)” . . . and then over the page [paragraph] (h) “with respect to the Barristers and Accountants AML/ATF Board, he provides evidence that —(i) he is registered with the Board as required by section 30C of the Proceeds of Crime (Anti -Money Laundering and Anti . . .” So there are three clauses in there. My question is, or my comment is, not all la wyers are required to be registered under section 30C. For example, there are in- house lawyers, general counsel . I don’t work for a law firm; there are gover nment lawyers that do not work for a law firm. So they should still be able to practice without having a practicing certificate. So the way the legislation is currently drafted, it could prevent these lawyers from getting a practicing certificate because they would not be able to comply with [paragraph] (h). So, is there any ability to perhaps amend the wording so that it is clear so that people who do not require a practicing certificate can still be registered?
The ChairmanChairmanAny further speakers? Minister? Hon. Kim N. Wilson: Thank you, Mr. Chairman. The new section 10(3)(h)(ii) ends with the word “or.” Therefore, an in -house lawyer would come under the provisions of 10(3)(h)(iii). Also, as gover nment lawyers are not employed by a firm, section 10(3)(h) does not apply to …
The ChairmanChairmanAny further . . . Ms. Scott, continue.
Ms. Leah K. ScottThank you, Mr. Chairman. Moving on to section 10(3)(h) (iii) on page 3, “the professional company of which he is a member or an employee is registered with the Board as required by section 30[C]” . . . a professional company . . . I work for a trust company. …
Thank you, Mr. Chairman. Moving on to section 10(3)(h) (iii) on page 3, “the professional company of which he is a member or an employee is registered with the Board as required by section 30[C]” . . . a professional company . . . I work for a trust company. And that is not, in my interpretation . . . is that company considered to be a pr ofessional company? Would a person who works as a general counsel for an insurance company be consi dered a member of a professional company? Or is a professional company only a firm that has been established by somebody that is a lawyer that does not work for a law firm?
The ChairmanChairmanAny further questions? Minister. Hon. Kim N. Wilson: Mr. Chairman, with your leave, if I could just stand down for a moment and speak to the technical staff.
The ChairmanChairmanCertainly. [Pause] Hon. Kim N. Wilson: Thank you.
The ChairmanChairmanMm-hmm. Hon. Kim N. Wilson: Thank you, Mr. Chairman, for your leave. A professional company is defined in the pri ncipal Act, the Bermuda Bar Act 1974 under the interpretation section, section 1, as a company that holds a “valid certificate of recognition.” So it is in the substantive Act.
The ChairmanChairmanAny further questions? The Chair recognises Ms. Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. On page 3 of the new amended legislation, clause 5, which amends section 10A, it says, “The principal Act is amended in section 10A” and then (2) “Upon the holder of a practising certificate that is subject to limitations” and then it sets out what the …
Thank you, Mr. Chairman. On page 3 of the new amended legislation, clause 5, which amends section 10A, it says, “The principal Act is amended in section 10A” and then (2) “Upon the holder of a practising certificate that is subject to limitations” and then it sets out what the limitations are. And under [new subsection (2)(b)] 3068 10 August 2018 Official Hansard Report
Bermuda House of Assembly “producing evidence satisfactory to the Council that any conviction has been expunged or has elapsed by operation of time . . .” So the question that the legal community is asking is what conviction? There is nothing in section 10A of the principal Act that t alks about limitations being imposed due to a conviction. And the Bermuda Bar Act does not talk about convictions, other than in the context of breaches of the legislation. So what convictions are being referred to? The other question is, assume that a la wyer is bankrupt and also has a conviction, this section act ually says when one of these two has been resolved the limitations shall cease to apply. Is that the intent?
The ChairmanChairmanMinister? Hon. Kim N. Wilson: Thank you, Mr. Chairman. To answer the s econd question first, the legi slation does provide for an “or,” so it is disjunctive. So it is being discharged from a bankruptcy, or, “producing evidence satisfactory to the Council that any convi ction has been expunged …
Minister? Hon. Kim N. Wilson: Thank you, Mr. Chairman. To answer the s econd question first, the legi slation does provide for an “or,” so it is disjunctive. So it is being discharged from a bankruptcy, or, “producing evidence satisfactory to the Council that any convi ction has been expunged . . .” And as I indicated in the brief, the conviction is with respect to an indictable offence and the ev idence that needs to be proved to confirm that it has been expunged would be, as you know in our jurisdi ction we do have a rehabilitation of offender’s certif icate. After X number of years it is expunged or, alternatively, because it has elapsed by operation of law.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member, Leah Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. On page 4 of the legislation, under [clause] 7, which inserts sections 10E, 10F, and 10G, it talks about . . . oh, sorry, Mr. Chairman. I also want to speak to . . . let’s go back to page 3, section 10A. No, sorry. Now …
Ms. Leah K. ScottOkay, I’m back on page 4. That is the right one. Section 10E(1), that refers to “Fit and proper persons.” Section 10E(1) says, “Every Barrister and registered associate, and every shareholder, controller, director and senior executive who exercises control of a professional company, must be a fit and proper person …
Okay, I’m back on page 4. That is the right one. Section 10E(1), that refers to “Fit and proper persons.” Section 10E(1) says, “Every Barrister and registered associate, and every shareholder, controller, director and senior executive who exercises control of a professional company, must be a fit and proper person to engage in the practice of law.” I have not seen a definition of “senior exec utive” in the legislation. And this would prevent a law firm from hiring an accountant to be its CFO, or IT pr ofessional, or CTO. Is that the intention? I know I worked at Appleby and Jamie Jardine was for years a partner, even though he was not a lawyer. He was an accountant. And section 16B(3) [of the principal Act] specifically permits directors who are not a fit and proper person to engage in the practice of law. And “controller” is undefined in the legislation, or I have not been able to find the definition of a “controller.”
The ChairmanChairmanContinue. Are you finished? Okay. The Chair recognises the Honourable Member Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Chairman. The senior executive, the controller are defined in the provisions and platform for corporate service provider legislation as a matter of . . . just as an example, so …
Continue. Are you finished? Okay. The Chair recognises the Honourable Member Michael Scott.
Hon. Michael J. Scott: Thank you, Mr. Chairman. The senior executive, the controller are defined in the provisions and platform for corporate service provider legislation as a matter of . . . just as an example, so under that, and I know that the Honour able and Learned Member knows about CSP type of requirements for senior executives and controllers. So you can have engaged in your practice you accountant or your CPA who can serve as a senior executive. So that helps to just give you a sense of how it will operate in a practice. And some perhaps may have a compliance officer within a law practice that is going to serve as your compliance officer. So I just give the CSP example, Mr. Chai rman. And I declare an interest. I have been concerned in making an application so I know that these are the actual requirements that indicate what a senior exec utive can be, and should be, in the context of a practice who is wishing to comply with or make an application and get a licence under a CSP licence. But they cer-tainly can be in the law firm context, carry out functions either as compliance officer; obviously the CPA is going to carry out their accounts.
The Chai rman: Any further speakers? Minister.
Hon. Kim N. Wilson: Just to add a little bit of clarific ation, clause 2 actually defines a controller as well as a senior executive.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Le ah Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. Continuing on page 4 of the amending legisl ation, [new section] 10E(4), which says, “The Council shall consider the previous conduct and activities in business or financial matters of the person, and shall have regard in particular to . . .” and then it lists a …
Thank you, Mr. Chairman. Continuing on page 4 of the amending legisl ation, [new section] 10E(4), which says, “The Council shall consider the previous conduct and activities in business or financial matters of the person, and shall have regard in particular to . . .” and then it lists a whole bunch of things that it shall have regard to. Lawyers are generally not very good business people, which is why they hire controllers and acBermuda House of Assembly countants. However, because they are bad busin ess people does not mean that they should not be able to practice law.
Ms. Leah K. ScottSo the subsections list things that should be considered and what arises when a la wyer’s bad practices would be considered, but does the inability to not be a good businessman preclude a lawyer from being a lawyer? That is my question. Then, evidence that the person has been convicted …
Ms. Leah K. ScottSo, the person has been convic ted by a court of more than one criminal offence, “[(a)(i)] for which the person received a custodial or suspended sentence.” So, suppose you have a lawyer that is co nvicted, maybe of drunk driving, or domestic violence, or possession of marijuana. Does that …
So, the person has been convic ted by a court of more than one criminal offence, “[(a)(i)] for which the person received a custodial or suspended sentence.” So, suppose you have a lawyer that is co nvicted, maybe of drunk driving, or domestic violence, or possession of marijuana. Does that make him a bad person, or somebody who just makes stupid dec isions? Does that affect his ability to practice as a la wyer? And should that be the basis upon which a la wyer should not be allowed to practice? Same section 10E(c) “material evidence that the person has been responsible for behaviour which — is dishonest or violent.” So, if I believe that spanking my children is okay, does that make me vi olent and I cannot practice law? If I go to a bar, and I get into a fight with somebody, does that make me violent and should prohibit me from practicing law? And finally, same section 10E(d), “th e regul atory history of the person, in particular whether the person” and then it has a whole bunch of things, and I am looking at (d)(ii), which says, “matters relating to the operation of companies, trusts, and legal arrangements, in particular whether t he person— (i) has been removed or disqualified as a company director or trustee;” or “(ii) is or was a shareholder, controller, director or senior executive of a body corporate which has been the subject of a winding up order or recei vership order, or has otherwise been wound up or put into receivership or administration in circumstances of default on any debt or insolvency.” As a Bermuda lawyer, I am a director of probably 600 companies. And I am not necessarily r esponsible for the administration of all of those companies. We get removed as director all the time. So, it does not have anything to do with my ability to be a lawyer, it just means there is a transition in the com-pany. So, notwithstanding that, it seems that we would be caught by this subsecti on. So how are they going to address that? And I think that is . . . 10F, that is invalidation of a practising certificate.
Ms. Leah K. ScottSo, on page 6, “Practising certif icate invalidated on conviction” It says, “If a barrister who holds a practising certificate issued under section 10 is convicted of an indictable offence, the practising certificate shall cease to be valid.” So I guess my question is . . . I am a …
So, on page 6, “Practising certif icate invalidated on conviction” It says, “If a barrister who holds a practising certificate issued under section 10 is convicted of an indictable offence, the practising certificate shall cease to be valid.” So I guess my question is . . . I am a private client lawyer, so I do not know what all of the indict able offences are. But I bet there are a whole bunch of them that do not have anything to do with a lawyer’s ability to practice law. So, can they have specific i ndictable offences that would cause a lawyer not to be able to practice? Have they looked at all the indictable . . . because you do not want somebody to be convicted of something that has nothing to do with their ability to be a lawyer.
Ms. Leah K. ScottAnd I think that is it for that section 10. The next one is s ection 12. So thank you, Mr. Chairman.
The ChairmanChairmanMinister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I can answer those somewhat briefly. The first series of questions asked by my Honourable and Learned [Deputy] Opposition Leader were all related to section 10E which deals specifically with fit and proper. And as I indicated in the brief, Mr. …
Minister.
Hon. Kim N. Wilson: Thank you, Mr. Chairman. I can answer those somewhat briefly. The first series of questions asked by my Honourable and Learned [Deputy] Opposition Leader were all related to section 10E which deals specifically with fit and proper. And as I indicated in the brief, Mr. Chairman, these are factors that the Bar Council shall have r egard to. So if a person is making an application for a Fit and Proper Certificate, there are a number of pr ovisions under the Act as proposed that the Council can have regard to. The Council themselves will have an opportunity to discuss this. The Professional Com-plaints Committee (I’m sorry) will have an opportunity to look at all of these. They wi ll assess, based on the merit, et cetera. It is a committee that has been in operation for many, many years. They are used to handling complaints from members of the public about barristers, et cetera, so this Committee is quite adapted to having deliberat ions. And these are just further factors that they can have regard to as it r elates to the Fit and Proper Certificate. Also with respect to the last question as it r elates to the indictable offences, yes, there are many indictable offences under the Summary Offences Act, as well as the Criminal Code. However, at the end of the day the objective of this legislation as it relates to 3070 10 August 2018 Official Hansard Report
Bermuda House of Assembly these two particular provisions is twofold. One, is to (and I am quoting the consultants that came down from the National Risk Assessment), control, police the perimeter. We have to have a professional . . . which is one reason why the Bar Council supported this so heavily, because they want to be able to have extra powers to ensure that persons that enter into this honourable profession are just that, honourable. And in order to receive a Fit and Proper Certi ficate, there are a number of conditions that have to be met. Likewise, if an individual is convicted of an i ndictable offence, oftentimes the profession of law is an honour able profession. And there are certain offences that, upon conviction, could cause any right -thinking member of the public to wonder and question who is allowed into that profession. But the reality is that not only does the Council have the power to utili se or to consider all of these factors under 10E, if a person is aggrieved by a decision of the Council to remove their Fit and Proper Certificate, they have a right of appeal to the Supreme Court. So we do have that level of appeal over the Council. And then also, Mr. Chairman, in closing, a barrister (with respect to the last question) whose practicing certificate has ceased to be valid under [10F] subsection (1), because they have an indictable offence, may, with leave of the court, make another applic ation for a new practicing certificate to Bar Council. Bar Council recognises that there are some administrative issues that have to be addressed here. And no doubt one of them will be to make sure that a hearing, if a practicing certificate has been withdrawn, and a person appeals to the court, and the court a llows them to apply for the new practicing certificate, certainly that the Bar Council will ensure that their administrative practices are sufficient enough so that that process can take place on a ti mely basis so that nobody is going to be prejudiced financially or otherwise. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member, Mr. Pearman, from constituency 22.
Mr. Scott PearmanMr. Chairman, I have five points. I do not know if you want me to take them point by point or altogether.
The ChairmanChairmanDo the first one first, and then we will see.
Mr. Scott PearmanYes, indeed. Mr. Chairman, the first two points are actually really typographical matters. Indeed, I know my ho nourable and learned friend just referred to the slip rule, which I am glad to hear about exists in this House. If we go to page 4 of the Bill, all five …
Mr. Scott Pea rmanIf we go to page 4 of the Bill, where we see clause 7, it starts by inserting a new 10E, a fit and proper persons test. It is a very small point, but under 10E(4), we see the subsections are lettered (a), (b), (c), (d). We turn the page …
If we go to page 4 of the Bill, where we see clause 7, it starts by inserting a new 10E, a fit and proper persons test. It is a very small point, but under 10E(4), we see the subsections are lettered (a), (b), (c), (d). We turn the page over and we see that the next subsection is also lettered (d), when it should be (e). So that is hopefully a slip rule typo point. And the second point which I will suggest is a slip rule typo point, although the Minister may not agree with me, is if we go, please, t o 10F(1) on page 6 of the Bill, and we see 10F, it is the section headed “Practicing certificate invalidated on conviction.” And we have been talking about this. And it is a question of fairness. Convicted for what? Well, right there at 10F(1) it says co nvicted of an indictable offence. And so I will make the bold submission that wherever else criminal offences are mentioned in this Bill, it should also say “indictable criminal offence.” If we go back to page 4, at clause 7 inserting 10E, we go down to subclause (4)(a) and (b), we see there two references to “criminal offence” omitting the word “indictable.” And clearly, the logic of this Bill, gi ven the section we just looked at, the word “indictable” should be inserted there under the slip rule as a mat-ter of fairness. So those are the two typos, Mr. Chairman. Should I wait to hear back from the Minister, or pr ogress?
The ChairmanChairmanNo. Let’s get the Minister’s reply first.
Mr. Scott PearmanYes. Hon. Kim N. Wilson: Thank you, Mr. Chairman, and thank you to my honourable and learned friend for raising that. The slip rule provisions will apply and it is the Computerization and Revision of Laws Act that will apply to those omissions. Thank you.
Mr. Scott PearmanMr. Chairman, I then have three substantive points which I would suggest are still non - contentious, but I will . . . and these were provided in advance to the Minister so hopefully they are not taking her by surprise. The first of these three, a gain in [clause] …
Mr. Chairman, I then have three substantive points which I would suggest are still non - contentious, but I will . . . and these were provided in advance to the Minister so hopefully they are not taking her by surprise. The first of these three, a gain in [clause] 7, again under the fit and proper [person] test, where we look at the section to which the Honourable Member had already referred, 10E(1), we are dealing with a number of persons, a number of category of persons, Mr. Chairman. We see, “shareholder,” “controller,” “director,” “senior executive.” All of these persons are allegedly fit and proper persons to engage in the pracBermuda House of Assembly tice of law. And, respectfully, that is not correct, b ecause the only people who engage in the practice of law are lawyers. So, again, it is an anal point, but I would suggest that that should say, “engaged in a business en-gaged in the practice of law.” Otherwise, all the nonlawyers in that paragraph would not be covered. Perhaps it is a point I should not mention because it would be a defence point later, but I mention it for completeness. Mr. Chairman, should I sit, or go to the next one?
Mr. Scott PearmanYes. The second of the three substantive points is in relation to page 5. It is where we changed (hopefully) the (d) to an (e), under (4)(d). It is (i). And it relates to persons, again fit and proper persons where they have been removed or disqualified as a company …
Yes. The second of the three substantive points is in relation to page 5. It is where we changed (hopefully) the (d) to an (e), under (4)(d). It is (i). And it relates to persons, again fit and proper persons where they have been removed or disqualified as a company d irector or trustee. It is a point that was echoed similarly by ot her Members earlier. But what I would respectfully suggest is a helpful solution, rather than just complaining about a problem . . . and it is not that som eone has been removed as a director or trustee, or even disqualified as a director or trustee. Respec tfully, what we are trying to get at here is someone who has been sanctioned as a director or trustee, not simply removed or disqualified, because people are removed every day —bankers, lawyers, everywhere. So I would respectfully suggest that “removed and disqualified” be amended to “sanctioned” because that is what the Bill is trying to get at. Mr. Chairman, should I go to the last one?
Mr. Scott PearmanThe last and final point is the section immediately below, again, at page 5, under (d)(ii) (now (e)(ii)). And this is the bit about the insolvency. I made the point in debate, and I just make it again now. It cannot be right that someone is not a fit and …
The last and final point is the section immediately below, again, at page 5, under (d)(ii) (now (e)(ii)). And this is the bit about the insolvency. I made the point in debate, and I just make it again now. It cannot be right that someone is not a fit and proper person to be a lawyer, where that person is a shareholder, a cont roller, a director or a senior executive involved in a business that has become i nsolvent. Businesses become insolvent every day. And there is no sense in this section that there is notion of blameworthiness. And it is just demonstrably unfair that someone would not be fit and proper because they have been involved in an insolvent business. And if we look back at some of the great lum inaries of the Bar, we have seen legislative action taken for their benefit. So it is not to disbar them from being lawyers in Bermuda where they have fallen upon hard times, become insolvent, they have been su bjected to companies that have become insolvent. So, respectfully, out of fairness, and I think if the oversight people from the OECD were here to listen to this argument they might agree, that section should just be removed from this legislation as it has no proper rel evance in determination of fit and proper persons. Thank you, Mr. Chairman.
The ChairmanChairmanMinister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Start ing with the last comment first, if I could draw your attention to 10E(6) . . .
The ChairmanChairmanMm-hmm. Hon. Kim N. Wilson: That allows for (at page 5, Mr. Chairman) that “Notwithstanding that the Council shall have regard to the evidence and matters set out in subsections (4) and (5), it shall also have regard to any relevant exceptional circumstances when making a determination under this section.” …
Mm-hmm.
Hon. Kim N. Wilson: That allows for (at page 5, Mr. Chairman) that “Notwithstanding that the Council shall have regard to the evidence and matters set out in subsections (4) and (5), it shall also have regard to any relevant exceptional circumstances when making a determination under this section.” So, with respect, Mr. Chairman, in answer to all the questions that were previously asked, and the comments with respect to this legislation as it relates to the insolvency, the indictable offences, et cetera, that is the kingpin of the section. The Council has the power, the Professional Conduct Committee of the Bar Council has the power to have regard to evid ence and all relevant . . . sorry, any relevant exceptional circumstances for making a determination under this section. So that is the kingpin, I submit, that the Council has wide powers to consider any relevant matters as it relates to. So before any F it and Proper Certificate is removed, the Bar Council has the power to refer to any other relevant exceptional circumstances purs uant to section 10[E](6) of the Act. Thank you.
The ChairmanChairmanAny further questions? The Chair recognises the Honourable Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Chairman. The Honourable and Learned Member, my colleague, Mr. Pearman, is not being fair when he—
The ChairmanChairmanWhat clause are you speaking to? Hon. Michael J. Scott: Sorry. On the very clause that he is taking greatest issue with, 10E, on page 5. Fit and proper person and it is the—
The ChairmanChairmanWhat . . . 10 what? Hon. Michael J. Scott: Page 5. It is marked (d) Mr. Chairman, but Mr. Pearman has indicated that it is supposed to be (e), and then (ii ).
The ChairmanChairmanYes. 3072 10 August 2018 Official Hansard Report Bermuda House of Assembly Hon. Michael J. Scott: That provision is not determ inative of ending a practice. It is just a matter, as the Honourable and Learned Member, Ms. Wilson, has said, pursuant to the governing clause. The Council shall consider …
Yes.
3072 10 August 2018 Official Hansard Report
Bermuda House of Assembly Hon. Michael J. Scott: That provision is not determ inative of ending a practice. It is just a matter, as the Honourable and Learned Member, Ms. Wilson, has said, pursuant to the governing clause. The Council shall consider the prev ious conduct and activities and business or financial matters of the person and shall have regard, in particular, to . . . Mr. Chairman, I am now on page 4, [clause] 7 [10E(4)], which is the gui ding language. So, it is the Council having regard to matters at (e)(ii). So it is not determinative of the ending of the capacity to practice; it is just a matter to be taken into account. And when read with (6) that the Honourable Minister just referred to, it reinforces it is a matter to be taken into account. A nd if it is not a matter that is so egregious that it merits the barrister or any pract itioner or registered member of the firm not having his practicing certificate withdrawn, then that will be the rule and that will be the likely outcome. It is like the immigration rules where if you behave in such a way there a number of matters that the Minister of Home Affairs can take into account when considering whether to end your permanent residence or something even as strong as status. It has to be something very grave. But it is not determinative of the privilege of holding a practicing certificate. It is merely one of the factors to be taken into account.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Leah Scott.
Ms. Leah K. ScottThank you, Mr. Chairman. On page 6, clause 8, which amends section 12.
Ms. Leah K. ScottClause [8] [new section] 12(1)(a), which says, “upon a certificate accompanying the a pplication, issued within the preceding ninety days of the application by the relevant authority in the jurisdi ction of legal practice of the barrister, attesting in all material respects to the matters referred to in section 10E …
Clause [8] [new section] 12(1)(a), which says, “upon a certificate accompanying the a pplication, issued within the preceding ninety days of the application by the relevant authority in the jurisdi ction of legal practice of the barrister, attesting in all material respects to the matters referred to in section 10E . . .” So this is where a Fit and Proper Certificate is required to be provided. My question is, are we imposing an imposs ible hurdle? Do we know whether these other jurisdi ctions actually do have a fit and proper [persons] certi ficate? And in the case where such jurisdictions as Canada, the UK, Wales, England, wherever, may not issue such a certificate, what is the consequence? Is there another document that is satisfactory that we would accept in the absence of a Fit and Proper Certificate? And I have two more points, but they are two separate sections. So I can either continue or . . .
The ChairmanChairmanMinister, do you want to respond to this one? Hon. Kim N. Wilson: Mr. Chairman, as I indicated, the provisions of the fit and proper provision that we see in this Act are mirrored from the United Kingdom’s solicitors ’ legislation. At this point the country, again, is committed to …
Minister, do you want to respond to this one?
Hon. Kim N. Wilson: Mr. Chairman, as I indicated, the provisions of the fit and proper provision that we see in this Act are mirrored from the United Kingdom’s solicitors ’ legislation. At this point the country, again, is committed to ensuring that we adhere with the FATF requirements. Regulation 28 is specifically r equiring for us to police the perimeter. So , as selfish as it may sound, we are less concerned about other countries as we are about Bermuda because we are on the [throes] of having our mutual evaluation and we need to make sure that we are taking steps to be compliant. Thank you.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Ms. Scott.
Ms. Leah K. Sco ttI appreciate that, Mr. Chairman, but we do have lawyers that come to Bermuda from other jurisdictions —
Ms. Leah K. ScottSorry, that same [new] section, 12(1)(a). So, if a lawyer is coming from another juri sdiction and you are requiring a fit and proper certif icate and that jurisdiction does not provide it, what is acceptable?
The ChairmanChairmanMinister, you want to answer that? Hon. Kim N. Wilson: Yes, we did . . . I did indicate in the brief that you would get whatever the equivalent is of that jurisdiction.
The ChairmanChairmanRight. Any further speakers? The Chair recognises the Honourable Michael Scott. Hon. Michael J. Scott: Thank you, Mr. Chairman. I have engaged attorneys and called to the Bar, Queen’s Counsel —
The ChairmanChairmanWhat clause are you . . . Hon. Michael J. Scott: Same one that the Honour able and Learned Member, Ms. Scott —
The ChairmanChairmanYes, but you have to — Hon. Michael J. Scott: [Section] 10E . . . Ms. Scott? [Inaudible interjections] Bermuda House of Assembly Hon. Michael J. Scott: [New section] 12(1)(a) for the Hansard, Mr. Chairman.
The ChairmanChairmanMm-hmm. Hon. Michael J. Scott: [New section] 12(1)(a). And I have had to file with the Bar Council and the Immigr ation Home Affairs Minister a fit and proper certi ficate for the QC I brought in. That is from an English juri sdiction. So, I have actually, just for …
Mm-hmm. Hon. Michael J. Scott: [New section] 12(1)(a). And I have had to file with the Bar Council and the Immigr ation Home Affairs Minister a fit and proper certi ficate for the QC I brought in. That is from an English juri sdiction. So, I have actually, just for anecdotal purposes, confirmed that if we are using the UK model . . . I have actually seen the fit and proper certificate. It is described as such.
The Ch airman: Any further speakers? The Chair recognises Ms. Leah Scott, Ho nourable Member , sorry.
Ms. Leah K. ScottThank you, Mr. Chairman. I just have two final questions. On section 14(3) —and, again, it is about the fit and proper certif icate— The Chai rman: [Clause 9, amending section] 14 . . .
Ms. Leah K. ScottThe principal Act is amended in section 14(3) by inserting after “qualifications of such person” the words “, a fit a proper person certificate,”. And, again, it is just the same question: what if the jurisdiction does not provide it, a foreign law societ y does not have it. So, …
The principal Act is amended in section 14(3) by inserting after “qualifications of such person” the words “, a fit a proper person certificate,”. And, again, it is just the same question: what if the jurisdiction does not provide it, a foreign law societ y does not have it. So, I understand. The previous an-swer will suffice. And then my last question is on just, again, as anecdotally, we went to a Canadian website for the Law Society of Ontario, and they do not have such a form. My last point is on page 7, clause 12 which amends section 16D, and it says, “The principal Act is amended in section 16D by inserting the following after subsection (2) — “(2A) The Council shall revoke a certificate of recognition if — . . . (b) shareholder, director, contro ller, or senior executive, who exercises control of the company is convicted of an indictable offence.” And my comment is that you may have a director, controller, or senior executive who is not a la wyer. I think . . . that is . . . those are all of my comments. Thank you, Mr. Chairman.
The ChairmanChairmanMinister. Hon. Kim N. Wilson: Yes, thank you, Mr. Chairman. Actually, I do not see any questions that were asked just now that have not been answered prev iously. The Government stands by the position with respect to the purpose of this legislation and the intent and mischief behind it.
The ChairmanChairmanAny further speakers? There appear to be none. Minister, do you want to move clauses 1 through 10? Hon. Kim N. Wilson: Yes, Mr. Chairman, I would like to move that clauses 1 through 10 do be approved.
The ChairmanChairmanIt has been moved that clauses 1 through 10 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 10 passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clauses 10 to —
The ChairmanChairmanEleven. Hon. Kim N. Wilson: Sorry, [clauses] 11 through 22.
The ChairmanChairmanContinue. Hon. Kim N. Wilson: Mr. Chairman, clause 11 amends section 16B of the principal Act by requi ring a person who is a shareholder, director, controller, or senior executive who exercises control over a professional company to have a valid fit and proper person certificate and for the company …
Continue.
Hon. Kim N. Wilson: Mr. Chairman, clause 11 amends section 16B of the principal Act by requi ring a person who is a shareholder, director, controller, or senior executive who exercises control over a professional company to have a valid fit and proper person certificate and for the company to be registered by the Board pursuant to section 30C of t he [Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist F inancing Supervision and Enforcement) Act] 2008. Clause 12 amends section 16D of the princ ipal Act by providing for the Council to revoke the certificate of recognition of a professional company where the company has failed to register with the Board pursuant to section 30C of the [Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist F inancing Supervision and Enforcement) Act] 2008 or where a shareholder, director, controller, or seni or executive who exercises control of the company commits an indictable offense. Clause 13 amends section 17 of the principal Act by providing for it to be improper conduct for a barrister, registered associate, or a professional company to fail to comply with any requirement posed u nder section 5 of Part 4B of the [Proceeds of Crime (Anti-Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act] 2008 or imposed 3074 10 August 2018 Official Hansard Report
Bermuda House of Assembly by the Board in the performance of its functions under section 5 or Part 4A of that Act. Clause 14 amends section 21 of the principal Act by providing for the Board to make a complaint directly to the Professional Conduct Committee of any matter relating to the conduct of a barrister, professional company, or registered associ ate arising in connection with Part 4A of the [Proceeds of Crime (Anti-Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act] 2008. Clause 15 amends section 24 of the principal Act by requiring a barrister who has applied to the Council for his name to be restored to the roll of the court or for his disqualification to be terminated to pr ovide a fit and proper person’s certificate with his appl ication. Clause 16 amends section 24A of the princ ipal Act by requiring a registered ass ociate who has applied to the Council for his name to be restored to the register or for his suspension to be terminated to provide a fit a proper person certificate with his appl ication. Clause 17 amends section 25A of the princ ipal Act to clarify that i n addition to the powers and duties under section 5 of the 2008 Act, the Board has the powers and duties conferred by Part 4A of the 2008 Act. Clause 18 amends section 25C of the princ ipal Act by adding the [Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act] 2008 to the scope of the duties of the supervisor. Clause 19 amends section 30 of the principal Act by providing for a disqualified person who applies for permission to engage or be employed in any legal practise to provide a fit and proper person certificate with his application. Clause 20 makes related amendments to Part 4A of the [Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and E nforcement) Act] 2008 by (a) providing for a designated professional body to establish and maintain a register of “firms” (presently the body shall establish and mai ntain a register of “regulated professional firms”); and (b) requiring all firms to be registered with the desi gnated professional body annually; (c) providing for the designated professional body to make a determination as to which of those firms are regulated professional firms for the purposes of the 2008 Act; (d) providing for the designated professional body to require a reg ulated professional firm to exclude from the firm a shareholder, controller, director, or senior executive who is exercising control of the firm if that person is not a fit and proper person; and (e) providing for matters for which a designated profes sional body shall cancel a firm’s registration. Clause 21, finally, Mr. Chairman, makes pr ovisions related to amendments to the Supreme Court Act 1905 by (a) amending section 1 of the Act by i n-serting a definition of “fit and proper person certif icate”; (b) amending section 52 by requiring a person to provide a fit and proper person certificate issued by the Bar Council when applying to be admitted and enrolled to practice as a barrister or an attorney in the courts of Bermuda; and (c) repealing and replacing section 57 which provides for the court in a newly i nserted subsection (1)(b), to order that the name of the barrister or attorney be struck off the roll of the court in the event he is convicted of an indictable offence. Clause 22 provides for this Act to come into operation by notice published in the Gazette by the Minister responsible for legal affairs, and for the appointment for different dates for different provisions. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? There appear to be none. Minister, do you want to move clauses 11 through 22? Hon. Kim N. Wilson: Yes, thank you, Mr. Chairman. I would like to move that clauses 11 through 22 be approved.
The ChairmanChairmanIt has been moved that clauses 11 to 22 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 11 through 22 passed.]
The ChairmanChairmanMove the preamble. Hon. Kim N. Wilson: Mr. Chairman, I would like to move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported t o the House as printed. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House. Thank you. [Motion carried: The Bermuda Bar Amendment Act 2018 was considered by a Committee …
It has been moved that the Bill be reported t o the House as printed. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House. Thank you.
[Motion carried: The Bermuda Bar Amendment Act 2018 was considered by a Committee of the whole House and passed without amendment.]
Bermuda House of Assembly House resumed at 5:09 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
BERMUDA BAR AMENDMENT ACT 2018
The SpeakerThe SpeakerGood afternoon Members. Is there any objection to the Bermuda Bar Amendment Act 2018 being reported to the House as printed? No objections. So moved. That brings us to the close of that matter. We now move on to [Order] No. 4 on the O rder Paper today, and that …
Good afternoon Members. Is there any objection to the Bermuda Bar Amendment Act 2018 being reported to the House as printed? No objections. So moved. That brings us to the close of that matter. We now move on to [Order] No. 4 on the O rder Paper today, and that item is in the name of the Minister of Public Works. It is the Bermuda Housing Amendment Act 2018. Minister.
SUSPENSION OF STANDING ORDER 29(1) [To allow second reading of Bermuda Housing Amendment Act 2018 .]
Lt. Col. Hon. David A. BurchThank you, Mr. Speaker . I now move that Standing Order 29 [(1)] be suspended to enable the House to proceed with the second reading of the Bill entitled the Bermuda Housing Amendment Act 2018.
The SpeakerThe SpeakerContinue. Hon. Trevor G. Moniz: Mr. Speaker, I would like to speak to that.
The SpeakerThe SpeakerYes? Hon. Trevor G. Moniz: We on this side of the House object to the Standing Orders being suspended, and if you would like me to speak to that at this time . . .
The SpeakerThe SpeakerYou can continue on. Hon. Trevor G. Moniz: I can do it quite shortly, Mr. Speaker . We have already shared our view with you. With respect to this, although it appears on the face of it to be a short technical Act, it is, in fact, a pretty fundamental …
You can continue on. Hon. Trevor G. Moniz: I can do it quite shortly, Mr. Speaker . We have already shared our view with you. With respect to this, although it appears on the face of it to be a short technical Act, it is, in fact, a pretty fundamental change, you know, in this Bill. And I do not want to go into the substance of it, but we will be discus sing the Bermuda Housing Corporation [BHC], which was set up to provide low -cost housing, running a hotel. And we think that this is something that the public should know about. This Bill has been tabled today and [they] want to move through all three readings in one day without the public really having had the chance to consider it, without the Opposition having had a chance to consider it in greater detail. And we think it would be quite unfair for a Bill of this importance to not have the opportunity to go through the appropriate process. This is a fundamental change in the raison d'être of the Bermuda Housing Corporation. I know the Government will say, Well, if all goes well we will get out of it very quickly . And, of course, on this side we will say, Well, what if all does not go well ? You have got a housing corporation to produce low -cost housing involved in operating a hotel —which is a diff icult and complicated business. And we think [this] deserves the time frame for the public to become aware of it, for stakeholders to be able to give their input, and for the Opposition to be able to give it full and proper consideration and not to be done at such short notice. Mr. Speaker, we urge upon you to operate your discretion to say that this would be an i nappr opriate matter to take in such short notice. This has been dragging on for some years, I know, and the Government, our Government when we were in, and the new Government [now], is looking for a new solution that works, but we indicate that a few more weeks of delay, or even a month or two, would not make that much difference. So, I make that submission to you, Mr. Speaker .
The SpeakerThe SpeakerThank you. Does any Member want to speak to—
Lt. Col. Hon. David A. BurchI certainly can. Mr. Speaker , this has been the longest session, some say, in the country’s history. One of the most remarkable aspects of it for me, though, is the clear lack of memory of those people who sit on the other s ide, Mr. Speaker . Mr. Speaker, …
I certainly can. Mr. Speaker , this has been the longest session, some say, in the country’s history. One of the most remarkable aspects of it for me, though, is the clear lack of memory of those people who sit on the other s ide, Mr. Speaker . Mr. Speaker, first of all, I know that in this role, one has to say things three, four, five and six times before some people hear them for the first time. And I accept that. And I accept that members of the public probably fall into that category on a regular basis. But, Mr. Speaker, I stood along with my colleague, the Minister of Tourism, the Honourable Jamahl Si mmons, on March 28 th this year, and set out in quite specific and lengthy detail about what it was the Gov-ernment intended to do in order and in relation to the Grand Atlantic. And in doing so, Mr. Speaker, it was not something that was created by this Government. Mr. Speaker, when we came to Government, this proposal had been the subject of two RFPs.
An Hon. Member An Hon. MemberUh -oh. 3076 10 August 2018 Official Hansard Report Bermuda House of Assembly Lt. Col. Hon. David A. Burch: Two RFPs that were won by the same entity. Therefore, like anything in Government, Mr. Speaker, we do not throw out ever ything with the bathwater because we are a new …
Uh -oh.
3076 10 August 2018 Official Hansard Report
Bermuda House of Assembly Lt. Col. Hon. David A. Burch: Two RFPs that were won by the same entity. Therefore, like anything in Government, Mr. Speaker, we do not throw out ever ything with the bathwater because we are a new Go vernment and say they did it , so we are not even going to look at it. No, Mr. Speaker . What we did do was . . . Mr. Speaker, let us be clear because . . . it is a little rich, you know, Mr. Speaker , to be talking about the public needs notice about Grand Atlantic.
[Laughter]
Lt. Col. Hon. David A. BurchReally, Mr. Speaker ? I happen to have had this role— Hon. Trevor G. Moniz: Point of order, Mr. Speaker . Point of order.
The SpeakerThe SpeakerI will take your point of order. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: The Honourable Member is misleading the House. It is no suggestion that the public have not known of this situation —the disaster at Grand Atlantic, and from the very beginning. What we are suggesting is …
I will take your point of order.
POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: The Honourable Member is misleading the House. It is no suggestion that the public have not known of this situation —the disaster at Grand Atlantic, and from the very beginning. What we are suggesting is the proposal that the Grand A tlantic own and operate a hotel is a different form of deal than what was considered before. And that is what is being looked at. [Inaudible interjections]
The SpeakerThe SpeakerMembers, Members. Hon. Trevor G. Moniz: Sorry, the Housing Corpor ation—the Housing Corporation . . . what is being looked at tod ay is substantially different.
An Hon. Member An Hon. MemberWhat is your point of order?
The SpeakerThe SpeakerMembers — Hon. Trevor G. Moniz: It is not honest to be saying . . . the point of order is that he is suggesting that nobody has ever mentioned this Grand Atlantic before. It is not about the Grand Atlantic; it is about the structure of the project. And …
Members — Hon. Trevor G. Moniz: It is not honest to be saying . . . the point of order is that he is suggesting that nobody has ever mentioned this Grand Atlantic before. It is not about the Grand Atlantic; it is about the structure of the project. And this is, as far as I am aware, a new structure that I am seeing today than what I have seen before.
An Hon. Member An Hon. MemberYes, three different developers were going to take over that hotel —
Lt. Col. Hon. David A. BurchMr. Speaker, this is the statement that was made in March . . . and I am trying to find the part where it says we were going to go into partnership with this entity in order to . . . essentially . . . Mr. Speaker , wow. All …
Mr. Speaker, this is the statement that was made in March . . . and I am trying to find the part where it says we were going to go into partnership with this entity in order to . . . essentially . . . Mr. Speaker , wow. All I can do is shake my head, Mr. Speaker . First of all —first of all— we have spent a number of years not being able to accommodate housing in this country with the Grand Atlantic, which was built for that purpose because the supporters of that group and that group talking about it was going to fall in to South Shore.
An Hon. Member An Hon. MemberThat is right!
Lt. Col. Hon. David A. BurchOkay? And, so ther efore, Bermudians, in typical fashion, said, O h no, it ’s going to fall into S outh Shore, irrespective of the fact that the facility was built by somebody who does not politically support us. [Inaudible interjections]
Lt. Col. Hon. David A. BurchMr. Speaker, I do not know, you know, in this season where amnesia seems to be running rampant, but I recall vividly the fact that in December 2012 . . . when was the election that year? [Inaudible interjections]
Lt. Col. Hon. David A. BurchOn the 18th of December 2012, most of the people in this country, and most of you people on that side, believed that that place was going to fall into South Shore. All, virtually all, of the environmental organisations in this country agreed and said, N o, no, it ’s …
On the 18th of December 2012, most of the people in this country, and most of you people on that side, believed that that place was going to fall into South Shore. All, virtually all, of the environmental organisations in this country agreed and said, N o, no, it ’s going to fall into South Shore. We have been up there and we looked and we checked and we are experts. On the 19 th of Dece mber, all was well.
An Hon. Member An Hon. MemberThat’s right! That’s ri ght! [Inaudible interjections and laughter ]
Lt. Col. Hon. David A. BurchSolid as a rock. [Laughter] Bermuda House of Assembly Lt. Col. Hon. David A. Burch: Not moving anywhere, Mr. Speak er. And so, yes, we are changing what originally was intended in terms of how this is going to go forward. And the reason why we are doing that is …
Solid as a rock.
[Laughter]
Bermuda House of Assembly Lt. Col. Hon. David A. Burch: Not moving anywhere, Mr. Speak er. And so, yes, we are changing what originally was intended in terms of how this is going to go forward. And the reason why we are doing that is for one simple reason, Mr. Speaker . This Government, both this Government and the last PLP Government, were criticised for building Grand Atlantic in the first place and owing all this money and spending all this money. This is to ensure, Mr. Speaker, that the Government and the people of Bermuda are able to pay off the debt that the Grand Atlantic still holds and to maintain responsibility for that. That is the reason for doing it this way. And, Mr. Speaker, let us be clear, this solution did not come from Burch. This solution did not even come from an-ybody on this side who has good ideas about an ything. Do you know where the solution came from, Mr. Speaker ?
[Inaudible interjections]
Lt. Col. Hon. David A. BurchFrom the legal fraternity. That is the answer to the solution about what it is that we want to do in order to protect the interests of the Bermudian public. That is why we are doing this, Mr. Speaker . And we are doing it in a clear . . …
From the legal fraternity. That is the answer to the solution about what it is that we want to do in order to protect the interests of the Bermudian public. That is why we are doing this, Mr. Speaker . And we are doing it in a clear . . . tran sparency.
Hon. Trevor G. Moniz: No, you are not. No, you are not.
Lt. Col. Hon. David A. BurchOkay? Mr. Speaker, we are not moved. We are res olute. We have no doubt whatsoever. This Gover nment, this particular . . . Well, no, we can even go back to the last PLP Government. The last PLP Government set the tone, and this Government is continu-ing it, about …
Okay? Mr. Speaker, we are not moved. We are res olute. We have no doubt whatsoever. This Gover nment, this particular . . . Well, no, we can even go back to the last PLP Government. The last PLP Government set the tone, and this Government is continu-ing it, about transparency in this country. Okay? They talked about that for decades about transparency. When I sat in another place, I we nt with a bag of transparency. You want to talk about transparency? This Government —this party —has provided this cou ntry with more information on everything that it has done in this country’s history. And we have continued down that road in this term. Why are we still here in August, Mr. Speaker ? Why is this? Many will say the longest parliamentary term in the country’s history. Why is that? Because we are committed. That is why we are here August 10 th.
Lt. Col. Hon. David A. BurchMr. Speaker, you have people in this House who have changed their family’s vacation plans to be here today. You have people in this House who returned to this country from vacation this week —
An Hon. Member An Hon. MemberThat is ri ght!
Lt. Col. Hon. David A. Burch—to be in this House because that is what we are— Hon. Trevor G. Moniz: Point of order, Mr. Speaker .
The SpeakerThe SpeakerWe will take the point of order. Hon. Trevor G. Moniz: The Honourable Member is misleading the House.
An Hon. Member An Hon. MemberTurn the [microphone] on. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: The [microphone] is on. We were never coming back here t oday to do the Bermuda Housing Amendment Bill. This was ne ver why we were coming back here. It is not fair to say that is why …
Turn the [microphone] on.
POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: The [microphone] is on. We were never coming back here t oday to do the Bermuda Housing Amendment Bill. This was ne ver why we were coming back here. It is not fair to say that is why people cancelled their vacations. I am just 3078 10 August 2018 Official Hansard Report
Bermuda House of Assembly saying to do the first, second, and third readings of this Bill today without letting the people of Bermuda have that transparency that the Honourable Member is bragging about —
[Inaudible interjections]
Hon. Trevor G. Moniz: —cannot be right.
The SpeakerThe SpeakerMembers, Members! Speak to the Chair.
The SpeakerThe SpeakerYou’re driving them all out of the House, Minister? Lt. Col. Hon. David A. Burch: Clearly. [Inaudible interjections and laughter ]
An Hon. Member An Hon. MemberThey are all running away. [Inaudible interjections]
Lt. Col. Hon. David A. BurchThe Bill proposed in this amendment to the Bermuda Housing Act 1980, Mr. [Deputy] Speaker, is to explicitly provide for the Bermuda Housing Corporation to acquire, build, develop, manage, or dispose of premises other than re sidential dwellings ; create subsidiaries and make loans or guarantees to a subsidiary in …
The Bill proposed in this amendment to the Bermuda Housing Act 1980, Mr. [Deputy] Speaker, is to explicitly provide for the Bermuda Housing Corporation to acquire, build, develop, manage, or dispose of premises other than re sidential dwellings ; create subsidiaries and make loans or guarantees to a subsidiary in order to obtain the best consideration when disposing of assets; confirm BHC’s exemption from payment of stamp duty on transfers; deem any subsidiary company of the Corporation t o be an agency of the Crown for the purposes of section 4 of the Stamp Duties Act 1976; exempt the BHC from the payment of land taxes; apply the Tour-ism Investment Act 2017 as if the proposed Grand Atlantic Development were a new hotel so as to qual ify for a tourism investment order under the Act. Mr. [Deputy] Speaker, you may recall in March this year, as I have said previously, I, along with my colleague, the Minister of Economic Development and Tourism, the Honourable Jamahl Si mmons, announced a partnership with the successful bidders of an RFP process to convert the Grand A tlantic site on the Island’s south shore into a new midmarket boutique hotel with additional leisure facilities to be operated as a resort under a major international hotel br anded franchise to be renamed the Berm udiana Beach Resort. Essentially, this Bill will provide the legal means for the BHC to consummate that arrangement. Mr. [Deputy] Speaker, to remind, the intention is to convert the existing nine buildings containing 78 apartments into 71 units for sale, providing 111 hotel keys for rental. Each of the existing units will be refi tted with new and improved fixtures as befitting a midmarket boutique hotel. Additional kitchenette and bath facilities will be added to the rooms to create the 111 keys for the rental stayers.
Bermuda House of Assembly Outdoor amenities will include two recreational pools (one with an infinity pool design), walking and patio areas, and a dual funicular lift to the beach b elow. External elevators will be added to the buildings as part of hotel upgrade requirements. Buildings will be painted in an attractive blend of Bermuda pastel colours. Mr. [Deputy] Speaker, seven of the existing units will be converted to communal facilities to i nclude a reception area, restaurants, spa and gym, back of house support, and food and beverage areas. To enable this, the BHC will incorporate two wholly owned subsidiary companies called the Bermudiana Development Company, Limited (BDCL), and the Bermudiana Management Company, Limited (B MCL). The Grand Atlantic property will be conveyed to the development company. The purpose and mandate of Bermudiana Development Company, Limited, is the redevelopment of the former Grand Atlantic property as a condo hotel resort and to market the units until the completion of sales. Mr. [Deputy] Speaker, the purpose and mandate of Bermudiana Management Company, Limited, is the operation of the former Grand Atlantic property as the Bermudiana Condo Resort Hotel. In summary, the management of a rental programme for the condominiums, management of the homeowner’s assoc iation, oversight of all guest and owner services, and the maintenance of the property until the units are sold. Mr. [Deputy] Speaker, the property will be conveyed to the BDCL who will then c onvert the units to a condo hotel market and sell them off individually. Profits from the sales will be distributed to the BHC by way of a dividend. The use of this means for the conversion of the site from residential to a condo hotel and the sale of unit s is designed to protect the asset and obtain the best financial return for the BHC. Mr. [Deputy] Speaker, the BHC or its subsid iaries will make an application for a tourism development order under the Tourism Investment Act 2017; however, whilst the TIA [Tourism Investment Act] pr ovides for tourism investment relief if the tourism product is a new hotel or a refurbished hotel, it does not presently provide such relief for the conversion of a residential development into a hotel. So, it is neces-sary to ap ply the Act to the redevelopment of the Grand Atlantic. Mr. [Deputy] Speaker, the general functions of the BHC are set out in section 9(1) of the Bermuda Housing Act 1980 (the “Act”) which primarily relate to the acquiring, building, development or management of dwellings, housing, estates and housing schemes. Any commercial development is restricted to being ancillary to or in connection with the provision of such dwellings. Mr. [Deputy] Speaker, as it stands, the Act does not currently allow the BHC to carry out the i ntended conversion of the Grand Atlantic to a condo hotel or to own the commercial property that the BHC may need as administrative offices. Mr. [Deputy] Speaker, the Act also does not allow for the BHC to create wholly owned subsidiary companies, transfer of property to them or to provide loans or guarantees for the same. Both the West End Development Corporation and the Bermuda Land D evelopment Company can hold subsidiaries under their legislation and it is proposed to make changes to pr ovide the BHC with identical powers. Mr. [Deputy] Speaker, the [Bermuda Housing Amendment Act 2018] does not explicitly provide exemption from land tax as is the case with the other two quangos that deal with property assets; namely, WEDCO and BLDC. To res olve this anomaly and to bring BHC in line with other quangos, it is proposed to amend the Act to confer the same exemptions to the BHC as BLDC and WEDCO currently enjoy. But that the exemption from land . . . let me say that again, Mr. [Deputy] Speaker . But that the exemption from pa yment of land tax does not extend to its tenants, ther eby ensuring that land tax is still paid by tenants of BHC properties. Mr. [Deputy] Speaker, the Stamp Duties Act 1976 exempts from stamp duty the Crown or any agency thereof. Whilst the BHC has been treated as an agency of the Crown since its inception and ex-empted from stamp duty, this exemption will not pass to any wholly owned subsidiary. It is proposed to amend the Act to enshrine in the Act that the BHC and any subsidi ary will be exempt from stamp duty. Mr. [Deputy] Speaker, in conclusion, I note that the repurposing of the Grand Atlantic into the Bermudiana Beach Resort Hotel was a concept idea begun under the former administration. Do I need to repeat that, Mr. [Deputy] Speaker ? Okay, I should. I note that the repurposing of the Grand Atlantic into the Bermudiana Beach Resort Hotel was a concept begun under the former administration. However, it is the intent of this Government, Mr. [Deputy] Speaker, to fulfil the pledge made to use the property to stimulate our tourism product, increase visitor arrivals and o pportunities, increase jobs for Bermudians, and receive the best financial return for the property. With those comments, I thank you, Mr. [Dep uty] Speaker .
The Deputy SpeakerDeputy SpeakerThank you, Minster. Any further speakers? The Chair recognises the Honourable Member Trevor Moniz. You have the floor, Mr. Moniz. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Deputy Speaker . To repeat, we have not h ad much chance to consider what is on the table here today. …
Thank you, Minster. Any further speakers? The Chair recognises the Honourable Member Trevor Moniz. You have the floor, Mr. Moniz.
Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Deputy Speaker . To repeat, we have not h ad much chance to consider what is on the table here today. As I have said, it is being tabled today, it is going through first, second, and third readings today. The Member keeps saying that, you know, we were aware of this white 3080 10 August 2018 Official Hansard Report
Bermuda House of Assembly elephant up there that we have had and, of course, you know, when we were elected Government in D ecember of 2012 we had to take lemons and make lemonade and that is what we did with the America’s Cup. Many of these units were rented out to teams of the America’s Cup. And we obtain ed a lot of income from that as a result on that temporary basis over a pproximately a two- year period. And this was a problem. And the group, I think it has always been the same group that have had this same proposal, but the problem as I recall, was that the group was unable to obtain financing. Now, whether that inability to obtain financing was connec ted with them as a group, or whether it was connected with the viability of such a small site as a boutique hotel, any Bermudian will recognise that those units are . . . it is a small property for so many units. It is extremely close to the road. You have got the South Road very close on one side, and you have got a cliff relatively close on the other side. They are very tightly spaced in there. And when the PLP Government tried to sell it, I think they managed to sell one. And I think they had a lot of trouble to try and get that one unit back so you could then try to develop a plan with what you were going to do with the property as a whole. And the present Minister, as insulting as he is, is quite right. We did RFPs. This group came up with a proposal which looked like an interesting proposal. And we had, I think, some other groups. But this was the group that won the proposal, and they were unable to obtain financing. And that was the issue. They could not raise the money to do the project. So I think that this Government (if I am not wrong) has done an-other RFP. I do not know whether there is presently an agreement in place with that group. If there is, I would ask the Minister to table it for the full transparency he keeps talking about. They cannot get the financing. So now it is the idea that the Bermuda Housing Corporation should own and operate a hotel. And, you know, that is not what it is set up f or. That is not the way the Bermuda Housing Corporation is set up. You will know as well as I do, Mr. Deputy Speaker, that the Bermuda Housing Corporation has been set up to provide low -cost housing to people of Bermuda. And, of course, this is the misbegotten idea of what the Grand Atlantic was originally supposed to be, and it was a failure. It did not work. So, now what do you do with it? Now, I do not know what form of agreement there is, but we certainly know in Bermuda of projects that have gone wron g. I do not know of any special expertise in the Bermuda Housing Corporation to own or operate a hotel, and albeit one that is so challenged. I say, you know, it may be challenged for any number of reasons, one of which may be the small scale of the site a nd it is . . . you know, I think the Mi nister kindly described [it] as a mid- market boutique development. I am not quite sure what that means in terms of what they hope to get for the sale of the units. Of course, there are all sorts of problems that are inherent in condominium developments. We know in Bermuda, because we overdevelop, we developed too many condos. I think in one stage there were hu ndreds and hundreds of condos that were out there that people were trying to sell. They were not able to sell because the market had collapsed after 2008. So we had all these condos sitting out there. We had problems in St. George’s with the old one there that had those units, timeshare units, et cetera. There were unknown problems, you know, a number of problems with that place, both from the owners of the timeshare and the people who had bought into it. What I am saying is that this is a path that is fraught with challenges. So, you know, it is well for the Minister to come and say, Oh yes, we are going to operate this hotel . And I think the idea may be that we are going to develop these condo units , and when all the condo units are sold, then it is going to be . . . somehow, I am not sure what the idea is , but it is g oing to be off our hands and som ebody else i s going to deal with it. All I am saying is that you may be buying into problems and difficulties for many, many years to come. So, you may not be digging yourself out of a hole; you may in fact be digging a deeper hole, unless you have really got a business plan which you can show that these condos are going to be in very hot demand. There has been no indication of that to date that I can see. You know, the Minister laid out all of the things that are going to be done. Now, I am not sure where that c apital infusion is coming from. Someone is injecting that capital. This is a property owned by the Bermuda Housing Corporation, it is being managed by the Bermuda Housing Corporation. But they are going to have these two pools . . . one is an infinity pool. There is going to be a spa and a gym, et cetera, et cetera. So, someone is putting a whole lot of money into this development. Now, who is putting that money in? Where is it coming from? Is it developers putting all that money in? Is the idea that we ar e giving a guarantee? Are we putting the money in? Are we lending the money to go in? Where is the money coming from? So, where is the agreement or the proposed form of agreement between the Housing Corporation and this group who want to presumably operat e this hotel and sell these condo units? And, you know, he said the profits, if there are any, will come back to the Housing Corporation. Well, how do they share the profits? What percentage of profits goes to the Housing Corporation? What does this develo per get? There is no structure. You see, we come here and we are expected . . . you know, you table a Bill today, you want to debate it today, you want to pass it today, [and] you want to do first reading, second rea dBermuda House of Assembly ing, third reading. You want to brag ab out full transparency, and yet we really do not have any idea of what is going on here. And this is a very novel way of doing what we are doing. So, it is all well and good for the Minister to say, Oh well, I made a statement in March about the project , in general. Well, with all due respect, that is really, in our view, not good enough for the people of Bermuda. We need a lot more information than that to know whether this is something that is really viable or whether it is just going to be kicking the can down the road. My understanding is that . . . it is my unde rstanding, and I could be wrong—because I have not seen any agreement —you are going to have a pr esale office for these condos, and if a certain number are presold within a certain period of time, then some agreement will move forward. If they are not presold within a certain period of time, then it will not move forward. So, I really do not know where we are going with it. I see the Minister is going out the door. But other than that, I do not kn ow where the project is going. Hopefully we can get more details. It would be helpful if we could be provided with some of these agreements, if there are some . . . if we get more details about how this deal works, because we are the representatives of the people of Bermuda. If we are going to be able to judge that this is going to be a good deal for the people of Bermuda we really need to know more about its form and its shape than we do at the moment. So the idea, you know, that was originally presented to us, Oh, well, these are just some tec hnical changes to the Housing Corporation , is not a fair idea. This is a fundamental change in what the Hous-ing Corporation is doing. The Housing Corporation, as I have said —and I will repeat —was set up to provide housing, and specifically low -cost housing to the needy people of Bermuda. If it now gets into a bus iness of operating a hotel, of selling condo units in a mid-level boutique hotel, then where are we? Is that a fundamental change to the idea? Of course, it is going to be, Well, this is te mporary and in a short period of time. Now somebody might be able to tell me what the period of time is that they expect to get into this project and out of this pr oject. Is there going to be any injection of government funding? Is there going to be any guarantee by the Government of any lending to the developer? What is this costing us? And, in terms of profits, what are we getting? Even as a percentage, what is the formula by which we decide, Well, this is how much we are ge tting out of this project . Presumably, the developer is in it to make money. So the developer is in it to make money, what is he at risk for? What does he stand to lose and what does he stand to gain? And from the Government’s point of view, what do we st and to lose and what do we stand to gain? Yes, I know we have the property sitting there at the moment and it is a white elephant, so we want to do something with it. But, as I said before, we do not want to just dig ourselves a deeper hole. So, you know, the Minister should provide for the people of Bermuda some deeper understanding of how this pr oject is intended to be structured in order to go forward. I am told that they want to open an office to sell these condos next week. You know, it is a very short notice, and immediately they want to hold an office to presell these condo units. So, I would presume that the Government have a very clear idea of the structure of the arrang ement with the proposed development company that, you know, if they believe in full transparency they can just put it on the table and they should have given us some notice to be able to do this. I know, you know, it is sad that people have had to cancel holidays and what not, but I am here and, you know, I am dedicated to the peopl e of Bermuda and I promised to be here in two weeks’ time if all that can be done. Thank you, Mr. [Deputy] Speaker .
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Honourable Member , the Minister of Tourism. Minister, you have the floor. Hon. Jamahl S. Simmons: Mr. Speaker, thank you. Mr. Speaker, I remember years ago hearing the story of the caveman who stood in …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Honourable Member , the Minister of Tourism. Minister, you have the floor.
Hon. Jamahl S. Simmons: Mr. Speaker, thank you. Mr. Speaker, I remember years ago hearing the story of the caveman who stood in the front of his cave and he heard thunder. And his fear led him to believe the gods were angry, the gods were playing bowling. They made all these superstitious pr onouncements about something they did not understand. And what we have seen is a . . . the old way of doing b usiness, the old language of doing business, the old approach of doing business. Mr. Speaker, I have been in this Chamber for quite some time off and on, and what has happened today is not unusual. It is not rare . . . well, it is rare, but it is not unus ual. And it is certainly not against the rules of the House in terms of procedure to be followed. Mr. Speaker, I will take the opportunity to explain to the Honourable Member who just took his seat a little bit about how the hotel business works. There are people who own hotel properties who then hire people to manage hotel properties. Let me say it slow for the slow. There are people who own hotel properties who then hire people to manage hotel properties. There are numerous examples in this I sland. 3082 10 August 2018 Official Hansard Report
Bermuda House of Assembly And, so we hear the voice of fear and the attempt to instil fear and it is very familiar to you, Mr. Speaker, because that same voice of fear told people who we were trying to provide affordable homes that this [building] would fall in the ocean. And, so it is the same old, same old fear -monger pattering innuendo, and that is unfortunate, Mr. Speaker, I think the Honourable Member, the Honourable Colonel, has taken lemons —not of his own creating— and is making lemonade of it by coming up with an innovative approach that we concede did not originate from Alaska Hall, but we recognise that good ideas can be taken and used for the benefit of this country.
An Hon. Member An Hon. MemberAbsolutely. Hon. Jamahl S. Simmons: Absolutely. We have to. And, so, to the Negative Nancies I will say this, there will be people who know how to run a hotel running this hotel. To the people who worry about the financing, the financing to all indications is in order. The …
Absolutely.
Hon. Jamahl S. Simmons: Absolutely. We have to. And, so, to the Negative Nancies I will say this, there will be people who know how to run a hotel running this hotel. To the people who worry about the financing, the financing to all indications is in order. The goal is to protect the debt and the money sunk into that project an d to ensure that we deal with that, but also create a new product. Mr. Speaker, you know, we talked about we heard previously about, It is too close to the road and it is too close to the cliff, and all these sorts of things. The opportunity to have a thr ee-star hotel that pr ovides a different form of amenity for our visitors . . . it opens up more possibilities. The project, when we are working on it, will open up opportunities for Bermudians to work. There are so many opportunities, Mr. Speaker, and that is why when we look at the env ironment that we have created since July 2018. The Premier alluded to it earlier. Since we took over last year, the environment has shifted for the better. The numbers bear it out, the approach and increase of investment bear s it out because we understand one thing: we are a labour party and we must protect l abour. We are a Bermudian first party and we must protect Bermudians. But we must insure that job creation and investment is able to move a lot smoother than it has done i n the past. So this is just the beginning because there are other exciting projects that are in the pipeline because of the environment that we have created, and the people are beginning to sense a new wind blowing through the Island of optimism and hope. I would encourage the Negative Nancies, the caveman standing in front of his cave shaking his fist at the thunder, to step into the 21 st century and embrace progress. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Minister. Does any other Member wish to speak? No other Member? We recognise the Honourable Member from constituency 29. Honourable Member De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I did not think we would have …
Thank you, Honourable Minister. Does any other Member wish to speak? No other Member? We recognise the Honourable Member from constituency 29. Honourable Member De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I did not think we would have spent so much time on this particular piece of legisl ation today. Especially since the OBA Government were the ones that sort of started this ball, if I may say. Mr. Speaker, I find it very interesting, and I think the Honourable Member , former Attorney General, Trevor Moniz, for someone who held that pos ition, should really do a little bit more homework. And it is a disgrace, really, from what we have heard today.
[Inaudible interjections ]
The SpeakerThe SpeakerWell, well, well. Hon. Zane J. S. De Silva: It is a disgrace what we have heard today, and I will tell you why, Mr. Speaker, because the Honourable Member continued on talking about transparency, What about this? What about that? We have not heard anything . . . this …
Well, well, well.
Hon. Zane J. S. De Silva: It is a disgrace what we have heard today, and I will tell you why, Mr. Speaker, because the Honourable Member continued on talking about transparency, What about this? What about that? We have not heard anything . . . this is late in the day, blah, blah, blah, blah, blah, blah, blah, blah, blah. Mr. Speaker, there was a press conference held on March 28 th in which this particular project was outlined, in detail! You had people at that press con-ference from the Housing Corporation, the Berm udiana Beach Resorts, the Minister Jamahl Simmons accompanied Colonel Burch at that press conference—
[Inaudible interjections] Hon. Zane J. S. De Silva: Well, this is true. Mr. Speaker, when you hear the Honourable Member , the former Attorney General, talk about trans parency this and transparency . . . you know there is no transparency. And then he says, ‘Where is the agreement? ’ (which I found astounding) . Where is the agreement? I remember when we were sitting on that side of the House not long ago asking for an agreement for an airport that was going to be given to someone else for 30 years!
[Inaudible interjections]
An Hon. Member An Hon. MemberNever done it.
An Hon. Member An Hon. MemberWe had to beat them to get it. Hon. Zane J. S. De Silva: Right. And we were . . . this . . . this contract for 30 years, the giving away of our airport for 30 years, and then the agreement. I r emember our now Premier standing …
We had to beat them to get it.
Hon. Zane J. S. De Silva: Right. And we were . . . this . . . this contract for 30 years, the giving away of our airport for 30 years, and then the agreement. I r emember our now Premier standing up week after week after week asking for the agreement. It was never forthcoming.
Hon. Trevor G. Moniz: That is not true.
Bermuda House of Assembly Hon. Zane J. S. De Silva: It was never forthcoming until they felt the pressure.
[Inaudible interjections] Hon. Zane J. S. De Silva: And then they still did not give it over.
An Hon. Member An Hon. MemberThat’s right. Hon. Trevor G. Moniz: No, that’s not right. Hon. Zane J. S. De Silva: So, Mr. Speaker . . . and you are talking about this is on the . . . when you look at the size of the two different projects between the airport and this …
That’s right.
Hon. Trevor G. Moniz: No, that’s not right.
Hon. Zane J. S. De Silva: So, Mr. Speaker . . . and you are talking about this is on the . . . when you look at the size of the two different projects between the airport and this one you are talking about, you know, an ant and an elephant. They are making all this noise about an ant, but did not have a thing to say about the elephant.
An Hon. Member An Hon. MemberAll this noise. Hon. Zane J. S. De Silva: Not a thing! What is this all about? [Inaudible interjections]
An Hon. Member An Hon. MemberDinosaurs being dinosaurs.
An Hon. Member An Hon. MemberRiddle me this. Hon. Zane J. S. De Silva: Mr. Speaker, the other thing I find amazing is that the group that the Housing Corporation are partnering with, MacLellan and MacLellan, are the same people—
An Hon. Member An Hon. MemberNo! Hon. Zane J. S. De Silva: —the same company that, I think . . . I do not know . . . they had so many Works Ministers within a short period of time. I think it was the Honourable Member Pat Gordon- Pamplin, it was the former Premier …
No!
Hon. Zane J. S. De Silva: —the same company that, I think . . . I do not know . . . they had so many Works Ministers within a short period of time. I think it was the Honourable Member Pat Gordon- Pamplin, it was the former Premier Cannonier . . . in fact, he came to this House one night and said he has got a deal to sell it for $9 million. And I offered publicly in this House to buy it for $10 [million] that night!
[Inaudible interjections]
Hon. Zane J. S. De Silva: That deal was done, Mr. Speaker . It was done. The deal was done. They came to this House . . . you talk about transparency, and, you know, we do not have time to mull over things and study things . That was brought to this House. We have got a purchaser for $9 million and this, Mr. Speaker, if I . . . I could tabl e it if you would like. It is a pretty picture, Mr. Speaker . This was in 2012. It was an advertisement for colleagues to see from the OBA, and here it is. We have a picture of Mr. Raymond Charlton—OBA views of the Grand Atlantic . There is no . . . what does he say? Charlton found a way of putting lipstick on a pig.
[Inaudible interjections]
Hon. Zane J. S. De Silva: Mr. Nalton Brangman: Do we need to see the first one collapse into the water before someone says Oops?
[Inaudible interjections and laughter ]
[Desk thumping]
Hon. Zane J. S. De Silva: Before someone says oops; do we need to see one collapse in the water? And then, the Honourable Member still sits in this House, Mr. Sylvan Richards, and says , I knew it was a disaster. Nothing good will ever come of it. Now, this was during the election campaign of 2012. On December the 19 th—poof! Magical night it was. All of a sudden it was safe; it was good to be a condo development. It was good to—
[Inaudible interjections]
Hon. Zane J. S. De Silva: Now, I will get to that in a moment. [Laughter] Hon. Zane J. S. De Silva: We had, you know, som eone willing to purchase it for $9 million— all of a sudden it was not close to the cliff. It was not close to the road. It was a beautiful spot. Solid as a rock, we were told.
[Inaudible interjections]
Hon. Zane J. S. De Silva: Now . . . and the Honour able Member Trevor Moniz says, Well, the PLP could not s ell it. It was a big white elephant up there . This is why we could not sell it, Mr. Speaker .
[Inaudible interjections] Hon. Zane J. S. De Silva: This is why we could not sell it! And that is why they are sitting on the opposite side here today.
An Hon . Member: Yep.
Hon. Zane J. S. De Silva: Because the people of this country felt they were hoodwinked, and they would be hoodwinked no more.
An Hon. Member An Hon. MemberExactly. 3084 10 August 2018 Official Hansard Report Bermuda House of Assembly Hon. Zane J. S. De Silva: Now, Mr. Speaker . . . and then the Honourable Member Moniz s ays, This place is not set up for a hotel. Really? So you had several Ministers, when they were …
Exactly.
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Bermuda House of Assembly Hon. Zane J. S. De Silva: Now, Mr. Speaker . . . and then the Honourable Member Moniz s ays, This place is not set up for a hotel. Really? So you had several Ministers, when they were Ministers under an OBA Government, saying that they had done deals to make it a hotel. You had the OBA Government who put none other than America’s Cup partic ipants in the hotel that he says is not a hotel. So, what is it then?
Hon. Trevor G. Moniz: It is just housing.
Hon. Zane J. S. De Silva: So, what is it?
Hon. Trevor G. Moniz: Point of order, Mr. Speaker .
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: He is running off at strange angles, as usual. When we put America’s Cup people, it was just used as housing. He is saying we advertised as a hotel. Never. Never. Hon. Zane J. S. …
We will take your point of order.
POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: He is running off at strange angles, as usual. When we put America’s Cup people, it was just used as housing. He is saying we advertised as a hotel. Never. Never.
Hon. Zane J. S. De Silva: I guess they got the status, huh? The PRCs. So they were in housing. They were not in a hotel. They were here for how long? How long were they here, Mr. Speaker ?
[Laughter] Hon. Zane J. S. De Silva: So, I say if they were housing they must have been Bermudian. I did not know we had that many Bermudians sailing for Oracle or Artemis. Mr. Speaker, it was used as a hotel —
An Hon. Member An Hon. MemberYes, it was. Hon. Zane J. S. De Silva: —for our overseas visitors. That is what it was used for. Mr. Speaker, let me reveal something else to you colleagues in this House, and also the general public. The Honourable Member Moniz . . . and ma ybe someone else …
Yes, it was. Hon. Zane J. S. De Silva: —for our overseas visitors. That is what it was used for. Mr. Speaker, let me reveal something else to you colleagues in this House, and also the general public. The Honourable Member Moniz . . . and ma ybe someone else will get up and speak from that side. Maybe. Maybe they are saying, Well look, you know, we better quit while we are ahead. But let me reveal something else, Mr. Speaker . The OBA Government were offered . . . hear me: The OBA Government were offered a presentation on this deal. I did not hear any points of order, Mr. Speaker . The OBA Government were offered a presentation on this deal. [Inaudible interjections] POINT OF ORDER [Misleading]
Hon. Trevor G. Moniz: Point of order. Point of order, Mr. Speaker . The Honourable Member is misleading the House. What I think we were suggested [was that] we meet with technical officers to go through the Bill. Nothing to do with the deal that I am aware of.
Hon. Zane J. S. De Silva: Mr. Speaker, what Go vernment does not use their technical officers when they are making presentations?
[Laughter]
Hon. Zane J. S. De Silva: Yes, we certainly did have technical officers that were going to be in the room. In fact, they are here tonight. Mr. Speaker, I say to you again, they were offered to vie w and participate in a presentation on this deal. And they refused it, Mr. Speaker .
POINT OF ORDER
Hon. Trevor G. Moniz: Point of order, Mr. Speaker . That is simply not true. That is simply not true. We were offered technical officers, that was it.
Mr. Speaker .
The SpeakerMinister, you can clarify for us if you’d like. POINT OF CLARIFICATION
Lt. Col. Hon. David A. BurchMr. Speaker, my informa tion, and it can be verified by the leader of the country, Mr. Speaker, [is that] we did offer. First of all, this is not the route that we would normally take. But if we do not do this today, we have to wait a year. …
Mr. Speaker, my informa tion, and it can be verified by the leader of the country, Mr. Speaker, [is that] we did offer. First of all, this is not the route that we would normally take. But if we do not do this today, we have to wait a year. And we are not prepared . . . this Government is not pr epared to do that. But the Opposition was offered. The Opposition was offered a presentation on this whole deal.
[Inaudible interjections]
Lt. Col. Hon. David A. BurchDo not tell me no. I will get . . . the Premier can stand. We offered that the technical officers would explain to them the whole process because we knew that we were coming short. And they said no, they were not going to agree to it.
The SpeakerThe SpeakerThank you. Bermuda House of Assembly Hon. Zane J. S. De Silva: Now, Mr. Speaker, that is some clarity for you from the Minister himself. Now, so, so, Mr. Speaker, so, what that leads you to think, Mr. Speaker, really, what is the OBA’s endgame with regard to this objection …
Thank you.
Bermuda House of Assembly Hon. Zane J. S. De Silva: Now, Mr. Speaker, that is some clarity for you from the Minister himself. Now, so, so, Mr. Speaker, so, what that leads you to think, Mr. Speaker, really, what is the OBA’s endgame with regard to this objection today? What is their endgame? What is their endgame? Do they want Bermuda to be successful? Do they want us to create and encourage people to bring foreign exchange to this country, Mr. Speaker, or do they not? I would not be surprised if we see this same ad coming back out before long. Maybe all of a sud-den it is going to fall over the cliff again. Then the Honourable Member Trevor Moniz asked, How long is this deal going to be? Well, I will tell you what, it is going to be a lot less than 30 years [like] it is for that airport, Mr. Speaker . And what is it going to cost? he says, Mr. Speaker . What is it going to cost? The Honourable Member , the former Attorney General, says, What is it going to cost? Where was the former Attorney General, Mr. Speaker, when the $165 million guarantee of the taxpayers’ money was in def ault six months before the election last year? Where was he? Six months before the election, $165 million in default. Where was the Attorney General? Maybe he was just spending all this time talking to police and Lahey people, and Lord knows who else, shredding papers . . . I do not know, Mr. Speaker !
[Inaudible interjections] Hon. Zane J. S. De Silva: Maybe that is why; maybe that is why he could not —
The SpeakerThe SpeakerSpeak to the Chair. Speak to the Chair. Hon. Zane J. S. De Silva: He could not get a hand le on the real things that an Attorney General should be doing. [Inaudible interjections]
The SpeakerThe SpeakerSpeak to the Chair. Hon. Zane J. S. De Silva: Instead of his personal agendas, Mr. Speaker . Maybe that is why . . . maybe that is why you have the st uff that is coming out of his mouth today, Mr. Speaker, that just makes no sense. It …
Speak to the Chair. Hon. Zane J. S. De Silva: Instead of his personal agendas, Mr. Speaker . Maybe that is why . . . maybe that is why you have the st uff that is coming out of his mouth today, Mr. Speaker, that just makes no sense. It makes no sense, Mr. Speaker . In fact, it is embarrassing. And if I was an OBA colleague of his, I would be embarrassed. [Inaudible interjections]
The SpeakerThe SpeakerNow, speak to the Chair. You do not have to worry about that one. You are not that co lleague. Speak to the Chair. Hon. Zane J. S. De Silva: Mr. Speaker, let me finish on this note. I would like to thank Colonel Burch for bringing this legislation today. …
Now, speak to the Chair. You do not have to worry about that one. You are not that co lleague. Speak to the Chair. Hon. Zane J. S. De Silva: Mr. Speaker, let me finish on this note. I would like to thank Colonel Burch for bringing this legislation today. And, yes, some people have returned. And the Honourable Member Trevor Moniz said, L ook, he does not mind . He will come back ; he is representing the people. Well, I will tell you what, maybe now that he will have a little bit more time sitting on that side of the House to actually do that because he certainly did not do it when he was Attorney General. But let me get back —
The SpeakerThe SpeakerWell, you know — Hon. Trevor G. Moniz: Mr. Speaker —
The SpeakerThe SpeakerWe need to be guided on what we throw out there. Hon. Zane J. S. De Silva: Yes.
The SpeakerThe SpeakerBecause everyone— Hon. Trevor G. Moniz: Unparliamentary language—
The SpeakerThe Speaker—everyone is keeping . . . done their job to the best of their ability. Hon. Zane J. S. De Silva: Well, okay, I guess that says a lot, too, if you are going to talk about the best of their ability. Thank you, Mr. Speaker —
The SpeakerThe SpeakerWell, well, well, just stay on track. Hon. Zane J. S. De Silva: I will leave it at that. I could not have said it any better.
The SpeakerThe SpeakerStay on track. Hon. Zane J. S. De Silva: But Colonel Burch, thank you very much. Thank you to his team. I know that doing these things are not easy and, y ou know, I declare my interest, I do a bit of developing myself. But I would like to …
Stay on track.
Hon. Zane J. S. De Silva: But Colonel Burch, thank you very much. Thank you to his team. I know that doing these things are not easy and, y ou know, I declare my interest, I do a bit of developing myself. But I would like to say that this is a welcome for the country. It is following on with what the Premier had to r emind everybody of this morning about where we are in terms of our debt, our a ir arrivals, our budgets, our deficit reductions —
An Hon. Member An Hon. MemberWe are doing a lot for less. Hon. Zane J. S. De Silva: We are doing more with less, to use a phrase from a former Premier. We are doing more with less. So, Mr. Speaker, on that note, I ho pe we have heard the one and only — …
We are doing a lot for less. Hon. Zane J. S. De Silva: We are doing more with less, to use a phrase from a former Premier. We are doing more with less. So, Mr. Speaker, on that note, I ho pe we have heard the one and only —
[Inaudible interjection]
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Bermuda House of Assembly Hon. Zane J. S. De Silva: —the one and only objection to this particular Bill that is here before the House today. Thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member from constituency 11. Honourable Member Famous, you have the floor.
Mr. Christopher FamousMr. Speaker, as you know, I have been in the Ar my. Right? And there is this mil itary term called “scorched earth.” Can I read the def inition of “scorched earth”?
Mr. Christopher Famous“Scorched- earth policy is a military strategy that aims to destroy anything that migh t be useful to the enemy while it is advancing through or withdrawing from a location. Any assets ” (I repeat) “Any assets that could be used by the enemy may be targeted, for example food …
“Scorched- earth policy is a military strategy that aims to destroy anything that migh t be useful to the enemy while it is advancing through or withdrawing from a location. Any assets ” (I repeat) “Any assets that could be used by the enemy may be targeted, for example food sources, water supplies, transportation, communications, industrial resources . . .” and even housing.
Mr. Christopher FamousSo, Mr. Speaker, what we had prior to 2012, December 17, was a scorchedearth policy when it came to the Grand Atlantic. Ev erything about Grand Atlantic was bad —every sing le thing. No need for me to repeat the lines because it has been said already, but I will …
So, Mr. Speaker, what we had prior to 2012, December 17, was a scorchedearth policy when it came to the Grand Atlantic. Ev erything about Grand Atlantic was bad —every sing le thing. No need for me to repeat the lines because it has been said already, but I will just repeat, It is going to fall in the water! They went out and took pictures on the water to try to show that it was right on the cliff, when it was about 20 feet f rom the cliff. Right? And I am saying to myself, I need to investigate this here. So post 2012 . . . can I read something from Bermuda Sun?
Mr. Christopher FamousIt is very brief. “Public Works Minister, Patricia GordonPamplin, said the move will provide job and tourism opportunities in Bermuda. She added: ‘The proposed redevelopment of the Grand Atlantic site will create a condo hotel which will make use of existing construction and bring a new all -suite tourism product …
It is very brief. “Public Works Minister, Patricia GordonPamplin, said the move will provide job and tourism opportunities in Bermuda. She added: ‘The proposed redevelopment of the Grand Atlantic site will create a condo hotel which will make use of existing construction and bring a new all -suite tourism product to Bermuda that is very popular in other jurisdictions.’” Now, I am trying to think, how could som ething out there falling in the water now be this pa-nácea (I don’t know if that is the right pronunciation) —
Mr. Christopher FamousSorry. I thought it was “penicillin.” (My bad.) [Inaudible interjections]
Mr. Christopher FamousHow can this now be this utopia for tourism when it was going to fall in the w ater? So you know what, Mr. Speaker? I said, Let me do some investigation. I was contacted by the chief architect who was there to do this transition. I am not going …
How can this now be this utopia for tourism when it was going to fall in the w ater? So you know what, Mr. Speaker? I said, Let me do some investigation. I was contacted by the chief architect who was there to do this transition. I am not going to call his name, but he worked for a reputable firm. And the chief architect met with me down at Harry’s, brought all these players, and not just —
[Inaudible interjections]
Mr. Christopher FamousSorry, not Harry’s. The one across from BF&M. I am from Back o’ Town, so I don’t really know the name. [Inaudible interjections]
Mr. Christopher FamousBouchée! Bouchée! Bouchée! It wasn’t D egraff ’s. [Inaudible interjections]
Mr. Christopher FamousWell, anyway, they brought out the plans. And I was saying, Well, how is this elevator going to go on a cliff that is going to fall down? They said, Look, let me show you the geological plans that have been in existence all along. They showed me the geological. …
Well, anyway, they brought out the plans. And I was saying, Well, how is this elevator going to go on a cliff that is going to fall down? They said, Look, let me show you the geological plans that have been in existence all along. They showed me the geological. They showed me the layout. The showed me the pagoda, all this stuff. And I said, Whoa! This looks great. Why was the OBA saying that it was going to fall overboard?
Bermuda House of Assembly And they were like, Oh man, you can’t listen to them. They don’t know what they’re doing. They were doing that for political rhetoric.
Mr. Christopher FamousThat is why you only won by 150 votes. Anyway, essentially, it was a great project when the OBA wanted to do it, but it was bad project when the PLP wanted to do it. Just like now, when the PLP is following along with that, it is now a …
That is why you only won by 150 votes. Anyway, essentially, it was a great project when the OBA wanted to do it, but it was bad project when the PLP wanted to do it. Just like now, when the PLP is following along with that, it is now a bad pr oject. Now, what is the overriding narrative? The overriding narrative that they are trying to create is that the PLP is incapable of construction and proper business deals. But as we heard earlier from the ec onomic report for the quarter . . . hm m, all of our figures are looking real good— even better than yours. Let me read something from the Auditor . . . is it possible for me to read something from the Auditor General’s r eport?
The SpeakerThe SpeakerBrief; as long as it is brief.
Mr. Christopher FamousVery brief. This is about the former Government. “ The matters of special i mportance show that Government ” (OBA Government) “is making decisions without knowing the combined financial position of all the organizations that make up the Government [.] It is not providing the House of A ssembly ” …
Very brief. This is about the former Government. “ The matters of special i mportance show that Government ” (OBA Government) “is making decisions without knowing the combined financial position of all the organizations that make up the Government [.] It is not providing the House of A ssembly ” (which will be this Honourable House) “ or the public the analytical information that would help them understand Government’s financial statements and its financial condition. ” (Hmm!) “ There are no effective long-term pl ans for reducing the annual and accum ulated deficits or the associated debt, the unfunded liabilities of its major pension plans or the size of taxpayer indebtedness, all of which continue to grow u nsustainably. ” That was a report about the OBA, the guys who are supposedly so smart when it comes to bus iness. So, I am going to close by saying this. The OBA needs to realise this: You are not going to win voters with your scorched earth policy. The PLP, my party, the people’s party, continue to do what you are doing. Continue to be transparent to the people, b ecause that is why we will remain Government. Thank you, Mr. Speaker. The Speaker: Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Swan from the East End. Honourable Member Swan.
The SpeakerThe SpeakerI like those words, Mr. Swan, if you can stick to them. [Laughter]
Mr. Hubert (Kim) E. SwanMr. Speaker, allow me to address a couple of comments that were made. The Shadow Attorney General referred to “kicking the can down the road.” I felt it necessary to speak directly to that first because a Government with a five -year term maximum in its f irst year addressing …
Mr. Speaker, allow me to address a couple of comments that were made. The Shadow Attorney General referred to “kicking the can down the road.” I felt it necessary to speak directly to that first because a Government with a five -year term maximum in its f irst year addressing a matter would not kick a matter down the road. I would conclude that the Minister of Works bringing this here is looking to take care of this matter once and for all. I certainly have only spent one year of my 15 years in this legisla ture, in Government. So I think I am pretty well experienced in what an Opposition will do. Well, let me give persons a little bit of som ething about what an Opposition would do. An Oppos ition would certainly speak in ways that might cause the Government to be jammed up. If it might be addressing rebuilding some apartments down at A nchorage [View] Road in St. George’s, I think the current Minister of Works and Engineering knows very well that the current speaker on his feet would know very well how to addr ess issues of that nature, certainly as they relate to their constituents. Loughlands, and I am referring to buildings that sit here today that serve the community well t oday, would have been subject to Opposition points that would have served to cause the Government some concern as it was setting out its agenda. Perimeter Lane, you only have to go down Marsh Folly and look, as I did recently. I said, Boy. And I know , working with plumbers, my good friends from the East End, I have had occasion to have been there and seen what good units they are. Harbour [View], those four buildings that sit across from St. George’s Harbour that house many families in the Honourable Member from constituency 4, Ms. Tinee Furbert’s constituency, along with Lamb Foggo [Urgent Care Centre], just across the street. Let us not forget the fast ferries, and what a staple fixture they are in our community today, so much so that no one would go back to the pop, pop, pop, pop, pop across there, no matter how quaint and wonderful they are. People are used to getting from Dockyard to St. George’s in quick order.
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Bermuda House of Assembly An Hon. Member: Exactly!
Mr. Hubert (Kim) E. SwanAnd enjoying the wonderful vistas along the way. So kicking the can down the road does not apply to this Government on thi s project. In the absence of my good friend, the Minister of [Social Development] and Sport, Minister Weeks (who was a former Minister of Works and Engineering), …
And enjoying the wonderful vistas along the way. So kicking the can down the road does not apply to this Government on thi s project. In the absence of my good friend, the Minister of [Social Development] and Sport, Minister Weeks (who was a former Minister of Works and Engineering), let me say this: I know that Minister had grave concerns, because in the lead- up to 2012 . . . and we know what was taking place in 2012. It was an election year. I believe that the concerns that were raised by all and sundry made it very difficult for Minister Weeks and any initiative by Mr. Dill and others within the [Bermuda] Housing Corporation to move any sales for first -time owners to any conclusion, notwithstanding any interest that might have been expressed. I think there may have been more than 100 people who expressed interest, and only one was able to reach a contractual conclusion, I bel ieve, maybe two. Why? Because the sky was falling! More importantly, the cliffs were falling! So, yes, that was the Opposition. But I was reminded, just doing a little research back there, when myself and a colleague sat all alone in 2012 coming forth with (as my good friend, Brutus Foggo always [said]), with some solutions. When Mi nister Weeks announced the 100 per cent financing, I had suggested that in the sphere of the lack of tourism beds that existed during that whole period, and parti cularly during t he recession, that quite possibly the best solution would have been looking at rental accomm odations. And that was a fair comment from myself looking for a solution. Now, the OBA and Government had an epiphany, as it was pointed out. And a condo hotel came into fruition, at least from a Memorandum of Understanding and a conceptualisation on their part. But as my good friend, the Honourable Member from constituency 11, Brother Famous, pointed out about the scorched earth definition, as it applies politically , is that the example of kicking the can down the road may have been better examined, [or] better [illustrat-ed] by the former Government, because the former Government did not have any vested interest in correcting a situation that was started under the PL P. But they would move heaven and earth and break every rule if it satisfied their agenda. [Inaudible interjections]
An Hon. Member An Hon. MemberOh, yeah.
Mr. Hubert (Kim) E. SwanAnd we saw that! We have seen it! We lived with it! We have seen contracts put in place that are irrevocable. Because when it is for their agenda, they would move heaven and earth for it!
An Hon. Member An Hon. MemberThat’s right!
Mr. Hubert (Kim) E. SwanAnd they could have reached a conclusion for this. They could have done so in the same spirit that when it was on the America’s Cup agenda, Team France, who I used to sit on the bus with coming up on the South Shore, catching the 6:15 smoking from St. …
And they could have reached a conclusion for this. They could have done so in the same spirit that when it was on the America’s Cup agenda, Team France, who I used to sit on the bus with coming up on the South Shore, catching the 6:15 smoking from St. George’s, would pick them up at 7:15 every morning. Right? When there were no spaces left for any Bermudians. Right?
Mr. Hubert (Kim) E. SwanIt was okay for Team France. So that is the hypocrisy and the example of kicking the can down the road. But I can tell you that the Minister of Works and Engineering . . . I know the Colonel is not about to kick this down the road, because …
It was okay for Team France. So that is the hypocrisy and the example of kicking the can down the road. But I can tell you that the Minister of Works and Engineering . . . I know the Colonel is not about to kick this down the road, because it is his Ministry and he would be tied to kicking that can. We are looking for a solution for this problem. And it is easy to get here and say, Well, it goes back to 2011 and on the PLP watch. It lived during the entire watch of the OBA!
An Hon. Member An Hon. MemberBut it was not that long, it was only four and a half years.
Mr. Hubert (Kim) E. SwanWell, for many of us it was the longest four and a half years of any political party in the history of this country. [Laughter and inaudible interjections ]
Mr. Hubert (Kim) E. SwanIt was like nine . . . it was like 15 UBP years. Fifteen UBP years! [Laughter]
The SpeakerThe SpeakerI will remind you that you started off using that word “brief.” [Laughter] Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: I did, Mr. Speaker. I also spoke last week and spoke of a victory that did not materi alise also. [Laughter , desk thumping, and inaudible interjections]
Mr. Hubert (Kim) E. SwanHow painful that is, Mr. Speaker! My three minutes this morning went by far too fast. [Laughter]
Mr. Hubert (Kim) E. SwanI am living with that. I am only g lad that we are going to recess until November, then I do not have to put up with this crowd reminding me of the loss.
The SpeakerThe SpeakerYou almost left me speechless that time.
Mr. Hubert (Kim) E. SwanI say that respectfully. But, Mr. Speaker, let me say this, because I am often reminded that, when it is convenient, you will hear the environmentalists singing from the rooftops about the cliffs of the South Shore. You would hear the environmentalists sing from the rooftops about a hotel development, …
I say that respectfully. But, Mr. Speaker, let me say this, because I am often reminded that, when it is convenient, you will hear the environmentalists singing from the rooftops about the cliffs of the South Shore. You would hear the environmentalists sing from the rooftops about a hotel development, when i t is in the PLP watch. And you can hear the silence when it was on the OBA watch, whether or not it was in St. George’s, whether or not it be up at Grand Atlantic, as we are speaking about now. So there are double standards that exist in Bermuda, and we know all about them. But let me [ask]. Is it ideal that we come here at this juncture before we come back for the Throne Speech that we have to go through three weeks in one day? No. As one who sat in this legislature before—for 15 years now —has it happened before? Yes! Has it happened before in the 1980s? Yes! Has it happened in the 1970s? Yes! Will it happen in 2020 and beyond? I can’t say with all certainty, but I am sure it will. But let me tell you, this is not about kicking the can down the road. And let no one hearing my voice, or if they were to read it in the Royal Gazette, which they do not very often, what I would say here and read it in the Royal Gazette, let me tell you, that any Go vernment with a five- year t erm, addressing something in year one, is not about to kick the can down the road. It is looking, [at] the conclusion of year one, now stepping into year two, at dealing with a matter that is of grave importance. And let me say, Mr. Speaker, I certainly have great confidence in the Minister that is going to carry out this responsibility. Thank you very much for my brief moment. I Iook forward to contributing further.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Cannonier. You have the floor, Honourable Member.
Mr. L. Craig CannonierI was not going to speak, but just for some clarification on the matter. I actually, quite frankly, believe that we need to get it done. Okay? It was a shock and surprise to hear that within one day that this matter was brought before us to debate. It is …
I was not going to speak, but just for some clarification on the matter. I actually, quite frankly, believe that we need to get it done. Okay? It was a shock and surprise to hear that within one day that this matter was brought before us to debate. It is what it is. We know and we would like to see the project move forward, as has already been said by the Government. It was a project that we [the OBA] were looking to get done. And some of the issues that arose from this particular project were the fact tha t the entity that has the contract now, under the OBA Government, was not able to get the proper financing in place. And we extended the MOU for them, the Memorandum of Understanding, over and over and over, looking for a way to find a solution. So as we debate this here, I am just trying to throw some balance out there. You know, I understand when you say, Well, scorching the earth, and the hotel was going to fall into the ground, and that kind of thing, the politics of that going back and forth. Well, let’s just face up to it. At that particular time, the PLP lost that argument. But you cannot use that argument as to why you did not get it done. So, let’s move on with getting the project done. Nobody needs to hear about, Oh, the scorched earth this, and that kind of a thing. And, You pooh- poohed all over it, and that kind of a thing. You know, y ou dissed it.
The SpeakerThe SpeakerMembers, speak to the Chair. Speak to the Chair.
Mr. L. Craig Cannonier—of any number of issues that while we were Government there were good init iatives and they were met with vexation over the way that we were going forward with certain things. That is part of the cut and grind of politics. But at the end of the day what …
An Hon. Member An Hon. MemberHear, hear!
Mr. L. Craig CannonierAnd that is why I supported the idea of moving forward to debate this thing today. But I will say, Mr. Speaker, it was concerning to just hear about it yesterday. So, it is what it is. We need to move forward with this and we will move forward with …
And that is why I supported the idea of moving forward to debate this thing today. But I will say, Mr. Speaker, it was concerning to just hear about it yesterday. So, it is what it is. We need to move forward with this and we will move forward with this particular project to get it done because it needs to get done. The project — Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? 3090 10 August 2018 Official Hansard Report Bermuda House of Assembly POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: I am not sure if the Ho nourable Member is misleading the House intentionally or not . . . I don’t think he is doing it …
Point of order? 3090 10 August 2018 Official Hansard Report
Bermuda House of Assembly POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: I am not sure if the Ho nourable Member is misleading the House intentionally or not . . . I don’t think he is doing it intentionally. But when he just said that the first time he is hearing about it is today, I said earlier —
The SpeakerThe SpeakerI think what he was making reference to was the fact that we were going to do the Bill today because we were only notified — Hon. Zane J. S. De Silva: Okay.
The SpeakerThe Speaker—of it 24 hours ago that it would be done today. Hon. Zane J. S. De Silva: Well, that is not what he was indicating to me.
Mr. L. Craig CannonierThat is exactly what I said. That is exactly what I said. And therein lies the issue. Sometimes we just maybe need to speak less and listen so that we understand what people are saying. This thing only came up, Mr. Speaker, as of yesterday. [Inaudible interjections ]
Mr. L. Craig CannonierI am talking to all of us! Yes, they already heard from me. They heard me say, Let’s go ahead and do this. I am not going to hide behind it. I said, Let’s do it! But the point is, we get in this House, Mr. Speaker, and we go …
I am talking to all of us! Yes, they already heard from me. They heard me say, Let’s go ahead and do this. I am not going to hide behind it. I said, Let’s do it! But the point is, we get in this House, Mr. Speaker, and we go back and forth complaining, Oh, well, when you did this. Well , this and that, and it was going to fall into the earth. You lost that argument, just like we lost some arguments. We are on this side, but I also know what it means to be on that side. So the point of the matter is, we are sitting here in the House and w e are going back and forth with things that do not matter! What does matter is, let’s get this project g oing because it means jobs for people. It means that we can get some things going. And if the Minister is looking forward to doing that . . . well, I agree. We need to see some transparency. The first time I am hearing of the structure of this here, I think it needs to be taken to the public. They need to know how it is going to be structured, but let’s get on with it. Let’s end this debate the way that it is going because you can get up there and make all the noise you want. We have had our turn at making our noise, just like we just heard from Honourable Members. I know they were referencing the airport. The airport is getting done. At the end of the da y, what I want to be able to say, just like the airport, it is wi nning awards for getting done. I want to hear the same thing about Grand Atlantic. So if it means that the Mi nister has to go forward with what he needs to go for-ward with, let’s let the Mini ster go ahead with it. We know the issues that lie with it there. This Island paid a whole lot of money for that, so if we have an opportunity to get it back, let’s get it back. We saw opportunity with America’s Cup to get some money coming back so we coul d pay the interest on it. Let’s move on! Let’s get it done! Let’s just get it done, Mr. Speaker. And with that, that is all I got to say.
The SpeakerThe SpeakerThank you, Honourable Member. No further speakers? Oh, sorry. Opposition Leader, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I will take up from where we first started. I think my colleague here indicated right from the get -go that our concern was the …
Thank you, Honourable Member. No further speakers? Oh, sorry. Opposition Leader, you have the floor.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I will take up from where we first started. I think my colleague here indicated right from the get -go that our concern was the fact that this was something that was being pushed through and we had some concerns about us effectively trampling on the process. And that is the point that I just want to make, we came back because we understood that we had things to do with the CFATF and with our review that was coming up. We all have had a number of things which we are trying to push through. And, you know, tonight we are going to deal with a number of other items. And the rules indicate that we should try and have this un-derstanding of what the rules are and come to an agreement. And that w as why my colleague [spoke] about us not acquiescing it too, because we believe that when we started to look at it that there were a number of issues in there that needed for us to have more time. Therefore, it is not a matter of someone sa ying, Well, com e to a meeting tomorrow and therefore somebody putting something on the front that says, ‘This is what we believe is involved.’ It is really getting into the whole discussion of all of the other intricacies that are there. And as my colleague indicated, being able to understand what was going to happen with respect to the agreement, who was going to be i nvolved in what, what was happening with respect to the Housing Corp[oration], suddenly now (if you will) moving from a Housing Corp[oration] that was acc umulating housing for people who wanted to be housed, and then turning and taking on some of the new functions . . . those were some of the issues. I do not want to get into the discussion about what happened back then, from the point of view of how it was started. And I am not going to get into the discussion about how much money was actually spent. And I am not going to get into the suggestion that the OBA Government did not want to try and have it turned into something, because we did. Nobody
Bermuda House of Assembly wants to see an asset sitting there that is not earning money, but it is costing money without being able to turn around and do something about it. So I just . . . I mean, this business of suggesting that we would of have willingly tried not to move it forward, I think it someone not being totally honest. And I just want to say, Mr. Speaker, that today this . . . the second thing that we are going to do today is another piece of legislation which we are going to put through in what I call the short reading. But the bottom line is . . . and I want the people of Bermuda to understand what worries us is that when we are doing a lot of these things, we see things coming back where the drafting creates problems, and it comes back and you come back later. And then someone says, Well, why didn’t you realise that? Why didn’t you understand that this was going to happen? And we have to understand that sometimes haste makes waste. And so all I am going to say, Mr. Speaker, we are here, and I would just hope that we do not have any waste created by our haste. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Minister, it looks like it’s time for you to get your re sponse in. Thank you.
Lt. Col. Hon. David A. BurchThank you, Mr. Speaker. I shan’t be very long, but I shall try and get to where we need to be as quickly as I possibly can. With your indulgence, Mr. Speaker, I would like to first read just one small p aragraph from the statement of March 28 th, …
Thank you, Mr. Speaker. I shan’t be very long, but I shall try and get to where we need to be as quickly as I possibly can. With your indulgence, Mr. Speaker, I would like to first read just one small p aragraph from the statement of March 28 th, which encapsulates esse ntially where we are at, and then try to explain why it is that we are now at the stage of how it has evolved. And so this would be the one, two, three . . . fifth paragraph of (I don’t know ) a 15- paragraph statement. And it states, Mr. Speaker, and this was from March. “The property is currently owned by Bermuda Housing Corporation and will be redeveloped by a wholly owned subsidiary of the Corporation with expert input from the specialist resort co-developer team, who will provide the design, project management, operations and marketing experience and r esources. The co- developer team consists of OBMI Bermuda, which has provided the architectural and interior design input to date, and Bermuda Realty Company Limited which provides the real estate marketing expertise and international sales network. Hotel operations input and overall commercial project management is provided by the Caribbean’s largest resort development consultants, MacLellan & Associates, who have also sourced debt financing for the project. ” That was in March, Mr. Speaker. I know that when I gave a Statement on the state of the Ministry, just last month, 20th of July, I know it was long, Mr. Speaker. [Inaudible interjectio n]
Lt. Col. Hon. David A. BurchJust slightly shy of 18 pages, but it had a reference in there about Grand Atlantic too. I won’t bother to read that. But let me just answer a couple of the questions, Mr. Speaker. First of all, there is no agreement in place at the moment, other than a …
Just slightly shy of 18 pages, but it had a reference in there about Grand Atlantic too. I won’t bother to read that. But let me just answer a couple of the questions, Mr. Speaker. First of all, there is no agreement in place at the moment, other than a general understanding, because the Corporation is incapable under its Act to enter into an agreement. So I cannot table one. But the general outline has already been put into the pu blic domain, and that agreement will be f ramed around that answer. Mr. Speaker, I gather from the Opposition that the challenge was with securing financing before. In this particular case, Mr. Speaker, they have secured financing . . . sorry, [they have secured] three offers of financing for th is project. So a lot of work has been done. And I really would like to commend the leadership of the BHC [Bermuda Housing Corporation], in particular, and, in particular, Mark Melo, [who] is in the House with us today who is a financial wizard.
Lt. Col. Hon. David A. BurchI mean, those who served in this job, if they took an interest in the BHC, they would know that he . . . not a penny goes missing under his watch.
Lt. Col. Hon. David A. BurchAnd there is evidence from an Auditor General in successive audit reports to confirm that, Mr. Speaker. So I have full and complete confidence in his ability and his advice insofar as f inancial matters of concern.
Lt. Col. Hon. David A. B urchMr. Speaker, there was some concern about the timing. This is a different time in terms of hotel development and it is a different time than it was in 2012 and during the course of the former administration. But at the present, I can tell you that t here are …
Mr. Speaker, there was some concern about the timing. This is a different time in terms of hotel development and it is a different time than it was in 2012 and during the course of the former administration. But at the present, I can tell you that t here are two major hotel brands interested in operating a hotel. And if we look at the . . . and I am stepping a little bit out of my lane, but he is not here at the moment ––the Minister of Tourism ––but there is a demand for a three- star facility in this c ountry. And so it is going to cater to an area where there is interest from tourists. Mr. Speaker, the fact of the matter is that we did not believe, and we were not advised [about] this method of dealing with what we proposed until very late in the game. And, Mr. Speaker, it has been my experience, both in the iteration of this job and the last one, that when you put three lawyers in a room you get five opinions. And at the end of the day, Mr. 3092 10 August 2018 Official Hansard Report
Bermuda House of Assembly Speaker, in order for us to be able to do what it is that we wish to do in terms of advancing this project, this is where we are at. So we accept that this is the last minute and all of the rest of it, Mr. Speaker, but what we are not prepared to accept is waiting a year. And I asked the question, What are the rami fications if we go through the normal process and come back in November and pass it so that we can proceed? Mr. Speaker, I can tell you, we cannot even paint the damn buildings.
Lt. Col. Hon. David A. BurchI mean, we can, but it would be our money. But, you know, we are determined not to step outside the legal framework where we are operating on a solid footing. And so it is for that reason why we are here today with full confidence that, you know, this …
I mean, we can, but it would be our money. But, you know, we are determined not to step outside the legal framework where we are operating on a solid footing. And so it is for that reason why we are here today with full confidence that, you know, this is a project that, as my honourable colleague said, w e are not kicking it down the road . We would not be doing that at the s tart of our second t erm. We are going to have to live with this as . . . I will not even use the term that they used to describe it. That is why they did nothing with it, because of the way they characterised the Grand Atlantic. With those comments, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Deputy, would you like to . . . ? Thank you. House in Committee at 6 :33 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA HOUSING AMENDMENT ACT 2018
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Bermuda Housing Amendment Act 2018 . Minister Burch, you have the floor.
Lt. Col. Hon. David A. BurchIt is fairly straightforward. Clause 1 is self -explanatory. Clause 2 amends section 2 of the Act by amending the definition of “disposal of land or buil d-ings” by inserting their transfer after their sale, which will allow for the transfer of BHC property to subsidiaries once they are created. …
It is fairly straightforward. Clause 1 is self -explanatory. Clause 2 amends section 2 of the Act by amending the definition of “disposal of land or buil d-ings” by inserting their transfer after their sale, which will allow for the transfer of BHC property to subsidiaries once they are created. Clause 3 amends the Act by deleting section 9(1)(c) of the [ principal ] Act and introducing [subsection] [(1)](c) to section 9 of the [ principal ] Act, which will allow the BHC to acquire, build, develop, manage, or dispose of premises other than dwellings. This will allow the BHC to convert the residential units at Grand Atlantic to condo hotel units, and the flexibility on ot her developments, as well as the ability to own their own offices. The proposed amendment to section 9 of the Act, deletes and replaces subsection (1)(g) with “repair, improve or dispose of dwellings, and” and clarifies BHC’s power to make disposals of property. o enable the creation of w holly owned subsidiaries of the BHC, it is proposed to amend the Act by introduc-ing the [new subsection] (3A) to section 9 of the [pri ncipal] Act after subsection (3). Clause 4 amends section 13 of the [principal] Act by inserting a new subsection (7) to e nable the BHC, on the direction of the Minister, to make loans and guarantees in respect of the wholly owned subsidiaries, such loans and guarantees subject to the Minister of Finance’s approval. Clause 5 amends the [principal] Act by including provisions for exemption from land tax for the BHC, and exemption from stamp duty for the BHC and its wholly owned subsidiaries. It also inserts a new section 13B, which, on any redevelopment of the Grand Atlantic units into a hotel, the units shall be deemed to fal l within the definition of a new hotel for the purposes of the Tourism Investment Act 2017. This will allow the BHC or its wholly owned subsidiary to apply for a tourism investment order under the Tourism Investment Act 2017. Clause 6 provides for a commencement date by notice in the Gazette. Thank you.
The ChairmanChairmanThank you, Minister. Any further speakers? There appear to be none. Minister, you want to move these clauses?
The ChairmanChairmanIt has been moved that clauses 1 through 6 be approved. Are there any objections? There appear to be none. Approved. [Motion carried: Clauses 1 through 6 passed.]
Lt. Col. Hon . David A. BurchMr. Chairman, I move that the preamble be approved. Bermuda House of Assembly The Chairman: It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved.
Lt. Col. Hon. David A. BurchMr. Chairman, I move that the Bill entitled the Bermuda Housing Amendment Act 2018 be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that? There appear to be none. Approved. The Bill will be reported to the House. Thank you. [Motion carried: The Bermuda House Amendment Act 2018 was considered by a Committee of the whole …
It has been moved that the Bill be reported to the House as printed. Any objections to that? There appear to be none. Approved. The Bill will be reported to the House. Thank you.
[Motion carried: The Bermuda House Amendment Act 2018 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6 :37 pm
[Hon. Dennis P. Lister, Jr., Spe aker, in the Chair]
REPORT OF COMMITTEE
BERMUDA HOUSING AMENDMENT ACT 2018
The SpeakerThe SpeakerMembers, are there any objections to the Bermuda Housing Amendment Act 2018 being reported to the House as printed? No objections. So moved. That brings us to the end of that item. We now move on to [Order] No. 5 on the O rder Paper, which is the second reading …
Members, are there any objections to the Bermuda Housing Amendment Act 2018 being reported to the House as printed? No objections. So moved. That brings us to the end of that item. We now move on to [Order] No. 5 on the O rder Paper, which is the second reading of the Road Traffic Amendment and Validation Act 2018, in the name of the Minister of Transport[ation] and Regulat ory Affairs, the Honourable Deputy Premier. Deputy Premier, would you like to take the floor? Hon. Walter H. Roban: Yes. Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order be suspended . . . do I move the Order 29 first?
The SpeakerThe SpeakerMm-hmm. SUSPENSION OF STANDING ORDER 29(1) [To allow second reading of the Road Traffic Amendment and Validation Act 2018.] Hon. Walter H. Roban: Thank you. I move that Standing Order 29 [(1)] be suspended to enable me to proceed with the second reading of the Bill entitled: the Road Traffic …
Mm-hmm.
SUSPENSION OF STANDING ORDER 29(1) [To allow second reading of the Road Traffic Amendment and Validation Act 2018.]
Hon. Walter H. Roban: Thank you. I move that Standing Order 29 [(1)] be suspended to enable me to proceed with the second reading of the Bill entitled: the Road Traffic Amendment and Validation Act 2018. The Speaker: Continue on, Minister.
Hon. Walter H. Roban: Do I do the recital again in the normal way?
The SpeakerThe SpeakerYes, just continue on. BILL SECOND READING ROAD TRAFFIC AMENDMENT AND VALIDATION ACT 2018 Hon. Walter H. Roban: I move that the Bill entitled the Road Traffic Amendment and Validation Act 2018 be now read a second time.
The SpeakerThe SpeakerYes, you can begin. Hon. Walter H. Roban: Mr. Speaker, the purpose of this Bill is to amend the Road Traffic Act 1947 so that orders made under section 1 of the Act are made by the negative resolution procedure, also to deem valid any order that was previously made …
Yes, you can begin. Hon. Walter H. Roban: Mr. Speaker, the purpose of this Bill is to amend the Road Traffic Act 1947 so that orders made under section 1 of the Act are made by the negative resolution procedure, also to deem valid any order that was previously made under section 1 by publication in the Gazette. Mr. Speaker, the Bill before the House is the Road Traffic Amendment and Validation Act 2018, which inserts a new section in the Road Traffic Act 1947, the principal Act, for orders made under section 1 of the principal Act to be subject to the negative resolution procedure. Such orders are made f or the purpose of approving various devices and instr uments. Recently, it was determined that the procedure for making orders under section 1 of the principal Act is not specified. The Bill addresses the issue by inser ting a new section to specify any orders created under section 1 of the principal Act are to be made by the negative resolution procedure. Mr. Speaker, it was also determined that over the years several orders had been published in the Gazette , such as the Road Traffic (Approved Instr ument) Order 2004, the Road Traffic (Approved Instr ument) Order 2008, and the Road Traffic (Approved Container) Order 2015. This Bill makes provision for the validation of orders previously published in the Gazette under section 1 of the principal Act. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Honourable Member wish to speak? We recognise the Deputy Opposition Leader. Honourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, I do not have any issue with this legislation. I have spoken with the Minister prior to the legislation being tabled and I understand that this will 3094 10 August 2018 Official Hansard Report Bermuda House of Assembly enable the police to use the …
Thank you, Mr. Speaker. Mr. Speaker, I do not have any issue with this legislation. I have spoken with the Minister prior to the legislation being tabled and I understand that this will 3094 10 August 2018 Official Hansard Report
Bermuda House of Assembly enable the police to use the new breathalyser -thingy. And in terms of other Acts that have been made, and just now I guess we are confirming those. It is similar to . . . I guess what I would equate to being on a board of directors and the directors take a bunch of actions without having the formal authority of the board, and that at some point in time they come back and they resolve to approve all of the actions. Like I said, I do not have any issues with it. Hopefully, now we can get on with the road sobriety [testing] and start doing something about all of the carnage that is happening on our r oads. So, thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? Minister, the floor is yours. Hon. Walter H. Roban: Thank you, Mr. Speaker. I thank the Opposition for accommodating this request on our behalf and being able to expedite this procedure around this very specific issue. We had …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? Minister, the floor is yours.
Hon. Walter H. Roban: Thank you, Mr. Speaker. I thank the Opposition for accommodating this request on our behalf and being able to expedite this procedure around this very specific issue. We had the support of the Opposition in the whole matter concer ning roadside sobriety testing so, again, it is appropr iate that they support this measure which is procedural which will allow for this activity to commence at the appropriate time subject to the procedures that were outlined in the previous debate in a previous time. So with that, Mr. Speaker, I move that the Bill be committed.
The SpeakerThe SpeakerThank you. Deputy. House in Committee at 6 :43 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL ROAD TRAFFIC AMENDMENT AND VALIDATION ACT 2018
The ChairmanChairmanHonourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Road Traffic Amendment and Validation Act 2018 . Minister Roban, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. I would like to move clauses 1 through …
The ChairmanChairmanContinue. Hon. Walter H. Roban: Thank you. Mr. Chairman, the purpose of this Bill seeks to amend the Road Traffic Act 1947, the principal Act, to provide that the orders made under section 1 of the principal Act are now subject to the negative resol ution Procedure and to validate …
Continue. Hon. Walter H. Roban: Thank you. Mr. Chairman, the purpose of this Bill seeks to amend the Road Traffic Act 1947, the principal Act, to provide that the orders made under section 1 of the principal Act are now subject to the negative resol ution Procedure and to validate orders previously published in the Gazette under section 1. Clause 1 is the citation. Mr. Chairman, the Act may be cited as the Road Traffic Amendment and Validation Act 2018. Clause 2 inserts after section 1, and a new section 1A orders made under section 1. That is in —
[Inaudible interjection]
Hon. Walter H. Roban: Yes, if I can just repeat that. Clause 2 inserts after section 1, a new section 1A, stating “Orders made under section 1. [1A] T he negative resolution procedure shall apply and shall be deemed always to have applied to any order made by the Minister under section 1.” Clause 3 provides for the validation of orders , an order made under sect ion 1 of the principal Act before the commencement of this Act, and which was published in the Gazette , shall be deemed to have been validly made notwithstanding the provisions of the Statutory Instruments Act 1977. That is the completion of the description of the clauses, Mr. Chairman. Thank you.
The ChairmanChairmanThank you, Minister. Any further speakers? There appear to be none. Minister, do you want to move those clauses? Hon. Walter H. Roban: Mr. Chairman, I wish to move clauses 1 through 3 as printed.
The ChairmanChairmanIt has been moved that clauses 1 through 3 be approved as printed. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Walter H. Roban: Mr. Chairman, I wish to move the preamble.
The ChairmanChairmanIt has been moved the preamble be approved. Any objections to that? There appear to be none. Approved. Hon. Walter H. Roban: Mr. Chairman, I move that the Bill be reported t o the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that? Bermuda House of Assembly There appear to be none. Approved. The Bill will be reported to the House. [Motion carried: The Road Traffic Amendment and Validation Act 2018 was considered by a …
It has been moved that the Bill be reported to the House as printed. Any objections to that?
Bermuda House of Assembly There appear to be none. Approved. The Bill will be reported to the House.
[Motion carried: The Road Traffic Amendment and Validation Act 2018 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 6 :46 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
ROAD TRAFFIC AMENDMENT AND VALIDATION ACT 2018
The SpeakerThe SpeakerMembers, are there any objections to the Bill, the Road Traffic Amendment and Validation Act 2018 being reported to the House as printed? None. So done. That brings that to a close . . . we now move on to the next Order on the agenda. It is Order No. …
Members, are there any objections to the Bill, the Road Traffic Amendment and Validation Act 2018 being reported to the House as printed? None. So done. That brings that to a close . . . we now move on to the next Order on the agenda. It is Order No. 6, which actually is a motion in the name of the Honourable Member Mr. Commissiong. Honourable Member, would you like to take up your matter at this point?
The SpeakerThe SpeakerContinue. MOTION CONSIDERA TION OF PARLIAMENTARY JOINT SELECT COMMITTEE REPORT ON THE ESTABLISHMENT OF A MINIMUM/LIVING WAGE REGIME
Mr. Rolfe CommissiongMr. Speaker, I move that the House do now take under consideration the following motion, notice of which was given on the 20th of July 2018. BE IT RESOLVED that this Honourable House consider and approve the “Report of the Par-liamentary Joint Select Committee on the Establis hment of a …
Mr. Speaker, I move that the House do now take under consideration the following motion, notice of which was given on the 20th of July 2018. BE IT RESOLVED that this Honourable House consider and approve the “Report of the Par-liamentary Joint Select Committee on the Establis hment of a Minimum/Living Wage Regime” together with the recommendations contained in the Report.
The SpeakerThe SpeakerContinue on. You have the floor.
Mr. Rolfe CommissiongMr. Speaker, in the for eword in the aforementioned final Report, I will begin as follows: “In 1940, in his book, “ Base Colonies in the Western Hemisphere, 1940 –1967 ”, author and hist orian, Steven High, wrote that the then United Kingdom Government passed, in the House of Commons, …
Mr. Speaker, in the for eword in the aforementioned final Report, I will begin as follows: “In 1940, in his book, “ Base Colonies in the Western Hemisphere, 1940 –1967 ”, author and hist orian, Steven High, wrote that the then United Kingdom Government passed, in the House of Commons, the ‘UK Colonial Development and Welfare Act’, which created a fund intended to finance development pr ojects throughout the Caribbean region. This aid was, however, contingent upon the respective colonies enacting certain labour reforms.” Bermuda declined to enact the proposed r eforms. Reflecting on the position taken by Bermuda, High wrote, “Despite the tremendous pressure brought to bear, Bermuda refused to implement any of the social or labour reforms. There was no trade union act. No compensation for workplace injury. No minimum wages. No labour dispute conciliation. No reduc-tion in the fifty four hour work week.” “Much struggle and sacrifice occurred in t his country over the next 78 years, in pursuit of impl ementing all of the labour reforms that Bermuda did not have in place. That work will continue now, in 2018, and beyond.” “The Progressive Labour Party Government, set out as one of its initiatives, i n the November 2017 Speech from the Throne: ‘ To ensure that workers can live in dignity and are not working simply to remain in poverty, the Government will support a new Parli amentary Committee to complete the work that was started in the last Parliament to examine the living wage. This committee will present Parliament with recommendations for implementing a living wage in Bermuda. ’ “Accordingly, this Bi -partisan Joint Select Committee for the Establishment of a Living Wage Regime for Bermuda, presents i ts findings and recommendations for the implementation of a living wage for Bermuda. “In June 2016, the Member of Parliament for Pembroke South East, Mr. Rolfe Commissiong, JP MP, tabled the following Motion: “WHEREAS it is acknowledged that unemployment and the underemployment of Bermudians and in particular that of black Bermudians continues to persist; “AND WHEREAS due to the widespread use of foreign sourced low cost labour over the last two decades, real wages once inflation has been factored in hav e seen little or no growth; “AND WHEREAS incipient poverty, the er osion of the middle class and growing despair have led to charities and assistance programmes of various types being overwhelmed as growing numbers of Bermudians, including children do with out the ec onomic necessities required to lead productive and fulfilling lives; “AND WHEREAS growing evidence indicates that, along with rising property related crimes hundreds of Bermudians have become economic m igrants and have relocated to the United Kingdom; “BE IT RESOLVED that this Honourable House call for a Parliamentary Joint Select Committee to examine the efficacy of establishing a liveable wage for Bermuda.” 3096 10 August 2018 Official Hansard Report
Bermuda House of Assembly “Subsequent to the foregoing Motion, the then Government, the One Bermuda Alliance, mandated that a Parliamentary Joint Select Committee (JSC) be formed, the purpose of which was to examine the eff icacy of establishing a living wage for Bermuda. “The 2016 JSC was comprised of the follo wing persons: • Mr. Rolfe Patton Commissiong, JP, MP • Ms. Leah Scott, JP, MP • Mr. Lawrence Scott, JP, MP • Mr. Shawn Crockwell, JP, MP (deceased) • Mr. Mark J. Pettingill, JP, MP • Senator Kim Wilkerson . “In conjunction with the establishment of the JSC, the Labour Advisory Council was mandated to examine the issue and return with a final report to the then Minister of Home Affairs, Senator Michael Fahy, JP. “An interim report to the Legislature was laid before the House of Assembly on 19 May 2017, by the then Chairman of the Joint Select Committee of the Living Wage, Mr. Rolfe Commissiong, JP, MP, with a commitment to table the final report no later than 9 June 2017. “On 1 June 2017, His Excellency the Governor, John Rankin, dissolved Parliament. Accordingly, on 6 June 2017, it was announced that a general election would be held on 18 July 2017, and the Progressive Labour Party won the Government. “On 29 September 2017, MP Commissiong tabled a second Motion in respect of the establis hment of a JSC as set out below: “WHEREAS it is acknowledged that the i ncreasing mal -distribution of national income has facil itated the growth of income inequality and thus incip ient poverty to levels not witnessed in over seven decades; “AND WHEREAS, in addition, due to the near widespread utili zation of foreign sourced, low-cost labour over the last quarter century, wages in real terms —once inflation has been factored in —have declined for many of Bermuda’s workers; “BE IT RESOLVED, pursuant to the Parli ament Act 1957 part IV, that a Joint Select Committee be appointed to investigate, report on its subsequent findings; and to make recommendations to the House of Assembly with respect to the implementation of a living wage regime for Bermuda. “Following the tabling of the foregoing 2017 motion, a reconstituted JSC was formed on 6 October 2017 and its members were: • Mr. Rolfe Patton Commissiong, JP, MP, Chairman • Ms. Leah Scott, JP, MP, Deputy Chairperson • Mr. Lawrence Scott, JP, MP • Senator Nicholas Kempe, JP, MP (resigned September 2017) • Senator Nandi Outerbridge, JP (appointed September 2017) “The Progressive Labour Party Government set out in its 2017 Speech from the Throne that the establishment of a minimum/living wage was a prior ity. There has also been bipartisan support in respect of this matter. There will be no steps taken towards the implementation of a minimum/living wage regime unless and until the necessary consultation has been taken with stakeholders across all business/industry sectors in Bermuda. “The authority of this JSC rests with the Legi slator through the Speaker of the House of Assembly. The recommendations for consideration contained herein are the direct result of submissions, testim onies, research and/or information received. and the assessment by the JSC. The Executive Summary, Mr. Speaker . . .
[Pause]
The SpeakerThe SpeakerConti nue on. Mr. Commissiong, you have the floor, you know.
The SpeakerThe SpeakerIf you do not want to continue, I am sure other Members will gladly take the floor. [Laughter]
Mr. Rolfe Commissiong“The JSC agreed that while establishing a statutory wage floor under the most economically insecure Bermuda workers is vitally necessary. It is not enough at a structural level to ad-dress the growing challenge posed by rising income inequality over the last two decades and the attendant impacts that have been …
“The JSC agreed that while establishing a statutory wage floor under the most economically insecure Bermuda workers is vitally necessary. It is not enough at a structural level to ad-dress the growing challenge posed by rising income inequality over the last two decades and the attendant impacts that have been identified in this report. “Therefore the JSC has compiled a suite of legislative and policy recommendations that are con-sistent with the establishment of a minimum/living wage regime. The JSC also endorses other public policy initiatives being undertaken that aim not only to reform Bermuda’s tax system by shifting the tax burden away from those earning low wages, but also examine the ways in which the cost of living in Bermuda can be substantively r educed. “The mandate of the JSC was, inter alia, to research the feasibility of the establishment of a mini-mum/living wage regime and make recommendations regarding the same to the House of Assembly. As fore stated, prior to the implementation of any stat utory minimum/living wage regime, there will be extensive industry employer consultation. There must be a full assessment of the economic impact and the economic feasibility of establishing a minimum/living wage before any steps toward implementation can be pr ogressed.
Bermuda House of Assembly “Establishing a statutory wage floor to support those who are economically insecure, is vitally necessary, however, it does not address the structural challenges that perpetuate the rising income inequality. “Accordingly, and as an initial step, the JSC has determined that it is only through a statutory mi nimum/living wage scheme that the level of compliance required to make a real difference in terms of labour market wages for a significant percentage of Berm uda’s workers, could be achieved. “It is recognised that the acceptance of a statutory minimum/living wage may be met with r esistance. And quoting from Estimating a living wage: A Methodological Review, a document produced by Richard Anker, a senior economist who retired from the International Labour Organi zation (ILO), ‘voluntary compliance will result in wide spread acceptance in principle but rejection in practice.’ A subcommittee of the Bermuda Labour Advisory Committee [LAC] also noted this dilemma. “The aim of the JSC, among other things, was to establish a wage floor beneath the most vulnerable workers, raise wage rates over time above the respective low income thresholds and offer other recommendations that are designed to work in tandem with the statutory minimum living wage scheme proposed. “Additionally, the regime was intended to: "a) Largely eliminate or significantly r educe perverse incentives that disadvantage low to medium skilled Bermudians within our labour market from securing employment; "b) Establish mechanisms that deter employers from being able to import low - to medium skilled foreign labour at wage rates that are below established thresholds; "c) Facilitate a reduction of those Berm udians reliant upon financial assi stance, particularly with respect to those persons who are unemployed or who fall under the category of ‘Earnings Low’ recipients by facilita ting the migration back to full time employment; "d) Facilitate a reduction of the numbers of Bermudians who are increasingly relying on overburdened faith based organisations, charities, and NGO’s [Non- Governmental Organisation], that assist in the procurement and distribution of the basic necessities of food, shelter, and clothing to residents in need; "e) Establish an overall employment ec osystem with respect to wages, ben efits, and general employee protections that will stimulate the creation of working conditions to incentivise young Bermudians who have migrated overseas to consider returning to take up employment in Bermuda; and "f) Help to reduce unemployment among key affected demographic groups. “Wage levels that are set too high will wreak havoc on our economy. With this in mind, the proposal of this JSC include recommendations that suggest the introduction of a statutory minimum wage in 2019, and transitioning to a higher living w age in 2021. “This phased approach was deemed necessary and prudent, and it is intended to allow sufficient time for extensive consultation, and to enable bus inesses to have a realistic time frame within which they can transition and, where necessary, adj ust to the higher labour cost that would be incurred with the em-ployment of low to medium skilled workers across a range of occupational categories. “The establishment of a statutory minimum/living wage regime will be a historic first for Bermuda. If enact ed on a relatively universal basis by the Government, the proposed minimum living wage r egime will place Bermuda where it should be on equal footing with other countries. With respect to methodology, Mr. Speaker, there is no perfect technical method to calculate mi nimum and/or living wages. However, the JSC wanted to ensure and align a robust approach to calculate the minimum living wage rate. Therefore, our . . . and I will now add this, Mr. Speaker, as follows: Therefore, our member Senator Jason Ha yward and Chairman, Rolfe Commissiong, consulted directly with the Bermuda Government’s Department of Statistics to obtain the necessary research and data that informed some of the recommendations contained in this report. “The following three local income measures were considered for determining the economically disadvantaged in Bermuda. "I. Relative low income threshold, RLIT "II. Low income cut off, LICO , and "III. Low income threshold, LIT. “The RLIT and LICO methodologies use the gross income of households to develop a low income threshold. Gross income includes taxes, fees and transfers, such as payroll taxes, driver’s license, spousal support, financial assistance, and child support payments. On the other hand, the LIT method uses net household income, which excludes the aforementioned taxes and transfers. “The methodology utilised by the JSC to ca lculate the minimum/living wage was the Relative Low Income Threshold methodology (RLIT), which is e ndorsed by the Organisation for Economic Cooperation and Development (O ECD), EUROSTAT . . . “The JSC has also recommended for consi deration, use of the United Kingdom’s Centre for R esearch in Social Policy’s (CRSP) methodology to ca lculate the minimum/living wage.” 3098 10 August 2018 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, with respect to contributors, “The following persons participated in the first -round consultation process,” (and I am glad that it is acknowledged that there was an initial and first round of consultation) “and were instrumental in providing social information and data to assist with the compil ation of this Report. • Mrs. Melinda Williams, Director Bermuda D epartment of Statistics • Mr. Andrew Simpson (and let the record read, Research Statistician) , Bermuda Department of Statistics • Mr. Craig Simmons, Economics Lecturer, Bermuda College • Mr. Cordell Riley, Statistician, Profiles of Bermuda • Dr. Myra Virgil CEO, Bermuda Community Foundation • Ms. Martha Dismont, Director, Family Centre • Ms. Erica Smith, Executive Director, Bermuda Economic Development Corporation • Ms. Lynne Winfield, President, Citizens U prooting Racism in Bermuda ( CURB ) • Ms. Michelle Scott Outerbridge, CURB Exec utive Member • Mr. Chris Furbert, President, Bermuda Indus-trial Union • Mr. Glenn Simmons, First Vice President, Bermuda Industrial Union • Mr. Arnold Smith, Research Officer, Bermuda Industrial Union • Mr. Major Frank Pittman, Divisional Commander, The Salvation Army • Mr. Charles Dunstan, President, Bermuda Construction Association • Bishop Dr. Vernon Lambe, General Overseer, First Church of God • Mr. Sergio Dillworth, General Contractor; • Ms. Kendaree Burgess, Executive Director, Bermuda Chamber of Commerce • Mr. Nathan Kowalski, Financial Analyst and member of the Bermuda Chamber of Commerce • Ms. Sheelagh Cooper, Founder , The Coalition for the Protection of Children • Mr. Stephen Todd, Chief Executive Offic er, the Bermuda Hotel Association • Mr. Robert Stubbs, Economic Researcher and Financial Analyst • Mr. Wayne Carey, Permanent Secretary, Mi nistry of Social Development and Sports • Ms. Dianna Taylor, Consultant, former Director of the Department of Financial Assistance. ” As to recommendations, Mr. Speaker, “The i nformation feedback gathered during the JSC’s first round of consultations in compiling this report demonstrates that low -income wages in Bermuda have not kept pace with our cost of living since at least the 90’s. This, however, is not a phenomenon that is exclusive to Bermuda. In fact, globally, Mr. Speaker, there has been a continuing lack of meaningful wage growth. Wage stagnation has caused the overall income of lower wage earners to remain behind t he cost of li ving. “Excluding rent, the cost of living in Bermuda is 98% higher than in the United States; rent expense in Bermuda is calculated to be 146% higher than in the United States. “In response to this growing trend, many countries have enacted a minimum/living wage. In fact, approximately more than 90% of countries designated as International Labour Organization (ILO) member states currently have a statutory wage scheme of some sort. “The ILO considers that, employers’ and workers’ organizations should be fully consulted before implementing any kind of wage regime. Quoting from the ILO, Minimum Wage Policy Guide, ‘The existence of a formal consultation procedure is not suff icient to meet this requirement. Steps should be taken to ensure that conc erns and arguments put forward by social partners are really taken into account. This i mplies that consultation must take place before dec isions are taken and that the representatives of the employers’ and workers’ organizations should be pr ovided with ful l and pertinent information. ’ “Accordingly, following the preliminary consultations and general statistical review that has led to the production of this Report, the JSC recommends that, subject to an industry consultation across all i ndustry employment sectors, the Government consider the establishment of a statutory minimum wage, with a view of ultimately evolving to a living wage regime. “It is acknowledged that the analysis conduc ted has limitations, and the members are also cognizant of the unintended consequences that can arise if this process is not well consulted and well thought out. Notwithstanding the foregoing, based on its prelim inary statistical data and findings, the recommendations of the JSC include, but are not limited to, the following: First phase statutory wage schemes , intended as minimum wage rates , be implemented on a graduated basis over a three year period beginning in 2019 ; A phase one living wage be introduced in 2021; That the statutory schemes be indexed by way of Consumer Price Index, biennially to compensate for inflation; That all wage rates be calculated based on a forty-hour week; That the schemes outlined under the pr oposed law should define what should count as pay for the purpose of statutory wage schemes, and what should not;
Bermuda House of Assembly First phase statutory wage is to be applied universally for all workers. “Establishment of a tripartite wage commi ssion. It is proposed that a Wage Commission (Commission) be established, comprised primarily of a body of expert s along with social partners from the Trade Unions Congress and employer groups. The Commi ssion would function as an independent authority, based upon the tripartite model.” (Which Bermuda is familiar with.) “The Commission would be responsible for implementing the living wage rate in 2021, based upon a methodology determined and approved by the Commission in conjunction with the Bermuda Depar tment of Statistics. “In terms of the Commission’s composition, the Minimum Wage Fixing Machinery Recommenda-tion, 1 928 (No. 30), and Minimum Wage Fixing Machinery (Agriculture) Recommendation, 1951 (No. 89), of the International Labour Organization (ILO) [Minimum Wage Policy] Guide, states that employers’ and workers’ organizations should be invited to recom-mend indivi duals for appointment to such bodies, to ensure that these individuals have the confidence of those whose interests they represent. When wage boards are sectoral, it is essential that the relevant employers’ and workers’ organizations be involved. Women should also be included among social par tners. In addition to social partners, independent experts with technical expertise and national statistical officers play a key and essential role. “The Commission will be charged with establishing the regulatory regime around the implement ation of the statutory wage scheme, based upon best practice. It would also be required to make reco mmendations for further legislative amendments to the relevant Minister. “The JSC is of the view that these recommendations contained in this Report will ensure an aligned, balanced, and robust approach to calculating a minimum/living wage rate, in conjunction with the establishment of the commission, which will provide for a more transparent governing structure to the overall wage- setting process. Mr. Speaker, with respect to the definition of what a “minimum wage” versus what a “living wage” is, on page 10, firstly, in terms of a minimum wage, “A minimum wage is a legally guaranteed rate that all persons of legal working age must be paid. There is currently no such rate set in Bermuda. “A living wage” (on the other hand) “is the amount of income necessary to afford a worker and his household a decent standard of living, based upon the respective cost of living in any particular local e or jurisdiction. It is a calculated wage that should provide for food, housing, clothing as a basic measure of need, but also items such as medical care, children’s education, and transportation needs. In some instances, savings for the future are also i ncluded in calculating a living wage.” Returning to methodology, “As previously stated, there is no perfect calculation that will produce the right minimum/living wage figure. Thus, the JSC set out to find a methodology that would provide a robust, stable measure that would help those workers who are paid at the lower level to have a decent standard of living. “There is acceptance in principle, of the need for a minimum/living wage. However, the Bermuda Chamber of Commerce, after surveying its members, reported that while the concept of a living wage garnered the support of 68% of the membership, only 31% agreed that it should be mandatory. This position is not inconsistent with global findings and was not wholly unexpected. “While the Labour Advisory Com mittee also recommended that a living wage be legislated and included in the Employment Act, in contrast, the recommendations of the JSC has included a universal wage regime, phased in over a period of three years that, post 2021, it is to be adjusted peri odically by way of indexing to account for inflation over intervening periods, as indicated. It is anticipated that data in support of any fundamental increase of living wage, would be culled from updated census reports, employment surveys, and household expenditure data. “The ILO’s Minimum Wage Policy [Guide] asserts that ‘a minimum wage that is only adjusted on the basis of change in the cost of living will result in a constant minimum wage in real terms, and minimum wage- earners would not see their wages increase even in circumstances of economic growth.’” Mr. Speaker, in terms of the indexation of statutory wages “there is a view on the subject that it can ensure that there is no erosion of the purchasing power of wages, but at the same time this also highlights the dilemma that the JSC faced in creating the standalone wage scheme for workers mostly on grat uities, and those workers categorised as live in domestics. We have attempted to answer the first challenge by recommending that those workers, [those] earning gratuities and live- in domestics will have their wages indexed to inflation to preserve the purchasing power of the prescribed wage rate. However, it is not intended for that standalone scheme to achieve any addi-tional substantive increases to that wage level in the short - to mid -term, as intended in the case of the un iversally -applied statutory wage scheme that is designed in 2021 to see an increase in the statutory rate consistent with living wage levels. Clearly . . . the pr oposed wage commission may very well decide to r evisit this issue and would be prudent to do so in future years.” What we do know, Mr. Speaker, is that there is a race to the bottom when it comes to the hospitality industry in particular, with most wages for those ear ning gratuities, such as wait and related staff, falling between $ 5.00 to $6.00, upward to $7.50 per hour, in some of our larger hotels and restaurants. 3100 10 August 2018 Official Hansard Report
Bermuda House of Assembly “Senator Hayward, who is also a former member of the LAC’s subcommittee” (that is the Labour Advisory Council) “proposed that, once the Commission has been established, it be recommended that it consider utilizing a basket of goods methodology (single working adult plus a respective hous ehold type), to calculate the subsequent statutory mi nimum/living wage rate. “By way of example, the Living Wage Foundation in the UK asserts that a living wage should be based upon a basket of goods methodology that is designed to reflect the cost of living. The Foundation’s CRSP based methodology as previously noted should also be examined. The Living Wage Foundation which facilitates t he calculation in the UK to support its vo luntary living wage, mandates that the calculation be undertaken on an annual basis to ultimately reflect what the respective living wage is according to the cost of living in relation to a basket of household goods and services. “The UK’s Resolution Foundation, calculates the Living Wage Foundation’s living wage on an annual basis. The calculations are based upon a met hodology developed in 2006 by the (CRSP) Centre for Research in Social Policy’s Minimum Income Stan dard at Loughborough University and it is increasing being adopted internationally . “In a research paper titled ‘Calculating a Li ving Wage for London and the rest of the UK,’ which was authored by Conor D’Arcy and David Finch, the sources underpinning the wage calculation, based on the best available evidence about living standards and cost are identified. “The calculation is based on a basket of goods that represent a standard of living, determined through research with the public. The hourly Living Wage rates are then calculated by taking a weighted average of the earnings required (accounting for tax and benefits) for a range of family types, with and without children, working full time to reach a level of income that provides that decent standard of l iving. “The CRSP methodology is increasingly being adopted internationally, and over the immediate per iod it has been adopted in full or in part in France, J apan, Portugal, Austria, Scotland, Republic of Ireland and Guernsey. “The three methodologies considered as a means of determining the right minimum/living wage calculation in respect to those who might be econom ically disadvantaged in Bermuda were: "I. Low Income Cut -Off; "II. Low Income Threshold (LIT); and "III. Relative Low Income Threshold (RLIT) “The LICO methodology was devised by St atistics Canada and was also endorsed by the ILO . . . In fact, LICO was reviewed in the Bermuda Depar tment of Statistics’ Low Income Thresholds, March 2008, ‘A Study of Bermuda Households in Need.’ “Consideration of LICO as a methodology was based upon the following preliminary assessment un-dertaken by the Labour Advisory Committee, with r espect to the following features: • Transparency; • The utili zation of use estimates based on their specific location; • The utili zation of estimates based on the sum of separate cost estimates for several ex-penditure groups; and • Utilising ‘other ’ as an expenditure category. In a 2008 published research report by the Bermuda Department of Statistics, the LICO threshold was calculated at [$]33,630 for a single adult hous ehold . . .” Mr. Speaker, this will follow along these lines. In 2007, that represented a 40 hour wage week of $643 .73. What I would do, Mr. Speaker, is just retrace my steps here and say that what I would like to do is change that to, [corrected], produced a figure of $646 .73. “This LICO calculation i ncluded a significant number of items in this basket of goods, over and above the basic items used to calculate a threshold figure for a single adult household. “The 2008 report further confirmed that in the “all households” category, there were 3,050 hous eholds (11.7% of the total) with income below the then threshold level of $36,605. It also confirmed that, in respect of single adult households, 21% of those households fell below the [$]33,630 noted above, while 14% of households containing a single parent with one child were also below that threshold. “There have been no subsequent LICO calc ulations undertaken by the Department of Statistics since that period, as it appears that the LICO methodology has fallen out of favour since 2013, as it was increasingly being viewed by academics and r esearchers in Canada as complicated and lacking in transparency. “The LIT methodology is based on a hous ehold’s net or disposable income, that is, gross income net of payroll taxes and transfers. The LIT represents a level of household income needed to satisfy the expenditures of a household over a specified period of time, based on a market basket of goods and services. “Internationally, the most co mmonly used threshold for the RLIT income measure is derived by taking 50% of the country’s median adjusted hous ehold income. Utilising the 2016 Population and [Housing] Census [Report] data, the Department of Stati stics undertook to calculate the RLIT for a single adult household and the median household income was calculated at approximately BD$37,916.55. “Both the Organisation for Economic Cooperation and Development (OECD) and Eurostat endorse and support the RLIT methodology as a means of measuring l ow income. RLIT is a statistical
Bermuda House of Assembly measure equal to 50% of the median adjusted hous ehold income. Those households that have income below the respective threshold are considered to be li ving below the low income threshold and/or can be deemed to be economical ly disadvantaged. It is the most widely accepted relative low income measure internationally. “The UK’s National Living Wage is based not upon the RLIT methodology, but upon a median wage calculation which was implemented by the conserv ative government in 2016. “While methodologies based on the basket of goods are increasingly being viewed as ideal in est imating living wages, there is still no single global standard. It cannot be ignored that jurisdictions such as the UK and the US utilize median wage/inc omebased methodologies similar to the RLIT to estimate minimum, and increasingly, a living wage. “In consideration of the statutory and minimum/living wage regime to be established, the JSC utilised the ILO’s endorsed methodology for the estab-lishment of minimum wage rates in developed cou ntries. “According to the ILO, in developed economies the minimum wage reflects a range of 35 [%] to 60% of the median wage and/or income. The JSC is proposing a minimum wage at 40% of the median for workers earning gratuities and those in the occupational category of live in domestics and others. This falls between the 35% rate used in the US and the 45% rate used in the UK, based upon the median annual income. “As illustrated in Figure 1, this level will fall within t he recommended range of between and 35% to 60% of the median wage. By way of comparison, Australia’s minimum wage is centred around 52% of its median wage/income. Portugal’s current minimum wage represents approximately 57% of its respective median wage, w ith France at 61[%] to 62% of its r espective median wage, being just above the benc hmark level of 60 [%]. “The calculations in support of establishing e ither a statutory minimum or living wage will always reflect a degree of subjectivity. Indeed, Richard A nker, a retired ILO Senior Economist states in his paper, Estimating a Living Wage: a Methodological Review, that ‘One oft -mentioned criticism of living wages is its subjectivity.’ “Anker goes on to say, ‘ Indeed, there is no such thing as a definitive estimate for a living wage in a particular location or country, because reasonable people can honestly differ about what living standard they think a living wage should be able to support, the number of persons in a household they think a living wage shoul d support, and the number people in a household they think should work. ’ “The foregoing are but a few of the factors that the wage commission and others will have to consider as we progress the establishment of a stat utory minimum/living wage in Bermuda. Mr. Speaker, in terms of low technical occupations, “The positions listed below are but a sampling of posts that would benefit from the establishment of a statutory minimum/living wage” (And, of course, the workers who toil in these occupations.): “Cashier; Administrative Clerk, Travel Agency; Airline passenger agent; Airline freight agent; Assistant housekeeper/Night housekeeper; Room Attendant; Cook; Assi stant Cook; Sales/Retail clerk; Gas Station Attendant; Laundry machine operator; Bar porter; Waiter; Child Care Worker. “Data released by the Bermuda Trade Union Congress (BTUC) revealed that workers in the above-listed and other lower skilled job categories can earn in some cases even under BD$8.00 an hour, in a full - time job, or no more than approximately BD$15,000, annually. The median income for many of these occ upational categories can fall within the BD$20,000 to BD$30,000 range per annum, and therefore at least half of those affected workers would earn below that stated range. “Bermudians who have not pursued or had the benefit of tertiary education and do not have a high skill level are competing for jobs and opportun ities with foreign workers who are equally not high skilled. Mr. Speaker, as to the minimum/living wage benefits, “The implementation of minimum/living wage can produce tangible benefits for employers and em-ployees. These benefits can include: • Fair compensation • An improved quality of life • Opportunities for education/skills training • Reduction of financial stress due to a better standar d of living • Better health— less illness and more stamina, which enhances worker productivity • Greater job satisfaction resulting in less conflict between employers and labour groups • Reduced disciplinary problems and absenteeism. “Overall economic and community benefits i nclude: • Greater consumer spending or purchasing power in an economy where consumer demand has been relatively weak over the pr oceeding decade • Increased spending in the local economy • Reduced dependency on Government r esources and social agencies • Aid in the country’s economic development • Restriction on the import of foreign labour. Mr. Speaker, we have been here before (if I may extrapolate). In 2001, the minimum wage policy for domestic workers was established. While not cr eating a statutory requirement, “In 2001 the Bermuda 3102 10 August 2018 Official Hansard Report
Bermuda House of Assembly Department of Immigration established a policy that mandated that a minimum wage of BD$10.00 per hour must be paid to live in domestics and over time had to be paid at a rate of time and a half. Establishment of the m andated wage policy was the first of its kind that we could find in Bermuda. The policy was set by the Department of Immigration in response to widely r eported wage abuses. Whether there has been proper enforcement of the policy in terms of wages and benefits is not known. “In addition to the minimum wage policy, the Department of Immigration also established that an employer had to evidence that they were providing health and social insurance benefits to their emplo yees and this documentation [was] to be submitted b efore the final approval and issuance of the work permit. “However, the mandatory minimum wage in Bermuda of BD$10.00 per hour that was established in 2001, was not indexed to inflation. Thus, the real value of the mandated minimum wage has eroded considerably, as goods that cost BD$1.00 in 2001, now cost BD$1.48. Now, Mr. Speaker, we have had some alternatives to a minimum/living wage during our meetings in the committee. Some persons who testified, some of the names have been mentioned already , came with alternatives. I want to lay out a couple of them now. “During the course of its deliberations, the JSC received alternative proposals aimed at suppl ementing or increasing those workers who are earning below average wages. The most compelling of the proposals were: "1) The Universal Basic Income (UBI); and "2) The Earned Tax Credit (ETC). ” Mr. Speaker, UBI refers to a form of social s ecurity in which all citizens or residents receive an u nconditional sum of money, independent of any other income on a weekly or monthly basis from the Government. The amounts are not means tested and there are no conditions to receiving the UBI payment. The UBI, or universal basic income, can take the form of a full basic income. Secondly, a payment sufficient to meet a person’s basic needs. Or, third, a partial basic income which only partially covers one’s basic needs. “The UBI scheme requires that individuals must pay tax at graduated rates on any additional earned income. “Contributors, such as Dr. Myra Virgil ; Nathan Kowalski (Financial Analyst) and Craig Simmons (Bermuda College Economics lecturer ) shared the view that UBI or some variation of the UBI should be examined as a plausible alternative to the imposition of a statutory minimum/living wage. “In addition t o advocating for the UBI, Economist Craig Simmons also advanced a proposal for Earned Tax Credits which is a top up programme funded by the Government. The ETC is similar to Earned Income Tax Credit” (which is what you find in the US). “The EITC is a benef it for working people with low to moderate income. “Economists in both the US and UK laud the efficacy of the [ETC] and the EITC as a means to bolster household income. Some, including Mr. Si mmons, view the EITC as more effective than the estab-lishment of a minimum/living wage as regard to a ddressing income inequality and low incomes that do not afford a decent standard of living. However, there are other economists who see the ETC and the EITC as complementary in strengthening low income households. “Although the UBI and the ETC present certain advantages, the single biggest drawback to i mplementation is the onerous fiscal responsibility that would have to be borne by Government.” On the other hand, “Mr. Phil Perinchief also participated as a contributor . Mr. Perinchief, who is a noted barrister, estimated that if a poverty datum line was established in Bermuda in 2018, it would have to fall somewhere in the range of between BD$55,000 to BD$60,000 per annum, which he would characterise as a living wage. B ased on a 40 hour week, this would translate into wages of BD$1,055.00 per week (BD$26.38 per hour) to BD$1,155.00 per week (BD$28.88 per hour), per household. “Contributors Nathan Kowalski and Robert Stubbs also presented to the JSC, preparing calcul ations that showed what a Bermuda minimum/living wage would look like based upon a combination of basket of goods, and/or a median wage/income based methodologies. “Mr. Kowalski calculated that BD$18.00 per hour ‘minimum wage’” (yes, that was Nathan Ko walski) “based upon a 37.5 hour work week, by combi ning the three local income methodologies —namely, the Low Income Threshold (LIT), Relative Low Income Threshold, and Low Income Cut Off Threshold, with the sample size being that of a single adult household. “Mr. Stubbs employed a similar methodology, based upon a LIT median wage- based calculation and arrived at a prospective tier -one year -one wage of BD$17.00 per hour, representing 48.4% of the 2017 median hourly wage, or 34.5% of the average hourly wage. Mr. Stubbs also proposed a graduated wage scheme starting in 2018 that would see increases of over a five or a six year period. “Mr. Stubbs utilized the UK’s NLW [National Living Wage] target of 60% of the median wage and provided additional data that approx imated equiv alence with the UK’s NLW in the Bermuda context. For example, the UK’s NLW” (and the UK has a National Living Wage, I might add by way of extrapolation, Mr. Speaker, unlike Bermuda, up until now, perhaps.) “For example, the UK’s National Living Wage in 2017 was UK £7.50 per hour (that is in pounds .) Which in terms
Bermuda House of Assembly of an equivalence- based calculation, amount to BD$17.94 per hour in 2018. “It should be noted that Statistician, Cordell Riley, another contributor of data to this Report, cited that the cost of living in the UK is estimated to be approximately 40% lower than is currently the case in Bermuda. And he posits that that has resulted in the migration of hundreds of Bermudians to the UK. Mr. Speaker, we talked about financial assi stance earlier and we have applied some attention that issue, and I will just continue with that now on page 17. “Bermuda enjoyed a legacy of relatively full employment until around 2008. Prior to that date, the concept of financial assistance seemed like anath ema, to some. Notwithstanding, that data has revealed that the number of persons applying for and receiving financial assistance jump from 679 in 2006, to 2,679 in 2016. “The chart below lays out the amount spent by the Department of Financial Assistance [DF A] from 2011.” In 2011 and 2012, the ABU recipients (that is, able- bodied unemployed), the spend on that for 2011 and 2012 was [$2,571,032.]. The spend during that same time period for earnings low [EL] recipients, and the [EL] recipients are those who ar e working but are not earning enough to meet their basic needs. I am extrapolating here, Mr. Speaker, it is similar to what they call the “big box phenomena” in the US. People who are working at Walmart and some of those concerns, or businesses in that sec tor, who have to rely on food stamps to be able to take employment in these low -paying companies in the US. I would co ntend that we are seeing the same phenomena in Bermuda, and in terms of the EL recipients, our Gover nment is picking up the tab. In effect , subsidising the employment of individuals. Moving on, Mr. Speaker, back to the report. In 2014/15 combined total ABU and earnings low, this time they combined the data, they did not separate out ABU versus EL (or earnings low). The combined spend in 2014/15 was [$14,889,097]. So from 2011 to 2012, you had a combined spend of approximately over $5.5 million. By 2014/15, combined spend of just under $15 million. In 2015/16, again combined, able-bodied unemployed and earnings low categories, the spend went down a little bit to $13 million, $13.5 mi llion (I am giving you approximate numbers here). And in 2016/17, we had, again, they were broken out into two separate categories, and the spend was down again to just over $11.5 million. Cumulatively, the D epartment of Financial Assistance has from 2011 to 2018 spent $75,318,264 million. (I am sorry, I was translating that wrong.)
[Crosstalk]
Mr. Rolfe CommissiongOver $75 million. On recip ients categorised as able- bodied unemployed [and] earnings low, from 2011 to 2018. I am just extrapolating again, Mr. Speaker. We have to acknowledge that that is a phenomenal amount because they also spend more, I believe, on the largest category, which goes to our …
Over $75 million. On recip ients categorised as able- bodied unemployed [and] earnings low, from 2011 to 2018. I am just extrapolating again, Mr. Speaker. We have to acknowledge that that is a phenomenal amount because they also spend more, I believe, on the largest category, which goes to our seniors. (Back to the script here.) “The Earnings Low category is a category which sees able- bodied wor king Bermudians having to rely on financial assistance from the Government” (as I said) “to subsidize their employment. This usually occurs because the wages they receive do not allow them to meet the basic cost of living in Bermuda, with respect to housing, rent, utilities, food, and the cost of health care, for example. In essence, the Government is subsidizing the companies hiring these Bermudian workers or, from an alternative perspective, Bermuda’s private s ector has successfully outsourced part of its employment costs to the Government. “In the UK, tax credits to low -income workers perform the same function, in terms of subsidizing low-wage employment or the companies that employ them. The EL category in Bermuda likewise repr esents the same type of taxpayer subsidy to companies through their employees. “Ms. Sheelagh Cooper , the now retired foun der of the Coalition for the Protection of Children, co nsistently illustrated that low -skilled Able Bodied U nemplo yed persons are usually trapped in cycles of dependency and accompanying debt due to the ex-traordinary cost of living. These individuals are gener-ally recipients of very low wages, or face other sy stemic impediments that render them unemployable and heavil y reliant upon governmental and nongovernmental assistance programmes.” One of the things that we . . . going off script again, Mr. Speaker, very quickly. One of the things that was clear to us was that there has been an ex-plosion in charitable need, whi ch has been in part a ddressed by way of the faith- based community and NGOs. But over the last decade and a half it has just continued to expand, and expand, and expand, along with income inequality. (Back to the script, Mr. Speaker, page 18.) “According to the Department of Financial Assistance the demand for aid in the categories of ABU and EL has declined over the last three fiscal years, as ev idenced by the numbers I gave you earlier, to 2017; however, the DFA's financial outlays remain signif icant. Ad ditionally, there has been no concomitant rise in Bermudian employment in the economy with r espect to filled jobs.” Although from hearing earlier, it looks like that may have changed modestly. “It is not beyond the realm of possibility that, as highlight ed [earlier], many former clients of the D epartment of Financial Assistance have left Bermuda for places like the UK” (as we saw alluded to by Mr. 3104 10 August 2018 Official Hansard Report
Bermuda House of Assembly Riley earlier) “in order to be able to have a reasonable lifestyle.” As to the proposed Statutory Wage Scheme, Mr. Speaker, “It is recommended that following extensive consultation” (Again, we want to keep emphasi sing that point. I think we belaboured it a little too much.) “Government consider taking the necessary steps to implement a minimum/living wage regim e. The recommendation provided by this JSC will form the framework for the minimum living wage regime that will be embodied by comprehensive legislative and policy reform. “This minimum/living wage is to be calculated on the basis of a 40 hour work week. It is intended that the wage scheme will be graduated” (First kicking in in 2019, as I said, and the living wage coming in 2021.) “and will implement statutory wage rates , as noted, over a three year period for affected employees in Bermuda commencing 1 Ma y 2019. ” And it is no accident that we decided to choose the 1 st of May to begin this scheme, if the Government can get everything in place by then, b ecause we know that our partners in the labour mov ement have been avidly advocating that we switch our labour day date from September to May 1st in line with many other countries around the world. We think it is only appropriate that at least if we . . . even if we do not switch that date, that we have Bermuda’s first statutory wage being implemented on May 1st, 2019. The approach taken by the JSC mirrors the legislative models implemented throughout the UK and the US. The wage rates with respect to phase one, year one in 2019, will be categorised as minimum wage rates. They are . . . $12.25 is nowhere near a living wage rate. That is to come down the road, but remember, we are in a country that never had even a minimum wage and we are now in 2018. It is intended that it will be graduated, as noted, and at the minimum wage rates. Okay. So, t he recommended stat utory min imum wage rates beginning in 2019 are based upon calculations derived from the ILO's minimum wage methodology. “Therefore, it is proposed that phase one in respect of the application of the statutory minimum wage rate, intended to be applied across the board, will be as follows: "a) 1 May 2019: Institute a wage of BD$12.25 per hour, which at 40 hours per week over a standard 52 week period will produce a wage that will represent 40 % of the median income of BD$63,712. ” (That is as of 2016.) “ This proposed statutory wage rate falls within the recommended range a dvocated by the ILO's w age guide. "b) 1 May 2020— Establish the living wage threshold rate: Based on data compiled by the Department of Statistics the rel evant household size is that consisting of a single adult. Accordingly, the [ JSC ut ilised] RLIT derived threshold” (figures ci ted to calculate the benchmark wage of ) “BD$18.23 per hour. ” The annual income from a full -time job will be $37,916.55, which represents approximately 59.5 per cent of the 2016 median income figure of BD$63,712, as per the median income figure of 2016 from the 2016 Census data. "c) 1 May 2021: Implementation of the national living wage rate as proposed by the Wage Commission.” So, I will very quickly recap, and I know I have gone through this a couple of times already. So we have the proposed recommendation of the minimum wage, first time for Bermuda, of $12.25, for workers earning below that it would be a boon. Remember, even in major hotels right now, many Bermudians and foreign workers are earning no more than $7.50 per hour. And while we believe that gratuities do help along those lines, we have got to be honest, we are not like down in Barbados where we have a 12 - [month] season. The Bermuda season is only seven months per year, if we are lucky. We think it is high time that . . . and it is not only people earning gratu ities or live -in domestics, there are other persons, even some in retail, it may be a small number who we know are not earning more than $7.00, $8.00, $9.00, $10.00, or $11.00 per hour. It may not be a lot, but there are a number of them. Then when we formed the Wage Commission, again, the Government would take on the recommendation. We go to 2020 with the Wage Commission up and running. They then have the task of establishing the live- in wage rate. This is a body of experts that is supported by . . . on the tripartite models, supported by members from our trade union, our labour comm unity, and by the business community to set that rate. One of the things I want you to understand, the $18.23 that is being quoted is a benchmark figure. Okay? That is based on 2016 data. I fully would expect that the Wage Commission, once you even index that to inflation from 2016, by the time they are ready to implement or put for th their proposal for the first historic living wage for Bermuda, that would have to be somewhere . . . I don’t want to get ahead of myself, but I think most people assume . . . well, it would have to be somewhere around between $19.00 and $21.00 per hour. (Back to the script.) “ As stated previously in the report, it is recommended that the tripartite Wage Commission be established, prior to establishing the living wage tier in 2021. It is intended that the Commission will calculate a wage based upon a methodol-ogy (as set out in the M ethodology Section of this R eport) that it will determine, in collaboration with the Bermuda Department of Statistics .
Bermuda House of Assembly “Furthermore, it is intended that the Commi ssion shall have the power to biennially index the respective s tatutory wages to inflation, based upon the relevant CPI data, in conjunction and consultation with the Ministry of Home Affairs and the Ministry of F inance. “Additionally, it is intended that the C ommi ssion shall also have the statutory power to make the substantive calculations needed to ensure that the living wage rate can be substantively increased based upon the relevant data post -2021 on a schedule to be determined by the said Commission .” And I want to thank everybody for their indulgence. We just have a little way to go. This issue is fraught with complexity. Some of us have been on this issue for at least two years. If it is getting a little overbearing, it is a necessary process, I believe. Okay. So there are other, what I call legisl ation and c onsequential amendments that also need to be dealt with. We are nearly at the end of this road, and then my colleagues can weigh in. “Enabling legislation will have to be drafted to facilitate the implementation of a minimum /living wage and establish the Wage Commission. While it has been proposed that the proposed statutory rate schemes and supporting amendments be embedded in the Employment Act 2000, consideration is also being giv en to there being a separate piece of legisl ation being drafted. ” Perhaps the Employment Act at this time is maybe not fit for purpose. They may need to start all over again. That is something that the Government and the Minister will need to determine. (Moving on.) “ Compliance, enforcement and other regulatory provisions may fall under M inister ial/Legal responsibility of the Ministry of Home Affairs .” (Who I believe is quite capable.) “There are also ancillary amendments to legislation that will form the basis of discussion during the next round of consultations .” And for the Government as they move forward with respect to implementation. Okay. So: “(a) Corresponding amendments to the E mployment Act 2000” (foremost of which the JSC with respect to the National Pensions Act . . . no, sorry. I am getting ahead of myself. Forem ost of which the JSC with respect to the provisions on overtime contained in section 9 of the Employment Act recommends that subsection (2)(b) of that section be r escinded.
[Timer beeps]
The SpeakerThe SpeakerThank you, Honourable Member. Your time has expired. Would any other Member like to speak to this? I recognise the Honourable Member, the Deputy Opposition Leader. Honourable Member, you have the floor.
Ms. Leah K. ScottThank you, Mr. Speaker. Mr. Speaker, as you can appreciate, this is a complex subject and there are a lot of facets. I have done quite a bit of research, and I have got quite a few notes and data that I would like to utilise, so I beg your …
Thank you, Mr. Speaker. Mr. Speaker, as you can appreciate, this is a complex subject and there are a lot of facets. I have done quite a bit of research, and I have got quite a few notes and data that I would like to utilise, so I beg your indulgence if I may be able to use the data that I have, and sometimes kind of read the inform ation that I have obtained. So, Mr. Speaker, first of all, I would like to thank you for appointing me to this committee. It has been an interesting two years. We are just beginning the first step in this journey, and this is by no means the end. Mr. Sp eaker, I would first like to start with a quote from Franklin Delano Roosevelt. In his 1933 address following the passage of the National Industrial Recovery Act, he said, “No business which depends for existence on paying less than living wages to its wor kers has any right to continue in this country. By ‘business ’ I mean the whole of commerce as well as the whole of industry; by workers I mean all wor kers, the white collar class as well as the men in overalls; and by living wages I mean more than a bare subsistence level —I mean the wages of decent living. ” “Without question the minimum wage starts us toward a better standard of living and increases purchasing power to buy the products of farm and fact ory.” The key word in that sentence, Mr. Speaker, is “purchasing power.” Employers should be paying to their employees a wage that allows everyone to be able to live a comfortable life for as long as they work and for as long they live. Mr. Speaker, we do not want our families struggling to meet their basic necessities, which is what we have now, and is why we are de-pendent on charities such as the Family Centre, the Coalition for the Protection of Children and other ent ities to assist families in meeting their needs. And thank goodness we have those entities, because I would shudder to think where families would be wit hout them. But, Mr. Speaker, we want our people to also be able to have dignity and to live their lives with di gnity. And as we advocate for them, it is not just about advocating for a living wag e, but it also ensuring that there is a corresponding uplift in their skill sets to enable them to work beyond a living wage, Mr. Speaker. I would venture to say that our people do not want handouts, as much as they want the basic security of knowing that if they are working they are not the wor king poor and they are not living in poverty. So, imposing a living wage actually does not increase any worker skill and it does not keep an employer in business despite the sharp labour rise . . . the prices of labour that are imposed with a mandat o3106 10 August 2018 Official Hansard Report
Bermuda House of Assembly ry wage floor. A minimum wage at its core is just a Band -Aid to a greater symptom, and we have to fix that greater problem, Mr. Speaker. Therefore, this r eport is a social report that demonstrates who is suffering in Berm uda. There are many employers who, I believe, actually are paying at least the proposed mi nimum wage of $12.25 or $12.45. But there are also employers who are getting away with exploiting labour and having people work 80 and 90 hours and paying them $5.00, $6.00, $7.00 an hour. And those are the people who we need to address. The other thing, Mr. Speaker, and I am not going to get into this in this particular debate, but as I was doing my research I guess it was astounding to see the disparity in terms of i ncome between black workers and white workers, and to also just see the mind set of people. I was told about two young women who had gone to B ermuda High School for Girls ; one was black, one was white. One, [the black girl] , had gone away to school and got a degree, I think in . . . I don’t know, let’s say graphic arts. Right? The other girl, white, did not have a degree but she had relationship. So, the young lady who was black went to an employer in Bermuda and was given a job stacking shelves. The white girl, whose family had a relatio nship with the employer, was given a job in the graphic arts department, notwithstanding the fact that she did not have any skills for that job—but she had relationship. And so, Mr. Speaker, the girl who was white decided that she was going to go back to school. She wanted to give up her job. So she went to the emplo yer . . . sorry. I left out a part. The two did not know that they were working for the same company. And then they met and they saw each other. So the black gi rl said to her, Well, what are you doing here? She said, Well, I am working in the graphics art department. And she [asked], What are you doing here? And she said, Well, I am stacking boxes. So the white girl said, Well, you should be d oing what I am doing. You have the degree; I don’t. So she went to the employer and she said, Look, I am leaving. I am going back to school. I am not going to do this job anymore. But you have an employee who has a degree and has the skills to do this job. And the employer said, There is no job when you leave. I do not know how many times that goes on in Bermuda, Mr. Speaker, but it is inappropriate. And that is not . . . I am not getting into that in this discussion, but I just wanted to say that the disp arity b etween blacks and whites is appalling. Mr. Speaker, as I was doing my research I came across a gentleman named Adam Smith, who was an 18th century Scottish philosopher who talked about a living wage. And if I could read what he said about a living w age. He said that l abour should r eceive an equitable share of what it produces and that this equitable share amounts to more than subsis tence. They who feed, clothe, and lodge the whole body of the people should have such a share of their own labour as to be themselves tolerably well fed, clothed and lodged. And what that means is, if you are working to make a decent living, you should be able to support your family. And, Mr. Speaker, how many people do we have working at Mr. Chicken and wherever else that serve us, and we can go in and buy our $40.00 crispy chicken meal deal, but they cannot go home with a snack box! And that is unfair. We should not be . . . you know? And people should be able to work and live with dignity. So, Mr. Speaker, the United Nat ions, the E uropean Social Charter, and the United Nations International Covenant on Economic, Social and Cultural Rights all recognise the need for a living wage, and they consider it to be a fundamental human right. In fact, Article 23 of the UN Universal Declaration on Human Rights says, “ Everyone who works has the right to just and favourable remuneration ensuring . . . an existence worthy of human dignity . . . .” When I was coming back up to the House t oday after lunch break I saw a girlfriend of mine. She was walking with her granddaughter, and she said to me, Leah, you know, I haven’t had a job in four years, and I can’t get a job. And I actually worked with that young lady at a law firm. She is bright. She is talented and she has the ability to do the job. And she said that she has been to employment agencies and nobody will hire her and they will not send her out for any jobs. This kind of thing continues to go on and on and on. So the issue is, in addition to addressing the fact that people need to have a wage that they can live on, that people need to be able to get jobs. You can’t get a living wage if you don’t have a job. So, Mr. Speaker, it is my opinion, or my view, and I am sure the view of many people, that people should be able to cover the cost of their basic necessities, which are housing, food, transportation, medical, and in some cases to be able to save $0.10 or $0.15 for a rainy day if they need to. But that is not happening for a lot of people in Bermuda. The cost of living here is ex tremely high, Mr. Speaker. There is the rising cost of health care. The rising cost of groceries. You know, 10 years ago you would pay, I don’t know, $0.50 for a carton of eggs, and that $0.50 now costs you $4.00 to buy a carton of eggs. So the purchasing power is what is important. It is not so much how much you make, but what you can purchase with what you get. And we have to help the working poor. As the middle class shrinks, poverty is increasing. And that causes a greater reliance on the government, an d a greater burden on the government purse.
Bermuda House of Assembly There are many industries and many people in the United States, Mr. Speaker. As you know, the issue of a minimum wage and living wage is not exclusive to Bermuda. It is going on worldwide. So, in the US, places like Wendy’s and McDonald’s, rather than pay the $15.00 minimum wage, are installing k iosks. The kiosks are replacing the labour. I do not know if anybody has been away and gone into a McDonald’s and they have a big, tall kiosk. You go in there and you pic k all the things that you want, and then it goes back to the . . .
[Inaudible interjection]
Ms. Leah K. ScottI guess to some bo ard back in the kitchen. (Right; thank you, Syl.) And they then pr oduce your order. And then you pay right there with your credit card or your money and then you go and you pick up your bag and you walk out of the …
I guess to some bo ard back in the kitchen. (Right; thank you, Syl.) And they then pr oduce your order. And then you pay right there with your credit card or your money and then you go and you pick up your bag and you walk out of the store. So they are reducing human labour to avoid paying a minimum wage, or a decent wage rate. So they would rather automate. So, Mr. Speaker, what are some of things that we can do as a country? I think one of the first things we have to do is be able to map the gap between what the minimum living wage should be and what the cost of living is in Bermuda. I know that we actually have kind of derived a number. And that number has been based on 2016 data. But I think that we have to not so much pick a number and get the data to work around the number, but we have to look at the data and come up with a real and true number that can be worked with to allow people to be able to live comfor tably in Bermuda. I do not think that a living wage is of any value if we do not give people the corresponding skills to move even beyond working a living wage. The other thing, Mr. Speaker, is if you are i mposing a living wage on empl oyers, the truth of the matter is that if an employer is paying somebody $6.00, that is what they think that employee or that job is worth. And imposing a living wage is not going to change how an employer feels about the value of that position. The other thing, Mr. Speaker, is that if we have a minimum wage or a living wage, we have to teach our people the soft skills. We have to teach them how to manage their money, how to be able to try put something away for a rainy day, how to prior itise their bills, how to establish what is really fundamentally important in terms of managing their income. We need, as far as I am concerned, an education r eform revival. We need a stable and progressive education system because education is going to be the key. All of u s have . . . well, I know when I was gro wing up my mother told me that I could be whatever I wanted to be. And all of our children should be able to achieve whatever dreams they want. And the lack of funding, or the lack of money, should not be the de-terminate as to whether or not the talent pool that we have can be utilised to the best of this country’s ability and to that person’s ability, Mr. Speaker. Mr. Speaker, in New Jersey they have a pr ogramme that they have implemented, and it is called “65 by ’25.” The goal is to raise the percentage of New Jersey residents who are not college educated from 50 per cent to 65 per cent by 2025. They want people to have either a college degree or some form of industry credential which will allow them to earn a dec ent living and be able to support their families. Mr. Speaker, in Chicago they have what is called the “Network for College Success.” This is a radical programme where the public high schools are working with the communities to develop learning skills, an d it is creating a pathway for urban students to be able to go to university. They also have what is called the “Freshman On- Track Toolkit.” And that is to help children, help kids that are going to college in their first year of college have the skills, t ools, and resources to be successful in their first year. And if they can get those tools inculcated into them in the first year, then they should be successful and be able to finish college, as well as they started. Their mission statement is, We imagine schools in which all students excel academically and a society in which race and socioeconomic status no longer predicts future success . I think that is som ething that is a goal that could be set for us here in Bermuda, Mr. Speaker. There is also, Mr. Speaker, in terms of educ ation, the Bill & Melinda Gates Foundation. I know that Bill and Melinda Gates are big proponents of educ ation, and that they spend a lot of their own money i nvesting in education. Over the next five years they have allocated $1.7 billion to focus on educating and building networks of schools for people. And they want to be able to give low -income people the tools so that they can survive and move beyond a minimum and a living wage, Mr. Speaker. I am sure that everybody has heard of the Promise School that LeBron James has just opened. That school is a result of philanthropic efforts of LeBron James, as well as the Akron Public School sy stem. The things that are being offered by that school are a longer school day, a support circle f or students, and GED courses and job placement for parents. So, it is a holistic approach and they are including the whole—
The SpeakerThe SpeakerJust a reminder to those in the Gallery, we should not be hearing your conversation in here. If you are going to talk, go outside.
Ms. Leah K. ScottThey offered GED courses and job placement for parents. So, it is a holistic approach. Not only are the children gaining skills, but the parents of those children who do not have the skills are also being advanced. The programme provides family i n3108 10 August 2018 Official Hansard Report …
They offered GED courses and job placement for parents. So, it is a holistic approach. Not only are the children gaining skills, but the parents of those children who do not have the skills are also being advanced. The programme provides family i n3108 10 August 2018 Official Hansard Report
Bermuda House of Assembly tegration and true compassion, and their message is that, We are family. And that should be our message in Bermuda, because we are family. We might not always like each other or agree with each other, but at the end of the day we are small community who should be supporting each other. One of the other things that I would like to see, Mr. Speaker, would be a centre of excellence. I know we have heard about that on many different le vels. What that would do is provide a place where o ur untapped talent is refined. It is a place where they can be taught what to do on a job interview. They can be taught good work ethic skills: Why do you need to show up to a job on time? Why do you need to show up for a job interview clean and not with r ollers in your hair, or a skully on your hat, or slippers? You know? We need to teach our children proper etiquette, and the things that they need to do in order to be succes sful. I mean, you got to show up for a job like you want the job. Until we can st art to instil those sorts of values . . . again, I am not saying that people do not have those values. But I think that we can all learn and we can all be enhanced by achieving certain attributes. Mr. Speaker, the Workforce Development team is critical in this process. They are key in helping to identify the skill gaps that we have in this country, and also being able to identify the skill gaps, being able to adapt programmes to help our people enhance their skill set, being able to find employers who are willing to match jobs to the skill set that we have. We have to get, and I could be speaking out of turn, but we have to get employers to collaborate with Workforce Development. I am not sure whether that happens now. I do not know how the whole Wor kforce Development thing works, but if they are not co llaborating with private industry, they could collaborate with private industry, and private industry [could have] some of their people come and train people to prepare them for the jobs, to have apprentices hips so that our young people and unemployed people can be trained to have the skills to get those jobs. The cost of goods also is a consideration. As I said, we are looking at the cost of electricity. Would it be possible . . . and I know this might be a fairy tale, but to have Government -subsidised solar panels on some people’s houses to help reduce the [cost of] electricity. The Price Commission was renamed, I think in December of this year. And one of theirs tasks was to kind of look at import costs and how we can reduce the cost of groceries and things like that. They were supposed to come back with a report. I do not know if anything has been done on that in terms of what can be done to reduce the cost of living. But you know, Mr. Speaker, I can go into MarketPlace today and I can buy a piece of chicken for $5.00 and then next week it is $7.00. How does that happen? So we have got to kind of do things to help reduce the cost of living in addition to setting a living wage. Mr. Speaker, we also have to understand the economics of artificially inflating the economy. Just picking a number and saying that is what an employer has to pay does create an artificial inflation. According to Adam Smith, he said, “ It is not, accordingly, in the richest countries, but in the most thriving, or in those which are growing rich the fastest, that the wages of labour are highest. ” And it is true, when your country is innovative and you are doing all kinds of things, and you are creating jobs, and you are creating a demand for a higher wage because you have got . . . the economy is able to support it. Martin Luther King said, “The problem indicates that our emphasis must be twofold. We must create full employment , or we must create incomes. People must be made consumers by one method or the other. Once they are placed in this position we need to be concerned that the potential of the indivi dual is not wasted. New forms of work that enhance the social good will have to be devised for those for whom traditional jobs are not av ailable. ” And it is true, Mr. Speaker. You know, as I have been saying, we have to equip our people. The reality is that I do not want work in a job where som ebody has to pay me the minimum that they have to pay me. I want to be in a job where somebody appr eciates my potential and is willing to pay me what I am worth. There are a lot of people, and a lot of emplo yers who are happy just giving people enough to get by. The other thing that I believe, though, is that pe ople also have to realise that when they are working for somebody they are investing in their own salary as well. So while you might be making money for your employer. You are also making money to pay your own salary. So it should be an incentive for you to do the best job that you can do so that you can get a b onus or whatever it is, incentive pay, a raise, because your employer recognises your abilities and he r espects you. Mr. Speaker, as the MP from constituency 21 said, there were some alternatives that we also considered as we were meeting as a committee. Some of those include a tax relief or an earned income credit. And one thing that I have been seeing a lot of is the universal basic income. If you will allow me, I have an article that was written by the PublicCEO [news journal], and it sa ys that Stockton is going to be the first US city to test the universal basic income plan. And that is a place in California. I do not know if you watch [CBS] Sunday Morning on Sunday morning at ten o’clock . . . so the guy who is the mayor of this town is a young black guy. And what they are doing is giving one hundred residents $500 a month with no strings attached. They are not telling them what to do with that money, or how to spend it, or anything. They want to see whether giving somebody an income wil l allow them to get themselves out of poverty and assist them
Bermuda House of Assembly in managing their expenses and to be able to get them out of debt. So it will be interesting to see how the pr ogramme works. Some people think that a universal basic income was a way to lessen poverty, and some don’t. So we will have to wait and see what happens. But at least they are being adventurous enough to try it. At least they are recognising that a living wage may not be the answer, but that people need some sort of support and they are willing to do the things that they need to do to garner that support. Finally, Mr. Speaker, the report of a living wage is not the end. It is the beginning. We have to have dialogue between industry, employers, the unions, the workers, everybody has to buy into this. It is wrong that in a society as wealthy and as affluent as Bermuda that we have working poor. That is just wrong. I have two things that I would like to read before I finish. One of the things that I would like to say is that the ability to hold a job should not be a test of how to manage life as a working poor. The ability to hold a job should be the means by which you are able to afford all that you need to lead a life of dignity and respect. So, Mr. Speaker, Martin Luther King said, “Now the problem isn’t only unemployment. Do you know that most of the poor people in our country are working every day? They are making wages so low that they cannot begin to function in the mainstream of the economic life of our nation. These are facts which must be seen. And it is criminal to have people wor king on a full -time basis in a full -time job getting part - time income. ” Adam Smith said, “ Servants, labourers, and workmen of different kinds, make up the far greater part of every great political society. But what improves the circumstances of the greater part can never be regarded as an inconveniency to the whole. No soci ety can surely be flourishing and happy, of which the far greater part of the members are poor and miser able. It is b ut equity, besides, that they who feed, clothe, and lodge the whole body of the people, should have such a share of the produce of their own labour as to be themselves tolerably well fed, clothed, and lodged. ” Mr. Speaker, giving people the educational tools they need to create solutions for a lifetime, i nstead of just giving them a living wage, is what we need. We have to create institutions and systems that will support the most vulnerable in our society and allow them to live with dignity. And with that , Mr. Speaker, I will take my seat. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Government Whip. Honourable Member Scott, you have the floor.
Mr. W. Lawrence ScottThank you Mr. Speaker. One, I will declare my interest from the beginning that I was on the Joint Select Committee which did put this report together. In the way to talk about it this evening, I think that it would be best of me to try . . . …
Thank you Mr. Speaker. One, I will declare my interest from the beginning that I was on the Joint Select Committee which did put this report together. In the way to talk about it this evening, I think that it would be best of me to try . . . because it can get complicated at times. I think that it is best to go back to something that everybody knows. I am going to go Robert Southey. Now, that name might not sound too familiar to you, Mr. Speaker, but he is an English poet that was born in August of 1774. He passed away in 1843. He was best known for the fairy tale of Goldilocks and the Three Bears . Now I see everybody starting to nod, they know Goldilocks and the Three Bears . But the thing is, what a lot of people do not know is that there are actually three different versions of that fairy tale. The first version was actually more of (and to keep parliamentary language) an adult tale with a . . . a . . . how can I say it? A badly -behaved woman who entered the home of three bachelor bears and the antics ensued from that. Later on, after the reviews came in on his original version, Mr. Robert Southey actually . . . what did he do? He then made it a little bit more family friendly and he replaced the older woman with a little girl named Goldilocks. And then ev en further after that, there was a third version that came out and the third version is the most popular version, and it r eplaced the three bachelor bears with Papa Bear, M ama Bear, and Baby Bear. Now, after that third version, Goldilocks and the Three Bears became one of the most famous fairy tales in the English language. How does this relate to the liveable wage in Bermuda?
[Laughter]
The SpeakerThe SpeakerYes, that is what we are waiting for. Bring it home. Bring it home. [Inaudible interjections]
Mr. W. Lawrence ScottAnd the way that it relates to the liveable wage here in Bermuda is that, remember, there were three bowls of porridge that Goldilocks came to, one was too hot, one was too cold, and one was just right. Mr. Speaker, this report is the bowl that is just right. …
And the way that it relates to the liveable wage here in Bermuda is that, remember, there were three bowls of porridge that Goldilocks came to, one was too hot, one was too cold, and one was just right. Mr. Speaker, this report is the bowl that is just right. I just want to take you through to the way we get to that point. Because two years ago, we started off and we started down a road, this committee, we star ted looking at, let’s say, the first bowl —the bow l that was too hot. And that was the bowl that we were look3110 10 August 2018 Official Hansard Report
Bermuda House of Assembly ing at the possibility of having the Government subs idise the earnings low category for members in our society that would come underneath the earnings low category. But when we looked into the deta ils of that, we realised that that would actually double the cost of the financial assistance budget from $50 million to maybe $100 million a year. So that was too hot, Mr. Speaker, we could not do that one. So then about a year ago we looked at the second bowl. The second option. The one that was . . . let’s say, that Goldilocks would have said was too cold. That was the one where we said, Well, if the Government can’t take on that investment, why don’t we as k the private sector to invest in Bermudians and improve the quality of life on their own? What we realised was that if you were to ask the private sector to take on that investment, to invest in the quality . . . in increasing and improving the quality of Bermudian lives, there could be some unintended consequences. That is something that we wanted to avoid. So, ther efore, now what did we have to do? Now we have to come to the third bowl. The bowl that is just right. The bowl that is just right, what that looks like, what that is comprised of, the ingred ients in that bowl are a two- tiered phased approach. So what we have to do is, in the first part we want to implement a liveable wage by 2021. But prior to that, we have to implement a minimum wage. Now, I know that those two things . . . a liveable wage will probably be implemented more so if . . . in a perfect world, next year, in 2019. So that we have those who are at risk, those who are most vulnerable economically are pr otected as soon as possible. But now, I understand that it can get confusing hearing “liveable wage” here and “minimum wage” there. So, the way that we are able to define, the way that we are able to help categorise and separate the two is by this. Worldwide, liveable wages are set by a percentage of the expenditures, or the monthly expenditures of any given household. So a minimum wage in the United States says that if you are working this job, at this wage, for 40 hours a week, you should be able to cover 35 per cent of your household expenditures. The UK now says, Ah! We sort of like that, but we don’t like that percentage. We believe that if you were working for a minimum wage, you should be able to cover 45 per cent of your household expend itures. Now, what we did . . . well, what the commi ttee did, being as the United States is our biggest ec onomic trading partner, our dollar is pegged to the US dollar, and yet we are also a colony of the UK, we said, Well, what’s halfway between 35 and 45? [It is] 40. So, 40 per cent of your expendit ures should be covered at this minimum wage. And that is where the $12.25 per hour comes from. So I do not want anybody here thinking that we just pulled a number out of the air, or $12.25 sounds good. No! We followed an internationally ac-cepted and inter nationally approved methodology to do that. Now, what we do is go to the liveable wage. Now, the liveable wage is basically the same premise, but the percentage is increased. So the United States, their percentage is at 55 per cent. So if you were working this job on a full -time basis, for 40 hours a week, you should be able to cover half, or 55 per cent of your expenditures. But the UK believes that for a liveable wage for that quality of life, you should be able to afford three- quarters, or 75 per cent of your household expenditures. Now, what the Joint Select Committee did, we did not just try to go right in the middle like we did last time. We said, What would be realistic? And this is where that balance, the bipartisan buy -in, where you had both parti es there involved, one that is looking out for the labourer and the worker and one that is looking out for the employer. And we felt as though 60 per cent was a good medium; 60 per cent was just right — where is it not too hot for the employers, it is not too cold for the employees, but yet it is just right. Therefore, that is where the $18.00 minimum liveable wage. Now, I did mix the two together, but that will be the floor. That is the benchmark, that 60 per cent, for your liveable wage. In order to implem ent this . . . now that we have got a formula, now that we have a methodology, what we did was . . . how do we implement it? Let’s get a little bit into the nuts and bolts. Now, the thing is that what we did not want . . . and I do not want to tell too man y tales out of school, but there were some very spirited debates, Mr. Speaker, when we were trying to come up with this methodology, when we were trying to find the best way forward. And what we did not want was this to become was a political football that is passed back and [forth] and gets punted . . . when the labour party is in power the liveable wage goes up. And when the . . . the . . . I will say the other party is in power, or those who are supporting big business and the employers, the liveable wage comes down. So what we wanted to do was . . . we figured that we would try to . . . we would recommend— [Noise]
Mr. W. Lawrence ScottWow! That’s the too- hot ones! Bermuda House of Assembly The Speaker: That’s the too- hot ones; right? [Laughter]
Mr. W. Lawrence ScottAll right. So what we wanted to do was recommend that there be a separate commission that is put together of qualified individuals who would actually be focused on the creation of . . . and we dubbed it the “Wage Commission.” They would be focused on, and they would …
All right. So what we wanted to do was recommend that there be a separate commission that is put together of qualified individuals who would actually be focused on the creation of . . . and we dubbed it the “Wage Commission.” They would be focused on, and they would be tasked with creating, figuring out exactly what that number is for a liveable wage [and] what that number is for a minimum wage. They would also be tasked with oversight and, most likely, probably be tasked with enforcement. Therefore, what the goal is . . . and we never lost track, we never lost sight of our ultimat e goal. And the ultimate goal was to improve the quality of life for Bermudians through the reduction of how hard, or the reduction of the number of jobs that the average Bermudian had to work. Now, Mr. Speaker, I know of individuals who are working two and three jobs —not so that they can be wealthy, not so that they can be successful, but these members are working two or three jobs just to get by, just to say that they can live pay cheque to pay cheque, just to keep their heads above water. And that is not the quality of life that any Bermudian or any person living, residing, or working in this country d eserves.
An Hon. Member An Hon. MemberYou are doing good.
Mr. W. Lawrence ScottSo, let me be clear, Mr. Speaker. This committee does not believe that the recommended hourly wage alone will be the panacea, will be the cure- all, or will be the only thing that is needed to increase the quality of life for Bermudians. You will see, for those who …
So, let me be clear, Mr. Speaker. This committee does not believe that the recommended hourly wage alone will be the panacea, will be the cure- all, or will be the only thing that is needed to increase the quality of life for Bermudians. You will see, for those who read the report, that we are recommending a revamption . . . a revamption!
[Laughter]
Mr. W. Lawrence ScottA revamping of the Depar tment of Financial Assistance. Right? Because the thing is this: The way that this is looking right now, when you have members of society who are getting paid anywhere from . . . what we have heard, I think on the low end was $3.00 …
An Hon. Member An Hon. Member[It was] $5.00 or $6.00.
Mr. W. Lawrence ScottAnd then you have other members who are getting paid $7.00 a hour. When you have those members, those at -risk individuals in this coun try that will go from that to $12.25, that would effectively put them outside . . . with the other jobs that they are working, …
And then you have other members who are getting paid $7.00 a hour. When you have those members, those at -risk individuals in this coun try that will go from that to $12.25, that would effectively put them outside . . . with the other jobs that they are working, also putting them up to $12.25. So if you do the math, if you are looking at 40 per cent with minimum wage, if one job is paying you $12.25 and another job is paying you $12.25, effectively, mathematically, statistically, that is 80 per cent of your expenditures that should be covered. Therefore, what that means is that there will be a number of individuals who will now no longer be eligible or need financial assistance. And , if you look at just the numbers, that means that there would be approximately $4 million per year that would be saved, or could be saved, or reduced, out of the F inancial Assistance budget. However, Mr. Speaker , let’s not look at just the numbers. As the former Premier Brown used to say, Every plan works on paper. So now what happens is this. What we are saying [is that with] a r evamping of the Financial Assistance Department there should be a transition area. T here should be a trans ition policy for those members who are no longer in the earnings low category, but yet not quite at that point of self-sufficiency. And so that is one of our recommendations that we put forth as a committee. Now, also another recommendation that we did was to go onto (and I think both Members who have spoken already have touched on it) education. Mr. Speaker, I was talking with other Honourable Members over dinner today, and we were talking about this liveable wage. And one thing I brought up was about the education, that there is no, what I would term or I would coin as, a “personal” or “hous ehold” economic course in schools. I was talking to a fellow colleague who was telling me that they were having a chat with their child, talking about how, What are you going to do? Have you looked at a personal budget for when it comes time for you to move out on your own? And their child had felt as though he had thought it all the way through and put out a number. But that number just barely cov ered rent for the year. Therefore, this is what we need to do. If we are now going to increase the take- home pay, if we are going to increase the salaries and wages that members of this society are going to get, let’s make sure that they are spending it w isely. Because there is a saying, and my dad used to tell me it a lot when I was little. I did not understand then, [but] I understand it now. A fool and his money are soon parted.
Mr. W. Lawrence ScottI feel like I am preaching. Therefore, we feel as though there should be recommendations. We are recommending that there be classes, courses, an educational component that is 3112 10 August 2018 Official Hansard Report Bermuda House of Assembly implemented as well as, in conjunction with the liveable wage. Now, …
I feel like I am preaching. Therefore, we feel as though there should be recommendations. We are recommending that there be classes, courses, an educational component that is 3112 10 August 2018 Official Hansard Report
Bermuda House of Assembly implemented as well as, in conjunction with the liveable wage. Now, Mr. Speaker, just as Robert Southey’s tale has become a . . . how can I say this? The orig inal tale by Robert Southey was a story about som ebody who had issues with taking care or respecting other people’s propert y. And what I do not want this to be . . . I feel it would be doing a disservice if the m edia, if those within the earshot of our voices as a col-lective group, if they took away that this is a report about numbers, if they took away that this is a report about $12.00 an hour, $18.00 an hour, or possibly higher. What I want the country to take away from this report, what was on the forefront of all our minds as a Joint Select Committee was that this report is about dignity in the workplace. This report is about quality of life. This report is about the creation of a better society for our children to grow up in. Mr. Speaker, I believe, and this is my personal belief. I have spoken to and shared it with other Members on my team who agree, but they have varyin g opinions. But I think that part of our problem as a country and part of our problem in our current society is that, as a collective group, we are so busy going from our primary job to our secondary job, and from our second job to sometimes our third job . . . and that is just to provide for our families, that is just to provide the tangible necessities for life for our children; that is to put a roof over their heads; that is put food on their table; [and] that is to put clothes on their backs. But while we are so busy being a part of this rat race, tr ying to afford the cost of living in this country, our chi ldren are being neglected.
An Hon. Member An Hon. MemberYes, sir.
Mr. W. Lawrence ScottEven though we are provi ding the tangibles for our children, we are neglecting the intangible. No longer are we able to go home and sit down and do homework with them because that comes during our second job. No longer are we able to eat dinner with them; no …
Even though we are provi ding the tangibles for our children, we are neglecting the intangible. No longer are we able to go home and sit down and do homework with them because that comes during our second job. No longer are we able to eat dinner with them; no longer are we able to ask them, How was [your] day? [Or] talk about the bully at school, or talk about why [they] shouldn’t be the bully at school. Now, Mr. Speaker, I understand that it is hard for you to imagine that I was once a nerd.
[Inaudible interjections]
Mr. W. Lawrence Sc ottMr. Speaker, I was not the cool, calm, and collected individual that you see before you today. [Laughter and inaudible interjections ]
The SpeakerThe SpeakerLet me caution you on the road that you are going down now. [Laughter]
Mr. W. Lawrence ScottBut Mr. Speaker, the thing is that . . . I bring up those times because it was my pa rents, it was my family over dinner. We used to eat at five o’clock. And during the Price is Right , but right before the Young and the Restless . …
But Mr. Speaker, the thing is that . . . I bring up those times because it was my pa rents, it was my family over dinner. We used to eat at five o’clock. And during the Price is Right , but right before the Young and the Restless . . . and the thing is, tha t’s when I used to talk about my day. That is when my father would give me time before he got i nvolved in politics. But that is when my father and mother had time to sit down and tell me, You know what? This is what you do, this is what you don’t do. All those girls are picking on you because they like you. They still pick on me now, Mr. Speaker, I know you are asking.
[Laughter and inaudible interjections ]
Mr. W. Lawrence ScottBut, Mr. Speaker, to me that is what is wrong with our society today. Because the thing is, we will sit here and when we see antisocial behaviour by our youth we automatically (1) blame the youth, and (2) blame the parent. We say it is bad parenting on one …
But, Mr. Speaker, to me that is what is wrong with our society today. Because the thing is, we will sit here and when we see antisocial behaviour by our youth we automatically (1) blame the youth, and (2) blame the parent. We say it is bad parenting on one side, and we say that the youth is out of control on the other. But yet w e do not walk a mile in their shoes, we do not walk a step in their shoes. We do not know what that parent is doing. And more times than not, that parent is one of those that has got one, two, three, and I am now starting to hear four jobs. Therefore, it is the exact opposite. So how can we have somebody who has such a good work ethic, somebody whose moral compass is poin ted in the right direction, somebody who is doing ev erything that they should do as a provider, a parent, and a family member, but yet st ill fall short? How is that? That is what this report is about. It is not about numbers. It is about changing the way of life, chang-ing our focus from making money to pay bills, to doing what we love as a career, doing what we love as a job, doing what w e love as an entrepreneur, and then being able to enjoy the fruits of our labour while also enjoying the quality time with our families. Mr. Speaker, this report is also about the creation of a level playing field. We talk about it in our living rooms. W e talk about it at the football field, b ecause when I am in the goal I hear people talking behind me while I am saving the shots, Mr. Speaker.
[Laughter and inaudible interjections ]
Mr. W. Lawrence ScottBut, Mr. Speaker, we talk about non- Bermudians c oming into this country and taking jobs that Bermudians can do. I am going to say it, Mr. Speaker. And the reason that they are doing Bermuda House of Assembly that is because there are some employers who people would say …
But, Mr. Speaker, we talk about non- Bermudians c oming into this country and taking jobs that Bermudians can do. I am going to say it, Mr. Speaker. And the reason that they are doing
Bermuda House of Assembly that is because there are some employers who people would say are exploiting, abusing the fact that they will work for les s than market value, Mr. Speaker, the $5.00, $6.00, $7.00 an hour.
An Hon. Member An Hon. MemberYes. [Inaudible interjection]
Mr. W. Lawrence ScottTherefore, Mr. Speaker, we have individuals who are building a business based on the model of paying what some would consider slave wages. Mr. Speaker, what happens is this. Bermudians cannot afford to work a job . . . it is not worth their time to work [for] $7.00 an …
Therefore, Mr. Speaker, we have individuals who are building a business based on the model of paying what some would consider slave wages. Mr. Speaker, what happens is this. Bermudians cannot afford to work a job . . . it is not worth their time to work [for] $7.00 an hour. But yet, if they are desperate, they will do it out of desperation and not because they feel appreciated, not because the money is right. But if you were to set a minimum wage so that everybody in this country is making your $12.25 an hour, now the Bermudian looks more attractive.
Mr. W. Lawrence ScottThe reason I say that . . . and for those who are not aware, the Bermudian looks more attractive because what they are doing is they are . . . the employers who are saying, I’m paying you $5.00 an hour because I have to take your rent out …
The reason I say that . . . and for those who are not aware, the Bermudian looks more attractive because what they are doing is they are . . . the employers who are saying, I’m paying you $5.00 an hour because I have to take your rent out of your pay, because I am providing a household for you. I am providing a two- , three- bedroom house for 10 or 15 people to live in because I have got you working around the clock at $5.00 an hour . . . Bermudians cannot do that. Bermudians have to pay market rent. Therefore, this is why the $12.25 minimum wage comes into effect. And, Mr. Speaker, when we were doing our research, most private sector businesses are paying more than $12.25 an hour, so they should not be affected. Most businesses should not be affected by this implementation. Those who are at risk are those bus inesses or business models that are based off of pa ying below fair market value. [They] should be affected. This report with the recommendations is not about a handout. It is about a hand up through hard times. And I want to say it again because repetition is the best form of indoctrination. This report is mainly about providing a way for every employee in this country to live and/or work with dignity. This report gives new life, it gives new meaning and ability and, actually, it literally . . . it gives the ability for literally every person in this country to get a truly honest day’s pay for an honest day’s wor k. And that is why I say that this is something that is not too hot, nor is it too cold. This report and its recommendations are going to put just the right amount of heat, just the right amount of seasonings so that it tastes good to everybody, that it w orks for ev erybody: the employer, the employee, the Bermudian, [and] the non- Bermudian. If you are coming to this country, you will be treated correctly. You will be treated with dignity. You will be able to make a living without having to sacrifice your f amily, without having to sacrifice the bond of your children. Mr. Speaker, a prime example of being able to have the ability to do what is right, the Premier . . . earlier today his daughter (and it is on social media, this is why I can say it) must have f allen and hurt her lip. And the Premier was able, he was in a position to stop what he was doing and go and be a father and be by her side, make sure that she knew that her mom and her dad are there for her. But not everybody has that opportunity because t hey are getting paid $7.00 an hour. Not everybody has that opportunity because they have four or five jobs to do. Therefore, when something happens to their child, they have to try to coach them, counsel them [and] mentor them over the phone. And more times than not, unfortunat ely, the person that is calling the parents about their child is a police officer —
Mr. W. Lawrence Scott—is the first responder. This is what this report is about: An honest day’s pay for an honest day’s work. It is about making sure that everybody in this country walks around with their head held high because they know that they are able to pay the bills at the …
—is the first responder. This is what this report is about: An honest day’s pay for an honest day’s work. It is about making sure that everybody in this country walks around with their head held high because they know that they are able to pay the bills at the end of the day. Not by working four jobs! Not by working an 80- , 100- , 120hour week. But by working a reasonable amount of time, by being able to have that balance, that work/life balance which we all work so hard to get to. So, Mr. Speaker, this report, just like Goldilocks through Robert S outhey’s tale about Goldilocks, this is not too hot, nor is it too cold. This report and its recommendations are just right for the country, are just right for the people, and are just right for the times that we are living in. Thank you very much.
The Sp eaker: Thank you, Honourable Member. We now recognise the Honourable Member, Mr. Sylvan Richards. Honourable Member, you have the floor.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, first of all, I would like to commend the Members of the Committee that spent months —
An Hon. Member An Hon. MemberYears of torture. 3114 10 August 2018 Official Hansard Report Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Many meetings. And I know that some of the meetings were contentious at times because everybody has a different view, ever ybody has a different opinion. But we have the report …
Years of torture.
3114 10 August 2018 Official Hansard Report
Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Many meetings. And I know that some of the meetings were contentious at times because everybody has a different view, ever ybody has a different opinion. But we have the report in front of us. I did have a chance to go through it. But before I get into the report, I am going to tell a little story of my own. It is a true story.
The SpeakerThe SpeakerWell, we’ve had story time tonight. Go ahead. Mr. Sylvan D. Richard s, Jr.: It’s story time. I will tell a quick story. When I moved back to Bermuda in 1993 after living in the US for 14 or 15 years, I was fortunate enough to be employed by one …
Well, we’ve had story time tonight. Go ahead. Mr. Sylvan D. Richard s, Jr.: It’s story time. I will tell a quick story. When I moved back to Bermuda in 1993 after living in the US for 14 or 15 years, I was fortunate enough to be employed by one of the premier alphabet insurance companies in town (that shall remain nameless for now) as an assistant underwriter. I came in the door, was recruited, and was making what was in any other country of the world a good salary. I am not going to say what the salary was, but it was a good salary —or so I thought. About a year into my employment at the company I started to notice that I was not able to cover all of my expenses.
An Hon. Member An Hon. MemberWow. Mr. Sylvan D. Richards, Jr.: And I was not spending money willy -nilly. I was not in the bar drinking, spending money. I was not spending a lot of money on clothes. I was not wasting my money. I had bills to pay. I had a young child at …
Wow. Mr. Sylvan D. Richards, Jr.: And I was not spending money willy -nilly. I was not in the bar drinking, spending money. I was not spending a lot of money on clothes. I was not wasting my money. I had bills to pay. I had a young child at the time, so I was very prudent about how I allocated my money. And I said, How can this be? You know, I have been living in the US, making a bit less, but I was living comfortably, paying taxes in the US, living comfortably, coming to Bermuda in a so- called low -tax jurisdiction and I was struggling to pay my bills. So I am sitting at my desk and I am getting frustrated, and frustrated, and frustrated about my situation, until one day I was sitting at my desk doing something and I said, You know what? This makes no kind of sense. I jumped up from my desk. I caught the elevator up to the floor where the C EO was, unannounced, and knocked on his door. He was sitting behind his desk. He said, Hey, Sylvan, what’s going on? Come in. And I was at a point where I was like, You know what? I am ready to lose my job today. I was that frustrated. And I sat down wit h him, and said, You know what? I’m here because every month there is too much month at the end of my money. And he looked at me and said, Say what? Say that again? I said, Every month there is too much month at the end of my money. This makes no sense. I’ ve educated myself. I got a college degree. I paid my dues as a broker. I am here working at this company. I said, This makes no sense. I need a raise. Or else I got to find something else to do. And he said, Okay. Let me handle it. A half an hour later h e called me up and said, You got your raise. Now I tell that story because here I am, college educated, working at one of the premier insurance companies in this Island (and this was back in 1994) and I cannot make ends meet. So now I am casting my mind, How does anybody in this country, who is making less than what I am making . . . how are they surviving? And the problem is —it was the problem then and it is the problem now—Bermuda is a very expensive jurisdiction to live in. We think because we do not pa y sales tax and we do not have income tax, per se, the tax is built into everything that we purchase. Everybody knows that. So when I read this report, it is all well and good to say, in my view, that we are going to increase the wages of low earners to a so- called minimum living wage. The numbers that I see in this report are going to provide a little bit of relief, but it really is not going to get these folks who are working two, three jobs, [and] w ho are unemployed . . . it is not going to get them to where they need to be. I will dig further into that as I go on into my remarks. So Bermuda has a cost of living problem.
An Hon. Member An Hon. MemberYes. Mr. Sylvan D. Richards, Jr.: It is a cost of living . . . it is an expense problem. And every year it is getting more expensive. The cost of housing is going up. The cost of groceries at the supermarket, it is going up. The cost of electricity, …
Yes. Mr. Sylvan D. Richards, Jr.: It is a cost of living . . . it is an expense problem. And every year it is getting more expensive. The cost of housing is going up. The cost of groceries at the supermarket, it is going up. The cost of electricity, we are still burning fossil fuels. It is ridiculous in this day and age. It is going up. The cost of health care is going up. Everything is going up and wages are not keeping pace. They are not keep-ing pace. So, this is a start. This document is just the beginning.
Mr. Rolfe CommissiongThank you, sir. Mr. Sylvan D. Ri chards, Jr.: But it needs to work in tandem with efforts to reduce the cost of living in Bermuda.
Mr. Rolfe CommissiongYes, sir. Mr. Sylvan D. Richards, Jr.: Which leads me to the question. It says right on the cover, Report of the Parliamentary Joint Select Committee on the Establis hment of a Minimum Living Wage Regime. Okay. What is a “living wage” in the context of Bermuda? Because we are …
Yes, sir. Mr. Sylvan D. Richards, Jr.: Which leads me to the question. It says right on the cover, Report of the Parliamentary Joint Select Committee on the Establis hment of a Minimum Living Wage Regime. Okay. What is a “living wage” in the context of Bermuda? Because we are not talking about this is what they do in the United States, this is what they do in Canada, this is what they d o in the UK. What is a living wage in the
Bermuda House of Assembly context of Bermuda—probably one of the most expensive jurisdictions in the world to live in? So on page 10 of the report for the definition of a living wage it says, “A living wage is the amount of income necessary to afford a worker and his ” (it says his, it should say his or her) “ household a decent standard of living, based upon the respective cost of living in any particular locale or jurisdiction. ” It says on page 9 of the report, under recommendations, it has a sentence in there that says, “ Excluding rent, the cost of living in Bermuda is 98% higher than in the United States; ” (almost double) “rent expense . . . [is] 146% higher than in United States. ” So it is okay to say, We are going to raise the minimum wage to $12.25 per hour by May 1, 2019. But until we tackle the elephant in the room —and it is a big elephant, which is the cost of living in Berm uda—unfortunately this is going to be a wash. It is going to make some people feel good. We can say, Hey, look! We gave people a raise. But the reality is that until we tackle the everyday costs that Bermudians are paying, it is not going to amount to anything.
Mr. Rolfe CommissiongWe are gearing up for that too. We are gearing up for that . . . Mr. Sylvan D. Ri chards, Jr.: And as an ex -Minister of Social Development that had responsibility for Fina ncial Assistance, it broke my heart to see people have to come to the office. …
We are gearing up for that too. We are gearing up for that . . .
Mr. Sylvan D. Ri chards, Jr.: And as an ex -Minister of Social Development that had responsibility for Fina ncial Assistance, it broke my heart to see people have to come to the office. The employees are very professional. But I see what it does to them to come in and say, I need money for my rent. I need money to eat, in an affluent country like Bermuda. On page 14 of the report it says, “. . . there is there is no such thing as a definitive estimate for a living wage in a particular location or country . . .” So this is n ot an exact science. I do not believe there is a formula that you can use to say this is the figure that it should be at. On page 16 of the report, it quotes Phil Perinchief, who estimated “ that if a poverty datum line” (basically, which means you have to make this amount of money to not be poor in Bermuda) “was established in . . . 2018, it would have to fall som ewhere in the range of between BD$55,000 to BD$60,000 per [year] . . . .” Which translates into wages of BD$26.38 per hour to BD$28.88 per hour . When I was working at that insurance company in 1994, I was making more than that, substantially more than that, and I still could not meet my expenses.
Some Hon. Members Some Hon. MembersWow! Mr. Sylvan D. Richards, Jr.: So, we are talking about in the first year rai sing the wage to $12.25 per hour. Phil Perinchief says it should be $28.88. I think it should be over $30.00 an hour to really provide the relief. So until we tackle the expense …
Wow!
Mr. Sylvan D. Richards, Jr.: So, we are talking about in the first year rai sing the wage to $12.25 per hour. Phil Perinchief says it should be $28.88. I think it should be over $30.00 an hour to really provide the relief. So until we tackle the expense of this country, we are spinning our wheels, in my humble opinion. On page 17, there were other contributors who estimate amounts between $17.00 an hour to $18.00 per hour, as a minimum wage. It is not enough.
Mr. Rolfe CommissiongPoint of order, Mr. Speaker, if I may. And I would really appreciate —
The SpeakerThe SpeakerWe will take your point of order. POINT OF ORDER
Mr. Rolfe CommissiongI am really appreciating the Member’s comments. I get his comments about the $12.25. I also note that the Wage Commission that is going to be established will have the responsibility of setting the living wage.
The SpeakerThe SpeakerThank you. Mr. Sylvan D. Richards, Jr.: Thank you, Member, I am well aware of that. I am well aware of that. I know that this is a process; it is going to be gradual over time. But here is something that I did not really see discussed in the …
Thank you. Mr. Sylvan D. Richards, Jr.: Thank you, Member, I am well aware of that. I am well aware of that. I know that this is a process; it is going to be gradual over time. But here is something that I did not really see discussed in the report. Okay. Let’s say we go with the lesser amounts. We institute a wage and on May 1, 2019 of $12.25 per hour. And yes, it is going to affect the lower wage earners, those working manual labour, [restaurant workers], people like that. There is going to be an increased cost to the employer. That is a given. These employers are not going to absorb that cost themselves.
The SpeakerThe SpeakerMm-hmm. Mr. Sylvan D. Richards, Jr.: They are going to have choices to make.
The SpeakerThe SpeakerPass it on to the customer. Mr. Sylvan D. Richards, Jr.: One of the choices (thank you, Mr. Speaker) is pass it on to the customer. The other choice is, I might have to get rid of some staff.
The SpeakerThe SpeakerMm-hmm. Mr. Sylvan D. Richards, Jr.: Or, I might not be hi ring as many staff. So there are a lot of moving parts. There are a lot of unintended consequences that we are not really talking about in this report. And I am not saying that something needs to …
The SpeakerThe SpeakerYes. 3116 10 August 2018 Official Hansard Report Bermuda House of Assembly Mr. Sylvan D. Richards, Jr.: Sure. POINT OF INFORMATION
Mr. W. Lawrence ScottPoint of information for the Member is that in our research as a committee, in the jurisdictions that have implemented a liveable wage, there was no decrease in employment, there actually was an increase in employment with the implement ation of a liveable wage. Mr. Sylvan D. Richards, Jr.: I …
Point of information for the Member is that in our research as a committee, in the jurisdictions that have implemented a liveable wage, there was no decrease in employment, there actually was an increase in employment with the implement ation of a liveable wage. Mr. Sylvan D. Richards, Jr.: I will take your point. I do not believe it though.
[Laughter]
Mr. Sylvan D. Richards, Jr.: I just don’t. I do not know where you got your information from. But I was a business person. I owned a business. At one point I had 90 employees. And when my expenses went up, the first thing you can control is labour. That is where you make the cuts. So, I think this is a good start. There is a lot more work that needs to be done. And I am glad to see in the report that it says that there will be exte nsive consultation. In fact, on page 5 of the report, it says, “ There will be no steps taken towards the implementation of a minimum/living wage regime unless and until the necessary consultation has been taken with stakeholders across all business/industry sectors in Bermuda. ” That is going to be key. That is going to be key! Because before anything is impl emented, we have to get buy -in from everybody who is going to be affected by this. And I know that is going to happen. But in wrapping up, once again, the elephant in the room, and it always has been, is, How do we as a jurisdiction reduce the cost of li ving in Bermuda? And until we tackle that in a real and meaningful way, we are just spinning our wheels. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member, for your contribution. Any other Member? I recognise the Honour able Minister of H ome Affairs. Minister Brown, you have the floor. Hon. Walton Brown: Thank you, Mr. Speaker. And good evening, colleagues. I would like to first of all thank the Honourable Member, Rolfe Commissiong, …
Thank you, Honourable Member, for your contribution. Any other Member? I recognise the Honour able Minister of H ome Affairs. Minister Brown, you have the floor.
Hon. Walton Brown: Thank you, Mr. Speaker. And good evening, colleagues. I would like to first of all thank the Honourable Member, Rolfe Commissiong, and his team, for bringing together this report to Parl iament. It was a very important report, tackling a very important issue. It is one of grave importance to us all. I hope they will all give it the attention that it deserves.
[Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair] Hon. Walton Brown : I would like to speak about the case of the hospitality worker in the context of the minimum wage. Because it is within hospitality that we have the most serious abuses in terms of the wage levels and discrepancies. I want to speak, Mr. [Deputy] Speaker , about the case of Jessica. Jessica works for a local restaurant. She earns $5.25 an hour, plus she gets tips. That is an absolutely horrific wage to live on. She has to hope that she gets the gratuities paid to her. When she gets gratuities, she gets may be $800.00 a week, but she does not always get gratuities. Sometimes it is a pay cheque of $300.00 a week, which is absolutely abysmal. You cannot live off that amount of money. It is almost a crime. Yet, Jessica has to pay her rent; she has to pay for her food and her utilities. It is very difficult to imagine someone living under those ci rcumstances, under those pay conditions, but that is the reality for a lot of people who work in hospitality. It is a grave injustice to them, Mr. Deputy Speaker, and it needs to be addressed. So I welcome this report. I welcome the r eport’s call for at least a minimum wage of $12.25 an hour by next year. That would help with those people in hospitality like Jessica. It is a very serious matter, Mr. Deputy Speaker. One wa y in which you could address the issue of the whole wage salary and the wages in hospitality is to eliminate gratuities altogether. Have an adjus tment in the prices of the food to incorporate a higher wage for everyone, and then just have optional tips. So you eliminate the automatic gratuities altogether, and then you have an optional tip. But in the process, at the same time you are increasing the base salary of every employee. That is one option that should be considered, if you are serious about adjust ing the pay in hospital ity. It will lead to an increase in pay because the wor ker would be getting a higher hourly rate, plus they would get the optional tip from those people who wish to leave a tip at the end of the service. So that is one option for addressing the issue in hospitality. Mr. Deputy Speaker, the other issue is that it is just difficult to get by. It is just difficult to get by with that sort of low pay. And it is hard to imagine people who are actually able to do it on a weekly basis. It is a challenge. The one area where there is a mandated pol icy of a minimum wage is in the domestic workers, as MP Commissiong already pointed out. That is the only area within government policy where there is a man-datory minimum wage. That is for the caregi ver in domestic caregivers. The mandated pay is $10.00 an hour. Even that is very low; but that is still a base sal ary for some. It is something that is a challenge because it represents a very low pay level within a low - paid industry, and it is something that needs to be a ddressed. It needs to be addressed upward. And we need to make that a matter of some importance.
Bermuda House of Assembly Mr. Deputy Speaker, these are the serious issues that we have to confront in hospitality and in the low -wage skill sector of the domestic worker. How it gets addressed can be addressed by this Commi ssion. The Wage Commission will have this mandate to look at the minimum wage and can make an appropr iate adjustment. I am hopeful that they will look at this with a level of urgency and figure out ways in which it can be addressed. It cannot be addressed overnight, but it requires urgent attention to it being addressed. Mr. Deputy Speaker, the issue of hospitality wages is a grave matter. It is something that requires urgent attention. We need to find ways to address it. The issue of the working hours is something that needs to be addressed as well because many times we have people working long hours for low pay. You work shift work, and sometimes even work up to 12hours a day, working the shift w ork. That creates a very long day for very low pay. And we need to find ways to address this matter. I cannot say that I have the answers to it, but we need to find answers to this challenge, Mr. Deputy Speaker. It is a matter of grave importance. There i s a massive social cost to it because what you have is the worker who is working these long hours, they have very little by way of a social life. It is difficult to take care of domestic responsibilities, and it is just a daily challenge that they have to face. There is no immediate solution in sight. But if we can address the issue of pay we will have made some progress in this regard. There is not an easy and obvious answer that we have to come up with, Mr. Deputy Speaker, but it is something that is absolutely r equired. The issue of working conditions is something that requires attention. You have the long working hours, you have the horrific working conditions that exist in many of the hospitality sectors, where you have abuse in the work place. But that needs to be addressed as well. It is a matter of grave importance. Mr. Deputy Speaker, these are some of the challeng es that we face in hospitality, and they need to be addressed with a level of urgency. I think that we need to look at some of the other factors that are i nvolved. [This] involves the working conditions that r elate to the employee, and the susceptibility t o abuse in the workplace. There is the issue of being fed on the job and taking money out of your pay for food that you eat. That adds to the burden on the worker and it is a grave matter. Mr. Deputy Speaker, these are issues that require our urgent attention and we need to find ways to address them. The issue is one that requires urgent attention and we need to figure out a way to address it in a meaningful way. The Commission that would look at the wages is something that is of great importance because t hey will have the mandate to come up with the appropriate wage levels for payment of workers. The idea of $12.25 an hour has been floated. That may or may not be the ideal amount because even $12.25 an hour is relatively low. But there may be a step that the Commission believes is sensible in light of a multitude of circumstances. But I do not b elieve that it is an appropriate amount. I think we are looking something more in lines of $18.00 to $20.00 an hour as a base salary for everyone. But Gover nment does not have a position on this as yet. We are just contemplating how it can be achieved. But something along the lines of $18.00 to $20.00 an hour makes a lot more sense. And if you can look at that in hospitality then you will look at pe ople earning real wages and having a life chance of improved hope and opportunity. That is the challenge that we face in this area, Mr. Deputy Speaker. The issue of the [pay] discrepancy is a major one as well, because you have some people who work in hospitality earning more than others. There are gaps of some who earn $5.25 an hour and others may earn up to $10.00 or $12.00 an hour. It is a di screpancy based in part on whether you are foreign or local, or just based on blatant discrimination. That is an issue that requir es addressing as well. I am not quite sure what the answer is in that regard, but it needs to be addressed as well. It is a matter of some importance. Mr. Deputy Speaker, those are my comments that I have to make on this matter. Thank you, Mr. Deputy Spe aker.
The Deputy SpeakerDeputy SpeakerThank you. Any further speakers? The Chair recognises the Honourable Member Cannonier. You have the floor, sir.
Mr. L. Craig CannonierThank you, Mr. Deputy Speaker. I want to concur with the speaker, the Honourable and Le arned Member who just sat down, that this is a matter of urgency. I believe the first report was like about 90- something pages, and I can understand why, trying to grapple to a …
Thank you, Mr. Deputy Speaker. I want to concur with the speaker, the Honourable and Le arned Member who just sat down, that this is a matter of urgency. I believe the first report was like about 90- something pages, and I can understand why, trying to grapple to a point whereby we have a real grasp of the challenge that we do have. One of the greatest challenges that was intimated by the speaker, the Honourable and Learned Member who just sat down, and then also by Honourable and Learned Member Sylvan Richards, when you are looking at this minimum wage, if I were to do some quick calculations, even if we were to set a minimum wage of about $20.00 for a single mom with a kid, they are going to struggle even at that minimum wage. We need to set something. I agree with that. We need to move forward in getting employers to the position whereby they can afford to do this. And we also need to get it, more importantly, for the employee who has to survive in a country whereby costs continue to es-calate. Just continue to escalate! 3118 10 August 2018 Official Hansard Report
Bermuda House of Assembly If you take the insurance companies, and I do not want to single them out , per se, but I will. Rather than cutting back on staff numbers and the like, every year your insurance just goes up. They just increase the price to be able to pay the salaries and the likes that they do and to be able to afford to have the co verage for i nsurance. They just put the price up. And we as a jurisdiction, and as an employer, and as an employee, just go ahead and pay it because it is something that we feel is extremely important to have. So I understand the reasoning behind why we are moving in this direction. And I want to applaud the Joint Select Committee from moving in a direction that gets us all to talk about what really is a problem here in Bermuda. I also recognise, being an employer of dozens and dozens of people, that most of the people who I work with and business owners who I communi-cate with, are already paying well above the $12.00 an hour range. They are already there. So I was curious as to the industries that are paying this $5.00 and $6.00 or $7.00 and $8.00 an hour. And I guess I was wondering, if this has been going on for some time, this is a great opportunity for our unions to step in and to make inroads into some of these areas. I do not believe that it is the norm in Bermuda, that people are getting paid less than $12.00. I think it is a minority that is doing that in these industries. So we need to get our unions into these areas and discussing this. Whether it is foreign wor kers, Bermudian workers or the likes, to . . . to . . . this is a human rights issue, basically, in a country like this that we are actually paying those kinds of salaries. It is just unheard of! And so I believe that it is complex. In reco gnising that even in the industry that I am in, you know, we are starting unskilled workers at $14.00, and above, because we know it is important to be able to give them a decent salary, knowing that they will also get tips along with it. And some of them get over $100.00 and $150.00 tips —and that is untaxed money. You know, I can recall back to a former Premier of the PLP Government when we, as an industry in the fuel industry, said, Well look, if during the recession, if we are going to be in a position whereby you want to increase fuel prices, this is going to be a burden to the Bermudian. Then if you are going to inc rease our taxes as well as a business, then we may have to lay some people off. It was a great relationship that we had that we were able to discuss some of the issues that we as an industry were having and we came to a compromise so that we did not have t o lay people off. And that leads me to page 9 of the recommendations. I just wanted to point this out, as I was thinking about just the minimum wage side of things, in the report here it says, “ The ILO considers that, employers ’ and workers ’ organizations should be fully consulted before implementing any kind of wage r egime. ” It continues on to say “ This implies that consu ltation must take place before decisions are taken and that the representatives of the employers ’ and wor kers’ organizations should be provided with full and pertinent information. ” Now, I believe that, and as I went through the report, I can see that that is going to happen for the living wage, but I did not see where that was fully i mplemented for the minimum wage. So I am hoping that as this JSC . . . I do not know if you are going to be meeting any more after this report, but it does not look as if—
Mr. Rolfe CommissiongYes, we have [an] extensive round of the JSC consultation in the . . . over the last 18 months, the first round. It is intended that that level of consultation now will take place at the Go vernment level. Now, we are passing the ball (Amer ican football style) …
Yes, we have [an] extensive round of the JSC consultation in the . . . over the last 18 months, the first round. It is intended that that level of consultation now will take place at the Go vernment level. Now, we are passing the ball (Amer ican football style) to the Government and we are rec-ommending that the next round of consultation be undertaken by the Government. So, hopefully that will meet som e of your concerns there.
Mr. L. Craig CannonierYes. I think the reason why I am saying . . . I recognise that with the living wage that we . . . I know, I can see that you are on the right track, that the JSC is on the right track. But we are establishing that we …
Yes. I think the reason why I am saying . . . I recognise that with the living wage that we . . . I know, I can see that you are on the right track, that the JSC is on the right track. But we are establishing that we want to already say, that, Listen, we are going to put in place a minimum wage of $12.00, or somewhere in that range of $12.00. I do not feel that we have actually gone to some of the i ndustries and spoken to the industries of the complex ities of the challenges that they do have, and I am tal king about the businesses that been around for a little who have survived through the recession who are now just beginning to get back on their feet and some of the costs that they have had to incur is astronom ical. Taxes are going up. Insurance is going up, and the likes. So, it concerns me that we may not be coming to the right figure; or we may have come to the right figure for the employees, but we have not come to the right position whereby the employer s are going to be able to afford what we are recommending. I think that if we have the consultation with the employers, I beli eve, as I have seen in the past that we can come to some form of right formula that works for everyone. Knowing, and speaking pers onally to the i ndustry that I am in, we are well above that $12.00
Bermuda House of Assembly range, because we recognise that it is important for Bermudians. And we have 100 per cent Bermudians working in the fuel industry and many of the other i ndustries that I am aware of, many f riends who have businesses. It is important to understand what those complexities of cost are for the employer. What we do not want to have happen is . . . we want to make sure that the employee is getting a minimum wage that points him in the right direct ion, but what we do not want is to have, inadvertently, is the result of causing a business then to go out of business where people then lose their jobs, as opposed to holding on to their jobs. So I would encourage the committee and the Government, as they move forward, to really look at these industries. This hospitality industry . . . I am al-most appalled that the hospitality industry is paying these kinds of wages. I mean, I do not know . . . I am a small business guy. I could never get away with paying someone that kind of money. I am curious as to how they have been able to get away with this here in the hospitality industry. I see you . . .
Mr. L. Craig CannonierYes. It is pretty phenomenal that this is actually happening in an Island like Berm uda. Just astounding. So I would encourage, if any of the members of the unions are listening to this here that they pl ease get involved with some of these industries, or the hospitality industry …
Yes. It is pretty phenomenal that this is actually happening in an Island like Berm uda. Just astounding. So I would encourage, if any of the members of the unions are listening to this here that they pl ease get involved with some of these industries, or the hospitality industry for that matter, and the restaurants and really drill down as to what needs to happen. O bviously, we do not want to have, you know, your nice steak dinner costing . . . it is alre ady for two people to go to dinner, on an average, $120.00. Basically, you do not want have it at $250.00. But at the same time, we cannot have people making $5.00. I am just astounded at that —$5.00 and $6.00 an hour —and then living off of the tips. I do not know what the typical person in the restaurant makes in tips on a daily basis, but I have heard some of the horror stories where some of the employers do take part of tips that are given for the [employees] of the restaurants. But somehow we do have to wrestle this down. And my colleague intimated to it. We have got to find a way to reduce our cost in this Island. There have to be ways that we can reduce our costs. I can recall when we had first . . . just before actually we became Government, we were already thinking of how we could do that. And we addressed the grocery stores, the supermarkets who were working with small margins. I think people believe that they are working with huge margins. They are not working with huge margins. I think most Bermudi ans are unaware of the difference between the strategies in retail when it comes to the US and the strategies that are involved in Bermuda, as a small jurisdiction and a limited num-ber of people. In the States they recognise that if they have a hundred jelly beans and sell them at one penny each . . . because they got a whole bunch of people coming by the market is so much larger. But in Bermuda you have 60,000 people, that is it guys! That’s it! So you are trying to get more out of that same 60,000 people as your cost continues to go higher and higher and higher. I believe that there are some very creative ways, Mr. [Deputy] Speaker —sorry about that.
The Deputy SpeakerDeputy SpeakerWell, I was wondering who you were talking to.
Mr. L. Craig CannonierVery creative ways that we can get to the point of reducing our costs. Employers would love it. The employees would love it. We need to get to a point whereby our people who are getting these kinds of salaries that we have been talking about that is a concern …
Very creative ways that we can get to the point of reducing our costs. Employers would love it. The employees would love it. We need to get to a point whereby our people who are getting these kinds of salaries that we have been talking about that is a concern can afford to be able to get healthy food. I mean, it is just crazy that produce and the like is at the price that it is. But I understand why. So we have got to get to a point whereby we put our heads together and come up with a solution that is going to really, really reduce the cost of living in Bermuda.
An Hon. Member An Hon. MemberIt’s coming.
Mr. L. Craig CannonierIt’s coming. It’s coming. Yes. A lot of things have been coming. I am, again, astounded, that we are paying those salaries. This is something that . . . my goodness, should have been addressed a long time ago. So, I want to say basically to the JSC, listen, there …
It’s coming. It’s coming. Yes. A lot of things have been coming. I am, again, astounded, that we are paying those salaries. This is something that . . . my goodness, should have been addressed a long time ago. So, I want to say basically to the JSC, listen, there is a lot of information here. There are a lot of complexities to this thing, and the one concern I have is that we are establishing a minimum wage without having had real consultation with the employers. I think there is a happy medium there. There is an o pportunity that we do have of striking it right, and ge tting it just right, without jeopardising businesses, [causing them to go] out of business. And one of the things I want to add to that is that historically, before 2009, when we really got into the grips of the recession, you did not hear many people talking about the issues of a minimum wage. There was a lot of work going on and people were j ust going out and they were working two and three jobs, as we know, which has been historically a thing for Bermudians. It has afforded us to be able to take trips and the likes, two and three a year. 3120 10 August 2018 Official Hansard Report
Bermuda House of Assembly But with the 2009 recession, it was really 2008 that i t came into effect, but in 2009 it got a grip on Bermuda. And for the first time Bermudians were basically struggling at this time to survive. Businesses were struggling to survive. And many, quite frankly hundreds of businesses went out of business. I mean, I can think of so many of my friends who went out of business. And the businesses that did survive, who are out there trying to do an honest day’s work and take care of their employees, they were in a position whereby, the ones that survived went into debt, quite frankly. And they are now just beginning to get back to zero level, having paid off loans that they had to take out and the likes. And this is why I am concerned about the employer’s side. We need to take a look at what is nee ded for them as wel l. I have mentioned it in this House on numerous occasions. I felt that the higher tier, the exempted companies and the like, in the last budget we did not hit them at all. We left them alone. But yet we did raise taxes for the small and medium -sized busin esses. That cannot be! [Regarding] the higher tier companies who are making the millions and millions of dollars, we need to be going after some of those monies which will help relieve the issues that we have in this Island. The money is out there. I see some of those non- profit organisations here represented. They know the money is out there. We gotta get it! And one of the ways that we as legislatures can do that is, we need to be looking at the high tier people. They do not need to be getting the breaks that they are getting. We need to tax them more, quite frankly. We need to tax them more because we cannot be paying people $5.00 and $6.00 an hour. It can’t be happening. So the small and medium -sized businesses, who are hiring the majority of the peopl e in Bermuda, their tax is increasing and they are trying to come out of the recessionary period —my goodness, it is a decade later and they are still trying to come out of that position. We have got to look at some of these companies who are making the monies, who have been afforded the opportunity to walk away since the 1980s, billions of dollars gone out of here in profits — easy! So we have to find a way to recoup some of this money to help these kinds of people who are in this position who we are recommending that make $12.00 as a minimum wage. So, again, I want to say that I do applaud the JSC for this work. I recognise, I can see where it is probably been difficult just to get to this point. But I do believe that the non- profit organisations will be r elieved in a much greater way if we can find the way forward of taxing those people who are in the bracket that I believe can afford the increased taxes. This can also help [provide relief to] some of the non- profit organisations, who have seen the atrocities that many are experiencing, and [these organisations] are trying to help them. I have heard some of the horror stories. I have seen some of these horror stories. We now have to get something into place. And so as we move forward, I look forward to the ex tended work by this committee in moving it on to Government. But, again, we do have an urgency on our hands and I am hoping that industries will now be consulted with as to how we can ensure—
An Hon. Member An Hon. MemberAgain. Again.
Mr. L. Craig CannonierWell, I know our industry has not, and I know some of the other industries haven’t —
The Deputy SpeakerDeputy SpeakerMr. Cannonier, you need to talk to [the Chair].
Mr. L. Craig CannonierYes. Yes, sir. Yes, Mr. De puty Speaker. So I am hoping that some more consul tation will happen so that industries out there . . . I know many of these small to medium -sized business ow ners, Mr. Deputy Speaker, are willing to do whatever it takes. I …
Yes. Yes, sir. Yes, Mr. De puty Speaker. So I am hoping that some more consul tation will happen so that industries out there . . . I know many of these small to medium -sized business ow ners, Mr. Deputy Speaker, are willing to do whatever it takes. I know many of them, like myself, who buy bikes and the like for some of our employees who need to get to work. They are extending themselves. But they are at the point whereby if they extend themselves anymore with increased taxes and the likes, they are going to shut down. And we do not want that. And so, the consultation will continue. And I have faith in the chairman of this committee that he will press forward with this here, and I am glad to see the report. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerAny further speakers? The Chair recognises the Honourable Member Tinee Furbert.
Mrs. Tinee FurbertThank you, Mr. Deputy Speaker. I do want to have the opportunity to start . . . there was a documentary done some time ago titled Poverty in Paradise: The Price We Pay.
Mrs. Tinee FurbertThere was a quote in the begi nning of that documentary and it was by Frederick Douglass. And if you would allow me to read that quote, Mr. Deputy Speaker?
Mrs. Tinee Furbert“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob, and degrade them, neither persons nor property will be safe. ” And it would be great, Mr. Deputy Speaker, if we …
“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob, and degrade them, neither persons nor property will be safe. ” And it would be great, Mr. Deputy Speaker, if we had a count ry where that phrase by Frederick Douglass was flipped, where justice is accepted,
Bermuda House of Assembly where poverty is ceased, where ignorance fails, where any one class is made to feel that society is an organised community to liberate, help and lift them, neither persons n or property will be unsafe. And I think with the Joint Select Committee examining a living wage that, Mr. Deputy Speaker, we are making our way t oward addressing poverty. I also wanted to bring up hospitality, because it has come up as one of the industr ies in which there are low wages. But there is also another industry and that is child care, Mr. Deputy Speaker. There are peo-ple out there working in child care who are getting very low wages. Someone comes into mind where, someone told me that they were taking home $375.00 a week, $1,500.00 a month, and that equates to $18,000.00 a year, with no insurance being taken out. And that is a full -time pos ition of $35.00 an hour [sic]. So that is a true demonstration of people truly living in poverty. We know in the most recent census that the median annual gross income was $58,000.00. And if we are earning less than 50 per cent of that median income, then no doubt there are many people living in poverty if people are taking home $18,000.00 a year. Who can live off of that salary? People would have to supplement. And something else to consider is that Financial Assistance supplies our very basic needs at a minimum wage level, and actually there are stats out there that show that a single person will get a minimum wage level in Financial Assistance, depending on what they are . . . what the . . . when they work it out. But usually it comes out to be about $30,000.00. So even that is above what some people are making that are below the poverty line. Unfortunately our people are choosing. They are choosing to live with Financial Assistance, or they are choosing to supplement with Financial Assistance to be able to survive in Bermuda.
An Hon. Member An Hon. MemberOr live in the UK.
Mrs. Tinee FurbertOr living in the UK. They are leaving, they are leaving the Island to be able to afford things and have a better quality of life somewhere else. There is also something that I wanted to point out. Bermuda, being part of a global world, we have a duty as …
Or living in the UK. They are leaving, they are leaving the Island to be able to afford things and have a better quality of life somewhere else. There is also something that I wanted to point out. Bermuda, being part of a global world, we have a duty as Government towards the United Nations 17 Sustainable Development Goals [SDGs]. And I am just going to speak to the first eight. These Sustainable Development Goals are to help us to transform the world, and these are goals that different countries are supposed to be working towards. The first one is that we are working towards no poverty. We should be working towards zero hunger. We should be working towards good health and well -being; quality education; gender equality; clean water and sanitation; affordable and clean energy; and decent work and economic growth. And that falls within this domain of addressing the minimum wage. So those are just the eight; there are many more, but I just wanted to focus on those ones which have some relevance to the living w age. So, we have a duty to examine living wage for our citizens as part of a transformation for our world so that our people can thrive. I think someone has already mentioned that sometimes governments, or some other private employees, have the opportuni ty to have pay increases based on inflation. But there are some private industries were they do not adopt that strategy for their employees in providing a rate of inflation or pay raises based on inflation. So there are people who have had the same salary for the past 20 years when inflation is still going up. How can we afford to live like that? I just want to give an example because I met a couple and they are now in the 80s. One was a bar-tender and the other one had been a waitress for years. They did not have any children, but they did save quite a bit of money, what they thought was a considerable amount of money, to assist them throughout their retirement. But then as they aged they became unwell and their health care suffered and they had to use quite a bit of their funds towards caregivers and also towards health care costs. So all of the money that they had saved became depleted because they had to put it into having someone take care of them. People are living longer and health care expenses are r ising, and we are living longer with more health care concerns. So, the money we thought that we would we have in retirement or money that we would have saved into retirement becomes depleted. And because we are living longer, we soon find that we do not have access to these funds. So with a living wage, not only are we looking out for the working population, but looking at a living wage will also assist us hopefully as we age in the future to be able to do things like save more towards our retirement. In closing, Mr. Deputy Speaker, it has been mentioned already in our platform that one of the Pr ogressive Labour Party’s goals was that we would em-power Bermudian families and we would do this by implementing a living wage to ensure that people who are emplo yed full time earn wages that keep them out of poverty. So it is very important to us that we address this living wage issue. I am glad to hear that it will be going further with more consultation in regard to us implementing a living wage because it is very difficult living in Bermuda with such high costs that we have. I want to congratulate the Joint Select Committee in regard to this report, which was a well written report. I support the recommendations on living wage legislation amendments and the enforcement of co mpliance measures. That is also very key because lots of times we put out some really good legislation but then we do not have the enforcement measures to back it. So it was very important to highlight the i m3122 10 August 2018 Official Hansard Report
Bermuda House of Assembly portance of proper compliance and enforcement measures to make sure that our people are being monitored to make sure that they are continuing on with a living wage once it is implemented. There is definitely more work in this area. We have already heard about the recommendation of the $12.25 per hour, and many people will still struggle with that wage. They will still need to be supplemented and still need to work one, or two, or three jobs to be able to live in Bermuda. But it is a step for us in helping to reduce poverty so that we can continue to address the goals which are in that report in which we will achieve certain benefits as it is outlined in this r eport when it comes to fair compensation for our pe ople, and improved quality of life for our people, opportunities for education and better skill training, which will be definitely our saving grace, reduction of fina ncial stress due to, hopefully, a better standard of living with having a higher wage, better health or access to health [care], greater job satisfaction, reduced disc iplinary problems and absenteeism, and antiracism antics and social problems. Mr. Deputy Speaker, I would like to thank the committee for their hard work and contributions in r egard to this report. I know that it was not an easy task, but it is definitely o ne step closer for making a difference in somebody’s life. Thank you, Mr. Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Any further speakers? The Chair recognises the Honourable Member Pat Gordon- Pamplin.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Deputy Speaker. Mr. Deputy Speaker, this report as put forward by the committee . . . I have to applaud the work that has gone into the finished product that we have here today, being the interim stage of what needs to come next. I think the …
Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, this report as put forward by the committee . . . I have to applaud the work that has gone into the finished product that we have here today, being the interim stage of what needs to come next. I think the unfortunate thing is, and this is not a criticism of the committee but just a timing difference in which we looked at the urgency with which we needed to address this matter, and it has taken us two years from the first committee that was embodied in 2016, with the varying reasons that were given by the chairman as he presented the report. We certainly understand those delays. But those delays have not helped to ease the burden that some of our people have faced. Therefore, they have not been able to reach t he nirvana of being able to live with a standard of integrity that is necessary, with a standard of dignity (sorry, integrity is not the word; with a standard of di gnity) that is required from a living wage. One of the things that I have looked at is that in coming up with a number, it is kind of difficult, if we had looked at . . . and I think at the time that this committee was established, the Members of the House at the time were informed that there was a subcommittee of the Labour Advisory Council ch aired by Senator Jason Hayward, which had made reasonable steps towards making recommendations at that time. And if we had been able to embody that report and to utilise it as the basis to springboard, I believe we might have been able to reach where we ar e a little bit quicker. The ultimate aim, what we have got out of this report is not a definitive recommendation, but rather something that says, Let’s now establish a commi ssion to take up the thoughts and ideas that we’ve put into this report and to progress it further to ultimately come up with a number at the back end. And a lot of that work would have been a lot further down the track if we had accepted the fact that if we can build on what we have . . . I think Senator Hayward and his committee did a yeoman’s service to this community by the report that they produced at the time. We could really have galloped along a little bit quicker. But with all of that said, let me just say that my fear here, as was mentioned by my honourable colleague from const ituency 7, [who] talked about the small local entrepreneur . . . because you know what is interesting, Mr. Deputy Speaker, is that when you call the major companies who really are turning over millions and millions of dollars on an annual basis in their re venues, you do not get Mr. and Mrs. Unemployed or a low -earning Bermudian answering their telephone. You call somebody . . . you used to be able to say, Can I have the number for . . . you know Ms. Smith . She lives in the blue house down past Ms. Jones who lives in the orange house. And that oper ator answering the phone would tell you the number that you want, because they knew of whom you were speaking. What we have now is somebody answering the telephone that is in Midwest United States, who does not have a clue. You know, I asked the other day for a go vernment office number and I was given the wrong number. So directory inquiries, basic things like that, you call to ask the balance of your telephone bill and you are speaking to an operator from somewhere foreign. One of your biggest banks, HSBC, you call and you are listening to a receptionist who is trying to troubleshoot your query, and they put you through, sometimes with great difficulty because they have a language barrier, where they cannot even und erstand what your basic question is. So we have a responsibility with some of the larger firms to say, You are not carrying your share of social responsibility, b ecause a significant portion of their fees and revenues are raised from people who are paying their monthl y bills. You are paying your telephone bill, you are paying your bank charges, you are doing all . . . and the charges that they are racking up on the backs of us as Bermudians pale in compar ison to what a lot of these companies are putting in in terms of just some of the basic jobs.
The Deputy SpeakerDeputy SpeakerMm-hmm. Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Now, I am not sa ying that every single job that is given out by . . . or that every single employee that is employed by any of these larger corporations needs to be Bermudian. I have no doubt …
Mm-hmm.
Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Now, I am not sa ying that every single job that is given out by . . . or that every single employee that is employed by any of these larger corporations needs to be Bermudian. I have no doubt that in some instances they may need to have specific expertise that they pull from their worldwide cabal of employees. But by the same t oken, there are certain jobs that we can, and that we should, be insisting are j obs maintained and held by Bermudians.
Mrs. Patricia J. Gordon -PamplinI do not like the idea of somebody telling me, you know, when I call, Can you please tell me your number? Can you repeat it again? Because they cannot under stand me and I cannot understand them. The frustrations abound. I think that that is an opportunity that we …
I do not like the idea of somebody telling me, you know, when I call, Can you please tell me your number? Can you repeat it again? Because they cannot under stand me and I cannot understand them. The frustrations abound. I think that that is an opportunity that we are missing, that corporations are missing to be able to fulfil part of their social responsibility to make sure that our standard of living is enhanced as a result of the fact that they are collecting from us and therefore they should be more than willing to give back to the community. The focus of Senator Hayward’s living wage report, if I can refer to that as a precursor, was effectively to esta blish a living wage policy, not a living wage dollar amount. Because let me just say that when we look at a dollar amount of a living wage, let me just say, I like the idea of at least knowing that we should not go beneath a certain number. But let me just point out something. If you take a 40- hour week, and you take four weeks in a month, on average you are taking about 160 working hours in that month’s period of time. Now, let’s say that your electricity . . . if we are going to break this down to an hour ly basis, if your electricity costs you $160 a month for your bill, that is effectively costing you one dollar per working hour—160 hours, $160.00, one dollar an hour. Add to that your health insurance, your HIP or whatever it is. That is costing you $3.12 per working hour. Add your social insurance is another $0.80 per working hour. Your rent; if you are paying $1,200.00 a month rent that is $7.50 per working hour.
Mrs. Patricia J. Gordon -PamplinYour food, let’s assume that you are a single- parent household because you are not going to feed many more than one parent and maybe one child on $500.00 a month for food. But let’s say $500.00 is your food bill. However, you scrimp and save and make it d …
Your food, let’s assume that you are a single- parent household because you are not going to feed many more than one parent and maybe one child on $500.00 a month for food. But let’s say $500.00 is your food bill. However, you scrimp and save and make it d own to that. That is $3.12 per working hour. Your phone bill comes to $40.00 a [month], as a basic minimum. That is $0.25 per working hour. Your transportation, your bus pass will cost you $69.00 a month, which works out to $0.43 per working hour. If you add just those basic requirements, you are at $16.23 a working hour, for basic subsistence. It is nothing extra; that does not include clothes. Do not even think in terms of entertainment. Do not think in terms of any extra that might come up, you know, if the bus does not show and heaven forbid that you have to take a taxi. These are things that you have to start to look at and break down in little minute pieces when we start throwing out a number. So, if you think in terms of the basic necessities coming to $16.23, and that is just an off -the-cuff, back -of-the-envelope, calculation, $12.50 is not even going to come close. You are a lready behind the eight ball. Therefore, in order to supplement and to make sure that your ends meet, you are still falling in the earnings low category in which you are still going to have to rely on the D epartment of Financial Assistance in order to make ends meet. That is not being able to live with dignity. So, if we had been able to jump- start with the information that existe d, and to say that this commi ssion could have been in place such that now, with the expertise that is given to us by the Department of St atistics, with all the information that they have collected from the census results, from the statistical results, from the earnings report, then we could have found ourselves in a situation in which we were a little bit closer to coming up with a number that is more meaningful. I understand when I looked at . . . I mean, there were tremendous experts who were brought on board in consultation with a committee for the stage that we are at. But I do not think . . . I think the committee probably tried to mire itself in the minutia in which it might have been a little bit better to put people there with the sort of expertise that we could have been a little bit further down the road. Now, we had the economist, Craig Simmons. He came up with some great ideas. And he had spo-ken to his idea once before in terms of having a sy stem of tax credits. And [this is] something absolutel y worth exploring. We looked at Nathan Kowalski. We looked at the report that was given by Philip Perinchief, various people who have some level of expertise. But collectively their purpose is perhaps being a little bit diluted because their focus was effectively trying to provide coming from all different angles. Robert Stubbs, trying to provide from all di fferent angles, information for the committee. And I believe the Honourable Member from [30], Leah Scott, had indicated earlier that it is better to ma ke sure that we look at all of the statistics and that the statistics lead to a number, and that is what a living wage commission will do. It will look at all the statistics and let the statistics lead to a number, as opposed to looking at a number and mak ing the statistics fit into the—
[Inaudible interjections]
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Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: —making the square peg fit into the round hole. I hear the disa ppointment by the chairman but it is important to mention—
[Inaudible interjections]
Mrs. Patri cia J. Gordon -Pamplin—Mr. Deputy Speaker —
Mrs. Patricia J. Gordon -Pamplin—so that people who are suffering do not have to suffer for any inordinate length of time. We can only do what we can do as a Go vernment. We can only tax businesses to a certain ex-tent. We can only exact from the taxpayer in terms of payroll tax …
—so that people who are suffering do not have to suffer for any inordinate length of time. We can only do what we can do as a Go vernment. We can only tax businesses to a certain ex-tent. We can only exact from the taxpayer in terms of payroll tax and whate ver else we have, a certain amount of money. And in so doing we have to recognise that this money has to stretch over all of the pr ogrammes that are required to be implemented by any given Government. So I would just like to see that we put a jumpstart o n whoever is going to serve on this commission so that we can find that the benefits of coming up with an ultimate answer that does not sink the backbone of our economy, and the backbone of economy is the medium to small entrepreneur. So we do not want to say that this is what you are going to have to pay and they cannot do it and before you know it they are out of business. I am not meaning to cry gloom and doom, but I think it is also important to recognise that when we put a number there it must be attai nable and sustainable. I think that sustainability is going to be the juxtaposition of what we hoped to be and what we have. It is going to be a difficult bridge to cross for us to be able to make the determination as what is a fair number, that we are not putting people who are creating business, out of business. The average local entrepreneur, a medium to small entrepreneur, goes into business with a mindset of saying, I will put X -amount of my resources, my effort, my time and my energy into creating a business that I hope to be successful. In that business plan and business model, they are saying, I can bring on two employees. So now if that price goes up . . . well, let’s say they decide they are going to bring on one employee. As time went on, you know, Mr. Jones’s daughter down the street has now come home from school for the summer and needs a summer job. So this local entrepreneur says, You know what? I know Mr. Jones’s daughter, I am going to bring her on for the summer. So that has created additional cost that maybe that entrepreneur was not initially anticipating. Now their costs are a little bit higher. S o one of two things will suffer. Either their profit margins go a little bit leaner, or they put their prices up in order to sustain the level of profit margin that they wanted to have. All while you still have your major businesses still outsourcing entry -level type jobs that could be done by Mrs. Jones’s daughter so that she does not have to put a strain on the other local small entrepr eneur. So it is a question of us being able to hold hands with major corporations as well as to remind them of their social responsibility to make sure that we can have a decent standard of living. It is important in this context, as we make these discussions, to focus on the differences in income—the disparity of income as shown by the census between blacks and whites in their earnings, and between locals and foreigners, black and whites. Locals and foreigners [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
Mrs. Patricia J. Gordon -PamplinAnd I say that because we also have to ensure . . . because you will know, Mr. Speaker, that my responsibility is for Home Affairs, Immigration. And we have to know that in e nsuring that we are fair to people, we do not want to bring people into …
And I say that because we also have to ensure . . . because you will know, Mr. Speaker, that my responsibility is for Home Affairs, Immigration. And we have to know that in e nsuring that we are fair to people, we do not want to bring people into our country and then exploit them. That does not serve anybody well. But by the same token, we also want to make sure that we are not bringing people into our country just because. I have spoken once before of a situation in which, while I served as Minister for Immigration, we had an individual who decided that he wanted a particular foreigner for what I deemed to be a job that anybody who would show up to work at nine o’clock in the morning and be willing to stay for the day would have been able to do. But this person was fixed on what it was that he required; that he wanted this particular individual. And, of course, we turned it down, as the department was looking at the applicant for the job, and the job requirements according t o the advertisement, we turned him down. And he came back and he said that the Mini ster does not know what she is doing, the department secretary does not know what she is doing, the Chief Immigration Officer does not know what she is doing. And I said, Maybe none of us knows, sir. But I will tell you one thing we do know; you are not having him. It is as simple as that, because I felt that this was a position that could have been held by a Bermudian. And why do I make reference to that particular story? B ecause by that Bermudian not being able, by any one of that . . . I think there were 47 or 52 appl icants. By any one of those applicants not being able to get that job, if they found themselves not being able to have any job, then that becomes a heavier burden on the public purse, collectively. And what happens,
Bermuda House of Assembly significantly, is that when people do bring employees in from abroad, invariably there are perks that come with those positions that are not available to some Bermudians. Now I know that in the hot els they certainly have dormitories, some of which are required to be made available to locals as well as foreigners. But we also have to look at what family situations are like in our context. We cannot say that we are going to have a family person living in a dormitory setting at the h otel, and neglecting their family in the process. That is counterintuitive to what would create a good comm unity and good upbringing for our children. So I think that when we start to look at what is necessary and the component parts that go into the tentacles of the beast that is called a living wage, we have to be fully cognisant of all of those things that are required so that people can live with dignity and be able to afford those things that create a healthy and stable family life as well. Now, I was mindful of what we said was the necessity to ensure that people feel valued in the job that they do. Also that employer’s value the emplo yees. So it is a question of, Do I feel value for what I am doing? And do you value me for my contribution? And both of those value systems and both of those value propositions are predicated on what is deemed to be fair from either side. The employer might think that he is being fair in giving you $10.00 an hour, the employee feels, I’ll t olerate the $10.00 an hour because I can’t do better. And neither one is ideal in terms of ensuring that there is dignity in the work that is being performed. So let me just say that, as the chairman has indicated, there needs to be significant consultatio n. More consultation is required such that we do not have a challenge in creating a requirement that is u nattainable. I think it is important also that . . . there was one thing that I noted on the report, and I think it is important to mention just for co mparative sake. There was a comment in terms of the UK. I think it was on page 16 of the report, in which it was indicated that there was a comparison with the UK . . . on page 17 of the report. It was in the section, in the middle of the page which spoke to Mr. Stubbs utilising the UK’s NLW target of 60 per cent of the median wage and provid ing additional data that approximated equivalence with the UK's NLW in the Bermuda con-text. It said, “ For example, the UK's NLW wage in 2017 was UK£7.50 per hour which, in terms of an equivalence- based calculation, amount to BD$17.94 per hour in 2018. ” Now, I am not sure what gets you from UK£7.50 to BD$17.94, from one year to the next. I do not believe that that is an inflation index amount. But what I can say is that that amount of UK£7.50 equates somewhere to the exchange rate to bring UK pounds into . . . Bermuda dollars of BD$2.40. The rate of BD$2.40 between the UK pound and the Bermuda dollar is something that has not been attained in an awful, awful, awful long time. I think when we changed our currency from sterling, the pounds, shillings, and pence that we had to Bermuda dollars on February 6, 1970, the exchange rate was somewhere around BD$2.40. Over time it actually may have gone up to BD$2.60, or therea bouts. And then over the last 10 or 12 or maybe even more years, it has actually dipped quite significantly. But at the moment that exchange rate is somewhere around BD$1.29. So that UK£7.50 will actually translate to just under BD$10.00, and not the BD$1 7.94 that is ind icated in the report, unless there is some other extenuating circumstance which has caused there to be a . . . not just an exchange challenge, but some other type of indexing that may have come in, some other type of inflationary component that may have come into that number. But, certainly, the BD$17.94, as against UK£7.50 , does not seem anywhere close to being accurate on the local scene. The report has indicated that the significance of bolstering the needs for our community when it comes to earnings low and ABUs [ Able Bodied U nemployed ], because our ABUs and our earnings low, as we saw in the report, went from . . . this report said in 2011/12, from a combined total of just over $5.25 million, to 2014/15, three years later, to $14.8 milli on. And then it shrunk a little to $13.6 million, and then in 2016/17 it shrunk again down to just over $11.5 mi llion. But that says that if we do not have that system that is helping to sustain and helping to shore up some of our families we have serious challenges in our community. And when we have these types of challenges, the knock -on effect becomes antisocial behaviour. When somebody feels as though they do not have the basics, you have this, Who cares? What -do-I-have- tolose attitude. And we do not want to see our people in a situation in which there is despair, in terms of every day they wake up, How can I make ends meet? The Honourable Member indicated that when he first came back from university and went to work, he found that there was much too much month left at the end of the money. And I certainly understand those frustrations. There are some people who face that every day. And while he was able to go into his CEO and demand, or at least request, that he be co nsidered for a significant salary increase, that is not a situation that obtains on a regular and normal basis. So some people will not be able to have sal ary increases. And it is fine for us to be able to say, Let us try to enhance our educational capacities to enable us to earn more money. And that is the ultimate that we want to get to. We want to make sure that our people are at the top of their game at all times. But to say, Let’s improve our educational standards today, when in fact today is when we have the shortage and cannot meet our grocery bill or pay our light bill or our 3126 10 August 2018 Official Hansard Report
Bermuda House of Assembly phone bill . . . we do not want to hear about the education component. We know that this is a necessary and integral part of enhancing and making ourselves better, but we do not want to hear that at the time w hen we know that tomorrow our lights are not going to be one. So I think it is critical that whatever we do that we recognise and we continue to push this with the urgency that it deserves. I have to applaud the chai rman of the committee and his tenacity i n respect of ensuring that he has put together members of the community, members of the Joint Select [Committee], he has spoken to all of the consultants that he has . . . the experts that he has brought in to have a look and to give various inputs and the various sources that he has shown in the report. Obviously, we would not have been able to have a report that has gone this far without the input of all of those individuals who are mentioned. There are far too many and far too numerous to mention indivi dually. But I certainly would like to say that from this perspective, from my perspective, and certainly from our team and party perspective, we e ncourage the next step so that we can continue to have a salary that is sustainable, that does not start off on the negative side of what we are talking to be a basic requirement for a minimum salary. And to make sure that we as a people, collectively, and those who have can assist those who have not, or those who have less. Because we constantly hear the Honourable Member from constituency 2 (I believe it is) speak about the shrinking and now almost non- existent mi ddle class. There was a time when you were either doing well, doing not quite so well, or you were doing poorly. And when you were doing poorly, you had systems that helped to bolster you. Now that middle class is shrinking almost to oblivion. And as a result of that, we now have to make sure that whatever policies we introduce, whatever minimums we put in place take into account the fact that we as a com munity have to be our brother’s keeper in this entire scenario. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Swan, from the East End there. Honourab le Member Swan, you have the floor.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, on this occasion I want to first start off by congratulating the Honourable Member from constituency 21, Mr. Rolfe Patton Commissiong, for championing this Joint Select Committee. I could not help but note that it has taken a couple of years and different political …
Thank you, Mr. Speaker. Mr. Speaker, on this occasion I want to first start off by congratulating the Honourable Member from constituency 21, Mr. Rolfe Patton Commissiong, for championing this Joint Select Committee. I could not help but note that it has taken a couple of years and different political parties in Government to come to this point. I want to say that in looking through this report I am somewhat duty bound to go back som e-what and i n congratulating Mr. Commissiong thank him for doing his part to reinforce PLP roots. And I say that most respectfully, Mr. Speaker, because in 1998 when I entered the Legislature, there was only one political Opposition party that I could study, and that was the Progressive Labour Party. I spent many days in the library —whose doors are now closed [and] that I hope will one day reopen for the younger Members coming —familiarising myself with Throne Speech Replies and Budget Replies that were penned and cont ributed to by persons like the late L. Frederick Wade, the late Dame Lois Browne- Evans, the late C. Eugene Cox, and the contributions that were made by those who behind the scenes made it possible for those Throne Speech and Budget Replies to be introduced in this House. Personally, Mr. Speaker, I have made a conscious effort to acquaint myself with their style, and appreciate the common touch that they presented, which was grounded in their constituencies. The work of Mr. Commissiong and his team in this committee has certainly caused me to reflect, even just being here this evening, looking back in the Google searches, as I often do in this House, to be able to recount some of those particular speeches and some of those serious matters which were addressed by persons like the late Austin Thomas, Stanley Morton, David Allen, and others, who understood the common touch of what was taking place in Bermuda even before it reached epidemic magnitudes. I am reminded of the writings of Mr. Phil Perinchief, as I entered the Legislature in the early 2000s, or 1998, and his writings in the Royal Gazette about the datum poverty line that the Honourable Member Mr. Commissiong made reference to as he gave his presentation. Mr. Perinchief has been consistent through the years on putting forward the concerns of the working poor in Bermuda. I want to tell you, Mr. Speaker, that I made it a point myself on many instances when I sat in another place to speak to the plight of the poor and near poor, which was illuminated by t he 2000 Census during a period of the boom period in this country when the economy did the best that it has ever done, which was under a Progressive Labour Party Government up until 2008, when the recession hit. The gap was wi dened. That is a known fact. I cannot go any further without giving credit to former Senator, my friend, Ca lvin Smith, who, whilst I sat opposite of him, taught me a great deal. I segue to say that, you know, through my training and my trade, I learned that if you are willing and receptive and knowledgeable, you can learn far more from those who are opposite you. I learned a great deal from this former statistician that understood the numbers far better than I, and still does. Thank God he is still with us today, as we dealt with issue s that were unfolding at that particular time.
Bermuda House of Assembly Mr. Speaker, I am reminded of my maiden speech in this Honourable House that addressed this very matter of the poor. The report at the time, Mr. Matthew Taylor referred to it as returning to a familiar theme, when he recorded that speech. As I mentioned earlier, I certainly give thanks to Mr. Phil Perinchief for his papers that appear to continue to make that poss ible. And as I look back I remember the political emergence in the House of Mr. Commissiong hims elf, when he continued to read and articulate this partic ular point of the impact. Dare I say that this Parliamen-tary Joint Select Committee Report is a step in the right direction? I heard an Honourable Member who sat on the Commission liken it to Goldilo cks and the Three Bears —not too hot and not too cold, and just right. You know, I appreciate his analogies. He loves to give those analogies, as I appreciate his father before him who sat in this Honourable House. But dare I say the chairman, I know, would be one who would err on the side of not too hot. And you cannot get to “just right” unless you dare look at what is not too hot. As we look at the mind- set in our community that has allowed this epidemic to live and grow and thrive, not -too-cold holds al l the trump cards in our country, and still does today, notwithstanding this r eport, and will do so tomorrow and, unfortunately, many days to come unless in their midst not -too-hot lives and dwells and has greater influence. Mr. Speaker, I have heard man y good contr ibutions on this subject tonight. And I want to say that during the period when the gap between the poor and the near poor was widening from those who enjoy the fruits of Bermuda, what was really taking place, as the Honourable Member from cons tituency 7, I believe, down there in Hamilton [South] . . . a reference was that he could not make it. And, you know, many of us grew up on those old adages, It’s not what you make, it’s what you save. But persons who were coming from other jurisdictions w ere finding out that what they were making just was not good enough. Mainly b ecause persons sitting next to them were getting other things, such as subsidies and the like, that made it more palatable to survive in this jurisdiction. In the report, as it goes around to recommendations, I was interested when it touched on enforc ement and compliance. These were just things that were, I believe, hopeful that would happen (page 21) in times to come—gratuities, tips, and overtime pa yment. I felt duty bound to speak ever so briefly to that. I declare my interest as one who put myself through college, and got the impetus to go through college while working in the hospitality industry. I remember when tips and gratuities . . . what was that song? Was it Sparrow? All mine . . . It was all mine. If I could smile up and talk up, you know, it was all mine. I remember in 1976 working at the hotel at Belmont when the workers were petitioning to have mandatory 15 per cent. And we had our own little stamps, when we were running rogue, if you had enough nerve to stamp on there “Gratuities not i ncluded” and to recommend 15 per cent. There was an election around 1976. I was not old enough to vote in those days. I was 21.
[Laughter]
Mr. Hubert (Kim) E. SwanI remember that; working at Belmont. A shout -out to all my Belmont family. Gr atuities were ours. I am made to believe today that gratuities from an employer’s point of view is something that I could smile up and earn, and it is divided up— An Hon. Memb er: …
Mr. Hubert (Kim) E. Swan—amongst the system. And it becomes part of the employer’s dispense. That is major problem in this country. That is a major problem in this country. I know through my experience that Bermudians, because we gr ew up on, It’s not what you make, it’s what you [save], and like …
—amongst the system. And it becomes part of the employer’s dispense. That is major problem in this country. That is a major problem in this country. I know through my experience that Bermudians, because we gr ew up on, It’s not what you make, it’s what you [save], and like me today, work three and four jobs. I talk about 1976/77, fondly down at Belmont. I worked with guys who worked at TELCO and BELCO until five, and made five at Belmont. Of course, if they had a good porter like me, they were covered. Get them set up and ready. And what was the trade off? They gave me an education in life. That is missing in the equation today because persons have found a way to make more money from that smile and that affable personality that can yield gratuities from the person. That is worth looking at in a society that has found a way to not have sufficient enough of Berm udians at that level. We cannot look at these problems in isolation of the whole picture, Mr. Speaker. Mr. Speaker, whilst I congratulate Mr. MP Commissiong for returning us back to some funda-mentals, I must say that in addition to reading those Throne Speech reports, in the late 1990s, early 2000s, I used a book written by Randy Pearl Albelda, a feminist. It was called A War on the Poor outlining things like corporate welfare. We saw corporate welfare executed in its best form against the backdrop of a Bermuda that just came through the worst recession since World War II. Far worse than what took place in 1993, 1994, in that period, on that trouble, when the bases left Ber muda. We did not see the type of empathy that allowed this Honourable Member to bring forth this report, pushed, and it was not like it wasn’t talked about, because I have already said it was in my Throne Speech Reply, and many times part of the ethos of my speeches in another place. So it was well within ear shot of persons who had the opportunity to prosecute this. So I must congratulate this Honourable Member for carrying through and going back to the root of 3128 10 August 2018 Official Hansard Report
Bermuda House of Assembly where I actually learned some of that from. I hope that all members i n this country could really appreciate what is necessary in this country for us to really grapple with what is taking place. You know, I remember in 1998 when I was walking around the hills, and there was something that said, Swan, you ever heard one week ’s wage equals one month’s rent? Remember that? Remember that? We were raised on that. You know, while I was looking down at my phone earlier I used my calculator in a conversation with someone today. They said that you could find a two- bedroom place in St . George’s for $1,600. Call me if you’re looking for one. Nice place, very discerning, nice landlord. I am not calling his name in there, but you can call me. Lovely place to raise a family. But if you are looking, it is hard to find a two-bedroom place for two. You would need to have $24,000 annual income, minimum, to do that.
Mr. Hu bert (Kim) E. SwanMinimum. But I just got to put into proper context what we are talking about b ecause in . . . there was a time when we could identify the poor and near poor in our country as being close to 35 per cent. So what happened during that peri …
Minimum. But I just got to put into proper context what we are talking about b ecause in . . . there was a time when we could identify the poor and near poor in our country as being close to 35 per cent. So what happened during that peri od when that number was accelerating and the recession came, which was caused by people in boardrooms? And the workers of this country took a pay freeze. Remember? The Bermuda Industrial Union workers took a pay freeze in 2009, and it went on and on and on.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanYes. And then . . . yes. But you would have thought that the workers of the country caused the recession by the narratives that you would read in the blogs in this country when we were going through that period. I think it is important for us to go …
Yes. And then . . . yes. But you would have thought that the workers of the country caused the recession by the narratives that you would read in the blogs in this country when we were going through that period. I think it is important for us to go down what Dame Lois Browne- Evans used to call “memory lane” and just step through these periods of reality in this country. I heard an Honourable Member say that bus inesses are . . . you know, that people who lost are recuperating. How about the worker who gave bus iness the opportunity to survive and then when bus inesses are getting on their feet, started laying them off? Where was the good faith in recognising that they helped them to survive? Notwithstan ding organis ations like the bank, who the Progressive Labour Party came to rescue in 2008, or 2009 —survived! So, as we look at this particular report that has come before us, and the work that must continue on, Mr. Speaker, we cannot look past the invisibi lity of poverty in the world and how it has played itself out in the bastion of commercialism and materialism Berm uda. And I would encourage anyone, Mr. Speaker (as I turn to my notes, if I can, to just look ever so briefly at my electronic device for it, with your permission) . . .
The SpeakerThe SpeakerAs long as you are using for the purposes of this House.
Mr. Hubert (Kim) E. SwanI am certainly as I do use it for these purposes, Mr. Speaker. I feel it necessary . . . I also feel it necessary to reflect on my eyesight. [Laughter]
Mr. Hubert (Kim) E. SwanBermuda’s secret poverty shame. Homeless single moms say they live in caves and tents. Now, that was in 2011. During that period we started seeing exoduses, and before. Persons leaving this country in great numbers. And so, Mr. Speaker, I feel that we owe it to our people who have …
Bermuda’s secret poverty shame. Homeless single moms say they live in caves and tents. Now, that was in 2011. During that period we started seeing exoduses, and before. Persons leaving this country in great numbers. And so, Mr. Speaker, I feel that we owe it to our people who have found it necessary to find a di fferent place to survive to make it our business to make Bermuda economically welcoming to them. And so whilst we met with a compromise . . . y ou know, we have heard about a good many compromises in hist ory, in Louisiana and places like that. There have been compromises in history. But I am reminded that this report could have been as much as 50 to 60 pages. Let us not fail to look at some of the not as we wrap our minds around the invisible poor. And the invisible poor throughout the world and the invisible poor in Bermuda could be dressed just like any one of us here today. Mr. Speaker, the land- rich, cash -poor seniors are very vulnerable today . The cost of living has outstripped them exponential ly. The ability of an aged person to be looked at for their value because they need to work [is diminished] . I am reminded of a former employee of mine who I used to . . . and God rest his soul. He has passed on. [He was] one of my har dest workers. And he worked for government. When he was in his 70s and the like, you know, he was still out there working security, because that insurance bill was still there to be paid. Because employers are a lways looking out for number one. Yes, you have the examples out there where persons are out there going beyond. Yes, you do. And God bless them. And may we have many more of the them. But really and truly, there are far too many people in this country working four and five jobs without insurance.
An Hon. Member An Hon. MemberYes, sir! [Inaudible interjections] Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: It is happening. And I am not talking about the census, as the Honourable Member is reminding me. I am talking from exper ience because you have t o make the choice between being able to do …
Yes, sir! [Inaudible interjections]
Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: It is happening. And I am not talking about the census, as the Honourable Member is reminding me. I am talking from exper ience because you have t o make the choice between being able to do for your family and you have to do without. So that is the real issue of what the Honour able Member, Mr. Commissiong, has caused us to r eflect on—not just to talk about it, but through the Go vernment that is commi tted to it —to do something about it. Introduce a committee and make sure that the committee can report so that tangible actions can be taken. Because the papers that are being written about the invisible poor in other jurisdictions, if they want . . . and if there is anybody hearing my voice in Canada, the United States, Australia and the like, you want a good case study for your PhD, for your thesis? Come here and write about it! It is all here —the successful living side by side with the impoverished. And you could never tell the difference between the two if you put them in a line up. That is the reality of Bermuda’s invisible poor. Polished, brought up on hard work, built this country, struggling to make ends meet, while persons are looking elsewhere for their financial salvation, which does not include them to the largest of measures, and certainly does not include their grandchildren. That is the hurdle that we must collectively overcome, Mr. Speaker.
Mr. Hubert (Kim) E. Swan—during the period of time when household incomes, when it was reported back prior the recession that Bermuda needed to make close to $70,000 in a household income to be able to make ends meet. That was pre- 2008. Seventy thousand! And it is easy to see that if anyone …
—during the period of time when household incomes, when it was reported back prior the recession that Bermuda needed to make close to $70,000 in a household income to be able to make ends meet. That was pre- 2008. Seventy thousand! And it is easy to see that if anyone earning just about the minimum, taking home $25,000 a year, and their partner, if they have a partner, is doing the same, they are only hovering around $50[,000] or $60[,000] bef ore deductions. Dare I say, the invisible poor? But, yes, as the Honourable Member Mr. Sy lvan Richards illuminated, that model started to work its way right across the gamut in Bermuda. And so you now have persons who have “papers” finding the same diffic ulty as persons who were basically working as tradesmen. Not to denigrate in any way . . . I learnt what I know from tradespersons. And Bermuda had a great number of those great people in all our trades, where we now import persons in great abundance: plum bers, electricians, and the like. So the motion and the work of this Joint S elect Committee is necessary, it is appreciated. The Honourable Member Mr. Commissiong, who I have always said reads a lot, has a very strong heart when it comes to matters as this , and I want to congratulate him—not just single him out; I want to thank the other members who contributed to this report here today.
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, first I think I need to just thank the members of the committee headed by the chai rman, Rolfe Commissiong, Senator Jason Hayward, …
Thank you, Honourable Member. I now recognise the Deputy Speaker. Deputy Speaker, you have the floor.
Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, first I think I need to just thank the members of the committee headed by the chai rman, Rolfe Commissiong, Senator Jason Hayward, the Honourable Member Leah Scott, and the Honourable Member Lawrence Scott, because I think they have done a great job. They have started the conversation and there is much work to do, Mr. Speaker. Mr. Speaker, how did we get ourselves in this situation? Maybe I should not ask how did we get ourselves . . . how did it happen, Mr. Speaker? And what I mean is the disparity that we have today in income, Mr. Speaker. Mr. Speaker, this happened in 1834, offi cially in 1834. Some things were going on before then, during the Emancipation. You know what I wonder about Emancipation? Because there were some free blacks that owned slaves, Mr. Speaker.
The SpeakerThe SpeakerMm-hmm. Hon. Derrick V. Burgess, Sr.: And as you k now, the UK Government budgeted $20 million to pay to the slave owners for the loss of their slaves. And I would venture to say, Mr. Speaker, the black slave owners did not get anything. They only paid the white …
Mm-hmm.
Hon. Derrick V. Burgess, Sr.: And as you k now, the UK Government budgeted $20 million to pay to the slave owners for the loss of their slaves. And I would venture to say, Mr. Speaker, the black slave owners did not get anything. They only paid the white slave owners, Mr. Speaker. But, Mr. Speaker , prior to the Emancipation . . . and I hate that word. And I say I really hate that word, because Emancipation is supposed to be [that] you are set free. We were not set free! Emancipation in Bermuda was just a ceremony. In the real definition of the word, we were never set free. But, Mr. Speaker, just prior to 1834, the soonto-be former slaves, they knew what Massa was charging for their labour. See Massa would have, let’s say, five slaves and he would rent them out to som eone and he would charge this r ate for them. Now, the slaves did not get that money; that money belonged to the master. But the slaves knew that, Mr. Speaker, and they got together and they said, When we become free, this is what we are going to charge for our labour. This is what we wi ll request. This is what we will demand. 3130 10 August 2018 Official Hansard Report
Bermuda House of Assembly But, Mr. Speaker, the Royal Gazette found out about that meeting. There is always somebody in the group that has got to tell Massa what is going on. But you know what the Royal Gazette wrote about that, Mr. Speaker (if I can just read this little line, because I do not want to leave anything out)? The Royal G azette wrote, on July 15, 1834, “These attempts to establish rates of wages is a folly of the idle and wicked.” And they reminded the slaves that they should bear in mind that the same source which granted freedom has also provided the means of enforcing obedience through legal authority, Mr. Speaker. Mr. Speaker, it was a concerted effort to beat down the demands of former slaves, to receive less pay, because t hey were not going to pay slaves the same as whites. There was a concerted effort by the church, the Anglican Church, and the Governors that came here, and the Government, Mr. Speaker. The church . . . there was one rector, they called him, and he said—
An Hon. Member An Hon. MemberWhat did he say? Hon. Derrick V. Burgess, Sr.: First of all, the Angl ican Church took a stance and they said how they would control the former slaves. They said, Despite Emancipation, the church, the Government, and Government House continue with policies to control and indoctrinate blacks in every …
What did he say? Hon. Derrick V. Burgess, Sr.: First of all, the Angl ican Church took a stance and they said how they would control the former slaves. They said, Despite Emancipation, the church, the Government, and Government House continue with policies to control and indoctrinate blacks in every way. You know, Mr. Speaker, at that time, and up until now, the Anglican Church has never voiced its support for the betterment of wages for black folks. Mr. Speaker, it was in 1834. The church faced a prob-lem in regard to how to maintain control of the former slaves after the Emancipation. And they schemed up ways in which they were going to control the slaves. The Anglican Church participated, and they decided to preach a s tinging message of self -service and obedience to its black congregates. That is what the rector, Reverend R. J. Tucker, from Holy Trinity Church, said in a meeting. They also said that “rel igious instruction of our coloured population is the only effectual method of making this class of people useful and profitable as slaves, and I will do my best to make them contented, honest, obedient, and bring them under the moral obligation of Christianity.” Then you had a fellow, Archdeacon Aubrey Spencer of St. Mary’s Church —
An Hon. Member An Hon. MemberThat’s Warwick. Hon. Derrick V. Burgess, Sr.: Warwick, yes. I’m so rry, cousin. He said, “You blacks,” (he said this in church) “are indebted solely to your former proprietors” (your masters) “and the rest in parliament.” And [he] r eferred to them as “the people responsible for the Emanc ipation …
That’s Warwick. Hon. Derrick V. Burgess, Sr.: Warwick, yes. I’m so rry, cousin. He said, “You blacks,” (he said this in church) “are indebted solely to your former proprietors” (your masters) “and the rest in parliament.” And [he] r eferred to them as “the people responsible for the Emanc ipation Act.” And then you had a fellow at St. John’s Angl ican Church, Reverend Joseph Lightbourne. He told them “Live in all peace and gentleness. And toward those who generously release yo u, not only out of gratitude, but also because you must be aware that without their help, you will not be able to support you rself.” So, Mr. Speaker, they put slaves under a lot of pressure. Because one thing about black folks, they have long been guided by the teachings of the church. So what happened in those years continues to happen today, Mr. Speaker. You had the Governor. In fact, it was in 1837. Governor Chapman complained publicly about the wages that black folks were d emanding. And you had another Governor, Governor Reid in 1839, he wrote to the Secretary of State for the Colonies in the UK, expressing his desire to bring in workers from overseas. So you see, workers have been brought into Bermuda for one reason only, to undercut the rates of black s. Another Governor in 1860, Governor Murray, he complained about the wages former slaves were demanding. We know that in 1920 when Governor Willcocks came here, he looked at the police force. And most of the constables in the police force were black, He said, I’m paraphrasing, Well, this is very uncomfortable, this here. We can’t trust these black folks to keep us safe. And he went about bringing in, and he did bring in, 20 white officers from the UK. Not only did he bring them in, but they increased the pay of these 20 officers and gave them housing up in Pr ospect. So whites have always been ahead of us right from the start. They never paid Bermudians what they should be receiving, Mr. Speaker. Mr. Speaker, in fact, let me go back a little further. At one ti me in the 1700 to 1800s, blacks were the only tradesmen in this country. They built the ships and did everything. And after a while blacks had a stranglehold on the trades, and whites did not like that. So they enacted law that, in order to encourage white s to get into trades, and discourage, dissuade blacks into the trade, they gave white men who entered the trades a bounty. And every black had to pay a tax. That is what they did, Mr. Speaker. And they continue to do this today, Mr. Speaker. Now, Mr. Speaker, let me bring it home a little closer. Mr. Speaker, it was in the mid- 1900s, when the US was given base lands by the United Kingdom Government as a trade with them, with the UK and America. So when they came here to build the bases, the Americans wante d to pay the Bermudians the same as they were paying the workers from the Uni ted States. But the Labour Board at that time were against that and they enacted a law that instructed the Americans to pay the Bermudians less, and they could not pay them more , Mr. Speaker. Doing the same work, but would not pay them. But from that the Bermuda Workers Association, now the Bermuda I nBermuda House of Assembly dustrial Union, was formed. Much has been done to the workers of this country to break their backs. Once in Bermuda, all construction work, 99 per cent of construction work, probably 99.6 [per cent], all the work was carried out by blacks in this country up until the ’80s, because all the Portuguese workers were forbidden to do construction work. So they changed the policy. But they did that in order to take out the black construction firms, with the help of the banks and the white establishment in this country, because it was a time when the construction workers from the Bermuda Industrial Union took strike for 12 weeks in order to get benefits —the normal benefits that today we take for granted, like vacation pay, sick pay, pensions, and the list goes on. That is something that the construction bosses did not want to pay. But they got it and the construction division of the union was one of the strongest and one of the largest. And so the . . . I will wait. Mr. Speaker, I get a little distracted when that happens.
[Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Yes, I really do. I am serious.
The SpeakerThe SpeakerContinue on, Deputy. Hon. Derrick V. Burgess, Sr.: Yes. So, that is when the banks got together and today, Mr. Speaker, there are very few black construction companies. Because you know as a young fellow, you are much older than me— [Laughter] Hon. Derrick V. Burgess, Sr.: —when every little …
Continue on, Deputy. Hon. Derrick V. Burgess, Sr.: Yes. So, that is when the banks got together and today, Mr. Speaker, there are very few black construction companies. Because you know as a young fellow, you are much older than me—
[Laughter]
Hon. Derrick V. Burgess, Sr.: —when every little community in Bermuda had construction firms. Right? And they saw you sitting on the wall and they would say, Lister, get on the truck. John, get on the truck. And you got a job; right? And you became a labourer and then you became a mason. Today we do not have that network for black young boys. And that is why a lot of them for some unknown reason . . . and I am not giving a reason why they should do it, get i nvolved in this antisocial behaviour bec ause there are no jobs for them, particularly those who drop out of school a bit early, Mr. Speaker. That is finished. Because it is very common today to go on construction sites and see all whites. No blacks. No blacks, Mr. Speaker. Do you know what that reminds me of, Mr. Speaker? What t hey did in 1806. In 1806 they enac ted a law that gave that bounty to whites to get into the trades and the levy that blacks had to pay to stay in the trade. It reminds me of the [Bermuda] Technical Institute, Mr. Speaker, because as you know, again, at one time we produced all our own mechanics, m a-sons, motor mechanics, and everything else. It seems like the concerted effort that they took to get rid of the construction trade, they have taken to get rid of the other workers. And there we lost a lot of our t radesmen because those schools were producing all the workers for TELCO and BELCO, Bermuda Motors, automatic mechanics, construction, everything, we had them here, Mr. Speaker. But, Mr. Speaker, this continues today because I know of a worker, you know th at person too, in fact, all of us here know that worker, they retired from a job in Bermuda. They had a good job. This person is well qualified. Come to find out, when they took on this new person, who happened to be a little lighter than me, to replace this Bermudian, found out they paid this person more. But what really saddened this person was that they gave this foreign white worker $8,000 a month to live out, which this black Bermudian worker did not get. Mr. Speaker, I know this is the norm in Bermuda. There is a cap that is put on black workers on what they can earn. Mr. Speaker, you remember the commission of inquiry, that lynch mob, I called it, and I still think that they are. Anthony Evans, who was the chairman; Fiona Luck, was part of it; and J ohn Barritt. You know what they wrote, Mr. Speaker? They said that Vincent Hollinsid and Winters Burgess made too much money.
An Hon. Member An Hon. MemberWhy? Hon. Derrick V. Burgess, Sr.: Why? Because they were black. But here it is, this year, the former Government, the one that was voted out July 18, 2017, they put a fellow up at Dockyard to oversee the work at Dockyard going on for the America’s Cup. And he …
Why? Hon. Derrick V. Burgess, Sr.: Why? Because they were black. But here it is, this year, the former Government, the one that was voted out July 18, 2017, they put a fellow up at Dockyard to oversee the work at Dockyard going on for the America’s Cup. And he made a lot of money. And they gave him an award, the Queen’s Award. He was honoured. But they tried to vili fy . . . they did vilify in writing that Vincent Holli nsid and Winters Burgess made too much money. I have never heard such.
[Inaudible interjection] Hon. Derrick V. Burgess, Sr.: No award for them. They were vilified for making money, and this other white fellow was honoured by the Queen. This is what goes on today, Mr. Speaker. One of my constituents told me that he used to work for this white guy, and he did all his work. He was a carpenter. So he knew what they were char ging. You know, because he and this white guy were tight. So the white guy retired and sold the business to this black guy, and his clients went along with it. But when this black guy who now owns the business did the work and presented the bills to whites, a lot of whites were not paying. They said the bill was too high. But they had no problem paying when the white guy owned the business. 3132 10 August 2018 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, another guy . . . in fact, they only told me last week. I did not initiate this conversation. He said he was working for this local wholesale company. He was the boss; the top salesman. He thought he was making good money until most of his subord inates were white. And he found out that he subordinates were making more money than him. That is what happens in this country, Mr. Speaker. Mr. Speaker, you know what really annoys me is that the . . . I think it was about two weeks ago a local bank reported that they made $50 million in prof-its for a quarter. I think it was the next day that 13 workers were terminated. As much money as they made, $50 million in a quarter —not a year —and 13 workers are out, terminated. Mind you, Mr. Speaker, I don’t think they were all black; they were black and white that were terminated. Mr. Speaker, we have to address the economic disparity in this country because our living wage . . . fine, a minimum wage could be anywhere. A living wage . . . we have to address that. But I think that even before we address that, we got to address t he disparity between whites and blacks in this country. You know, Mr. Speaker, in 1993, and this is the annual household income, in 1993, the annual household income for white males was $97,636. For blacks, it was $56,467, which really means that whites made for that year, $41,169 more than blacks, 72.9 per cent, Mr. Speaker. In 2004, it got a little better in terms of the percentage. Whites made $139,864; blacks, $90,401, a difference of $49,463, a difference of roughly 55 per cent that whites made more t han blacks. That is what we have to address. We can address the minimum wage, we can address the living wage, but we must address the disparity between the income of whites and blacks. That is the problem, because that has been with us many, many years — since the Emancipation. That didn’t just start, Mr. Speaker. That is a serious one. Mr. Speaker, I think you can probably recall Dr. Hodgson always, always talked about economic parity. They did not listen to her. But that is our bi ggest problem in this country , because, Mr. Speaker, if your household income per year was $150,000, and bread went up . . . b read today I guess is about $7.00 a loaf. If it went up tomorrow to $7.50, and you were making [$150,000] it wouldn’t hit you too hard, even if that is an unfair increase (in my opinion). But it would not be so bad. But somebody who is making $500.00 a week, that would certainly put them in some problems. Mr. Speaker, let me say this, if . . . I am sure you are probably aware of the Dorothy Newman r eport t hat came out in 1994. This is a report based on the 1991 figures. It is a very good report. At that time she assessed, she did some categories, the poor and near poor, middle, and well -to-do. In 1991 you were poor if you made less than $24,144 a year. You were near poor if you made $24,144 up to $30,168. Middle class, you made $30,000 to $72,000. Well -to-do was more than $72,000. That is in the Dorothy Newman report. I think that if . . . this is probably the most co mprehensive report that has been done in this country for some time. Even in the present day, because, you know, in 2007 there was a report done by the PLP Gover nment on poverty. Mr. Speaker, I would venture to say that if they took the Dorothy Newman report with the figures that have been compi led by the president of the Bermuda Industrial Union, Chris Furbert, and he compiles his statistical reports based on the reports he gets from the Statistical Department, he analyses them even further. And if they took his report and this here, that is all you really need. Now, I am not knoc king the methodology of what they do in England, France, or anywhere else. But if we are going to do a living wage, you have got to deal with the real numbers in this country, not methodology of what happens there. Because that methodology based on what I have seen, is not going to cut it right here, $12.00 is not going to cut it here, Mr. Speaker.
Mr. Rolfe CommissiongThat is the minimum. Hon. Derrick V. Burgess, Sr.: And Mr. Speaker, let me say that hotel workers in Bermuda, under the Bermuda Industrial Union, do not make $5.00 and $6.00 an hour. They make more than that. The minimum wage . . . the lowest wage (I should say) …
That is the minimum.
Hon. Derrick V. Burgess, Sr.: And Mr. Speaker, let me say that hotel workers in Bermuda, under the Bermuda Industrial Union, do not make $5.00 and $6.00 an hour. They make more than that. The minimum wage . . . the lowest wage (I should say) in the agreement is about $7.50, roughly, an hour, which includes tips. So I would encourage anyone, if you want to improve your living conditions, your benefits, your pay, join a union. You will find throughout the world unionised workers get more money than the non-union people. Mr. Speaker, it was in 2001, it is in the report, I think it was just a mistake because they did not know. Someone has probably told them that. The domestic rate of $10.00 was not set by the Immigration Department. That rate was set by the Immigration Board, headed by the late R. B. Boris .
Mr. Rolfe CommissiongPoint taken. Hon. Derrick V. Burgess, Sr.: Because we sat on that board and we saw many applications come through for domestics paying them $5.00, $7.00 an hour. We said, No, we are not going to approve any more work permits under $10.00 an hour. So we s aid that …
Point taken.
Hon. Derrick V. Burgess, Sr.: Because we sat on that board and we saw many applications come through for domestics paying them $5.00, $7.00 an hour. We said, No, we are not going to approve any more work permits under $10.00 an hour. So we s aid that in 2001. It is still there; it should have been i mproved by now, but it is not. That was set by the board headed by the late R. B. Boris, Mr. Speaker. And, Mr. Speaker, many people think that the gratui ty system was one that the union put in, yo u know . It is not what the union put in. At the negotiat ing table that was something that was introduced by the management in the 1970s. Not by the union. The unBermuda House of Assembly ion went to the table asking for dollars, and this is what came out. Now, let me say, in union ised workplaces no management gets any portion of those grats. There is no administration charge in any of the grats that is governed by the union, the collective bargaining agreement. You will find that in many of these restaurants that are non- unionised, all sorts of people get these grats, even management. And that should not happen. In unionised establishments, we have a gr atuity system in place and so one would know, based on what they served what they are supposed to get, roughly, at the end of the week, based on the numbers they served. The system is there; any worker can get a copy of it. If anyone wants to question what gratuities they get, they can. And they can calculate it or they can bring it to the union and it will be calculated through them based on the figures. So those types of mismanagement of grats do not happen in unionised shops. If it is, it shouldn’t. I am sure it doesn’t because we put systems in for all those things. Mr. Speaker, when we talk about the living wage and the minimum w age, that is fine. But I think we have to tackle some things —housing. Housing is an expensive item, Mr. Speaker. Health care is an expensive item. There are about four items we need to tackle in the basket. You heard about . . . well, you know about the basket, Mr. Speaker. [Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Dr. Ball was very f amous for the “basket.” You know? So housing, health care, food, and education are the four expensive items. And if we tackle them, because when we hear of . . . I heard my cousin Kim down there, at the other end, the Honourable Member. He said about a twobedroom house for $1,800. To me that seems like a lot of money.
An Hon. Member An Hon. MemberThat was in 1970. Hon. Derrick V. Burgess, Sr.: That was in 1970? [Timer beeps] Hon. Derrick V. Burgess, Sr.: Oh, that’s me? [Inaudible interjections] Hon. Derrick V. Burgess, Sr.: I’m not finished. [Laughter]
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Opposition Leader. Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I think we all want to . . . I would like to applaud the members of …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Opposition Leader. Honourable Member, you have the floor.
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I think we all want to . . . I would like to applaud the members of the committee that worked on this report. I think we recognise that esta blishing what people should be able to earn to make sure that they can live in Bermuda is very important. When you start to look at the report itself, and you look at some of the issues, you start to recognise that the one thing that I think is really important is the fact that it keeps reiterating the fact of the requirement to have what I call the consultati on. The fact that it is all very well for us to start come up with some ideas, but until the rubber meets the road from the point of view of getting all the people that will be affected by it to start to say, Well, if you do this and pull this lever, what does it mean? And I say that because I think the bottom line is that everybody wants to do something to make sure that those people who are hurting get some relief. And I say some relief, because it is all very well to talk about people who are working t wo or three jobs, et cetera; but the bottom line is the fact that while this might be helping them financially, it is taking a toll on them with respect to their families, et cetera. So when I start to look at this whole question of the living wage, I star t to think about the whole thing of “living,” (quote/unquote) because you want to make sure that people in Bermuda are living, and not just existing. I think it is important for us to recognise two things. And I want to say two things before I get into my thoughts that I had talked about. I was intrigued when the Deputy Speaker talked about what used to happen in the past. He took us through what I call some history with respect to what had happened with respect to workers and how they had evolved, et ceter a. And it took me back to a time in my life, because I remembered that my father was in construction. He had a construction business. He was one of those persons who, when you came to work for him, you became a labourer, and then you became a m ason. And then after that, if you worked with him, ult imately, not only did you start to move up the ladder, he made sure that at some point in time you started to put money aside and you bought your own home and he stood behind you. Because this was the way you made sure that the black people in Bermuda had the opportunity to grow. I think going forward that is what we have to try and do for everybody. It is important. Every Bermudian, and it does not matter whether you are black or white, has to start saying that we have to try and bring our people forward and get them into jobs where they can grow and develop and be able to support their family. And that tied me in. It made me go into som ething that when I looked at the report and it started to 3134 10 August 2018 Official Hansard Report
Bermuda House of Assembly talk about low techni cal occupations, and started to talk about different jobs where, regardless, those are the levels where there were low technical occupations and also there was the correlation of what happened with respect to minimum living wage benefits and how this creat ed . . . the fact that the quality of life and the opportunities for education, skills and training . . . but what that reminded me of was the fact that in order to really make this work, we need more people in Bermuda. We need more people who are working in Bermuda, because it has the knock -on effect in terms of more people here creates more jobs that Bermudi-ans will be able to have, especially when you start to get into some of these categories which talked about the low technical occupations. That was w hen I realised that leaving aside looking at the living wage, and looking at some of these issues, we also have to recognise that it is i mportant that the Government, and whichever Gover nment is in power, come up with a comprehensive i mmigration policy. So we need to know what compr ehensive immigration is going to look like. And the reason I say that you need to know what comprehensive immigration looks like is the fact that it goes two ways. Comprehensive immigration means that when people are coming into the country, when these new people come into the country, we make sure that the jobs for Bermudians are created, the jobs for Berm udians are protected, that there is training for Bermudi-ans. So comprehensive immigration has the knock -on effect of making s ure that the cost of living does not go up, because we now have more people on the I sland to be able to share some of the costs, and, ult imately, you want the cost of living to go down. I recognise that when you start to talk about what is going to happen with just giving people an i ncrease in their salaries, unless you do something to make their cost of living go down, then all you are going to do is make it more expensive for them. So when the Deputy Speaker was talking about that, I suddenly realised that you want to make sure that they can do more with the money that they have. And that might mean that we have to make sure that some of those costs that they have to pay out, like the cost of health care, the cost of education, the cost of food, we need to drive some of those costs down so that if they can pay out less for those items they effectively have more to live on. So there is some relationship and correl ation between some of these things that occur. That is why I wanted to make sure that when we st arted to look at that we recognised that it is not just about what they get, it is very important that we have some impact on what they have to spend it on. Because if not, you have what I call, unfortunately, the spiral that says i t goes up and then you d on’t want to have the unintended consequences of people saying, Well, my expenses are going to cause me to not be able to pay all of my workers, and therefore I have few workers. Because we do not want that. We want to make sure that all Bermudians have the ability to be able have a job, and we want to make sure that they have the ability to have a wage which will allow them live and have their families and make sure that you do not have the knock -on effect. Now, Mr. Speaker, when I started to look at some of the other things that were in this report, it made me realise some of the other issues that we have to recognise. By looking at the cost of living, and by looking at what we were going to suggest in terms of a living wage, I was struck by one thing. And maybe I will ask the committee members, and the committee chair will be able to come back and tell me afterward, but there was an indication here that when they were doing their calculations that all the wage rates were calculated based on a 40- hour week . And I wondered if the members or the chairman could basically indicate to me how many people, at this time, percentagewise, of the workforce actually work a 40- hour week? The reason I say that is that when I used to be in another place I knew that at one stage you had the, what I call, monthly paid workers and you had the weekly paid workers, and that most of the weekly paid worked 40 hours, and the monthly worked 35 [hours]. But then over time, the 40 hours then started to go to 37.5 hours, and I think a lot of the categories actually went down to 35. So I was just curious as to percent-age-wise, how many people are actually in that cat egory? The bottom line is, if you are starting to sort of base it upon the 40- hour week, and if a smaller number are ac tually doing that . . . now, it might be that the people you are looking at in terms of the ones that are making that lower dollar value, maybe they are all of those industries that are working 40 hours a week. But I will be intrigued to know that, because in any of the calculations that we are doing, the assumption is that, based on the suggestion, whether it be the $12.25, or whatever else, the assumption is, how much are they going to take home? Because how much they take home is how much they have avail able to be able to pay all of the . . . whether it be the grocery bill or the rent, et cetera. So I just wondered how many. And the reason I was intrigued is because I know I have heard a couple of Members ask the question about how many people percentage- wise do we think are in the workforce that are earning this $7.00 or $8.00 an hour. You need to know that, because when you start to look at who you are trying to help, then you know the size of the problem. And if you know that, then you start to know wh ether the solution is a solution for everybody, or you have to have a s olution that gets to the people who are hurting and in the problem up to at least a certain level. If everybody is at a certain level, then you can start to say, okay, now everybody is at this level. Is that okay? Or do we have to say everybody else now has to move to a nother level?
Bermuda House of Assembly And I am assuming that when you have this conversation in these committees and have this consultation, and while you are sighting for year one and then year two and year three, those are going to be some of the considerations that you are going to have in terms of when you try to make this recommendation, this shift, who you have to get and where they have to be at a certain plateau. And I think you understand what I am saying. So, from that perspective I started to sort of look at it, and I said, Okay, it is very important. And I tried to go through . . . and I appreciate all the work and time and effort that has been put into this. The reason I say that you had to have the comprehensive workforce policy is because it is not only, as I say, that you need to have more workers coming to Bermuda to be able to grow the economy and make sure that you have the benefits that will be for those people who have those sk ills, but the bottom line is that . . . I take the position that if you have people and you make the statement, the widespread use of foreign force, lowcost labour . . . I look at that and I say if you have your comprehensive workforce policy then that workforce policy has to address . . . if people are coming in on contracts or on work permits, the policy has to say, What are you doing to either reduce the people who are in those categories, what are you doing to make it more attractive to Bermudians, or what are we doing to sort of say that they are needed? Because the comprehensive workforce policy has to address the training, who is available in terms of Bermudians, what are we doing with respect to sa ying that these are jobs that either there are some skills or there is just no appetite. So you cannot just turn around and say they are here and they are doing a job, if there is not a way to make sure that there is some way to get Bermudians into these positions. So, from that perspective I just believe that, as I say, it has to be the policy. It cannot be just the fact that some people are getting away with it, because you cannot have that go on and on and on and make that a factor that is going to cause us to have to do something in terms of a living wage assumption or living wage cat-egory. With respect to some of the other things that were in the report, I know that . . . and this ties into what I just said a minute ago. This was talking about the regime, that it was indicated to largely eliminate or significantly reduce incentives that disadvantaged low to medium skilled Bermudians. Of course, if we can do that, then that is the same thing that turns around and gets them more into the jobs that one would like, making them earn more. So that is important . I will be looking forward to see when the regime is set up to how these things are addressed. The other thing, as I said earlier, is the fact that there will be this consultation. That is so i mportant, because, leaving aside the fact that the ILO says th at, I think everybody understands that when you put something like this, which is what I call a shift, a policy that one believes is going to be historical from the perspective of what it is going to do for Bermuda, how we are going to get ourselves to another level, you would like to think that we do it, we have a chance to do it and do it right. And if that is the case ever ybody will be happy and Bermudians will start to have the benefits of not only being able to have better lives, but also all the other knock -ons that we know affect people who are working three jobs and are stressed out and are not able to do all those things. All of those things will benefit us as well.
An Hon. Member An Hon. MemberHear, hear! Hon. Jeanne J. Atherden: So, I am hopeful that these are the reasons that we are doing these things and these are some of the benefits that will take place. I asked the question about the wages being calculated on the 40- hour week. And we talked about …
Hear, hear!
Hon. Jeanne J. Atherden: So, I am hopeful that these are the reasons that we are doing these things and these are some of the benefits that will take place. I asked the question about the wages being calculated on the 40- hour week. And we talked about the fact of how the living wage was calculated in terms of a worker to afford a decent living and then providing for food, housing, clothing and the basic measure of needs. And that is why I made the point that especia lly if this living wage is going to be impacted by things that we know are causing us issues, like the cost of health care, the cost of food, the cost of taxes . . . and the mere fact that I have to talk about taxes and other things . . . we have to recognise that the cost of government then becomes one of those factors as well. Because if the cost of government shrinks, then the amount of taxes that government has to collect goes down and that means that in the worker’s pockets that also is equivalent of like getting a raise. So that is why people need to understand why you sometimes talk about the cost of government and making sure that it is smaller because we pay the taxes to feed the government beast. Therefore, it is i mportant for us to try and do something to have to feed it less. Therefore, that is why if we do that, then the money that you need in terms of your living wage goes down. I just wanted to make sure that I stressed that, because I am not sure we always make people understand how what they pay in taxes ties into their cost of living. Mr. Speaker, I was intrigued, because when I looked at the categories, in terms of the indication that there were 3,050 households whose income was below the threshold level of the $36,605, and then when it started to talk about the fact that some 21 per cent of these households fell below that, and in terms of these who were single parents with one child, I started to look, and I thought, okay, some of these things , when you start to come up with a living wage, hopefully will come out of that . And I am sure that the commi ttee was thinking about this . And if they weren’t, we will think about this going forward. And that is the fact that when you start to come up with what you believe the 3136 10 August 2018 Official Hansard Report
Bermuda House of Assembly living wage is, then you are saying that as a minimum, households will earn that type of money. That might also decide that Government might say that as a minimum, maybe if you were ever to i ntroduce something like tax levels, and people having tax benefits, or saying that [they] would be exempt from tax, et cetera, that might give us some more i nformation in terms of what would be the level that one would say that you have what I call the issue of the working poor, and therefore saying [that] they might have some exemption from some of the taxes that we talk about. Because as I say, whatever you pay in taxes comes out of your living wage, and has a knock - on effect. So, it is going to be interesting to see. And all of us will be excited by how this goes forward. It will be interesting to see the regime and what they come up with. And that is where the collaboration will be, because whatever they say will be an opportunity for people to question and push back. Not pushing back from the point of view of dragging your heels, but tr ying to make sure, as I say, that it is done the right way, because it is going to be very impor tant that when it is implemented that it takes all of these things into consideration. Now, I am not going to get into this indication about the relative low income threshold, because I did see something that was put out earlier and I know that . . . I th ink the Labour Department was actually, you know, looking at some of those things. So it is going to be a combination (I would think) of Workforce Development and Labour continuing to do their stuff, this low living wage commission doing their stuff, and making sure that the two of them keep working t ogether. Because as I say, whether you like it or not, it tends to be related to what I call your workforce policy. Mr. Speaker, I talked about the technical occupations and the minimum living benefits. I am not going to get into all the people that they consulted with because that is good. It is going to be, obviously, i mportant to consult with some more as we start to take it to the next level. I already talked about the $12.25 per hour, so I will be looking to see how that is going to translate into something that is going to be suggested for year one and year two. I think, Mr. Speaker, from my perspective it just comes back down to . . . the thing is, as I said b efore, that whether we like it or not, we need more people in Bermuda and we need to know what comprehensive immigration is going to look like and we need to understand that some of the immigration pol icies that we come up with help us or hinder us. I do not think that anybody ever thought that when we put the 2008 term limit policy in, with all of those people who left . . . I do not think that they understood or recognised the impact that it was going to have. Not only in terms of, you know, the people who left and the people who worked with them ; they did not understand the impact that it was going to have on health care in terms of all those healthy individuals who were there paying into the system. Now we have to understand that whatever we do, the bottom line is the fact that we need more people in this Island and we need to make sure that the people who come create jobs for Bermudians, and that we have a system that makes sure that the wor kforce plan allows Bermudians to aspire to those jobs up to whatever level is appropriate. It is going t o be quite interesting when we start having FinTech and some of the others to see how some of these jobs are going to be created and it would be nice to think that some of the new industries that come into place will also create some jobs and create the av erage income for the people who are on this Island. So, Mr. Speaker, I just wanted to say once again to the committee that worked on this that we appreciate the work they have done and we look forward to their next time when it goes to the next level. And I am sure that all of us will be able to be making suggestions and looking forward to seeing how whatever commission is going to carry it forward. As I say, I have tried to raise a couple of ques tions that I would like to think that the committee will lo ok at because the bottom line is we want people to be able to live properly in Bermuda. But we also have to make sure that we do not have any unintend-ed consequences whereby just raising it up, without understanding the knock -on effect, that we create a downside where less people are employed. So it is very important that we do the right thing with respect to determining which categories, who is in the basket that we have to try and address, and make sure that we deal with them in an appropriate manner. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member from constituency 11, Honourable Member Famous.
The SpeakerThe SpeakerI will be pleased with that. [Laughter]
Mr. Christopher FamousFirstly, let me thank Mr. Rolfe Commissiong for his seeming undying energy and passion for this issue. Anyone who has an email knows how much this issue has meant to him, but more importantly, how much it has meant to the people of Bermuda. An Hon. Membe r: Exactly. Bermuda …
Firstly, let me thank Mr. Rolfe Commissiong for his seeming undying energy and passion for this issue. Anyone who has an email knows how much this issue has meant to him, but more importantly, how much it has meant to the people of Bermuda.
An Hon. Membe r: Exactly.
Bermuda House of Assembly Mr. Christopher Famous: Mr. Speaker, just quickly, as a comparison, I did some research on minimum wages throughout the region and the world. In Jamaica, the minimum wage has now been raised to US$60.00, per week. In the Cayman Islands, two y ears ago the minimum reached $300.00 a week. In the US, depending in which state you are in, the average is $300.00 a week. In Canada, it averages US$400.00; in the UK, US$400.00 a week. Here in Bermuda, it is around $300.00 minimum per week. Now, Bermuda, in comparison to these other places, is much more expensive. So someone making $300.00 a week in the Cayman Islands can do better off than somebody making $300.00 a week here in Bermuda. During canvassing, I met one of the constit uents. She brought out her pay stub. She works at a hotel. She brought out her pay stub and showed me what she gets paid every week. It was in the $300.00 a week range. She works 40 hours a week. She said, Mr. Famous, how can I pay my rent, buy food, et cetera, on this type of m oney? This was when I was not an MP. I said to her, Ma’am, one of the things that we are going to be working on is a living wage. I know that tomorrow I can go to her house and I can say that we spent hours debating —not what the living wage was going to be, but the need for living wage —and that as of next year, there will be a living wage for her. Because you see, Mr. Speaker, one of the things as politicians is that we make promises and sometimes we break promises. And this is a promise that this party . . . well, both parties (let me put it that way) —
Mr. Christopher FamousBoth parties, in a bipart isan way, have promised the people of Bermuda that there will be a minimum wage. Now, there are other mitigating factors, as the Honourable Opposition Leader spoke about: the comprehensive immigration reform, tax reform, universal health care. All of these factor into, can someone survive? …
Both parties, in a bipart isan way, have promised the people of Bermuda that there will be a minimum wage. Now, there are other mitigating factors, as the Honourable Opposition Leader spoke about: the comprehensive immigration reform, tax reform, universal health care. All of these factor into, can someone survive? Last year I went to England. I do not really like it over there. [Laughter]
An Hon. Member An Hon. MemberIn more ways than one.
Mr. Christopher FamousBut for some reason, thousands of our people are now in England— not b ecause they like it over there, but because they can no longer live here. And as a Government we have a moral responsibility to put things in place, albeit slowly but surely, that our people can …
But for some reason, thousands of our people are now in England— not b ecause they like it over there, but because they can no longer live here. And as a Government we have a moral responsibility to put things in place, albeit slowly but surely, that our people can see, Well, maybe I c an move back home. Maybe I can get a job now. Maybe I can afford to buy some bread in Bermuda. Maybe. Mr. Speaker, I am going to close up here. Again, I am going to thank Mr. Rolfe Commissiong and every person that served on that committee with him. I am a lso going to thank the tax reform commi ttee, because they have been tasked with changing the way things are in this country. I am going to close by saying to everyone out there that is struggling, is wondering, What am I going to do? Please know that both parties in this country are working towards bringing you a living wage. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member . . . ? I recognise the Honourable Member from constituency 29. Honourable Member De Silva, I trust you are going to take the lead of the last speaker — Hon. Zane J. S. De Silva: Well, you know, I am …
The SpeakerThe Speaker—and be nice and brief. Hon. Zane J. S. De Silva: One thing I am not going to do, Mr. S peaker.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: I am going to try my very best not to repeat anything that has been said already tonight.
The SpeakerThe SpeakerAll right. Hon. Zane J. S. De Silva: It is going to be difficult because we have a report that we have all read. But I will try to take a little different tack from time to time.
The SpeakerThe SpeakerUh-huh. Hon. Zane J. S. De Silva: I will have to refer to the report, but like others I would als o like to thank MP Commissiong for bringing this report. Anyone who knows Rolfe, knows that this has been a passion of his for some time. So I am …
Uh-huh.
Hon. Zane J. S. De Silva: I will have to refer to the report, but like others I would als o like to thank MP Commissiong for bringing this report. Anyone who knows Rolfe, knows that this has been a passion of his for some time. So I am sure he feels great relief. And I am sure that his old friend, the late great Freddie Wade, would be happy to know that Rolfe brought this here. And, in fact, on Monday it will be 22 years since his passing.
An Hon. Member An Hon. MemberNo! Hon. Zane J. S. De Silva: Believe it or not. Yes. So, you know, I am sure that he would have been very happy to see that this report has finally made its way to this House. Now, Mr. Speaker, one has to ask the question, What is income …
No!
Hon. Zane J. S. De Silva: Believe it or not. Yes. So, you know, I am sure that he would have been very happy to see that this report has finally made its way to this House. Now, Mr. Speaker, one has to ask the question, What is income inequality? What is it? Simply 3138 10 August 2018 Official Hansard Report
Bermuda House of Assembly put, Mr. Speaker, income inequality refers to the maldistribution of income. Straight up. Simple. And extreme levels of income inequality, of which we have many, diminishes our social cohesion and our social atmosphere that we live in, Mr. Speaker. Let me say this: This report is great. It is fantastic. I think it is the thin edge of the wedge. It should be the thin edge of the wedge. Why do I say that? B ecause if we want to achieve equality, Mr. Speaker, we should say, Okay. Tick this box. But we have other boxes to tick. Next should be education. Next should be opportunity. Very important. It is all right to say, Okay, look. We are going to make the minimum wage $12.00, $18.00, $20.00, whatever you want . But that should not be goal. That is a great start, but it should not be goal, because if we want to try to tackle inequality in this country, we have to look at providing education and opportunities for our people. Mr. Speaker, I will give you a quick example. You will know, Mr. Speaker, that my history in my business is that I have given many people opportun ities to work when they did not have work at all. I have had colleagues in this House, outside of the House, friends, and family say, Listen, I’ve got a relative, a friend, someone who has just been on hard times and they need some work. Mr. Speaker, I have taken on people just to find something for them to do. I told my brother, Look, I have got so- and-so starting tomorrow. Find something for him to do. He says, You serious? I say, Yes. Find something for him to do. And we might start him off at $18.00 an hour. We do not usually start less than $18.00 an hour. So in c omes the new employee. And one of the things I like to tell all new employees is, Listen, you are here. You are going to sweep the floor. You are going to clean trucks. You are going to do whatever we can find in the course of a day . . . we are going to do whatever we can to find you some work. But let me tell you, we have crane operators, backhoe operators, tractor trailer drivers, asbestos abatement workmen. Mr. Speaker, you ask anybody who works for my company . . . and I declare my i nterest, it is Is land Construction, for those who may not know. I talk to every one of my new employees and say, Listen. You are starting at the bottom. You want to get to the top? It is up to you. You have to show the initiative. You have to show the drive. You have to show the passion, and you are going to have to ded icate some time of your own to learn. You want to learn how to drive a truck? Well, you are going to have to go out there on your time and spend some time to drive a truck. If you are aggressive and you want it, you have the passion . . . I have seen guys come along, Mr. Speaker, and say, Look. Just give me a job sweeping floors, whatever. And now they are some of the best backhoe operators, truck drivers, crane operators you ever want to meet because they had the drive and the passion. So this is fine. But we must also encourage employers to not just say, Okay. We’re going to give you $12.00, $18.00 an hour. We’ll give you minimum wage. And I will get into that aspect in just a moment. Now, Mr. Speaker, I do not know if you r emember that Rolfe Commissiong gave a Statement, my guess, about two months ago when he laid down this motion. He said a few things in here that were very important. He said that a living wage will not be the a nswer. The living wage “will not answer every need , but it will begin the process of answering the . . . question of what kind of country we want to be. ” [Official Hansard Report , 29 September 2017, page 248] He also went on to say that there are many households in Bermuda that are becoming multigenerational poverty stricken, and we know what that means in that we have our people who have been oppressed, not paid decent wages, and what has happened? It is passed on through the generations, because we have not had opportunities, we hav e not had the education that one needs. Now, Mr. Speaker —
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: —we have some emplo yees in this country who are making $6.00 and $6.50 an hour. And I know that for a fact. I have a relative of mine who worked for a local establishment — [Inaudible interjection] Hon. Zane J. S. De …
Yes. Hon. Zane J. S. De Silva: —we have some emplo yees in this country who are making $6.00 and $6.50 an hour. And I know that for a fact. I have a relative of mine who worked for a local establishment —
[Inaudible interjection]
Hon. Zane J. S. De Silva: Not Island Construction, I can assure you that. He is making $6.50 an hour. Now, I think it was Kim Swan, the Honourable Member, who spoke about gratuities a little while ago. And we all know that most restaurants now are 17 per cent. I think the next thing we have to do is talk to some of those establishments, because I know that the 17 per cent is taken, [but] 3 per cent comes off the top and goes to the business, another 3 per c ent goes to the chef, another 3 per cent to the bartender, another 3 per cent to the maître d, and then what is left over gets split. I think that needs to be looked at because some of our peo-ple are working many hours per week, and by the time they get these deductions and they add up their $6.50, less the stoppages, they are taking home very little. Now, Mr. Speaker, I think it would be remiss if I did not tell a little story or two about some of the things that I think we have to assist our people with. I think Honourable Member Wayne Caines participated in a programme up at the Bermuda College. I think your name was called by one Dr. Melvin Dickinson, when you went up and talked to, I think, students and people who were out of work. And I do not know what Minister Caines did, but I know I used to go up prob ably once every six weeks and talk to a group in the
Bermuda House of Assembly classroom. No papers; no documents. All I did was talk about my life, because they wanted to know, Well, how did you get where you are? Business, politics, how does it work? I tell them, Well, first of all, I got kicked out of school when I was 16. I went to work. And someone was saying earlier (it might have been the Honourable Member Kim Swan again) that . . . Oh, no; I will tell you who it was. It was Sylvan Richards, the Honour able Member. He said when he came back he got a job. And he found when he got his first pay cheque that he struggled to pay rent. Well, I did the same thing. When I went to work I said, Well, I am a big man now. I am going t o get my own apartment. So I did. Well, I was working for a London Shop at the time selling clothes. [Inaudible interjections]
Hon. Zane J. S. De Silva: London Shop in the Washington Mall. Making $55.00 a week. But check this out, Mr. Speaker, I went to pay my rent, it was $250.00
[Laughter]
Hon. Zane J. S. De Silva: Now, of course, doing a little simple arithmetic, I did not have enough, did I? So now what did I have to do? I said, Man, wow! I didn’t even think about that. Groceries, electricity, telephone, gas for my bike. So what did I do, Mr. Speaker? I had to go get another job. What did I end up doing? I said, Well, I saw this job in the paper was hing dishes. So I said, Well, I am going to apply for that. And I got it, three nights a week at the Henry VIII [Restaurant], washing dishes. From nine o’clock to two, three o’clock in the morning.
An Hon. Member An Hon. MemberAnd proud of it. Hon. Zane J. S. De Silva: Yes, sir. But that still was not enough, so I got a Sunday job up at White Hill. And you might remember seeing me rent bikes to tourists up there at Somer set Bridge Cycle Shop. Okay ? And the …
And proud of it.
Hon. Zane J. S. De Silva: Yes, sir. But that still was not enough, so I got a Sunday job up at White Hill. And you might remember seeing me rent bikes to tourists up there at Somer set Bridge Cycle Shop. Okay ? And the other three nights a week I was wai ting tables. Now anybody from the West End here tonight might remember Caesar’s R estaurant by NOB Gate.
The SpeakerThe SpeakerYes. Yes. Hon. Zane J. S. De Silva: Okay? So I worked there a few nights a week. I say all this . . . Mr. Speaker, at one particular time I even took my lunch hour, when I was working for American International during the week, and I changed …
Yes. Yes. Hon. Zane J. S. De Silva: Okay? So I worked there a few nights a week. I say all this . . . Mr. Speaker, at one particular time I even took my lunch hour, when I was working for American International during the week, and I changed my clothes real quick, and I would paint for 45 minutes. And by the end of the week, I had five, 45- minute rounds of painting and that was another extra bit of money. Okay? And why did I do that? Well, because you know, I was not smart; I did not finish school. And you know . . . I was a big man. I did not go to college, and did not finish high school. But I tell you wh at, Mr. Speaker. I learned the value of a dollar very quickly.
An Hon. Member An Hon. MemberYes. Hon. Zane J. S. De Silva: And I say all of this to say, listen, to all the people in our country. Yes, we need to get that minimum wage up. But there are other things that we need to do too. And when we talk about educating and …
Yes.
Hon. Zane J. S. De Silva: And I say all of this to say, listen, to all the people in our country. Yes, we need to get that minimum wage up. But there are other things that we need to do too. And when we talk about educating and giving our people opportunities for educ ation and giv ing them opportunities for business, we have to talk to our people. Listen, do not worry about that cat over there who has got a fancy car and all that stuff. If he wants to buy designer jeans and designer shoes, let him go! Save your money! Set a goal. Buy a house! You say, How the heck am I going to buy a house? Well, work day and night and save. Sacrifice. I did not go for dinner. My wife will tell you. I have got 36 years in, going 37 . . . for that first 10 or 15 years the dinner was a peanut butter sandwich sitting up there at Whale Bay watching the sun go down.
[Inaudible interjections] Hon. Zane J. S. De Silva: And clothes? I had the same pair of pants for 15 years, Mr. Speaker. [Inaudible interjections]
Hon. Zane J. S. De Silva: That’s ri ght. That’s right. Same pair. And my wife, she used to cry. She said, Look, you know, my girlfriends are getting their hair and their nails and all that done. And I said, None of that is happening, honey. I said, Look, you either want a house or you want t o keep paying rent. What do you want to do? [Inaudible interjections and laughter ]
Hon. Zane J. S. De Silva: She did say, Nails. But I said, But no, honey. Look, honey. No, no. It ain’t going to be. No nails this decade. Not this decade. But she gets t hem done now. So all I am saying to you, Mr. Speaker, is this. We can do these things, but it is important for us to teach our people. Listen, look, I think . . . who was it? I think brother Famous, before Cup Match, you were [talking] about the cycle tha t our people are in. We are going out and spending all of this money before Cup Match. Where are we spending it?
The SpeakerThe SpeakerMm-hmm. 3140 10 August 2018 Official Hansard Report Bermuda House of Assembly Hon. Zane J. S. De Silva: Who is banking and who is not?
The SpeakerThe SpeakerMm-hmm. Hon. Zane J. S. De Silva: We have to teach our people these things. This is what we have to do. Now, Mr. Speaker, I have been talking for 13 minutes and 54 seconds. I am going to wrap it up. But I would like to wrap it up …
Mm-hmm. Hon. Zane J. S. De Silva: We have to teach our people these things. This is what we have to do. Now, Mr. Speaker, I have been talking for 13 minutes and 54 seconds. I am going to wrap it up. But I would like to wrap it up on this note. I would like to put out a challenge to all t he trust fund babies in this country that have had businesses handed down to them. I would challenge them to take some of that trust fund money that was made off the backs of slaves, for the most part. Take some of that money and see what you can do to improve the lives of the majority of the black people in this country.
An Hon. Member An Hon. MemberIt would be helpful. Hon. Zane J. S. De Silva: We have a lot of social i ssues in this country right now. I do not see any little white boys killing each other. But I see our little black boys killing each other. Why is that? Why is it? …
It would be helpful.
Hon. Zane J. S. De Silva: We have a lot of social i ssues in this country right now. I do not see any little white boys killing each other. But I see our little black boys killing each other. Why is that? Why is it? Is it that they have lost hope? Do they feel that they do not have . . . I am not going to have any opportunities. I can’t find a job, so I am going down this road. That is what I am going to do.
[Inaudible interjections]
Hon. Zane J. S. De Silva: Yes. My Momma is struggling, my Daddy is, you know, he is struggling; if he ain’t locked up . . . you know? What am I going to do? There is a reason for that. Let’s not be afraid to talk about some of these issues. I challenge, I’m telling you, I challenge the trust fund babies in this country. And some of them, for those who do not know, are still making millions of dollars per month. I did not say a year, you know. I said “a month.” I did not say thousands. I said “millions” —in this country. So, Mr. Speaker, I would like to leave on that note. I would like to see those folks that have massive amounts of disposable income . . . let’s take a good portion of that and let’s help our people. Thank you,
Mr. Speaker.
The SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Mr. Commissiong, as the mover of this motion, you now have an opportunity to respond to some of the comments that have been made. And I think also at the same time you have . …
Thank you, Honourable Member. Does any other Honourable Member wish to speak? No other Member? Mr. Commissiong, as the mover of this motion, you now have an opportunity to respond to some of the comments that have been made. And I think also at the same time you have . . . Member, did you want to add to the report, so that it can be voted on? You have the floor.
Mr. Rolfe CommissiongWell, Mr. Speaker, I just want to say that I am deeply honoured here tonight and humbled. I am particularly gratified that this committee was able to come back to this House, still i ntact, as a bipartisan committee. Lord knows that there were times when that status was at …
Well, Mr. Speaker, I just want to say that I am deeply honoured here tonight and humbled. I am particularly gratified that this committee was able to come back to this House, still i ntact, as a bipartisan committee. Lord knows that there were times when that status was at real risk, but something held us together. And I really want to give thanks to all of them. Mr. Lawrence Scott, MP, JP; my Deputy, Ms. Leah Scott, of course, from the OBA; and Mr. Jason Ha yward. We would not be here tonight without the efforts of everyone that I just called, and, of course, Mr. Speaker, the members who formed the first committee of this House on this topic in late 2000, or actually, the third quarter of 2016. One of those Members is no longer with us, the deceased Member Shawn Croc kwell. I saw former Senator Kim Wilkerson in here t onight. She was a member of that committee. Mr. Speaker, sometimes it was like climbing up the rough side of the mountain. But then we began to realis e that there are so many people in this country whose climb has been so much rougher than mine and, indeed, all the Members in this Honourable House. I think of those old soldiers now, Mr. Speaker, people like the late and not forgotten Freddie Wade, as mentioned by Member Zane De Silva. I think of Dame Lois Browne- Evans now. And I think of persons like Walter Robinson. These men knew what it was like to fight for labour. To fight for the voiceless. To fight for black Bermudians. To fight for what was right for all Bermudians. And let us not lose this legacy. Let us hold on to those values that they left for us, what they be-queathed to this party which now forms this Gover nment. Yes, this is the 21 st century and, yes, we have now a young group of MPs and me mbers coming into the party and the Government. But let’s hold on to those values and let’s not forget our mission— fundamentally, it has not changed —to fight for the voiceless, to fight for the powerless, that is who we serve, first and foremost. This is w hat this is about, ultimately. Let’s not forget that. Mr. Speaker, income inequality has been a scourge of countries throughout the world, and in par-ticular the west we know. Our fathers and grandparents without a college education could earn a middle income standard of living. Many of us are by -products of that. They educated us and many of us went to col-lege. And they could do that in a Bermuda without a college education in the 1960s, 1970s, and 1980s. That is not the Bermuda that we have today. Today, Bermudians are struggling on wages that can no longer afford them a decent education. Certainly on wages that can never provide a path forward where they can see themselves taking part in what we used
Bermuda House of Assembly to call social mobility. We have seen the rich grow richer, as we have in most countries, particularly in the west. And we have seen the middle class attenuate, shrink, while the ranks of the working poor increase. I heard the Leader of the Opposition make reference to the need to focus on skill -based learning talking about what I would characterise a skill -based deficit. But with respect to this issue, it is not so much that these workers and those who want to enter our workforce are lacking skills. Most of these positions that are most affected are not highly skilled occup ations where it requires persons with high skills. What has happened here is that low skilled foreign labour has competed with Bermudian low to medium skill local labour, and employers have been able to get a benefit from bringing in and adopting low cost foreign labour in Bermuda over the last quarter century, or more in a way that has hurt Bermuda in a very pr ofound way, in my view. We should not have people here working and earning $7.00, $8.00, $9.00, $10.00, $12.00, $13.00 and $14.00. So, Mr. Speaker, I am not going to belabour this. I am just happy that we got to this point. We are going to pass this baton now to the Government. And I am confident that they are going to do the right thing as well, on behalf on Bermuda’s people. And I w ant to thank you, Mr. Speaker, for your guidance over the last few months in this process. With that, I will wait on your direction.
The SpeakerThe SpeakerMr. Commissiong, let me help you here then.
The SpeakerThe Speaker—we will have to vote on the acceptance of the report.
The SpeakerThe SpeakerI do know that there were some suggested technical issues that were f ound, and I understand that there is a . . . whether it was an amendment or addendum that can be added to the report, that just highlights the technical pieces that just needed to be corrected.
The SpeakerThe SpeakerJust technical, if you want to add that and move it, that will be clear. But with the actual report, and for Members, it is not any change of content; it was just some tec hnical pieces that we picked up that needed to be just slightly corrected. And , …
Just technical, if you want to add that and move it, that will be clear. But with the actual report, and for Members, it is not any change of content; it was just some tec hnical pieces that we picked up that needed to be just slightly corrected. And , if you want to, add that now , and then the body can report on your report as being accepted or not.
Mr. Rolfe CommissiongDo I move both at the same time? The report and the . . . and the . . .
The SpeakerThe SpeakerWell, the report has been tabled a lready.
Mr. Rolfe CommissiongMr. Speaker, I so move that the amendments in question be approved by the House, along with the report.
The SpeakerThe SpeakerYes. Members, the Member has put the matter that we have been discussing to the floor for a vote, and the vote is basically accepting the r eport. Members, are you in favour or opposed to accepting the report? May we have those who are in favour? AYES. The Speake …
The SpeakerThe SpeakerIt looks like the Ayes have it. Thank you, Mr. Commissiong. [Motion carried: The Parliamentary Joint Select Co mmittee Report on the Establishment of a Minimum/Living Wage Regime was approved as amended.]
The SpeakerThe SpeakerWe now move on to the next item that is on the Order Paper tonight. Again, it is a motion, and the motion is in the name of the Honourable Member Ms. Ming. 3142 10 August 2018 Official Hansard Report Bermuda House of Assembly Ms. Ming, would you like to …
We now move on to the next item that is on the Order Paper tonight. Again, it is a motion, and the motion is in the name of the Honourable Member Ms. Ming. 3142 10 August 2018 Official Hansard Report
Bermuda House of Assembly Ms. Ming, would you like to read your motion out?
MOTION
CONSIDERATION OF THE PARLIAMENTARY JOINT SELECT COMMITTEE REPORT ON THE NECESSITY FOR A PUBLIC SEX OFFENDERS REGISTER AND OTHER PERTINENT MATTERS RELATING TO CONVICTED SEX OFFENDERS
The SpeakerThe SpeakerYou can read your motion out, Ms. Ming.
Mrs. Renee MingMr. Speaker, I move that the House do now take under consideration the following motion, notice of which was given on the 27 th of July 2018. BE I T RESOLVED that this Honourable House consider and approve the “Report of the Pa rliamentary Joint Select Committee on The Necessity …
Mr. Speaker, I move that the House do now take under consideration the following motion, notice of which was given on the 27 th of July 2018. BE I T RESOLVED that this Honourable House consider and approve the “Report of the Pa rliamentary Joint Select Committee on The Necessity for a Public Sex Offenders Register and Other Pert inent Matters Relating to Convicted Sex Offenders ” together with the recommendations contained in the Report.
The SpeakerThe SpeakerMm-hmm. Continue on. The Member has moved her motion, and it has been all read for Members, and those in the li stening audience. Honourable Member, you have the floor now to discuss your motion.
Mrs. Renee MingSurely. Thank you, Mr. Speaker, and listening audience. I am looking at the time, and the time is sort of late, but it is funny because when I did this motion in December I think I did it at 1:25 am, so— [Inaudible interjections]
Mrs. Renee MingI guess we are on the . . . so how we started is how we are going to finish. But I am hopeful that the Members and the listening audience will take into consideration the ser iousness of what this report actually speaks to. So even though it may …
I guess we are on the . . . so how we started is how we are going to finish. But I am hopeful that the Members and the listening audience will take into consideration the ser iousness of what this report actually speaks to. So even though it may be late, I am pretty sure that there is something in here for just about everyone, and there are recommendations that I am confident we, as parliamentarians, will adopt. Mr. Speaker, I would first like to just to give a bit of administrat ion tips. The committee Members for this joint select committee [consisted of] myself, Mr. L. Craig Cannonier, Mr. Zane De Silva, Mr. Christopher Famous, Ms. Susan Jackson, Senator Crystal Caesar, and Senator Michelle Simmons. Our Clerk was the Assistant C lerk to the Legislature, Ms. Sierra O’Meally. We had a total of ten meetings. And of those ten we had eight where we had presentations by peo-ple that had discussed and wanted to talk to. The meetings were for us to actually brainstorm as a committee and t o decide what recommendations we wanted to put forth, what did we think was in the best interest of Bermuda and her children. We used that time to, I would say “share,” but we truly did “brai nstorm.” We went back and forth, we decided what we thought would be the best way to proceed. And just so that you know, some of the wi tnesses that we spoke to, we spoke to the SCARS rep-resentatives, who are actually in the House, even at this late hour, to hear this report, and we want to acknowledge them. [Desk thumping]
Mrs. Renee MingWe spoke to the Bermuda Police Service. We spoke to a representative from the Child Safeguarding Unit of the Foreign and Commonwealth Office. We spoke to a representative for the Criminal Justice Advisors to the British Overseas T erritories in the Caribbean. We spoke to the Deputy Governor of Bermuda …
We spoke to the Bermuda Police Service. We spoke to a representative from the Child Safeguarding Unit of the Foreign and Commonwealth Office. We spoke to a representative for the Criminal Justice Advisors to the British Overseas T erritories in the Caribbean. We spoke to the Deputy Governor of Bermuda at that time, which was Ms. Ginny Ferson. [We spoke to] the Acting Director for Public Prosec utions, the Crown Counsel for Public Prosecutions, the Attorney General, public school counsellors, and the Director of Court Services. And just to be clear on the public school counsellors, we spoke to six counsellors during that presentation. Mr. Speaker, and listening audience, Berm uda has found itself like many other countries , at a stage w here we must consider a public sex offenders regis ter. And so when we think of that, I think that one of the things that we first need to be clear in identif ying is what is a public sex offenders register? So, if you will allow me, I am just going read thi s. “A Sex Offender Registry is a system in var ious countries designed to allow Government author ities to keep track of the activities of sex offenders i ncluding those who have served their criminal sentenc-es. In some jurisdictions, where sex offender regis tration has been implemented, registration is accompanied by residential address notification requirements. “In many jurisdictions, registered sex offenders are subject to additional restrictions, including housing. Those on parole or probation may be subj ect to restrictions that do not apply to other parolees or probationers. Some of these include (or have been proposed to include) restrictions on being in the presence of underage persons, living in or close to a school or day care center, owning toys or i tems ta rgeted towards children, or using the Internet.” So, Mr. Speaker, we see that we have a very serious topic on our hands. I think that there is no one in here who would not agree that sexual abuse
Bermuda House of Assembly against children is an act of violence. It is also another form of abuse where the perpetrator inflicts physical, psychological, emotional and sexual harm on the vi ctim. The statistics from the Department of Child and Family Services for the years 2011, 2012, 2013, and 2014, show that in some cases it is on the rise. In the last statistics for 2014, there were 173 reported cases, and of that 136 were female and 37 were male. [Through] our research, our study, and those who we have talked to, we have learned that most of the time the sex offenders are known to their victims. So, when we think of the seriousness of that and the safety that they are known to them . . . I will get into it just a little bit further, but these are people who may interact with your children on a daily basis, on a weekly basis, and they are people who you may trust to be with your children. Based on the SCARS website (and I will get a little bit into that as well about SCARS) we learned that 30 per cent of child sex offenders are family members or relatives. [Also,] 50 [per cent] to 60 per cent of child sex offenders are persons in a position of trust, 10 per cent of the offenders are strangers, 90 per cent of children who are victims know their abuser, 25 per cent of child sex offenders are women, and 40 per cent of child abusers are older children. So you see, Mr. Speaker, and listening aud ience, what it is we are dealing with. In America, they have gone and they have done their studies and they say that 88 per cent of the cases of child sex abuse and sex abuse are unreported. So in B ermuda you can imagine that just looking at the last figure 2014, we said we had 173 reported cases. So if we were to extrapolate that data that we know from the United States and put it in terms of Bermuda, then that would mean that in that year our unrep orted cases would be in the region of 1,268.
Mrs. Renee MingThat is a staggering number when you read it out and you say it like that. I think that one of the things that we learned in our joint select committee is that in Bermuda we tend to trust and we trust easily. So those persons who we believe to …
That is a staggering number when you read it out and you say it like that. I think that one of the things that we learned in our joint select committee is that in Bermuda we tend to trust and we trust easily. So those persons who we believe to be trustworthy and think that our children will be safe with, we leave our children in their care. An example of this includes schools, churc hes, close relatives, family friends, [and] child care gi vers. You know, these are places where we believe that our kids will be safe, and that they are safe h avens. And so it is for that reason that we tend, as parents, as caregivers, and as guardians, to trust. But we have also learned that that is not always the case. Child sex abuse is undoubtedly —and I have said this, and this is probably my third or fourth time standing as it relates to this joint select committee— an uncomfortable and a difficult topic to discuss. However, we realise that as we move forward and as we progress we have to be comfortable revealing the secrets. We have to accept that we have people in our community that will hurt, and that there is no magic wand to fix the issue of child sex abuse. But through education and awareness we can reduce, eliminate that which has the potential to destroy families. And we know everyone suffers when a child (or adult) is sexually abused. The actual Council of Europe Commissioner for Human Rights, 2011 says, “ Sexual assault against children is an urgent human rights issue and fighting it should be a political priority .” So I think that even with what we are doing here today, Mr. Speaker, the fact that we are here with a report from a joint select committee, with a set of recommendations for the Government to consider and to move forward with, shows that we did deem it to be a priority. And the Government of the day is tasked now with taking it away and having a look at it and seeing what it is that we can implement and even how we woul d go about doing it. Mr. Speaker, it would be remiss of me not to at least mention that this committee was actually formed in 2015 under the former Government. It was actually done on a motion by my colleague who sits across the way, Zane De Silva. It wen t on later to be chaired by Mark Pettingill. The committee at that time was moving forward with a draft report that was to be submitted here. In 2017, after a change of Government, it was deemed by the Progressive Labour Party that this was too critical a topic to be allow ed to fall along the wa yside. And so we then put forth a motion to continue . . . well, we did not actually continue. It was a motion for this committee to continue to work. But we actually made a decision as a committee that we would start fresh because a lot of us were brand- new MPs and new to the legislative process. So we took it with new eyes and we dealt with it in that regard. So I am pleased to say that it was a very independent and u nbiased approach. We have worked well together f or a bipartisan committee, and I think that we have all learned many things. I think my colleague and I, Christopher F amous, were saying that there are some parts of us that would never, ever be the same having sat on a joint select committee and dealing with these inc idences that we have read about, that we have heard about, that we have listened to, that we have analysed, that were highly emotional and in some cases horrific. But we are still standing here today and I b elieve that we are proud of what it is that we have put forward. Just to give some similar recognition, the pr evious committee worked as well, and they were MP Mark Pettingill, Sylvan Richards, Susann [ Roberts-]Holshouser, Kim Wilson, Zane DeSilva, and Senators Lynn Woolridge and myself , because I did 3144 10 August 2018 Official Hansard Report
Bermuda House of Assembly sit on the previous committee in 2015. Unfortunately, at the change of Government in 2017 we were still in a stage of drafting our report. So I do want to thank those persons for what they put through at the time, because like I said to you, this is not by any stretch of anyone’s imagination an easy joint select committee to sit on and to hear, listen and to analyse. And then also, in the mix of all of that, you try to be as ind ependent and as neutral as you can because, I mean, we all have children that we know. Maybe we are parents. So I think the committee did extremely well in that regard. We also agreed that . . . we put aside our pol itics when it came to looking at the issues that were before us. We really sought to find what some of the best recommendations were that we could use, because there were times when there was some stress. I know that, for instance, there was an article in the newspaper in May that identified that the joint select committee had had five months and it had not done anything. And that was by a former Member from another time, which is . . . I can understand why som etimes there is another time. Because you do not have . . . we did not as a committee see this as something that we needed to rush to put forth. We k new that we were working with timelines, but we did not feel that we were going to be under anyone’s gun to get anything done. We did our best. We listened, and when we thought we wanted to have someone come back in and speak to us, because we needed to se ek clarity to understand a process, we did that. And so I think that speaks volumes as well because there was no one feeling that there was pressure to complete it in a specific timeframe, or rush here every five minutes and give you a report. The committe e was working, the Speaker was well aware of that, and so here we are today with our report. I can tell you that the committee gathered an extraordinary amount of information through our multiple sessions with our experts. We held, like I said, many meeti ngs. And then finally we reached a stage where we said, How do we now want to approach this? And so we took a three- pronged approach of addressing education awareness and effective pr eventative measures, which is our first point. We did management of sexual offenders, and then counse lling and support of victims and their families. So those were our three points that we then moved forward with in terms of how we wanted to tackle this particular topic. We agreed, though, that education and awareness are the k eys to preventing child sex abuse. So although we studied the three, and our recommendations are based on those three points, we felt that if parents and people on the whole are equipped with the tools and the resources to understand or even identify and l ook for the signs of child sex abuse and sex abuse, then we could better put ourselves in a space to prevent these horrific acts. Because the data has shown us that child sex abusers are normally known to their victims, we def initely took an opportunity t o have a presentation from the representative from SCARS. And so what we learned through SCARS is we got to, sort of, see and hear from persons who were the victims of sex abuse, and child sex abuse. One of the things that I know, and our report actually mentions it, is that in Bermuda SCARS is doing some magnificent work. As of July 18, we noted that they had 7,292 persons that have been SCARS trained and are stewards of safeguarding our children. That is not a small feat in an Island even as small as us. And there is a tipping point number and stuff like that, and I am not even going to touch on it because I may say it wrong, but you are quite welcome to go on the SCARS website and have a look because they clearly outline everything that it is they do. I am even going to give them a bit of a commercial for them. If you want to know what SCARS is doing, and if you are interested in becoming SCARS trained, you can definitely get in touch with Debi Ray -Rivers because she will be on you just like that. She wil l accommodate you, just as she did our committee. As I said, the committee spent a lot of time li stening and analysing, and so we ended up understanding such things as who a “mandatory reporter” is. By [reason] of that, every single adult is. So it is not just the parents; every adult, in accordance to the Children Act 1998, we are all mandatory reporters. Specifically, as well, teachers are mandatory reporters and they must report any incident of significant harm to any child. So child sex abuse is just one of those things, though. What we have seen is that when it comes up it comes up in the newspapers and everybody gets riled up and they want to know where that person is living, if they are being released, and it gets a whole pile of attention and then i t sort of dies down. And so as a committee, one of the things we talked about is that it must continue to be at the forefront and it should always be . . . and it needs to be something that we constantly create awareness of, and that we are repeating and w e are repeating and we are r epeating. Because I do not believe that if we do not talk about it we can then expect that we are going to see a different result than what it is that we have in front of us today. We must move from quiet discontent to educatio n and awareness that helps to mitigate the risks of sex abuse to where the rights of the victims are considered. The committee, again, like I said, firmly believes that education is the key to identifying the signs of child sex abuse. Parents need to be ta ught or given as many tools as possible. The joint select committee, under our educ ational and awareness and preventative measures recommended the following. And, Mr. Speaker, I will read these:
Bermuda House of Assembly "1. Mandatory annual awareness campaign for all individuals who have children in their care. Education and awareness are key to reducing child sex abuse in our community. "2. There MUST be comprehensive screening of all individuals involved in the care or superv ision of children. "3. Persons convicted of serious sexual offences should be prevented from engaging in employment or volunteer work that involves chi ldren. Additionally, they should not be allowed to join entities that deal directly with children. "4. There should be annual training for all mandatory reporters in the publi c and private school system and ongoing support to ensure that they recognize their responsibilities and understand the associated importance. A suggestion would be to have mandatory reporters SCARS certified. "5. The Ministry of Education should establish policies for Principals, Teachers and other mandated reporters within the Ministry. Any offence that occurs in or on a public or private school property should have consistent pol icies and guidelines as established by the E ducation Act. "6. The Ministry of Educat ion should have a communication strategy to convey information regarding a sex offence that may have occurred on school property to the parent body. "7. There should be a campaign to educate parents to the vulnerability to sexual predators that their children face. Parents should be educated and understand the signs of sexual abuse. This campaign should be long term and sustainable to changing trends in child sex abuse and sex abuse overall. "8. The Government should ensure that there is a sustainable internal program that organiz ations and staff can use to undergo training r elating to child sex abuse. This governmental entity should work collaboratively with SCARS. "9. All Parliamentarians should be SCARS trained as there is a high probability that someone within t heir constituency is a victim or a perpetrator and may seek your help. ” One of the reasons that you saw that we had very strong recommendations with regard to the schools is because we were aware of, and this sits in the public domain, of an incident that occurred at a public school in 2015 and 2016. When we were speaking about it to the counsellors at the schools, and a few others that we interviewed, that is how we found out that there really was no process in place in our public school system to address incidents like this. Now, the hope is that we do not have many incidents like this. But from a recommendation standpoint, we do not know and we need to make sure that we put the proper policies and procedures in place to address this because we would not have thought that we would have had it in first place. But the fact that we had one let us know that we get to see, I guess, where our weaknesses lie, and how we can strengt hen those things that if we happen to have an incident like that going forward, we have a better framework and an infrastructure in place in terms of our educ ational needs to be able to deal with that. And, again, we felt that communication was key because one of the things that we also learned was that administrators at schools do not necessarily have even . . . because there was no policy in place, they did not know how to address their parent bodies as a result of having an incident like this occur at the school. So, the recommendations that we spoke to (that I just read to you), were the ones that fell under the categorisation for the topic of “Education Awar eness and Preventative Measures.” Mr. Speaker, I am moving on to our second topic that we covered [which] was the management of sexual offenders. And one of the things that we have to understand is that the goal of sex offender management should be to promote public safety by redu cing the risk of recidivism by sex offenders. Managing sexual offenders means that you need to have a clearer understanding of: • The persons who commit thes e offences. • The strategies that have proven to be effective in reducing the risk of reoffending. • The transition of that sexual offender back into the community. This was an area that our joint select commi ttee probably spent the most time on in terms of understanding exactly that works, because there are some policies in place that are used, especially in the release of a sexual offender. So when we delved into this we wanted to understand what happens during incarceration and what happens upon release. I think that there were a few of us who were shocked to find out that treatment is optional and at the discretion, almost, of the sexual offender. So if someone who has been locked up and is a convicted sexual offender does not want to have any treatment while they are incarcerated, they do not have to. So, like I said, that was a serious eye- opener for the committee because we heard that there are some s erious sex offenders who have been released from prison who have never had any treatment with regard the s exual offence side of it, or the “whys” or anything like that. So we delved into that. We spoke someone from Court Services, and we just tried to get a better understanding of what that looks like. So the commi ttee believes that to protect the public from . . . because the main goal was that we must protect the public from it, we had to understand the treatment side of it, and we also had to understand even the release side. Like what happens when that time 3146 10 August 2018 Official Hansard Report
Bermuda House of Assembly comes? And what we did learn was that the Criminal Code Act 1907 allows for public notification under section 329H with ministerial discretion to establish a pr otocol regarding disclosure. These protocols determine if notification requirements under section 329G should be enacted. And so in our report th ere are two appendices [Schedules] at the back where we clearly outline what [sections] 329G and 329H are. So you can have a look at it. But one of the things that we found to be i nteresting during our investigative stage was the r elease of serious sex off enders and the way that the two different Attorney General’s had dealt with that. And I think that became very much a basis for us in terms of looking at things and removing discretion from it. Because we had an incident sometime this year where someone wh o was deemed to be a ser ious sex offender was released, and the Attorney General exercised that particular part of the Criminal Code, which is [section] 329H, which is the public not ification of information on sex offenders. But we had had an incident in 2016 where we had a serious sex offender who was released and there was no notific ation to the public about it. That garnered a lot of discussion from the committee because we wanted to understand how is it that we . . . as a committee we saw almost two very similar cases, but one was given notification and the other was not. And so we took the time to make sure that we asked those questions and we wanted to rea lly understand how that worked. Because if the role is, if our overarching thing is that we are protecting the public, then that has to be something that we wanted to see as being consistent. And so the release of a sexual offender, especially one who was deemed, and I think at that time the wording was “likely to reoffend,” we would have thought that it would have been a consistent approach in how that person would have been released into the public and how the public would have been notified. So that was something that concerned us as a committee. We spent a lot of time talking about that di scretion that sits in certain roles. Several of our witnesses that we spoke to mentioned the need to see tiered sex offences. And the reason that we got them to clarify that for us is because there were instances where you may have a 17-year-old boy in a relations hip with a 15- year-old girl. If that for some reason makes it to court and that young man is identified as a convicted sex offender, and makes it onto a sex register at the age of 17, when we looked at it we felt that he would . . . being on a sex register , especially one that would be public, would mean that he would probably lose out on basic opportunities, whether they be educational or things that would have helped in later on in life, for som ething that may have happened at the age of 17 and could have been a one- off experience. We also discussed if a person urinated in a public place and was caught, that thing gets you on a sex register as well. Now, there could be many reasons why, but we thought about things like that and thought that that getting o nto the register, and if it is public, then you are once again in something that you cannot get off, it is almost like social media. Right? Once you are there, you are there almost. And so we were very conscious of these offences that the pr esenters who spoke to us thought were low risk or m edium risk. So, that was something that the committee had to consider and we made sure to deliberate car efully on that. You will see in our recommendations how it formed into our recommendations. I already mentioned the discretion to you and I said to you that that was something that was a really big deal to us in understanding how one Attorney General versus another Attorney General deals with the public notification. Like I said, we queried on this. We began to understand it. We spoke to the director of Court Services. We got an understanding of how that office even works. So we did not just look at ev erything from a, I guess, the sex offender’s side of it. We even tried to understand the workings of how the offices and things work. Like, how many are there? How many cases do you have? How many convicted sexual offenders are underneath your remit that you may be monitoring or actually managing through a sex offender’s management programme? So we got an understanding as we ll as how that works. We spoke to the DDP’s [ Department of Public Prosecutions ] office and there were some things that we learned in terms of updating of laws. Good gr acious! Mr. Speaker, there was so many laws that needed to be updated, and we are hopeful —and we made the recommendation in here —that Attorney General can take that forward. Because one thing is that the laws are not gender neutral. The age of consent even for a female and a male, one is 16 and one is 18. And this has actually been identified as a human right. Other laws that were mentioned to us that needed updated was that laws limiting the intrusion of privacy on a female. So males cannot make a complaint under this because it does not include males. Section 183 of the Criminal Code, “inter course with defective,” needs to change. Mr. Speaker, this was one I think the committee felt very strongly about the word “defective.” We felt that we are now in 2018 and I am pretty sure that we can find a better word to use than “defective.” It is demor alising, and we cannot continue with language of that nature. And then we also agreed that the sexual assault with disease needs to have an updated list that includes more of the sexually transmitted diseases. We spoke about the Lanzarote Convention. And t hat was something that we learned from one of our overseas members. And that actually touched a case that we had in Bermuda whereby . . . this was when a sexual offender actually removes a child from
Bermuda House of Assembly a particular jurisdiction and takes them somewhere else. And so at this time Bermuda is not part of this Convention, although the UK is, and so one of our suggestions was that we do become part of this, because we had a case in Bermuda, and there was a time when some of the offences occurred outside of Bermuda. But, unfortunately, because of the fact that we do not have the laws or the legislation in place to cover that, there was nothing that could be done. So although the person was convicted of the sexual crimes, they could not be convicted for what ha ppened outside of Bermuda. And so the Lanzarote Convention, and I am not going to read it all out, but that is clearly what it does. It allows you to be charged for the crimes that may not have happened within the jurisdiction that you stay in. So that is an ins trument that is available to us and that we believe as a committee that we should look to become part of that. The joint select committee recommendations for management of sexual offenders are: "1. All convicted sexual offenders should be r equired to participate in a MANDATORY trea tment program prior to their release from the correctional facility. Treatment should not be optional. "2. There should be consequences for those offenders who refuse treatment while incarcerated; the possibility of extended pris on se ntences should be considered. "3. Sexual offenders should be categorized (a tiered structure) in accordance to the seriousness of the act they committed. Less serious offenders (juvenile, or a minimal assault) should be placed at a lower level on a regist er with the more serious heinous crimes at a higher level. "4. Convicted sex offenders who are deemed da ngerous and are categorized within the top tier should be placed on the sex register for life. "5. Bermudian residents who were convicted overseas should be added to the Bermuda Regi ster. "6. Establish relationships with international bodies that will allow cross border reporting and prosecution. Examples include but are not limited to are the Lanzarote Convention and Interpol. "7. Procedures for the release of prisoners should include a psychiatrist and psychological assessment that is conducted three to six months in advance of a release date. "8. Special measures should be adopted when i nterviewing children in relation to sex crimes. Consideration should be given to screens and clearing the courts when a child needs to testify in a sex abuse case in conjunction with the Evidence (Audio Visual Link) Act 2018. "9. Interviews with children should be conducted by trained professionals who will establish a good relationship wi th the child to yield the best evidential responses. This person doesn't have to be a police officer, it could be a child ps ychologist who works with the police and who later can be called upon to provide their pr ofessional assessment under oath to the truthfulness and authenticity of a child's account. "10. Update existing laws to ensure that they are gender neutral and use modernized language. "11. Ongoing monitoring and assessments should be consistent and robust upon the release of a sexual offender. "12. Amend the ‘length of registry ’ (Section 329 G. (2)) to have the times on the register be aligned to a sex offender's prison sentence. An example would be if the prison sentence were to be over 30 months this would mean a LIF ETIME on the register; prison sentences that are 6–30 months would equate to 10 years on the register and so forth. ” (This was just an example that was put forth by the committee.) "13. Update and modernize the sexual offences list.” "14. Establish a mandated framework that could be a tribunal, chaired by th e AG, with a minimum of three entities (e.g. the AG, Director of Court Services, Psychologists, Bermuda Police Service and DPP) that all review and agree terms and conditions, classification and public notif ication [Criminal Code Act, Section 329G ] of high and low [risk] sexual offenders upon from release from prison. ” Our third point, Mr. Speaker, was the counselling and support of victims and their families. The i mpact a sexual abuser has on his victim is lifelong and it is imperative that long- term couns elling is provided. After -care and counselling services are i mportant in aiding victims to put them back, I guess, into society. As a society we have to at first accept it that we have a problem and that we want to deal with it. Keeping secrets does not help, it has not helped. We know the evidence of that. So we know that going forward, as I said again, become comfortable talking about the uncomfortable. And therefore we also need to make our children comfortable being able to tell us when things have happened to them. The joint select committee’s recommendations for counselling and support of victims and their families were: "1. There should be mandatory counselling for all victims of sex abuse and their families and loved ones. "2. Leverage counselling strategies from other r elated jurisdictions to assist with support ser-vices. Cayman Islands have a Multi -Agency Safeguarding Hub (MASH) which should be considered for adoption in Bermuda. ” If anyone has a chance, and if you are interested, go and have a look. MASH in Cayman is a f a3148 10 August 2018 Official Hansard Report
Bermuda House of Assembly cility that allows them to interview people who have been sexually abused, children especially, and their rooms are all designed for the various stages of an interview, right down from the doctor’s side of it, to the psychological side of it, to the police side of it. So they have a purpose- built facility that allow s them to deal with their cases of that. "3. Ensure that ongoing and consistent therapy and counselling services are available to all victims irrespective of their personal financial circumstances. "4. Ensure that victims and their families are gi ven sufficient and timely notification upon an offender’s release. "5. Enhanced therapy with extended services should be offered to assist with what could be a traumatic event for victims and their fam ilies.” I think you can see that we have put a lot of emphasis on the counselling side of it. And part of that is because if we are going to . . . We accept what has happened; but we now know that your financial records, or the funds you have or do not have, should not prevent you from getting some level of counselling. And it needs to be mandatory. Because there are some cases of child sex abuse and just sex abuse which are horrific. And so, the trauma that that person goes through could be with them for the rest of their life. Mr. Speaker, during the course of this, during select committee, I had several people who either came up to me, had a conversation with me, whatsapp’ed me, and shared some of their stories. And I can tell you that it has weighed, I know , heavily on me as a member. But I know there are other me mbers of the j oint select committee who experienced the same thing. We have a lot of people in Bermuda who are hurting. And there have been many secrets that have been kept over many, many years. I know I spoke to one lady, and she had a 50something- year-old secret. And she shared that with me. And I do not take those kinds of things very lightly, Mr. Speaker. I encouraged her that, even after 50 years, she should try and get some counselling. Because it may have happened that long ago, but I can tell you, she still carries that weight and that burden to this day. There were some stories that were really horrible that we heard. And you can give as much nurtur-ing and love. But I can tell you tha t we have some of our members of our community, and this spans b eyond black –white. Because I think I have heard st ories across the gamut, Mr. Speaker. And we have lots of people out there who are still holding onto their s ecrets and need some help. One of the overall findings of the Joint Select Committee, and it is related to the m otion, was with regard to a public sex offenders register. And I am going to read this, Mr. Speaker, because this is i m-portant. This is actually what we were tasked with doing. I t says, “The Joint Select Committee supports a Tiered Sexual Offenders Register with mandated framework to notify the public upon the release of High Risk Dangerous Offenders ONLY .” And so, what we felt there, Mr. Speaker, was that those persons who were deemed to be high risk and dangerous, if that is the classification that is used, are likely to reoffend. And there should be an automatic notification to the public once they go through a bit of criteria. I am just going to read the next part: A mandated framework “could be a tribunal, chaired by the AG, with a minimum of three entities (e.g. the AG, D irector of Court Services, Psychologists, Bermuda P olice Service and DPP) that all review and agree terms and conditions, classification and public notification . . . of high and low risk sexual offenders upon release from prison. “The JSC believes if automatic notification is given to the public on the release of a high- risk o ffender; this removes any discretionary concern and ensures that the public is awar e of the risk with the release. “Additionally, the JSC believes that the rel evant governmental department should produce an ongoing campaign on sex abuse and child sex abuse. Education and awareness should be a constant with public service announcements and related campaigns against sex abuse. “Education and awareness are key preventing sexual abuse.” Mr. Speaker, it would be remiss of me not to be able to thank my own committee at this time, because, like I said to you, not an easy topic, but one I feel that we navigated through. We navigated through the difficult times, the emotional times, the times when . . . I remember one member saying, I just don’t even want to hear anymore. But those were the challenges that we had. And I think that we faced them profe ssionally and even on a very mature level. Because some people may not have been affected in any way by sex abuse or child sex abuse. But they could take it, and they were able to understand what the victims go through. And in some cases, we had to have an understanding of what the actual offender goes through. I would like to take this time to just also note that SCARS [Saving Children and Revealing Secrets] was one of the first [groups of] people that we spoke to. And one of the things that we did as a committee, and a decision that we made in the very early stages , was that we would like to have the entire Joint Select Committee SCARS -trained. And I am happy to report today that the entire committee, on a Saturday mor ning, went in. And we are all SCARS -trained. And we are stewards of child safeguard. And so, I am extremely pleased that we were able to do that. But, of course, I am not quite happy, though, because now I would like to see, and I think the comBermuda House of Assembly mittee would like to see, the rest of the parliamentar ians take that step, as well. We are in the field. We have constituents, as we said to you. And so, some way or the other, this will touch us. And being trained and knowing what signs to look for and what you can actually do and know . . . Because there are some, even in terms of reporting, some people think that you just call SCARS. And that is not the case. Right? The Department of Family Services is where you would actually go to report. But those are things that you would learn as you are trained, because we are in the thick of it. We all have 1,200- plus constituents, and this will touch us. And so, being the leaders that we are, I would encourage, and I would even assist in ensuring that we get our entire parliamentary group SCARS -trained. It has not been easy. Mr. Speaker, as I said, it has been emotional. But I would like to thank the committee. I believe that they did an excellent job. I believe that these are recommendations that the Government can live with and look to put in place. And we are confident that, although the committee in itself has provided the recommendations, I think we all agree that it does not stop here and it does not end here. And our role now is to make sure that these things that are recommendations —this is not a report t o sit on anyone’s shelf. I want to make that quite clear. This is not a report that is going to sit on anyone’s shelf. This committee can convene itself as quickly as that just to make sure of that, even if we have to put the strength and the power behind making sure that these recommendations are acted on and are actioned as soon as possible. And so, Mr. Speaker, my last note that I would like to say is I would like to give a special thank -you to our committee clerk, Ms. Sierra O’Meally. And I am glad she is in the House this evening, because she was very professional.
Mrs. Renee MingHer attention to detail was topnotch, and she made sure to keep us organised. Our meetings were organised. Because we were having lots of meetings, t hey were coming fast and furious. Sierra never complained. She just kept us on the straight and narrow and made sure that we got …
Her attention to detail was topnotch, and she made sure to keep us organised. Our meetings were organised. Because we were having lots of meetings, t hey were coming fast and furious. Sierra never complained. She just kept us on the straight and narrow and made sure that we got our stuff done. So, I just want to say one last thing before I close, Mr. Speaker. And this is for anyone who has been doubting how serious this is. These are just some articles that I printed that have happened in Bermuda in the last three weeks: • Violent sex offender may be sent to Britain • Judge overturns man’s sex conviction • Police warn about online abuse allegations • Man charged with 1998 rape • Man Arrested For ‘Suspicion Of Sexual A ssault’ • Civil servant charged with sex offences • Court: Man Charged With Child Pornography This is what was in our newspapers , and some of them came from Bernews , so let me just say this is what is o n our media sites in the last three weeks . So, if you do not believe that we have a ser ious problem in those, you just need to pick up right now and just read. You can go in and you can just do a search on sexual offences, and this is what came up for three weeks. We are not even making it beyond one week and not having a case that is related to e ither child sex abuse or sex abuse. So, for anyone who doubts the seriousness of what it is that we are dealing with, then I enc ourage you to do your own research. You may not want to believe what Renee Ming has to say. But I can tell you this here, everything that we have spoken about in this report and the recommendations that can come out of our report are very much topical, and also just timely for the era that we are living in at this time. So, Mr. Speaker , with that, I will take my seat.
[Desk thumping]
Some Hon. Members Some Hon. MembersWell done, Renee!
The SpeakerThe SpeakerThank you, Honourable Member, for that presentation. Does any other Honourable Member wish to speak? No? We can . . . Oh, okay, all right. I was looking for someone on this side. Okay. The Honourable Member from constituency 29, I believe you have the floor. Hon. Zane J. S. …
Thank you, Honourable Member, for that presentation. Does any other Honourable Member wish to speak? No? We can . . . Oh, okay, all right. I was looking for someone on this side. Okay. The Honourable Member from constituency 29, I believe you have the floor.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. As this com mittee just showed you, it was how we operated the entire time we were together, that we were always willing to share and be very r espectful and nice to each other. So, as you saw, we had three of us to stand up, and we were all willing to let the other sp eak. But, Mr. Speaker, first of all, I would like to thank MP Ming for a fantastic, thorough, excellent presentation tonight. I think she basically covered all of our bases. And I think any other Members who speak tonight really will not have to say too m uch. I mean, you really have done a fantastic job, MP Renee. I would like to start off, Mr. Speaker, just by giving an extra, extra thank you to Ms. Debi Ray - Rivers, who is in the House tonight; along with Jon Brunson; and, of course, the ever . . . Now, someone else is here with you, as well. I cannot . . . Her name escapes me right now. But you can see (I will get that in a minute) it is 20 minutes to one in the morning, and we have the stalwarts from SCARS here tonight. But 3150 10 August 2018 Official Hansard Report
Bermuda House of Assembly as we always say in politics, everyone says, You know, MP Cannonier or MP Ming or MP Patricia Gordon-Pamplin, or MP Tyrrell, they work very hard. They sacrifice. But what folks always talk about to us a lot is our better halves who put up with so much of the things that we do. And, in fact, MP Ming’s husband and daughter just left.
The SpeakerThe SpeakerAnd son. Hon. Zane J. S. De Silva: And son, too.
The SpeakerThe SpeakerRight. Hon. Zane J. S. De Silva: So, I take this opportunity to thank Debi’s husband Jerry, right, who has stood by her side and supported her, and Jon, in this endeavour right from the start. I remember our having a di nner many years ago, and we talked about …
Right.
Hon. Zane J. S. De Silva: So, I take this opportunity to thank Debi’s husband Jerry, right, who has stood by her side and supported her, and Jon, in this endeavour right from the start. I remember our having a di nner many years ago, and we talked about SCARS. Well, it was not SCAR S at the time, but we had talked about doing something. And, lo and behold, the next thing I knew, she was off and running. And, you know, SCARS was formed, and the rest is history. And I would also like to thank Oil [Casualty] Insurance, because I know t hat that is where Jerry works. And I know that, for Debi and Jon and their committee to do the things that they have done, I know that he and Oil have had to make some sacrifi ces with his time. So, I would like to thank Oil [Casual-ty] Insurance, as well, f or the time that they have gi ven. And I know it has been a large amount. So I would like to thank them. MP Ming mentioned 7,200 -and-some people who have been trained in SCARS. The actual num-ber—this is how possessed Debi Ray -Rivers is. She informed me tonight that it is 7,342 people who have been trained in SCARS. And that is unbelievable, Mr. Speaker! I think if you do the math, it is probably around about 10– 11 per cent of our population, ma ybe 11.5 per cent. That is just a huge number; it is a huge number. And again, SCARS are to be congrat ulated. The other thing that is important is that the reporting of abuse is up 125 per cent. And MP Renee Ming finished off by saying what has been in the m edia over the last week, two weeks or three weeks. And it see ms like it is almost every day we hear som ething. So I think that SCARS has had a tremendous effect with regard to getting people to come out, ge tting the courage to come out and report that there has been an abuse of some kind. The other thing I would li ke to say —and again, MP Ming probably does not realise this. But having served on the committee and knowing the time that has gone by . . . I think that she and the rest of the committee—and of course, I am on the committee. I am not patting myself, but I am patting the other members, Mr. Speaker, because, you know, som etimes committees can drag on forever. And I think, with the slowness in which the first committee went around, which I was on, I think we decided that this committee was going to get this report done and fi nished before this session.
The SpeakerThe SpeakerMm-hmm. Hon. Zane J. S. De Silva: So, I would like to congratulate all of them for their yeoman’s work in getting this report done. It was not easy, and I think she gave a very good, detailed expl anation with regard to all of the people that we met …
Mm-hmm.
Hon. Zane J. S. De Silva: So, I would like to congratulate all of them for their yeoman’s work in getting this report done. It was not easy, and I think she gave a very good, detailed expl anation with regard to all of the people that we met and all of the things we di scussed. I am not going to worry about statistics. I think that the statistics have been given. But I think it is very important that we know in this House, in this country, and I do not think anybody is going to disagree with me, Mr. Speaker, it is an adult’s responsibility to pr otect our children. It is an adult’s responsibility to pr otect our children. And we are all responsible, whether we are in Parliament, whether we are a parent, whether we are a coach, a teacher, auntie, uncle. Every one of us is responsible to protect our children. And it is our role to make sure that our children are safe. Mr. Speaker, it is interesting, because I r emember I have always taught my chil dren, and now they are young adults and they have children of their own, you know, about making sure that if anyone touches you inappropriately or you feel like someone has done something just not -quite -right, make sure you talk to your mother or your father, or your coach or your teacher. Confide in somebody that you have been put in an uncomfortable position. And it is interesting, because my youngest granddaughter, who is two and a half, was at my house the night before last when I got home. And, you know, we spent a little bit of time, and she was on her way out. And I said, Look. Give Pop -pop a kiss goodbye. And she says, Right here. Kiss me on my cheek. And she is two and a half. But she has been trained already that you do not kiss on the lips.
The S peaker: Mm-hmm.
Hon. Zane J. S. De Silva: And, you know, I told my daughter -in-law at the time, I thought that was fantastic. It is really fantastic. And these are the types of things that we have to do as adults is to teach our children early, teach our family members early, that, you know, we have to look out for our children. B ecause it is huge! And you might remember, Mr. Speaker, when we had this debate a couple of years ago. It has been a couple of years now. But I do not know if you r emember me tell ing the story about, I went to a women’s day at Mount Zion. And we had a speaker who came in from Philadelphia. I cannot remember his name. You probably will not remember either, Mr.
Bermuda House of Assembly Speaker (we are both getting old). But he challenged . . . He got on to s exual abuse with regard to children. And he asked anybody in the church. He said, If you know someone in your family or a relative who has been affected by this horrific act that some people do, stand up. Well, of course, I looked around. And I looked across the aisle. And this one person stood up. And, of course, I stood up, too, because I knew someone in my family who had been affected. And the preacher said, Now, let’s go. See, this is the problem. You’re going to tell me it’s only two people in the chur ch? Well, I tell you what. Within three minutes, Mr. Speaker, there was not anyone sitting down in the church. And that is shocking that we had everyone. And it was a full house. And we have a lot of members who go to men’s and women’s days around the country. Right? And when you have men’s and women’s day, the church is normally packed to capacity. And no one—no one remained seated, Mr. Speaker. And that, to me, was a super eye-opener in that, you know, we have a serious pro blem in this country. And I know the Honourable Member Ming gave some statistics. But one alarming statistic is this, that 88 per cent of these horrific acts are not reported! And, in fact, if I could just go to my note real quick, Mr. Speaker, because I know we had this the last time around, and it was astounding. And it was the number in Bermuda. And I think it was like we had 173 cases that were reported in a year. And we said, If it’s 173 and 88 per cent were not reported, then the number jumped up to like— well, you can do the math. I t is like 1,600– 1,800. It is a phenomenal number. And when you think about that for a moment, Mr. Speaker, it tells you how serious this is. The report, as you have heard and, of course, as outlined by MP Ming, one of the things that I think . . . Because, remember, there is still much work to be done. We can put this report. We will finish our debate tonight. And I am with MP Ming. This is one of those reports that is not going to sit on a shelf. And we are going to push it. And we will push our Attorney Ge neral, and we will push our Ministers. We will push our Premier. We will see action on this, because we know that the penalties are not stiff enough, and the chi ldren who are affected are affected for life. And we cannot, as legislators in this country, allow the pu nishment to stay where it is. We cannot. Mr. Speaker, I know there was one person who was convicted. They were sent to prison for six years. And he abused his little girl. And, Mr. Speaker, when you talk about public registry, you talk about informing the public about when people are released. This lady whose daughter was abused just happened to be walking in the city. And who did she bump into? She bumped into this fellow who had been released. She did not know it. And, of course, none of the other family members knew it. So what do you think was her reaction when she bumped into this person? So, when it comes to the offenders registry, and, of course, I will not say some of the things that I have said in committee. But, to me, that registry a nd the thing that gave me most pleasure to the rest of the committee members, was then the report came public and Debi Ray -Rivers was on the front page of the newspaper saying how happy she was. Because I know, we all know, I think it is not many people wh o do not know how passionate she and Jon Brunson are. And, you know, because I was saying, When the report is tabled, I wonder what Debi Ray -Rivers and Jon Brunson are going to say? Did we miss som ething? Was it not good enough? You mean I waited all this time? But, you know, the reaction from her certainly gave me a lot of satisfaction. I felt really, really good that we had taken . . . And the other thing I have to say, Mr. Speaker, is when we started several years ago, Debi and Jon in particular, we ask ed them for information. And, boy, did they give it! They must have spent hours and hours and hours. I mean, I remember reading through that stuff, and I said, Man, I’ve done more reading than I did in five years of schooling! It was huge. You know what yo u gave us, right? But the thing is that we were able to dissect a lot of information from that. And hence, we have the report that we do today. So, you know, that being said, I would just like to again thank them, SCARS, all the people who are involved. I would like to thank the fellow committee members. And we got passionate at times. I remember one afternoon, MP Cannonier and I, I thought we were going to come to blows for a m inute there we were so passionate. But, you know, it was a great experience wor king with everyone. And all I would like to say is that there is still much work to be done. There is much work to be done. And I look forward to our pushing and being a part of some of the changes that I know that SCARS are dying for us, as legislators, t o bring to this House and make the changes for them. The only thing that I would like to finish on, and I know that SCARS were looking at doing, was a purpose- built facility. And I do not know where that ended up, because I know we had a change of go vernm ent. But one of the things that we should be looking at, Mr. Speaker, and we can talk about this more as this report unfolds and as we change legislation, but we do have to seriously consider a purpose- built facility where, you know, victims can talk to the pr ofessionals in a setting that makes them feel comfort able and makes them then feel, Okay. All right. I can express myself a little bit. I can reveal some of the things that have happened. And they have the right people there to assist them. Because whe n a child is abused, it is a life sentence. It is a life sentence! And we have to do all we can to prevent it. And the ones who slip through and are abused . . . we need to do 3152 10 August 2018 Official Hansard Report
Bermuda House of Assembly everything that we can to help them for the rest of their lives. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Now I will recognise the Honourable Member Cannonier.
Mr. L. Craig CannonierYes. Thank you, thank you, Mr. Speaker. I also echo the sentiments of thanking our chairman, Renee, for the fine job that she has done; Sierra for reminding us [we] have got a meeting. Some of us, like myself, would forget that we had got a meeting. This is a …
Yes. Thank you, thank you, Mr. Speaker. I also echo the sentiments of thanking our chairman, Renee, for the fine job that she has done; Sierra for reminding us [we] have got a meeting. Some of us, like myself, would forget that we had got a meeting. This is a pretty sobering subject, Mr. Speaker , sobering for me because it became very clear that, for many Bermudians, and I would dare say the majority of Bermudians —and I am not going to hold back on some of my words on this particular subject —we have stuck our heads in the sand on this matter! And I know it has taken a while, and Debi and Jon and SCARS, I want to thank you for coming out this evening and being patient. I want to thank you for your long- suffering and your dedication to our young people, our vulnerable people in Bermuda who truly need an organisation like SCARS to bring about an awareness of what really is going on. On page 7 of the report that we have, there is another stark reality that we must face as Bermudi-ans. And that reality is this, quoted on page 7, “Unfortunately, we must accept that we have ‘Monsters’ amongst us.” As I said, I am not going to bite some of my words here. We have monsters in this Island who are preying on our young women, girls, and our young men, boys —preying on them! And because we are a small community, and I dare say much of why a lot of the incidences are not reported is because of the fact that we know who the perpetrators are. The families know. The churches know. The schools know. But yet, as we sat in this organisation, trying to pull things t ogether, this organisation really —well, the JSC [Joint Select Committee] group was really about this rec-ommendation for a public register. But what we found out as being on this committee is scary! Just outright scary that we have these kinds of monsters in the numbers that we do, right here in our beautiful shores called Bermuda. And to learn of the reasons why many times it is not reported or just kind of pushed under the rug, I recognise that there are extreme vulnerabilities in this community, and that there ar e many of us who require help—psychological help, physical help, group help, to help heal scars that are already there and also to pr event these kinds of things from happening. And so, we can no longer, as I said already, stick our heads in the sand and s ay, It doesn’t happen in this wonderful place we call Bermuda. And the reason I say that is because the other day I was running an errand for my wife, picking up a package. And I was, oh, five minutes late. And I apologised for being five minutes late to t he lady whom I was picking it up from. And I was just explaining to her that I had been to a joint select committee meeting. And as the Honourable Member Zane De Silva said, you know, it got heated sometimes. And as our chairperson has said, Renee, this was a very emotional ride for many of us—all of us, actually —to go through , because all of us have kids or are related or know someone who has been affected by an abusive situation. And so I said to the lady, I apologise for the time, but this is the commit tee that I was on, and, you know, we got going and we went a little longer than anticipated. And she said to me—and this lady is the same age as me. She is in her 50s, mid -50s. And she said, Mr. Cannonier, to this day I have problems even when my husband j ust sometimes hugs me because of the abuse that my sisters and I went through. Now, what shocked me was more so that she mentioned her sisters had gone through the same thing! And she walks around, and you would not even know that this has happened to her. And so, when I go back to the statement that, unfortunately, we must accept the fact that we have monsters amongst us, I am using this term “ monsters ” because I need to ensure that we as a committee drive home to the public and to all of the legislators in here that this is an ugly thing that is going on! How many times do we, you know, concentrate on our young women that this happens to? But we are now seeing more and more cases of where our young men are being abused and taken advantage of. And so, I recognise that we have a challenge on the Island. But I also want to say that after having done the SCARS training . . . and Debi and Jon will know that amongst those of us who were there taking it I was having a rough time. In fact, I was like, Look. You need to stop that video. I can’t take too much more of this here. A real problem with the fact that people could be so ugly, just unbelievable! And I took a m inute to try to digest , exactly, how does one fellow human being do this to another? How do we get to that point? I recognise that we are creating monsters. And so, the question is, we have got to understand and figure out how to avoid creating the monsters in the first place. And that is some of the stuff that I was grappling with as I was going through the training, because I still do not know what that answer is. How do we not create these monsters? And then into the trai ning, to understand and to hear that psychologists and the likes are saying, doctors are saying, Well, look ; there’s no cure. And I am even more perplexed now! Because Honourable Member Zane, he wants to take them fishing. And I am not sure that is the solution! It started to sound like sense to me. If we cannot figure out how we are creating them, and then at the same time there is no cure, I am like, Well, maybe fishing is a good idea. I say it in jest, and we
Bermuda House of Assembly can chuckle about it. But I know that you understand the severity of what is going on. We are taking away kingship and queenship from our young people before they even know what this world is about! And so, we have got to do a better job in the support groups. And what was that thing? I am sorry, Chairman. Power of three? What was it called?
[Inaudible interjection]
Mr. L. Craig CannonierThe power of three. SCARS in this tr aining mentioned this thing called the “power of three. ” And I had never thought about it in the context of my grandson. And I have got a granddaughter who, you know, after school . . . my grandson is eight, and …
The power of three. SCARS in this tr aining mentioned this thing called the “power of three. ” And I had never thought about it in the context of my grandson. And I have got a granddaughter who, you know, after school . . . my grandson is eight, and he likes football and cricket. And we are coming to pick him up, and we might be a couple of minutes late to go and pick him up. And he is there just with the coach. Well, that is a no- no. That is a vulnerable situa tion right there. So, the power of three says that there should be two adults and a kid, or at least two kids and an adult s o that there is some form of recognition and protection that is there. There is some power in that three. I thought it was a fantas tic idea. I mean, I do not even know, Debi, who came up with that. But it is quite a fantastic idea that, even with our afterschool programmes, this should be i mplemented for our young people. It is a sobering thought that these monsters are amongst us. It brings me to the point that . . . and the recommendations that we have made. Our ch airwoman has aptly put them out there. But it is awar eness. And for me, that is the key , because we have not been willing to accept these situations. We have not been willing to accept that we have these monsters. And we have kept silent about it. And in k eeping silent about it, we have situations right now where people are incarcerated because they killed a minor. I know of a specific case where that happened. The public is aware; it was in the papers and the like several years ago. And so, we have got to ensure that the public is aware that there are vulnerabilities. We need to ensure that the public is aware of the reality that we have monsters. We need to ensure that the public is aware of how to protect our young ones as best we can, of what to do, and be not afraid to speak up. And, in the unfortunate circumstance that something does take place, there is support and there is help. Now, we have to do a little better in providing that support. And I will be saying to this Government, as they found , aptly , an opportunity to give money to a club, that I think we need to give some more money to an organisation like SCARS. This is our young people who need protection. They need guidance. We have parents who need to be aware of the vulnerabilities, par-ents who are already in an abusive situation who need to speak up. This has to happen! And what I have seen thus far with SCARS is that they are not afraid of the bogeyman. They are not afraid of the monsters that are out there. And so, we need to give them the support that is necessary —and I say “ necessary ” because it is. We can no longer continue to allow our young people to be robbed of a bright future. We just cannot do it. There are only a few of us right now, you know? You take into consi deration the fact that our birth rate is so low. Quite frankly, when you take away the foreigners who are here and the babies that they are having, quite frank-ly, we are at a negative birth rate. So, as a people, we are dying off. And then you couple that with all of the other issues that we have on the Island, social and the likes, we are robbing the few Bermudians that we do have of a bright future. And even in spite of that, even in spite of that, we thrive. We are smart, intelligent people! You can take a Bermudian, pick him up, close your eyes and throw him to just about any country, and I will guaran-tee you that boy or that girl, wherever they land, will make a statement. They will make a statement! So the seed of greatness is within us. It is born in us! It is in our genes . And we can no longer allow people to be robbing the few that we do have of that. And so I hope that as we move forward our Attorney General , in her wise counsel, will move forward in helping with this public register. I had a real tough time with the fact that we would make a register public. There were many reasons why, as I listened to some of the organisations speaking to us. But I understand fully that, in order for us to get to a point where we are aware, in order for us to get to a point whereby we are pointing out these things, this is going to be necessary. We do have a tendency of that small -town mentality of just sticking our heads in the mud and not wanting to talk about it. So, I am grateful for having been asked to be on this committee, bec ause I did not want to be on it, quite frankly. And I want to thank the frankness of the committee, actually, because it was very emotive. It was very difficult to separate your emotions when you were going through some of these situations, to putting some recommendations into place that were void of the emotions and that really were getting to the heart of the problem. I thank the Speaker. I thank the chairwoman. And thank SCARS. And I am even going to thank my old friend there, the Honourable Member Zane, for his tenacity in wanting to get this thing done. (He is not there right now.) But he was very vocal in so many ways. I enjoyed [Honourable Member] Fam ous, I know he is here somewhere, and some of the conversations that we had about this matter. And so, again, I believe that this is an opportunity for us to make a di fference in Bermuda, because Bermudians matter. We matter to the world. We are a phenomenon to the rest of the world, in the financial sector. We are a phenomenal people and have greatness born within us. 3154 10 August 2018 Official Hansard Report
Bermuda House of Assembly Let us not rob our young people by allowing the monsters that live amongst us to thrive in such a small community. Thank you.
[Mr. Hubert (Kim) E. Swan , Acting Speaker, in the Chair]
The Acting SpeakerThe SpeakerThank you, Honourable Member. The C hair recognises the Minister of Educ ation. Hon. Diallo V. S. Rabain: Thank you, Mr. Acting Speaker. The hour is long, and I will be brief. Mr. Acting Speaker, first I want to thank the committee for the hard work that they did put …
Thank you, Honourable Member. The C hair recognises the Minister of Educ ation. Hon. Diallo V. S. Rabain: Thank you, Mr. Acting Speaker. The hour is long, and I will be brief. Mr. Acting Speaker, first I want to thank the committee for the hard work that they did put in. It is a very diffic ult topic to talk about, what we brought to the fore today. But, Mr. Acting Speaker, I would be remiss if I did not get up and assure, reassure our parents who have students within our public education sy stem, and I want our parents to know that all of our new teachers who get initiated—all of our teachers go through a two- year training programme before they are deemed ready to be certified as teachers. Part of that two- year training process is that they do have to be SCARS certified. And this has been going on for quite some time now, as well. I also want to reassure our parents and let them know , by way of a Ministerial Statement I made about a month and a bit ago, that we are looking at our leave policy. And we plan to have new procedures and policies in place. And part of that is of paramount importance, talking to the Department of Child and Family Services , to ensure that our children are pr otected to the fullest of our abilities. Lastly, Mr. Acting Speaker, we have also planned—and this is something t hat started at the beginning of the year —going into the new school year, we will be having professional development courses for the teachers who are currently in the system. And part of that professional development course will be SCARS training. And that is looking forward to be put in place. So, I just wanted the public and our parents to know that this is a topic that we take very seriously. It is a topic that has been talked about for quite some time now. I am not sure when the interviews with . . . Well, I do not believe any interviews with anyone wit hin the Department of Education took place, but there have been interviews with counsellors who work in various schools. But there are plans and procedures in place to address some of the things that were men-tioned in the report, and that are already well in train. Lastly, a policy is being developed with ways in which certain offenders are handled, especially when we have offenders who have children within the schools. And it is a very delicate process that we have to go through, because when someone has been con-victed, served their time, did whatever it is they nee d-ed to do, we cannot just simply prevent them from seeing their children within our school systems. It is not just as simple as moving forward with that. There have also been things initiated between the Department of Education, the Attorney General ’s office and Child and Family Services that are about to get entrained to see how we can come about what happens in those particular cases, becaus e it is a very sensitive thing that needs to be handled very sens itively. And we not only have to take into account the children; we have to take into account the parents, the community, the school. And all of those things have to be taken into account. As I said, we have already started to walk down that path and develop what needs to be developed, moving forward into the f uture, Mr. [Acting] Speaker. But, again, I want to commend the committee for the work that they have done. And I am quite sure that rec ommendations will be taken under advisement as we move forward with this particular topic in the future. Thank you, Mr. [Acting] Speaker.
The Acting SpeakerThe SpeakerThank you, Minister. The Chair recognises the Member from constituency 4.
Mrs. Tinee FurbertThank you, Mr. Acting Speaker. I firstly would like to acknowledge former MP Suzan n [Roberts -]Holshouser, who is on the record as being very passionate about her support for a sex of-fender registry. And she spoke out bo ldly in regard to this register . So, I want to …
Thank you, Mr. Acting Speaker. I firstly would like to acknowledge former MP Suzan n [Roberts -]Holshouser, who is on the record as being very passionate about her support for a sex of-fender registry. And she spoke out bo ldly in regard to this register . So, I want to thank her for he r continuous support with the sex offenders register. But I just want to pick up some of the quotes that are in the report. And it says, one of the quotes is, “Everyone suffers when a child ( or adult ) is sexually abused .” An iss ue uncomfortable to talk about. Our common goal with this report has always been to pr otect our children from the dangers of child sex abuse and the long- term effects that it has on individuals and families. We often discuss things that we can put in place to prevent things from happening. So we are hoping that this is something that is a preventable policy that we will continue to push forward with. Criminal behaviour affects a community, not just one person, Mr. Acting Speaker, and hurt s people. Once som eone is sexually violated they do not know if they should tell somebody because of the fear of being reprimanded. They are led down a cycle, a road of secrecy. You question whether or not it was your fault. You are scared, you are confused, you feel alone, unprotected, and you feel unsafe. It affects your relations with others and with yourself. And some may question even their sexual identity. For children and persons with disabilities who are vulnerable and have not even had the chance to understand what is a violation or not , persons with disabilities , or not , are sometimes sucked into feeling they owe someone something and are led to believe that this particular
Bermuda House of Assembly person cares for them because nice things are done for them. Mr. Acting Speaker, violation and sexual viol ation has a lasting effect on people. It leads to lack of self-worth, lack of self -confidence, depression, anxi ety, a sense of being lost, mental stress may often i ntroduce you to hav ing to self -medicate yourself with drugs or alcohol. And yo u are traumatised for life. As with certain life experiences that you go through throughout your life, it may come up again and you experience the whole traumatic event all over again. Our community is very concerned about sex offenders. They are very concerned about sex offender registries , as well. And we need to stop talking about it and do something now about it. I notice online, I came across an iPetition. And the iP etition reads , “There is no excuse or good enough reason why the Bermuda Public does not have a registered sex offenders list. The public has all rights to know who a sex offender is .” And this petition, Mr. Acting Speaker, garnered 576 signatures. In this world of social media, people are pos ting things. And they are making things public. People are sharing their “me too” messages. I read a quote. I read something that someone had posted, and it says, “Children are being interfered with by people in a pos ition of trust. And because of our close proximity to one another, we struggle to expose the offender wit hout being able to protect the victim. Parents think it is their fault. Other parents have too much pride. No one wants their child to be known as a sexual assault vi ctim. Everything is a hush- hush, and it is swept under the rug. And we protect paedophiles.” I congratulate these brave people who are out there who are sharing their stories, their “ me too” stories, and say thank you, because the world is a better place because of you. Throughout this report, the committee has identified a three- pronged approach, which has already been shared. Education, awareness and effective preventive measures; management of sexual offenders; counselling and support of victims and their families —which I totally support and say Well done! I agree that education and awareness are the key for the protection of our children. And SCARS has done an amazing job with education and awareness. But there were 7,000 people trained to date, and yes, I am SCARS trained. Thank you, SCARS, because the work m ust continue. No disrespect to SCARS or any organisation like SCARS, because we need SCARS in our life, but we must not assume, Mr. Acting Speaker, that b ecause someone is SCARS trained, your child is safe, as many organisations and people who work with children boast that they are trained. And we must continue to pay attention to the police checks and pay attention to the signs that SCARS teaches us, and ask questions, and always safeguard yourself and your children because offenders are very tricky. And I have worked in the prison with offenders. And they are very tricky and manipulative. And they themselves study and educate themselves on how to be a better offender. So, we must not take that for granted. Throughout the report, it became very alar ming to me that sex offenders have a choice in choosing their treatment. And I do believe, as I see the r esults as a rehab professional, that you get better outcomes when someone is motivated for the change and the reform. But there are some people who do not believe they need reform or rehabilitation, and we cannot allow sexual predators back into our community without attempting reform. We owe it to the safety of our children and to our community. And I support mandatory treatment while incarcerated. I also support access to treatment for sexual offenders over a lifetime, to encompass a therapeutic lifestyle. When not supported in any capacity, we run the risk of falling back to past behaviours. And, yes, proper categorisation is needed. We spoke of high risk, dangerous, medium risk to low risk. I had the opportunity to study a document that I found. I do not know if anyone is familiar with this. It is called the SMART document, Office of Sex Offenders, Sentencing, Monitoring, Apprehending, Registering, and Trackin g document of 2014. It is a global overview of sex offenders registrations. And, yes, Bermuda is i ncluded as a country that has laws governing sex of-fenders, registration and notification systems at the national level. And, believe it or not, Mr. Acting Speaker, there are still countries that do not have laws considering sex offenders registration and notification. More recently, when preparing for speaking about this report . . . I was away recently. And so, I thought I would look up sex offenders registri es we bsites. I found one. And it was a national one called Kids Live Safe. And the organisation was called Kids Live Safe. And it was not an easy website to access. You have to put your information in, who you are. But it was a national sex registry. And I had to enter the zip code of where it was that I was staying. So, I entered in the zip code. And over 4,000 names popped up of sex offenders who were registered in the proximity in which I was staying. I want to speak to the measures because, when we talk about sex offender registries, this one was not an easy one to navigate. For instance, it only would give me information about the area to which I lived in close proximity. And when the information came a little . . . when you went a little further, it di d not give you a picture. You had to then go in and re gister your information, I guess so that they could keep record of who you were and what you were looking for. And then you could get information in regard to names, pictures, aliases, offences, convict ions. And you also had to pay a fee to be able to access this information. So, measures or safeguards can be put in place so that we are protecting ourselves while trying 3156 10 August 2018 Official Hansard Report
Bermuda House of Assembly to get information, and that the information was not there for just everyone in the public to see. It was done in a particular location. So, I just wanted to share that, because it was not a breeze to get the information. It was interesting to know that reported child sex abuse cases have grown in Bermuda from 2011 to 2014. And it is sad. And it is even sadder that many more have gone unreported. And I would just like to share a minor experience of, you know, not going and reporting things. Some mornings I go out and I walk on the track. And this particular morning, I was running. And a lady was running towards me. And then when she saw me approaching, she stopped and she walked really fast. She started to walk. So, I said, Oh, that’s strange. Why did she stop like that and just walk? Anyway, I continued to run. And then I got a little furt her. And there was a gentleman. And he flashed me! And then I put twoand-two together, and I said, It’s interesting that maybe the lady before me saw the very same thing, and she didn’t say anything to me. But I also didn’t report that, either. So, we do things, Mr. Acting Speaker. And we talk about cases that go unreported? Well, that is an example there of something that could have been reported, but was not reported. So, we have to encourage more reporting and the importance of repor ting these sorts of instances. I also support the recommendations of the joint select committee, and I thank all of the committee members who participated. And I plead with our Government not to waver on this. We could have protec ted so many more. Also, please activate and ex pedite the change of the language “Intercourse with defec-tive” in the Criminal Code Act. The use of the word “defective” is inhumane and demoralising. “Disabled” is the term, and to sit in court to hear the “defective” term interpretation, I am sure, would make you feel assaulted and violated all over again, particularly in this 21 st century. So, with that, Mr. Acting Speaker, thank you.
The Acting SpeakerThe SpeakerThank you, Honourable Member. The Chair recognises the Member from constituency 23.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Acting Speaker. Mr. Acting Speaker, this topic is not just ser ious and a blight on our community, it is also distres sing, because there are times when, as adults in our community, we understand and recognise our responsibility to our children to be able to protect …
Thank you, Mr. Acting Speaker. Mr. Acting Speaker, this topic is not just ser ious and a blight on our community, it is also distres sing, because there are times when, as adults in our community, we understand and recognise our responsibility to our children to be able to protect them to the best of our ability. And, sometimes, matters and situations occur almost under your nose, and you do not even recognise that things could be happening, b ecause a child, in its innocence, notwithstandi ng trai ning and what they may have been told, may not feel it is sufficiently comfortable to share some of the negative experiences that they may have had. I cannot imagine the angst that must have been experienced by members of the committee in having to delve into this topic and be able to expose and share with people who are more experienced in areas that would impact the necessity for having a register. I cannot imagine what they would have gone through, because some of them would have been experiencin g these exposures, some for the very first time. This is foreign. And I think very recently, I would think it was a year or two ago when we had some very prominent people in our community who were willing to stand and say, I had an experience as a youngster by someone in a position of trust. And it has impacted me. And that situation impacts not just the victim; clearly, the offender, because being left (a) undetec ted, and (b) un- rehabilitated just created so much pain for so many people for so long. I ack nowledge the work of the committee and thank them for it because, as I said, it could not have been an easy thing to do. I did want to point out a couple of things in their recommendations. When we talk about, on page 12 of the report, “Not everyone we consulted supported a public sex register as they are confident that the protocols currently in place if utilized effectively can work. They are of the belief that supervision and monitoring are key to preventing reoffending, not a public register.” Now, I will point out that, certainly, when we were the Government, our entire team were required to be SCARS trained. And I think that when you have the exposure in that kind of experience to let you know some of the trauma and some of the horrors that can befal l someone, a victim of sex abuse, it kind of makes you a lot more acutely aware of our respons ibilities to our community. When somebody says, I don’t believe that a public register is appropriate, let me just say that I have heard these comments, talking about lingering effects of negative exposures over years and years and years of time as a race of people, with a way of somehow, I would not say justifying , but minimising the necessity for a public register. I have heard the situations that could occur in which even I would think that having a name on a public register may not be appropriate. As you look at situations in which you have young teenagers, and the passion of their encounters at 15 and 16 years old, when their activity might be deemed to be lew d and lascivious in the eyes of the law. One can understand that raging hormones at the age of 15, notwithstanding the illegality of it, can perhaps be explained away as the growing- up process. And things like that happen. I can speak to that from experience. What I will never be able to understand is when you have a significant age disparity, when you have an adult who is not a 16- year-old having rel ations with a 17- year-old, and because of the difference in the legislation one may be legal at 16 and the other
Bermuda House of Assembly one is not legal until 18. So you have got situations where, you know, if the roles were reversed, you have two people who could actually be performing criminal acts and would be subjected to having their names put on a sex register, and perhaps ruin ing them for life. Whether that is an appropriate way of ensuring that their activities are shown to be unacceptable, but yet showing a certain degree of compassion in that closeness of chronological age, that it is not as horrendous as a 20– 25-year old, or whatever age, high teens, molesting a child. There is a difference. And I think that when you have that situation, I do not think there is any person who would want to stand in the way of a public register that effectively says to somebody who is looking to, effectively, m olest a young child . . . there is nobody who is going to stand in the way and say, I want to protect the perpetrator. Because it is the child, it is the victim who needs the protection. And we, as a responsible soci ety, have the obligation to ensure that our society is protected. I want to just read something, if I may, with your permission, Mr. Acting Speaker.
Mrs. Patricia J. Gordon -PamplinFrom a 29- yearold who . . . I am just going to read it as it is. This pe rson says, Twenty -nine years ago, I took my first breath. So this is a 29- year-old. Twenty -four years ago, I lost my first loved one. So, at the …
From a 29- yearold who . . . I am just going to read it as it is. This pe rson says, Twenty -nine years ago, I took my first breath. So this is a 29- year-old. Twenty -four years ago, I lost my first loved one. So, at the age of five, he suffered death of some description. Twenty -two years ago, and he was then se ven, I was first sexually abused. Twenty years ago— he would have been nine—I first contemplated suicide. Eighteen years ago, I first did drugs. That would have been at the age of 11. Seventeen years ago, I first got diagnosed with depression. Fifteen years ago, I first got expelled from school. Fourteen years ago, I first accepted love. Thirteen years ago, I first got arrested. Twelve years ago, I first attempted suicide. Eleven years ago, I fi nished my first rehab. Ten years ago, I attended my first college. Eigh t years ago, I started my first bus iness. Six years ago, I first considered living until thirty. Four years ago, I first realised I was capable of success. Three years ago, I first realised that I won’t commit myself to settle. This year, I finally learned to let go of the past. Today I am grateful for every single person who has kept me alive for this long. A 29-year-old, the horrendous experience and the legacy of that experience, where I think they were so ingrained that we could have, conceivably, lost a young person through either doing drugs, self - medicating (as the Honourable Member indicated), or attempting suicide at a very young and tender age, because of the experience of a seven- year-old having been sexually abused, having those lingering cha llenges and having to live with that horror in all of those formative years. Can anybody tell me that we can honestly have anybody who deems it to be inappropriate to have a public register of sexual offend-ers? I do not know how this will come out. Obviously, the legislation relating to this would have to go through its normal courses. We have certainly heard the passion, and we have heard the contributions of the committee, the joint select committee, on hig hlighting the necessity for a public sex offenders regi ster. And we have to thank SCARS for their role in the community, the role that they play. If you look on page 6 of the report, Mr. Acting Speaker, “Most sex offenders are known to their victims . . . 30% of child sex offenders are family members, or rel atives . . . 50% – 60% of child sex offenders are persons in a position of trust . . .” And that is what we saw coming out in the public arena with the high- profile case to which I r eferred a little earlier. “[Ten per cent] of offenders are strangers.” So you have some people who are extremely perverted in their thought processes, who may not have even have been caught. They may not have a history of having been incarcerated, or they may just be perverts who hang around wherever children might be. And we, obviously, have a responsibility to keep our eyes open. And that is where the power of three is key. It is important. We have to be able to explain to our young people the dangers that they can face, the importance of not finding themselves alone, under any c ircumstances, when they are in vulnerable- type positions. You have, you know, club teams. You have got young players. You have got coaches. And some of them, as much as the majority of our coaches are concerned, they are caring, they are nurturing of our c hildren. There are some who will put themselves in a position because they know that this would be where they can find their victims. For somebody to have to deal with this kind of negativity as a result of experiences for such a long period of time, over a 17- or-so-year period of time, maybe even longer than that —a 24- year period of time, 25- years —that is something that we have to pr otect against. And our children need to know that not only can they go to Mommy and Daddy, because some of them may not have that comfort level, but there is a teacher. There is a coach. There is a neig hbour. There is a relative, a cousin. There is somebody whom that child can trust. And we have an obligation to try to bring out those comforting engagements with our young peopl e, to say, Let me know if anything happens to you. You know that Mommy told you, do not allow anybody to touch you inappropriately. We have to have those conversations with our young people. Because as my honourable colleague, the Honourable Member from constituency 12, indicated, we have monsters in our 3158 10 August 2018 Official Hansard Report
Bermuda House of Assembly midst. We have to protect our children from the monsters in our midst. I hear the call of the chair of this committee inviting Members of the House to consider SCARS training. She was quite pleased to note that her committee had all subjected themselves to SCARS trai ning. And certainly, as I said, when we were the Go vernment, our entire team were responsible. We just subjected ourselves . . . I would not even say subjec ted ourselves , availed ourselves of the opportunity to have the SCARS training so that we could be in a position of assisting when assistance was necessary. I would encourage and invite every Member who has yet to do the training to do so. It is critical. The honourable chairman indicated that we will have an exposure by somebody, if not in our family, som ebody in our constituency, somebody in our communi-ty, somebody whom you know, somebody whom you do not know. But you just might be that comforting, calming voice of encouragement and support to some child who has nobody else with whom they can share the horrendous experiences of which the members of this committee had the horror of having to listen to. So, Mr. Acting Speaker, I support the report. I look forward to the enabling legislation, when recog-nising that a tiered system is certainly one that is better than just saying, Oh, no. We live in a small community and we want to make sure that we don’t nega-tively impact somebody because, you know, ever ybody will know who it is walking down the st reet. Well, you know, if we have perpetrators who do not get the necessary treatment, and nobody knows that they are there, and they are left to re- offend and re- offend and re-offend, how many other young people are going to be indelibly ruined for the res t of their lives because we have failed somehow and we want to protect the perpetrator? We cannot do that. We cannot do that as a community. We will not know every perpetrator who m olests every child. But we can certainly endeavour to ensure that no child gets molested. And let the perpetrators . . . let their treatment go as they will. When they are in prison it should not be optional. And I ap-plaud the committee for making the recommendation. It is not optional to get treatment. While it is a stated fact that some perpetrators are not able to be rehabil itated, that paedophiles . . . it is a sickness that is there that is ingrained, and somehow, sometimes they may not be able to be helped. But I cannot believe that we can go through and say, We don’t have to know who they are because we don’t want to ruin them and their reputation, and Bermuda is a small community. Yes, it is a small community. But my concern is that, to the extent that we fail, we are going to have people taking law into their own hands. You tell a parent, you tell a father that their child has been moles ted. You know, this man’s precious daughter has been molested by some vile individual in the community. And you are saying you cannot . . . ? That father is going to find out who has hurt his baby. That daddy is going to find out. And that is when you start seeing vigilantes. That is when you start seeing vigilantes. So, the important thing is to ensure that we do all that we can do. Make ourselves aware, make ourselves aware and protect our children as best we can so we can avoid the negative fallout of any experience that our children might have. Thank you, Mr. Acting Speaker.
The Acting SpeakerThe SpeakerThank you, Honourable Member. The Chair recognises the Member for consti tuency 11. Mr. Famous, you have the floor.
Mr. Christopher FamousGood morning, Mr. Acting Speaker. I will not be long because we have got the motion to adjourn coming. [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
Mr. Christopher FamousMr. Speaker, this is the Robin Hood corner. And we stick together in this corner. So, basically, anybody in this corner says, Hey, I need you to do this, that and the other, you do it. So, when MP Renee says, Hey, I need you to be on this committee, …
Mr. Speaker, this is the Robin Hood corner. And we stick together in this corner. So, basically, anybody in this corner says, Hey, I need you to do this, that and the other, you do it. So, when MP Renee says, Hey, I need you to be on this committee, I am like, Yeah, yeah. Cool, no problem. I got you. Then afterwards, I am like, Hey! What committee did I just sign up for? So, at first I was like, Hmm. What am I doing on this committee? Then, after the first meeting, I am sitting there, and we are going through what had been done prev iously, what we are trying to achieve, all under the guidance of the chai rman and Ms. O’Meally, from Somerset. And along the way, what I learned changed my mind and changed my heart forever. We learned about a fraction of the number of persons who are abused, because we would never know all who were abused. But one person is too many. We learned about the number of abusers. Again, one is too many. We learned about the lack of proper rehabilitation. We had someone who had worked in the Department of Correct ions tell us that he had situations where persons who were offenders who were in mandatory classes may have done a class at the beginning of their sentence, been there for four or five or six years, and did nothing before they got out. We also learned that , while in that class, which was a group setting at times, one offender was learning skill sets from another offender. So it became almost like this feeding ground of sexual offenders. We also learned ways to put prevention in place. Most of my colleagues from both sides spoke about that, so I am not going to elaborate on that too long, Mr. Speaker. You see, Mr. Speaker, when we were given the recommendations, draft recommendations, I read through them. I read through them and I said, This is pretty comprehensive. There was not much I could
Bermuda House of Assembly add. Then I saw something that I insisted was added. And my colleague obliged me. I insisted, Mr. Speaker, that every MP and every Senator, anybody who is used to represent this country, needs not only to be SCARS traine d, but to be vigilant. Let me tell you why, Mr. Speaker. During canvassing, I went to a house maybe about two minutes away from my house, knocked on the door. Hey, blah- blah- blah. No, brah, I’m not for PLP. Okay, no problem. But I could cut your hair. I am like, No, that’s cool. It’s all right. I’m bald already.
[Inaudible interjections and laughter ]
Mr. Christopher FamousYeah. I mean, he was not voting for me, so why should I let him cut my hair? Anyway, so I paid it no mind. And on July the 7th, I was in Jamaica with the Honourable Premier. I was going through the news to see, okay, what are the …
Yeah. I mean, he was not voting for me, so why should I let him cut my hair? Anyway, so I paid it no mind. And on July the 7th, I was in Jamaica with the Honourable Premier. I was going through the news to see, okay, what are the OBA up to now? And I see headlines that said, “Man admits historic sexual assault of girl .” I am like, Wow. Why would somebody admit that after all this time? I read it. This is in the paper. “A 72- year-old man yesterday admitted sexually assaulting a young girl more than 40 years ago.” I will not call his name. Anybody could read it. But this is the same guy that lives two minutes away from my house. And it struck me then, or made it even clearer, that as MPs, all of us, no matter which side you are on, we canvass the whole Island. But we are respo nsible for the entire constituency. And when we learn about sexual abused persons or those who are the abusers, they do not come from North Rock. They come from . . . I will not say what parish or whatever. But they come from any one of these 36 constituencies. So, on any given day, any one of us as MPs can possibly encounter a victim or a victimiser. And the m ore we are in tune to what are the signs, we may be the ones who, just like our constituents call us and say, Oh, well, I need somebody to cut my tree, or somebody to help me pay my groceries, the day is going to come when somebody is going to call and say, My child just got sexually abused, or I got sexua lly abused. And we, as the MPs, need to know how to, in that case, be the first responder. Do not go to them and say, Are you sure? No, it didn’t happen. That is the most wrong thing to do. But that only c omes through training. On the flip side, Mr. Speaker, I have a friend, a highly educated person. And today, a text was circ ulating about a situation that allegedly happens. A person who texted me basically broke down and cried and said, This happened to me, as well ( not the same person). It happened to them while they were a child. It happened to them while in a professional setting. So, we have to understand that, although the remit of this was originally about child sexual abuse victims, there are adult victims as well. And again, I say, before going into the recommendations, my call is to my fellow colleagues to initially get SCARS training, but be more sensitised to what sexual abuse has done to this country. You see, Mr. Speaker, as leaders, we eventu ally, as I said, run across a victim or an abuser. And some people are going to be traumatised. I mean people who hear the news, they are going to be traumatised. When you are elected to be a leader in this country, in doing so, when legislation is put for ward by the Attorney Ge neral, some of the recommendations that we should ensure are comprehensive screening of individuals caring for children, ensure that parents are educated to identify signs of sexual abuse. Ensure that there are professional assessments prior to prisoners being released. And ensure that victims and their families know in advance when prisoners are released. Mr. Speaker, in closing, I want to thank MP Renee Ming for putting me on this committee. It was hard. I have three children; I ha ve three daughters and a granddaughter. And if anybody ever sexually abused them, you will see me in orange. But what I am saying, Mr. Speaker, is this here. It is just as i mportant as balancing the budget, diversifying the economy, tackling racism and get ting our education system sorted out. We have to get this sorted out because if we have not, we have failed our people. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We now recognise the Honourable Member Swan, from constituency 2. Honourable Member Swan, you have the floor.
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, I would just like to join with other Members who have thanked MP Ming and her com-mittee for the work that they have done since your committee was constituted, Mr. Speaker.
Mr. Hubert (Kim) E. SwanMr. Speaker, I just, in r eflecting, would like to also thank the late Kim Young, whom I worked very closely with and spent a fair amount of time with, politically, at one time, who I knew cared deeply for young people, had concern, wanted very much for the Children …
Mr. Speaker, I just, in r eflecting, would like to also thank the late Kim Young, whom I worked very closely with and spent a fair amount of time with, politically, at one time, who I knew cared deeply for young people, had concern, wanted very much for the Children Act to come into effect. Former Member, Mrs. Roberts -Holshouser, as well, was mentioned by MP Ming; and my colleague, MP Ming . . . three ladies whom I have had the opportunity to work very closely with. And MP Ming I work very closely with now. I want to thank them and thank MP Ming for continuing on in the Legislature in this vein. It is important, necessary work. 3160 10 August 2018 Official Hansard Report
Bermuda House of Assembly In my role, Mr. Speaker, as a radio personality of recent, about two years ago, maybe a year and a half ago, a number of things of this nature were taking place. Revelations were coming out. I was on the R adio in the Sports Zone, sitting in for Mark “Burger” Jennings for several weeks. And one of my co lleagues who is very well -known in sport approached me and members of the hierarchy of the station to say that he wanted to share his story, and he wanted to share his story with me. And we talked. And he went on air with me. And I listened. Bermuda listened. And if anyone was tuned in on the Internet, they also heard. And it certainly brought to mind what the Ho nourable Member from constituency 23 (as I sat in the Chair) was reflecting on, Mr. Speaker. And she related the story of the 29- year-old and recounted the time frame of that experience. This gentleman who shared his story is 10 years older than me. I am 60, going 61 this year. He would have turned 70 this year, turning 71 the early part of next year. He told the st ory of when he was young. He felt the need to tell the story of when he was young.
Mr. Hubert (Kim) E. SwanAnd so, as the Honour able Member was recalling about the person who was 29, and in the circumstances of a very small society of Bermuda, with all of the social problems that have gone on prior and have accelerated in recent years, as one who has always spoken on …
And so, as the Honour able Member was recalling about the person who was 29, and in the circumstances of a very small society of Bermuda, with all of the social problems that have gone on prior and have accelerated in recent years, as one who has always spoken on social issues, I would say that it is probably more than necessary now, and most expedient, which is a word that is always used when we bring legislation forward. It is expedient that we do this. And I just want to congratulate the work of former Member of Parliament, Mr. Brunson, and the team of SCARS, who are bringing forward the educational component of this to assist in making it possible for persons who have had those experiences to gain the courage that they probably did not have in many years of suffering in silence, but, notwithstanding that, to look at the prevention, which is worth a pound of cure. And so, Mr. Speaker, I just want to concur with what all Members have said prior, that the work of the committee was most difficult and, as MP Ming has told me herself, very challenging, personally. And she has spoken on the floor of this House before from the perspective of a mother. And I appreciate that, and I appreciate her work and that of her committee. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? No other Honourable Member? Member Ming, w ould you like to give a closing response? Mrs. Renee Ming: Mr. Speaker.
Mrs. Renee MingI was carefully trying to make sure that I listened to my colleagues who have spoken. And I did not have many questions that were asked of me with regard to this. But there were some co mments that were made, and I did make a few notes. And I …
I was carefully trying to make sure that I listened to my colleagues who have spoken. And I did not have many questions that were asked of me with regard to this. But there were some co mments that were made, and I did make a few notes. And I just wanted t o comment on a few of them. One of them was, I wanted to thank the Mini ster of Education for his update, because there was a part of the report that touched on that. And I think that we can rest assured that this Government will make sure that our children are safe and that we dutifully put in place the policy and any processes that needs to happen. So I was very happy to hear that that is something that was already happening, although it is mentioned in our report. (I do not know where the Mi nister is, bu t . . . oh, he is here, right here. Yes.) So I was thankful to hear that. There were such things as, I think one Member mentioned traumatised for life. Someone else said that it is scary. Someone else said, We cannot stick our heads in the sand anymore. Someone else spoke about people hurt. Someone else spoke about so many stories. And so, what you had tonight, Members, was sort of a taste of what we had for seven, almost eight months. And so I hope and I pray that what you heard is enough for you to appro ve the recommendations —not just approve, but throw your support behind it as we move forward, hopefully, with this report. Mr. Speaker, somebody actually sent me a message that asked, What is SCARS? So I wanted to make sure I said to that, Saving Children And Revea ling Secrets. And I think that SCARS, in itself, has become sort of like a household name that we forget, sometimes, that it actually stands for that. And I wanted to make sure I said it: Saving Children And Revealing Secrets.
Mrs. Renee MingSo, I look forward to assisting my colleagues, those who would like to be SCARS trained, in any way that we can to get that done, because like you said, we are on their doorsteps. We are their leaders. And we just never know when we w ill encounter, whether …
So, I look forward to assisting my colleagues, those who would like to be SCARS trained, in any way that we can to get that done, because like you said, we are on their doorsteps. We are their leaders. And we just never know when we w ill encounter, whether it be a victim or the other side of it. Someone did make mention that sexual offenders can be tricky and prey on them, and it is funny because we did not go into depth in our report on that, but there was an instance whereby it is actually called a convicted sexual offender not just preyed on the victim, but preyed on their families. And they were families from . . . And if you think of it from an ec onomic standpoint, it could definitely . . . and it did become another horrific situa tion. And so, it opened up
Bermuda House of Assembly another can of worms in that you have victims, and you also have these who, in some cases, were pre ying on them for years, almost just waiting for that right opportunity. So, I thank my colleagues for all of the comments that w e heard here today. And like I said, I not only look forward to your approval, but I look forward to your support. Thank you, Mr. Speaker.
An Hon. Member An Hon. MemberHear, hear! [Desk thumping]
The SpeakerThe SpeakerThank you. Members, we would now like to put the m otion. Ms. Ming, if you would read your motion again, and then we will put it for a vote.
Mrs. Renee MingI move that the House do now take under consideration the following Motion, notice of which was given on the 27 th of July 2018: BE IT RESOLVED that this Honourable House consider and approve the “ Report of the Pa rliamentary Joint Select Committee on t he Necessity for …
I move that the House do now take under consideration the following Motion, notice of which was given on the 27 th of July 2018: BE IT RESOLVED that this Honourable House consider and approve the “ Report of the Pa rliamentary Joint Select Committee on t he Necessity for a Public Sex Offenders Register and Other Pert inent Matters Relating to Convicted Sex Offenders ” together with the recommendations containe d in the Report.
The SpeakerThe SpeakerAll those in favour, say Aye. AYES.
The SpeakerThe SpeakerThose opposed? No opposed. The matter has now passed. It was approved, voted on and been approved. [Motion carried: The Parliamentary Joint Select Co mmittee Report on the Necessity for a Public Sex O ffenders Register and Other Pertinent Matters Relating to Convicted Sex Offenders together with the recommendations contained …
The SpeakerThe SpeakerThat actually brings us to the end of the items that ar e on the Order Paper. But before we move on next, I will call on the Honourable Member, Mr. Simmons, to put the three readings for the Private Bills.
Mr. Scott SimmonsI move that the following Pet ition, together with the Report of the Joint Select Committee on Private Bills, which was presented on the 10 th of August 2018, be now considered. The Petition of the Bermuda Society for the Blind requesting the enactment of a mendments to its incorporated …
I move that the following Pet ition, together with the Report of the Joint Select Committee on Private Bills, which was presented on the 10 th of August 2018, be now considered. The Petition of the Bermuda Society for the Blind requesting the enactment of a mendments to its incorporated Act and the Petition of Young Life in Bermuda, requesting the enactment of the amendments to its incorporated Act.
The SpeakerThe SpeakerAre there any objections? Agreed to. Continue on. PETITIONS BERMUDA SOCIETY FOR THE BLIND AME NDMENT ACT 2018 YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018
Mr. Scott SimmonsMr. Speaker, I move for leave to introduce and read for the first time by their titles the following Private Bills entitled: the Bermuda Society for the Blind Am endment Act 2018; and the Young Life in Bermuda (Change of Name) Amendment Act 2018.
The SpeakerThe SpeakerAre there any objections? Agreed to.
Mr. Scott SimmonsMr. Speaker, I move that the prayers of the Petitioners be granted and to give effect thereto, that , without prejudice, leave be granted to bring in the proposed Bills reprinted to accord with the recommendations of the Joint Select Committee on Private Bills for the Amendments thereof.
The SpeakerThe SpeakerAre there any objections to that m otion? None. Agree d to. Then the necessary certificates have been furnished. Mr. Simmons, you can continue. PRIVATE MEMBERS’ BILLS FIRST READINGS BERMUDA SOCIETY FOR THE BLIND AMENDMENT ACT 2018 YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018
Mr. Scott SimmonsMr. Speaker, the two Private Bills are hereby read for the first time by their titles only: the Bermuda Society for the Blind Amendment Act 2018 and the Young Life in Bermuda (Change of Name) Amendment Act 2018. 3162 10 August 2018 Official Hansard Report Bermuda House of Assembly I …
Mr. Speaker, the two Private Bills are hereby read for the first time by their titles only: the Bermuda Society for the Blind Amendment Act 2018 and the Young Life in Bermuda (Change of Name) Amendment Act 2018. 3162 10 August 2018 Official Hansard Report
Bermuda House of Assembly I move that under the provisions of Standing Order 33(7)(a), the remaining stages of the said Pr ivate Bills be undertaken forthwith.
The SpeakerThe SpeakerAre there any objections? None. Agreed to. Continue, Mr. Simmons. PRIVATE MEMBERS’ BILLS SECOND READINGS BERMUDA SOCIETY FOR THE BLIND AME NDMENT ACT 2018 YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018
Mr. Scott SimmonsYes. Thank you, Mr. Speaker. I move that the said Private Bills be now read the second time in the House by their titles only: the Bermuda Society for the Blind Amendment Act 2018; and the Young Life in Bermuda (Change of Name) Amendment Act 2018.
The SpeakerThe SpeakerAre there any objections? No objections. Agreed to.
Mr. Scott SimmonsMr. Speaker, I move that the clauses and preambles of the said Private Bills be approved.
The SpeakerThe SpeakerAre there any objections? No objections. Agreed to. PRIVATE MEMBERS’ BILLS THIRD READINGS BERMUDA SOCIETY FOR THE BLIND AMENDMENT ACT 2018 YOUNG LIFE IN BERMUDA (CHANGE OF NAME) AMENDMENT ACT 2018
Mr. Scott SimmonsMr. Speaker , I move that the two said Private Bills be now read for the third time in the House by their titles only, and passed. Their titles are the Bermuda Society for the Blind Amendment Act 2018 and the Young Life in Bermuda (Change of Name) Amendment Act …
The SpeakerThe SpeakerAre there any objections? None. Agreed to. The said Private Bills are now passed. [Motion carried: The Blind Amendment Act 2018 and the Young Life in Bermuda (Change of Name) Amendment Act 2018 were read a third time and passed. ]
The SpeakerThe SpeakerWe will now do the third readings on the Bills that were done earlier today. And the first one would be [Order] No. 1 on our Order Paper, which would have been the Bermuda Monetary Authority Amendment (N o. 2) Act 2018. Premier. SUSPENSION OF STANDING ORDER 21 Hon. E. …
We will now do the third readings on the Bills that were done earlier today. And the first one would be [Order] No. 1 on our Order Paper, which would have been the Bermuda Monetary Authority Amendment (N o. 2) Act 2018. Premier.
SUSPENSION OF STANDING ORDER 21
Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill ent itled the Bermuda Monetary Authority Amendment (No. 2) Ac t 2018 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? None. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA MONETARY AUTHORITY AMENDMENT (NO. 2) ACT 2018 Hon. E. David Burt: Thank you, Mr. Speaker. I move that the Bill entitled the Bermuda Monetary Authority Amendment (No. 2) Act 2018 be now read a third time …
The SpeakerThe SpeakerAny objections? No objections. Agreed to. It is now passed. [Motion carried: The Bermuda Monetary Authority Amendment (No. 2) Act 2018 was read a third time and passed.]
The SpeakerThe SpeakerThe second item would be the Defence (Coast Guard Unit) Amendment Act 2018 in the name of the Minister of National Security. Minister. SUSPE NSION OF STANDING ORDER 21 Bermuda House of Assembly Hon. Wayne Caines: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to …
The second item would be the Defence (Coast Guard Unit) Amendment Act 2018 in the name of the Minister of National Security. Minister.
SUSPE NSION OF STANDING ORDER 21
Bermuda House of Assembly Hon. Wayne Caines: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Defence (Coast Guard Unit) Amendment Act 2018 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? None. Move on. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018 Hon. Wayne Caines: Mr. Speaker , I move that the Bill entitled Defence (Coast Guard Unit) Amendment Act 2018 be now read a third time by its title only …
The SpeakerThe SpeakerAny objections? No objections . Agreed to. It is now passed. [Motion carried: The Defence (Coast Guard Unit) Amendment Act 2018 was read a third time and passed.] Hon. Wayne Caines: Thank you, Mr. Speaker.
The SpeakerThe SpeakerNow the next item is the Bermuda Bar Amendment Act 2018. And I believe the Minister of Health was doing this on behalf of the Attorney General. Minister. SUSPENSION OF STANDING ORDER 21 Hon. Kim N. Wilson: Mr. Speak er, I move that Standing Order 21 be suspended to enable …
Now the next item is the Bermuda Bar Amendment Act 2018. And I believe the Minister of Health was doing this on behalf of the Attorney General. Minister.
SUSPENSION OF STANDING ORDER 21
Hon. Kim N. Wilson: Mr. Speak er, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Bermuda Bar Amendment Act 2018 —
The SpeakerThe SpeakerAny objections? No objections. Continue on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA BAR AMENDMENT ACT 2018 Hon. Kim N. Wilson: Mr. Speaker, I move that the Bill be read for the third time and that it be now approved and passed.
The SpeakerThe SpeakerAny objections? No objections. The Bill is now approved and passed. [Motion carried: The Bermuda Bar Amendment Act 2018 was read a third time and passed.]
The SpeakerThe SpeakerThe next item is that of the Bermuda Housing Amendment Act 2018, in the name of the Minister of Public Works. Minister. SUSPENSION OF STANDING ORDER 21
Lt. Col. Hon. David A. BurchMr. Speaker, thank you. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Berm uda Housing Amendment Act 2018 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections? No objections. Continue on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA HOUSING AMENDMENT ACT 2018
Lt. Col. Hon. David A. BurchMr. Speaker , I move that the Bill entitled the Bermuda Housing Amendment Act 2018 be now read a third time by its title only and passed.
The SpeakerThe SpeakerAny objections? No objections. The Bill now has been passed. [Motion carried: The Bermuda Housing Amendment Act 2018 was read a third time and passed.]
The SpeakerThe SpeakerAnd the final one for its third reading is in the name of the Deputy Premier, the Road Traffic Amendment and Validation Act 2018. Deputy Premier. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: Thank you, Mr. Speaker. 3164 10 August 2018 Official Hansard Report Bermuda House of Assembly …
And the final one for its third reading is in the name of the Deputy Premier, the Road Traffic Amendment and Validation Act 2018. Deputy Premier.
SUSPENSION OF STANDING ORDER 21
Hon. Walter H. Roban: Thank you, Mr. Speaker. 3164 10 August 2018 Official Hansard Report
Bermuda House of Assembly I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Road Traffic Amendment and Validation Act 2018 be now read the third time by its title only.
The SpeakerThe SpeakerAny objections to that ? No objections . Continue on, Deputy Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING ROAD TRAFFIC AMENDMENT AND VALIDATION ACT 2018 Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that the Bill now be read a third time by its title …
The SpeakerThe SpeakerAny objections to that ? No object ions. The Bill is now passed. [Motion carried: The Road Traffic Amendment and Validation Act 2018 was read a third time and passed.]
The SpeakerThe SpeakerThat now brings us to that point where we have the Premier rise.
The SpeakerThe SpeakerYes. ADJOURNMENT Hon. E. David Burt: I move that the House do now adjourn.
The SpeakerThe SpeakerDoes any member wish to speak to that? Any Member? Yes, we recognise the Honourable Minister for Works. Minister of Works, it is still rather early in the morning.
The SpeakerThe SpeakerThank you. MINISTRY OF PUBLIC WORKS SUMMER EMPLOYMENT PROGRAMME
Lt. Col. Hon. David A. BurchMr. Speaker, in this last session I wanted to talk about a subject that is very dear to my heart that I know, because it is good news, will not be reported anywhere because it does not fall within the category of the most controversial Minister in all of Government. …
Mr. Speaker, in this last session I wanted to talk about a subject that is very dear to my heart that I know, because it is good news, will not be reported anywhere because it does not fall within the category of the most controversial Minister in all of Government. But I am not deterred. Mr. Speaker, I would like to talk about the fact that in the Ministry of Public Works . . . I know a co uple of weeks ago I said that we had 45 summer st udents, bursary students and various young people working in the Ministry. That number has gone to 47. Mr. Speaker, I can tell you that one of the most pleasant tasks of doing this job probably is working with young people. We have about a dozen of them in the Minis try Headquarters. And they are doing some . . . first of all, they are doing real work. And they are some of the most amazing young people that this country probably has produced.
[Inaudible interjection]
Lt. Col. Hon. David A. BurchI have more than t hat? Probably. Mr. Speaker, not only are they amazing young people, but I think that those of us who have full -time positions in the Ministry have also experienced a r enaissance in the sense that we have been inspired by their efforts. I wander …
I have more than t hat? Probably. Mr. Speaker, not only are they amazing young people, but I think that those of us who have full -time positions in the Ministry have also experienced a r enaissance in the sense that we have been inspired by their efforts. I wander around th e Ministry on a regular basis. And it amazes me that teenagers . . . and I am going to highlight a couple of them. One is 16 years of age. He is going to enter in September his last year at Berkeley Institute. And he wanted to be an architect, he says. And I did not know at 16 . . . and I do not know too many people who at 16 knew what they wanted to do. And so, we sent him down to the Architect Department. He had been in the Ministry for two and a half days. And I said to him, You’ve been here two and a half days. We’ve paid you for that, or we are paying you for that. What have you drawn so far? (Expecting for him to give me a blank look and say, you know, That’s a work in progress.) He said, I’ve drawn my father’s house. I said, Oh, really now? Go downst airs and bring it, and show it to me. And you can imagine, Mr. Speaker, that most young people are confused by this whole process of Ministers and people in authority, and in my case, they are even more confused because they read the media and they think that, you know, I am a monster. And so, it comes as quite a shock to them that I am not actually that at all. I have lyrics. I have jokes.
[Laughter]
Bermuda House of Assembly Lt. Col. Hon. David A. Burch: And I can engage young people. And so, he went away, and he came back. And he actually . . . all of his inhibitions and all of his intimidation and whatever else he felt about me fell away. And he talked to me with great enthusiasm and excitement about not only what he was able to draw in school in pencil, but what he had learned in two and a half days in the Ministry! And for me, it just confirmed that he probably is on the right path in terms of what it is that he wants to do. But the aim of this exercise, Mr. Speaker, is that, first of all, the Ministry is wide enough to cover more of the landscape in terms of careers than probably any other Ministry. And so, young people are e ither going to figure out, This where I want to be, or, I need to go and do something else. But what is more important about this exercise for them, Mr. Speaker, and us, because the remit that I gave to those of us whose responsibility it is to do things in the Ministry is that our primary job this summer is to encourage them and answer every question that they have, every step of the way, during this summer and during their time with us, because they are important to us. And I wanted them not to be afraid or to think that we are too busy in our work to answer any question for them. And so, what we have experienced, Mr. Speaker, is on both sides. Those who probably have never had any i nteraction with young people or had students . . . and I have asked them. I said, You know, are these young people working? And the work that they are doing is real work, not grunt work, Mr. Speaker. And so, what they are getting is a life experience that is going to position them to be able to go into whatever. And if they never come to the Ministry or never end up in any job in the Ministry of Public Works, they will take not only the skill set that they are going to learn about being punctual and dressing properly, and coming to work and actually working. What they are going to also take is the life lessons about living in a village, that what they are learning from us in terms of our encour agement and by our example and our willin gness to facilitate their experience, they will take that life lesson away. And when they are in a position to help somebody else, they will do so. And it will come naturally to them. And so, for us, this has nothi ng to do with pol itics, in my humble opinion. It has nothing to do with being a Minister. It has nothing to do with having a job. It has everything to do with being a villager. And we as the adults in this village must show them and teach them by our example. And I believe that we are doing that. Mr. Speaker, in another life, when I had r esponsibility for Immigration, I made the statement once that every Bermudian had their favourite foreigner. I still believe that. I have one, too. I have a new one. [Inaudible interjections]
Lt. Col. Hon. David A. BurchOh, yes, I do. And I always have had one. My new one happens to be the Chief Eng ineer, who is a French Canadian who is in his second year of a work permit here. And he, more than any other foreigner whom I have ever worked with, has …
Oh, yes, I do. And I always have had one. My new one happens to be the Chief Eng ineer, who is a French Canadian who is in his second year of a work permit here. And he, more than any other foreigner whom I have ever worked with, has created more ears and spears for jobs in the Eng ineering Section in the Ministry of Public Works than anybody can imagine. And to some extent, he is a little bit like me. He goes rogue.
[Laughter]
Lt. Col. Hon. David A. B urchAnd I have been accused, you know, of creating a monster. And I say, No, no! He came that way. And, Mr. Speaker, I will give you one practical example. We have a bursary student, and I will not out her by calling her name. But her first semester thi …
And I have been accused, you know, of creating a monster. And I say, No, no! He came that way. And, Mr. Speaker, I will give you one practical example. We have a bursary student, and I will not out her by calling her name. But her first semester thi s year, she failed two exams. And she was devastated. And I am getting this second- hand, so I had no hand in orchestrating what was going to happen after this. And so, she has come back to work with us for the summer, and she got the news, and she was devastated. And she is a bursary student, so that meant her funding was in jeopardy. In her mind, her relationship with the Ministry of Public Works was in jeopardy. And so, she was upset, understandably. The chief engineer, whose name is Yves Lortie—everybody calls him Bob —emailed me and said, This is what has happened. And this is what we’ve done. I forget the terminology he used. But basically, he created a support council, chaired by himself. And it included other Bermudian qualified engineers, namely, Remi Subair, who is the principal electrical engineer, who was a bursary student in training a decade ago; Carmen Trott, who is an engineer in the Ministry on secondment to us from BELCO. She was a trainee in the Ministry, as well. I should have written the name . . . Kirk Outerbridge, who is a manager at Tynes Bay, but an engineer, as well. And one other . . . I cannot remember their name. I am going to get licks for it, and I will take it. But, essentially, what they did, Mr. Speaker, was sit with her and say, Let not your heart be troubled. Everybody fails the first year. And in the case of the chief engineer, he said, I failed my first year. And my parents said, Oh, no. Off to work you go. And he went to be a janitor in a shopping mall. And his a nswer was that that was the best experience he ever had. And he went back to school. And his philosophy is that university is not made just for bright people. It is made for people who are prepared to work hard. And what they then did was say, You’re going to re- sit those two exams this summer and pass them, because we are going to sit with you and provide you with all of the skill sets, and all of the techniques and 3166 10 August 2018 Official Hansard Report
Bermuda House of Assembly all of the input that you need in order to be able to be confident in doing that. To me, Mr. Speak er, that was the best news that I could possibly have, that people in this Ministry were not just about making a dollar, were not just about making a pay cheque, were not just about racing out of the door at five. They were prepared to help one of their ow n. And I can tell you, Mr. Speaker, for me and for anybody who visits the Ministry, the Engineering Sec-tion is like a beehive of positive energy from young Bermudians. Because what they have done is, led by the chief, the other Bermudians are now recruiti ng other Bermudians. And so, there is a full complement around there. And they are doing incredible work. How much time do I have left, Mr. Speaker?
Lt. Col. Hon. David A. BurchEight minutes? I am not even going to use all of that. I am going to tell one more story. We have another young summer student who is not a bursary student. And I really want to appeal to somebody here on the Government benches who is responsible for assigning …
Eight minutes? I am not even going to use all of that. I am going to tell one more story. We have another young summer student who is not a bursary student. And I really want to appeal to somebody here on the Government benches who is responsible for assigning all of these titles and stuff. If we cou ld fix it and put it under one umbrella, because they keep driving me crazy and saying they are not a bursary student, they are this, and so, therefore, they belong to somebody else. They belong to all of us! If we could have one umbrella, one entity that deals with it. Anyway, this young man is Lance Brown. He is in his second year of university. He comes from Somerset. He is one of the few people in the Ministry who was with me in supporting Somerset in Cup Match. But we stood strong.
Lt. Col. Hon. David A. BurchThis young man, Mr. Speaker, he was with us last summer. He came back this summer. His task was to assess all of the cros swalks in the country, 39 of them that currently exist that have flashing beacons on them, and identify the 16 new ones —so, 55 in …
This young man, Mr. Speaker, he was with us last summer. He came back this summer. His task was to assess all of the cros swalks in the country, 39 of them that currently exist that have flashing beacons on them, and identify the 16 new ones —so, 55 in total. And so, the chief said . . . And he encourages them to do the presentation. He came, and he said, I’m going to do an ass essment of all 55 locations. I’m going to write a report. And then I’m going to present it to you and tell you how it is that we’re going to fix it, after assessing the inventory that we have. I said, Okay. That’s probably going to (you know, in civil serv ice and government, you know, b ureaucracy) —that’s probably going to take a week. And so I said, What day are you coming? He said, No, I’ll come back on Friday. And it was the Friday that the House did not meet. I said, Is it next week? He said, No, no. Day after tomorrow. I said, Explain that to me. He said, Tomorrow morning . . . I live in Somerset. On my bike, I’m going to start in Somerset. I’m going to start work in Somerset. And I’m going to ride the whole country and identify it. So, at two o’clock the Friday, he came with a printed report that set out. And I had the experience on the drive in that Friday morning to be driving near Cedar Hill on Middle Road, and somebody pushed the light to go across, and the northern light was not wor king. So, right away in my mind I thought, Right. I’m going to check him, without his knowledge. When I see this report, I’m going straight to Cedar Hill, Middle Road, at this light. Sure enough, to a T, that one was out of order. And he came and presented it, and he presented the report for everybody else who is involved in this process. The electricians have got to go to six loc ations to fix this; the people who put the bolts, cement the bolts, have got to do this; and everything. And I mean, I was just so impressed, Mr. Speaker, with this young man, that it warranted us saying to him that, first of all, he is going back early because he is moving residence and all that sort of stuff. So they all have to come in for exit interview, if you like. And part of that is for me more than it is for them because I was encouraged by them. And what we have designed for him and for everybody else, or these 47 students, is that you are now part of a network. You are part of a network of 47, and the rest of us. And so, he has been e ncouraged and instructed that, when he gets back to the UK and he comes across a course that is going to benefit him in his career, he can write back to us and make a case to us that we can support him in his efforts.
An Hon. Member An Hon. MemberGood job.
Lt. Col. H on. David A. BurchIf he is faced with a challenge during this school year —and this applies to all of them —they have the email address for ever ybody in the Ministry, where they can email whilst they are students in school and get the answer and get the support that they need …
Lt. Col. Hon. David A. BurchWhat this is going to do, Mr. Speaker, is if they come back and they graduate and they go work somewhere else, that is fine. But I suspect that man y of them are going to come back and want to work in a Ministry and in a job where …
What this is going to do, Mr. Speaker, is if they come back and they graduate and they go work somewhere else, that is fine. But I suspect that man y of them are going to come back and want to work in a Ministry and in a job where they are going to get job satisfaction, they are going to be able to operate amongst people who have established a relationship with them. And when they are in a pos ition of responsibility, what do you think they are going to do? They are going to do exactly what was done to
Bermuda House of Assembly them. They are going to help those who are coming along behind them to do exactly the same thing. Mr. Speaker, we stand on the precipice, in my humble opinion, of being able to create and change all of the challenges that we are facing in this country by achieving just one thing: We are all connected. And if we just say, I’m prepared to help, or you put up your hand and say, I need some help, we can accom plish and solve all of the challenges that we face. So, with all of the brickbats and all of the criticism that we face as Members of the Legislature and as Ministers, and demands that are placed on our time, particularly from people who say, I want this d one now! And they do not appreciate . . . One of my colleagues recently said, You know, I’m 1 of 36. I know a whole lot of ot hers who are asking for stuff, and it has to be balanced. But I can tell you, Mr. Speaker, that for me personally, as a villager, I am just so encouraged by the future. And I think that we would stand in a far bet-ter place if the media in this country . . . Fine, you can do the people who are going to court, because that is how . . . But you could do some good stuff, too. And I invite any of them, Come into my Ministry, not to talk to me, not to talk to any of us. But talk to some of these young people. You will find that they are the brightest thing on the planet. And they are serious about what it is that they want to do. And they are committed to doing a good job and to being the best that they can be. And the least that we can do, the least that we, as adults in the village, can do is to provide an opportunity for them to reach their greatest potential, to encourage them and to l et them know that we are as serious about supporting them as we are about so many other things, and not just talking it, but that we are also prepared to walk it. And that is for Bermudians across the landscape and across the scale that, in order for them to be able to reach their full potential, we have to make a way for them. That is our responsibility. And I submit that we will have greater satisfaction and greater joy ourselves out of being able to do that than they will. And they will pay us back tenfold by doing exactly the same thing, better than we did it, for the generation that follows. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Is there any other . . . I recognise the Honourable Member from constituency 11.
Mr. Christopher FamousThis is going to be my last motion to adjourn until, God willing, in November. A lot of talk has been about pictures here lat ely. So I am going to start with this: Picture this. Can I read something from the Royal Gazette, Mr. Speaker?
Mr. Christopher Famous“Cup Match is an event which marks the day that Bermuda was discovered by Admiral Sir George Somers in 1609.” (Hmm.) “It also” (secondarily) “marks Emancipation Day . . .” Can I read that again?
An Hon. Member An Hon. MemberSecondarily?
Mr. Christopher Famous“Cup Match is an event which marks the day that Bermuda was discovered by Admiral Sir George Somers in 1609. It also” (it also) “marks Emancipation Day.” Any guess who wrote that? [Inaudible interjections]
Mr. Christopher FamousThis was the OBA’s Cup Match message, totally disrespectful to the memory of our people. First of all, it is factually incorrect.
The SpeakerThe SpeakerWell. Well, well . . . Everybody has got their own opinion of how they look at stuff, now.
Mr. Christopher FamousMr. Speaker, that is not an opinion, because this is the height of disrespect. The true meaning of Cup Match . . . there are differences about Emancipation, or whatever. But the true meaning of Cup Match was about our people standing up against authorities, oppressors, to have a cricket …
Mr. Speaker, that is not an opinion, because this is the height of disrespect. The true meaning of Cup Match . . . there are differences about Emancipation, or whatever. But the true meaning of Cup Match was about our people standing up against authorities, oppressors, to have a cricket game, to get together. You see, the mind- set of whoever wrote this is that Emancipation of black people is secondary to the exploits of a pirate and a col oniser. [Inaudible interjections]
Mr. Christopher FamousAny point of order? No. Mr. Speaker, I like when people call me a liar because I do not say anything unless I have r esearched it. Allow me to read something from The Bermudian Magazine, please.
The SpeakerThe SpeakerContinue. 3168 10 August 2018 Official Hansard Report Bermuda House of Assembly Mr. Christopher Famous: “Long before either was knighted for sea- going exploits in England’s service, George Somers and his friend Amyas Preston were professional privateers.” You know what that means? They were l icensed pirates. “They were am …
Continue. 3168 10 August 2018 Official Hansard Report
Bermuda House of Assembly Mr. Christopher Famous: “Long before either was knighted for sea- going exploits in England’s service, George Somers and his friend Amyas Preston were professional privateers.” You know what that means? They were l icensed pirates. “They were am ong hundreds of Englishmen of that day who became involved in the privateering” (slash/pirate) “business because of its promise of adventure, glory and quick, substantial profit.” (Nothing else—profit, money.) “They set off across the Atlantic, bound for t he West Indies, arriving off Dominica in May. After a rest, they sailed southwest toward South America, arriving at a little group of three islands just off the coast of Venezuela, called Isla Margarita, Coche and Cubagua.” (Whatever. I failed Spanish.)
[Laughter]
Mr. Christopher Famous“Venezuelan Indians dove for pearls there. The raiders ” (Somers and Preston) “managed to capture a few Spaniards and” (also) “slaves . . .” You see, last week . . . two weeks ago, when I pointed out George Somers was a slave ow ner, people wanted to say I …
“Venezuelan Indians dove for pearls there. The raiders ” (Somers and Preston) “managed to capture a few Spaniards and” (also) “slaves . . .” You see, last week . . . two weeks ago, when I pointed out George Somers was a slave ow ner, people wanted to say I said he owned slaves in Bermuda. I never said that. I said he owned slaves. It is right here in The Bermudian Magazine. He “then headed . . . to Cumana, a town on the Venezuelan coast . . . “In the morning, they burned Caracas and some surrounding settlements to the ground, as they had threatened. Taking whatever they could, they marched back to their ships and set sail for England. Preston and Somers arrived in September 1595, after six months at sea.” That was 15 year s, approximately, before he crashed on the rocks here. You see, the point I am making here is that people have romant icised pirates like he was some Johnny Depp sort of guy. He was not! He was a slave owner. He was a murderer. He burnt down people’s houses . A pirate and a coloniser are no one to celebrate—no one to celebrate, much less celebrating on our Emancipation Day. How dare the OBA try to say that is what we are celebrating? You see? Even in America, they are starting to reco gnise who Columbus really was and they are starting to change the names from Columbus Day to Indigenous Day. I am going to move on, Mr. Speaker.
The SpeakerThe SpeakerYou are doing well. UK ACTION ON BENEFICIAL OWNERSHIP
Mr. Christopher FamousThere is a guy named Paul Revere. [Inaudible interjection] Mr. Christopher Famous: He said . . . Anybody know what he said?
An Hon. Member An Hon. MemberYes, I’ll be back!
Some Hon. Members Some Hon. MembersThe British are coming!
Mr. Christopher FamousKeep that in mind, people, because in 2008, the same set of colonisers, the same set of English colonisers voted for the Overseas Territories to open their books —but not the Crown Dependencies. For those who do not know what the major difference between the Crown Dependencies and the Overseas …
Keep that in mind, people, because in 2008, the same set of colonisers, the same set of English colonisers voted for the Overseas Territories to open their books —but not the Crown Dependencies. For those who do not know what the major difference between the Crown Dependencies and the Overseas Territories is, it is simple. The Overseas Territories are black people in the Caribbean. The Crown Dependencies are white people up in E urope. So, they want us to open our books, destroy our economy so the companies are going to flee back to their countries. That is what it is about, nothing else. Mr. Speaker, it gets worse. What is the sa ying? The British are . . . what? The British are coming! I want people who are Christians, or godly, to listen to this carefully. In July, last month, the House of Lords in London debated forcing —I reiterate the word, forcing—the Overseas Territories to accept same- sex marriage. We are the elected Government of this country. We got in on a mandate of doing what we are going to do. We are not going to be forced to accept anything from England. I am going to read what they said. “Lords in the UK have suggested that Britain should force Ber-muda to legalise same- sex marriage in the same way it forced the island to adopt public registers.” That is Royal Gazette, July 25 th. Again, I want anybody who goes to church, anybody who is a Christian, to understand . . . what? The British are coming! The British are coming! And how long, Mr. Speaker, before they try to force their will on us when it comes to immigration? How long? The British are coming! T he British are coming! Mr. Speaker, in closing, picture this: Our Bermudian people will have to decide really fast. The clock is ticking. We have 18 months before they try to force us to open our books —18 months! Not 18 years, not 18 centuries —18 months. We are going to conti nue to be forced to accept the rules from an empire built on piracy, murder, rape and colonisation, an em-pire that compensated 1,116 slave owners in this country. What did the people who were enslaved get? Nothing. As the Colonel would say, Nuthin! Slave owners such as the Outerbridge family, the Trimingham family and the Gibbons family, t hey got money from these colonisers. We got nothing. And they are still telling us we are going to get nothing from an empire that just voted to damage our econ omy within the next two years, an empire that is trying to force us to accept something that the people do not
Bermuda House of Assembly want, an empire that is going to try to force us to take immigration matters that we are against. Mr. Speaker, in closing, I leave it to the Bermudian people to understand what is at stake here. The British are coming! The British are coming! Are we going to stand up, or are we going to lie down? That is all I want to say, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Honourable Mem ber. Does any other Honourable Member wish to speak? No other Honourable Member? Premier, would you like to have a few remarks this evening? Hon. E. David Burt: Yes, thank you.
The SpeakerThe SpeakerThis morning. Hon. E. David Burt: This morning.
The SpeakerThe SpeakerYes. Hon. E. David Burt: At 2:44. How long do I have, Mr. Speaker, 20 minutes?
The SpeakerThe SpeakerYou can use what is left on the former Member’s time. I will not reset the clock. You can use the last of his. [Laughter] 2017/18 PARLIAMENTARY SESSION ACCOM PLISHMENTS Hon. E. David Burt: At 2:44, all right, Mr. Speaker. I will try to finish up before 3:04. Mr. Speaker, …
You can use what is left on the former Member’s time. I will not reset the clock. You can use the last of his.
[Laughter]
2017/18 PARLIAMENTARY SESSION ACCOM PLISHMENTS
Hon. E. David Burt: At 2:44, all right, Mr. Speaker. I will try to finish up before 3:04. Mr. Speaker, after today, the Legislature will be prorogued, and we will be expected to be back here on November 9 th for the opening of another session of Parliament. And I think that it is a well - deserved break after the longest session in Berm uda’s history, as we have met today would be 38 times. And when we started this session, Mr. Speaker, in the Throne Speech it was said that this Go vernment would be transformational and not just transactional. However, the nature of government is, Mr. Speaker, that sometimes a lot of work is transactional. And that is what a lot of the stuff of which we have seen. Because although we have passed 72 separate pieces of legislation, Mr. Speaker, a lot of those items are transactional because they are dealing with pr eparing our country for the upcoming NAMLC asses sment, which will be taking place next month. But, though we have done a lot of things which are not exciti ng, a lot of things which will not necessarily affect the lives of the people who voted the Progressive Labour Party in, we have laid the foundation for that transformational change that we promised, and that promise to build that better and fairer Bermuda that the voters voted for, Mr. Speaker. And some of that you have seen today with the work of the parliamentary committees, whether that of the Parliamentary Committee on the Living Wage . . . And I would like to commend the chairman of that commi ttee for his work in pushing that particular item forward. Or whether that is on the issue where it comes for a tiered register for sex offenders, and that came from the Honourable Member from constituency 1. In addition to that, Mr. Speaker, one of the things which we passed was the Tax Reform Co mmission, who will be finishing up their work shortly, in addition to other bodies, which are collating their work to make sure that the Government will have an ambitious agenda to enact next year. So, Mr. Speaker, this year, yes, we did accomplish many goals. As I said, we have passed 72 pieces of legislation to tackle things like the cost of living; to put in place, finally, a land title registry; to lay a foundation for a new pillar in our economy, that of digital asse ts; to broaden the scopes of banks that can operate from Bermuda; and one of the proudest things, Mr. Speaker, which we have been relentless, I would say, attacked for by the Opposition, is that we closed historic loopholes in our tax system to ensure that our tax system is fairer, Mr. Speaker. With that being said, there is much more work to be done. And although, Mr. Speaker, this year was long, next year may be longer. Because the people who elected us here, Mr. Speaker, want us to deliver on that trans formational change. They want us to enact tax reform, to ensure that our tax system is fairer. They want us to enact social insurance reform and pension reform to catch up to the rest of the world. They want us to enact health care finance reform so that t he costs can be spread amongst everyone inside of this country, which means that we can have lower costs for all. They want us to elect a living wage, and they want us to make progress on the matter of education reform, Mr. Speaker. There is a lot of work to be done. All Members should be proud of the work of which we have accomplished on this particular year. And I would like to thank not only my Cabinet colleagues for the amount of work of which they have done to advance the legi slative agenda, but also my parliamentary colleagues and my caucus colleagues for the work of which they have done to support us. I would also like to thank the Opposition. Though we may argue at often points in time, there are times when we can cooperate to make sure that we can advance the agenda in the interests of the people of whom we serve. And it is my hope, Mr. Speaker, in the intervening times, that we can focus on the people of whom we serve, and those are the people. A lot of times, those are the voters, because a lot of times, Mr. Speaker, we would like to devolve into what I would 3170 10 August 2018 Official Hansard Report
Bermuda House of Assembly say, I think as you described it earlier, childish back - and-forth, things which are not necessarily worth the dignity of this particular office. And I think that the voters want us to focus on those issues. That is the commitment of which we have made, Mr. Speaker, and that is the commitment of which we will continue to deliver. So, in closing, Mr. Speaker, and finally, of course, I wish everyone a very safe holiday. For those of you who are tr avelling, I wish you travelling mercies. And the final thing that I would like to lay and give thanks for, Mr. Speaker, is to you and to your staff here at the Legislature, whether it be the clerks, the Sergeant -at-Arms, the admins and all those who suppor t us. I understand the work is not easy, and we have kept you here late on many occasions. But we would not be able to do the work that we do for the people of the country if it was not for you. So I want to say thank you, and I hope that everyone has a wo nderful holiday. And I will see you in November. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerWith that, Honourable Premier, let us say that we look forward to the break that is coming and that all Members will have an enjoyable time and a safe time with their families and their other work commitments. And we will see you back here in N ovember. PARLIAMENTARY PROCEDURE …
The SpeakerThe SpeakerBut I would like to remind you that the Legislative Office is working on a workshop seminar to run just before we open, so that Members will be fresh with proper procedures to correct some of the shor tcomings that have been noticed during this sitting. So I am going …
But I would like to remind you that the Legislative Office is working on a workshop seminar to run just before we open, so that Members will be fresh with proper procedures to correct some of the shor tcomings that have been noticed during this sitting. So I am going to encourage all Members to avail themselves of that when the date is made available to you. And we are looking to do it mid- October. So I throw that out to you now, just to clear your calendars, to think of it at that time. Again, it has been a good session. Enjoy your time away. Good evening, good morning to all of you.
[Gavel]
[At 2:5 2 am (11 August 2018) the House stood adjourned until 10:00 am, Friday, 9 November 2018.]