Hansard — July 27, 2018 — Bermuda Parliament

The Speaker The Speaker Good morning, M embers. CONFIRMATION OF MINUTES

The Speaker The Speaker Members, the Minutes of July 20 th have been circulated. Are there any amendments, omissions or corrections that need to be done? There are none. The Minutes are accepted as printed. The Clerk: They have bee n deferred.

The Speaker The Speaker Oh, sorry. Yes. I am so used to their being ready. Go ahead. MESSAGES FROM THE GOVERNOR

The Speaker The Speaker There are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES

The Speaker The Speaker There are none. MESSAGES FROM THE S ENATE JOINT SELECT COMMITTEE TO INVESTIGATE, REPORT AND MAKE RECOMMENDATIONS ON THE EVENTS OF 2 DECEMBER 2016, EXTENDED

The Speaker The Speaker There is one message from the Senate in reference to the Joint Select Committee on the D ecember 2nd event of 2016. The Senate has received a message from the Honourable House, informing the Senate that the House of Assembly has agreed to grant the Parli amentary Joint Select Committee …

The Speaker The Speaker There are two down for this morning. The first is in the name of the Premier. Honourable Premier, would you like to take the floor? INFORMATION COMMISSIONER’S OFFICE 2017 ANNUAL REPORT Hon. E. David Burt: Thank you, Mr . Speaker, and good morning to you. I have the honour to …

The Speaker The Speaker Thank you, Mr. Premier. The second is in the name of Minister Brown. Minister Brown. Hon. Walton Brown: Yes, thank you, and good mor ning, Mr. Speaker.

The Speaker The Speaker Good morning. DEBT COLLECTION ACT 2018 Hon. Walton Brown: I have the honour to attach and submit for the information of the Honourable Hous e of Assembly the Debt Collection Act 2018.

The Speaker The Speaker Thank you. 2924 27 July 2018 Official Hansard Report Bermuda House of Assembly PETITIONS

The Speaker The Speaker There are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS

The Speaker The Speaker We have seven Statements this mor ning. The first is in the name of the Minister of Health. Minister. Hon. Kim N. Wilson: Thank you. Good morning, Mr. Speaker.

The Speaker The Speaker Good morning. MINISTRY OF HEALTH: A YEAR IN REVIEW Hon. Kim N. Wilson: Mr. Speaker, I rise today to pr ovide for this Honourable House and the listening public highlights of my Ministry’s achievements in the past year of the Progressive Labour Party Government. To begin, Mr. Speaker, I wish …

The Speaker The Speaker Thank you, Minister. Yes, everybody agrees with that end statement. The whole House agrees with that. [Desk thumping]

The Speaker The Speaker The next Statement is in the name of Minister Brown. Minister Br own, would you like to present your Statement? Hon. Walton Brown: Thank you, Mr. Speaker.

The Speaker The Speaker Thank you. DEBT COLLECTION ACT 2018 Hon. Walton Brown: I am not going to end with any provocative comment along the lines of my colleague. [Laughter ]

An Hon. Member An Hon. Member Why not? Hon. Walton Brown: Since, clearly, St. George’s will be the victor. [Laughter and desk thumping] Hon. Walton Brown: Mr. Speaker, earlier today, I tabled for consultation the Bill entitled Debt Collection Act 2018 . The proposed Bill provides a comprehensive licensing regulatory framework for those entities engaging in …

The Speaker The Speaker Thank you, Minister. The next Statement that is down this morning is that of the Minister of Works. Minister, you actually have t wo Statements. Would you like to do your first one now?

Lt. Col. Hon. David A. Burch Yes. Thank you, Mr. Speaker.

The Speaker The Speaker Continue.

Lt. Col. Hon. David A. Burch Good morning.

The Speaker The Speaker Good morning. SHELLY BAY BEACH —AN UPDATE

Lt. Col. Hon. David A. Burch As the Minister r esponsible for the Department of Parks, I am pleased to update this Honourable House and the general public on progress thus far on a proposed plan to enBermuda House of Assembly hance the beach experience at Shelly Bay Park . This proposal aims to create opportunities …

The Speaker The Speaker Thank you, Minister. Would you like to do your second Statement now?

Lt. Col. Hon. David A. Burch Yes. Thank you, Mr. Speaker.

The Speaker The Speaker Continue. WEST END DEVELOPMENT CORPORATION CRUISE CRITIC AWARD 2018

Lt. Col. Hon. David A. Burch Mr. Speaker, I rise today with a most pleasant task —to advise this Honourable House of yet another accomplishment in the West End, which was facilitated by the West End D evelopment Corporation . I suspect that, on the 10th of Bermuda House of Assembly August, I shall rise to …

Lt. Col. Hon. David A. Burch And that would be the Cup being retained in Somerset.

The Speaker The Speaker Yes, yes. [Desk thumping]

The Speaker The Speaker The House is in full agreement, once again. [Desk thumping and laughter ]

Lt. Col. Hon. David A. Burch I could not resist. The Top Cruise Des tination in the Eastern Caribbean, Bahamas, and Bermuda in Cruise Critic’s Cruisers’ Choice Destination Awards has been awarded to the Dockyard Cruise Port for the second consecutive year. The awards are based exclusively on consumer ratings and reviews posted to the Cruise …

The Speaker The Speaker Thank you, Minister. The next Statement is in the name of the Mi nister of National Security. Minister. Hon. Wayne Caines: If it pleases you, Mr. Speaker.

The Speaker The Speaker Yes. Continue. CUP MATCH 2018 POLICING PLAN Hon. Wayn e Caines: Thank you, Mr. Speaker. Mr. Speaker, one of Bermuda’s most antic ipated holidays is quickly approaching. Traditionally, the Cup Match Holiday week end provides an opportunity for the Island to come together to celebrate our heritage and just how …

The Speaker The Speaker Thank you, Minister. The next Statement we have on the Order Paper is in the name of the Honourable Minister Weeks. I believe, Minister, you have two Statements. Would you like to do your first? Hon. Michael A. Weeks: Yes, Mr. Speaker, and good morning to you.

The Speaker The Speaker Continue. REDEVELOPMENT OF AN EMERGENCY HOUSING CENTRE AT THE BISHOP SPENCER FACILITY Hon. Michael A. Weeks: Mr. Speaker, before I start reading my Statement, I would like to acknowledge that there are two people here from the Salvation A rmy to listen and support this. One is the Executive Director …

The Speaker The Speaker We welcome them both here this mor ning; nice to see them in the Gallery this morning. [Desk thumping] Hon. Michael A. Weeks: Mr. Speaker, Honourable Members will know that the Salvation Army has pr ovided housing opportunities to the homeless and marBermuda House of Assembly ginalised members of the …

An Hon. Member An Hon. Member Hear, hear! Hon. Michael A. Weeks: It gives me pleasure to a nnounce to Honourable Members that Government has given its approval to t he redevelopment of the former Bishop Spencer facility for use as a new Emergency Housing Centre and intends to work in conjunction with the Salvation Army …

The Speaker The Speaker Thank you, Minister. Would you like to do your second Statement? THE IMPORTANT LINK BETWEEN CUP MATCH AND E MANCIPATION IN BERMUDA Hon. Michael A. Weeks: Yes, Mr. Speaker. Mr. Speaker, I stay on my feet this morning, a few days before the start of the Annual Cup Match Classic, …

An Hon. Member An Hon. Member Say that again!

An Hon. Member An Hon. Member Repeat! Repeat!

The Speaker The Speaker It is not worthy of repeating. [Laughter] Hon. M ichael A. Weeks: Mr. Speaker, may I conti nue? Mr. Speaker, in 1947, two official national public holidays were introduced and celebrated annually, on the Thursday and Friday before the first Monday in August. The first holiday, Cup Match Day, was …

The Speaker The Speaker Thank you, Minister. That brings us to the close of Ministerial Statements this morning. We move on to the next Order on the Order Paper. REPORTS OF COMMITTEES

The Speaker The Speaker We recognise the Honourable Member from St. George’s, the Honourable Member Ming. Honourable Member Ming, I was looking for an adjustment that I did not see in there. But I am going to announce you, an yhow. [Laughter]

Mrs. Renee Ming Good morning—

The Speaker The Speaker I am a little distracted by that, but . . . [Laughter]

The Speaker The Speaker Mr. Simmons, could you put your tie beside that?

Mrs. Renee Ming No, thank you.

Mr. Scott Simmons I will be more t han happy to.

The Speaker The Speaker Go right ahead; thank you.

Mrs. Renee Ming Good morning, Mr. Speaker. [Laughter and crosstalk ]

The Speaker The Speaker Member, you may lose your privilege now, you know. What is the next Order? Would you like to go to Questions now? Would you like to go to Questions? 2934 27 July 2018 Official Hansard Report Bermuda House of Assembly [Laughter and i naudible interjections]

The Speaker The Speaker Yes. I suggest you start speaking.

Mrs. Renee Ming I am going to start speaking, Mr. Speaker. Clearly, we have some Members who have issues today. REPORT OF THE J OINT SELECT COMMITTEE ON THE NECESSITY FOR A PUBLIC SEX OFFENDERS REGISTER AND OTHER PERTINENT MATTERS RELATING TO CONVICTED SEX OFFENDERS

Mrs. Renee Ming To His Honour, the Speaker, and the Members of the Honourable House of Assembly: The Parliamentary Joint Select Committee on the N ecessity for a Public Sex Offenders Register and Other Pertinent Matters Relating to Convicted Sex Offend-ers. Mr. Speaker, this has been truly an emotional joint select committee. I …

The Speaker The Speaker You should be mindful that some of those comments are best saved for the actual debate.

The Speaker The Speaker And just give an overview of the report that is being tabled.

Mrs. Renee Ming Yes. Thank you. I was just going to say that in the report itself we developed a three- pronged approach. And what we did was we tackled the education and awareness ; we tackled the management of sexual offenders ; and then we tackled counselling and support of victims and …

The Speaker The Speaker If you had red, you might have been allowed to go a little further. But, being you chose those colours —

Mrs. Renee Ming There is no red, Mr. Speaker. [Laughter]

An Hon. Member An Hon. Member Mr. Speaker! Mr. Speaker! How discriminatory!

The Speaker The Speaker Continue to wrap up. Continue to wrap up.

Mrs. Renee Ming Mr. Speaker, on that note—

The Speaker The Speaker Go ahead and wrap up.

Mrs. Renee Ming I look forward to a spirited debate at the next sitting. Thank you, Mr. Speaker.

The Speaker The Speaker Thank you, Honourable Member. We now move on. QUESTION PERIOD WRITTEN ANSWERS

The Speaker The Speaker The Question Period begins with the written questions. There are three written questions that have been submitted to the Premier. They are not for oral response. So, the questions are from the O pposition Leader. I would assume that you have gotten yo ur written responses from the Premier, or …

The Speaker The Speaker Okay. So, Mr. Premier, if you have the [answer ], you can have it submitted. QUESTIONS: FINTECH COMPANIES, NUMBER INCORPORATED IN BERMUDA TO DATE, NUMBER OF WORK PERMITS REQUIRED, NUMBER OF JOBS FOR BERMUDIANS 1. Would the Honourable Premier please provide this Honourable House with the names of all FinT …

The Speaker The Speaker Okay. And now we will move on to the questions in reference to the Statements that were given this morning. And of the seven Statements, we have a Member who would like to ask a question on the first Statement, to the Minister of Health. The Member from constituency 10, …

The Speaker The Speaker Good morni ng. QUESTION 1: MINISTRY OF HEALTH: A YEAR IN REVIEW Hon. Michael H. Dunkley: To the Honourable Mini ster: On page 2 of the Statement, the Honourable Mi nister mentions that “the legislation allows for local pr oducers of food to be exempted from the tax.” Has the …

The Speaker The Speaker Thank you, Member. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker, and thank that Honourable Member for that question. As was indicated previously, the implement ation of a sugar tax is a joint ministerial effort between both the Minister of Health as well as the Ministry of Finance. The …

The Speaker The Speaker Thank you, Minister. Supplementary? Hon. Michael H. Dunkley: Yes, th ank you. And just before I get there, Mr. Speaker, I appreciate the clarity and the commitment for the public consultation. There are two aspects of that. One, the duty part on the equipment is no big deal because importers …

The Speaker The Speaker Well, I thought you got up to put a question. You got acknowledged because you were going to put a question. QUESTION 2: MINISTRY OF HEALTH: A YEAR IN REVIEW Hon. Mic hael H. Dunkley: I am going to put another question, yes. Yes. On the same page 2, the …

The Speaker The Speaker Thank you, Member. Minister. Hon. Kim N. Wilson: Yes, thank you. That paragraph relates spec ifically to the two previous paragraphs as it relates to the implementation of a sugar tax. So, the paragraph is speaking about [how] this initiative, meaning the implementation of a sugar tax, demonstrates Government’s commitment …

The Speaker The Speaker Thank you. Supplementary? 2936 27 July 2018 Official Hansard Report Bermuda House of Assembly SUPPLEMENTARIES Hon. Michael H . Dunkley: Then, supplementary, Mr. Speaker. So, Government believes that taxation is the best way to incentivise people? Hon. Kim N. Wilson: In this particular instance, Mr. Speaker, as was demonstrated and …

The Speaker The Speaker Thank you. Third question, or supplementary? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.

The Speaker The Speaker Yes. Hon. Michael H. Dunkley: Does the Government agree that there are other initiatives that are more effective than taxation, to incentivise?

The Speaker The Speaker Minister. Hon. Kim N. Wilson: Yes.

The Speaker The Speaker Thank you. Third question?

Mrs. Patricia J. Gordon -Pamplin Supplementary.

The Speaker The Speaker Oh, thank you. Supplementary then. Supplementary, yes. SUPPLEM ENTARY

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. The Minister just answered yes. I wonder if the Minister could give us an example of what she considers to be an alternative.

The Speaker The Speaker Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker. As was related in the Statement, we have conducted in January the symposium on the diabetes framework. And that involved wide consultation and input from members of the community and stakehol ders. We are reviewing that, and we would be looking to …

The Speaker The Speaker Thank you, Honourable Minister. Would you like to put your next question now? Are you finished? Okay. Those were the only questions for that Stat ement. The next Statement that has questions is the Statement from the Honourable Mi nister for Works in reference to the Shelly Bay Statement that …

Mrs. Patricia J. Gordon -Pamplin Yes, thank you, Mr. Speaker. And good morning. Good morning to the Minister. I wonder if the Minister would be good enough to advise this Honourable House . . . on page 3 of his Statement, the new applicants, or the new responses to the RFP, of the prior exercise …

The Speaker The Speaker Thank you. Minister.

Lt. Col. Hon. David A. Burch Mr. Speaker, I am going to go out on a limb and presume that she is talking about the person who was the former concessionaire of the building. I am assuming that. And I can—

The Speaker The Speaker Well, if it does not necessarily fall wit hin the contents of your Statement, you can acknowledge that and you do not have to respond to it.

Lt. Col. Hon. David A. Burch Oh, I can respond to it,

Mr. Speaker. The Speaker Okay.

Lt. Col. Hon. David A. Burch I have had no comm unication, nor has the Ministry, since the building was knocked down.

The Speaker The Speaker Thank you. Supplementary or — Bermuda House of Assembly SUPPLEMENTARY

Mrs. Patricia J. Gordon -Pamplin Yes, just a su pplementary. No direct communication, but has there been an establishment of any contingency in respect of that particular project?

The Speaker The Speaker Minister.

Lt. Col. Hon. David A. Burch Mr. Speaker, no communication means precisely that. There have been no discussions, no debate, no interest, no . . . not a whi sper from anyone on this subject to the Ministry or to me.

The Speaker The Speaker Thank you. No further questions. We will now move on to the next Statement. The next Statement is that in r egard to the Bishop Spencer Emergency Housing. Minister, you have three Members who have indicated that they have questions for you. And the first is from the Honourable Member …

Mrs. Patricia J. Gordon -Pamplin Yes, thank you, Mr. Speaker. Mr. Speaker, I wonder if the Minister, in r esponse to his comment on page 1 of his Ministerial Statement indicating that during the interval between 2012 and 2017 there was no implementation of the Bishop Spencer project —could the Minister explain how the Memorandum …

The Speaker The Speaker Minister. Hon. Michael A. Weeks: Well, on the face of it, there is no difference. But what I was saying, and I want to make clear, is that this current Government started the process pre- 2012. The OBA Government, from 2012 to 2017, did not move on it. And what …

The Speaker The Speaker Thank you, Minister.

Mrs. Patricia J. Gordon -Pamplin Supplementary.

The Speaker The Speaker Supplementary? SUPPLEMENTARY

Mrs. Patricia J. Gordon -Pamplin Yes. Does the Honourable Member acknowledge that, in order to have moved forward on the project, it would have been predicated upon there having been money left in the Consolidated Fund in order to be able to adv ance the actual project?

An Hon. Member An Hon. Member If you would not have paid so much on America’s Cup, we could have done it!

An Hon. Member An Hon. Member America’s Cup!

The Speaker The Speaker Minister. Hon. Michael A. Weeks: No. No, Mr. Speaker. Not at all.

The Speaker The Speaker Thank you, Minister. No further question? Supplementary? Minister, the next person who has a question for you on this Statement is the Member from consti tuency 10. Member Dunkley, would you like to put your question? QUESTION 1: REDEVELOPMENT OF AN EMERGENCY HOUS ING CENTRE AT THE BISHOP SPENCER FACILITY …

The Speaker The Speaker Minister. Hon. Michael A. Weeks: The MOU has been given to Salvation Army to peruse. And it will be signed in due course.

The Speaker The Speaker Thank you. Member, would you like a supplementary or a new question? Hon. Michael H. Dunkley: A new question, Mr. Speaker.

The Speaker The Speaker Go ahead. QUESTION 2: REDEVELOPMENT OF AN EMERGENCY HOUSING CENTRE AT THE BISHOP SPENCER FACILITY Hon. Michael H. Dunkley: Mr. Speaker, the Gover nment cut the funding to the Salvation Army from 2938 27 July 2018 Official Hansard Report Bermuda House of Assembly $800,000 to $400,000 this year. On the …

The Speaker The Speaker Minister. Hon. Michael A. Weeks: The grant will be a graduated increase. It is going to be predicated on the development of the site. So, it will increase as we go, up to $1.2 million.

The Speaker The Speaker Thank you. Supplementary , or new question? Hon. Michael H. Dunkley: Supplementary, Mr. Speaker.

The Speaker The Speaker Contin ue. SUPPLEMENTARY Hon. Michael H. Dunkley: The Honourable Minister . . . and we support the commitment here today. The Honourable Minister, can he give assurances that the cut in budget from $800,000 to $400,000 this year will still allow this programme to continue forward?

An Hon. Member An Hon. Member Now you are worrying about the programmes! Hon. Michael H. Dunkley: Always worried about it. Always worried about it. Always worried about it. [Inaudible interjections]

The Speaker The Speaker Minister. Minister. Members, Members, Members! [Inaudible interjections]

The Speaker The Speaker Minister, speak to me. I am sure you Members would like to hear the response. Hon. Michael H. Dunkley: I would, too, yes.

The Speaker The Speaker Thank you. Hon. Michael A. Weeks: Mr. Speaker, the only assurance that I can give is that this Government is a labour government, and we are caring. And we will do what we need to do to assist the Salvation Army.

The Speaker The Speaker Thank you. No further question? We now move on. [Inaudible interjections] The Speaker: Members! Minister, you have one other Member who would like to ask a question of you on this Statement. And that is the Honourable Member — [Inaudible interjections ]

The Speaker The Speaker Ah! Ah! Ah! Members! We recognise the Honourable Member Furbert, fr om constituency 4. You may put your question now. QUESTION 1: REDEVELOPMENT OF AN EMERGENCY HOUSING CENTRE AT THE BISHOP SPENCER FACILITY

Mrs. Tinee Furbert Good morning, Mr. Speaker, and thank you. To the Minister: Congratulations for moving forward on this. I just would also like to ask, in regard to the social programming activities, we have men-tioned programming in regard to addiction programme services. And with a population–– [since] we know that addiction also …

The Speaker The Speaker Thank you. Minister. Hon. Michael A. Weeks: Thank you, Mr. Speaker. And I want to definitely thank the Member for asking that question. I think it is an excellent question. Mental health issues are definitely a problem that is on the rise. And we recognise in the addiction community that …

The Speaker The Speaker Now, now, Members. Save your comments. Thank you. Hon. Michael A. Weeks: —co-occurring disorders, which include mental health, will be addressed.

The Speaker The Speaker Thank you. [Inaudible interjections]

The Speaker The Speaker Members! Members! Supplementary? No supplementary? No further questions. Members, we will move on. The next question is for Minister Weeks, for you, as well, in reference to your Statement in reference to Cup Match and Emancipation. And we have a question from the Honourable Member from constituency 36. Honourable Member, …

The Speaker The Speaker Thank you. Minister, would you like to give a response? Hon. Michael A. Weeks: Yes, Mr. Speaker. And again, that is an excellent question from my colleague. But, you know, I was not born then. But I will under-take to get that information.

The Speaker The Speaker Thank you. Supplementary? Further questions? No further questions; no supplementaries. That brings us to the end of our Question P eriod. We move on to the Orders of the Day. CONGRATULATORY AND/OR OBITUARY SPEECHES

The Speaker The Speaker Would any Member wish to speak? I recognise the Deputy Speaker. Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Yes, thank you, Mr. Speaker. Mr. Speaker, I would like for this House to honour Roddy Burchall. Roddy Burchall was at John Smith’s Bay some weeks ago, and he was talking to …

The Speaker The Speaker Thank you, Honourable Member. Does any other Member wish to speak? I recognise the Honourable Member, Mrs. Gordon- Pamplin. You have the floor.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. Mr. Speaker, I would ask that this Honourable House send congratulations to the winners of the Mini- Cup Match yesterday that was competed at the National Sports Centre. The Sports Minister is asking to be associated. Mr. Speaker, there is a real funny story. During the …

The Speaker The Speaker You know where victory is going to be.

Mrs. Patricia J. Gordon -Pamplin Well—

The Speaker The Speaker Continue on.

Mrs. Patricia J. Gordon -Pamplin What was interes ting, I had some friends who had asked if I would take them to the match, because the lady had a great - grandson, Isaiah, who was playing. I said of course I would. When I got there, realising it was the Mini -Cup Match, Mr. Speaker, …

The Speaker The Speaker Yes. You can repeat that. That is worthy of being repeated.

Mrs. Patricia J. Gordon -Pamplin As difficult as it was to swallow, I am certainly sure that it was not a precursor to what is going to happen next week. And I would certainly like to congratulate all of the compet itors, both Somerset and St. George’s. The young sportsmen really acquitted themselves well, showed …

The Speaker The Speaker Thank you, Honourable Member. Does any other Member wish to speak? I recognise Honourable Member Weeks. You have the floor. Hon. Michael A . Weeks: Thank you, Mr. Speaker, again. I would like to start my remarks by being associated with the remarks of the Member who just took her …

The Speaker The Speaker Mm-hmm. Hon. Michael A. Weeks: I told the story yesterday when I was given the opportunity to speak, that I r emember when Dr. Radell Tankard almost 20 years ago, came to me and told me about the idea t hat he had of honouring past Cup Match players and …

The Speaker The Speaker Mm-hmm. Hon. Michael A. Weeks: —and then just moved on. Mr. Speaker, before I take my seat, I would like to also have a letter of congratulations sent to Mr. Cleveland “Out -a-Site” Simmons for his community outreach service and his development of entertai nment in Bermuda. In particular, Mr. …

The Speaker The Speaker Ah! Minister. Minister. You can finish that at another occasion. Hon. Michael A. Weeks: All right. Thank you, Mr. Speaker.

The Speaker The Speaker Would any other Member like to speak? I recognise the Honourable Member from constituency 28. Honourable Member Lister, you have the floor.

Mr. Dennis Lister III Good morning to the House and to the listening public, Mr. Speaker. I would like to send congratulations to the Bermuda Under 21 National Netball Team, who fi nished undefeated at the USA Netball Under 21 International Development Series in Florida. They defeated the US and Canada four times. So, …

Some Hon. Members Some Hon. Members Yes! Yes! [Inaudible interjections]

An Hon. Member An Hon. Member No, take your seat! Take your seat!

The Speaker The Speaker Cub Cup Match, too, yes.

Mr. Dennis Lister III And, Mr. Speaker, final congratulations to yourself. On Monday, you and my mother celebrated 37 years in marriage. So, I would like to send congratulations to yourself, Mr. Speaker.

Some Hon. Members Some Hon. Members Oh! Oh!

The Speaker The Speaker Thank you. [Desk thumping and cheers ]

The Speaker The Speaker All right. I think you are trying to win favours, but no favours from the Speaker. [Laughter]

The Speaker The Speaker Mr. Premier, would you lik e to speak next? Hon. E. David Burt: Mr. Speaker, yes, thank you. Mr. Speaker, I would like to rise to associate myself with the comments that were just given by the Honourable Member from constituency 28, because I think that we certainly should send …

The Speaker The Speaker Thank you, Honourable Premier. We now recognise the Honourable Member from constituency 4. Honourable Member Furbert, you have the floor.

Mrs. Tinee Furbert Thank you, Mr. Speaker. I would like to send congratulations out. I would also like to associate the Minister of Education and MP Christopher Famous. Last n ight, we all a ttended the Power of One programme, which included Digibotics, Gaming Academy, and the AH! TEMPO. AH! TEMPO had the …

The Speaker The Speaker Thank you, Honourable Member. I now recognise the Deputy Premier. Deputy Premier, would you like to take the floor? Hon. Walter H. Roban: Thank you, Mr. Speaker. First, I would just like, for the record, to just perhaps give a slight correction to a condolences r emark that was given …

The Speaker The Speaker Yes. Hon. Walter H. Roban: I would also think that the House might want to ensure that we give recognition to the 102 nd birthday of Mr. Brownlow Place, obviously someone of note in the community whose birthday was celebrated. I think it is important that he is perhaps one …

The Speaker The Speaker Thank you, Honourable Member. We now recognise the Honourable Member from constituency 26. Honourable Member Tyrrell.

Mr. Neville S. Tyrrell Good morning, Mr. Speaker, and thank you very much. Mr. Speaker, I would like to be associated with those congratulations to the Under 21 Netball Team. But my colleagues failed to mention the coac hes of that team, Mr. Anthony Mouchette and Ms. Kimale Evans, who certai nly were instrumental …

Lt. Col. Hon. David A. Burch Thank you, Mr. Speaker. I would ask that condolences be sent to the family of the late Willis Smith, who was an employe e of the Ministry of Public Works for 35 years, Mr. Speaker. He passed recently in the United Kingdom, where he had relocated. But he is being …

Mr. Speaker. Thank you. The Speaker Thank you, Honourable Minister. We now recognise the Honourable Member from constituency 2. Honourable Member Swan, you have the floor.

Mr. Hubert (Kim) E. Swan Thank you, Mr. Speaker. Mr. Speaker, I would like for a letter of condolences to be sent to the family of Herman Reginald Burch, from Water Street, St. George’s. I know the Honourable Member from constituency 1, Ms. Renee Ming, would like to be associated with a musician and well-known …

The Speaker The Speaker Thank you, Honourable Member. Thank you, Honourable Member. I now recognise the Member from constitue ncy 10. Honourable Member, you have the floor. Hon. Michael H . Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the congratulations by the Honourable Member from constituency 2 …

The Speaker The Speaker Ahem . [Laughter] Hon. Michael H. Dunkley: You have mysteriously developed a cough, Mr. Speaker. And the last thing I would like to do on this section of the Order Paper today, Mr. Speaker, is to congratulate three gentlemen from Conyers Dill & Pearman, Messrs. Anderson, Pearman, and MacIntyre, for …

The Speaker The Speaker Thank you, Honourable Member. Now I recognise the Honourable Member, the Minister of Education. Minister, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the comments for Ms. Susan Fox. She was someone who was at work …

The Speaker The Speaker That is all right. It is all right. [Laughter and inaudible interjections ]

The Speaker The Speaker None left for you. They were all gone before you got there; we understand that. Hon. Diallo V. S. Rabain: Mr. Speaker, I think it is important to mention that the Ascendant STEAM pr ogramme was exclusively for —well, not exclusively for, but was catered to public sc hool students …

The Speaker The Speaker Thank you, Member. I recognise the Honourable Member Ming. Honourable Member Ming, you have the floor.

Mrs. Renee Ming Good morning, Mr. Speaker and listening audience. I start on a sad note today. I would like to ensure that condolences are sent to the family of Karon 2944 27 July 2018 Official Hansard Report Bermuda House of Assembly “KK” Williams. I grew up with KK in St. George’s, one …

The Speaker The Speaker Thank you, Honourable Member. And, Member, I think you bring us to a close of this section. Well, the fellow behind you just rose. Honourable Member from constituency 11.

Mr. Christopher Famous Good morning, Mr. Speaker, and good morning to the listening public.

The Speaker The Speaker Good morning to you.

Mr. Christopher Famous I will not be long, Mr. Speaker, because everyone else has mentioned ev erybody I was going to talk about. But what I will say, Mr. Speaker, is last night the audience at CedarBridge, or Ruth Seaton James [Centre], was treated to a marvellous performance by Bermuda’s young people, AH! …

Mr. Christopher Famous You are cutting into my time. [Laughter]

Mr. Christopher Famous But the play was directed by Mr. Rajai Denbrook, of St. George’s. And in that play, it spoke about young people coming up with a solution for a power outage during a hurricane. And it spoke about a government that did not want that sol ution. It spoke about —actually, …

The Speaker The Speaker The right place for it to be, right place to be. The right place to be.

Mr. Christopher Famous Because, Mr. Speaker, I pride myself on coming in early. I was th e first one in the House today.

An Hon. Member An Hon. Member No, you were not. [Inaudible interjections and laughter ]

The Speaker The Speaker Actually, somebody must have been before you if it was on your desk. Somebody had to be before you. Somebody had to be before you.

Mr. Christopher Famous Well, hence why they say, Let’s roll the tape! So, Mr. Speaker, I presume that, on August the 10 th, we shall get to the bottom of this blasphemy. Thank you, Mr. Speaker.

The Speaker The Speaker Well, on August 10th, they will be on all desks. How is that? Will that make you feel better? We will make sure all desks have them. Thank you for your comments.

Mr. Christopher Famous Well, just as Jesus says, Get thee behind me, I say to the people of St. George’s, Ward them off! Thank you, Mr. Speak er. [Laughter]

The Speaker The Speaker And with that, I think it does bring us to the close of congratulations and condolences. And I believe that the August 10th sitting will be a very inte rBermuda House of Assembly esting sitting when it comes to congratulations and condolences. Members , we now move on to the …

The Speaker The Speaker There are none. PERSONAL EXPLANATIONS

The Speaker The Speaker There are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MAT TERS OF URGENT PUBLIC IMPORTANCE The Spe aker: There are none. INTRODUCTION OF BILLS GOVERNMENT BILLS

The Speaker The Speaker I believe there is one on the Order P aper. Minister Caines, would you like to brush past this part, or — Hon. Wayne Caines: No, sir.

The Speaker The Speaker Okay. FIRST READING DEFENCE (COAST GUARD UNIT) AMENDMENT ACT 2018 Hon. Wayne Caines: I crave your indulgence. Thank you. The Government Bill, Mr. Speaker. I am intr oducing the following Bill for its first reading so that it may be placed on the Order Paper for the next sitting of …

The Speaker The Speaker Thank you, Minister. We now move on. OPPOSITION BILLS

The Speaker The Speaker There are none. PRIVATE MEMBERS’ BILLS

The Speaker The Speaker There are none. NOTICES OF MOTIONS

The Speaker The Speaker I believe we have one down this mor ning. My dear friend from the East End, would you like to take the floor?

Mrs. Renee Ming Yes. Thank you, Mr. Speaker.

The Speaker The Speaker Go right ahead. CONSIDERATION OF THE REPORT OF THE PARLIAMENTARY JOINT SELECT COMMITTEE ON THE NECESSITY FOR A PUBLIC SEX OFFENDERS REGISTER AND OTHER PERTINENT MATTERS RELATING TO CONVICTED SEX OFFENDERS

Mrs. Renee Ming Mr. Speaker, I hereby give notice that at the next day of meeting, I propose to move the following Motion: BE IT RESOLVED tha t this Honourable House consider and approve the Report of the Parliamentary Joint Select Committee on The Necessity for a Public Sex Offenders Register and [Other …

The Speaker The Speaker Thank you, Honourable Member. ORDERS OF THE DAY

The Speaker The Speaker That now brings us to the Orders of the Day. And, Members, as you are aware, there are quite a number of Orders that we will be dealing with this morning, or today (I should say). And the first Order is the second reading of the Proceeds of Crime (Miscellaneous) …

The Speaker The Speaker Continue on, Minister. Hon. K im N. Wilson: Mr. Speaker, I am pleased to introduce to this Honourable House the following suite 2946 27 July 2018 Official Hansard Report Bermuda House of Assembly of Amendment Bills designed to address matters that are pertinent to Bermuda’s compliance with intern ational standards …

The Speaker The Speaker Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Deputy Leader of the Opposition. Honourable Member Scott, you have the floor.

Ms. Leah K. Scott Thank you, Mr. Speaker. Mr. Speaker, good morning.

The Speaker The Speaker Good morning.

Ms. Leah K. Scott And good morning to the listening audience. Mr. Speaker, first of all, I would like to give Shauna MacKenzie the Best of Bermuda award for all of the work that she and her team have done in terms of getting us together and where we need to be for our …

The Speaker The Speaker Continue on, being you requested.

Ms. Leah K. Scott Thank you, Mr. Speaker. So, the EU, the European Council, has an approach to how they determine whether an offshore centre is one of concer n. First, they look at us on a substantive basis. The substantive basis is —“First, as the following sections will explore, the criteria depend largely …

The Speaker The Speaker Thank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Honourabl e Member Gordon-Pamplin. Honourable Member, you have the floor.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. Mr. Speaker, I had sort of nearly anticipated that Members opposite would probably have also ri sen to try to support what the Governm ent is attempting to do. I think the Honourable Deputy Leader of our party has adequately expressed the necessity for the implementation …

An Hon. Member An Hon. Member We had this discussion . . .

Mrs. Patricia J. Gordon -Pamplin Yes, yes. I am just saying. I am just saying. I am just saying. I just said that I was, personally, unaware. I knew they were all going to be done; I was not sure that they were going to be done under one umbrella. [Inaudible interjection]

Mrs. Patricia J. Gordon -Pamplin That is fine. That is fair enough. Fair enough. [Inaudible interjection]

Mrs. Patricia J. Gordon -Pamplin Fair enough, fair enough.

The Speaker The Speaker Members, let us speak to the Chair. Speak to the Chair and let the conversation flow through the Chair, Members.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. So, I think that it is appropriate . . . because I had anticipated that we would hone down a little bit more, individually, as opposed to doing one blanket. I think that some of the comments that I wish to make, obviously, will be made …

The Speaker The Speaker But let me just help you out here, Mem ber. The overview was for the entire packet.

The Speaker The Speaker But we are going to do each Bill as we move through. So, on each Bill, you will be able to Bermuda House of Assembly have that general comment before we go to Commi ttee.

Mrs. Patricia J. Gordon -Pamplin Okay. Fine. Then, I think that the manner in which it was approached . . . because I think, normally (Mr. Speaker, if you can just indulge me for a second), we would have a reading of [Order] No. 1. And then we would have a general di scussion of …

The Speaker The Speaker Yes, nothing has been changed. Let me jus t . . . for the clarity of everybody. [Inaudible interjections]

The Speaker The Speaker Deputy, Deputy . . . thank you. Just hold your seat for a minute. Just hold your seat. Let me clarify for everybody. All of these matters fall under the similar umbrella. We accept that.

Mrs. Patricia J. Gordon -Pamplin Right. Yes.

The Speaker The Speaker So, when the Minister rose to her feet, the Minister gave an overview of the package. But when we get to the individual legislation, yes, there will be a time for you to make a general comment before we go into Committee. We will not just give this overview and …

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. In which case, I will reserve my comments until we get to the individual Bills. Thank you.

The Speaker The Speaker Would any other Member like to speak? No other Member would like to speak. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. I do not have a problem with reading that 19page brief every time we go through each Bill. We might be here all night, but I do …

The Speaker The Speaker Thank you. Deputy. House in Committee at 12:23 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 2) ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Proceeds of Crime (Miscellaneous) (No. 2) Act 2018 . Minister, you have the floor. Hon. Kim N. Wilson: Mr. Chairman, the pream ble . . . I would like to move …

The Chairman Chairman Clauses 1 through 9? There are no amendments in this Bill? Hon. Kim N. Wilson: Not in this one.

The Chairman Chairman Okay. Continue. Hon. Kim N. Wilson: The preamble. Mr. Chairman, the preamble explains that the Bill seeks to amend the Proceeds of Crime Act 1997, the Proceeds of Crime (Anti-Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act 2008, the Pr oceeds of Crime (Anti -Money Laundering and Anti …

The Chairman Chairman Are you going to be long? [Inaudible interjection]

The Chairman Chairman Okay. Deputy, do you want to . . . Hon. Walter H. Rob an: Mr. Chairman, I move that we adjourn until two o’clock, for lunch.

The Chairman Chairman We will adjourn until 2:00. [Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:02 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME ( MISCELLANEOUS) (NO. 2) ACT 2018 [Continuation of Committee thereon] [NO AUDIO]

Ms. Leah K. Scott Okay. Thank you. Thank you, Mr. Chairman. I just have couple of questions on [clause] 2(1) which amends [section 42A(1) of] the Proceeds of Crime Act 1997. There is [an insertion of par agraph] (j) that says, “ carries on for or on behalf of a customer the business of …

The Chairman Chairman Schedule 3, [Paragraph] 1(f), you are looking at —

Ms. Leah K. Scott On the same page, page 4, Schedule 3.

The Chairman Chairman Mm-hmm.

Ms. Leah K. Scott And then [paragraph] 1(f).

The Chairman Chairman Mm-hmm.

Ms. Leah K. Scott [It reads] “ financial guarantees and commitments, not including financial guarantee insurance which is insurance business under the I nsurance Act 1978.” What is a commitment? I understand . . . a guarantee can actually be a physical document, like when you go to the bank it can guarantee something. …

The Chairman Chairman Any further speakers? Minister, do you want to respond? Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, with respect to the questions that were raised, the first one concerning the PTCs, as long as the PTCs are . . . there is a licensed CSP [Corporate Service Provider] …

The Chairman Chairman The Chair recognises the Honourable Leah Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman, and thank you to the Minister. I appreciate that these are the things that FATF has asked for. But I am just wondering if we can go beyond what they are requesting just because we are doing so many things in this space of FinTech and …

The Chairman Chairman Minister. Hon. Kim N. Wilson: Thank you. I take the Member’s point; however, this legi slation has moved very quickly. New technologies and financial . . . oh my, I just went blank — [Inaudible interjection] Hon. Kim N. Wilson: —different types of financial instruments, and so forth, are moving …

The Chairman Chairman Any further speakers? 2954 27 July 2018 Official Hansard Report Bermuda House of Assembly There appear to be none. Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that all of the clauses be accepted.

The Chairman Chairman It has been moved that all of the clauses, 1 through 9, be approved. Any objections to that? There appear to be none. [Motion carried: Clauses 1 through 9 passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that the preamble be approved.

The Chairman Chairman It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move now that the Bill be reported to the House.

The Chairman Chairman How about t he Schedule? We have to do the Schedule. Hon. Kim N. Wilson: Oh, I do apologise. Thank you, Mr. Chairman. I also move that the Schedule be approved.

The Chairman Chairman It has been moved that the Schedule be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: The Schedule passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that the Bill now be reported to the House.

The Chairman Chairman It has been moved that the Bill be reported to the House. Are there any objections to that? There are no objections. Approved. The Bill will be reported to the House. [Motion carried: The Proceeds of Crime (Miscellaneous) (No. 2) Act 2018 was considered by a Committee of the whole …

The Speaker The Speaker Members, are there any objections to the Proceeds of Crime (Miscellaneous) (No. 2) Act 2018 being reported to the House as printed? No objections. So moved. We will now move on to the next Order on the Order Paper, which is the second reading of the Pr oceeds of Crime …

The Speaker The Speaker Continue. Hon. Kim N. Wilson: Thank you. Mr. Speaker, as I previously mentioned, this particular Bill seeks to make amendments that will address specific technical requirements of FATF [which had] reviewed our technical submissions that were submitted in March of this year. Some of the other provisions in this legislation …

The Speaker The Speaker Thank you, Minister. Does any other Member wish to speak? Bermuda House of Assembly [Pause]

The Speaker The Speaker Silence is golden sometimes, but not always. [I am] waiting for you Honourable Member.

Ms. Leah K. Scott Oh, I am waiting for you to recognise me.

The Speaker The Speaker Oh! Yes! [Laughter]

The Speaker The Speaker I’m sorry. Continue on. I thought I had done that. I saw you get up. My fault.

Ms. Leah K. Scott Thank you, Mr. Speaker. I actually do not have a lot to say about this piece of legislation. It is pretty much just substituting the words “financial institution” for “a relevant person.” But I am just wondering, and I do not actually have the piece of legislation that this comes …

The Speaker The Speaker Does any other Member wish to speak? No other Member. Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker, I will endeavour to get that answer in a few moments, where the definition of relevant person can be found. But with your lead I would like to go ahead and proceed …

The Speaker The Speaker No problem. Hon. Kim N. Wilson: I would like to move that this Bill now be committed.

The Speaker The Speaker Deputy . House in Committee at 2:15 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 3) ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider a-tion on the Bill entitled the Proceeds of Crime (Miscellaneous) (No. 3) Act 2018 . Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would li ke to move clauses 1 …

The Chairman Chairman Continue. Hon. Kim N. Wilson: Thank you, Mr. Chairman. The preamble, which explains that the Bill seeks to amend the Proceeds of Crime Act 1997, the Financial Intelligence Agency Act 2007, the Anti - Terrorism (Financial and Other Measures) Act 2004 , and the Proceeds of Crime (Anti -Money Laundering …

The Chairman Chairman Any further speakers? The Chair recognises the Deputy Leader of the Opposition, Ms. Leah Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. As I said, I really do not have much to say about the legislation. I do know that the substantive definition is in the Proceeds of Crime Act. I guess my question is going to be the same thing throughout. Digital assets are not contained in …

The Chairman Chairman Any further speakers? Minister. Hon. Kim N. Wilson : Yes, thank you. And again, the listing of financial instruments (I got the word this time) and other types of instr uments that could be considered by FATF or CFATF, or new technologies to require that the AML/ATF r egime be …

The Chairman Chairman Right. Let’s move clauses 1 through 11. Hon. Kim N. Wilson: Okay. Thank you, Mr. Chai rman. I would like to move that clauses 1 through 11 do stand and form part of the Bill.

The Chairman Chairman It has been moved that clauses 1 through 11 be approved. Any objections to that? There appear to be n one. Approved. [Motion carried: Clauses 1 through 11 passed.]

The Chairman Chairman Continue, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I would like to move clause 12, which does have an amendment.

The Chairman Chairman Mm-hmm. Continue. Hon. Kim N. Wilson: Clause 12 amends the Pr oceeds of Crime (Anti -Money Laundering and Anti - Terrorist Financing) Regulations 2008 to amend regulation 16 so that regulated entities respond to enqui ries from the Financial Intelligence Agency and the police “ without delay” instead of merely …

The Chairman Chairman Yes, I am . . . Is that clause 12? [Inaudible interjection] The Chairm an: Not with the amendment that we have here. Hon. Kim N. Wilson: Mr. Chairman, I got ahead of myself.

The Chairman Chairman That’s all right. Is clause 12 to be d eleted? Bermuda House of Assembly [Crosstalk] CLAUSE 12 DELETED Hon. Kim N. Wilson: Clause 12 is to be deleted, Mr. Chairm an.

The Chairman Chairman Okay. Do you want to move that . . . I’m sorry. Honourable Member Leah Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. So [regulation] 16(4) of . . . and I just want to make sure I have it right. The Proceeds of Crime (A nti-Money Laundering and Anti -Terrorist Financing) Regulations 2008, and we are amending [regulation] 16(4) . . . Hon. Kim N. Wilson: By deleting.

Ms. Leah K. Scott By deleting . . . we are deleting clause . . . well, wait a minute. Hon. Kim N. Wilson: The ent ire clause 12 is being deleted.

Ms. Leah K. Scott So clause . . . okay. So we are not amending regulation 16 then?

The Chairman Chairman Clause 12 . . . well, yes.

Ms. Leah K. Scott That is what this means. We are taking out clause 12, which means that [regul ation] 16(4) stands in the Regulations. Hon. Kim N. Wilson: Correct.

Ms. Leah K. Scott Okay. Thank you.

The Chairman Chairman The Chair recognises the Honourable Pat Gordon- Pamplin.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Chairman, just a quick questi on. Just for clarity. What is the purpose behind deleting clause 12, which would have amended [regulation] 16(4)? Hon. Kim N. Wilson: Thank you. And I thank that Honourable . . .

The Chairman Chairman Yes, you may. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I apologise. I thank that Honourable Member for that question. The reason that clause 12 is being removed and deleted is because it is a duplication. When we get to Proceeds of Crime Act [POCA] 4, you will see …

Mrs. Patricia J. Gordon -Pamplin Okay.

The Chairman Chairman Any further on that clause? No. Minister? Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that clause 12 be approved as amended. No?

The Chairman Chairman No, it is not amended, it is deleted. Hon. Kim N. Wilson: But that is the amendment, isn’t it?

The Chairman Chairman Well, okay. Well, normally an amendment is one . . . one for the other. But anyhow . . . [Laughter]

The Chairman Chairman It has been moved that clause 12 be— The Clerk: Deleted.

The Chairman Chairman —deleted. Any objections to that? There appear to be none. Approved. [Motion carried: Clause 12 deleted.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that the preamble be—

The Chairman Chairman Well, you have got [clause] 13. Hon. Kim N. Wilson: Sorry. I move clause 13 which amends the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing) Regulations 2008 to amend regulation 18A to make it clear that the provision applies to all regulated entities (relevant persons) and not …

The Chairman Chairman Any speakers? There appear to be none. Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that clauses 12, as amended, and clause 13 do stand and form part of the Bill. The Chairm an: We have already approved [deleting] clause 12. Do you want …

The Chairman Chairman Yes. It has been moved that clause 13 be approved. Any objections to that? There appear to be none. Approved. [Motion carried: Clause 13 passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that the preamble be approved.

The Chairman Chairman It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move now that the Bill be reported to the House as amended.

The Chairman Chairman It has been moved that the Bill be reported to the House as amended. Are there any objections to that? There appear to be none. Approved. The Bill will be reported to the House, as amended. [Motion carried: The Proceeds of Crime (Miscellaneous) (No. 3) Act 2018 was considered by …

The Speaker The Speaker Members, are there any objections to the Proceeds of Crime (Miscellaneous) (No. 3) Act 2018 being reported to the House as amended? No objections. So moved. We will now move on to the next item, which is the Proceeds of Crime (Miscellaneous) (No. 4 ) Act 2018 . Minister. BILL …

The Speaker The Speaker Does any other Member wish to speak? We recognise the Honourable Deputy Oppos ition Leader. Honourable Member, you have the floor.

Ms. Leah K. Scott Thank you, Mr. Speaker. I actually, again, do not have much to say about this legislation. I have a couple of points that I would like to address in Committee. Outside of that, I do not . . . this is part of the whole process of getting ourselves ready …

The Speaker The Speaker Does any other Member wish to speak? No other Member. Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. I would l ike to move that the Bill entitled the Proceeds of Crime (Miscellaneous) (No. 4) Act 2018 be now moved to Committee.

The Speaker The Speaker Deputy. House in Committee at 2:29 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME (MISC ELLANEOUS) (NO. 4) ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation on the Bill entitled the Proce eds of Crime (Miscellaneous) (No. 4) Act 2018 . Minister, you have the floor. Bermuda House of Assembly Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like …

The Chairman Chairman Continue. Hon. Kim N. Wilson: Thank you, Mr. Chairman. The preamble explains that the Bill seeks to amend the Proceeds of Crime Act 1997 and related legislation together with Acts relating to certain regulated financial service businesses, the Revenue Act 1898, the Bermuda Monetary Authority, and to e nhance Bermuda’s …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Member Leah Scott. You have floor, Ms. Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. 2960 27 July 2018 Official Hansard Report Bermuda House of Assembly I only have a couple of questions. On page 2 of the amended legislation, section 42B(1)(a), which says “ a parent company, or any other type of legal person, which exercises control and coordinating functions …

The Chairman Chairman Any further speakers? Minister. [Crosstalk] Hon. Kim N. Wilson: Mr. Chairman, can I stand by a minute, please? The Ch airman: Mm-hmm. Hon. Kim N. Wilson: Thank you for your patience, Mr. Chairman. In answer to that question I can advise the Honourable House that at this time with respect …

The Chairman Chairman Well, let me see if there are any further speakers first. Any further speakers? The Chair recognises Ms. Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. So, in the event that you have a structure like that, a PTC with a trust and underlying companies, is the collection of KYC [Know Your Customer] still the responsibility of the trustee and will there be consider-ation given at any time to that sort of …

The Chairman Chairman Any further speakers? Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Financial groups will be based on the core principles that companies being . . . sorry, on the core principles, and that will include companies of insurance investment banks [that] may also be designated …

The Chairman Chairman Any further speakers? Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Chairman. I would like to move clauses —

The Chairman Chairman Let’s approve these clauses 1 through 3 first. Hon. Kim N. Wilson: I am sorry. I would like to move that clauses 1 through 3 be approved.

The Chairman Chairman It ha s been moved that clauses 1 through 3 be approved. Any objections? There appear to be none. Approved. [Motion carried: Clauses 1 through 3 passed.] Hon. Kim N. Wilson: Mr. Chairman, I would like to just proceed with moving clause 4.

The Chairman Chairman Clause 4? Hon. Kim N. Wilson: Yes.

The Chairman Chairman Continue. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Clause 4 . . . and there are two amendments to this, Mr. Chairman. Clause 4 amends the Proceeds of Crime (A nti-Money Laundering and Anti -Terrorist Financing Regulations 2008 by: • amending regulation 2 to include the definition of “financial …

The Chairman Chairman Yes, go ahead, move— AMENDMENT TO CLAUSE 4(3) Kim N. Wilson: To insert the words “trust or” immediately before the words “life insurance policy.” This floor amendment will include the benef iciaries of a trust in the requirement being established in this new provision.

The Chairman Chairman Let’s deal with this one first. Hon. Kim N. Wilson: Okay.

The Chairman Chairman Any speakers on the amendment, clause 4(3)?

Ms. Leah K. Scott Thank you, Mr. Chairman. I guess my question on the amendment is, How are you including the beneficiary of a trust when you are not including the trust as part of a financial group?

The Chairman Chairman Ministe r. [Crosstalk] Hon. Kim N. Wilson: Just . . . for a minute, please.

The Chairman Chairman Mm-hmm, [Pause] Hon. Kim N. Wilson: Mr. Chairman, with respect to this section of (3A), and the amendment of trust, it specifically applies in relation to the CDD [ Customer Due Diligence] that needs to be required . . . sorry, that needs to be applied, the customer due diligence …

The Chairman Chairman Any further speakers on that? There appear to be none, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, with your leave, there is an amendment to [clause] 4(6).

The Chairman Chairman Let’s approve [clause] 4(3) first. Hon. Kim N. Wilson: That was going to be my question.

The Chairman Chairman Yes, move that. Hon. Kim N. Wilson: I move that clause 4(3) be amended and . . . form part of the Bill.

The Chairman Chairman It has been moved that clause 4(3) as amended be approved. Any ob jections to that? There appear to be none. Approved. [Motion carried: Clause 4(3) passed as amended.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. The next clause amends regulation 10 to r eflect FATF guidance requiring simplified …

The Chairman Chairman No, I understand that. But you have a [clause] 4(6). We just did [clause] 4(3). Hon. Kim N. Wilson: I am on clause 4(4) now, Mr. Chairman. [Crosstalk] Hon. Kim N. Wilson: I haven’t gotten to clause 4(6) yet.

The Chairman Chairman I don’t have a [clause] 4(4) in my amendment. 2962 27 July 2018 Official Hansard Report Bermuda House of Assembly [Crosstalk]

The Chairman Chairman One second. [Crosstalk]

The Chairman Chairman Okay. Go ahead. Conti nue. AMENDMENT TO CLAUSE 4(6) Hon. Kim N. Wilson: Thank you, Mr. Chairman. I am making a motion to amend clause 4(6) to make a correction to delete the words “under regul ations 5, 6, 7, 8, 14, 14A, 16, 17, 18, and 18A,” and substitute …

The Chairman Chairman Any further speakers? There appear to be none. Minister, do you want to move that? Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that that clause, as amended, form part of the Bill.

The Chairman Chairman You said that clause . . . you want to make it clear to the listening public? Hon. Kim N. Wilson: Clause 4(6).

The Chairman Chairman It has been moved that clause 4(6) be approved as amended. Any objections to that? There appear to be none. Approved. [Motion carried: Clause 4(6) passed as amended.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, I am going to go down to and including [clause] 4(10) because …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Member Mr. Pearman from [constituency] 22.

Mr. Scott Pearman Mr. Chairman, I wish to speak to clause 4 in the general sense, so do you only wish me to speak at this moment on the amendment?

The Chairman Chairman Continue.

Mr. Scott Pearman Okay. Mr. Chairman, if I could simply record for the record as I think it is appropriate, and before I do so, let me make it very clear that I am not in any way being critical of the Minister, nor of the team at the Ministry, the BMA, and …

The Chairman Chairman Well, those comments . . . can you withdraw that comment? We are not shoving —

Mr. Scott Pearman I will withdraw that comment, Mr. Chairman— The Chai rman: Thank you.

Mr. Scott Pearman —nonetheless, it should be recorded and recognised that this was a Bill tabled on the 20 th of July. In relation to this Bill, we are now having Bermuda House of Assembly three floor amendments moved. And in relation to a specific amendment, whi ch the [Minister] dealt with a …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Member H adley Cole Simons.

Mr. N. H. Cole Simons Thank you, Mr. Chairman. Just for clarity, for batch transfers, can the Minister confirm whether there will be due diligence done on all the payees in the batch transfers? And I am asking because— Hon. Zane J. S. De Silva: Point of order, Mr. Chai rman.

The Chairman Chairman What is your point of order? POINT OF ORDER Hon. Zane J. S. De Silva: I certainly think if Members opposite are going to speak, they should declare their interest. The speaker before and now this speaker, they should declare their interest.

The Chairman Chairman Well—

Mr. N. H. Cole Simons Mr. Chairman, I work for the bank. And as a consequence, I declare my interest.

The Chairman Chairman Thank you.

Mr. N. H. Cole Simons I have nothing to hide, Mr. Chairm an. [Inaudible interjections]

Mr. N. H. Cole Simons We do not need anything from the peanut gallery, thank you.

The Chairman Chairman Now, Mr. Simons, those comments . . . we are above that.

Mr. N. H. Cole Simons Mr. Chairman, I could not hear myself think , they were making so much noise. [Inaudible interjections]

The Chairman Chairman Mr. Simons — [Inaudible interjections]

The Chairman Chairman Hang on. Hang on. [Gavel]

The Chairman Chairman We are not going to have those type of comments here. All right? Mr. Simons, you are above that; I know you are. All right? So let’s keep this at a level that it should be in these quarters. Continue. Hon. Jeanne J. Atherden: Point of order, Mr. Chai rman.

The Chairman Chairman What is your point of order? Hon. Jeanne J. Atherden: If there is going to be a declaration of interest —

The Chairman Chairman Who are you point -of-ordering? Hon. Jeanne J. Atherden: Oh, sorry. Never mind. Point of clarification, Mr. Chairman.

The Chairman Chairman Okay. Hon. Jeanne J. Atherden: Sorry. Sorry, Mr. Chai rman, apolo gies. Point of clarification, Mr. Chairman. POINT OF CLARIFICATION Hon. Jeanne J. Atherden: I would like to think that if there are going to be declarations of interests that all the Members here, obviously, especially the lawyers and the …

The Chairman Chairman We will abide by the rules. Continue, Mr. Simons.

Mr. N. H. Cole Simons Thank you. In regard to batch transfers, can the Minister confirm that the beneficiaries or the various payees in the batch transfers, they will be assessed and monitored from a KYC and AML point of view, all the ben eficiaries that are in the batch transfers?

The Chairman Chairman Thank you, Mr. Simons. Any further speakers? The Chair recognises the Honourable Zane De Silva. Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Chairman. Mr. Chairman, I am sure that with the tec hnical officers we have here today and with the Minister we have presenting this …

The Chairman Chairman Honourable Member, we have gone past that — Hon. Zane J. S. De Silva: Yes.

The Chairman Chairman —and we are dealing with the clauses— Hon. Zane J. S. De Silva: Yes.

The Chairman Chairman —and just the general comments — Hon. Zane J. S. De Silva: Yes, I would just like to say, Mr. Chairman, for the record, that the Honourable Member Pearman said that we are shoving this down his throat and he only got it a week before. Mr. Chai rman—

Mr. Scott Pearman Point of clarification, Mr. Chai rman. Hon. Zane J. S. De Silva: No. No.

The Chairman Chairman Member . POINT OF CLARIFICATION

Mr. Scott Pearman My statement was that the international regulators were shoving this down the throat of Bermuda. You asked me to withdraw it, and I did. I did not say, and indeed I prefaced, by making clear that I was in no way being critical of the Minister, or indeed, the very …

Mr. Scot t Pearman So I believe that perhaps the Honourable Member — Hon. Zane J. S. De Silva: Oh, thank you very much. Okay.

Mr. Scott Pearman —misheard it. And to the extent that he wishes me to declare any interest, I am a la wyer. I am involved with bankers. And I am very concerned about Bermuda’s reputation over the Proceeds and Crime—

The Chairman Chairman Okay. That’s it.

Mr. Scott Pearman —Amendment Act. Thank you.

The Chairman Chairman That’s it. Hon. Zane J. S. De Silva: Okay. Thank you for that clarification. I certainly apologise, you know, if it was taken the wrong way. So I do say that. But I will say this to that Honourable Member that just took his seat, Mr. Chairman, that when he …

The Chairman Chairman Mr. De Silva! Hon. Zane J. S. De Silva: —and I certainly look forward to us doing that.

The Chairman Chairman Mr. De Silva, we are in Committee. [Laughter]

The Chairman Chairman Any further speakers? Minister, you have the floor. Hon. Kim N. Wilson: Yes, thank you. With respect to the question concerning the amendment that we had made previously, and then the section . . . the amendment that we are making now where we deleted one whole section, it is …

The Chairman Chairman Any further speakers? [Inaudible interjection]

The Chairman Chairman You want to repeat it, Mr. Simons? Hon. Kim N . Wilson: Mr. Chairman?

The Chairman Chairman Yes. Hon. Kim N. Wilson: I’m sorry. I apologise. With respect to the batch transfers, they are subject to KYC, but more limited as they ensure i nformation flows. This is just to clarify that there is a batch . . . sorry, that there is a batch in the …

The Chairman Chairman Any further speakers? Continue, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that t hat clause is amended.

The Chairman Chairman You want to name the clause? Hon. Kim N. Wilson: I am not even sure. [Clause] 4(6)?

The Chairman Chairman [Clause] 4(10). The Clerk: [Clause] 4(10). Hon. Kim N. Wilson: Clause 4(10). I am sorry. Clause 4(10).

The Chairman Chairman It has been moved that clause 4(10) be approved. Any objection to that? There appear to be none. Approved. [Motion carried: Clause 4(10) passed as amended.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. The following amendments are as follows: • amending regulation 26 . . . [is] to clarify …

The Chairman Chairman Just one section, Minister. You are doing another amendment? I do not have it in front of me. Hon. Kim N. Wilson: No, this is not another amendment. The Clerk: She is moving just the clauses. Hon. Kim N. Wilson: I am moving all the clauses up until [clause 15], …

The Chairman Chairman Okay. You did not . . . you did not . . . you j ust continued and you did not state that. Hon. Kim N. Wilson: Yes, I would like to move the balance of the clauses up to clause up to and inclu ding clause 15.

The Chairman Chairman You have to say the numbers; you just cannot say “balance.” [Inaudible interjec tion] Hon. Kim N. Wilson: No, because I still have four. [Crosstalk] Hon. Kim N. Wilson: I would like to move clauses 5 through 15.

The Chairman Chairman [Through clause] 15. Thank you. Continue.

Mrs. Patricia J. Gordon -Pamplin Point of clarific ation, Mr. Chairman.

The Chairman Chairman Yes, Member. POINT OF CLARIFICATION

Mrs. Patricia J. Gordon -Pamplin Mr. Chairman, the Honourable Member, as we just completed . . . the last set of amendments were for [clause] 4(10), and I think she just started speaking, the Honourable Member just started speaking in respect of [clause] 4(11). So are we just going to do the subsections because there …

The Chairman Chairman Minister, you do not have to go through that. If you have any comments, you can make them, any speakers on them, you can. All right? Okay. You can go to [clause] 5. Hon. Kim N. Wilson: I can proceed to [c lause] 5, Mr. Chairman? Okay, thank you. I …

Mr. Chairman. The Chairman Continue. Hon. Kim N. Wilson: Thank you. Clause 5 amends Schedule 2 of the Proceeds of Crime (Designated Countries and Territories ) Order 1998 to include a reference to the new section 6A, which —

The Chairman Chairman Do you want a clarification? POINT OF CLARIFICATION

Mrs. Patricia J. Gordon -Pamplin Yes, just a clarif ication. We have to approve because we have got all of these amendments, w e have to approve clause 4 before she moves on to clause 5. We have to approve clause 4 as amended. [Crosstalk]

The Chairman Chairman Yes. [Clause] 4 has been amended, but do it again. The Member was not clear. Hon. Kim N. Wilson: Mr. Chairman, I would like to move that clause 4 be approved and stand part of the Bill as amended.

The Chairman Chairman It has been moved that clause 4 be approved as amended. Any objections to that? Approved. Thank you, continue. [Motion carried: Clause 4 passed as amended.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clauses 5 through 15.

The Chairman Chairman Clauses 5 through 15. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Clause 5 amends Schedule 2 of the Proceeds of Crime (Designated Countries and Territories ) Order 1998 to include a reference to the new section 6A, which this Bill will insert in the Criminal Justice (International Co- operation) …

The Chairman Chairman Thank you. Any speakers to clauses 5 to 15? The Honourable Leah Scott has the floor.

Ms. Leah K. Scott Thank you, Mr. Chairman. I just have a question on clause 6 where it [says] “‘financial group ’ has the meaning given in section 42A . . .” and then [section] 42A refers to [section] 42B, and 42B defines what a financial group is. And I am just wondering, the …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Hadley Cole Simons. Mr. Simons, you have the floor.

Mr. N. H. Cole Simons Thank you, Mr. Chairman. I would like to refer you to [clause] 8, “ Berm udian evidence for use overseas – civil recovery pr oceedings .” Can the Minister tell us what form or what legal instrument can overseas agencies use to secure the information from Bermuda? What legal instrument …

The Chairman Chairman Thank you, sir. Any further speakers?

Mr. N. H. Cole Simons No, I am not finishe d.

The Chairman Chairman I’m sorry. [Laughter]

Mr. N. H. Cole Simons I would also like to refer [clause] 9(5) and it reads as follows: “ The register of companies, containing the information entered under subsection (4) and such other information as the Re gistrar may determine, shall be open to public inspection at the office of the Registrar during normal bus …

The Chairman Chairman Thank you.

Mr. N. H. Cole Simons —and we are now opening our registers for public, locally and overseas?

The Chairman Chairman Any further speakers? Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. With respect to the question concerning the fees, there will be no fee. And the designation is di scretionary and it will depend on the significance of that particular group. Again, these requirements are …

The Chairman Chairman Any fur ther speakers? No further speakers. [Inaudible interjection]

The Chairman Chairman You want to ask a question, Mr. S imons.

The Chairman Chairman Put your [microphone] on, sir.

Mr. N. H. Cole Simons In [clause] 9, [subsection] (3), “In section 65(1) of that Act, repeal paragraph . . . and substitute—[(a)] the names and addresses of the members, and in the case of a company having a share capital . . . .” So here is my question: Is there a shift in …

The Chairman Chairman Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I will allow the Premier to perhaps elaborate further; however, that issue with respect to the comments that the Premier has made concer ning not r evealing until other countries do likewise, is with r espect to beneficial ownership. This particular …

The Chairman Chairman You want to take a minute just to — Hon. Kim N. Wilson: With you leave, yes.

The Chairman Chairman Yes. Go ahead. [Pause]

The Chairman Chairman You want to wait until the Minister comes back? [Inaudible interjection]

The Chairman Chairman You are welcome. Hon. Kim N. Wilson: Thank you, Mr. Chairman, for your patience and indulgence. The information concerning [clause] 9(3), with respect to the share registry, that information is already made available. This particular amendment is just provi ding further clarification. Remember, I spoke previously that these amendments are …

The Chairman Chairman Conti nue, Minister. Hon. Kim N. Wilson: Thank you. The other was to clarify certain positions and nuances that were already in our legislation just to make sure that the assessors know what we are d oing. Yes?

The Chairman Chairman Mm-hmm. Hon. Kim N. Wilson: And t hen also, Mr. Chairman, with respect to an MLAT, it is information, it is a r equest that has been made by the other country or the requesting party that is a signatory to the MLAT, and then the Attorney General will govern …

The Chairman Chairman The Chair recognises the Honourable Leah Scott.

Ms. Leah K. Scott Yes, Mr. Chairman, if I could just clarify as far as . . . I have been doing corporate administration for over 30 years and as far as I know the Register of Members is not filed with the Registrar of Companies. The BMA keeps that information, the BMA keeps …

Ms. Leah K. Scott Or is it . . . I guess, I do not know what it is referencing. Because there are the names of the members, in the case of company having a share capital, there are the shares, whether the shares are fully paid, what the rights are with the shares, …

The Chairman Chairman Minister, to you want to respond to that? Hon. Kim N. Wilson: Thank you, Mr. Chairman. With respect to the exist ing provisions under the Companies Act 1981, section 66(1), as it currently stands, allows for the share register to be open to the public. This is not what is …

The Chairman Chairman Any further speakers?

Ms. Leah K. Scott That is correct, the share register is not filed with the Registrar of Companies, it is held at the registered office of the company w hich is open for inspection between the hours of 10:00 and 2:00 on any day, other than when it is closed by legal notice. So, …

The Chairman Chairman Any further speakers? Yes, c ontinue, Mr. Simons. Your [microphone] is on?

Mr. N. H. Cole Simons [Microphone turned off] T he technical officers and the Minister have indicated that there is a beneficial owner register and there is a share register. Cole Simons may own 100 shares in Cole Simons’ name at HSBC.

Mr. N. H. Cole Simons Can my name be on the share register at HSBC as a registered shareholder and possibly not be on the beneficial owner [list]? Or should my name be on both of them if it is registered in my name and not a legal person? 2970 27 July 2018 Official Hansard …

The Chairman Chairman Continue. Go ahead.

Ms. Leah K. Scott I’m sorry, Mr. Chairman. So if we are reading this correctly, our legi slation is currently being amended against all of the commitments that have been made to the companies in Bermuda in terms of not having the members’ regi ster disclosed to the public. And I do not believe …

The Chairman Chairman Any further speakers? Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, the beneficial ownership regi ster applies to interest of persons who are holding 25 per cent or more, only. This is not open for public inspection.

The Chairman Chairman You want to take to your feet again, Ms. Scott?

Ms. Leah K. Scott I understand what the Minister is saying, but that is not what this says. What this says is that the Registrar in respect of each company registered shall enter the name of the company, the certificate of incorporation, the memorandum of association, and the address of the registered office of …

The Chairman Chairman Wait until she comes back, so in all fairness you can . . . Mr. Simons, do you want to take the floor?

Mr. N. H. Cole Simons So, Mr. Chairman, if I have a listed co mpany or let’s say a company that is on the Bermuda Stock Exchange that is a small company, and Cole Simons owns 25 per cent of that company, will my name automatically be transferred to the other register which is a …

The Chairman Chairman The Chair recognis es the Honourable Leah Scott.

Ms. Leah K. Scott Mr. Chairman, my understanding of the beneficial ownership register is that it is an i nternal document that is kept at the registered office of the company. It is not filed with anybody; it is an inter-nal document. But section 65(1) of the Companies Act refers to the register of …

The Chairman Chairman Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. B ermuda House of Assembly Mr. Chairman, I am glad that the Honourable and Learned Member that just took her seat read from section 65 of Companies Act because effectively clauses [9](3)(a)(i) and (ii), are exactly what already exists under section …

The Chairman Chairman Any further speakers? There appear to be none. Minister . Do you want to move — Hon. Kim N. Wilson: Yes.

The Chairman Chairman [Clauses] 5 through 15. Hon. Kim N. Wilson: Thank you, so much, you read my mind. [ Laughter] Hon. Kim N. Wilson: Mr. Chairman, I would like t o move clauses 5 through 15, please.

The Chairman Chairman It has been moved that clauses 5 through 15 be approved. Are there any objections to that? There appear to be none. Approved. [ Motion carried: Clauses 5 through 15 passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clause 16 with an amendment.

The Chairman Chairman Continue. Hon. Kim N. Wilson: Clause 16 amends the Revenue Act 1898 to amend section 99 to enhance the information gathering powers of Customs officers in rel ation to false declarations or non- declarations at the border where currency and negotiable instruments are imported or exported. NEW CLAUSE 17 Hon. …

The Chairman Chairman Any further speakers to this amendment. There appear to be none. Continue. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that clause 16 [sic] do pass and form part of the Bill, as amended.

The Chairman Chairman It has been moved that clause 16 [s ic] be approved as amended. Any objections to that? There appear to be none. Approved. [ Motion carried: Clause 16 passed.]

The Chairman Chairman Do you want to do the preamble? Hon. Kim N. Wilson: I would like to move the preamble, Mr. Chairman.

The Chairman Chairman It has been moved that the preamble to this Bill be approved. Any objections to that? Hon. Kim N. Wilson: I move, Mr. Chairman, that the Bill do now pass as amended.

The Chairman Chairman No, be reported to the House. Hon. Kim N. Wilson: That too. [ Laughter] Hon. Kim N. Wilson: I move that the Bill be reported to the House as amended. 2972 27 July 2018 Official Hansard Report B ermuda House of Assembly The Chairman: It has been moved that the …

The Speaker The Speaker Good afternoon, Members. Any objections to the Proceeds of Crime (Mi scellaneous) (No. 4) Act 2018 be now reported as . . . [ Crosstalk]

The Speaker The Speaker Okay. All right. No pr oblem. We will move on to the next Order. BILL SECOND READING PROCEEDS OF CRIME (ANTI -MONEY LAUNDERING AND ANTI -TERRORIST FINANCING SUPERVISION AND ENFORCEMENT) AMENDMENT ACT 2018 Hon. Kim N. Wilson: Thank you, Mr. Speaker. I would like to move that the Bill entitled …

The Speaker The Speaker Continue. Hon. Kim N. Wilson: Thank you, Mr. Speaker. As I indicated previously, the main objective of this particular Bill is to enhance the enforcement and sanctioning powers of the supervisory authorities in Bermuda by providing a range of other sanctions in addition to fines, and, where necessary, increasing the …

The Speaker The Speaker Thank you. Does any other Member wish to speak? Ms. Leah K. Scott: Oh, Mr. Speaker.

The Speaker The Speaker Yes. [ Laughter]

The Speaker The Speaker Fun afternoon, eh?

Ms. Leah K. Scott Again, I do not really . . . I have a couple of things that I want to talk about in Committee, but, you know, I will say it again, it is all part of the whole process, so I do not have any comments on it. Thank you.

The Speaker The Speaker Thank you. Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. I move that the Bill do now be committed . . . [ Crosstalk]

The Speaker The Speaker So you are asking for it to be commi tted now? Deputy. House in Committee at 3:30 pm [ Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE O N BILL PROCEEDS OF CRIME (ANTI -MONEY LAUNDERING AND ANTI -TERRORIST FINANCING SUPERVISION AND ENFORCEMENT) AMENDMENT ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Amendment Act 2018. Mi nister, you have the floor. Hon. Kim N. Wil son: Thank you, Mr. Chairman. …

The Chairman Chairman Continue. Hon. Kim N. Wilson: Thank you, Mr. Chairman. The preamble explains that the Bill seeks to amend the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and E nforcement) Act 2008. Clause 1 is the citation. Clause 2 amends section 2 of the principal Act to …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Member Leah Scott.

Ms. Leah K. Scott I’m sorry. Where are we?

The Chairman Chairman We are doing the anti -money laundering—

Ms. Leah K. Scott So we are on —

The Chairman Chairman [Clauses] 1 and 2.

Ms. Leah K. Scott Oh, sorry. I am on . . . okay. No, I am good. Thank you, sorry.

The Chairman Chairman Okay. Any further speakers? [Inaudible interjections] Hon. Kim N. Wilson: Mr. Chairman, I move that clauses 1 and 2— [Gavel] [Inaudible interjection]

The Chairman Chairman Okay. Hon. Kim N. Wilson: I move that clauses 1 and 2 do pass and stand part of the Bill.

The Chairman Chairman It has been moved that clauses 1 and 2 be approved. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 and 2 passed.]

The Chairman Chairman Continue, Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clause 3 which will be amended. Clause 3 amends section 5 of the principal Act to expand the supervisory responsibility of all s upervisory authorities to require them to also monitor their regulated entities for …

The Chairman Chairman Any further speakers on this amendment? There appear to be none. Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that clause 3 be passed and stand to form part of the Bill as amended.

The Chairman Chairman It has been moved that clause 3 be approved as amended. Any objections to that? There appear to be none. Approved. [Motion carried: Clause 3 passed as amended.] Hon. Kim N. Wilson: Thank you. Mr. Chairman, I would like to move clauses 4 through 12, please.

The Chairman Chairman Continue. Hon. Kim N. Wilson: Thank you. Clause 4 amends section 7 of the principal Act to introduce the words “or take other disciplinary measures set forth in Chapter 4 of Part 3” to reference changes which will be made to expand the disciplinary measures which this Bill will introduce. …

The Chairman Chairman [Or] $250,000? Hon. Kim N. Wilson: [A fine of] $250,000? This w as identified as a gap, as there was no offence, Mr. Chairman.

The Chairman Chairman It has $250,000, Minister. 2974 27 July 2018 Official Hansard Report Bermuda House of Assembly Hon. Kim N. Wilson: [It is] $250,000. I beg your pardon.

The Chairman Chairman Yes. Hon. Kim N. Wilson: Clause 6 amends section 10 of the principal Act to specify that an application for registration by a non- licensed AML/ATF regulated financial institution must include information as to whether the persons associated with the applicant are fit and proper persons within the meaning of …

The Chairman Chairman Any further speakers to clauses 4 through 12? There appear to be none. Minister, do you want to move those clauses? Hon. Kim N. Wilson: Yes. Thank you, Mr. Chairman. I would like to move that clauses 3 [sic] through—

The Chairman Chairman [Clauses] 4 through 12. Hon. Kim N. Wilson: [Clauses] 4 through 12. Excuse me. Thank you, Mr. Chairman. —do stand and form part of the Bill.

The Chairman Chairman It has been moved that clauses 4 through 12 be approved. Any objections to that? There appear to be none. Approved. Continue, Minister. [Motion carried: Clauses 4 through 12 passed.] Hon. Kim N. Wilson: Yes, I would like to move clauses 13 through 20, Mr. Chairman.

The Chairman Chairman Continue. Hon. Kim N. Wilson: Clause 13 amends the principal Act by deleting the current heading for Chapter 4 and replacing it with the heading “DISCIPLINARY MEASURES.” The reason for this change is that the previous heading “CIVIL PENALTIES” was only co ncerned with civil fines; however, the amendments to …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Leah Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. Sections 20B and 20C refer to section 20D in terms of notice of a restriction of licence. S ection 20D says “the competent authority shall give to the person . . . a warning notice under section 24A. ” And I know we have not gotten …

The Chairman Chairman You can continue.

Ms. Leah K. Scott Okay. So section 24A talks about w here a competent authority imposes a penalty or takes action, they must issue a warning notice, and then it sets up all the other things. The other thing that section 24A says is that the person i s able to make representations to …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Member Pat Gordon- Pamplin. You have the floor, Ms. Gordon- Pamplin.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Chairman. Mr. Chairman, my question is in respect of clause 14 which amends section 20 under disciplinary measures. And it speaks to, under section 20(1A)(a), deleting “$500,000” and substituting “$10,000,000” in terms of this disc iplinary action umbrella. We did have the benefit yesterday of the di …

The Chairman Chairman Minister. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I think the question that was just asked was actually answered at the beginning of that question. The whole objective of these particular fines, notwit hstanding the increase of the penalty, is to ensure that it is dissuasive. The reputation of …

The Chairman Chairman Any further speakers? There appear to be none. Minister, do you want to move clauses 13 through 20? Hon. Kim N. Wilson: Thank you, Mr. Chairman. And thank you for reminding me. I would like to move clauses 13—

Ms. Leah K. Scott Excuse me. Sorry, Mr. Chairman. I did not get my question answered in terms of whether or not somebody . . . my questions were not answered.

The Chairman Chairman Okay. What . . .

Ms. Leah K. Scott My question was whether or not a person who commits an offence under [sections] 20C and 20B has a r ight to appeal to the competent authority? Under [section] 20A, 20G, and something else, they do, but it does not specify. The clauses reference [section] 24A only. It does not …

The Chairman Chairman Minister. Hon. Kim N. Wilson: [No microphone.]

Ms. Leah K. Scott Section 20B . . . and 20C, on pages 5 and 6. And then sections 20B and 20C refer to section 20D. And [section] 20D refers to section 24A. So my question is, under [section] 24A, does a person who has their licence restricted or revoked have the ability to …

Ms. Leah K. Scott Yes, section 24A, which is on page 10. Hon. Kim N. Wilson: Yes, that is correct. They do have the power to appeal to the competent authority. Mr. Chairman, may I proceed?

The Chairman Chairman Yes, you can. Bermuda House of Assembly Hon. Kim N. Wilson: I would like to move clauses 13 through 20 to be approved and stand as part of the Bill.

The Chairman Chairman It has been moved that clauses 13 through 20 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 13 through 20 passed.] Hon. Kim N. Wilson: Mr. Chairman, I would like to move the preamble.

The Chairman Chairman It has been moved that the preamble be approved. Any objections to that? There appear to be none. Approved. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move that the Bill be now a pproved.

The Chairman Chairman Reported to the House? Hon. Kim N. Wilson: Reported to the House as amended.

The Chairman Chairman It has been moved that the Bill be reported to the House as amended. Any objections to that? The Bill will be reported to the House as amended. [Motion carried: The Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Amendment Act 2018 was consi dered …

The Speaker The Speaker Members , are there any objections to the Proceeds of Crime (Anti -Money Laundering and Anti-Terrorist Financing Supervision and Enforc ement) Amendment Act 2018 being reported with the said amendments? No objections. S o moved. We are now on the next item which is the second reading of the Charities …

The Speaker The Speaker Go right ahead. Hon. Kim N. Wilson: And then I will lead to my co lleague on the right, the substantive Minister, with r espect to this amendment that will take us through the clause by clause analysis.

The Speaker The Speaker Continue. BILL SECOND READING CHARITIES AMENDMENT ACT 2018 Hon. Kim N. Wilson: Thank you, Mr. Speaker. As I indicated this morning, the main objective of the Charities Amendment Act 2018 is to require that privately funded charities be registered with the Regi stry General’s office unless they are exempt. And …

The Speaker The Speaker Wait, wait, wait, wait, wait, wait now. Before that you have to ask if any other Members want to speak . It looks like other Members want to speak. I recognise the Honourable Member GordonPamplin. You have the floor.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker. I just wanted to reflect from this morning that this is what I was attempting to understand, so I was not trying to be combative or — 2978 27 July 2018 Official Hansard Report Bermuda House of Assembly The Speaker: No, no. You have the floor. …

Mrs. Patricia J. Gordon -Pamplin —difficult, I just wanted to understand what procedure we were going to use. The Minister has just basically giv en the overview of what the Bill will do, and I just had a couple of questions —or had a question— with respect to this. Now, we recognise that for the …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak? We recognise the Deputy Opposition Leader. Honourable Member, you have the floor.

Ms. Leah K. Scott Mr. S peaker, I am going to attempt to answer my colleague’s question. Generally, when you are forming a charity, whether it is private or otherwise, you have whatever document that you are going to use to form your char i-ty, whether it is a trust, whether it is a …

The Speaker The Speaker Thank you, Minister. Does any other Member wish to speak? Minister did you want to move us to Commi ttee now? Hon. Walton Brown: Yes, Mr. Speaker. I move that we now go into Committee.

The Speaker The Speaker Okay. Deputy? House in Committee at 4:05 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL CHARITIES AMENDMENT ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Charities Amendment Act 2018. Minister, you have the floor . Hon. Walton Brown: Thank you, Mr. Chairman. Mr. Chairman, this Bill seeks to amend the Charities Act 2014, (the “Act”) …

The Chairman Chairman Continue. Hon. Walton Brown: Yes. Clause 1 provides the title for the Bill. Clause 2 amends section 2 to insert a defin ition with respect to charities that are privately funded, and in respect of the defi nition of “register. ” The defin ition makes clear the specific category of …

An Hon. Member An Hon. Member Will not? Hon. Walton Brown: Will not be made publicly avai lable. Clause 4 creates a new section 17A in the Act which require s the charity trustees of any charity that is privately funded and is exempted from registrati on pursuant to section 18(4) to notify the Registrar General …

The Chairman Chairman The C hair recognises the Honourable Member Leah Scott.

Ms. Leah K. Scott Thank you, Mr. Chairman. Mr. Chairman, I understand what my co lleague across the aisle is saying in terms of what we are doing for CFATF. I get it. What I do not understand is how they came to the determination that pr ivately funded charities create a vulnerability, because …

Ms. Leah K. Scott So, my suggested amendment is that [section] 18(4)(a)(i) of the principal Act be amended [to] say, “In the case of a trust, at least one of the trustees, protectors, enforcers, administrators, or anti -money laundering officers is licensed under the Trusts (Regulation of Tr ust Business) Act 2001, or is …

The Chairman Chairman Minister, you want to respond? Bermuda House of Assembly Hon. Walton Brown: Thank you, Mr. Chairman. Well, the Honourable Member has already advised me of that proposed amendment separately and my position is the same. We believe that it broadens the powers unnecess arily, and, moreover, each of these people …

The Chairman Chairman Okay . Any further speakers? Ms. Scott —

Ms. Leah K. Scott Mr. Chairman, with all due r espect, they can be a licensed entity. If you have an enforcer or protector company, and that entity is under a corporate service provider, then that corporate service prov ider is a licensed entity and can provide what you need.

The Chairman Chairman Minister, do you want to respond? Or are there any further . . . Hon. Walton Brown: I think my position remains the same, Mr. Chairman. The people are not licensed . . . and we will put this to a vote.

The Chairman Chairman Well, it has not been proposed yet. [Inaudible interjections]

The Chairman Chairman Yes, I do not have anything in writing. [Inaudible interjections]

The Chairman Chairman Any further speakers? There appear to be none. Continue, Mini ster. Hon. Walton Brown: Mr. Chairman, I move that clauses 1 through 7 be approved.

The Chairman Chairman It has been moved that clauses 1 through 7 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 th rough 7 passed.] Hon. Walton Brown: I move that the preamble be approved.

The Chairman Chairman It has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Approved. Hon. Walton Brown: I move that the Bill be r eported to the House as approved. The Chairman: It has been moved that the Bill be reported to the …

The Speaker The Speaker Good afternoon, Members. Are there any obj ections to the Charity Amendments Act 2018 being reported to the House as approved? No objections. So done. We now move on to the next Order which is [Order] No. 6 which is the second reading of the Chartered Professional Accountants of Bermuda …

The Speaker The Speaker So, you are having a lot of fun today. Hon. Kim N. Wilson: Oh, yes. [Inaudible interjections and laughter] BILL SECOND READ ING CHARTERED PROFESSIONAL ACCOUNTANTS OF BERMUDA AMENDMENT ACT 2018 Hon. Kim N. Wilson: Mr. Speaker, I would like to move that the Chartered Professional Accountants of Bermuda Amendment …

The Speaker The Speaker Continue on. Hon. Kim N. Wilson: Mr. Speaker, as I mentioned this morning, the Bill before us . . . the main objective of this Bill is to strengthen the framework and the oversight of the accounting profession in relation to entry controls, discipline, and accountability , whilst also enhancing …

The Speaker The Speaker Does any other Member wish to speak to that? We recognise the Honourable Member [Gordon-]Pamplin. You have the floor, Honourable Member.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Speaker .

The Speaker The Speaker Thank you.

Mrs. Patricia J. Gordon -Pamplin Mr. Speaker, this Bill, on the face of it, and understanding the intent, obviously as any professional body is wont to do under these circumstances, we wish to comply and en-hance that which is required by, not just CFATF, but by any agency that is worried about the protection of …

Mrs. Patricia J. Gordon -Pamplin Yes, I am a fellow of that association, and historically there has —

The Speaker The Speaker Some of these were not even born yet, Member. [Laughter ]

Mrs. Patricia J. Gordon -Pamplin Well, that is not . . . it is what it is.

The Speaker The Speaker Some of them were still in diapers, Member.

Mrs. Patricia J. Gordon -Pamplin I was just bright and I, you know, got through quite early. But, let me just say that the Association of Chartered Certified Accountants [ACCA] is an organi-sation which, historically, has been excluded from the ambit of accepted professional designations under the CPA which are allowed to carry on professional …

Mrs. Patricia J. Gordon -Pamplin So, I understand . . . my understanding now, and, certainly, having further conversations with the Minister of Education, is that there have been discussions that have been ongoing to try to regularise that position. Now, the reason I take to my feet in this r egard is specifically to …

The Speaker The Speaker Thank you, Member. 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 will start off by declaring my interests. I am an ex -CPA. So, of …

The Speaker The Speaker Speak to the Chair. Continue on. Hon. Jeanne J. Atherden: It says that clause 4 was going to amend the principal Act by adding the Pr oceeds of Crime (Anti-Money Laundering and Anti - Terrorist Financing Supervision and Enforcement) [ Act 2008 ] to the scope of duties of the …

The Speaker The Speaker Thank you, Honourable Member. Does any other Honourable Member wish to speak? Mr. Premier, are you on your feet or just moving? I recognise the Premier. Bermuda House of Assembly Hon. E. David Burt: Thank you very much, Mr. Speaker . Mr. Speaker, I assure you that my intervention will …

The Speaker The Speaker Thank you. Hon. E. David Burt: I know that we have been hol ding hands for most of the day in getting through these items. But the Honourable Member from constituency 23 who just took her seat, or took her seat before, made a passionate plea for recognition of — …

Mrs. Patricia J. Gordon -Pamplin Point of order, Mr. Speaker .

The Speaker The Speaker I will take your point of order, yes, Honourable Member. POINT OF ORDER [Misleading]

Mrs. Patricia J. Gordon -Pamplin The Honourable Member is misleading the House to say that the plea could have been made elsewhere. This plea was made elsewhere to the Progressive Labour Party Government when Premier Cox was the Premier, and it has been ongoing ever since. Thank you.

The Speaker The Speaker Thank you. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Member for making my point exactly. For four and a half years she attended meetings on a Tuesday at our Cabinet building and she could have used her influence then to fix that particular challenge and that …

The Speaker The Speaker Thank you, Honourable Member . Does any other Honourable Member wish to speak? Minister? [Inaudible interjections] Hon. Kim N. Wilson: Thank you.

The Speaker The Speaker Members, let us keep the conversation at a proper tone. Hon. Kim N. Wilson: Thank you very much, Mr. Speaker . Mr. Speaker, can I just quickly . . . the is sue just raised by the actual learned . . . not learned . . . the actual Opposition …

The Speaker The Speaker Thank you, Minister. Deputy? House in Committee at 4:39 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL CHARTERED PROFESSIONAL ACCOUNTANTS OF BERMUDA AMENDMENT ACT 2018

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Chartered Professional A ccountants of Bermuda Amendment Act 2018 . Minister, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move clauses 1 through …

The Chairman Chairman Continue. Hon. Kim N. Wilson: Mr. Chairman, this Bill seeks to amend the Chartered Professional Accountants of Bermuda Act 1973 (the “principal Act”) for the purpose of further mitigating and managing the risk to Berm uda of money laundering and terrorist financing in the accounting sector. Clause 1 is self …

The Chairman Chairman Any further speakers? Hon. Kim N. Wilson: Oh no, I am sorry.

The Chairman Chairman I was wondering. Hon. Kim N. Wilson: Clause 1 is self -explanatory. Clause 2 amends section 1 of the principal Act by inserting a definition . . . sorry, did I read that? Clause 3 inserts a section 8B which provides for the Barristers and Accountants AML/ATF Board to operate …

The Chairman Chairman All right, before any further speakers, you know, this House looks a bit untidy today be-cause— [Laughter]

The Chairman Chairman —I see a lot of colours of red and blue an d I would just — [Laughter]

The Chairman Chairman —ask you to consider the cleanliness of this place. And if you would remove those flags , I do not mind at all. Any further speakers? [Crosstalk]

The Chairman Chairman The Chair recognises the Honourable Pat Gordon Pamplin.

Mrs. Patricia J. Gordon -Pamplin Thank you, Mr. Chairman, I think history has shown that there might not be much on which we agree, but there is one thing with which we are in absolute solidarity. I think solidarBermuda House of Assembly ity is nomenclature that you would abs olutely recognise—

The Chairman Chairman Yes, I do.

Mrs. Patricia J. Gordon -Pamplin —Mr. Chairman.

The Chairman Chairman Thank you

Mrs. Patricia J. Gordon -Pamplin Mr. Chairman, I just wish to speak to clause 5 [which amends] section 9 just basically to see if we can have some indication as to when the . . . when section 9C of the principal Act is going to be amended in order to include . . . …

The Chairman Chairman Any further speakers? Minister? Hon. Kim N. Wilson: Thank you, Mr. Chairman, as I indicated in the commencement date notice, there will be . . . this can come into commencement . . . I am sorry . . . at different times. However, recognising that our assessment is in …

The Chairman Chairman Any further speakers? The Chair recognises the Honourable Pat Gordon- Pamplin.

Mrs. Patricia J. Gordon -Pamplin You know, just for clarity, I understand that this will come into effect in its present state, and I am not disagreeing with it. It will come into effect in its present state prior to September, but then subsequent to that, we are obviously going to have things that have …

The Chairman Chairman Minister? Hon. Kim N. Wilson: No, Mr. Chairman. I would like to concentrate particularly on this piece of legislation. If there are any further amendments concerning the ACCA designation involving the Minister of Finance, as we ll as the Minister of Education, that information will be brought to this House …

The Chairman Chairman Any further speakers? Minister, continue. Hon. Kim N. Wilson: Mr. Chairman, I would like to —

The Chairman Chairman [Clauses] 1 through 8? Hon. Kim N. Wilson: Yes, please.

The Chairman Chairman It has been moved that clauses 1 through 8 be approved. Are there any objections to that? There appear to be none. Approved. [Motion carried: Clauses 1 through 8 passed.] Hon. Kim N. Wilson: Thank you, Mr. Chairman. I would like to move the preamble.

The Chairman Chairman It has been moved that the preamble be approved. Any objections to that? Approved. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I move that the Bill be reported to the House as printed. The C hairman: It has been moved that the Bill be reported to the House as …

The Speaker The Speaker Okay. Let me move on to [Order] No. 8, the Banks and Deposit Companies Amendment Act 2018. Yes? Hon. E. David Burt: Yes, Mr. Speaker .

The Speaker The Speaker Okay, so we will go to the second rea ding of the Banks and Deposit Companies Amendment Act 2018. And, Premier, will you be leading this? Hon. E. David Burt: I will be, yes.

The Speaker The Speaker Premier, would you like to start now? BILL SECOND READING BANKS AND DEPOSIT COM PANIES AMENDMENT ACT 2018 Hon. E. David Burt: Yes, Mr. Speaker . Mr. Speaker, before I begin my substantive comments on the Banks and Deposit Companies Amendment Act, I would like to thank the many hardworking …

The Speaker The Speaker Yes. Hon. E. David Burt: —that the team at the Attorney General’s Chambers and t he drafters, the parliamentary counsel, the assistant parliamentary counsel and our entire team of the national anti -money laundering committee, the chair of NAMLC, Ms. Cheryl -Ann Li ster; the supervisor, Ms. Paula Tyndale; the …

An Hon. Member An Hon. Member Hear, hear! Hon. E. David Burt: In order to ensure that FinTech companies have access to a local bank account, the Government has introduced amendments to the Banks and Deposit Companies Act 1999 to allow for a new class of bank that will service the needs of FinTech companies. Mr. …

The Speaker The Speaker Thank you, Mr. Premier. Does any other Member wish to speak to this matter? We recognise the Opposition Leader. Honourable Member , you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker . Mr. Speaker, I think it goes without saying that we understand that the Government is …

The Speaker The Speaker Point of order, yes? POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Opposition Leader is misleading the House, Mr. Speaker . As I advised in the statement that I gave at the end of June, before I came to this House I met with the Ber-muda Banker’s Association, …

The Speaker The Speaker Point of order? POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Opposition Leader is misleading the House. In the statement that I gave in June, I stated that we would soon be tabling amendments to amend the Banks and Deposit Companies Act to create a restricted banking . …

The Speaker The Speaker Thank you, Honourable Member . Does any other Honourable Member wish to speak? No other Honourable Member ? Beautiful colours, there, Ms. Ming. [Laughter]

The Speaker The Speaker Does any other Member wish to speak? [Laughter]

The Speaker The Speaker We recognise Honourable Member Simons. [Inaudible interjections]

The Speaker The Speaker Honourable [Member] Simons, would you like to speak? Honourable Member Simons, you have the floor.

Mr. N. H. Cole Simons Thank you, Mr. Speaker . [Inaudible interjections and laughter ]

Mr. N. H. Cole Simons I am declaring my interest again, Mr. Speaker . First of all, I would like to get up and say that we on this side support the innovation of Bermuda’s banking system. Mr. Speaker, we also support approaches that will help our customers and the banking community and Bermuda’s market …

Mr. N. H. Cole Simons I am repeating myself intentionally. They have to meet these requirements based on their risk profile, their business model, and how 2994 27 July 2018 Official Hansard Report Bermuda House of Assembly they can also address stresses within their busines ses, in particular, when it comes to credit, lending, and …

Mr. N. H. Cole Simons Mr. Speaker, they believe that, given the risk, given the work involved, given the innovation, given the new technology, they have to carefully scrutinise each application. And, so, Mr. Speaker, I would encour age that we be just as diligent when we process these applications to ensure that we have …

The Speaker The Speaker Thank you, Honourable Member . Does any other Honourable Member wish to speak? I recognise the Honourable Member Swan. Honourable Member Swan was up first that time, Minister.

Mr. Hubert (Kim) E. Swan Ever so briefly, thank you, Mr. Speaker . I just want to lend my voice to the need for the Bank s and Deposit Companies Amendment Act here today and take the opportunity to, I guess, go down a little bit of memory lane —not too far. But, certainly, the …

An Hon. Member An Hon. Member Twenty decades?

Mr. Hubert (Kim) E. Swan I said the last 20 years, the last two decades. Thank you, Honourable Member—we have had three different Governments. The one thing that I want to point out is that with the Progressive Labour Party Government in the term from 1998 to 2007, Bermuda did enjoy tremendous growth and buoyancy …

The Speaker The Speaker Thank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member Famous.

Mr. Christopher Famous Good afternoon, Mr. Speaker —

The Speaker The Speaker Good afternoon.

Mr. Christopher Famous —colleagues, listening public from St. George’s, and everybody else who ain’t from St. George’s. Mr. Speaker, I am going to start off as my honourable colleague from St. George’s ended off, with the word “innovation.” Innovation. Let me give you a little definition: The process of translating an idea or …

The Speaker The Speaker Member, you know we are stil l on the Bill, right?

Mr. Christopher Famous Yes, I am on it.

The Speaker The Speaker Okay. Just reminding you; just reminding you. [Laughter]

Mr. Christopher Famous I am getting to it, Mr. Speaker .

The Speaker The Speaker Yes, just reminding you, that is all.

Mr. Chris topher Famous You see, I am laying the groundwork for something here, Mr. Speaker .

The Speaker The Speaker You got my attention.

Mr. Christopher Famous Throughout history we have always overcome major challenges through i nnovation. And today is no different. Mr. Speaker, a few weeks ago at the CARICOM conference, the Honourable Premier, the newest Member of Parliament . . . oh, sorry, the ne west Member of the Robin Hood corner, MP Dickinson …

The Speaker The Speaker Mm-hmm.

Mr. Christopher Famous You see, Mr. Speaker, we have a choice.

Mr. Christopher Famous We will either innovate or we get left behind. Mr. Speaker, let me just read off a very short list of major companies that are now accepting crypt ocurrency: Amazon (which everybody in here probably has shopped on); K -Mart (which everybody in here has probably shopped at); Whole Foods …

The Speaker The Speaker Thank you, Honourable Member . Does any other Honourable Member wish to speak? No other? Oh, Minister . . . we recognise Mi nister Caines. Hon. Wayne Caines: Thank you, Mr. Speaker . Mr. Speaker, we have heard a brief from the Premier which sets out the rubric behind w …

The Speaker The Speaker Thank you, Minister. Does any other Member wish to speak? We recognise the Honourable Mem ber from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker, of course this brief that was pr esented today, I read it in …

The Speaker The Speaker Thank you, Honourable Member. We now recognise the Deputy Opposition Leader. Honourable Member, you have the floor. [Inaudible interjection]

Ms. Leah K. Scott Be quiet. [Laughter]

Ms. Leah K. Scott Thank you, Mr. Speaker.

Ms. Leah K. Scott Mr. Speaker, I am not going to be long.

The Speaker The Speaker Thank you.

Ms. Leah K. Scott You are welcome. So, I am not very Trekkie , Mr. Speaker. But at the end of the Star Trek movies (I have never seen one) they used to say, “ These are the voyages of . . .” May I read this, please? “ These are the continuing 3000 …

Ms. Leah K. Scott You are a Trekkie? Oh, okay. Anyway, Mr. Speaker, I am not a Trekkie. But I think that the quote is appropriate. I have, for the past month and a half, I guess, attended three differ-ent conferences. And at each of those conferences there was always a forum on cryptocurrency, …

An Hon. Member An Hon. Member Eeeeeh !

Ms. Leah K. Scott Yes, before you could get connected. And I rem ember, I stayed up all night trying to figure it out to get it connected because I was determined that I was going to have it. I did not understand it. I did not know how it worked. But I was …

The Speaker The Speaker Thank you, Member. Mr. Premier. [Pause] Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I thank the Members for their comments, both on this side and the other side. I would particularly like to thank the Members, I guess I would say on both sides of the House …

An Hon. Member An Hon. Member Hear, hear! Hon. E. David Burt: People are preparing for assessments and otherwise. But they recognise that Bermuda works best , of course, as we say, when we work together. And everyone is working together to make sure that we can reach these [goals]. So I would like to take …

The Speaker The Speaker Deputy. House in Committee at 6:16 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BANKS AND DEPOSIT COMPANIES AMENDMENT ACT 201 8

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Banks and Deposit Companies Amendment Act 2018 . Premier, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I move all of the clauses, if …

The Chairman Chairman Thank you. Any further speakers? There appear to be none. Hon. E. David Burt: Thank you, Mr. Speaker. I move that clauses 1 through 4 be approved. The C hairman: It has been moved that clauses 1 through 4 be approved. Any objections to that? There appear to be none. …

The Speaker The Speaker The preamble. Hon. E. David Burt: The preamble, Mr. Chairman. I move that the preamble be approved.

The Chairman Chairman It has been moved that the preamble be approved. Any objections to that? There appear to be none. Approved. Hon. E. David Burt: Thank y ou, Mr. Chairman. 3002 27 July 2018 Official Hansard Report Bermuda House of Assembly I move that the Bill be reported to the House as …

The Chairman Chairman It has been moved that the Bill be reported to the House as printed. Any objections to that? There appear to be none. The Bill will be r eported to the House. [Moti on carried: The Banks and Deposit Companies Amendment Act 2018 was considered by a Commi ttee of …

The Speaker The Speaker Members, are there any objections to the Bill, the Banks and Deposit Companies Amendment Act 2018, being reported back to the House as printed? No objections; so moved. That now brings us to the end of items on the Order Paper that will be done today. So we go to …

The Speaker The Speaker Continue on, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PROCEEDS OF CRIME (MISCELLANEOU S) (NO. 2) ACT 2018 Hon. Kim N. Wilson: I move that the Bill do now pass.

The Speaker The Speaker Any objections? No objections; so passed. [Motion carried: The Proceeds of Crime (Miscellaneous) (No. 2) Act 2018 was read a third time and passed.] SUSPENSION OF STANDING ORDER 21 Hon. Kim N. Wilson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the …

The Speaker The Speaker Conti nue, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 3) ACT 2018 Hon. Kim N. Wilson: I move that the Bill do now pass. [Motion carried: The Proceeds of Crime (Miscellaneous) (No. 3) Act 2018 was read a third time and passed.] …

The Speaker The Speaker Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 4) ACT 2018 Hon. Kim N. Wilson: I move that the Bill do now pass.

The Speaker The Speaker Any objections? No objections. Good. Bermuda House of Assembly [Motion carried: The Proceeds of Crime (Miscellaneous) (No. 4) Act 2018 was read a third time and passed.] SUSPENSION OF STANDING ORDER 21 Hon. Kim N. Wilson: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable …

The Speaker The Speaker Any objections? No objections. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PROCEEDS OF CRIME (ANTI -MONEY LAUNDERING AND ANTI -TERRORIST FINANCING SUPERVISION AND ENFORCEMENT) AMENDMENT ACT 2018 Hon. Kim N. Wilson: I move that the Bill do now pass.

The Speaker The Speaker Good. [Motion carried: The Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act 2018 was read a third time and passed.]

The Speaker The Speaker I now call on Minister Brown. Minister Brown. SUSPENSION OF STANDING ORDER 21 Hon. Walton Brown: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Char ities Amendment Act 2018 be now read for the third time …

The Speaker The Speaker Any objections? No. Continue on. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CHARITIES AMENDMENT ACT 2018 Hon. Walton Brown: I move that the Bill do now pass.

The Speaker The Speaker Any objections? No; now passed. [Motion carried: The Charities Amendment Act 2018 was read a third time and passed.] SUSPENSION OF STANDING ORDER 21 Hon. Kim N. Wilson: Mr. Speaker, I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Chartered Professional …

The Speaker The Speaker Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING CHARTERED PROFESSIONAL ACCOUNTANTS OF BERMUDA AMENDMENT ACT 2018 Hon. Kim N. Wil son: I move that the Bill do now pass.

The Speaker The Speaker Any objections? No objections. Now passed. [Motion carried: The Chartered Professional Accountants of Bermuda Amendment Act 2018 was read a third time and passed.]

The Speaker The Speaker 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 Banking and Deposit Companies Amendment Act 2018 be now read a third time by its …

The Speaker The Speaker Continue. [Motion carried: Standing Order 21 suspended.] 3004 27 July 2018 Official Hansard Report Bermuda House of Assembly BILL THIRD READING BANK S AND DEPOSIT COMPANIES AMENDMENT ACT 2018 Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Banks and Deposit Companies …

The Speaker The Speaker Any objections? No objections; now passed. [Motion carried: The Bank s and Deposit Companies Amendment Act 2018 was read a third time and passed.]

The Speaker The Speaker Mr. Prem ier, would you like to do the next order of business? Hon. E. David Burt: Oh, absolutely, Mr. Speaker. ADJOURNMENT Hon. E. David Burt: Mr. Speaker, I move that the House do now adjourn until our final sitting of this session, which will be on Friday, August 10 …

The Speaker The Speaker No Members wish to speak to that, I understand? Ah! (Oh, my luck.) [Laughter]

The Speaker The Speaker I recognise the Honourable Member from constituency 11. Honourable Member Famous.

Mr. Christopher Famous I am the opening bat, Mr. Speaker.

The Speaker The Speaker Okay. CUP MATCH— REMEMBER ITS ORIGIN

Mr. Christopher Famous I will not be long, because I have to get ready for Cup Match trials tomorrow.

The Speaker The Speaker I could believe that, you know. St. Georgians are that desperate, trying to look around. So, yes, I believe that. I believe that. [Laughter]

The Speaker The Speaker Would you like my old cricket whites?

Mr. Christopher Famous I am going to say this much, Mr. Speaker.

Mr. Christopher Famous My mama always taught me, He who laughs last, laughs hardest.

The Speaker The Speaker See me next Friday. See me next Fr iday!

Mr. Christopher Famous And I would like to make a motion, Mr. Speaker.

Mr. Christopher Famous That the House today is not segregated along politic al lines.

Mr. Christopher Famous But along Cup Match lines. Those who— [Laughter]

An Hon. Member An Hon. Member Mr. Speaker, that is inappropriate.

The Speaker The Speaker Were you saying something, Member?

Mr. Christopher Famous You know what? [Laught er]

Mr. Christopher Famous I cannot —

The Speaker The Speaker Are you speechless?

Mr. Christopher Famous I cannot work with people who are dyed in the wool. You know? There is no r edemption for them. No, Mr. Speaker, we have a lot of fun about blue and blue, r ed and blue, Cup Match, who is taking the Cup, who is not, all of that. …

Mr. Christopher Famous Right? And today, I am not even going to be cracking jokes about cricket. You know why? I am going to start with a quote, Mr. Speaker. “I freed a thousand slaves I could have freed a thousand more . . .”—

The Speaker The Speaker Harriet Tubman, yes.

Mr. Christopher Famous —“if only they knew they were slav es.” Bermuda House of Assembly Some Hon. Members: Ah.

The Speaker The Speaker Mm-hmm.

Mr. Christopher Famous You see, Mr. Speaker, we delude ourselves that, Oh, it’s Cup Match time! Oh, I’ve got four days off! Oh, I’m going to drink some of that sugar -free Swizzle! [Laughter]

Mr. Ch ristopher Famous Oh, my team is going to draw the game again and pull up the stumps, and we’re going to keep the Cup once again! We delude ourselves. It is a drug to make us feel as if we have four days of freedom, when in real ity, we are not …

The Speaker The Speaker I am listening.

Mr. Christopher Famous Let me tell you why we are not emancipated.

The Speaker The Speaker Yes, speak to us.

Mr. Christopher Famous Our ancestors, in their inf inite wisdom, set us on a path of collective responsibi lity, self -determination. That is what Cup Match started off as, collective responsibility between those in the west, those in the east. No gang rivalry, no You’re on your own. You byes on your own. …

Mr. Christopher Fa mous But then, they realise that it was a wardrobe malfunction and they sorted themselves out right quick, because they could not come back to this corner wearing that colour. Anyway, my point, Mr. Speaker — [Laughter]

The Speaker The Speaker It sounds like you w ere talking close to home there that time.

An Hon. Member An Hon. Member Oh, boy. Oh, boy. [Inaudible interjections]

The Speaker The Speaker Send her home! Speaker didn’t even send her home.

Mr. Christopher Famous Is it not sorted out? Some Hon. Member s: Yes. Oh, it is sort ed out.

Mr. Christopher Famous Okay. 3006 27 July 2018 Official Hansard Report Bermuda House of Assembly [Inaudible interjection and laughter]

The Speaker The Speaker Well, I almost told the Sergeant -AtArms to put you out the second time I saw you, but that is all right.

Mr. Christopher Famous My point, Mr. Speaker, is that we spend all this money on looking good, but we spent no time teaching ourselves and our children the origins of Cup Match.

The Speaker The Speaker Mm-hmm.

Mr. Christopher Famous When I went to school, I got a history GC. I learned about the French Revol ution, Russia n Revolution, American Revolution, English Revolution. But I learned nothing about Berm uda’s history. So I implore persons, such as the Educ ation Minister, to ensure that our children know what the …

Mr. Christopher Famous Every year we sit up and we celebrate the American Independence. We wear red, white and blue. We sit up and say, Where are the fireworks , Mama? What? No fireworks this year? So how is it we are here busy celebrating the indepen dence of a country, a colony, …

The Speaker The Speaker One of his cousins. Just remember — Mr. Christopher Famous: Yes!

The Speaker The Speaker —just remember, we like the proper parliamentary language. Do not slip off the edge.

Mr. Christopher Famous Oh, sorry, sorry. The heck with . . . So, 400 years later we still have the Union Jack as our flag. Do you know how embarrassing that is going to CARICOM wearing the Union Jack as our flag? That was a like a total, like, Wow, you guys are …

Mr. Christopher Famous I really do. Now, some may say the way it was handled was wrong. [There is] some degree of validity to that. But the ethos of this is our country, this is our go vernment. We are not sitting around waiting for som eone who represents our slave owners to …

The Speaker The Speaker True, true.

Mr. Christopher Famous There comes a point in time that you stand up and you win. So, for us as a people, we have got to stop bowing down to the person who represents the Queen, number one. We have got to stop having our clubs depend on grants and do what we …

The Speaker The Speaker Thank you, Honourable Member. I was wondering when you were raising on this end, partner.

The Speaker The Speaker Mr. Swan, would you like say a few comments at thi s point?

Mr. Hubert (Kim) E. Swan Yes, Mr. Speaker.

The Speaker The Speaker Mr. Swan, from the East End. [Inaudible interjection] CUP MATCH— REMEMBER ITS ORIGIN

Mr. Hubert (Kim) E. Swan Yes, Mr. Speaker. I hear the Honourable Member on my side i nterpolating t hat I have Somerset roots. I proudly have Somerset roots, Somerset family —Hog Bay, Cooks Hill. I can go further than that. I can go back to Charles Roach Ratteray, who had a son named E …

The Speaker The Speaker Musky.

Mr. Hubert (Kim) E. Swan —who speaks to you now.

The Speaker The Speaker Musky.

An Hon. Member An Hon. Member Yes, sir. [Inaudible interjections] [Gavel ]

Mr. Hubert (Kim) E. Swan And, Mr. Speaker, I just want to say that as one who has survived 60 years on this earth, I can appreciate what it means to be cel ebrating 120, 130 years, 116 years of Cup Match. B ecause when one is 15 or 16, celebrating 80 years and 90 …

An Hon. Member An Hon. Member Oh, okay.

The Speaker The Speaker Yes. Try to be brief, please.

Mr. Hubert (Kim) E. Swan He told the stories of her on the top of Cooks Hill, and what she meant to the family. And when you look at that in that contex t, that my great -grandmother who died in March of 1950 was born in 1867 would have been around pre- Cup Match, …

An Hon. Member An Hon. Member Mm-hmm.

Mr. Hubert (Kim) E. Swan Because the one thing that has happened in the time period that I laid out from my Somerset roots is that we as a collective people are less together today than we were then. And if we are less together today, and we are swi mming against the tide of …

The Speaker The Speaker Mm-hmm.

Mr. Hubert (Kim) E. Swan Now let me just deal with . . . how much time do I have left Mr. Speaker?

The Speaker The Speaker Nine minutes.

Mr. Hubert (Kim) E. Swan Well, let me devote this nine minutes to the celebration. You know, I had a conversation with someone that always reminds me, Man, you know what? You grew up in the west. I remember you up playing foot-ball for the Braves and all that. And I used to tell people …

An Hon. Member An Hon. Member Yeah.

Mr. Hubert (Kim) E. Swan There is no change like that. [Inaudible interjections]

Mr. Hubert (Kim) E. Swan There is no political change from wearing blue as UBP and calling yourself OBA and wearing red. No! There is no change like Bermuda House of Assembly that. And let me tell you this, Mr. Speaker. The spirit that allowed a young man . . . you wave that flag …

Mr. Hubert (Kim) E. Swan But let me tell you this. The spirit that allowed this working- class White Hill bye to go down to St. George’s and wear blue and blue like his uncle, Carl “ Squab” Anderson, did in the ’60s and his team in 1960 and 1961 . . . he was …

The Speaker The Speaker There is a first time for everything, just remember that.

Mr. Hubert (Kim) E. Swan And yes, there is. But there is a first time in a few years for that everything as well. And that everything is, we are coming west. We are comin g strong, and we are leaving with the Cup that is going to reside on Slip Road in constituency 2, …

Mr. Hubert (Kim) E. Swan I think so. [Laughter and desk thumping]

Mr. Hubert (Kim) E. Swan There is going to be some Somerset red and blue national team . [Gavel] Hon. Zane J. S. De Silva: Point of order, Mr. Speaker. [Laughter]

Mr. Hubert (Kim) E. Swan No. You’re not — [Laughter and desk thumping] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House —

Mr. Hubert (Kim) E. Swan No, I do not yield!

The Speaker The Speaker Members! Members! Only one on their feet at a time.

Mr. Hubert (Kim) E. Swan I do not yield!

The Speaker The Speaker Only one of you on your feet at a time. Hon. Zane J. S. De Silva: —and is misleading the country!

Mrs. Patricia J. Gordon -Pamplin Point of order to the point of order, Mr. Speak er.

Mr. Hubert (Kim) E. Swan They are trying to use up my time, Mr. Speaker. [Laughter]

The Speaker The Speaker I think your time is about to tick out.

Mr. Hubert (Kim) E. Swan How much time do I have, Mr. Speaker?

The Speaker The Speaker You are about to tick out of y our time.

Mr. Hubert (Kim) E. Swan How much time do I have left?

The Speaker The Speaker Continue until the clock rings. [Inaudible interjections]

Mr. Hubert (Kim) E. Swan I have three minutes?

The Speaker The Speaker About that.

Mr. Hubert (Kim) E. Swan Okay. In clos ing, Mr. Speaker — 3010 27 July 2018 Official Hansard Report Bermuda House of Assembly [Laughter]

Mr. Hubert (Kim) E. Swan In closing, Mr. Speaker, when a hurricane hits Bermuda we come together. When Cup Match [comes], we come together in a cel-ebratory way that is very emotive. But there is a greater meaning behind this whole Cup Match, of which in my brief time today I tried to [recapture]. A …

An Hon. Member An Hon. Member Be careful.

Mr. Hubert (Kim) E. Swan Thank you. Some Hon. Member s: Go, St. George’s.

Mr. Hubert (Kim) E. Swan Go, St. George’s, Mr. Speaker. We are coming. [Desk thumping]

The Speaker The Speaker Thank you, Honourable Member. Does any other Member wish to speak? Premier, I see you are on your feet, so I am assuming you goi ng to your seat to speak. Hon. E. David Burt: Mr. Speaker —

The Speaker The Speaker And let me just say that I am acknow ledging you at the right time to close the House out this week. [Laughter]

The Speaker The Speaker I think last week we got a little . . . a little . . . we closed a little earlier than we could have. But you are in your right spot tonight. Hon. E. David Burt: Mr. Speaker, thank you very much —

The Speaker The Speaker And after those two St. George’s comments, it is pleasure to hear from someone with a little red on t onight. So you have the floor, Mr. Premier. CUP MATCH— REMEMBER ITS ORIGIN Hon. E. David Burt: Mr. Speaker, as I said in my earlier comments, there was, without question, …

The Speaker The Speaker Celebrations up the west! Hon. E. David Burt: Absolutely. I t hink about, you know, seven o’clock might be about the right time.

The Speaker The Speaker It will be secured long before that. [Laughter] Hon. E. David Burt: And this is great that the longterm weather reports are looking favourable, you know. A nice high might set over us, so it might be a nice sun. But I think what is important, Mr. Speaker, is that …

The Speaker The Speaker Mr. Premier, with that, Members, we all stand adjourned until the 10 th of August, at which time there will be those who will come in and be celebrat-ing, and those who will come in and be congratulating the others who are celebrati ng. I am not saying who is …

The Speaker The Speaker Good evenin g, Members. [Gavel] [At 7:02 pm, the House stood adjourned until 10:00 am, Friday, 10 August 2018.] 3012 27 July 2018 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank] 1 Ministry of Finance ____________________________________________________________________________ Ministry of Finance Headquarters TO : Hon. Jeanne J. Atherden …

July 27, 2018

Debate Transcript