The SpeakerThe SpeakerGood morning, Members. CONFIRMATION OF MINUTES [Minutes of 29 June 2018]
The SpeakerThe SpeakerYes. Members, the Minutes of the 29th of June have been circulated. Are there any corrections, omissions, amendments to be made? There are none. The Minutes are approved as printed. [Minutes of 29 June 2018 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerYes, there are announcements today. And the announcements are in regard to Members who have indicated that they will be absent today. They include the Premier ; the Junior Minister of F inance, Mr. Furbert; Minister Foggo ; MP Tinee Furbert ; and MP Chris Famous. The MP, Mr. Curtis …
Yes, there are announcements today. And the announcements are in regard to Members who have indicated that they will be absent today. They include the Premier ; the Junior Minister of F inance, Mr. Furbert; Minister Foggo ; MP Tinee Furbert ; and MP Chris Famous. The MP, Mr. Curtis Dickinson, sent word this morning. He was expecting to be here today, but his flight was delayed last evening. So he is trying to make alternative arrangements. So, he may get here before the day ends, but he was expecting to have been here. And also, Minister Caines, similarly, is hoping to get in before the day clos es, as well.
MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerWe have one on the Order Paper. We recognise the Minister of Health, Minister Wilson. BERMUDA HEALTH COUNCIL ANNUAL REPORT 2 017/18 Hon. Kim N. Wilson: Thank you and good morning, Mr. Speaker. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House …
The SpeakerThe SpeakerThank you, Min ister. And I think we are going to have an indulgence asked of us. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I have the honour to present for the information of the House—
The SpeakerThe SpeakerYou should ask for the indulgence of the House first. Hon. Diallo V. S. Rabain: Yes. Mr. Speaker . I ask for your indulgence to present.
The SpeakerThe SpeakerYes. Members, you will note that there was only one item under [Papers and Other] Comm unications, but the Minister of Education indicates that he would also like to have an item submitted to the House, under [Papers and Other] Communications. So, with your indulgence . . . continue on. …
Yes. Members, you will note that there was only one item under [Papers and Other] Comm unications, but the Minister of Education indicates that he would also like to have an item submitted to the House, under [Papers and Other] Communications. So, with your indulgence . . . continue on.
BERMUDA NATIONAL WORKFORCE DEVELOPMENT PLAN
Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to present for the information of the Honour able House the Bermuda National Workforce Develo pment Plan.
The SpeakerThe SpeakerThank you. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. 2626 6 July 2017 Official Hansard Report Bermuda House of Assembly PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have three Statements on the O rder Paper today. The first Statement is in the name of the Mi nister of Health. Minister Wilson. HEALTH FINANCING REFORMS Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to give this Stat ement today to update this …
We have three Statements on the O rder Paper today. The first Statement is in the name of the Mi nister of Health. Minister Wilson.
HEALTH FINANCING REFORMS
Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I am pleased to give this Stat ement today to update this Honourable House and the listening public on the Government’s intentions with respect to reforming the way health care is financed in Bermuda. This is timely, Mr. Speaker, because health insurance premiums have just been adjuste d for their annual increases and the public is feeling the impact. While HIP and FutureCare were shielded from prem ium increases, we have rec eived some reports, Mr. Speaker, that some persons experienced insurance increases of up to 18.5 per cent. For a $540 prem ium—which would be low in most cases —this means an ordinary working person will have to find $100 ev ery month to pay their health insurance premiums. This cannot be easy for most working families, Mr. Speak-er. Now, let us be clear, Mr. Speaker. W e understand how things like this have come to be. We are not here to blame insurance companies or the prev ious Government for such premium hikes. And we fully appreciate that an increase of this magnitude was not experienced across the board. But it is a very real e xample of why we so urgently need to reform the way we finance health care . Mr. Speaker, w e are using more health care services, and this caused the standard premium rate to increase by 6.4 per cent from July 1st. There were no fee increases and only negligible benefit [ changes ]. So, the only reason the premium for the minimum package increased is because our people are sicker and older , and receiv ing more health care. However, Mr. Speaker, what is rarely understood by many is that the standard package is pr otected from larger increases because it covers a large pool of persons. The minimum package takes the full Bermuda insured population of over 48,000 people as one group, as opposed to supplementary benefits , which only pool small groups. So, although someone may have had a health incident requiring intensive care and a long hospital stay, they did not have to foot that bill alone, because the m inimum package shared that cost across the 48,000 insured people in Bermuda. Had that person been in a group of only 5, 10, or 20 people, sharing the cost among their small group would have been a very heavy burden. Mr. Speaker, this way of pooling the ri sk among a very large group is the best way to protect us all. It prevents large sways due to one or two cat astrophic or expensive events. A large communit y pool spreads the risk, minimis ing the potential impact on a few people. And it averages out the premium among more people, as well , which also helps to reduce the impact on any one individual or small employer group. However, Mr. Speaker, the reason our health system currently cannot protect people from 18.5 per cent premium increase is because the proportion of health care that is protected by that large risk pool is limited. The minimum package, or Standard Health Benefit , covers only hospitali sation and a few nonhospital services. Everything else, which is most of the health care most of us use, is left to be priced in tiny pools among small and medium -sized employers or for individuals without group coverage. T hey are the most exposed of all. It is examples like this that highlight the urgent need to change. Mr. Speaker, I have said in this House previously that , in December 2012, the F inance and Reimbursement Task Group of the National Health Plan had produced, together with our actuaries, proposals on how we could reform our health f inancing. These proposals were devel oped to protect policy holders from these large sways, to stabi lise health costs , and to move us towards ensuring that everyone could have decent health coverage without breaking the bank. The proposals were developed with wide consultation and were priced actuarially. The full report is now available online, on the Government ’s web site, as well as the Bermuda Health Council’s. Mr. Speaker, g iven the bipartisan membership of the t ask group that produced this report, and the detailed analysis and consideration it provides, we are lookin g at those proposals again and are now consi dering how to advance them. Two options are presented, as well as a draft benefit package, and we are looking closely at how we can select an option, a package, and roll out the reforms. Because I never want to h ear again that anyone had to endure an 18.5 per cent premium increase. So, Mr. Speaker, the 2012 Report on a Health Financing Structure in S upport of Bermuda’s National Health Plan presents two ways in which our health financing can be improved and made more efficient. It assesses them on a number of criteria, including c apacity to pool risk, financial strength, sustainability, administrative efficiency, and capacity to contain health care costs. And it provides a tentative premium for a draft package.
Bermuda House of Assembly At that time, Mr. Speaker, the projected premium , if Government’s existing funding contribution remained, was around $450 a month per person for a package that included not just local hospitali sation, but also some primary care, prescr iption drugs, dental care, long- term care, as well as overseas care. That is correct, Mr. Speaker —a solid, decent package that would protect anyone from a serious health event and give them prevent ative and primary care to help them stay healthy. Now, s ince that time, prices and utilisation have increased, so the projected premium today will not be the $450 of five years ago. But it will be better than what most people pay for this level of coverage today. This is within our reach, and it is achievable if we change the basic pack age and pool it differently s o that small groups do not take those hits and 18.5 per cent premium hikes. And that is what I would like to see for all of our people: real protection when poor health befalls us, and decent premiums when we are well. Mr. Spe aker, while we are clear on the direction of travel, I understand fully that developing a de-fined roadmap to get us there is necessary at this stage. This is what my technical teams are working on, and I will be pleased to come back to this Honour-able Hous e and my honourable colleagues , and update you again in the coming months as this work progresses. But in the meantime, Mr. Speaker, I want to acknowledge that work has advanced over recent years. Even without the large- scale reforms I seek now, there has been progress over the past three years, including under the tenure of the previous Government. The Health Council and the Health Insurance Department assisted the Ministry of Health in advancing some of these initiatives up to 2017, and periodic update br iefs were provided. While health financing reforms or [ actual ] systemic changes were not generated during that time, other important a dvances which will contribute to reforms were made and are being continued. For example, Mr. Speaker, the standard hospital benefit became the Standard Health Benefit , and more non- hospital services were added, including home medical care. Fees for long- term care at the hospital were reduced dramatically, protecting Government funding for long- term nursing care patients with nowhere else to go. And the system began the intended experiments with respect to different pa yment mechanisms and better management of chronic diseases. Mr. Speaker, I would like to pause here to provide an update on the Enhanced Care Pilot, which has be en running since February 2017. A total of 206 participants are enrolled in the programme to date, and 88 have completed a full year within the pr ogramme, which targeted persons with chronic non-communicable diseases like diabetes, asthma/COPD, obesity, cardiovascular dis ease, and hypertension. The annual cost of the E nhanced Care Pilot has been $672,540 for a full year. This is an average cost of $3,265 per participant. And, in that one year , participants’ overall measurements for cholesterol, blood press ure, and body weight were improved by the enhanced care interventions. Most significantly, Mr. Speaker. participants enrolled in the programme had substantial reductions in their use of the emergency department and in hospital admissions. Emergency visits dropped by 50 per cent , from 178 to 88; and hospital admissions dropped 44 per cent , from 41 to 23. This means that the health system saved over $68,000 in emergency visits in avoided emergency room visits , and close to $105,000 in avoided hospital admissi ons. These results are similar to those of the hosp ital-based sister programme named the Patient - Centred Medical Home, and we are very pleased to see these programmes prove successful. So, w hat I am also proud of, Mr. Speaker. is the bipartisan genesis of these programmes , which proves how much good we can achieve when we share a vision for health care. The groundwork of these programmes preceded the previous Gover nment , and [the former Government] had the tenacity to implement them. In turn, we have been pleased to continue the programmes and look to expand them further , given their proven success. This is the way we must work on health reform, Mr. Speaker, with a unified vision, shared goals , and for the benefit of all of Bermuda. Seeing the success of these programmes as early grass shoots of what we can achieve in refor ming our health financing gives me great hope , Mr. Speaker —hope that we will be able to bring these full reforms to fruition ; hope that better, more affordable health coverage is within our reach; a nd hope that the precedent we have established of shared goals and vision will bring us more successes like this one. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The second Statement on the Order Paper is in the name of the Min ister of Workforce Development and Education. Minister, would you like to present your Statement? 2018 SENIOR SCHOOL GRADUATIONS Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, l ast week I …
Thank you, Minister. The second Statement on the Order Paper is in the name of the Min ister of Workforce Development and Education. Minister, would you like to present your Statement?
2018 SENIOR SCHOOL GRADUATIONS
Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, l ast week I had the pleasure of attending the graduation cer emonies for both the Berkeley Institute and CedarBridge Academy. During each ceremony, I heard about the outstanding achievements of students in the graduat ing class of 2018 . 2628 6 July 2017 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, I will share some of their achievements with my hono urable colleagues and the community today. However, before I do so, I take this opportunity to thank the school boards, principals, teachers, support staff, parents, guar dians, students , and volunteers for their commitment, support , and efforts during the 2017/ 18 academic year. Mr. Speaker, as Minister for Education and Workforce Development, I remain committed to the vision for the Ber muda public school system —that is, to see that all students are educated to lead persona lly and professionally, compete locally and contribute globally. Further, Mr. Speaker, the Government and I will continue to work with educators and the community to ensure that Bermuda’s graduates are “ wellprepared socially, emotionally, and academically for postsecondary suc cess, ” and a lso that they “ matric ulate with the knowledge and skills to navigate adul thood, build satisfying careers, give back to their community, and provide for themselves both i n Bermuda’s economy and globally .” Mr. Speaker, t hese are the aspirations that we have for our children, as outlined in Plan 2022, Bermuda’s strategic plan for education. Mr. Speaker, as we implement Plan 2022 over the next few years, we will transform our education system and we will i ncrease individual pathways to success for our st udents. Mr. Speaker, we have already begun to see the evidence of this in our graduating c lasses of 2018. Mr. Speaker, Ms. Lillian Lightbourn, a top i nternational model featured in numerous international magazines , and a Berkeley Institute a lumnus , was the guest speaker for the Berkeley Institute’s gr aduation held on June 28 th. In keeping with the theme “Respice Finem —Keep the End in View, ” Ms. Lightbourn’s overarching message to the Class of 2018 challenged graduates to be courageous while pursuing their dreams , and to push through obstacles and their fears until success happens. Mr. Speaker, t he Berkeley Institute had a total of 131 graduates earning the Bermuda School Dipl oma, 128 students earning the Berkeley Institute Certi ficate , and 23 students earning Berkeley’s advance honours recognition. Thirteen students will either complete summer school or return to school in Se ptember to improve their GPAs in order to earn the Bermuda School Diploma. Mr. Speaker, f ive of the Berkeley Institute graduates earned their a ssociate ’s degrees from the Bermuda College on May 17 th, and on the same day six male Berkeley Institute students graduated from the Bermuda College with Applied Technology Certif icates. An additional seven female students will earn the Bermuda College Nursing Assistant ’s Certificate once they complete their clinical examinations. Mr. Speaker, t hree Berkeley students were awarded Rotary Exchange placements in differ ent parts of Brazil , out of a possible four spots that are available to local students. One student earned a full university scholarship; one student earned a $30,000 local scholarship; one male student completed the Penn Foster High School Diploma ahead of schedule; and one female student graduated with the Bermuda School Diploma (BSD) in three years instead of four. That student, in addition to another female student, has secured a United World College scholarship, with one heading to Hong Kong and the ot her to Armenia. Furthermore, two students will be travelling with Up with People. Mr. Speaker, t he graduation rate for the Berkeley Institute is 91 per cent . The graduation rate for the females is 97 per cent , and the graduation rate for the males is 85 per cent . Mr. Speaker, w e applaud the Berkeley Inst itute graduating c lass of 2018 for their achievements and for earning a total of over $488,000 in scholarships and awards. Mr. Speaker, I will now move on to share the achievements of CedarBridge Academy’ s graduating class of 2018. Mr. Speaker, the theme for the Class of 2018 was “Be Boldly Ambitious.” The guest speaker for the ceremony, the Acting Commissioner of Educ ation, Mrs. Kalmar Richards , outlined the attributes and actions of those who are committ ed to being boldly ambitiou s, and she chal lenged students to emulate these attributes in the future. Mr. Speaker, as I listened to achievements of the CedarBridge Academy students, there was no doubt that they had been boldly ambitious. Students earned a combined total of local and overseas scholarships and awards of roughly $482,000. In this group were two males who earned scholarships valued at $15,000 and $25,000 , respectively, and two females who earned full scholarships to overseas colleges. I further note that three graduates will be attending the American Academy of Dramatic Arts in New York City. They are founding members of the CedarBridge Academy Noire Theatre, who have acquired the world -renowned Meisner Techniques , and who sit on its stu dent-run board. Mr. Speaker, o ne CedarBridge Academy f emale student earned an a ssociate’s degree from the Bermuda College on May 17 th, and on the same day nine male students earned Certificates in Applied Technology, some with merit and distinction. Additionally , eight students, two males and six females, are on track to earn the Bermuda College Nursing Certificate once they complete their clinical examinations. Further, four male students earned, for the first time in the Bermuda p ublic school system, the Penn Foster High School Diploma, and one student earned the Bermuda School Diploma in three years instead of four. Mr. Speaker, as a result of a partnership that CedarBridge Academy has developed with persons in Costa Rica, a female student will spend a gap year in Costa Rica. Mr. Speaker, CedarBridge Academy had 108 graduates meeting graduation requirements and 20
Bermuda House of Assembly students who will have to attend summer school or return to CedarBridge Academy to raise their GPA or earn additional credits to meet the graduation r equirements. The graduation rate for CedarBridge Academy is 84 per cent . The graduation rate for the females is 88 per cent , and that for males is 80 [per cent] . Mr. Speaker, w e commend the CedarBridge Academy graduating class of 2018 for their achiev ements and awards dur ing the 2017/ 18 school year. Mr. Speaker, I am very much encouraged by the accomplishments and successes that our public school senior students have experi enced. I extend a sincere thank you to all of the teaching staff, support staff, and administrative staff at our two public senior schools under the able leadership of Ms. Keisha Douglas at the Berkeley Institute, and Mr. Kenneth Caesar at CedarBridge Academy. Mr. Speaker, t he Government and I will continue to work to create opportuniti es for students in the Bermuda public school system to thrive, achieve, and succeed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Minister, I understand you have a second Statement. Hon. Diallo V. S. Rabain: Yes, Mr. Speaker.
The SpeakerThe SpeakerYou can continue with that. NATIONAL WORKFORCE DEVELOPMENT PLAN FOR BERMUDA Hon. Diallo V. S. Rabain: Mr. Speaker, it gives me great pleasure this morning to share with my col-leagues the report entitled “A National Workforce D evelopment Plan for Bermuda. ” My honourable co lleagues will be aware that …
You can continue with that.
NATIONAL WORKFORCE DEVELOPMENT PLAN FOR BERMUDA Hon. Diallo V. S. Rabain: Mr. Speaker, it gives me great pleasure this morning to share with my col-leagues the report entitled “A National Workforce D evelopment Plan for Bermuda. ” My honourable co lleagues will be aware that the Government’s 2017 election platform committed to create a national wor kforce development plan in collaboration with key stakeholders to ensure that Bermudians are properly prepared to take advantage of both current and future job opportunities. Additionally, this Government committed to ensuring that skill shortages across different occupa-tional groups are addressed and that training options exist on Island to equip Bermudians for the workforce today and in the future. The creation of the National Workforce Development Plan was also announced as one of the Government’s 2017 Throne Speech initi atives. Mr. Speaker, accordingly, six high- level str ategic priorities were identified to shape the terms of reference for the working group and to drive the design, content , and structure of the National Workforce Development Plan for Bermuda. These strategic priorities included: 1. employer and industry engagement; 2. alignment of the workforce development sy stem; 3. creation of a career pathway; 4. development of a youth workforce pr ogramme; 5. universal access to education, training, and career services; and 6. government resources and funding. Mr. Speaker, in January 2018, the National Workforce Development Plan Working Group was established as a non- statutory committee, reporting directly to the Minister of Education and Workforce Development. The working group, which was chaired by Se nator Jason Hayward, included representatives from the Department of Education and Workforce D evelopment, and the Bermuda College. Mr. Speaker, in February 2018, several of the working group members participated in an Intern ational Visitors Leadership Exchange Programme, a 10-day professional exchange sponsored by the Uni ted States Consulate to examine workforce development. As such, members who had already acquired this relevant knowledge and understanding were key in providing input for the execution of t he overall ma ndate of the working group, which was to review the six strategic priorities and develop strategic and oper ational plans to support the implementation of these priorities. The working group was tasked with: 1. making recommendations to improve ef ficiency and reduction of duplication of services within the workforce development system; 2. proposing legislative changes that will create a Workforce Development Board ; and 3. developing a report, by March 31, 2018, for submission to the Minister of Education and Workforce Development. Mr. Speaker, during the month of January, a Fulbright specialist was invited to Bermuda for six weeks. [This] visit was in response to an offer to the Department of Workforce Development from the Uni ted States Consulate and the Fulbright [Specialist] Program , which is a United States academic exchange programme. The US Fulbright [Specialist] Program provides short -term exchange experiences for persons to tackle discrete and rapid- response projects. The Workforce Development specialist possessed over 20 years of experience in project management, career path development , and business systems analysis for private, non- profit , and public sector organisations. During the exchange, the specialist assisted in facil itating meetings held by the working group and in the development of the National Workforce Development Plan. Mr. Speaker, the specialist also met with several stakeholders to understand Bermuda’s workforce needs, chronic challenges , and the current state of Bermuda’s labour market. They took an opportunity to meet with the Bermuda Economic Development Cor2630 6 July 2017 Official Hansard Report
Bermuda House of Assembly poration, the Bermuda Chamber of Commerce, the Bermuda Business Development Agency , and the Bermuda College. They also interacted with students in the Career Pathways Programme at CedarBridge Academy. The information obtained through all meetings and discussions helped to develop a comprehensive Workforce Development Plan for Bermuda. Mr. Speaker, in February of this year, a report of the National Workforce Development Plan was presented to myself, ahead of the required deadline. The plan is structured into both strategic and operational plans for each of the six high-level priorities. It also includes a technology plan for the workforce development sys tem. Mr. Speaker, some of t he recommendations in the National Workforce Development Plan include: 1. form a Workforce Development Board comprising industry partners; 2. creat e an Employer Liaison Officer post within the Department of Workforce Development; 3. develop formal agreements with t he business community, identifying experiential learning for students; 4. replace the current National Training Board Act with a Workforce Development Board Act; 5. transition the Department of Workforce D evelopment and Community Education Deve lopment Programme into a one- stop career centre; 6. develop a process to identify high- demand c areer pathways across emerging industries; 7. develop and implement age- appropriate lear ning activities for primary, middle, and senior level students; 8. establish an Education Officer for Technical and Vocational Education in the Department of Education; and 9. increase programme offerings at the Bermuda College in response to current and future job market industry demands. Mr. Speaker, it is important to note that several of these recommendations align directly with rec-ommendations emanating from an operational and organisational review of the Department of Workforce Development, that was conducted between August and November 2016, which was undertaken by the Government’s Management Consulting Section [MCS]. The MCS review found that there was no d irect connection between the National Training Plan, which focused only on training, and the work of the Department of Workforce Development. In this regard, the National Workforce Development Plan is more comprehensive than the National Training Plan. It provides for the development of career pathways, using a customer -centred approach for all Bermudians, ranging from middle- level school students to persons seeking employment. The overall purpose of the MCS r eview was to clarify the mandate and goals of the department. The National Workforce Development Plan has fulfilled that purpose and will steer the strategic direction of the department for the next two to three years. Mr. Speaker , in closi ng, let me say that the National Workforce Development Plan will , essentia lly, lay the foundation for a 21 st century workforce development system in Bermuda. It is critically important to have a national workforce system for which the primary aim is to connect people with jobs. This plan will provide opportunities to prepare Bermudians with the requisite skills to enter the job market and intr oduce our young people to the world of work. The general public can obtain a copy of the National Workforce Developm ent Plan from the d epartment’s website at http://dwd.bm . Mr. Speaker, I would like to take this opportunity to thank the former United States Consul General for Bermuda, Ms. Mary Ellen Koenig, for the inv itation of professiona l and academic exchanges; Fu lbright Specialist and Dean of Workforce, Piedmont Virginia Community College, Valerie Palamountain; and members of the National Workforce Development Plan Working Group— Mr. George Outerbridge, Mrs. Pandora Glasford, Ms. Judy Lo we-Teart , Mr. LeVar Bassett , Dr. Radell Tankard, Ms. Tawana Flood, Ms. Tammy Ri chardson, and Dr. Trescot Wilson —and, of course, the Chairman, Senator Jason Hayward. Mr. Speaker, i t was this group of professionals who came together as a team, presented ideas, e ngaged in lengthy discussions and made valuable contributions that birthed the formulation of Bermuda’s first Nation al Workforce Development Plan—preparing and connecting Bermudians with jobs! Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to the end of Statements this morning. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerWe are now on Question Period. This morning we have two questions that were submitted for oral response. Those questions were to the Minister of Health, from the Honourable Opposition Leader. (She is just entering the Chamber now.) So, we will start this. Remember we have 60 minutes. It is …
We are now on Question Period. This morning we have two questions that were submitted for oral response. Those questions were to the Minister of Health, from the Honourable Opposition Leader. (She is just entering the Chamber now.) So, we will start this. Remember we have 60 minutes. It is now 10:31. Honourable Opposition Leader, would you like to put your two quest ions to the Minister for oral r esponse?
Bermuda House of Assembly QUESTION 1: 2018– 2020 FINANCING REFORM PLAN TOWARD UNIVERSAL HEALTH CARE LED BY THE BERMUDA HEALTH COUNCIL
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. My first question to the Minister is, Would the Honourabl e Minister please provide the Honourable House with an update on the status of the 2018 –2020 Financing Reform Plan Toward Universal Health Care led by the Bermuda Health Council?
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: The Ministry of Heal th and the Health Council have reviewed their records and do not have a report by the title 2018 –2020 Financing R eform Plan Toward Universal Health Care .
The SpeakerThe SpeakerThank you. Supplementary or further question? Hon. Jeanne J. Atherden: Supplementary.
The SpeakerThe SpeakerOkay. SUPPLEMENTARY Hon. Jeanne J. Atherden: Would the Minister indicate whether the Health Council has any record of working on a financing reform plan if it does not say 2018 –2020?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Mr. Speaker, there are some briefing notes of some minutes in which the Health Council were meeting with respect to reviewing health financing reform, simply information briefing minutes. No report was ever produced.
The SpeakerThe SpeakerThank you. Supplementary or further question?
Mrs. Patricia J. Gordon -PamplinSupplementary.
The SpeakerThe SpeakerSupplementary. I will take your supplementary.
Mrs. Patricia J. Gordon -PamplinSupplementary,
Mr. Speaker.
The SpeakerYes. SUPPLEMENTARY
Mrs. Patricia J. Gordon -PamplinI wond er if the Minister would be able to give us any indication as to the content of the briefing notes. The Speaker: Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker. They effectively spoke about who was present, spoke about what the purpose of their meeting was. Unfortunately, there …
I wond er if the Minister would be able to give us any indication as to the content of the briefing notes. The Speaker: Minister.
Hon. Kim N. Wilson: Yes, Mr. Speaker. They effectively spoke about who was present, spoke about what the purpose of their meeting was. Unfortunately, there was very limited activity. I would be prepared to share them with the Honourable Member who asked these questions. They are just simply information briefing notes, which I will share.
The SpeakerThe SpeakerThank you. Any further supplement ary? Hon. Jeanne J. Atherden: I have a supplementary.
The SpeakerThe SpeakerOkay. Yes. SUPPLEMENTARY Hon. Jeanne J. Atherden: Would the Minister advise this House as to how one is able to get information about work that was being done by the Health Council with respect to health financing reform that covered a span of at least two years? How is one …
Okay. Yes.
SUPPLEMENTARY
Hon. Jeanne J. Atherden: Would the Minister advise this House as to how one is able to get information about work that was being done by the Health Council with respect to health financing reform that covered a span of at least two years? How is one able to get information with respect to what a committee was working on for at least two years?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: I think I understand the Honourable Member’s question. As I have indicated, there were briefing notes. They are titled Information Brief, where they met and they had an agenda, et cetera, which I will be prepared to share. I believe there were three particular occasions …
The SpeakerThe SpeakerThank you, Minister. Any further questions? No questions, no supplementary. The Honourable Minister, you have a second question that was submitted from the Opposition Leader. Would you like to pose that question, Oppos ition Leader? QUESTION 2: 2018– 2020 FINANCING REFORM PLAN TOWARD UNIVERSAL HEALTH CARE LED BY THE BERMUDA …
Thank you, Minister. Any further questions? No questions, no supplementary. The Honourable Minister, you have a second question that was submitted from the Opposition Leader. Would you like to pose that question, Oppos ition Leader?
QUESTION 2: 2018– 2020 FINANCING REFORM PLAN TOWARD UNIVERSAL HEALTH CARE LED BY THE BERMUDA HEALTH COUNCIL
Hon. Jeanne J. Atherden: My second question was, Will the Honourable Minister be providing the Honour-able House with a copy of the 2018– 2020 Financing Reform Plan Toward Universal Health Care led by the Bermuda Health Council?
The SpeakerThe SpeakerMinister. 2632 6 July 2017 Official Hansard Report Bermuda House of Assembly Hon. Kim N. Wilson: As I said previously, Mr. Speaker, this is not applicable because the said report does not exist.
The SpeakerThe SpeakerSupplementary? No supplementaries. That brings us to a close of the questions that have been submitted for oral r esponse. We will now go on to questions in ref erence to Statements that were made this morning by Mini sters. And we have two Members who have indicated that they …
Supplementary? No supplementaries. That brings us to a close of the questions that have been submitted for oral r esponse. We will now go on to questions in ref erence to Statements that were made this morning by Mini sters. And we have two Members who have indicated that they would like to put questions to the Mi nister of Health in reference to her Statement on health financing. The first is from the Opposition Leader. Honourable Member.
QUESTION 1: HEALTH FINANCING REFORMS
Hon. Jeanne J. Atherden: My fi rst question relates to the Statement by the Minister with respect to the health care, the patient -centred medical homes, as well as the (I do not think the Minister actually said what it was called, but) Enhanced Care Pilot. My question relates . . . this is on page 8. The Minister provided an update on the Enhanced Care Pilot and gave some indication of the numbers of participants who were enrolled. I would like the Minister to indicate, how do these results compare to the target that had been set for this particular programme?
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. [Member], as I indicated, this programme, I said previously, has been very, very successful. In fact, it has met and exceeded the expectations of the team who are working on it. And we are hoping that one day in …
Thank you. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. [Member], as I indicated, this programme, I said previously, has been very, very successful. In fact, it has met and exceeded the expectations of the team who are working on it. And we are hoping that one day in the future we will be able to extend the le vel of participation. But it has just grown so quickly and has been such a success, not only with respect to measuring the outcomes concerning the lev els of decreased weight gain and blood pressure, et cetera, reduction insofar as medications for a number of these participants. And we certainly will be expanding it. We are looking to expand the programme so that more persons who are suffering from thes e types of conditions, who meet the model of this programme, will be able to be participants of it.
The SpeakerThe SpeakerThank you, Minister. Supplementary? Another supplementary from the Honourable Member Jackson. Yes, you can put your supplementary. SUPPLEMENTARIES
Ms. Susan E. JacksonGood morning, Mr. Speaker. Minister of Health, I was just wondering if there is a capacity for the programme. So, is there a point at which we would have to stop being able to take people into, in particular, let’s say, the Enhanced Care Pilot? And then if there is …
Good morning, Mr. Speaker. Minister of Health, I was just wondering if there is a capacity for the programme. So, is there a point at which we would have to stop being able to take people into, in particular, let’s say, the Enhanced Care Pilot? And then if there is . . . well, I will just leave it at that.
The SpeakerThe SpeakerThank you. Minister, would you like to respond? Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. As I indicated, we are planning on extending the programme. Right now, I do not want to say we are at capacity, but we are looking at a better way of actually managing …
Thank you. Minister, would you like to respond? Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. As I indicated, we are planning on extending the programme. Right now, I do not want to say we are at capacity, but we are looking at a better way of actually managing it, from an administrative point of view, because it is very labour intensive. These ind ividuals are assessed, et cetera, et cetera, by the staff. But we are certainly looking to extend the programme, which may very well mean extending human r esources and the like.
The SpeakerThe SpeakerThank you, Minister. Supplementary? Ms. Jackson, would you like to ask another supplementary?
Ms. Susan E. JacksonSo, given that this is a pilot, are we expecting . . . or may I ask the Minister what are the chances of sustainability that we would be able to keep this programme in place over the lo ng term? What are the chances?
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: I thank that Honourable Member for the question. Right now, capacity is an issue. And we are looking to get more physician providers to participate in this programme because of its success. So, hop efully, the physicians who are listening to the House …
Thank you. Minister. Hon. Kim N. Wilson: I thank that Honourable Member for the question. Right now, capacity is an issue. And we are looking to get more physician providers to participate in this programme because of its success. So, hop efully, the physicians who are listening to the House or have family members or friends who are listening, would be prepared to raise their hand and participate in the programme.
The SpeakerThe SpeakerThank you, Minister. Any supplem entary?
Mrs. Patricia J. Gordon -PamplinSupplementary.
The SpeakerThe SpeakerSupplementary? We recognise the Honourable Member Gordon- Pamplin. You have the floor. Bermuda House of Assembly SUPPLEMENTARY
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Speaker. Mr. Speaker, I wonder if the Minister could indicate whether doctors . . . if there has been any reason for any apparent reluctance for doctors to be able to join, participate, and contribute to the success of this programme?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: Thank you. There are myriad reasons. I think one of the reasons that I have heard from certain physicians is that it is a very special category of individual who participates in this programme. And there may be a number of other challenges that this …
Minister.
Hon. Kim N. Wilson: Thank you. There are myriad reasons. I think one of the reasons that I have heard from certain physicians is that it is a very special category of individual who participates in this programme. And there may be a number of other challenges that this patient, not necessar ily physically, demonstrates. But it is a challenging type of patient who participates in the programme. So, it is not so much that the doctors do not want to assist, but these are individuals who present a number of challenges, not just health -wise, but perhaps [have] mental illness challenges and the like. But, again, the doctors . . . I commend the facilities that are participating, because, obviously, they are doing yeoman’s work. And we are just en-couraging and hoping that more physicians will come up and participate.
The SpeakerThe SpeakerThank you, Minister. Supplementary or new question? Hon. Jeanne J. Atherden: Supplementary.
The SpeakerThe SpeakerContinue. SUPPLEMENTARY Hon. Jeanne J. Atherden: With respect to these types of patients, et cetera, the Mi nister referred to the Patient -Centred Medical Home. And I just wondered, because this is centred at the hospital, which means that there is the opportunity for those people to be . . …
Continue.
SUPPLEMENTARY
Hon. Jeanne J. Atherden: With respect to these types of patients, et cetera, the Mi nister referred to the Patient -Centred Medical Home. And I just wondered, because this is centred at the hospital, which means that there is the opportunity for those people to be . . . for their results to be further expanded, has any comparison been made as to the benefits that the hospital home has, versus what has happened with the government -run, to see whether any changes would be made in either one of those programmes?
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Yes. Mr. Speaker. I do n ot have the information in front of me with respect to . . . I demonstrated some of the successes of the E nhanced Care Pilot. But I will undertake to bring that information, by Ministerial Statement, …
Thank you. Minister.
Hon. Kim N. Wilson: Yes. Mr. Speaker. I do n ot have the information in front of me with respect to . . . I demonstrated some of the successes of the E nhanced Care Pilot. But I will undertake to bring that information, by Ministerial Statement, to the House to outline the successes of the Patient -Centred Medical Home programme.
The SpeakerThe SpeakerThank you, Minister. Any further supplementaries?
The SpeakerThe SpeakerOkay. Yes. Hon. Jeanne J. Atherden: I am going for my new question.
The SpeakerThe SpeakerYes. QUESTION 2: HEALTH FINANCING REFORMS Hon. Jeanne J. Atherden: All right. Mr. Speaker, the Minister has indicated on page 6, in talking about the National Health Plan, that the 2012 National Health Plan, which talked about all the . . . the amount of $450, that were going to …
Yes.
QUESTION 2: HEALTH FINANCING REFORMS
Hon. Jeanne J. Atherden: All right. Mr. Speaker, the Minister has indicated on page 6, in talking about the National Health Plan, that the 2012 National Health Plan, which talked about all the . . . the amount of $450, that were going to be in there in terms of a package that not only included hospitalisation, primary care, prescription drugs, dental care, et cetera . . . what I would lik e to find out is if the Minister could i ndicate to this House what is the real difference be-tween this, if you will, package that was being co ntemplated in the 2012 report and the existing package that we have now under Standard Health Benefit [SHB]?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. There are a number of differences. The first would be, obviously, the costing of this. We are looking at a comprehensive plan that would not only pr ovide for catastrophic types of ailments, but also pr eventative care …
Thank you, Member. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. There are a number of differences. The first would be, obviously, the costing of this. We are looking at a comprehensive plan that would not only pr ovide for catastrophic types of ailments, but also pr eventative care and long- term care, which is not covered currently under the Standard Health Benefit.
The SpeakerThe SpeakerThank you. Supplementary or new question? Supplementary? Supplementary from Member Dunkley. SUPPLEMENTARIES Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. Good morning, and I appreciate the Minist erial Statement by the Minister today on such an i mportant subject. 2634 6 July 2017 Official Hansard Report Bermuda House of …
Thank you. Supplementary or new question? Supplementary? Supplementary from Member Dunkley.
SUPPLEMENTARIES
Hon. Michael H. Dunkley: Yes, thank you, Mr. Speaker. Good morning, and I appreciate the Minist erial Statement by the Minister today on such an i mportant subject. 2634 6 July 2017 Official Hansard Report
Bermuda House of Assembly In regard to the question asked by the Opposition Leader, the question to the Honourable Minister, so what impact would major medical have on a plan like this? Generally, what impact does major medical have on insurance premiums? Because one of the things I keep hearing about, Mr. Speaker, is that pe ople are trying to save money on insurance, s o they are cutting out major medical.
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. This Statement, in particular, relates to the Standard Health Benefit, which, as colleagues would know, is a requirement. It is the mini mal benefit that is required under law to be included in an insurance packet. If individuals want …
Thank you. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. This Statement, in particular, relates to the Standard Health Benefit, which, as colleagues would know, is a requirement. It is the mini mal benefit that is required under law to be included in an insurance packet. If individuals want to purchase supplemental insurance as high as major medical or whatever, that is an individual choice that persons would have. So, this is really relating specifically to the Standard Health Benefit, the minimal requirement that all insurance packages would have.
The SpeakerThe SpeakerThank you. Supplementary? Hon. Michael H. Dunkley: On the previous.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. So, would the Minister agree that not having some type of major medical insurance could put any individual at significant risk, bearing in mind the cost of the major medical that might take place and, as we get older, the need …
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Mr. Speaker, I am not in a pos ition to answer that question. Again, this is really related specifically to the Standard Health Benefit, which is the minimal required health insurance. If indivi duals wish to purchase supplemental insurance as high as major …
Thank you. Minister.
Hon. Kim N. Wilson: Mr. Speaker, I am not in a pos ition to answer that question. Again, this is really related specifically to the Standard Health Benefit, which is the minimal required health insurance. If indivi duals wish to purchase supplemental insurance as high as major medical or something of a lesser level, that is a separate issue. But what I am trying to impress upon the House and persons who are listening is that, right now, we cannot afford to continue paying for health care, utilising the mechanisms that we are using right now. It is not cost -effective. But the Standard Health Benefit is what the Health Financing Report of 2012 was looking at, and how we can pay for this Standard Health Benefit.
The Sp eaker: Thank you. Supplementary? Mrs. Patricia J. Gordon -Pamplin: Yes, I have a supplementary.
The SpeakerThe SpeakerWe will take a supplementary from MP Gordon- Pamplin. SUPPLEMENTARY
Mrs. Patricia J. Gordon -PamplinThank you. I wonder if the Minister could c larify that, in trying to enhance the Standard Health Benefit, would there be some benefits that people might presently only be able to obtain through supplemental such as major medical, that might be now included in the standard programme so that …
Thank you. I wonder if the Minister could c larify that, in trying to enhance the Standard Health Benefit, would there be some benefits that people might presently only be able to obtain through supplemental such as major medical, that might be now included in the standard programme so that people w ould not perhaps have to be forced to take on the major medical?
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, again, the plan that we are looking at is actually available on both the government website, as w ell as the Bermuda Health Council’s website. And it will include a better package, a pac kage that includes …
Thank you. Minister.
Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, again, the plan that we are looking at is actually available on both the government website, as w ell as the Bermuda Health Council’s website. And it will include a better package, a pac kage that includes preventative measures, that i ncludes some physician treatments, prescription drugs, dental, as well as long- term care. So there will be . . . we are looking at a different benefits package that would be a little bit more inclusive over what is being offered right now.
The SpeakerThe SpeakerThank you, Minister. Supplementary? Supplementary?
The SpeakerThe SpeakerYes. The Honourable Member Jac kson. SUPPLEMENTARY
Ms. Susan E. JacksonMinister, given the fact that we as a population, a larger pool of people, will be paying more money for the cost of health care under this new proposed plan, is there any indication or po ssibility that people who are maintaining a healthy lif estyle and people who are …
Minister, given the fact that we as a population, a larger pool of people, will be paying more money for the cost of health care under this new proposed plan, is there any indication or po ssibility that people who are maintaining a healthy lif estyle and people who are young and may not be facing any health issues could actually be more rewarded if there is any incentive for them to be a part of this plan? Like a discount, a no- claims disc ount? (I am hearing promotion over this side).
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker. I think the Honourable Member may have i nadvertently misrepresented what I said. I did not say that this plan would be more c ostly than what is being B ermuda House of Assembly paid. In fact, we are …
Thank you, Member. Minister. Hon. Kim N. Wilson: Yes, Mr. Speaker. I think the Honourable Member may have i nadvertently misrepresented what I said. I did not say that this plan would be more c ostly than what is being
B ermuda House of Assembly paid. In fact, we are looking at . . . the actuarial work is being done now because we need to look at which plan is going to be selected and how it is going to be costed. I do not know the cost. So, for me to say it is going to be more or less, or for representations to be made that I said it was going to cost more is incorrect. Because I do not know. The actuarial work is just being done, and we have not selected which option we are going to be using. However, with respect t o the initiatives of , I guess, getti ng a decreas e in premium becaus e of good health, t hat is certainly s omething that we can consider. But that is part a nd parcel of what this Go vernment’s commitment is i n terms of supportin g overall wellness. A nd w e know that ther e are som e insurance companies t hat do offer w ellness pr ogrammes. The Government i s committed to exploring that, as well, and it is certainly something that we can look into.
The SpeakerThe SpeakerThank you. Supplementary, further question? SUPPLEMENTARY Ho n. Jeanne J. Atherden: Supplementary. The Minister indicated that HIP and F utureCare were shielded from premium increases. And I just wonder if she can explain to this House how this was accomplished. The reason I say that is because HIP and FutureCare …
Thank you. Supplementary, further question? SUPPLEMENTARY Ho n. Jeanne J. Atherden: Supplementary. The Minister indicated that HIP and F utureCare were shielded from premium increases. And I just wonder if she can explain to this House how this was accomplished. The reason I say that is because HIP and FutureCare are sort of the programmes, almost, of last resort in terms of you have to take ever ybody. And when everybody else is seeing an increase in utilisation, I just wondered how the Ministry was able to shield them from premium increases.
The SpeakerThe SpeakerMm-hmm. Tha nk you. Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, the premium that we just did increase as of July 1st, as the Honourable Member indicated, did not see an increase to FutureCare and HIP patients. And in order to increase t he SPR …
Mm-hmm. Tha nk you. Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, the premium that we just did increase as of July 1st, as the Honourable Member indicated, did not see an increase to FutureCare and HIP patients. And in order to increase t he SPR [standard premium rate] due to the utilisation, it was effectively transferred to the Health Insurance Fund to support . . . there was a bigger transfer to the Health Insurance Fund so that, effectively, all of the 48,000 people who are paying paid a little bit more, and we transferred more to the Health Insurance Fund so that there would not be an impact on the HIP and F utureCare patients.
The SpeakerThe SpeakerThank you, Minister. Supplementary?
Mrs. Patricia J. Gordon -PamplinSupplementary. The Speake r: Continue. SUPPLEMENTARY
Mrs. Patricia J. Gordon -PamplinSo, are we saying that there is going to be a bigger hit on the Consol idated Fund, based on this high- flying financing?
The SpeakerThe SpeakerMinister. Hon. Kim N. Wilson: The health insurance premiums and options that we spoke about will be subsidised by both a dedicated cash injection from the Consolidated Fund, as well as transfers to the Mutual Reinsurance Fund. And these mechanisms will keep the fund solvent and able to pay for …
Minister. Hon. Kim N. Wilson: The health insurance premiums and options that we spoke about will be subsidised by both a dedicated cash injection from the Consolidated Fund, as well as transfers to the Mutual Reinsurance Fund. And these mechanisms will keep the fund solvent and able to pay for the claims of its policyholders, including those persons who are on financial assi stance.
The SpeakerThe SpeakerThank you, Minister. Supplementary or new question? New question, yes. QUESTION 3: HEALTH FINANCING REFORMS Hon. Jeanne J. Atherden: New question. I wonder if the Minister could indicate to us when the actuarial review will be completed and t abled? Because, of course, the whole thing about util isation is …
Thank you, Minister. Supplementary or new question? New question, yes. QUESTION 3: HEALTH FINANCING REFORMS Hon. Jeanne J. Atherden: New question. I wonder if the Minister could indicate to us when the actuarial review will be completed and t abled? Because, of course, the whole thing about util isation is relevant to what is being charged and whet her any of these adjustments that are being made will actually work, or else they will result in the need for more increases in premiums.
The SpeakerThe SpeakerThank you. Hon. Kim N. Wilson: Thank you, Mr. Speaker. The Honourable Member, who formerly occ upied this seat, would recall that when we are calcula ting the standard premium rate it is based on projections of utilisation two years forward and actual utilis ation two years past. Those calculations …
Thank you. Hon. Kim N. Wilson: Thank you, Mr. Speaker. The Honourable Member, who formerly occ upied this seat, would recall that when we are calcula ting the standard premium rate it is based on projections of utilisation two years forward and actual utilis ation two years past. Those calculations are what help us to ascertain the level of the standard premium rate. So, at this point, again the standard premium rate that we just spoke about was dealing with projections and what the actual utilisation was two years ago, which is how we were able . . . the actuarial report was able to calculate it. As I have indicated previously, we are in the process of reviewing the 2012 Health Reform Financ-ing Report. It indicates a number of options; two op-tions in particular are being looked at. Once a deter-mination has been made insofar as which option we will use, then we will go out to the actuaries for them to cost it so that we can see what the prices will be and what benefits will be able to be included in that. But, as I have indicated previously, there are a num-ber of benefits that we are looking at, but we first have to decide which option so that we can know how we are going to pay for t he health reform financing. 2636 6 July 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Supplementary or new question?
Hon. Jeanne J. Atherden: Supplementary.
The SpeakerThe SpeakerContinue. SUPPLEMENTARY Hon. Jeanne J. Atherden: I glory in what the Minister said, because she did what I know has been done in the past. She went all around and did not answer my question. My question was this — [Inaudible interjection] Hon. Jeanne J. Atherden: I know exactly. And …
Continue.
SUPPLEMENTARY
Hon. Jeanne J. Atherden: I glory in what the Minister said, because she did what I know has been done in the past. She went all around and did not answer my question. My question was this —
[Inaudible interjection]
Hon. Jeanne J. Atherden: I know exactly. And I a ppreciate that you are getting the advice from the same people that I got this from. Mr. Sp eaker, what I wanted to find out was, we have the actuarial review, and I know from a pr evious review that you are two years in advance, and you have to take the actual information and try and project it going forward. And what I am trying to determine is, for the year that would have affected the 2016/17 premiums, which we now know those results, and there was an indication that the actuary had put a certain level of utilisation in there, did that level of util isation come higher or lower? Because it obviously has an impact on what has been presented. Now, recognising that we lowered the prem iums in 2017, the Government has now increased the premiums. I want to understand about the utilisation. Thank you.
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, as I indicated, the Honourable Member is correct. There was a decrease in the pr emiums by $4.07 in 2017. The mechanism used for that decrease was that we also saw the Government at the time, …
Thank you. Minister.
Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. Mr. Speaker, as I indicated, the Honourable Member is correct. There was a decrease in the pr emiums by $4.07 in 2017. The mechanism used for that decrease was that we also saw the Government at the time, the OBA Government, decrease all of the Bermuda Hospitals Board fees. So they decreased all of the fees for the hospital, which allowed them to do a decrease in the premium. The hospital, as it was already strapped for cash because of the decrease in their fees, at the same time, the One Bermuda All iance decided, We’re going to reduce the subsidy by $25 million to the hospital in order to finance the America’s Cup.
[Inaudible interjections]
An Hon. Member An Hon. MemberThat’s not correct. Hon. Kim N. Wilson: We only have one hospit al in this jurisdiction, and — Mrs. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker. Hon. Kim N. Wilson: —we wanted to make sure that it remained solvent.
Mrs. Patricia J. Gordon -PamplinPoint of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take the point of order. POINT OF ORDER [Misleading]
Mrs. Patricia J. Gordon -PamplinThe Honourable Member is intentionally misleading the House. The hospital was not taking a $25 million hit in order to finance the America’s Cup. The hospital . . . the Honour able Member said the hospital was strapped for cash. The hospital at the time was trying to invest in …
The Honourable Member is intentionally misleading the House. The hospital was not taking a $25 million hit in order to finance the America’s Cup. The hospital . . . the Honour able Member said the hospital was strapped for cash. The hospital at the time was trying to invest in a government -sponsored fund for $100 million because they wanted to set it aside. They were only given $50 million, and they moaned about it because they wanted to be able to take $100 million surplus —money that they had lying around—in order to be able to make that investment. So, the Honourable Member is misleading the House.
The SpeakerThe SpeakerThank you. Thank you. Minister. Hon. Kim N. Wilson: The utilisation for the 2016 . . . the answer to the question of the Honourable Oppos ition Leader concerning the utilisation was higher, r esulting in 106 per cent loss ratio. So in that particular year we saw that there …
Thank you. Thank you. Minister. Hon. Kim N. Wilson: The utilisation for the 2016 . . . the answer to the question of the Honourable Oppos ition Leader concerning the utilisation was higher, r esulting in 106 per cent loss ratio. So in that particular year we saw that there was a 100 per cent loss ratio to the SPR, in ot her words, meaning we spent more money on premiums [sic] than was actually collected.
[Inaudible interjections]
POINT OF CLARIFICATION
Mrs. Patricia J. Gordon -PamplinA point of clarity, Mr. Speaker. The Honourable Member said she spent more money on premiums . But she means she spent more money on claims .
An Hon. Member An Hon. MemberThat is right.
The SpeakerThe SpeakerThank you. Now, Madam Opposition Leader, you have finished your questions. The next Member who had questions for the Minister of Health is the Member from constituency 20. Bermuda House of Assembly Honourable Member Jackson, do you still wish to put your questions? QUESTION 1: HEALTH FINANCING REFORMS
Ms. Susan E. JacksonMr. Speaker, I have most of my questions answered. But I just have one question around the fees. So, a ll of the fees may have been reduced for the hospital. But I see here that the Minister of Health is actually, you know, sort of promoting the fact that …
Mr. Speaker, I have most of my questions answered. But I just have one question around the fees. So, a ll of the fees may have been reduced for the hospital. But I see here that the Minister of Health is actually, you know, sort of promoting the fact that the fees for long- term care at the hospital were r educed dramatically. And I am just wondering, are these fees then going to stay reduced? Or are you going to be re- adjusting hospital fees? And this is on page 8, the long- term care, second paragraph.
The SpeakerThe SpeakerThank you. Minister. Hon. Kim N. Wilson: Thank you. Mr. Speaker, you will recall when the f ormer Extended Care Unit was closed, there were a number of patients who needed to be housed. And they were moved over to the old- old—not the old- old hospital, but what we …
The SpeakerThe SpeakerMm-hmm. Hon. Kim N. Wilson: And they were being charged out at . . . the cost was almost $38,000 per patient per month. And the hospital agreed to reduce that cost –– because there were 100- and-some- odd patients who were still there at the Extended Care Unit ––to …
Mm-hmm.
Hon. Kim N. Wilson: And they were being charged out at . . . the cost was almost $38,000 per patient per month. And the hospital agreed to reduce that cost –– because there were 100- and-some- odd patients who were still there at the Extended Care Unit ––to some $20,000. So that was the nego tiation that took place. The hospital reduced that cost, and we are certainly not looking to have it reduced any further, or certainly not increase it.
The SpeakerThe SpeakerThank you, Minister. Any further questions or supplementary? No further questions. No su pplementaries. We now move on to the Statement by the Minister of Workforce Development and Education. There is a question that would be put by the Honourable Member from constituency 8. Honourable Member Simons, you can put …
Thank you, Minister. Any further questions or supplementary? No further questions. No su pplementaries. We now move on to the Statement by the Minister of Workforce Development and Education. There is a question that would be put by the Honourable Member from constituency 8. Honourable Member Simons, you can put your question to the Ministe r.
QUESTION 1: NATIONAL WORKFORCE DEVELOPMENT PLAN FOR BERMUDA
Mr. N. H. Cole SimonsThank you, Mr. Speaker. This is in regard to the Workforce Develo pment Plan. The Statement indicated that the working group, which was chaired by myself, included repr esentatives from the Department of Education, Wor kforce Development, and the Bermuda College. Mr. Speaker, given that we are talking about preparing …
Thank you, Mr. Speaker. This is in regard to the Workforce Develo pment Plan. The Statement indicated that the working group, which was chaired by myself, included repr esentatives from the Department of Education, Wor kforce Development, and the Bermuda College. Mr. Speaker, given that we are talking about preparing our people for the workforce, can the Minister tell the House why he chose not to include industry partners in the working group, in that they will play a vital role in the success of the plan, going forward, and there are key, key stakeholders in the industry?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, first, there is a correction. I corrected it on the floor when I spoke, that Senator Jason Hayward chaired the working group and not myself. And secondly, the Statement mentioned specifically that the Workforce Development Plan has to engage …
Thank you, Member. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, first, there is a correction. I corrected it on the floor when I spoke, that Senator Jason Hayward chaired the working group and not myself. And secondly, the Statement mentioned specifically that the Workforce Development Plan has to engage with industry partners and that interviews took place with the Chamber of Co mmerce, as well as various other industry partners. So, including them on the committee and interviewing them is the same thing.
The SpeakerThe SpeakerThank you, Minister. Supplementary or new question?
Mr. N. H. Cole SimonsI have heard the Minister’s comment. And, you know, it is not the same thing in that the industry partners can provide ongoing gui dance and leadership and fresh ideas that the gover nment team is not exposed to. So, is it possible that we can still depend on having …
I have heard the Minister’s comment. And, you know, it is not the same thing in that the industry partners can provide ongoing gui dance and leadership and fresh ideas that the gover nment team is not exposed to. So, is it possible that we can still depend on having the industry partners join the working group to bring industry expertise and leadership?
The SpeakerThe SpeakerThank you. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, once again, reading and listening are fundamental. One of the recommendations that came out of this plan, and it is noted on page 3, the first bullet point, this plan will facilitate “the formation of a Workforce Development Board comprising …
The SpeakerThe SpeakerSupplementary or new question?
The SpeakerThe SpeakerContinue. 2638 6 July 2017 Official Hansard Report Bermuda House of Assembly QUESTION 2: NATIONAL WORKFORCE DEVELOPMENT PLAN FOR BERMUDA
Mr. N. H. Cole SimonsCan the Minister provide d etails on the Fulbright specialist’s contract?
The SpeakerThe SpeakerThank you. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, as spoken to in the Statement, the Fulbright speciali st was som eone who was brought here by the US Consulate. That question would have to be aimed at the US Cons ulate.
The SpeakerThe SpeakerMinister, thank you. Member, supplementary or new question?
Mr. N. H. Cole SimonsCan the Minister confirm, how much did the Fulbright specialist’s fees cost the Government of Bermuda?
The SpeakerThe SpeakerMinister. Hon. Diallo V. S. Rabain: Mr. Speaker, the Fulbright specialist was brought in as a guest of the US Cons ulate. There were some minor fees that were paid by the Department of Workforce Development that had to do with accommodations only. I will endeavour to find out those …
The SpeakerThe SpeakerMm-hmm. Further question or supplementary? That brings us to a close of the Question P eriod for this morning. Thank you, Members, for your participation. We will now move on to the next or der on the Order Paper. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerWould anyone like to rise for that? We re cognise the Honourable Member Dunkley. You have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable Chamber to recognise and say congratulations to the swimming team that is led by our colleague, Coach …
Would anyone like to rise for that? We re cognise the Honourable Member Dunkley. You have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable Chamber to recognise and say congratulations to the swimming team that is led by our colleague, Coach Ben Smith, on another fantastic journey overseas in the Central American and Caribbean Swimming Championships. I believe the team just got back last night, winning a fantastic number of medals and fi n-ishing, I believe, sixth out of twenty -eight countries in the swimming championship. So, I want to congrat ulate the coach and all of the winners of the medal.
[Desk thumping]
Hon. Michael H. Dunkley: You know, sometimes I think we take it for granted the hard work that takes place. And sometimes, I think that we take for granted that Bermuda is jumping into a big pool with a lot of big countries and constantly showing the pedigree that we have. I would also like to ask this Honourable Chamber to send congratulations to young Daniel Phillips on his tennis explo its in dealing with the Caribbean Junior Tennis Circuit. He is undefeated at this point and continues to perform well, far from home. Mr. Speaker, I am focusing on these congratulations because, to me, youth development and the ability for our young peopl e to focus in on healthy activity, to form life -forming lifestyles and habits, to meet people and to involve themselves in competition, with good coaches who could be good role models and good leaders and good mentors, is the most effective way, coupled wi th a solid education system, for our young people to move forward. So, while there is a lot of talk, occasionally, in our community about where we fail, I want to recognise people who are doing excellent work and conti nue to do excellent work. So, they sho uld all be applauded. And I am proud to be able to sit here next to Ben Smith, who continues to work with our young people and perform outstanding deeds. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? We recognise H onourable Member Tyrrell. Honourable Member Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, I would like this morning to highlight and have congratulations sent to a young Bermudian woman who is plying her trade overseas. Ms. Denaye Hinds works for a company, OBM International, in Coral Gables, Florida. And through that co nnection, …
Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, I would like this morning to highlight and have congratulations sent to a young Bermudian woman who is plying her trade overseas. Ms. Denaye Hinds works for a company, OBM International, in Coral Gables, Florida. And through that co nnection, she does work for the Caribbean Hotel & Tourism Association. And in a nutshell, she assists hotels becom ing green. She is very sought -after throughout the Caribbean and Central America areas. So I would certainly like to highlight Ms. Denaye Hinds and ask for congratulations to be sent to her. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? No other Member wishes to speak. We will move on. Bermuda House of Assembly MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MAT TERS OF U RGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerI believe we have some seven Bills to be introduced this morning. The first are in the name of the Honourable Premier. Deputy, are you going to b e presenting those? Hon. Walter H. Roban: The Bills now?
The SpeakerThe SpeakerYes. Yes. Hon. Walter H. Roban: Yes, of course, Mr. Speaker.
The SpeakerThe SpeakerOkay. I believe the first two are the Premier’s, and the third is yours. Hon. Walter H. Roban: Yes. Thank y ou, Mr. Speaker, and good morning to everyone.
The SpeakerThe SpeakerGood morning. FIRST READING PAYROLL TAX AMENDMENT (NO. 2) ACT 2018 Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper at the next day of meeting: Payroll Tax Amendment (No. 2) Act 2018.
The SpeakerThe SpeakerThank you. Next. FIRST READING INSURANCE AMENDMENT (NO. 2) ACT 2018 Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill for its first readin g so that it may be placed on the Order Paper for the next day of meeting: Insurance Amendment (No. 2) Act 2018. …
Thank you. Next.
FIRST READING
INSURANCE AMENDMENT (NO. 2) ACT 2018
Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill for its first readin g so that it may be placed on the Order Paper for the next day of meeting: Insurance Amendment (No. 2) Act 2018. The Speaker: Thank you. Now I believe the next two are actually in your name. Take the next two.
Hon. Walter H. Roban: Yes, Mr. Speaker. Thank you.
The SpeakerThe SpeakerYes. FIRST READING ELECTRICITY AMENDMENT ACT 2018 Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Electricity Amen dment Act 2018.
The SpeakerThe SpeakerThank you. FIRST READING MOTOR CAR AMENDMENT (NO. 2) (TOUR QUADRICYCLES) ACT 2018 Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order Paper for the next day of meeting: Motor Car Amendment (No. 2) …
The SpeakerThe SpeakerThank you, Deputy Premier. The next, I believe, is in the name of the Mi nister of Health. Minister. FIRST READING PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 2) ACT 2018 Hon. Kim N. Wilson: Yes. Good morning, Mr. Speaker. Again, Mr. Speaker, I am introducing the following Bill for the first …
Thank you, Deputy Premier. The next, I believe, is in the name of the Mi nister of Health. Minister.
FIRST READING
PROCEEDS OF CRIME (MISCELLANEOUS) (NO. 2) ACT 2018
Hon. Kim N. Wilson: Yes. Good morning, Mr. Speaker. Again, Mr. Speaker, I am introducing the following Bill for the first reading so that it may be placed on the Order Paper for the next day of meeting, nam ely, the Proceeds of Crime (Miscell aneous) (No. 2) Act 2018.
The SpeakerThe SpeakerThank you, Minister. The following is in the name of the Minister of Home Affairs. Minister. FIRST READING CHARITIES AMENDMENT ACT 2018 Hon. Walton Brown: Thank you, Mr. Speaker. 2640 6 July 2017 Official Hansard Report Bermuda House of Assembly Mr. Speaker, I am introducing t he following Bill for …
Thank you, Minister. The following is in the name of the Minister of Home Affairs. Minister.
FIRST READING
CHARITIES AMENDMENT ACT 2018 Hon. Walton Brown: Thank you, Mr. Speaker. 2640 6 July 2017 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, I am introducing t he following Bill for the first reading so that it may be placed on the Order Paper for the next day of meeting: Charities Amendment Act 2018.
The SpeakerThe SpeakerThank you, Minister. And the last Bill this morning to be introduced is in the name of the Minister of Tourism. Minister. FIRST READING ST. GEORGE’S RESORT ACT 2018 Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for the first reading so …
Thank you, Minister. And the last Bill this morning to be introduced is in the name of the Minister of Tourism. Minister.
FIRST READING
ST. GEORGE’S RESORT ACT 2018
Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for the first reading so that it may be placed on the Order Paper for the next day of m eeting: St. George’s Resort Act 2018. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to a close of Introduction of Bills. OPPOSITION BILLS
The SpeakerThe SpeakerThere are none. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerThere are none. NOTICES OF MOTIONS
The SpeakerThe SpeakerThere are none. ORDERS OF THE DAY
The SpeakerThe SpeakerWe are now on Orders of the Day. The indication is that there will be two items dealt with t oday. The first is [Order] No. 1, which is the Second Reading for the Insurance A mendment Act 2018, in the name of the Minister of Finance. And I understand …
We are now on Orders of the Day. The indication is that there will be two items dealt with t oday. The first is [Order] No. 1, which is the Second Reading for the Insurance A mendment Act 2018, in the name of the Minister of Finance. And I understand that the Minister of Tourism is going to be bringing it for him this morning. Minister.
BILL
SECOND READING
INSURANCE AMENDMENT ACT 2018
Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. Mr. Speaker, it gives me pleasure to present to the House the Bill entitled the Insurance Amendment Act 2018. This Bill seeks to amend the [principal] Act by making a number of changes to introduce and appropriately regulate a new class of innova tive insurers and innovative intermediaries. The new class of innovators would initially operate within an insurance regulatory sandbox prior to any subsequent licensing under the Act. Mr. Speaker, Bermuda has been at the for efront of providing innovative insurance solutions. In recognition of the growing importance of disruptive innovation in the insurance and wider financial indus-try and the critical role that innovation plays in promoting efficiency and competitiveness in the market, the proposed changes seek to provide a regulatory env ironment that both appropriately protects policyholders and allows for the testing of new technologies, innov ative products, services, and delivery mechanisms to a limited number of policyholders. Mr. Speaker, one of the l argest hurdles facing the global insurance sector is the challenge of bring-ing developments to market amid an insurance regulatory landscape that does not always provide the flexibility necessary to accommodate new concepts at the same speed as the technol ogy develops. The Bill will assist Bermuda in advancing its FinTech ambitions, ensuring that we remain a centre of insurance innov ation by providing the opportunity for new and existing companies to create and perfect innovative InsurTech products here in Bermuda. Mr. Speaker, the term “ FinTech” has been described as “ technologically enabled financial innovation that could result in new business models, appl ications , processes , or products with an associated material effect on financial markets and institutions and the provision of financial services . . . ,” according to the International Association of Insurance Superv isors [IAIS] 2017 “ FinTech Developments in the Insurance Industry ” report. Mr. Speaker, FinTech covers a broad array of technical innovations that are finding their way into the financial industries. InsurTech is the insurance- specific branch of FinTech that refers to the variety of emerging technologies and innovative bus iness models that have the potential to transform the insurance busines s. Mr. Speaker, by way of background, the International Association of Insurance Supervisors repor ted that there were at least eight main types of innov ations that fall within the scope of InsurTech: 1. Digital Platforms; 2. Internet of Things; 3. Telematics and Telemetry; 4. Big Data and D ata Analytics; 5. Comparators and Robo advisors, online services that provide automated algorithm -based product comparison and advice without hu-man intervention; 6. Machine Learning and A rtificial Intelligence; 7. Distributed Ledger Technology —blockchain and smart contracts; and 8. Peer-to-peer, Usage Based and/or OnDemand Insurance.
Bermuda House of Assembly Indeed, the IAIS report stated that “insurance . . . is viewed as the next great opportunity for inves tment” in technology. In support of that assessment, the CB H ighlights 2018 FinTech Trends Report stated that over $8 billion has been invested in InsurTech since 2012, of which a total of $724 million was i nvested in InsurTech in the first quarter of 2018, according to data published by the same group. Mr. Speaker , the IAIS report also went on to say that “the regulatory perimeter may need to be r eassessed to ensure that consumers are adequately protected, and that regulators continue to have the ability to monitor market trends.” Mr. Speaker, in order to effecti vely discharge its duties in this regard under the Act, the Bermuda Monetary Authority [“the Authority”] requires appropr iate powers. It is with this in mind that the amendments presented today are proposed. Specifically, the follo wing proposals are made: The Bill seeks to introduce new classes of innovative insurers and innovative i nsurance managers, brokers , and agents as follows: • The term “ Class IGB ” is defined to mean an insurer carrying on general business in an i nnovative or experimental manner. • The t erm “ Class ILT ” is defined to mean an insurer carrying on long- term insurance in an innovative and experimental manner. • The term “IA” is defined to mean an insurance agent carrying on the business of an insurance agent in an innovative or experimental manner. • The term “IB” is defined to mean an insurance broker carrying on the business of an insurance broker in an innovative and experimental manner. • The term “IM” is defined to mean an insurance manager carrying on the business of an i nsurance manager in an innovative and experimental manner. The Bill seeks to provide policy authority to adjust the licensing requirements of an innovative i nsurer where the requirements ordinarily applicable to an innovative insurer are inappropriate, given the i nnovative insurer’s risk profile. The Bill seeks to provide the Authority with a general power to take any action necessary to protect the public or policyholders or po-tential policyholders of innovative insurers or interm ediaries. The Bill seeks to impose a requirement on innovative insurers to be liable to civil penalty where they do not comply with obligations imposed to file financial statements or returns with the Authority. The Bill seeks to exclude innovative insurers who have a right to appeal any decisions of the Authority taken with respect to any aspect of the innovative insurers’ or intermediaries’ innovative insurance business. The Bill seeks to make provision for cons equential amendments to be made to the Fourth Schedule to the Bermuda Monetary Authority Ac t 1969 to impose, amongst other things, registration and annual fee requirements on innovative insurers of $6,180; and innovative intermediaries, $1,449; and to the Insurance Accounts Regulations 1980 to impose certain obligations on innovative insurers wh en filing annual statutory financial statements; and to the I nsurance Returns and Solvency Regulations 1980 to make provision for certain requirements thereunder to apply to innovative insurers. Mr. Speaker, while the innovative insurer registration and annual fees were set at the same level as that of the registration and annual fees for special purpose insurers, the registration and annual fees for innovative intermediaries remain unchanged. Mr. Speaker, while additional details about the application pr ocess can be found in the Authority’s consultation paper entitled Insurance Regulatory Sandbox, it is also important to note that the persons registered in the sandbox will be required to comply with provisions of law pertaining to the Proceeds of Crime fr amework, given that the relevant insurers and intermediaries are defined by reference to the type of business, as opposed to the licensing classifications. There were no amendments required to the Proceeds of Crime framework, accordingly. Mr. Speaker, as I have previously stated, the House is advised that, given the nature of the bus iness, innovative insurers and innovative intermediaries will be excluded from having the right of appeal under Part VIIIA of the [principal] Act. Further to the above, Mr. Speaker, the sandbox will also be avail able to licensees, as in the case of new applicants. E xisting insurers will be required to register a separate entity, accordingly. Mr. Speaker, in parallel with the introduction of the sandbox, the Authority will estab lish an innov ation hub to promote broader dialogue on innovative insurance solutions with all market participants, i ncluding those conducting activities that are not directly regulated by the Authority. Mr. Speaker, the sandbox and innovation hub is an expansion of the field for di gital asset business, thus demonstrating Bermuda’s commitment to facilitating FinTech innovation. Mr. Speaker, it is the duty of the Authority to keep under review the operation of the Act and deve lopments in the field of insuranc e which appear to it to be relevant to the performance of its function, the exercise of its powers, and the discharge of its duties. Accordingly, the House is advised that the Authority formed a task force comprising representatives of the Authority, the i nsurance sector, the audit sector, local entrepreneurs, and the BDA [Bermuda Business D evelopment Agency] to develop this proposal. Sandbox models operating in Singapore and the UK were also reviewed as part of the policy deve lopment process. In addition, the consultation paper was published on the Authority’s website for the wider public to consider, as per its normal custom and prac-tice. Given that the consultation paper also included a draft Bill, together with a detailed description of the 2642 6 July 2017 Official Hansard Report
Bermuda House of Assembly application process and the number of use cases, there were no issues raised during the consultation process. Mr. Speaker, the Bill represents a collabor ative effort between the Authority and various industry stakeholders. Accordingly, I would like to thank all of those persons within the Bermuda Monetary Authority, the Attorney General’s Chambers, the Ministry of F inance, and the private sector who have assisted with the development of this Bill. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any ot her Member wish to speak? We recognise the Honourable Leader of the Opposition. Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I think, Mr. Speaker, we have to, obviously, acknowledge the fact that the Government has gone a …
Thank you, Minister. Does any ot her Member wish to speak? We recognise the Honourable Leader of the Opposition. Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I think, Mr. Speaker, we have to, obviously, acknowledge the fact that the Government has gone a long way to have consultation with the various stak eholders, whether it be ABIC, ABIR. And so, from that perspective, the feedback that I have been given is the fact that there is a belief that this will go a long way to come up with sort of the opportunities for companies to, if you will, experiment with some of these innovative products. And I think the feedback that I was being given was the fact that, if you go on the basis that the Bermuda Monetary Authority will be the authority responsibl e for regulating and that the BMA actually has been doing this for a long time, I do not believe that there are many concerns. I think the concerns that I had really related to the fact of, does the BMA have the resources or the bandwidth to manage this? Because the bottom line is, as we know, the BMA has a number of other things that it is doing simultaneously. And so, if we get the type of uptick that we hope will happen, then it is g oing to be important that they can regulate it , because, as the Bill in dicates, this is a sandbox for people to experiment. This is the innovation. The people who are going to come there will be looking at things which are new, which we obviously want. But also, when you look at something that is untried and untested, som etimes these things do not have the desired result. And sometimes, something occurs which makes people determine that they should be withdrawn from, or not allowed to go into, the open market. And I am understanding that —
The SpeakerThe SpeakerAh! Ah! Continue on, Member. [Inaudible interjection] Hon. Jeanne J. Atherden: Okay. I am understanding that there is also the concern that not only will there be the question about, will the BMA have the resources and the bandwidth to manage this, but I know in the past w hen …
Ah! Ah! Continue on, Member. [Inaudible interjection]
Hon. Jeanne J. Atherden: Okay. I am understanding that there is also the concern that not only will there be the question about, will the BMA have the resources and the bandwidth to manage this, but I know in the past w hen the BMA has taken on other functions, sometimes that has r esulted in an increase in fees. So, we want to make sure as to whether the requirement to provide the oversight, which is going to take more people, which is asking the question about whether they have the bandwidth, whether that is going to result in a raising of further fees. Because I think there is a concern about the level of fees that is here in Bermuda. I think with respect to the Minister’s [brief], I just wondered if the Minister can gi ve us any indic ation of what the Government would hope to be as it relates to the uptick of how many people will take advantage of this? And the reason I say this is because I know that in discussing this with people who are in the industry and talking about what might occur, there was a clear understanding that there are people out there, established businesses, which are actually coming up with insurance products that are looking at things which are innovative. And some of the more traditional companies w ould experiment with these products within their own establishment, if you will, [and] they would not actually go out and register as new companies and register them as these new companies. And so, I want to understand, you know, what the Government feels will be with respect to the numbers of people taking it up. Last, but not least, I just wanted to say that we on this side understand that the Government is trying to establish and diversify the industry. And, therefore, I know that at one stage, there us ed to be an Insurance Admissions Committee. And I am presuming that this is almost like the extension in terms of, i nstead of doing what used to be done in terms of an Insurance Admission Committee that would look at new products, then this is the new vers ion of it, that you recognise that it is a new industry. You need to regulate and to take care of it. And you wanted to make sure that people are not harmed. And I am mindful, and obviously we compl iment the Government on, if you will, making sure that depending on the product will determine which types of people can utilise the product. Because some types of products need more informed types of clients. Ot hers, you can have it much more general. So that, with that, I want to say that we appreciate the fac t that this, once again . . . once again, I think it demonstrates that Bermuda has been open for innovation for a long time. This is how we went from being the fishing i ndustry to the tourism industry to the insurance industry, because we have been open for innovation for some time. And we are recognising that the Gover nment continues to, because of the reputation and the BMA, we are able to continue doing this. And we look forward to seeing how this gets rolled out. And we look forward to some responses wi th respect to the resources and how it can be utilised. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Bermuda House of Assembly Does any other Member wish to speak? I recognise the Honourable Member Simons. You have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Mr. Speaker, what comes to my mind is whether this was industry driven or whether it was driven by the regulators. And I am asking because, you know, we have a very strong reinsurance and i nsurance community. And they, basically, define the products and lines …
Thank you, Mr. Speaker. Mr. Speaker, what comes to my mind is whether this was industry driven or whether it was driven by the regulators. And I am asking because, you know, we have a very strong reinsurance and i nsurance community. And they, basically, define the products and lines of business that they want to un-derwrite. As you know, our industry underwrites pro perty, casualty, aviation, D&O [directors and officers] . They do CAT bonds. They do sureties. They do m arine. They have recently basically gotten inv olved in the ILS [insurance- linked securities] industry. I am saying this because the insurance industry and insurance services and products evolved with industries. So, my question to the Minister is, I am of the opinion, and he can guide me, . . . I am of the opinion that the existing companies, if they feel that this is an industry that they would like to get into, then they will pursue, provide the resources and manpower, and train their people on the industry. So, can a regular Class A insurer or regular XL, Catlin, BF&M, Argus get into this insurance wit hout changing their licence, because they are following the trends and they see investment opportunities in that arena? And so, my question is, Was this driven by the BMA because they are not equippe d to deal with this new industry? Or is this something that the industry is asking for? And, as I said, can the regular insurers underwrite this business, train their brokers, train their underwriters on this new line of business and not be required to hav e a special licence to play in this sandbox, or in this space? Because, as I said, insurance products develop and follow the industries. And if this is a viable industry, then there is no need to change the licences of the regular insurance carriers or rei nsurance carriers to accommodate this business. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? I recognise the Honourable Member GordonPamplin. You have the floor.
Mrs. Patricia J. G ordon -PamplinThank you. Thank you, Mr. Speaker. Mr. Speaker, I should first commence by declaring an interest in that I have just recently retired from working in the insurance industry for a significant period of time.
Mrs. Patri cia J. Gordon -PamplinHowever, just a couple of questions that I have. I note that the innov a-tive insurer paid- up capital that is being required, it is $120,000. And according to the ministerial brief, and obviously the information that we have had histor ically from the Ministerial Statement that was read in …
However, just a couple of questions that I have. I note that the innov a-tive insurer paid- up capital that is being required, it is $120,000. And according to the ministerial brief, and obviously the information that we have had histor ically from the Ministerial Statement that was read in this Honourable House on this topic, the question is that, by the nature of this innovative insurer, we are talking about speculative- type businesses that perhaps have not been tried and tested, that c ompanies need to test it out. So, $120,000 of paid- up share capital, which in and of itself, the purpose of having paid- up capital and assets of an insurance company, or any compa-ny, is to protect the policyholders. Is $120,000 deemed to be a significant number for paid- up cap ital? Or what additional capitalisation is likely to be r equired in order to have true benefit and protection of policyholders if you are dealing in something that is untried and untested? The other question that I have is, I guess, probably just a further [point] on from what both my Leader, as well as my honourable colleague, had ind icated. And that is with respect to existing companies wanting to expand their offerings. Will an existing company be required to have a new incorporati on for a product to operate in this new sandbox space? Or will they be able to incorporate it in what they presently offer? And how will that impact or enhance any r equirements for existing share capital for companies to make sure that if . . . I mean, if they have to have a different company, then fair enough. I certainly understand that, a different incorporation. But I think it probably needs to be made clear, because we do not want to have a mixing, a commingling, as it were, of som ething that is untrie d and untested coming into an exis ting corporate structure, which may help to undermine the benefit or the security that the existing policyhol ders have if a company chose to be more speculative. So, if they are going to operate in this new sandbox space, would it be a requirement for them to have a new corporate entity? Or would they be able to commingle it with the existing entity? Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? No other Member. Minister . Hon. Jamahl S. Simmons: Thank you, Mr. Speaker, and I appreciate the Opposition for their support of this. I think that we are very, very proud and pleased with the progress that Bermuda has made …
Thank you, Member. Does any other Member wish to speak? No other Member. Minister .
Hon. Jamahl S. Simmons: Thank you, Mr. Speaker, and I appreciate the Opposition for their support of this. I think that we are very, very proud and pleased with the progress that Bermuda has made in this space. Governments often are criticised for moving slowly. And this was a space where the Premier and the Minister of National Security recognised the need for efficient, safe, and smart speed. Just to answer some of the questions, in reference to the BMA, they have assured us that they do 2644 6 July 2017 Official Hansard Report
Bermuda House of Assembly have the cap acity. They have established a FinTech leader and an Innovation Working Group within that body to ensure that they are keeping abreast of things. In terms of the fees, it was mentioned, specif ically to the sandbox, that there are a set of fees. I will just reread this part, Mr. Speaker, with your indu lgence. We will be making consequential amendments to the Fourth Schedule of the Bermuda Monetary Act to impose, among other things, registration and annual fee requirements on innovative insurers of $6,180, and on innovative intermediaries of $1,449. And to the Insurance Accounts Regulations, we i mpose obligations and filing statutory financial stat ements. So that, I think, covers the fees aspects. The graduates of the sandbox will be the ones who will be abl e to take advantage of these applicable fees. (What else do we have?) Existing insurers have to file and create a separate entity to get into the sandbox and take advantage of this. And part of that is, basically, to avoid contagion as we try and build t his thing forward.
[Inaudible interjection]
Hon. Jamahl S. Simmons: Sorry? [Inaudible interjection]
Hon. Jamahl S. Simmons: Yep. Mm -hmm. That is correct. Okay. And with that, I believe I have a nswered all of the questions. I move that we go to Commi ttee, Mr. Speaker.
The SpeakerThe SpeakerThank you. Mr. Deputy, would you like assume the seat? House in Committee at 11:30 am [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL INSURANCE AMENDMENT ACT 2018
The ChairmanChairmanHonourable Members, we are no w in Committee of the whole [House] for further consider ation of the Bill entitled Insurance Amendment Act 2018. Minister, you have the floor. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. I move clauses 1 through 4. Mr. Chairman, clause 1 provides a citation …
Honourable Members, we are no w in Committee of the whole [House] for further consider ation of the Bill entitled Insurance Amendment Act 2018. Minister, you have the floor.
Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. I move clauses 1 through 4. Mr. Chairman, clause 1 provides a citation for the Bill. Clause 2 amends section 1 of the principal Act, Interpretation. It provides for new definitions relat-ing to new classes of insurers that include “innovative insurers,” which may carry on general or long- term “innovative insurance business”; and “[insurance] i ntermediaries,” which are to carry on the business of an insurance manager, agent, or broker in an innovative, new, or technological manner not contemplated by the market at the time of registration. Clause 3 amends section 4 of the principal Act, Registration as insurer, to provide for the registr ation of innovative insurers. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Pat Gordon- Pamplin.
Mrs. Patricia J. Gordon -Pam plinThank you, Mr. Chairman. Mr. Chairman, I do not wish to be pedantic about this, but I am just going to focus on . . . sorry. Which clauses did you move?
Some Hon. Members Some Hon. MembersClauses 1 through 4.
Mrs. Patricia J. Gordon -PamplinSorry.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Susan Jackson.
Ms. Susan E. JacksonThank you, Mr. Chairman. My question is, Have we defined what “ innovative and experimental ” are?
The ChairmanChairmanMm-hmm. Hon. Jamahl S. Simmons: Okay. Just as a reminder to Honourable Members, the Bill creates several new classes of innovative insurers and innovative insurance managers, brokers, and agents. Class IGB, an insurer carrying on general business in an innovative, experimental manner; Class I LT, insurer carrying on long-term insurance …
Mm-hmm.
Hon. Jamahl S. Simmons: Okay. Just as a reminder to Honourable Members, the Bill creates several new classes of innovative insurers and innovative insurance managers, brokers, and agents. Class IGB, an insurer carrying on general business in an innovative, experimental manner; Class I LT, insurer carrying on long-term insurance in an innovative or experimental manner; term IA, an insurance agent carrying on the business of an insurance agent in an innovative and experimental manner; [term] IB, an insurance broker carrying on the busines s of an insurance broker in an innovative, experimental manner; term IM, an insu rance manager carrying on the business of an insur-ance manager in an innovative or experimental man-ner.
The ChairmanChairmanThe Chair recognises the Honourable Member Hadley Cole Si mons.
Mr. N. H. Cole SimonsJust for further clarity, you say innovative insurance business means insurance business approved by the Authority to be carried on by a registered innovative insurer in an innovative or experimental manner. Can you give us an example of Bermuda House of Assembly that type of insurance that you are speaking …
The ChairmanChairmanAny further speakers? Minister, you have the floor. Hon. Jamahl S. Simmons: And I am actually getting an example for the Honourable Member, but for the edificat ion, through the consultation process, “ innov ative” was defined as unique, outside of the box, has not been in existence in the …
Any further speakers? Minister, you have the floor. Hon. Jamahl S. Simmons: And I am actually getting an example for the Honourable Member, but for the edificat ion, through the consultation process, “ innov ative” was defined as unique, outside of the box, has not been in existence in the industry previously. So that covers that. But we will get you examples in a moment.
The ChairmanChairmanAny further speakers? There appear to be none. Minister. Hon. Jamahl S. Simmons: I move that clauses 1 through 3 be accepted. The Clerk: Clauses 1 through 4.
The ChairmanChairmanClauses 1 through 4? Hon. Jamahl S. Simmons: Sorry. Clauses 1 through 4.
The ChairmanChairmanIt has been moved t hat clauses 1 through 4 be approved. Are there any objections? Agreed to. Hon. Jamahl S. Simmons: I am sorry, Mr. Chairman. It is actually 1 through 3. I did not do 4.
The ChairmanChairmanOkay. Hon. Jamahl S. Simmons: I move that clauses 1 through 3 be accepted.
The ChairmanChairmanOkay. You moved clauses 1 through 4 when you first got up. Hon. Jamahl S. Simmons: Let me go to clause 4 then, if you do not mind, Mr. Chairman. Excuse me. Clause 4 inserts two new sections after section 4EF. The proposed section set s down registration provisions for …
Okay. You moved clauses 1 through 4 when you first got up.
Hon. Jamahl S. Simmons: Let me go to clause 4 then, if you do not mind, Mr. Chairman. Excuse me. Clause 4 inserts two new sections after section 4EF. The proposed section set s down registration provisions for a Class IGB insurer. New section 4EG provides that a body corporate may be registered as a Class IGB insurer where that body corporate intends, at the time of its application for registration, to carry on general business in an innovative or experimental manner. Mr. Chairman, the new section 4EH sets down the registration provisions for a Class ILT insur-er. New section 4EH provides that a body corporate may be registered as a Class ILT insurer where that body corporate intends, at the time of its application for registration, to carry on long- term business in an innovative or experimental manner. Thank you, Mr. Chairman.
The ChairmanChairmanAny speakers to clause 4? There appear to be none. Hon. Jamahl S. Simmons: I now move clauses 1 through 4.
The ChairmanChairmanIt has been moved that clauses 1 through 4 be approved. Are there any objections? There appear to be none. Agreed to. [Motion carried: Clauses 1 through 4 passed.]
The ChairmanChairmanContinue, Minister. Hon. Jamahl S. S immons: Mr. Chairman, I move clauses 5 through 9.
The ChairmanChairmanContinue. Hon. Jamahl S. Simmons: Mr. Chairman, clause 5 amends section 4F to extend the interpretation of terms under that section to innovative insurers. Clause 6 amends section 5 by inserting a new subsection (3) to provide for additional factors to be considered by the Authority when registering a body …
Continue. Hon. Jamahl S. Simmons: Mr. Chairman, clause 5 amends section 4F to extend the interpretation of terms under that section to innovative insurers. Clause 6 amends section 5 by inserting a new subsection (3) to provide for additional factors to be considered by the Authority when registering a body corporate as a Class IGB or ILT insurer. Clause 7 amends section 6 by imposing upon innovative insurers the criteria under that section r elating to further registration requirements that may be considered necessary to impose by the Authority prior to registering an innovative insurer. Mr. Chairman, clause 8 amends section 6A by giving the Authority a power to make prudential standard rules to be complied with by innovative i nsurers and innovative intermediaries. Mr. Chairman, clause 9 amends section 6C(1) and (5) to make provision for an application to be submitted by innovative insurers or innovative intermediaries (or the Authority on its own volition, where required) to exempt or modify any prudential standard requirements imposed on such persons. Thank you, Mr. Chairman.
The ChairmanChairmanAny speakers to clauses 5 through 9? The Chair recognises the Honourable Member Pat Gordon- Pamplin.
Mrs. Patricia J. Gordon -PamplinThank you. Thank you, Mr. Chairman. Mr. Chairman, just for clarity, when we were in the debate of the whole, the Minister indicated that, with the BMA, they had actually established a FinTech Department and it had a specifi c leader available in 2646 6 July 2017 Official Hansard Report …
Thank you. Thank you, Mr. Chairman. Mr. Chairman, just for clarity, when we were in the debate of the whole, the Minister indicated that, with the BMA, they had actually established a FinTech Department and it had a specifi c leader available in 2646 6 July 2017 Official Hansard Report
Bermuda House of Assembly that space. However, my understanding of what is provided here for innovative insurer can extend outside of FinTech. So, the idea of [the] sandbox being something that is not necessarily just FinTech, but could be something that is di fferent . . . so, the question is, How is the structuring of the staffing to monitor and control this from the BMA being satisfied by an industry that might be outside of the FinTech, but yet, be incorporated within the experimental and innov ative manner t hat is being provided for in the legisl ation?
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Leader of the Opposition. Hon. Jeanne J. Atherden: And I just want to echo what my colleague has said, because I think it also ties int o what one of our previous colleagues asked in terms of, what is innovative? And this …
Any further speakers? The Chair recognises the Honourable Leader of the Opposition. Hon. Jeanne J. Atherden: And I just want to echo what my colleague has said, because I think it also ties int o what one of our previous colleagues asked in terms of, what is innovative? And this section actually starts to talk about using new or different technologies or innovative measures. So, at least one gets a rough idea of how you determine what is innovati ve. But I do think it is very important, when I asked earlier about whether it had the bandwidth and the capacity to understand, especially now that we know that it is not just FinTech; it is insurance, and that is a whole range of other things.
The Chair man: Any further speakers? Minister, you have the floor. Hon. Jamahl S. Simmons: Just to reiterate, the BMA has assured us that they do have the bandwidth. They have established an innovative committee and a FinTech leader to manage the spot. And I think that we are aware that this is a growing and innovative space. And we are prepared to work with them to ensure that any nimbleness or resources that they need to do their job are provided. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? Minister. Hon. Jamahl S. Simmons: Mr. Chairman, I move that clauses 5 through 9 be accepted.
The ChairmanChairmanIt has been moved that clauses 5 through 9 be approved. Are there any objections to that? There appear to be none. Agreed to. [Motion carried: Clauses 5 through 9 passed.] Hon. Jamahl S. Simmons: Mr. Chairman, I move clauses 10 through 14.
The ChairmanChairmanContinue. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Clause 10 inserts new sections 6E and 6F. The new section 6E gives the Authority power to a djust the registration requirements of an innovative i nsurer as it considers appropriate. The Authority is r equired to give notice prior to …
Continue. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Clause 10 inserts new sections 6E and 6F. The new section 6E gives the Authority power to a djust the registration requirements of an innovative i nsurer as it considers appropriate. The Authority is r equired to give notice prior to making any such adjus tments, giving its reasons therefor . An innovative i nsurer will have 14 days from the date of the notice to make written representations to the Authority. Where such representations have been made, the Authority is required to take them into account. The Authority is also required to notify the innovative insurers of the adjustments it has made. New section 6F provides the Authority with a general power to take any action necessary to protect the public, policyholders, or potential policyholders of innovative insurers or innovative intermediaries. The Authority is required to give notice prior t o making any such adjustments, giving its reasons therefor. An i nnovative insurer and/or an innovative intermediary will have 14 days from the date of the notice to make wri tten representation to the Authority. Where such repr esentations have been made, the Authority is required to take them into account. The Authority is also r equired to notify the innovative insurer and/or the inn ovative intermediary of the adjustments it has made. Clause 11 amends section 7 of the Act to i mpose a requirement upon innovat ive insurers to have paid up share capital of $120,000. Mr. Chairman, clause 12 amends section 8B of the Act to require Class IGB insurers to appoint an approved loss reserve specialist when directed by the Authority. Mr. Chairman, clause 13 amends section 13 of the [principal] Act by inserting a new subsection (2A) to provide that the registration of an innovative insurer or innovative intermediary shall be for such period as the Authority may determine, and to provide for the extension of such period of r egistration on d etermination by the Authority or on application by the innovative insurer or innovative intermediary. Mr. Chairman, clause 14 amends section 14(1)( ab)(i) of the [principal] Act to impose a requir ement for the payment of fees on applications made under section 10(1) providing for the registration of insurance managers and intermediaries, and under section 13(2A)(b)(ii) providing for the application for extension of registration of innovative insurers or i nnovative intermediaries as set out in the discussion above, clause 13. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. The Chair recognises the Honourable Member Pat Gordon- Pamplin.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Chairman. Mr. Chairman, I am going to clause 11 on page 5. And that is with respect to the share capital Bermuda House of Assembly required for the innovative insurer —a concern that I raised during the regular debate. And the question is that, given the premise …
Thank you, Mr. Chairman. Mr. Chairman, I am going to clause 11 on page 5. And that is with respect to the share capital
Bermuda House of Assembly required for the innovative insurer —a concern that I raised during the regular debate. And the question is that, given the premise the sandbox is speculative, innovative, something new, not tried and tested, but on the other hand, you still want to protect your pol icyholders . . . as a basic Class A insurer, you have $120,000 share capital. But your Bs, Cs, Ds, and Es are required to have $250,000. It would seem to me that something that is being speculative, that you do not know what is likely to come out of it, if you are really considering protec ting the policyholders it would seem that a slightly higher threshold for share capital would be appropr iate. And it would seem to me that, because of the uncertain nature of this —you know, it is innovative, it is not tried and tested—it would seem to me that to have the share capital of something in this nature to at least be equivalent to the $250,000, which is required by your B, C, D, and E classes of i nsurer might be a little bit more comforting to a policyholder. And I just wondered whether there is any particular reason to stick to the $120,000, which seems to be paltry by comparison to what it is required to do.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Hadley Cole Simons. You have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Chairman. While on the same topic, the capital, I was wondering if the Minister had considered having some evidence of D&O [directors and officers] coverage or some type of capital requirements for the insurance agent, broker, or manager, because any negligence or professional improprieties should be covered, …
Thank you, Mr. Chairman. While on the same topic, the capital, I was wondering if the Minister had considered having some evidence of D&O [directors and officers] coverage or some type of capital requirements for the insurance agent, broker, or manager, because any negligence or professional improprieties should be covered, and a client should also be protected. And there is no real capital or requirement to protect the insured from malfeasance or negligence in regard to the agents, br okers, or managers. So, has the Minister considered requiring some evidence of D&O insurance or a capital r equirement for the intermediaries, brokers, and other players in that space? Because the risk is still pert inent to them, as well.
The ChairmanChairmanAny further speakers? The Chair recognises the Leader of the O pposition. Ms. Atherden, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Chairman. And I guess, along with respect to clause 10, talking about how the Authority may adjust registration requirements, et cetera, of innovative insurers, I …
Any further speakers? The Chair recognises the Leader of the O pposition. Ms. Atherden, you have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Chairman. And I guess, along with respect to clause 10, talking about how the Authority may adjust registration requirements, et cetera, of innovative insurers, I guess when you start looking at the types of things that they might adjust in terms of new section [ 6E](5), gover nance, capital, and risk management requirements, et cetera, are inappropriate. It just draws me back to an earlier clause, which talks about the regulator taking into consideration the sophistication of policyholders and service providers. It just makes one wonder how this new committee is going to determine the sophist ication, or lack of, of persons whom they are going to offer the products to. Because then they have to use those decisions to determine whether to allow them to do it or to make sure that the risk profile is sufficient. So I just wondered whether the Minister could indicate to us what types of considerations are taken. Would the Ministry look at it with respect to polic yholders and also things that might cause them to make modifications to their l icences, et cetera?
The ChairmanChairmanAny further speakers? Minister, you have the floor. Hon. Jamahl S. Simmons: Yes. Just to go back to the first question raised by my honourable colleague, Mr. Hadley Cole Simons (that is a new one, Mr. Chairman). [Laughter]
The ChairmanChairmanYes, yes. Hon. Jamahl S. Simmons: The $120,000 share cap ital aspect is one requirement to register for the san dbox. But the BMA has the power to provide a higher threshold, as appropriate, under section 6A of the [principal] Act. [Inaudible interjection] Hon. Jamahl S. Simmons: That was your …
Yes, yes. Hon. Jamahl S. Simmons: The $120,000 share cap ital aspect is one requirement to register for the san dbox. But the BMA has the power to provide a higher threshold, as appropriate, under section 6A of the [principal] Act.
[Inaudible interjection]
Hon. Jamahl S. Simmons: That was your question?
[Inaudible interjection]
Hon. Jamahl S. Simmons: It was not? I was distrac ted by the new name that has been shared today. [Laughter]
The ChairmanChairmanHe has had that name since b irth. Hon. Jamahl S. Simmons: Let us see. Where are we going here? Some Hon. Member s: And Nelson. [Inaudible interjections] Hon. Jamahl S. Simmons: Where do you get all these names from?
The ChairmanChairmanOne is from his grandfather, who was a Burgess. Hon. Jamahl S. Simmons: Oh. Okay. 2648 6 July 2017 Official Hansard Report Bermuda House of Assembly [Inaudible interjections and laughter ] Hon. Jamahl S. Simmons: During the sandbox per iod, the . . . I am sorry. My note from …
One is from his grandfather, who was a Burgess. Hon. Jamahl S. Simmons: Oh. Okay.
2648 6 July 2017 Official Hansard Report
Bermuda House of Assembly [Inaudible interjections and laughter ]
Hon. Jamahl S. Simmons: During the sandbox per iod, the . . . I am sorry. My note from the BMA is . . . I am having a little trouble here, Mr. Chairman. I will get you the answer t o this. But I will say this, that the suggestions that have been made we will take under advisement. And I will get the actual answers to some of these issues that I cannot get clarity on at this second to you in the next session, if that is appropriate. I f that is okay with the Opposition? Okay. Thank you, Mr. Chairman. I move that clauses 10 through 14 be approved.
The ChairmanChairmanClauses 10 to 14 have been moved. Any objections to that? There appear to be none. Approved. [Motion carried: Clauses 10 t hrough 14 passed.] Hon. Jamahl S. Simmons: Mr. Chairman, I move clauses 15 through 22.
The ChairmanChairmanContinue. Hon. Jamahl S. Simmons: Mr. Chairman, clause 15 amends the principal Act in section 17(4)(b) to impose upon an innovative insurer a requirement under that section for the keeping and filing of statutory financial statements. Mr. Chairman, clause 16 amends section 18A(2)(b) of the principal Act to impose a …
Continue.
Hon. Jamahl S. Simmons: Mr. Chairman, clause 15 amends the principal Act in section 17(4)(b) to impose upon an innovative insurer a requirement under that section for the keeping and filing of statutory financial statements. Mr. Chairman, clause 16 amends section 18A(2)(b) of the principal Act to impose a requirement on innovative insurers to be liable to a civil penalty of $1,000 for each week or part of a week that they do not comply with obligations imposed to file financial statements or returns with the Authority. Mr. Chairman, clause 17 amends section 18C to require innovative insurers to keep records of account in Bermuda. Mr. Chairman, clause 18 amends section 26(1) to require innovative insurers carrying on long-term business to appoint an approved actuary. Mr. Chairman, clause 19 amends section 27(1) to require innovative insurers to include a certif icate prepared by its approved actu ary relating to the amount of the outstanding liabilities relating to its longterm business in its statutory financial return submi tted to the Authority. Mr. Chairman, clause 20 amends section 31C to require innovative insurers to apply to the Authority for its approval where such insurers need to reduce total statutory capital by 15 per cent or more. Clause 21 amends the Act in section 44A(1) to exclude innovative insurers and innovative interm ediaries from having the right of appeal under Part VIIIA of the Act. Mr. Chairman clause 22 provides for the Schedule to have effect for the purpose of consequen-tial amendments as follows: to amend the Bermuda Monetary Authority Act 1969 to impose, amongst ot her things, registration and annual fee requirements on innovative insurers and intermediaries; to amend the Insurance Accounts Regulations 1980 to impose spec ified obligations on innovative insurers when filing annual statutory financial statements; and to amend the Insurance Returns and Solvency Regulations 1980 to cause specified requirements under the regulations to apply to innovative insurers. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member Pat Gordon- Pamplin.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Chairman. Mr. Chairman, just a question. And I am not 100 per cent certain whether I am dealing with . . . I think it is clause 15, in which accounting records are required to be maintained in Bermuda. The question is whether the companies so designated …
Thank you, Mr. Chairman. Mr. Chairman, just a question. And I am not 100 per cent certain whether I am dealing with . . . I think it is clause 15, in which accounting records are required to be maintained in Bermuda. The question is whether the companies so designated would also be required to have a physical presence in Bermuda.
Hon. Jamahl S. Simmons: Yes.
The ChairmanChairmanMinister, you can . . . Hon. Jamahl S. Simmons: Sorry, Mr. Chairman. In my eagerness, I jumped the gun. I move that clauses 15 through 2 2 now be approved.
The ChairmanChairmanIt has been moved that clauses 15 through 22 be approved. Are there any objections to that? There appear to be none. Agreed to. [Motion carried: Clauses 15 through 22 passed.] Hon. Jamahl S. Simmons: I move that the Bi ll be reported to the House as — [Inaudible interjections]
The ChairmanChairmanYes. You have got to do the Schedule and preamble. Hon. Jamahl S. Simmons: Forgive me. I am in such a hurry to get out of here. I move that the Schedule be now approved. The Chair man: It has been moved that the Schedule be approved. Are there any …
Yes. You have got to do the Schedule and preamble. Hon. Jamahl S. Simmons: Forgive me. I am in such a hurry to get out of here. I move that the Schedule be now approved. The Chair man: It has been moved that the Schedule be approved. Are there any objections to that? There appear to be none. Approved.
Bermuda House of Assembly Hon. Jamahl S. Simmons: I move that the Bill be reported to the House as printed or amended.
The ChairmanChairmanYou have got to move the preamble. Hon. Jamahl S. Simmons: Oh, my goodness. This is terrible. I move that the preamble be approved.
The ChairmanChairmanIt has been moved that the preamble be approved. Are there any objections to that? There appear to be none. Hon. Jamahl S. Simm ons: I move that the Bill be reported to the House as printed or amended.
The ChairmanChairmanIt has been moved that the Bill be reported to the House. Are there any objections to that? There appear to be none. Agreed to. [Motion carried: The Insurance Amend ment Act 2018 was considered by a Committee of the whole House and passed without amendment.] House resumed at 11:51 …
It has been moved that the Bill be reported to the House. Are there any objections to that? There appear to be none. Agreed to. [Motion carried: The Insurance Amend ment Act 2018 was considered by a Committee of the whole House and passed without amendment.]
House resumed at 11:51 am
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
INSURANCE AMENDMENT ACT 2018
The SpeakerThe SpeakerMembers, are there any objections to the reporting from the Committee the Bill entitled the Insurance Amendment Act 2018? No objections. So moved. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITORS
The SpeakerThe SpeakerBefore we move on to that, that brings us to a close of [Order] N o. 1 on the Order Paper t oday. Before we move on to [Order] No. 2, I would just like to recognise in the Gallery, I believe it is the Girl Scouts, Girl Guides from …
Before we move on to that, that brings us to a close of [Order] N o. 1 on the Order Paper t oday. Before we move on to [Order] No. 2, I would just like to recognise in the Gallery, I believe it is the Girl Scouts, Girl Guides from the Somerset Troop under the leadership of Mrs . Richards . Welcome to our Chamber this morning. I trust that you will enjoy your visit here.
[Inaudible interjection]
The SpeakerThe SpeakerYes. Now we will move on to [Order] No. 2 on the Order Paper. Order No. 2 is the second reading of the Road Traffic (Road Sobriety Chec kpoints ) Amendment Act 2018, i n the name of the Honourable Minister of Transportation and Regulatory Affairs. Honourable Minister, Deputy Premier, …
Yes. Now we will move on to [Order] No. 2 on the Order Paper. Order No. 2 is the second reading of the Road Traffic (Road Sobriety Chec kpoints ) Amendment Act 2018, i n the name of the Honourable Minister of Transportation and Regulatory Affairs. Honourable Minister, Deputy Premier, would you like to take the floor? Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, I move that the Bill entitled the Road Traf fic (Road Sobriety Checkpoints) Amendment Act 2018 be now read a second time.
The SpeakerThe SpeakerContinue, Minister. BILL SECOND READING ROAD TRAFFIC (ROAD SOBRIETY CHECKPOINTS) AMENDMENT ACT 2018 Hon. Walter H. Roban: Thank you, Mr. Speaker. Mr. Speaker, may I also at this point state that there is going to be a minor amendment in Commi ttee.
The SpeakerThe SpeakerOkay. Hon. Walter H. Roban: And those documents have been provided and will be passed to the Members in due course. Okay?
The SpeakerThe SpeakerAcknowledged. Yes. Continue on. Hon. Walter H. Roban: I will say the same thing when the Committee Chairman comes in, as well.
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Mr. Speaker, the purpose of this Bill is to amend the Road Traffic Act 1947 to pr ovide for roads ide sobriety checkpoints and to make consequential amendments in relation to penalties and approved breath analysing equipment. Mr. Speaker, the Bill before the House …
Thank you.
Hon. Walter H. Roban: Mr. Speaker, the purpose of this Bill is to amend the Road Traffic Act 1947 to pr ovide for roads ide sobriety checkpoints and to make consequential amendments in relation to penalties and approved breath analysing equipment. Mr. Speaker, the Bill before the House is the Road Traffic (Road Sobriety Checkpoints) Amend-ment Act 2018, which provides for t he police setting up roadside sobriety checkpoints for the purpose of ascertaining whether a person is driving under the influence of alcohol, through a preliminary test or i mpairment test. To conduct a roadside sobriety checkpoint, a police officer of or above the rank of superintendent must receive written approval from the senior magi strate. The police officer can make a request to set up a checkpoint if there is a reasonable suspicion that incidences involving the consumption of alcohol may take place. This could be at a place such as a bar or club, an event or on holidays —for example, Bermuda Heroes Weekend, Bermuda Rugby Classic or Cup 2650 6 July 2017 Official Hansard Report
Bermuda House of Assembly Match, at which time the proportion of impaired drivers tends to be the highest. A checkpoint may also be conducted i f it is believed it is necessary to reduce the occurrence of persons driving under the influence of alcohol. Mr. Speaker, there are existing provisions in law for the police officers to arrest a person who drives under the influence of alcohol, which incl udes taking the offender to the police station for a breath test to determine whether he or she has an amount of alcohol in his blood that exceeds the legal limits. This amendment adds a preliminary test which saves time and makes the process more efficient. Preliminary testing includes a breath testing device; or an impai rment test, which consists of a police officer admini stering a test of specific tasks and observing a person while they are completing the tasks. The impairment test is not new. Procedural ly, police have properly used the test to determine a person’s physical state for many years. However, the legislation formalises the impairment test as a requirement and creates an offence for non- compliance. Having it in the legislation allows for the of fence of failing the test or refusing to do the test. There is also an amendment to the time r equired between administering the two substantive breath tests. The current provision is 15 minutes. That time frame was standard several years ago. However, current equipment only needs a few minutes to recal ibrate. Mr. Speaker, over the years, there has been much discussion about how roadside sobriety chec kpoints would be managed in Bermuda. Some have expressed concern about checkpoints only being set up in spec ific areas, and the police officers just testing a particular segment of the community. We believe provisions of this Bill address these concerns. A roadside sobriety checkpoint can only be conducted under written authorisation of the senior magistrate. A notice advising the public of the date and parish in which the roadside sobriety checkpoint will occur will be published in the Gazette between five and fifteen days prior to the date of the checkpoint. Mr. Speaker, all vehicles travelling through the roadside sobriety checkpoint will be stopped and checked. I want to repeat that: All vehicles travelling through a roadside sobriety checkpoint will be stopped and checked. That is an important point, I think, for people to understand. Mr. Speaker, this Gover nment committed to implementing roadside sobriety checkpoints and i ncreasing penalties to reduce drunk driving, as part of the Road Safety Strategy. As such, the Bill also i ncludes amendments that streamline drinking- anddriving -related penalties. The penalties for refusing to take a breath test, be it the preliminary or the substan-tive breath test at the police stations, is now the same penalty as driving under the influence. It is known that Island culture around the world includes consumption of alcohol, whether a celebratory event or not. Bermuda is no different. One of the main challenges with this behaviour is that, after consuming a favourite alcohol beverage, or even a few, many choose to ride or drive a vehicle to the next destination— a choice that is not only unlawful, but could potentially result in tragic and life- altering co nsequences. The impact is far reaching. Some of those costs include, Mr. Speaker, human—lives are forever altered by drunk drivers; medical —necessary short - and long- term care for accident victims; property — vehicle and property damage at crash scenes; higher insurance rates —while directly passed on to the offender, a significant portion of the costs are often ind irectly passed on to the general consumers through incremental premium increases; and burden on tax-payers —judicial and administrative costs. Costs of law enforcement and housing in prisons are only a few. The justice system is holding drunk drivers accountable for the damage they do regarding those who are killed or injured on Bermuda’s roads. The monetary liabilities for such incidences can run in the hundreds of thousands of dollars. We want and need to make a change. Simply stated, drinking and driving is unacceptable and will not be tolerated, Mr. Speaker. Mr. Speaker , recently, the practice of drinking and driving was highlighted as one of the critical con-cerns of residents, during the stakeholder consultation for the Green Paper on Transportation. We know that the implementation of roadside sobriety checkpoints is not the cure- all. I repeat: We know it is not the cure - all. But it is a start. Mr. Speaker, we are committed to implementing road safety measures which result in safer roads for all road users. This Bill is just the first step in our strategy. We will have a robust awareness and education programme so that all residents —and I repeat, all residents know what to expect if they come across a road sobriety checkpoint. The Bermuda Police Service will participate in overseas training with the aim of modelling [Berm uda] roadside sobriety checkpoints [after those] in the UK. Road sobriety checkpoints will be conducted once the Bermuda Police Service representatives have completed training and have obtained the required equi pment to set up a road sobriety checkpoint. I take this opportunity to thank the senior magistrate and the representatives of the Attorney General’s Chambers, the Bermuda Police Service, the Transport Control Department, and the Ministry of Transport and Regulatory Affairs, for their efforts with this Bill. Thank you, Mr. Speaker. And I now open the floor for debate on this Bill.
The SpeakerThe SpeakerYes. Thank you, Minister. Does any other Member wish to speak to this? Bermuda House of Assembly We recognise the Honourable Member from constituency 10. Honourable Member Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And I thank the Honourable Minister for the brief and …
Yes. Thank you, Minister. Does any other Member wish to speak to this?
Bermuda House of Assembly We recognise the Honourable Member from constituency 10. Honourable Member Dunkley, you have the floor.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. And I thank the Honourable Minister for the brief and for providing the Opposition with the brief just before the brief was read. Mr. Speaker, the One Bermuda Alliance clearly supports mak ing our roads safer, and we support this initiative. The One Bermuda Alliance clearly su pports education in helping to make our roads safer, and we have supported such initiatives like A Piece of The Rock, Drive for Change, and also the newly announced ini tiative by the Minister and a few colleagues a few days ago, Operation Caution. The One Bermuda Alliance clearly supports enforcement of our laws on the road, and the One Bermuda Alliance supports the Bermuda Police Service in the tremendous responsibility that they have in enforcing the rules of our roads. Mr. Speaker, it is very clear that at any time anyone drives on our roads, they have to be nervous and they have to be concerned. Like many in this Honourable Chamber, I have had the privilege of having a licence for many, many years. I remember my first time getting my Mobylette licence, way back yo nder. I remember going to get my car licence. I reme mber going to get my heavy truck licence and the l icence to drive a fire truck.
The SpeakerThe SpeakerYou did not need a Mobylette licence back then, you know. You just turned 16 and started riding. You and I are the same age, you know! We did not need a Mobylette licence back then! You just turned 16 and started riding. [Laughter] Hon. Michael H. Dunkley: Mr. Speaker, …
You did not need a Mobylette licence back then, you know. You just turned 16 and started riding. You and I are the same age, you know! We did not need a Mobylette licence back then! You just turned 16 and started riding.
[Laughter]
Hon. Michael H. Dunkley: Mr. Speaker, I have never seen anybody rise on a point of order to the Speaker, and I will save that for another time. [Laughter]
Hon. Michael H. Dunkley: But I question your jud gment on that call, Mr. Speaker. Some people did do that. But I was too scared, as they say, of my mother at the time, Mr. Speaker. And so, in all seriousness, every time I get in a vehicle, or the few times that I get on a bike, I am nervous and very cautious about what takes place. And why? Because, too often, our roads are out of control. Just this morning, Mr. Speaker, early, I rose to go to a spinning class. And I pulled out of my driv eway, from which you can see probably 75 or 100 yards to the east and a little bit longer to the west. And I was turning west. I looked east. Of course, I always look west because somebody could be overtaken nowadays; you never know. I looked back east again and pulled out. And before I had even gotten 50 m etres down the road, somebody passed me. You know, I thought it was a meteor just going by earl y in the morning, Mr. Speaker. And it came out of nowhere. I did not even see the lights when I took out. And that is the way people drive nowadays — up hills, around corners, out of driveways. They take it for granted that you will watch out for them. And what is sad about it, Mr. Speaker, is that while many of us are concerned about it, while the Bermuda Police Service do the work that they have to do to try to bring some calm to our roads, many people just take their lives at risk every time they get on a bike or in a vehicle. And it is out of control. The speed limit is rarely paid attention to nowadays. Most of the rules of the road get abused, and people think nothing of it. And so I have no problem . . . I have no problem with the Bermuda Police Serv ice doing what they have to do. And at times, Mr. Speaker, I feel like an Honourable Member on the other side in another place, where the Honourable Member, I believe he was the Minister of National Security at the time, says, You know , I’m tired of the police tiptoeing through the oleanders . Because now, when it comes to the carnage on our roads, we need to make sure that not only do we enforce the rules of the road, but we need to make sure that people understand the challenges that we face when we drive in inconsiderate ways. And I feel sorry for many of our visitors who come to the Island. I feel more comfortable now that they have the ability to drive a Twizy. But I saw a group of individuals on l ivery cycles the other day. And I was very concerned for their safety just at the speed people drive. And so, I am pleased today that now we are going to try to take a bite out of drunk driving. Now, the Honourable Minister did say in the statement that was delivered to the House that, in some islands, there i s a culture about drinking and driving. And, you know, I guess to some extent that is correct. And it is disappointing that it has progressed to the point that people do believe that it is a culture. But, Mr. Speaker, I need to say this now, and I will repeat it a number of times again as we go forward. While we have the ability to enjoy ourselves at any function, at any event, at any bar around Berm uda—and certainly now with the World Cup going on, people are certainly enjoying it as it gets down to the final stages —not only as a community do we have the need to make sure our laws have the teeth in them to hold people accountable, not only do we as legislators need to make sure that there is the educational component to make people have the understanding of those laws that is required, education from early in school to now, continuing, but one thing that is not talked about enough, Mr. Speaker, is that we as ind ividuals have a personal responsibility. 2652 6 July 2017 Official Hansard Report
Bermuda House of Assembly Because there are very few people who go out at night by themselves and drink. Most people meet somebody somewhere. Most people go to a party with people somewhere. Most people go to a function or hang out. At the end of that function, there has to be people to say, No, Dunkley. You cannot get in your car and dr ive! It happens in other places all over the world. I was blessed to have two children who went away to university. And one of my biggest fears was, at that age, you know, 18, 19, 20, 21, 22, you are at university having a good time. And you go to a par-ty. But one of the things that they always did is, if they went out, and women hang together much more than men do. I have to say that; I have seen it. But when the girls went out, there was always somebody who was a designated driver —always. And I always wondered how that designated driver could enjoy themselves at a function as much as everyone else, knowing that, at the end of the night, they might have to have some tough love. They might have to have some tough love in telling people, You’re coming in the car. You’re not staying. You’re riding with us. You’re not riding with somebody else. But we need to have, Mr. Speaker, and this debate today can not only be productive in passing legislation, which I assume everybody approves, but we need to take some personal responsibility as pe ople! To talk to our friends, to talk to our loved ones, to make sure that if they are going to drink, they are not going to drive. So, the culture, the island culture we talked about also has to change, because we have a cultur e as people. When a hurricane hits, everyone is on deck. Everyone checks out for their neighbours. Everyone goes to make sure granny and the seniors in the area are well to do through the storm and after the storm. Why can we not have the same culture as, Look. I know Dunkley was going out tonight to cel ebrate something. Why can’t we check and make sure that he has a good time, but he still gets home? Why do we have to rely on the police to be there to pick up the carnage that we create? As human beings, i t is not good enough. It is not good enough to be of age, to have the ability, to have the privilege to get a licence and then go, enjoy yourself, drink too much, and get on your bike [or] get in your car. It is simply not good enough. Because not only do you lose much of your ability to conduct yourself in an appropriate way, you think you are greater than you are. You think you are Mario Andretti or whoever you are. And you want to go like crazy. We know what it is like. But what you also do is, when you put yourself in harm’s way, you put other people in harm’s way, and you bring pain, suffering, and grief to the people who love you. And so, if nothing else is heard today, I would like the message to go from one end of the Island to the other: Let us hav e some responsibility. Let us have some responsibility as people for what we do. Look out for your brother and sister. And do not just feel cool when you go to a funeral and you mourn what a good guy he was. You let him walk out of the bar. You let him wal k out of your house! You let him put himself in harm’s way. This is directed at no one; it is directed at everyone. No one in particular; it is directed at everyone. I, for one, do not go to sleep well at night if my children are out. Why? Because I am worried about the safety of our roads. I do not feel comfortable knowing taxi drivers are driving at night, because we need them, and anybody can come around the wrong side of the road, think that they are Mario Andretti, get home and, I only had six beers. That is what people say. I only had six –seven drinks. Really? It is out of hand. And the culture of drinking in the Island has got to change. Alcohol is one of the biggest challenges we face in the community. Yes, Mr. Speaker. I got the pulpit here today; I am going to use it for a bit. A lcohol is one of the biggest challenges we face in the community. And I like a drink once in a while. But we need to come to grips with this mentality that alcohol is not ruining some of our lives, some of our community. An d it is not good enough. It is simply not good enough just to say, Let the police go out and take care of it. So, Mr. Speaker, I hope all of us can spread that word from the east to the west. We need to take some personal responsibility in dealing with the challenges we face in the community. I will keep telling people. I will keep praying for people. I will still go to sleep nervous at night when my daughters are out, because people will make bad decisions. We need to help them. We all make mistakes. We need to help them to make the right decisions at the most difficult times. And even if you do not know somebody, just, you know, you see that guy who is a big supporter of the German team, and they win the Quarter Final game, you know, later today —or they are out of the World Cup. (Sorry to all of those German supporters, right?)
[Inaudible interjections and laughter ] Hon. Michael H. Dunkley: But the Brazilian team! There are a lot of Brazilian supporters around here, right?
[Laughter]
Hon. Michael H. Dunkley: You know, the guy is a big Brazilian fan. He is going to go crazy if they beat Belgium later in the day. But we should look out for them because they are going to want to get home. And we should not use the excuse that a taxi is too expensive or there were no taxis around. Man, if you only live a mile from the bar, walk home! Somebody will pick you up. Or call somebody! Call somebody. There is not hing wrong with that. Because if you call somebody and
Bermuda House of Assembly they tell you, Hey, Bro, I’m not coming to get you, that is the last thing that I expect to hear from a Bermudian. Let us have the personal responsibility not only to change the culture of drinking and driving, but to change the culture of us as Bermudians. We ’ll help you after a hurricane, but after y ou have gone out and had a good night, you ’re on your own. You can make it home. He drives like that all the time. He’s not a problem. Really? I am tired of hearing about that. I am tired of seeing it. The alcohol that we consume in Bermuda is a serious c hallenge for all of us. And we need to have a personal responsibility to deal with it. Drinking and driving is a serious challenge we face. The licence you get is a privilege. So, we need to start thinking very seriously about how we conduct ourselves. Now, I believe this legislation can be a pos itive step forward, Mr. Speaker. And I have some questions, some comments, and some concerns that I will raise, and a number of points that I will speak to now. This legislation, I think, gives us some steps for-ward in dealing with the challenge that we face as r egards to drinking and driving. Mr. Speaker, I know it has been in the works for a long time, and I know there have been some questions back and forth about different models we would take, and some of it has been held up by constitutional issues that people think might be raised with various points around the legisl ation, and I can accept that. That is the lawyers’ job, to make sure that this legislation is sound before we get here. However, I note that this legislation, although the Minister refers to training in the UK, and the UK model is referred to briefly in the statement, this legi slation is quite a bit different than the UK model that was introduced a number of years ago. The UK legi slation has shown some great success, Mr. Speaker. And so, I ask the Honourable Minister to answer, when he has a chance to wrap up after the debate, why more of the UK legislation was not used in this model? I believe that, potentially, this legislation could be quite cumbersome. And I look forward to getting into Committee, where we can go through the various clauses in the Bill to get some understanding as to how it is going to work. Because it appears to me, as the Minister has said in his statement, that there has to be an application to the senior magistrate. And it has to be published in a certain period of time. But it also appears from the brief that if the police believe that there are reasonable grounds, that people are drinking in certain places and it will cause a problem, that they can also set up some of these checkpoints. Well, let us face it. If you go by any bar, you know people are drinking. So, on any given day or night, you could have reasonable grounds that there might be some challenges. And certainly, over the last three weeks with the World Cup going on, you know there are going to be people celebrating or trying to drown their sorrows. And so, I would ask the Honourable Minister to explain the various ways or the abilities the police have to set up these roadside sobriety checkpoints. I do want to make a comparison, Mr. Speaker, because I believe the Government, through the com-ments by the Honourable Minister, has made it clear, and in the statement it says it clearly there on the page, that everybody who will pass through the roadside sobriety checkpoint has to get checked. I take a point of clarification, if you wish. Once a checkpoint is set up, every motorist who has to go through it has to get stopped.
[Inaudible interjections]
Hon. Michael H . Dunkley: Point of clarity.
Hon. Walter H. Roban: Just for clarity —
The SpeakerThe SpeakerGo ahead, Minister. Hon. Walter H. Roban: Okay? You are obliging me, Mr. Speaker?
The SpeakerThe SpeakerYes. Go ahead. POINT OF CLARIFICATION Hon. Walter H. Roban: Mr. Speaker, just that not everybody is going to be subjected to the test itself. They will just go through the checkpoint. They will go through the checkpoint. That is it, yes. Everybody goes through it. If I drive GP2, …
Yes. Go ahead.
POINT OF CLARIFICATION
Hon. Walter H. Roban: Mr. Speaker, just that not everybody is going to be subjected to the test itself. They will just go through the checkpoint. They will go through the checkpoint. That is it, yes. Everybody goes through it. If I drive GP2, it goes through the checkpoint. If your car goes through, you will go through the checkpoint as well.
The SpeakerThe SpeakerAnd they do an assessment as to whether they need to further test you, right? Hon. Walter H. Roban: Yes.
Some Hon. Members Some Hon. MembersYes. Hon. Walter H. Roban: The same tests they do now. Hon. Michael H. Dunkley: Yes. Yes. And I thank you for the clarity. Maybe I was not being clear. That is what I was getting at. So you are not going to drive around. No one is going to …
Yes.
Hon. Walter H. Roban: The same tests they do now.
Hon. Michael H. Dunkley: Yes. Yes. And I thank you for the clarity. Maybe I was not being clear. That is what I was getting at. So you are not going to drive around. No one is going to drive around the chec kpoint. Everyone goes through there. But herein lies m y challenge. Here is the Government, and the former Government was the same way. We have an enforcement tool that the p olice can use, section 315F, I believe, that they can set up anytime they want. They can stop anybody they want. They can actually put their hands in your pocket and check you at any time they want under [sec-tion] 315F. Why does the Government believe [section] 315F is as effective as it is, but we want to set up 2654 6 July 2017 Official Hansard Report
Bermuda House of Assembly roadside sobriety, where you can just go through for an assessment, or you hav e to apply to the senior magistrate first? And, you know, I know there are people in this House, and many people I talk to in the community, who support the roadside sobriety check, that it would have to be published in the paper. But there are ot hers who say, Well, you know, that is a bit cumbersome. It could get very difficult to deal with in certain ways. If the senior magistrate is busy, he might not be in a position to provide the documentation that is r equired. And I would hope that the Minister can clarify that. If the police do apply, how long will it take? And will they be able to get it done in a reasonable period of time? Not being a lawyer myself, Mr. Speaker, this raises another question. If the senior magistrate does provide that certificate, or whatever it is that has to be gazetted or put in proper place for notification, what if there is a case involving one of the notifications that are given and the senior magistrate is called as a wi tness? Does this cause us any challenge in our court of law? You know, I do not think it is inconceivable that somebody who might want to challenge the way things are done could try to bring the senior magi strate into it. So I am just trying to look at situations that could arise. And I am sure Chambers has th ought of things like this. But I would like the Honourable Mini ster to just opine on that after taking some advice. Another area, Mr. Speaker, I will take a few moments to dwell on is that this Government has made it very clear that they are relaxing laws in regard to marijuana. We have increased the level of the amount that people can have if they get stopped. And if that is the case, I think it is even all the more i mportant that, if we are going to do drink -driving tests, there should be some drug- driving tests as well. It is done in other countries. It is done in the UK. They use some type of drugs. ELISA I think they call it. It was started in 2015. But, clearly, if you drink and you had too much to drink, your driving is going to be impaired. If you are doing drugs and you drive, your driving could be impaired at the same time. And if we are r elaxing laws, it might make sense to take a look at if you are impaired enough that it is going to impact your driving. Now, some might say, Well, if you’re doin g certain drugs, you might drive slowly. Well, you know, that is, you are impaired. You are clearly impaired. But if a cat runs across in front of you, it might take you a while to hit the brakes, too, right?
[Laughter]
Hon. Michael H. Dunkley: Then yo u might run over a few things other than a cat. So, you know, in all ser iousness, if you are going to test for drink -driving, we need to test for driving while being impaired by drugs. You know, what is good for the goose is good for the gander. And I woul d like to ask the Honourable Mini ster the rationale for not putting it in, or is it coming la ter? Because that is a challenge we face. You know, there are legal and illegal drugs in our community. And driving under the influence of alcohol or drugs is a challenge every time. Mr. Speaker, obviously, we still live in very difficult times, with a Government Budget that is i mpinged by the difficult finances that the Government faces, having been greatly improved by the former Government. And I hear Members support that stat ement. But through this, Mr. Speaker, I note that the budget for the Road Safety Council, I believe, was increased to $25,000, double from about $11,000 or $12,000. So, a question to the Honourable Minister: Has the budget for the Bermuda Pol ice Service been increased for this initiative? A further question for the Honourable Minister: Has there been any identification of a device to do the testing? And whose responsibility is it to buy the device? How many devices will we need? And what type of budget is involved then? And will it come out of the Bermuda Police budget, as well? Also, as we talk about budget, the Minister does say in his statement that the Bermuda Police Service will go away to the UK to be involved in trai ning. Who will pay for the training, and has that been included in the budget? Let us face it. This initiative is something that is going to require a great deal of organisation. It is going to require a great deal of trai ning. It is going to require the proper testing devic e. I ask the Honourable Minister, Has a device for alcohol been set up and identified? And is he in a position to name what the device is? So, if we intend to launch Operation Caution, and part of that is education, part of that is on the roads and enfor cing our laws, and especially the new law, has an appropriate budget been set up so that we can do it properly? Now, I do know in the legislation, and we can discuss this when we get into Committee, that, I think it is on page 2, where the Minister has some discr etion on who can do certain functions. At the present time, I understand, Mr. Speaker, that only the police doctor can draw blood. And there is only, I believe, one police doctor. And the last I knew about it, the police doctor lived on an island. And so, if the police doctor gets . . . well, does not live on the main island. We all live on an island. But he lives on an island in the sound somewhere, more in the harbour.
The SpeakerThe SpeakerMm-hmm. Hon. Michael H. Dunkley: So, if there is a call from the hospital at 2:30 in the morning, [and] you got to call a doctor on the Island, probably two of the main things can happen. One, it will take a long time for that police doctor to get …
Mm-hmm.
Hon. Michael H. Dunkley: So, if there is a call from the hospital at 2:30 in the morning, [and] you got to call a doctor on the Island, probably two of the main things can happen. One, it will take a long time for that police doctor to get here; or, two, [he is] not coming, because he might not be able to get t here.
Bermuda House of Assembly I suggest, as we go through this legislation, or perhaps it is covered in the changes to the legislation, I suggest that, to allow the taking of blood to be done in an appropriate way and not [only by] one person, that we expand the pool of people w ho can take blood. And there are trained people who can take blood. Phlebotomists, I believe, are able to do that. That is what they train in. There must be, from what I understand, dozens of them trained in Bermuda, and a number of them are on service at all times at the hospital. Should we not allow, in this legislation, the expansion of that so the efficiency of dealing with a challenge can be done in the most appropriate time down at the hospital, without stopping a critical situation while waiting for one doctor to come into the hospital? Mr. Speaker, I was curious, and I ask the Honourable Minister if he can clarify when we get to the end of this debate. I watched the press conference where Operation Caution was rolled out. And at that time, I saw no one from the Bermuda Police Service there. And I was curious because, obviously, in closing the statement, the Honourable Minister thanks all of those involved. The Bermuda Police Service was one of those groups that were thanked. But they were not at the press conference. And I am also curious because, and the Minister can correct me if I am wrong, the Road Safety Council has played an i mportant part in this legislation. Now, I know the Chai rman of the Road Safety Council is a Member of this honourable place, whom you know quite well, Mr. Speaker.
The SpeakerThe SpeakerMm-hmm. Hon. Michael H. Dunkley: But I also notice, Mr. Speaker, and I will make one comment about the p osition, but another comment . . . I do not believe that anyone from the Bermuda Police Servic e currently sits on the Road Safety Council, when, traditionally, that has …
Mm-hmm.
Hon. Michael H. Dunkley: But I also notice, Mr. Speaker, and I will make one comment about the p osition, but another comment . . . I do not believe that anyone from the Bermuda Police Servic e currently sits on the Road Safety Council, when, traditionally, that has been the case. And I would hope that the Ho nourable Minister could say that it is not correct and clear it up, and give the names of all of those on the council.
[Inaudible interjections]
Hon. Michael H. Dunkley: Because if we are going to move road safety forward, the Road Safety Council has an important role to play in what we do. They have traditionally been non -partisan. They have trad itionally been filled by people who have experience, interest in this area. And they have done good work, as we can see by aggressively starting with pr ogrammes recently, like Piece of The Rock and Drive for Change. And now Operation Caution, I am sure, will be stimulated to a great extent by the work that they do on the ground at all times. So, Mr. Speaker, those are comments that I wish to make about this legislation that we have in front of us today. I broadly support it. I think it could be strengthened in many areas, and I have tried to lay those areas out as we go forward. So my colleagues and I will support the Government in the work that they are doing here today. I look forward for the rest of the debate. And I will finish with a part of my comments that I was very passionate about. We can legislate. We can sit up here. We can have great debates, Mr. Speaker. We can make positive change, and we can bring more enforcement to our community. But at the end of the day, as we talked about with health care, I talk again about this situation right here. It has to be personal responsibility. If you are going to go out and have a good time, and if you are going to drink, you need to make sure that you have got friends looking out for your back. And to all of those people who go out with friends and they are drinking too much, look out for your brothers and sisters. And we will be a much safer place. We will be a much happier and healthier place. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Before . . . well, we have got about four minutes. Do you want a short one? I was going to see . . . Okay. We will recognise the Honourable Member from constituency 7. Honourable Member Richards, you have the floor. Mr. Sylvan D. Richards, …
Thank you, Honourable Member. Before . . . well, we have got about four minutes. Do you want a short one? I was going to see . . . Okay. We will recognise the Honourable Member from constituency 7. Honourable Member Richards, you have the floor. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker, and I will be brief. You know, living in Bermuda, we all know that there is a culture of drinking and driving in Bermuda and has been for years. There was even a popular song written by a local comedian called Bermudians Love to Drink. And even when it comes on now, Bermudians are singing to the top of their lungs, Bermudians love to drink! But the seriousness of it is that we have all lost friends. I know I have. You may have lost family members to traffic accidents where alcohol was a factor. It is a fact. And when you factor that into where we are as a country, this legislation, I do support it. But I want to point out some things that I hope the Minister can address, because you can have a law. You can have good intentions. But it is the appl ication of the law that becomes critical. And my co ncerns are about the application of this particular piece on roadside sobriety checkpoints. Now, recently, I have been driving around the country in my car, and I have noticed the police, particularly on East Broadway, pulling over a num ber of persons for whatever reason. It looks like they are just pulling people over. But when I look at the profile of those people who are being pulled over, they appear mostly to be young, black, and on motorcycles. That is concerning to me. 2656 6 July 2017 Official Hansard Report
Bermuda House of Assembly I drove thr ough a checkpoint last weekend. The police officer pulled me over. He came up to my window. I rolled down my window. I said, Good evening, Officer. He said, Go on about your business. [Inaudible interjection and laughter ] Mr. Sylvan D. Richards, Jr.: So, my . . . Yes, maybe he thought I was Taliban or something. But, you know, my concern is, okay, you are going to have a checkpoint. You are going to have cars coming through. Who is going to say we are g oing to test this person and not this person? I thi nk it should be some type of random number. So, for example, you have cars coming through the checkpoint. They say, Okay, we’re going to pull over every sixth car. That is random; no matter who is in the car. I am concerned about the police profiling. It i s human nature. You see someone, you say, Well, that guy looks dodgy. Or that person, they slurred. Let’s test them. Somebody else would come through who has had a bunch of drinks, but they look okay. And they could slide through. So, that is my concern. And I really would like for the Minister to explain a bit more about how this is going to be applied, because, you know, the police profile people. If you are young, you are black, you are on a motorcycle, you know, your pants are a little baggy or whatever (now it is like super tight), the p olice will probably pull you over. So, those are my concerns and I would like to have those addressed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. I am looking at the time on the clock. It is now 12:28. Before we take any other speaker, I will su ggest, Deputy, will you break us for lunch? And we will come back at two o’clock and resume the debate. Hon. Walter H. Roban: Yes, …
Thank you, Member. I am looking at the time on the clock. It is now 12:28. Before we take any other speaker, I will su ggest, Deputy, will you break us for lunch? And we will come back at two o’clock and resume the debate.
Hon. Walter H. Roban: Yes, Mr. Speaker. I move that we adjourn for lunch until 2:00 pm.
The SpeakerThe SpeakerNo objections to that? We now rise until two o’clock. And we trust that we all have a good lunch, and we will see you at two. [Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:02 pm [Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. I trust ev erybody had a nice lunch. BILL SECOND READING ROAD TRAFFIC (ROAD SOBRIETY CHECKPOINTS) AMENDMENT ACT 2018 [Continuation of debate thereon]
The SpeakerThe SpeakerFor those in the listening audience we are r esuming Order [No.] 2 on today’s Order Paper, and that is the [second reading of the] Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018. We have had three speakers thus far and we are looking for a fourth speaker. I recognise …
The SpeakerThe SpeakerHonourable Member , you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker . When it comes to this Bill the first thought that comes to mind . . . actually there are three words that come to mind, which are Quo Fata Ferunt . And my Latin is a little rusty so I can only loosely translate that …
Thank you, Mr. Speaker . When it comes to this Bill the first thought that comes to mind . . . actually there are three words that come to mind, which are Quo Fata Ferunt . And my Latin is a little rusty so I can only loosely translate that to where the fates carry us. And I bring that up, Mr. Speaker , because that is this country’s motto, [and] that is how, in general, this countr y handles issues and life. I will give a brief example from the 17 th century. We did tobacco because that is just what worked for us. And then, out of necessity, we had to go into shipbuilding and to the salt trades. From there, it just happened that we had Princess Victoria that came to the Island, and mention how much fun she had on her vacation, and that spawned our tourism . . . our rise into the tourism i ndustry. And then from there, more recently and closer to my timeline, you just happened to have th e Bahamian Prime Minister mention about how he was think-ing about taxing their international businesses, and so they just flocked to Bermuda. Therefore, it has always been fate that we have sort of relied on as the way to do business, or, another way, we have always been reactive, Mr. Speaker . In the recent media you would have seen, if you were watching the news a couple of days ago, where they went and they put the traffic statistics, or just a few of them, out there. We had 429 crashes from January of this year to June, which was a lot less than the year prior where we had 672 crashes. But we have had a rise, during the same period, in the number of, I will say, impaired driving incidents. [It rose] from 76 in 2017 to 113 in 2018. But also, the scary thing and something that bothers me, our road traffic fatalities have stayed the same. We still average a death a month on our roads.
Bermuda House of Assembly And I raise those statistics in light of this Bill because when I was Shadow Minister of Transport, I remember talking about this, researching this. And one of the statistics that I do remember (if my memory serves me correctly) is that 85 per cent . . . roughly 85 per cent . . . or better yet, a majority of the road fatalities in this country have a direct correlation to speed and/or alcohol. But yet, if you were to take these statistics on the average of a death a month since I have been in this House, since 2012 (because that is when I really started advocating for roadside sobriety [checkpoints]), you will probably average . . . you are statistically likely to see roughly 72 road traffic fatalities since 2012. That is more deaths than gang violence, but yet it does not get the traction, Mr. Speaker , that it should. We will focus on gang violence and we will f ocus on havin g [section] 315F put into place for gang violence, but there is nothing on the books for drunk driving. And I do not believe that there is a Member in this Chamber, Mr. Speaker , who has not been i mpacted or affected by drunk driving or a drunk driver, whet her it has been a death on our roads due to i mpaired driving, whether we in this Honourable Chamber have at some point in our lives driven drunk ourselves. But Mr. Speaker , it is not . . . I go back to . . . and you know that I am a comic book fan. There is a character in the DC world named the Green Arrow, Mr. Oliver Queen. And Oliver Queen has this saying (he is trying to clean up his city) and he says — [Inaudible interjection]
Mr. W. Lawrence ScottAnd yes, I am using comic books, but I am not making light of the topic because he says, when he goes after the bad guy, You have failed this city. We as lawmakers have failed this country until now. Previous administrations have failed this country. Why? Because with a …
And yes, I am using comic books, but I am not making light of the topic because he says, when he goes after the bad guy, You have failed this city. We as lawmakers have failed this country until now. Previous administrations have failed this country. Why? Because with a life or death issue we, as la wmakers , did nothing. And I include myself, because I feel as though a Government is only as good as its Opposition. And as the Shadow Minister of Transport, yes, I did advocate for roadside sobriety checkpoints. Yes, I did push for roadside sobriety tests. But i t did not happen. Therefore, the Government’s failure at that time, I guess I could say, is my failure as a Sha dow Minister. But now, this Government is succeeding in bringing to light . . . in putting in what is necessary to save lives, Mr. Speaker . This Government is not fai ling. But Mr. Speaker , it is not just the Gover nment’s responsibility. It is not just the police’s respo nsibility. It is not the hospital’s responsibility. It is not CADA’s responsibility to stop drunk driving, to reduce drunk drivin g. It is a collective responsibility of all of us here, members of all of the organisations that I have just named, and members of the general public, Mr. Speaker . But I believe that . . . and I will go into the sc ience part that . . . As you know, I like science. And Pascal’s Law, Mr. Speaker , I believe that . . . and for those that are not familiar, Pascal’s Law states (with your indulgence) that the pressure change occurring on any liquid that is incompressible is transmitted throughout the fluid . . . that same change will occur. What does that mean? [It means] that if I have a body of fluid and I put an . . . I will use your brakes as an example. Since we are talking about roads I will use a car analogy. When you put your foot on the brake pedal, when y ou pull in that brake lever, there is a plunger that pushes on the brake fluid. That pressure that you put on the brake fluid . . . that displacement in that one area, that pressure is transmitted through the brake lines down to your brake callipers and puts the pressure on the discs and stops the bike. That is Pascal’s Law. That is where when you put pressure in one place it is felt throughout the whole entire . . . in that case fluid, and in this case the country. This Bill is not meant to be punitive. This Bill is meant to change minds, hearts, and lives. This is actually [saying] this country is no longer standing be-hind or relying on its motto of where the fates may carry us, or, what fate may bring. We no longer rely on fate to keep us alive. We are no w putting in place a Bill that will be on our minds when we go out to drink. It will be on our minds when we think about driving drunk or are under the influence. Mr. Speaker , as you may be aware, I have an Airbnb. And one thing that I joke about with my guests is that drinking is a Bermudian past time. It is a n ational past time. I tell them that we actually have songs that talk about and celebrate how much we love to drink. And the song is called Bermudians Love to Drink. And it says that any occasion is a persuasion, Bermudians love to drink And that is true, Mr. Speaker. But the thing is, Mr. Speaker , today is Friday. And I know as of right now, without this law in place, that the statistical probability of . . . myself, if I was to go down to Place’s P lace and have a couple of cold ones . . . because I know I get invited every week by my honourable colleague from constituency 5 in Hamilton Parish. But you know . . . and . . . and—
[Inaudible interjection]
Mr. W. Lawrence ScottMr. Speaker , I know the statistical probability of if I were to get in my car and be under the influence of seeing a police officer between Place’s Place and 4 Kings Lane North is slim to none. And I know I could increase those chances very slightly if …
Mr. Speaker , I know the statistical probability of if I were to get in my car and be under the influence of seeing a police officer between Place’s Place and 4 Kings Lane North is slim to none. And I know I could increase those chances very slightly if I were to take East Broadw ay. But the probability is that I will not see one. Therefore, knowing that there is a slim poss ibility that I am going to get caught driving drunk, there 2658 6 July 2017 Official Hansard Report
Bermuda House of Assembly is no consequence. There is nothing stopping me from thinking twice before I get behind the wheel and drive drunk. And Mr. Speaker , I have been at the hospital in ICU [ intensive care unit ] when a friend of mine had to have the plug pulled on him. I have been there in the hospital to visit friends that have lost limbs; that have had their lives forever impacted because they felt as though there was no consequence, they were not going to get . . . Their focus was on whether they were going to get caught by the police; not whether or not they were going to get home safely, if they got home at all. So I can say I am directly impacted because of drunk driving. Mr. Speaker , that is the Pascal’s Law, the Pascal’s Principle, of effect. The pressure put in one part of society, the pressure put on one member of this country is felt elsewhere. And for those member s that are listening in the public that say, Well, I have no . . . it hasn’t i mpacted me. None of my friends have been killed; none of my friends have been caught. There is no cons equence, there is no . . . nothing that I have to worry about. Yes, you do. If you pay taxes in this country, if you live in this country the finances say that every death on our roads collectively cost this country rough ly a million dollars. And that is for all the police that have to come out. That is for all the hospital staff that has to take care of you. That is everything . . . that is the insurance that has to be paid. It is a million dollars per death. And statistically we are looking at 72 deaths since 2012. And I chose 2012 to go back to because that is when I was elected here. That is when I became responsible, or I had collective responsibi lity. That is when I realised that it is not just one person. Mr. Speaker , I have had the enviable . . . at first it was the enviable task, because I know the Ho nourable former Premier Michael Dunkley mentioned it about being a designated driver. I have been a desi gnated driver since the age of 18, and mainly (if I am going to be 100 per cent honest) I was that designated driver because I was a pilot and there was a rule. The FAA has ei ght hours from bottle to throttle. And because I was low on the totem pole I got those early morning flights, Mr. Speaker , having to be at the ai rport at 6:00 am, 4:00 am. Therefore, you do eight hours from 4:00 am (being based in Miami, Florida) that put me in club time. So I got very good at pr etending to be drunk so that my friends would not keep hounding me about it, Oh, have a drink. Have a drink, you’ve gotta drink. No. But Mr. Speaker , even as a designated driver, I could not help all my friends. I r emember a time when I was out in Florida, I went and there was a friend of mine, a fellow classmate from the Florida Air Academy that I went to. We went to the same university. Long story short, we were in the club, I was the designated driver, and for som e reason . . . well, he ended up . . . for some reason (I will not go into the details) he had to leave the club early. And I wanted to take him. I told him I would take him. He told me he was not that drunk, he was good, he was cool. He could handle it. It was only a mile back to school, Mr. Speaker . There were straight roads, Mr. Speaker . You had two turns, one to the left . . . actually, both turns went to the left. You would come out of the club, make a left, go down the road for about a mile and make another left and then you were there. You made a right into the school. That classmate never made it home. He literally wrapped his BMW around a tree. And there was a while that I felt responsible, because I was the designated driver. So, even though we mi ght have a designated driver programme going out in this country, even if we do the public service announcements about showing people the importance of being a designated driver, we cannot save everybody, Mr. Speaker . But yet with this Bill adding a level of cons equence, allowing the police to be able to help protect us from ourselves, we can save lives. So as I look through my notes, Mr. Speaker , I just want us . . . and I do get very passionate about drunk driving because, as I said, this is something that I have been directly impacted by. I believe that every Member in this House has been impacted in some way, shape, or form. Mr. Speaker , I know because I have done it here myself in this House. I have stood up here and asked for condolences to be sent fro m this House to members of the community who have had loved ones killed in accidents where alcohol was involved. I have had to go to the funerals and som etimes I have been a pall -bearer for members of this community where alcohol was a factor. So Mr. Speak er, when it comes to talking about this being an inconvenience, when it comes to talking about [how] the wrong person might be targeted, when it comes to talking about [how] this Bill does not do enough or it does too much, you cannot do too much to save a life.
[Inaudible interjection]
Mr. W. Lawrence ScottI am trying to stay focused, Mr. Speaker . This is . . . [Inaudible interjection]
Mr. W. Lawrence ScottNo, my colleague there from constituency 5, Hamilton Parish, who likes to take me to Place’s Place says that when I say we cannot do too much to save a life, he says, That’s why he’s tr ying to take me to church. [Laughter]
Mr. W. Lawrence ScottAnd Mr. Speaker , I am going to use what the Honourable Member just said, and Bermuda House of Assembly also another Member, I cannot remember which Member said it before. It is at the funeral where ev erybody tells you how good a person you were. It is when …
And Mr. Speaker , I am going to use what the Honourable Member just said, and
Bermuda House of Assembly also another Member, I cannot remember which Member said it before. It is at the funeral where ev erybody tells you how good a person you were. It is when you are in church and you cannot hear what the preacher is saying to you that everybody loves you.
[Inaudible interjection]
Mr. W. Lawrence ScottYeah. But the thing is, Mr. Speaker , as the saying goes, Heaven is a won derful place, but I’m in no rush to get there. Hon. Derrick V. Burgess, Sr.: You ain’t going there. [Laughter and inaudible interjections ]
Mr. W. Lawrence ScottMy colleague from constit uency 5, the Honourable Member Derrick Burgess, is doing a good job of distracting me. But Mr. Speaker , it is . . . trying to get back on track. Where this Bill talks about . . . and I am going back to where the …
My colleague from constit uency 5, the Honourable Member Derrick Burgess, is doing a good job of distracting me. But Mr. Speaker , it is . . . trying to get back on track. Where this Bill talks about . . . and I am going back to where the Honourable Member said we should pick . . . why don’t we use [section] 315F ? Why do we need this Bill? Mr. Speaker , 315F was put in place for gang violence (as I mentioned before). Section 315F does not have a traffic component in it. So when you try to use section 315F , that is not adequate, Mr. Speaker . That is what could lead to profiling because of what it is for —[section] 315F —gang violence. I understand that the Honourable Member from constituency 5 looks like a gang member and he acts like a gang member at times, Mr. Speaker , so he might get caught up in 315F . The Speaker: Now, I am going to have to let your co lleague get up and defend himself, you know. Go on.
Mr. W. Lawrence ScottBut that does not mean that somebody who is driving drunk . . . Mr. Speaker , we have all seen the videos that have gone around and circulated on social media about . . . there was an i ndividual on a bike heading from town, went down Front …
But that does not mean that somebody who is driving drunk . . . Mr. Speaker , we have all seen the videos that have gone around and circulated on social media about . . . there was an i ndividual on a bike heading from town, went down Front Street, went past Hamilton Princess, headed towards the Spanish Point area— visibly drunk. He did not even make it into the turning to Fairylands where (it is assumed by the video) he li ved or stayed. But Mr. Speaker , the reason that this member of the public even felt that [he] could get on a bike, let alone a car, and make it home [was] there were no consequences, there were no roadside sobriety checkpoints. He had not had any notific ation 5 to 14 days ahead of time telling him where it was going to be. And the fact that, going back to [section] 315F , where they can stop anybody they want, this one stops everybody. This means that if the checkpoint is identified as being at Crow Lane at two o’clock in the morning and anybody drives through, the police are going to . . . they will stop you. They will just look in your car and say, Good morning (good afternoon, good night ), how are you doing? And in those few seconds they are trained in order to be able to tell if they have pro bable cause to have you take a roadside sobriety test. Now, if you fail the said test, you then get a free night’s stay on Her Majesty’s behalf. But you will not have to take the test if you are not driving under the influence. But, once again, it is a consequence. We know that there is going to be a checkpoint. That is what we are trying to do. And, therefore, if I know ahead of time, prior to me going down there . . . me and the Member from constituency 5 going out for a couple of cold ones, we know that there is going to be a checkpoint between here and 4 Kings Lane North, or Hamilton Parish —
An Hon. Member An Hon. MemberYou go another way. You drive around it.
Mr. W. Lawrence ScottNo, no, no, and Honourable Member s say we will go another way. But if you are drunk, Mr. Speaker , and you get behind [the wheel of] a car, you are not thinking logically anyway. You are going to go bac k to automatic autopilot and go the fastest …
No, no, no, and Honourable Member s say we will go another way. But if you are drunk, Mr. Speaker , and you get behind [the wheel of] a car, you are not thinking logically anyway. You are going to go bac k to automatic autopilot and go the fastest way home and get caught up in the roadside sobriety checkpoint. 2660 6 July 2017 Official Hansard Report
Bermuda House of Assembly The thing is that you will then say, You know what? I’m not going to drink as much. Or let me make sure that I have a designated driver. Let me make sure I have taxi fare before I start drinking . You know?
[Inaudible interjections]
Mr. W. Lawrence ScottSo, I mean, Mr. Speaker , it is not fool proof, it is not a fail -safe; all it is here is a deterrent. This is an attempt . . . this is a movement in the right direction because both parties have had this on their platform at some …
So, I mean, Mr. Speaker , it is not fool proof, it is not a fail -safe; all it is here is a deterrent. This is an attempt . . . this is a movement in the right direction because both parties have had this on their platform at some point in time, but only one party is actually bringing it to fruition. So when Members talk about avoiding it, when Members talk about the ways that it has flaws in it . . . no, it is not a silver bullet. But it is saving a life, Mr. Speaker . You cannot do too much to save a life, Mr. Speaker , as I said before. This is something . . . there are 72 people that might have been here if this were put in place between 2012 and now. How many countless lives are we going to change with this Bill? How many countless lives are we going to save with this Bill?
[Inaudible interjection]
Mr. W. Lawrence ScottBut the thing is, Mr. Speaker, this is a step in the right direction, this is something that needs to be done because it has to . . . we have to change the culture. No longer can we continue to go by Quo Fata Ferunt, what the fates may …
But the thing is, Mr. Speaker, this is a step in the right direction, this is something that needs to be done because it has to . . . we have to change the culture. No longer can we continue to go by Quo Fata Ferunt, what the fates may bring, and celebrate when road fatalities go down on their own and then try to point the finger s at the Government when they go up in a random year. What we are doing now is trying to change the culture, trying to change people’s perception of drunk driving, of driving under the influence. Therefore, I cannot find anything wrong with this Bill. I c ommend the Minister for being able to pilot this Bill through the House of Assembly, for him and his team being able to have this Bill, because I know about the issues with the Bermuda Constitution, with our freedom of mov ement (section 11, I think it is) where people are not . . . the profiling . . . and all of the nuances that stopped former administrations and stopped former Gover nments from bringing it. We were able to do it, Mr. Speaker . So right now I do not really want to hear the naysayers. I do not mind constructive criticism. I do not mind adding where we could do better, because we can always do better. I remember when I used to bring home As and Bs to my parents and my dad would say, That means that there’s room for i mprovement. If it was not an A+ there was room for i mprovement. There is always room for improvement. The laws in this land are living documents, ever - evolving, ever becoming better, ever -changing and adapting to what life and society bring our way. So let us not be like Sir George Somers who happened to come across a paradise . . . happened to end up in what he considered heaven. Let us make sure that we proactively do all that we can, everything that we can to save lives, to improve the quality of life for our members and our Berm udian public. Thank you.
[Timer beeps]
The SpeakerThe SpeakerHonourable Member , I think you are the first one who has exhausted his time this afternoon. Would any other Honourable Member like to speak? I recognise the Honourable Deputy Leader of the Opposition. Honourable Member , you have the floor.
Ms. Leah K. ScottThank you , Mr. Speaker . Mr. Speaker , first of all I would like to say that I do support this legislation. And I would also like to thank the Minister and his Permanent Secretary for briefing me about the legislation. I had a call with Ms. Aideen Ratteray …
Thank you , Mr. Speaker . Mr. Speaker , first of all I would like to say that I do support this legislation. And I would also like to thank the Minister and his Permanent Secretary for briefing me about the legislation. I had a call with Ms. Aideen Ratteray Pryse last night and she spent a good bit of time going through the legislation with me. I am satisfied with the technical aspects of the legisl ation. I realise that the operational component of that will be done by the police. I asked the Minister last week about the cost of this because I thought that the increase for the Road Safety Council, which had gone up from $11,000 to $25,000, was not going to be enough. But he explained to me how everyt hing was going to be broken out, so I am satisfied with that. Mr. Speaker , if you will allow me, I would like to read a quote from Mothers Against Drunk Driving [MADD], please?
Ms. Leah K. ScottThank you . “Strict enforcement of drunk driving laws is an essential part of an overall public safety policy. Ho wever, every time an intoxicated driver stumbles during a field sobriety test or a police cruiser pulls over a car swerving wildly across multiple lanes, it signals that somethi ng …
Thank you . “Strict enforcement of drunk driving laws is an essential part of an overall public safety policy. Ho wever, every time an intoxicated driver stumbles during a field sobriety test or a police cruiser pulls over a car swerving wildly across multiple lanes, it signals that somethi ng has already gone horribly wrong. Either those intoxicated drivers simply did not understand just how much danger they were putting themselves and others in by driving drunk, or else they didn’t u nderstand the severity of the consequences of getting caught. Thus, the best way to fight against drinking and driving is to educate people about its dangers.” So I think the most important part of this legi slation for me is to ensure that there is a strong educ ation component. And it cannot be just with the Ber muda Road Safety Council and marketing attempts. It has to be a joint effort with CADA, the Bermuda Police Service, B//MOTO [Bermuda Motorcycling Academy],
Bermuda House of Assembly Drive for Change. And I believe that Dr. Froncioni is one of the few doctors that is heavily invested in drink driving and road traffic fatalities. So with a community effort, Mr. Speaker , I think that we can get the message out. I did ask the Permanent Secretary about the notification of the checkpoints and what benefit that would have, because people would be alerted about the checkpoints and then they are going to prepare to go around them. But I view it . . . and the only analogy that I can make is it is kind of like riding a bike with training wheels. So you are getting people used to the process and then there will come a point where there will not be a notification about the checkpoints (or I hope that we will get to that point), so that people are not readily prepared, they do not go out anticipating that they can bypass a checkpoint because they have been out drinking, that they just . . . whatever happens . . . and there is a random checkpoint and they get caught. The Honourable Member Lawrence Scott was talking about a friend of his who had an accident. And he had his accident, I think, about a mile away from his home. Most road traffic accidents actually happen the closer you get to home, because the closer you get to home, the more you relax and think that you have made it. And so, again, it is just all part of the whole education process. We have got to get our school teachers on board, we have got to get our par-ents on board . . . and it is not just about drinking and driving, it is about alcohol in general and having the ability to know when to stop, having the ability to recognise when there is a problem, and having the ability to say, T his is enough for me. Or, when you are out with friends to say, I’m not going to drive drunk. I have driven kind of woozy, but —
The SpeakerThe SpeakerThat was before your children.
Ms. Leah K. ScottYes, yes, yes, but I have also been in a situation where . . . I will not drive drunk. And I stayed at the place where I was until I could go home the next day. But I think the funny thing about alcohol is that i t actually …
Yes, yes, yes, but I have also been in a situation where . . . I will not drive drunk. And I stayed at the place where I was until I could go home the next day. But I think the funny thing about alcohol is that i t actually tends to give you a false kind of bravado where you think, Oh, well, I can make it. And you do not think you are as drunk as you are. And those are when most of the accidents occur, because people think that they have the ability to man-age their drunkenness. I am not going to say much more. I hope that through this Road Sobriety Act we can work towards a future with no roadside victims. I thought that the threshold in terms of the elimination of road fatalities and serious accidents at 25 per cent was rather low, but I guess we have to start somewhere and work our way up to the top. So, as I said, I fully support this legislation. I do not think that we can legislate behaviour. People are going to do the things that they want to do. But I think that with a strong educational platform and with a strong marketing platform then we can see a change and we can see a reduction in the numbers. And before I sit down, Mr. Speaker , I would like to acknowledge or thank Mr. Santucci for being here and givi ng me some information. And I see that Mr. Crockwell is also here from GET Security . So it is good to see that the community is also vested and invested in this legislation and vested and invested in what we are trying to do. And so I commend the Government and I thank you, Minister.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? I recognise the Honourable Minister of Health. Minister Wilson, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Speaker . Mr. Speaker , I too would like to participate in this debate. Obviously, as a …
Thank you, Honourable Member . Does any other Honourable Member wish to speak? I recognise the Honourable Minister of Health. Minister Wilson, you have the floor.
Hon. Kim N. Wilson: Thank you, Mr. Speaker . Mr. Speaker , I too would like to participate in this debate. Obviously, as a Member of Parliament we oftentimes sit here and we debate whether innocuous Bills like Class 3 reinsurance Bills, or things that are obviously important to the community . . . but this is a particular Bill, as we have heard previously, which touches each and every one of us. So I am pleased that I have an opportunity and a privilege as a Mem-ber of Parliament to be able to support such a substantial Bill that is needed and long overdue. We have heard already this morning, and just recently, Mr. Speaker , about the fact that there is no absence of carnage on the roads. The way that pe ople are driving is causing property damage and inj uries to people. And, unfortunately, we have heard some statistics with respect to deaths. And you know, Mr. Speaker , this Bill seeks to address a number of things, but in particular, estab-lishing roadside sobriety checkpoints. Now I, for one, when I first heard about this Bill and started reading through it , I thought, Well, hmm, I wonder how many people will just . . . if they know it’s going to be in Smith’s Parish, go the other way around, go Harring-ton Sound Road way, or whatever, just to avoid it . Because, obviously, the checkpoints will not designate where, it will just say the date and the parish. Howe ver, when I was doing some further research within other jurisdictions, the studies have shown that there is strong supporting evidence to suggest that these sobriety checkpoints are effective, notwithstanding the people may know that they are coming on that partic ular date. So, that gives me some solace and some comfort. Mr. Speaker , when I was the Attorney General, I had opportunity on several occasions to meet 2662 6 July 2017 Official Hansard Report
Bermuda House of Assembly with the Executive Director of CADA, Mr. A nthony Santucci, who has been a very fierce advocate, along with other members of our community, of this partic ular initiative. And the challenge that was always met was with respect to potential constitutional challenges. So, as an attorney I was obviousl y concerned about ensuring that whatever legislation we passed did not go against the Constitution, which is, of course, our paramount piece of legislation, and in particular section 11. And if I can just refer to that real quickly, Mr. Speaker , it speaks specifically about “Protection of freedom of movement.” And I am paraphrasing, but effectively without that person’s consent no person shall be hindered throughout their enjoyment and freedom of movement. So that was always an obst acle that seemed to exis t when trying to grapple with legislation concerning roadside sobriety testing. So I am very pleased that the Government, under the direction of the Minister of Transport and his team within the Ministry, as well as Chambers, were able to find a proper sol ution to address that challenge concerning the constitution. I also was the Attorney General at the time when [section] 315F was implemented. It was enacted at a time when, obviously, there were a lot of chal-lenges within our community because we were hav ing increases in gun and gang violence and activity. And when the Government at the time decided to proceed with that legislation it was after long, detailed deliber ations, because we recognised that this piece of legi slation did provide the police with incredible powers of stop. In fact, section 315F under the Criminal Code is the “Power to stop and search in anticipation of vi olence.” And, again, it was enacted at a time when we were going through, perhaps one of the highest i nstances of violent gun crime in our Bermuda history. And notwithstanding the enactment of that, there are provisions under that which effectively (and I am paraphrasing) allow the police to just stop and search—search a vehicle, search the person’s personal property and effects. And so for me to hear this morning that there are concerns that the legislation that we have tabled today has the same effect as a 315F is not correct because under 315F the police have the power, effectively, to just stop and search. This legislation has a number of provisions in it which will allow for the issues concerning potential racial profiling, and the like, to be diminished. And, in particular, I am referring to the fact that the legislation allows for a road sobriety checkpoint to (1) only be conducted on the written authorisation of the senior magistrate on an application by a police officer of a standing of superintendent or higher. So that is one check. Number (2), it allows for . . . just a minute, sorry, excuse me, Mr. Speaker , one second.
The SpeakerThe SpeakerTechnology go to sleep? Hon. Kim N. Wilson: It sure did.
The SpeakerThe SpeakerYes, wake it back up. Hon. Kim N. Wilson: How come it is not moving? Okay, I will just read it from the Act. So it a llows for the . . . the magistrate is the one that can pr ovide the order. It then allows for the notice …
Yes, wake it back up. Hon. Kim N. Wilson: How come it is not moving? Okay, I will just read it from the Act. So it a llows for the . . . the magistrate is the one that can pr ovide the order. It then allows for the notice to be a dvertised in the public with the date and the parish. I think somebody inadvertently referred to the location. It is simply the date and the parish in which the road sobriety checkpoint will occur and that is published between 5 and 14 days before the date. And (3) all vehicles travelling through that road sobriety chec kpoint will be stopped and checked. Now we heard earlier today that there was a concern that perhaps in order to allow for random . . . so check every tenth vehicle or every ninth or every X - number of vehicles . . . absolutely not! That is where issues of racial profiling and persons in our community that are already marginalised will be the likely ones that will always be stopped. The inherent provisions that I just referred to in this legislation will eliminate that and it will allow for . . . it will eliminate the issue of racial profiling and further marginalisation of some of the members in our community. So in addition to that, Mr. Speaker , when you look at the legislation as well there is yet one more safeguard that warrants consideration. And that is [section] 35BE, which speaks to the fact that once the person goes to the checkpoint . . . so imagine the checkpoint is at place X. T he 10 cars that are all tra velling that way go through the checkpoint. The police officers have to have “reasonable and probable grounds to suspect” that this person is committing an offence, i.e., driving whilst impaired, before they can go on to the next step of asking them to blow, et cetera, et cetera. So unlike [section] 315F, which you do not need probable grounds for, this provision allows for the situation where the police must have a reasonable and probable ground before they can go ahead and pursue it. So, again, it will help minimise the effect of prejudice or racial profiling with respect to this legisl ation. And also, Mr. Speaker , one point that I found very interesting, and I am wearing my former hat . . . Well, as I was formerly defence council, previously under the legislation we had a provision where if you refused to blow (well, it was called failed the breath test, but as lawyers we would say you refused to blow), that created a lesser offence than driving whilst impaired. So if I was representing an individual that had received a ticket for refusing to blow and driving whilst impaired, inevitably if you . . . because the penalties . . . the offences stem from the same circu mstance. The prosecution would allow a guilty plea on one and offer no evidence on the other. So we would advise our clients to (a) go for refusal to blow because
Bermuda House of Assembly it is a lesser offence; and (b) when [they] are making application for insurance [the] insurance company oftentimes says , ‘Do you have an offence of driving whilst impaired?’ [They] could technically say no b ecause [their] offence was refusing to blow. And it was just a wraparound, maybe judicial gymnastics that sometimes we would employ with respect to when we were representing clients. Now, this Bill is sayin g if you refuse to blow it is the same penalty . . . sorry, if you fail to blow, it is the same penalty as driving whilst impaired. So, that is a very important factor because we have seen a number of cases . . . and I admit that I have done it on behalf of other clients, or advised clients accordingly because it was a lesser penalty. Now the penalties are the same. If you refuse to blow it is the same thing as having a conviction and a penalty for driving whilst impaired. So I think that is a very important factor that cannot be missed. Mr. Speaker , if I could just close by reading something, and I copied this —
The SpeakerThe SpeakerYes. Hon. Kim N. Wilson: I got this out of the Royal G azette many, many, years ago. I think my daughter probably was like one [year old], you can see it is ye llow [with age]. I pinned it up on a cupboard in the kitchen and I constantly …
Yes.
Hon. Kim N. Wilson: I got this out of the Royal G azette many, many, years ago. I think my daughter probably was like one [year old], you can see it is ye llow [with age]. I pinned it up on a cupboard in the kitchen and I constantly looked at and I said I would continue to read it to my kids as they got older. And it was in the “Dear Anne Landers” part of the Royal G azette and it is written . . . okay, so I am going to get through this. “Dear Gram,” (here it is) “Agony claws my mind. I am a statistic. When I first got here I felt very much alone. I was overwhelmed by grief and I expected to find sympathy. I found no sympathy. I saw only thousands of others whose bodies were as badly mangled as mine. I was given a number and placed in a category. The category was called ‘traffic fatalities.’ The day I died was an ordinary school day, but I wish I had taken the bus. But I was too cool for the bus. I remember how I wheeled the car out and my mom asked for a special favour and I pleaded, all the chi ldren drive, please let me drive. “When the 2:50 pm bell rang I threw my books in the locker, free until tomorrow morning. I ran to the parking lot excited at the thought of driving a car and being my own boss. It doesn’t matter how the accident happened. I was goofing off, going too fast, drinking, taking crazy chances. But I was enjoying my freedom and having fun. The last thing I remember was passing an old lady who seemed to be going awfully slow. I heard a crash and I felt a terrible, terrific jolt. Glass and steel flew everywhere. My whole body seemed to be turning inside out. I heard myself scream. “Suddenly I awakened. It was very quiet. A police officer was standing over me. I saw a doctor. My body was mangled. I was saturated with blood; pieces of jagged glass were sticking out from all over me. Strange that I couldn’t feel anything. Hey, hey! Don’t pull that sheet over my head, I can’t be dead, I’m only 17! I’ve got a date tonight, I’m supposed to have a wonderful life ahead of me. I haven’t lived yet. I can’t be dead! “Later I was placed in a drawer. My folks came to identify me. Why did they have to see me like this? Why did I have to look at my mom’s eyes when she faced the most terrible ordeal of her life? Dad suddenly looked very old. He told the man in charge, Yes, he’s our son. The funeral was weird. I saw all of my relatives and friends walk towards the casket, they looked at me w ith the saddest eyes I have ever seen and some of my buddies were crying. A few of the girls touched my hand and sobbed as they walked by. Please, somebody, wake me up, wake me up, get me out of here! I can’t bear to see mom and dad in such pain. My grandp arents are so weak from grief that they can hardly walk. My brother and sister look like zombies; they move like robots in a daze. “Everybody! No one can believe this. I can’t believe . . . I can’t believe it either! Please don’t bury me; I’m not dead! I have a lot of living to do. I want to laugh and run again. I want to sing and dance. Please don’t put me in the ground. I promise if you give me just one more chance, God, I will be the most careful driver in the whole world. All I want is one more chance. Please, God, I’m only 17.” Now, Mr. Speaker , whenever I read that, and I think of the legislation that we are passing here today, it is so fundamentally important because we have all been touched by someone that has been injured or fatally killed as a result of drunk driving. And this is one step. Can we do more? Of course we can do more. Must we do more? Yes, we must. But this is one step in the right direction to try to eliminate the dangers of drinking and driving and the heartache that it is causing e ach and every one of us. Thank you, Mr. Speaker .
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? We recognise the Honourable Member Pamplin. You have the floor, Honourable Member .
Mrs. Patric ia J. Gordon -PamplinThank you, Mr. Speaker . Mr. Speaker , I just wish to make a very small contribution to this debate.
Mrs. Patricia J. Gordon -PamplinObviously, my colleagues who have spoken before me have indicated our s upport for this legislation as it has been pr e2664 6 July 2017 Official Hansard Report Bermuda House of Assembly sented. Obviously, there are some concerns that we have. And I say concerns because when you think in …
Obviously, my colleagues who have spoken before me have indicated our s upport for this legislation as it has been pr e2664 6 July 2017 Official Hansard Report
Bermuda House of Assembly sented. Obviously, there are some concerns that we have. And I say concerns because when you think in respect of advance notice —between 5 and 14 days of advance notice— being given, the Honourable Member Scott from [constituency] 24, I believe it is, ind icated that when somebody is inebriated they are not necessarily even thinking about the logistics of, Shall I go this way or shall I go the other way? But you know what is interesting? There seems to be a fraternity of those who do drink. And you find yourselves in the bar, in an environment in which you might have had one or two too many, and somebody will say to you, as opposed to saying I’m taking your keys and, ther efore, I am ensuring that you are not going t o drive— which is what my honourable colleague from [ consti tuency ] 10 indicated earlier, that we should take r esponsibility for one another if we feel that somebody is impaired or too impaired to take responsibility for themselves, let it be a community eff ort—but what seems to be more of an occurrence is for somebody to say, Hey, listen, I know you’ve had too much, but the man is down East Broadway . So you are leaving that bar with the idea that your colleague has said to you that the man, being the police officer, is down East Broadway. So you are thinking at that point in time, How can I circumvent — even in a state of inebriation—How can I circumvent going through this particular checkpoint? And I think this is what we absolutely have to be able to deter and prevent. So to be able, ultimately . . . I say . . . I hear everybody saying that this is a starting point. But ult imately to be able to have checkpoints set up and op-erated in an appropriate way where there is no profi ling, but that you do not have that advance notice of saying, you know, I’m gonna go up Spanish Point and down North Shore, and, you know, all the way down Collector’s Hill and come back up South Shore to go to Warwick as opposed to going through East Broa dway. So I think it is important that we can reach that stage eventually. Obviously, with the approach that we have of — [Inaudible interjection]
Mrs. Patricia J. Gordon -PamplinWell, the Honourable Member is saying that people do that now. And yes— [Inaudible interjection]
Mrs. Patri cia J. Gordon -PamplinAnd they will continue to keep on, which defeats the purpose. The purpose of this legislation, hopefully, is to get people to not drive while they are inebriated. So if we have a cultural shift — [Inaudible interjections]
Mrs. Patr icia J. Gordon -PamplinIf we have a cultural shift that allows us to think that, you know, this is just . . . I am endangering myself as well as others, then we do not have to stop to think that the officers are in . . . wherever they might be, whether …
If we have a cultural shift that allows us to think that, you know, this is just . . . I am endangering myself as well as others, then we do not have to stop to think that the officers are in . . . wherever they might be, whether they have announced it or not announced it. So, ultimately, I would like to see us reach a stage in which . . . we know that people will drink. I do not, but that is my personal choice. But people will and . . . want me to be the designated driver? I could be the designated driver any day, any time, unless the sugar tax kicks in. If sugar becomes an offence, then we have got a di fferent problem. But, you know, I have had situations in which I have actually —
[Inaudible interjection]
Mrs. Patricia J. Gordon -PamplinI have had situ ations in which I have actually had occasion to speak at the funeral of somebody who was very, very, dear to me, who was lost on the road. And one of the things that I do as a past time is to write poetry. And I …
I have had situ ations in which I have actually had occasion to speak at the funeral of somebody who was very, very, dear to me, who was lost on the road. And one of the things that I do as a past time is to write poetry. And I can remember writing a poem as a tribute to this young man who had lost his life. He was one of . . . and I will call him every day from now until the day I die, he was one of my tennis juniors, probably one of the most upcoming, talented, natural athletes in the game of tennis. And we had to bury him. And I offered, actually, to speak at his funeral, having written a poem as a tribute to him. And every time I have the opportunity to think about that tragedy and others whom we have lost along the way . . . it does not matter w ho, where or how the extent of alc ohol has had an impact, it is important that there could be a situation in which we are burying somebody far too soon. And so the idea of doing whatever we can to help to prevent the incidents of loss of life and mangling of bodies and impaired driving and the necessary things that come out of it, we clearly want to make sure that we do all that we can. The Honourable Member indicated that it should be a deterrent . . . this legislation. I only offer that we have to be ca reful what we speak to when we talk about deterrents. If we are not making our deterrent a more effective one, then being a deterrent is really just a terminology. I point to an analogy of the deterrent of illegal aliens crossing the border in the United S tates.
Mrs. Patricia J. Gordon -PamplinAnd the idea of the deterrent being to wrench the children from their parents and that will act as a deterrent so nobody else will do it. Well, that is the ideal thinking that, if ever ybody knows that this is a possibility, then this will not happen, so therefore …
And the idea of the deterrent being to wrench the children from their parents and that will act as a deterrent so nobody else will do it. Well, that is the ideal thinking that, if ever ybody knows that this is a possibility, then this will not happen, so therefore I will not come. So deterrent is okay. But it is really not enough.
B ermuda House of Assembly What we need to do is to be able to instil that cultural shift where it is no longer appropriate to boast that Bermudians love to drink, it is no longer appropr iate to say that we need to be able to police people 24/7. You know, people can drink, and there is not hing wrong with that if that is what they choose to do. But do it responsibly. Responsibly, meaning that under no circumstances should you even consider drinking and having a vehicle under your control. I used to think it interesting . . . I have seen a couple of cases over time in which you might have an individual either sitting on a bike or sitting in a car w ith the engine running and the police have pulled that individual over and booked them and taken them to court for impaired driving. And I used to think that it did not quite make sense to me because the person was not actually operating the vehicle. Yes, the en-gine may have been running; but he was not driving it if he was pulled over to the side and sleeping on the steering wheel. He is not driving . But the fact that he could have driven caused sufficient concern for the charges to be able to be drawn. And I think under those circumstances, if we are serious about the value that we place on the lives of our citizens, then we want to be able to ensure that every possible step is taken to avoid the carnage, the destruction, and, quite frankly, the pain of survivors. And not only do you have those people who have been killed, but also you have those people who have been significantly maimed who will forever be a burden to their families, they will forever be a burden to our health care system, the cost of rehabilitation in some instances, just the incidence of people not being able to work because their impairment has created a level of disability for them that they are not as func-tioning as they might otherwise have been. And some people, quite frankly, have ended up being vegetables as a result of impaired driving and accidents that are caused as a result. There are times when you look and you think it might almost be kinder if an individual had passed away in the process. Not that you wish ill on anybody, but to see some people going through that pain and agony of the outcome from their poor choices of driv-ing while impaired is something that they live with and that we as a community live with. So whil e we support t he legislation, I obvious - ly woul d like to see us reac h the stag e wher e we can truthfully —hand o n heart —say that w e developed a cultur e in our c ountry where people recognise that there are steps t hat you take w hen y ou leave home. You ar e goin g to go out, you are goi ng to g o for di nner, you are going to have some drinks, y ou hav e a taxi s tanding by waiting for you. An d you know t here was a programm e that . . . I do not know whether it is still operative, but there was a programme at least a year or two ago in which—
An Hon. Member An Hon. MemberCADA. Mrs. Patricia J. Gordon -Pamplin: It was a part of the CADA programme, in which there would be taxis who would be hanging around the city and you would be able to go and get that taxi to go home at the end of your drunkenness, at the end …
CADA. Mrs. Patricia J. Gordon -Pamplin: It was a part of the CADA programme, in which there would be taxis who would be hanging around the city and you would be able to go and get that taxi to go home at the end of your drunkenness, at the end of your night, in which you have imbibed too much. And you know that is a great programme if somebody has not had the foresight to take the pr ecautions to know that they have got somebody in place to be able to take them home. And these are the kinds of things . . . it will entail a full cultural shift, r esponsibility . . . somebody is going to take me home if I know that I am not capable. But it is also a level of recognition to say that if I have reached that stage . . . and there is legislation that holds bartenders and drink servers responsible as well, to ensure that they do not serve any more than the . . . when the person is apparently inebriated that they cannot . . . it is an offence for them to serve any additional drinks. But we have to also recognise that all drinking involvem ent is not necessarily in paid establishments, because you can have people going out to parties and going out to other places and find that they are equally as impaired by the end of the night as they might ot herwise have been had they been sitting and paying for their drinks all night long. So we want to make sure that people are as safe as they possibly can be because, as other col-leagues have indicated earlier, there is no family, there is no person in Bermuda who, at some point in time, has not been touched, either by a direct family member or someone with whom they have close as-sociation and relationship. There is no one of us who has not been touched by the tragedy of loss and wrecks on the roads. Obviously, as legislators we have an obligation to enable our population to be as safe as they possibly can be. And I cannot stress enough while we also consider instilling that cultural mind- set where people are aware of what the limitations are and not have to worry about the police officer being the one who is going to have to stop you in order to put you on the right path. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? I recognise the Honourable Member Ms. Jackson. Honourable Member , you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker . I just want to say a few words in reflection of this new legislation. I certainly support the idea of an ything that is going to make our roads safer; that will keep our community safer and free from any kind of accidents. But you …
Thank you, Mr. Speaker . I just want to say a few words in reflection of this new legislation. I certainly support the idea of an ything that is going to make our roads safer; that will keep our community safer and free from any kind of accidents. But you know I cannot help but realise and consider the fact that we are talking about what ult imately should become a cultural behavioural shift. We 2666 6 July 2017 Official Hansard Report
Bermuda House of Assembly can put all of these individual restrictions or these pieces of legislation in place, but until we are able to actually start to change the mind- set of the people who are using our roads to be more mature and to be safer, then, really, we could be just dropping a pebble in a very big bucket. So with that, my big concern is that , again, education starting with our youth is huge. And, cer-tainly, I personally believe that the educational pr ogrammes that we have introduced for various topics within our community have had a positive impact. And so I would very much like to see the so briety issue a conversation that is introduced at a young age, and something that our young people can begin to understand and believe in. And we, as a community, can start to make that cultural shift with the next gener ation. I personally believe that it is going to take things like sobriety testing in order to get some of our older members of the community who are driving to give their drinking and their socialising with alcohol a second thought before they get on the road. I think, you know, we are goin g to need to have these kinds of barriers in place. But hopefully we will also have an opportunity to educate our young people so that generations coming up will not need to have these kinds of roadblocks in order to be mature and responsible on our roads, that it will just be a general rule and b ehaviour that they are performing when they are out socialising. But in the meantime one of the other pieces that I would like to suggest to the Government is the idea of legislating education. And I stood up before . . . certainly, the Road Safety Council, Dr. Froncioni, and members within this community have been talking about, yes, we need to have expanded education for our young people, in particular. They need to be given the opportunity to train and learn how to ride their c ycles on the roads before they are tested. And I per-sonally would like very much to see that we are able to add some education programmes about the effects of alcohol and other drugs on the brain, on our perceptions, on our physical reactio ns when we are under the influence. And certainly, Mr. Speaker , I know that these kinds of education programmes exist. When I had spent some time in the United States of America, I needed to have a driver’s licence. And before I could even approach the Dep artment of Transportation I was advised that I had to find a private facilitator who would give a drug and alcohol desensitisation educ ation, so I could go to the likes of a driving school. There were some folks who just . . . this was just what they did as a consultant, you could go into their offices and have this . . . watch this and partic ipate in this programme. So there were a number of entrepreneurs out there —which is great because this provides another opportunity for small business ow ners to expand their existing places of businesses or new businesses to start up. But you would go in and they would have a bit of a tutorial. They would explain to you why you were there. They showed some very graphic videos —not so much of what happens “if this,” but very graphic videos of what happens to your brain on alcohol. And they would show you how your visual perception would change. They would show you how your ability to react to a driver in front of you or any other changes that may be happening on the roads while you are driving under the influence and how slowly the body can react to some of these instances. And so you at least had this opportunity to understand why it is so important to be of sound body and mind when you are driving on the roads, and why it is important not to have alcohol and other drugs in your system while you are driving. So if we could introduce —and it would be great if it was legislated —that before you get a driver’s licence . . . so, yeah, we are going to have . . . we are already d own the rabbit hole with this. So yes, we have a whole population of people that have been driving on the roads for years and years. And, yes, it would be great if we could show them all this educ ation and have them participate in an education pr ogramme. B ut, failing that, certainly any new drivers . . . so this is anybody coming to our Island who wants to get a driver’s licence, any 18 -year-olds and 16- yearolds that want to ride on our roads would undergo this kind of education. It only need be a couple of hours. You get your certification and then you can then follow on with the other steps of your written [test] and your on-the-road driving, and such, to get your licence. So, if we could have an education programme I certainly would see that as a welcome addition to this process. And before I sit down I just feel as though there are a couple of issues about the sobriety testing that raise some concern for me. And maybe we could bring them up in Committee, but one of my major concerns and question is that if we are going to have a sobriety testing checkpoint . . . I am not sure if I understand, but in the legislation if you are stopped and the police officer comes to your car, are you then open and susceptible to any other kind of investigation or search or questioning? No? So, if a police officer walks up and they think that you have been drinking, but they walk up to your car and they smell a little marijuana in the car, then could . . . are they . . . you know, do they have grounds? I am just asking, ri ght?
[Inaudible interjection]
Ms. Susan E. JacksonSo you could take the breathalyser and you can pass the breathalyser because you do not drink alcohol, but maybe you have been smoking . . . so I am just asking if a police officer Bermuda House of Assembly walks up, because the y have stopped you for a …
So you could take the breathalyser and you can pass the breathalyser because you do not drink alcohol, but maybe you have been smoking . . . so I am just asking if a police officer
Bermuda House of Assembly walks up, because the y have stopped you for a sobr iety testing for whatever reasons, and they look behind you and . . . I do not know, they see that you have got a child in the car that is not in a proper child seat. Can they search the car to see if the seat has not been attached and, therefore, give you a ticket or a citation because you have not . . . you were driving and swer ving because you were attending to a child who was in the back seat and who was not properly in their place and so, therefore, you are breaking a different kind of law? I am just curious whether these sobriety checkpoints are going to open up a can of worms for other kinds of search and seizure. Again, I am not completely convinced that we are addressing the profiling issue. This Government — both sides of the Government —has been for years doing everything that we can to make sure that this community is given a fair and just approach to every individual that lives on this Island. And I just cannot help but wonder how this Government is going to be able to keep its promise of not having this sobriety testing focused predominantly on our younger males who are black, who are on the road, and if there is not going to be some reason why police are going to find some excuse for stopping them under this particular sobriety checkpoint. And, okay, yeah, albeit I am absolutely horr ified sometimes by some of the swerving and dipping that our young men are doing on the roads, and they see it, I would suspect, as being quite acrobatic, we as a community are all pretty horrified by it. But the point is that if somebody is ducking and swerving, are they going to be stopped for the sobriety testing? Then that is going to start some kind argument because, no, the young man was not actually drinking; he was just showing off with his acrobatic, I can dip and swerve. And now the police have stopped him. Now an altercation is going to start. And, you know, we have started an entire inflamed argument over the fact that the police have every excuse to stop you because they think that you were swerving and that you were under the influence, when in actual fact you were not. And that is not going to solve the problem. That is just going to inflame the young people on the Island, because we are not addressing what is going on with t heir bad behaviour, right? So what we are doing is finding another excuse for the police to stop and rather than create a fix for the community —
The SpeakerThe SpeakerPoint o f order? POINT OF ORDER
Mr. Dennis Lister IIIYes. If it is illegal, it is illegal. Whether you are popping a wheelie on the main roads or driving drunk, it is illegal. So the police have a right to pull you over either way.
The SpeakerThe SpeakerThank you. Continue on, Member.
Ms. Susan E. JacksonYes, so, again, if you are misbehaving on the road and the police are using s obriety testing as an excuse to stop you, then I see that as inflaming an already sensitive situation on the road with our young men. And if they are breaking the law, that is …
Yes, so, again, if you are misbehaving on the road and the police are using s obriety testing as an excuse to stop you, then I see that as inflaming an already sensitive situation on the road with our young men. And if they are breaking the law, that is fine. But the fact that they are breaking the law and the police are using this as an excuse to stop them under this sobriety testing, it is again, for me, another indic ation and reason why we are not finding solutions, when we should be finding solutions for our young men who are out there driving on the roads, and not doing it in a safe and responsible way. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Member . . . ? We recognis e the Minister of Workforce D evelopment and Education. Minister, you have the floor. Hon. Diallo V. S. Rabain: Mr. Speaker , I want to thank you for my new title.
The SpeakerThe SpeakerIt is Education and— Hon. Diallo V. S. Rabain: It is Education and Wor kforce D evelopment, but I appreciate that. Mr. Speaker , I just want to thank my colleague for bringing this piece of legislation today. I think that we are making history. And I applaud the Minister …
It is Education and— Hon. Diallo V. S. Rabain: It is Education and Wor kforce D evelopment, but I appreciate that. Mr. Speaker , I just want to thank my colleague for bringing this piece of legislation today. I think that we are making history. And I applaud the Minister for bringing this forward. Promise made, promise kept. Now, Mr. Speaker , I understand some of the angst of the community, and of some of the MPs that I have heard speak today. But we need to keep our minds firmly on what it is we are trying to accomplish. And that is, Mr. Speaker , to save lives. This is what we are tr ying to do. I have listened to some of the speakers get up. I was incredulous listening to a comparison to the President of the United States’ horrible policy of separating children from their parents as evidence of what a good deterrent could be. I coul d not . . . that part really just went over my head. I could not understand how anyone in this Chamber could stand up and talk about that policy as an example that we should actua lly follow. That . . . that . . . that part really, really, just left me astounded. Mr. Speaker , I see that we are here today to pledge to save lives and I have seen a lot of people stand up. I have heard a lot of people talk. And I have 2668 6 July 2017 Official Hansard Report
Bermuda House of Assembly heard a lot of opinions. But the only opinions that matters are the statistics. And the statis tics simply show that sobriety checkpoints worldwide save lives. Unfortunately, Mr. Speaker , if you go to look at our crime statistics, which are published on our police website, it lists traffic offences and such; but it does not break them down. All it does is say how many tickets have been issued in a certain length of time. It does not say whether they have been issued for drunk driving or due care or anything like that. It talks about road traffic accidents and it only lists them as traffic accidents that have been really bad, or just fender benders. It does not say whether alcohol was involved in them. So, unless we want . . . we want this to show that it is effective. And we know that looking worldwide it is effective having these sobriety checkpoints. But we also need that data within ourselves to back it up so we can stop having conversations like what we are having today where people are just going off the rails and talking about everything else but what needs to be talked about, and this is this particular law. Mr. Speaker , it was back in 1962 when the World Health Organization released a report on road traffic accidents. And in that report it stated how much alcohol is a factor in all traffic accidents, especially ones that cause fatalities. Over 50 per cent was what was estimated. So here we are. We are some 56 years later and we are still talking about the same thing — something that was done back in the early ’60s. We know what the issue is, and it is driving while using alcohol. So we need to come up with plans of how we can address that, whether it is from scaring people not to drive— which is what the sobriety checkpoints are to do. I went to school in the States, Mr. Speaker , I have gone through sobriety checkpoints. I go through life, Mr. S peaker , with the —
[Inaudible interjection] Hon. Diallo V. S. Rabain: What was that?
The SpeakerThe SpeakerYou passed them then. Hon. Diallo V. S. Rabain: Yes, I did. But [the way] I go through life is, if I have not done anything wrong, I do not mind that minor inconvenience to make sure the person behind me and the person in front of me are safe. …
You passed them then. Hon. Diallo V. S. Rabain: Yes, I did. But [the way] I go through life is, if I have not done anything wrong, I do not mind that minor inconvenience to make sure the person behind me and the person in front of me are safe. It is about collective responsibility as a community. And we are collectively responsible . . . we should be collectively responsible for everybody else. Stop complaining about a minor inconvenience to you when it could save 10 lives in the future. That this is a minor . . . me being stopped and me being delayed by five minutes to get where I need to go is a minor inconvenience to me. And that is how I view that, Mr. Speaker . And as I have said, in all countries where s obriety checkpoints have been put in . . . and doing my research on this it seems that Australia is the country that is more in line with exactly the type of thing that we are doing. And they are reporting in the first year a 50 per cent decrease in accidents caused by alcohol. That is a huge number. So if we can put these chec kpoints in place that discourage people from drinking at the bar and leaving and getting in their car or on the bike and going, then we have done what we were supposed to do and the law has been effective. Yes, I understand all of the other things about . . . you must speak to your people and you must tell them not to drink and drive. You must be able to pull your friend aside and sa y, Listen, not tonight mate. You know, I’ll give you a ride, and all that stuff. But Mr. Speaker , that is a cultural shift. It is a shift that will have to happen. And I think that by putting things like this in place we will encourage that to happen, Mr. Speaker . But we should not also let the responsibility fall from the persons who are profiting off the sale of alcohol as well. And I foresee a future in Bermuda where, if you are at the bar and you are obviously over your limit and the bar keeps serving alcohol, that some of the responsibility will start eventually going back to the bars that continue to serve.
[Inaudible interjection]
Hon. Diallo V. S. Rabain: And while the TIPS pr ogramme is about that, there are not (because I am TIPS certified) any l aws in place to protect that yet. And that is something that you will hear from CADA. They will complain about it all the time, that there is nothing that actually formally allows you to go after the bars if they continue to serve, because some bars will continue to do that because profit is profit. But getting away from that and getting away from the cultural stuff, we need to put things in place to allow people to have that fear that, If I do go out, I have a good time, I have some beverages . . . I have to make that critical decision. Do I drive, or do I get a ride or catch a taxi? Having these checkpoints . . . and I think the best way to have them is what we are d oing, you announce where they are, and you announce they are going to be happening, because what stati stics have also shown is that when you do it that way, you are catching the habitual drinkers all the time. You are not catching that person who may have done this . . . this might be the one time they have done this in their life. You tend not to catch those people. You tend to catch the people that do this all the time. And those are the people that you do want to be able to help and do want to be able to give some assistance to, because they do not recognise that what they are doing is wrong. The majority of the people actually do, and I do believe that. But there are people out there that will
Bermuda House of Assembly drink and not think anything of it. And they are the ones that need that assistance from us. Things like this allow us to provide that assistance, Mr. Speaker . And I know I have not heard anyone connect this to the report that has come out —the Road Safety Report that has come out —where we are talking about toughening the legislation around drink driving, making it mandatory to go to HELP or to go to . . . you know, if you are caught doing that sort of stuff. These are the things that we can now put in place to ensure that we help the people who, through no fault of their own (because alcoholism is a disease), who are doing those things and now we are putt ing things in place to assist them. The last thing I wanted to say was I was kind of going off the rails with the last speaker. That Honourable Member took us to a place about . . . you know, this law being one that is going to allow the po-lice to just stop people willy -nilly. And, Mr. Speaker , and as the Member Lister [III] said, if you are doing illegal, you are doing illegal. We are not saying if you get stopped at a sobriety checkpoint and there are all sorts of illegal things going on in the car that y ou are not going to pay attention to that. But if you are stopped at a checkpoint, they are checking and tes ting for sobriety, they are not checking you for ever ything else that could possibly happen. And I think we need to allay those fears amongst our people as well, that, yes, being stopped at a sobriety checkpoint you will be looked at. If it looks like you are under the influence you will be asked to do some testing to see if you are. But you are not going to be stopped . . . and if it looks like nothing is wrong with you, you know, let me run your licence, let me see if you have warrants, let me see if you have fines . . . all of that is not part of this. My understanding and reading of the legisl ation is if we stop you, if it looks like you are under the influence, we then test you. And if you pass the test, you go along on your way. And everybody that passes through that checkpoint goes through the same pr ocedure, if I understand this correctly. Not randomly where you say, Well, every so many people . . . because that is where—
[Inaudible interjection]
Hon. Diallo V. S. Rabain: Exactly. And that is where we can mitigate the chances of this being racial profi ling. Everyone that drives through this will get checked. And if you are safe, if you do not give the appearance, you get to go. I think I am the only one in these Chambers at the moment who has been on active duty as a R eserve Police Officer, as I did serve for seven years. So I know what it is like out there. And you are stopping people and you are looking at them. I believe on my first . . . I can go back to the first night I was on duty. We arrested someone for drunk driving. And so I was there and so I know what it is like. And you know, Mr. Speaker , I can speak very confidently for officers. The last thing that you want to do is arrest someone—the last thing you want to do. Because there is a difference . . . people have a di fferent take . . . they can be the nicest person, but once they are restrained, that is a whole different mind -set that goes on. It is a psychological thing that says, My God! I’m in cuffs and I can’t move! So you do . . . and the Police Service out there, everyone that I know goes the extra mile to make sure to not go to that step, to do everything that we can not to . . . to make sure that this is the absolute last thing that we need to do. And I think people see that when you see these social media videos going around and like, Ah, the police ain’t doing nothing. Recognise that the police are there to serve and protect. And the last thing they want to do is arrest, cuff anyone that does not deserve to be cuffed, Mr. Speaker . But Mr. Speaker , I think this legislation is well overdue. This legislation will save lives, and that is what it is here to do, Mr. Speaker . Everyt hing else that is being spoken about is just fluff on top of what the core of this legislation is —to save lives. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister . Any other Honourable Member wishes to speak? I recognise the Honourable Member from constituency 28.
Mr. Dennis Lister IIIThank you, Mr. Speaker . First off, I want to, again, commend the Mini ster . . . and not only the Minister for Transport for bringing this legislation, but the Government. On page 14 of our Throne Speech from last year . . . if I am allowed to …
Mr. Dennis Lister IIIOn page 14 it states: “The menace of drunk driving on our roads is one that can be difficult to curtail given the prolifer ation of alcohol versus our available enf orcement r esources. This Government will not tolerate impaired driving. Sobriety checkpoints and increased penalties will be implemented to …
On page 14 it states: “The menace of drunk driving on our roads is one that can be difficult to curtail given the prolifer ation of alcohol versus our available enf orcement r esources. This Government will not tolerate impaired driving. Sobriety checkpoints and increased penalties will be implemented to reduce the number of people who drink and drive.” So, Mr. Speaker , again, I want to commend the Minister and the Government for bringing this as another checkpoint on our Throne Speech. Mr. Speaker , as the previous speaker ahead of me stated, saving lives is what we are trying to do. Mr. Speaker , drunk driving is an epidemic of utmost importance in Bermuda. Over the past 20 years there have been 227 road deaths on our roads. 2670 6 July 2017 Official Hansard Report
Bermuda House of Assembly And many of them can be accounted to drunk driving, Mr. Speaker . As I say that I sit here and think, What could have been done to save some of those lives? And that is where we are at today, now. We have put this legislation forward to save lives. We might not be able to save every life going forward, but we will try our best to save as many as we can because drunk driving is as dangerous as gi ving a person a loaded gun. As they say when you are younger, Sticks and stones may break my . . . I cannot remember exactly how it goes, Mr. Speaker . But if you put a person that is irresponsible, intoxicated, behind the wheel of a vehicle, that is playing Russian Ro ulette on our roads. Two words that I wou ld like to say first off are “responsibility” and “accountability,” Mr. Speaker . As numerous speakers before me have stated, Bermuda has a culture of going out to drink, enjoying yourself, and having fun. There are some that are responsible, but there are those who are not responsible, Mr. Speaker , who will go out, drink to their limit, over their limit, and feel that they are comfortable getting behind the wheel of a car. They are not responsible drivers. Accountability: Mr. Speaker , as the previous speak er before me stated, there are some times you go out, you might have a friend that sees you too tipsy and says, Hey, how you getting home? Oh, I’m riding my bike. I’m driving my car. No, give me your keys; you’re too drunk. We have to hold ourselves accountable also, Mr. Speaker . If you know you are going out for the night to drink and socialise with your friends, make alternate arrangements to get home. Whenever you are going out with your friends, have a designated driver. If you are going out, tell someone to drop you off who is not going out to drink, and they can pick you up, Mr. Speaker . Or you can use a bus . . . not a bus, you can use a cab. Or if it comes to that, Mr. Speaker , you can catch a bus, because the buses run to one o’clock in the [morning.] So accountability, holding yourself —and not only yourself but others around you—accountable when it comes to drinking and dri ving. Mr. Speaker , the implementation of this roa dside sobriety checkpoint is to help assist those that are not responsible dr inkers, or who do not want to hold themselves accountable. Because when you get on the roads [driving] a car and you are intoxicated, Mr. Speaker , you throw all your responsibilities out the window. No matter how confident you might feel dri ving, Mr. Speak er, it is (1) against the law, and (2) anything can happen. So roadside sobriety chec kpoints are there [and] will be there to stop those who feel that they can drive, Mr. Speaker . We have heard numerous [times] before, from my previous speakers, of where roadside sobriety checkpoints will be and how effective they will be. Mr. Speaker , as has been stated, they have been proven effective in other jurisdictions. Bermuda will be no di f-ferent, Mr. Speaker . Yes, we have social media where people can send around a message to say, T he police are at this spot, don’t go here. But Mr. Speaker , as previously stated . . . the previous speaker, you have habitual drivers that will still do it because they feel confident that, I go out every weekend and I drink and I driv e and I get home safe. So what is different this weekend? Who cares if there is a checkpoint? I’m gonna drive through it. Well, Mr. Speaker , if they take that chance now and they get pulled over get tested and they fail . . . first off, with it being noti fied in advance, it waives their right of objection. Because the moment it is in the notice and you go where it is, you cannot object and say, Oh, I didn’t know there was a roadside chec kpoint. Or, If I would have known, I’d have gone the other way. It is too bad. You went there. You knew. And now we are out to catch you—the habitual drinkers, those that are irresponsible and do not want to be held accountable for their actions. But now they will be held accountable for their actions. Mr. Speaker , we have heard from other speakers regarding just the overall behaviour in Ber-muda on our roads. And as we spoke two weeks ago in this House regarding the Operation Caution, our Road Safety Plan, Mr. Speaker , this Road Safety Plan will address specifically drunk dr iving, but in general all behaviours on our roads. For those that feel that they can get away with excessive speeding, Mr. Speaker . . . do care. Many other small driving infractions, Mr. Speaker . . . this Road Safety Plan will address that. We have heard the education aspect, Mr. Speaker . There will be an education curriculum i mplemented from primary school onward. There will also be education for adults. But also for the inbetweens, Mr. Speaker , from the 18- year-olds when they first go on the road, to m aybe 25, and those that are in- between, not yet mature drivers, but still getting on the road. So the education aspect will cover all of these. There will also be education against drunk dri ving so that you will know that you cannot go out for a drink, get on your bike and just hop on it. You will be educated to know this, Mr. Speaker . Also, education on the roadside checkpoints, Mr. Speaker , there will . . . a previous speaker questioned, how will they go about it? Or if a person is d oing something else an d they get pulled . . . Mr. Speaker , the public will be educated on the roadside checkpoints, not only just for sobriety, but for other road infractions, Mr. Speaker . Just because you are not drinking, but you are doing something else, does not mean that y ou are not a threat or danger to others on our roads, Mr. Speaker . And all this will go towards changing our mind- set. A deterrent? Yes. But we want to change the mind -set, we want in three years’ time, Mr. Speaker , that there will be a decrease in drinki ng and driving, there will be a decrease in any other road infraction—
B ermuda House of Assembly speeding, as the previous Minister stated—that the statistics by the police on traffic offences . . . we want to see a decrease in all of those offences. So we have to change the mind- set, not just in drinking and dri ving, but our driving culture altogether. And along with being held responsible and accountable for yourself, Mr. Speaker, we have some programmes out there that are available for people that do go out to drink. We have the CADA taxi pr ogramme. There is also . . . and I saw in these Chambers earlier, Dr. Crockwell, who is behind the HomeSafe programme, a programme where if you know you are going out to drink you can prearrange for a pickup, where you go out, you have a drink, if you feel that you are too intoxicated you can have your prearranged pickup pick you up. They will drive you home safely in your own car (because they have a filled up bike that they put in your car). They will get you home safely and then they will be on their way. So, Mr. Speaker, there are options. There are alternatives out there to just going out, having a drink and feeling the need to drive home drunk. Mr. Speaker, of the many road deaths that we have had on our roads, yes, there are many people that can say they know someone that died for whatever reason on our roads. So what we want to do is encourage our parents, adults, guardians, superv isors, to reach out to our children. Reach out to your young ones, your loved ones, just to encourage them to not drink and drive because if affects not only yourself, but it affects everyone that you know. Because today you are here, tomorrow you are gone. But your family still has to live on without you. Your friends still have to live on without you. So we enco urage you all to encourage your friends around you to not drink and drive. So, Mr. Speaker , in my brief comments, again, I want to commend the Minister for bringing this to the House so that we can put this forward and into action to save lives on our roads. And I want to stress saving lives over and over again because, as we have seen in the last 20 years, these 227 deaths . . . we do not want to see in another 20 years another 227 deaths, Mr. Speaker, we want to see that number come down. So, Mr. Speaker , to the Minister: Congratul ations. And to those that are on our roads, this is a Fr iday. It is a weekend. It is Happy Hour. There are par-ties on. We want you to go out and have fun. But be safe. Be responsible drinkers. Take care of those around you. Get home safe, so that you can be around for the next weekend, Mr. Speaker . So, i n closing . . . well, I t hink I s aid that before, but Mr. Speaker, before I take my s eat, again, thanks to the Minister and everyone . . . when this—
An Hon. Member An Hon. MemberThink before you drink. Mr. Dennis Lister III: That is a good one. That is going to be the new campaign slogan —Think before you Drink. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Honourable Member wish to speak? I recognise the Honourable Member Tyrrell. Honourable Member Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you, Mr. Speaker . I am very happy to have the opportunity to speak to this Bill, the Road Traffic (Road Sobriety Checkpoints) Amendment Act. I think the passage of this Bill is a no- brainer. I think it is something that we all understand, that alc ohol and …
Thank you, Mr. Speaker . I am very happy to have the opportunity to speak to this Bill, the Road Traffic (Road Sobriety Checkpoints) Amendment Act. I think the passage of this Bill is a no- brainer. I think it is something that we all understand, that alc ohol and driving just do not mix. In fact, I am pleased that my honourable colleague from constituency 34 reminded me of the letter that I read myself man y years ago in Anne Landers of a 17- year-old who explained exactly how she reached her death. And I think it is something that . . . the reason why I am actually on my feet today is because I have two grandchildren of driving age, who recently have come of driving age. And I would hope that I am speaking to them and the rest of their friends at the same time. I note the support from some of the Members from the Opposition. Yes, they do have some con-cerns about the Bill. But I am sure that by the time we get to Committee . . . I am hoping that some of those concerns will be put aside. I am sure some of us in our younger age did try to get away . . . having been out to a party or some sort of session, having had maybe too much to drink, and took the chance of saying, Look, I need to get home. My vehicle is there, and taking the opportunity of driving. But putting ourselves at risk and, of course, I am sure we have probably sat down even recently in our life and just said, Wow, I was really lucky because I could’ve caused some . . . you know, a death. Which basically reminds me, Mr. Speaker, of a slogan. And I think it was one of the slogans of the Road Safety Council some time ago which says, “ The Life You Save May Be Your O wn.” I think that is something I think we should probably start thinking about again because we are putting ourselves at risk. Persons who drink and drive are certainly putting themselves at risk. In fact, in pr eparing some of my notes I came across a quote by Dean Martin. It says, “If you drink don’t drive. Don’t even putt.” I think some of my golfing friends will probably understand that even better. But again, I will repeat: “If you drink don’t drive. Don’t even putt.” Mr. Speaker, I am sure, as I have heard some of my other colleagues speak ahead of me reiterate, that we have all had people in our lives who I think have been touched as a result of some drink driving incident. Some have been fatal. Of course some have 2672 6 July 2017 Official Hansard Report
Bermuda House of Assembly maimed themselves or some other person who happened to be on the road at the wrong time when these things took place. Again, I cannot stress enough and, as I said, I am really speaking today to my youth, my grandchildren in particular. They know . . . they know the rules. If you are out, you’re having a drink, the a nswer is call home. That has always been . . . call home, if you are in trouble, call home. And I am hop-ing that they take that to [heart]. Now, there is a song out and I have heard it mentioned by some of the other speakers that says Bermudians love to drink. I would hope that this song does not define us. I think we are better than that. It is a song; that is what it is. It is just a song. Yes, we do like to drink, but at the same time we need to think about it. That song does not, or should not, define how we go about our daily lives socialising and whatever we do on a weekend sort of thing. Let me say, Mr. Speaker , that during my canvassing when some of my constituents found out about this Bill, I think there were some concerns. And I have heard it here already, that some of them thought that this is, again, another one of those selec-tive laws that are on the books where the police are going to be selective. I have tried my best to explain to them, having had it explained to me by the Minister himself that, once people travel the route of the checkpoint, everyone has to go through and be assessed before anyone is pulled to the next stage. I would hope that with the training that the police do get in reference to this legislation that it is not going to end up as some sort of selective type because, let me say, people have long memories. Peo-ple know that we have had legislation on the books that remind them of discrimination. And this is som ething that I hope is not going to lead basically to that. And it gives me the opportunity, I think, to refer to the Minister’s brief where he said that some have expressed concern about checkpoints only being . . . I am sorry, Mr. Speaker , if you do not mind I will read the brief, if you do not mind, just a portion of it.
The S peaker: Go ahead.
Mr. Neville S. Tyrrell“Some have expressed co ncern about checkpoints only being set up in specific areas, and the police officers just testing a particular segment of our community.” Well, as I said, I would hope that we can put that aside. Let me also say that people have . . . or …
“Some have expressed co ncern about checkpoints only being set up in specific areas, and the police officers just testing a particular segment of our community.” Well, as I said, I would hope that we can put that aside. Let me also say that people have . . . or Honourable Member s have said that maybe the Bill needs some fine- tuning. Like every other Bill, I think that comes to the House there is always the opportunity to make amendments. We can see how things go, because you know, as Bermudians we hate change. But at the same time we are doing this for a reason. The Chairman of the Road Safety Council says, We’re tr ying to save lives. That is what it is really all about. Mr. Speaker , I said I was not going to be l ong, but one of the things I also wanted to say is I want to remind people that driving on our roads is not a right. It is a privilege. And people need to understand that their licences can be taken from them. Just as easily as they have earned it, it can be taken away. It is not a right; it is a privilege to drive on our roads. So, Mr. Speaker , before I sit, let me say that I support this Bill. I commend the Minister for bringing it, as we said—finally —finally bringing it. But it is a promise that we made that we would do. And I am happy to support this Bill, Mr. Speaker . Thank you very much.
The SpeakerThe SpeakerThank you, Honourable Member . I recognise the Honourable Member . . . we will go across, we will let the Honourable Member Cannonier have the floor. Honourable Member ?
Mr. L. Craig CannonierThank you, Mr. Speaker . Yes, I will not keep you long. I think enough points have been validly made that we agree to this piece of legislation that is extremely positive. [Inaudible interjection]
Mr. L. Craig CannonierI missed what you said, I did not hear you, so . . . But when I think about this legislation I am reminded of a quote that . . . a lot of quotes have been going back and forth. One of them was, If you drink and drive, …
I missed what you said, I did not hear you, so . . . But when I think about this legislation I am reminded of a quote that . . . a lot of quotes have been going back and forth. One of them was, If you drink and drive, the police will show you some other bars . And it might be a good slogan for us to put out there for the newspaper to use. I will say it again, if you missed it, If you do decide to drink and drive, the police will probably show you some other bars. And I think that gets to the point that I want to make of how serious drinking and driving is, especially in Bermuda where, I believe, the best drivers in the world probably come from because of the nature of our types of roads that we do have. But unfortunately with the intoxication of alcohol . . . with alcohol intox icating you, or even not getting to an intoxicated pos ition but just a slight variation of your reflexes, with these roads and the corners that we do have, invari ably someone is going to get hurt. And so, again, I apprec iate the fact that we are all in support of this. I wanted to say thank you to the Government for bringing this forward. But I also want to thank the administrators of this here. I believe that there is more that we can do as we move forward with this piec e of legislation. And I only am brought to mind of when I was in university and [it was my] birthday and I had my car. It was a Monte Carlo, so I was pretty cool driving around. I got caught speeding and, unfortunately, it raised my points to I think it was eight or nine points that I had in the points system. And that meant that I had to go before a panel and take some courses as to
Bermuda House of Assembly the reasons of speeding and the results of speeding. But in that were many people who were intoxicated as well. And they show ed the gory details of what happens when someone is intoxicated and an accident happens, and how the body is just completely man-gled. I was not a drinker at the time when I did get those points, but I took the point very seriously that this is a major, maj or, problem that we do have. I heard another Member speak to the fact that . . . about young people. But this is not exclusive to young people. In fact, if you look at many of the acc idents that we are having locally here, these are full - grown adults. These are mature people who are not making good decisions. And I do not know how we get our members of the community to the point . . . or m ature people to the point that they understand that this is not okay. So more education is going to be needed. And I be lieve that one of the routes that we need to take is with a points system. We need to be getting people into a room so that they can see the gory details of the results of drunk driving and how it affects people’s lives and the country as a whole. All of us —maybe not all of us, but many of us—probably have had the opportunity of having a good laugh off of people when they are intoxicated. I know many times I go on YouTube and I, you know, if I am passing a little time there is one of those areas where you can go and there are just thousands upon thousands, hundreds of thousands probably, of videos of people intoxicated and the things that they do while they are the road. And in spite of the deadly effects of it we do have a bit of a chuckle. And I think that we are going to have to change our mind- set that this is no joking matter. Even if you get away with it and the police [do not] catch you, the challenge with that is that, you know, the police may catch some, but the majority get away with it. And so t his is a stepping stone, a piece of legislation that helps curb, or helps in at least some way putting controls in place to lessen the effect of drinking and driving. But in no way is it changing minds, per se. And I believe that if we can get to the emphasis of educating people of the gory details of this intoxicating thing that we do . . . we seem to be intoxicated with the [idea] of getting intoxicated and cheating to get home, hoping that we will get away with it. This is not going to work in Bermuda. And so I am delighted that this piece of legi slation has reached this point. I would encourage the administrators to compel and put things in front of the Minister to take this legislation even further with the educating part that is so vital, I believe, in an environment that we do have where life can be pretty stres sful in Bermuda and sometimes you just want to sit off and have a cold one. And in innocently having a cold one you may inadvertently, in wanting to get home, innocently take the life of someone or someone else. So, again, I do not want to belabour the point . . . education, education, education is vital to this scourge that we have on this Island. And so, again, thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Minister, wo uld you like to speak now? I recognise Minister Weeks. Minister, you have the floor. Hon. Michael A. Weeks: Thank you, Mr. Speaker , for allowing me to speak now. Mr. Speaker , first of all, I would like to start off by …
Thank you, Honourable Member . Minister, wo uld you like to speak now? I recognise Minister Weeks. Minister, you have the floor.
Hon. Michael A. Weeks: Thank you, Mr. Speaker , for allowing me to speak now. Mr. Speaker , first of all, I would like to start off by commending the Honourable Deputy Premier for bringing this much- needed legislation. It is long overdue. I think CADA was advocating for this here at least 10 years now and this Government . . . a promise made, a promise kept. So my hat goes off to our Honourable Deputy Premier and Minister of Transport. Mr. Speaker , we have heard a lot of statistics from my colleagues while we have been talking. I have heard that over the last 10 years 118 people have died on Bermuda’s roads; over the last 20 years approximately 236 people have died on our r oads. But Mr. Speaker , what we notice also around town and in our neighbourhoods is that I do not think we take the statistics of those that have been maimed [by those] drinking and driving and overall just disr especting the roads and the laws of Bermuda. Mr. Speaker , our roads have really done a lot of damage to our people, not only in death, but in maiming them. So this roadside sobriety checkpoint can only be a benefit to us and it is a good start . . . it is a good start for us to address this problem. When I was first introduced to this roadside sobriety checkpoint I was a little hesitant of the part that said that we were going to alert the public as to when we are going to do it. Because most people, Mr. Speaker , that are going to drink are going to drink, and after a while they will find other ways of getting around the checkpoint. But nevertheless I am definit ely in favour of that, Mr. Speaker . I heard one of my colleagues talk about the TIPS programme. I am in favour of that, too, but I also believe that it does not go far enough because if you are in a bar and the bartender recognises that you have had one too many and is not going to serve you anymore, if that person still has his keys or the ability to go out into a vehicle, then his ability to go som ewhere else and drink is still there. So I would like to suggest to the Minister that when . . . a part of the TIPS programme is when someone is deemed to have one too many, something must be done then and there to deter that person from driving. We may need free transportation from our bars. We may need some bar police, so to speak, Mr. Speaker . And I have been out, like most of us have been out to a bar. And as much as we say, you know, that it sounds good, that if we are out with somebody who is drinking and he has had one too many just take their keys from them . . . that sounds good, Mr. Speaker . But that becomes the most difficult part of 2674 6 July 2017 Official Hansard Report
Bermuda House of Assembly dealing with a friend or a relative after they have reached that point of being inebriated. So Mr. Speaker , we have to come up with something that is definitely going to deter. This roadside sobriety checkpoint is beautiful and I hope that we do it more often than not because like I have also heard there has been . . . every family has been touched by this. Ov er the last 10 years, of the 118 people that have died, more than 70 per cent have had symptoms of alcohol in their blood. That is three - quarters of our road deaths that have had some kind of symptoms in their blood. So we have to address this here where w e can. Those that know, will know that I had a family member that passed. He was not inebriated, but it was Christmas Day. And what comes with those hol idays he was taking part in. And that dreadful . . . that dreaded phone call that we all wish we never get . . . I got it. And I went down there and I was talking to my son, saying some things to him. And he could not talk back to me. But I could see him trying his best to talk to me. I know he was trying to say, Daddy, I’m not drunk , but . . . So having experienced that, you know, we need to be vigilant in getting our public to understand. And I think the younger we start the education, the better, Mr. Speaker . Elementary or middle school or high school, we need a class. I am not talking about one or two c lasses for your four -year duration and that is it. We have a crisis in Bermuda, Mr. Speaker . If an ything in Bermuda has caused a state of emergency, it is the carnage that we see on our streets, Mr. Speaker. And so often when we have our conversations all we talk about is the people that have died. But our streets have done a lot more to a lot more people, Mr. Speaker . And we see it every day —people that cannot use their hand or their leg, or they are brain damaged in some way. The number is alarmingly fri ghtful. That, to me, Mr. Speaker , is definitely a state of emergency. So if we treat it that way as a community we can address that, Mr. Speaker , because that is one thing that does not fall into the sphere of Two Berm udas. Every person in Bermuda is affec ted by this, and every one of us must take part in trying our best to stamp out this scourge. But also, Mr. Speaker , before I take my seat, one thing that we have to address is we see tourists come to Bermuda. Most of them cannot ride before they get here . And even those who can are shaky on our streets because of the narrowness of the roads. Somehow when we see them in a bar we think it is all right, because they are tourists and they are bringing much -needed economic dollars to our country. But they, too . . . as we know, at least one of them . . . and I may be stretching it, but one of them may die a year on our roads. And a lot of it is because we think it is cool for them to drink and drive, drink and ride. But we have to address all of those members t hat are on our streets, Mr. Speaker . Those 16- year-olds that get a licence, the education for drinking and driving and riding and using other drugs must go beyond a one- month class of ri ding and study before they get their licences. We have to get serious with it. We have to have better licensing. We have to be more serious of those that get caught. I do not believe in the points system. I r emember I came up in a time that when you ran afoul of the law on your vehicle and you went to court, you were taken off the road—plain and simple. It was not a point system. I remember when I was about 18, I got three years off the road, Mr. Speaker . You know and that was —
The SpeakerThe SpeakerWe won’t ask you how fast you were going. Hon. Michael A. Weeks: Oh man! Mr. Speaker , you know, but —
The SpeakerThe SpeakerI know those Mobylettes were pretty quick back then. Hon. Michael A. Weeks: Yeah, especially when you are ducking.
The SpeakerThe SpeakerYep. Hon. Michael A. Weeks: But . . . but— [Inaudible interjection] Hon. Michael A. Weeks: Yeah. But on a serious note, Mr. Speaker , we have to get back . . . we have to get back to that kind of punishment for those who break the laws on …
Yep.
Hon. Michael A. Weeks: But . . . but—
[Inaudible interjection] Hon. Michael A. Weeks: Yeah. But on a serious note, Mr. Speaker , we have to get back . . . we have to get back to that kind of punishment for those who break the laws on our roads, because I am talking about 30- plus years ago.
The SpeakerThe SpeakerMm-hmm. Hon. Michael A. Weeks: Whoa! Thirty -plus years ago that I was given 36 months off the road. But I am sa ying that since those 30 years, Mr. Speaker , we have more traffic —
The SpeakerThe SpeakerYep. Hon. Michael A. Weeks: —we have bigger cars, bi gger vehicles, faster bikes, but we have gotten more modern, so to speak. Rather than taking people off the road, we give them points . . . we give them points and tell them to do a class, you know? …
Yep.
Hon. Michael A. Weeks: —we have bigger cars, bi gger vehicles, faster bikes, but we have gotten more modern, so to speak. Rather than taking people off the road, we give them points . . . we give them points and tell them to do a class, you know? But while they are doing those points, they continue to ride and drive. We have to get back to that three- year penalty because once I got my licence back, finally, I have not been off the roads . . . I have not even been in front of the traffic court since that time, Mr. Speaker.
Bermuda House of Assembly The Speaker: You learned your lesson well.
Hon. Michael A. Weeks: Oh, did I ev er, Mr. Speaker.
The SpeakerThe SpeakerYes. Hon. Michael A. Weeks: Because I had just . . . well, a quick story. I had just bought a brand- new scooter. Back then I think it was a Vespa 90. I think I spent about $1,000.
The SpeakerThe SpeakerUh-huh. [Inaudible interject ions] Hon. Michael A. Weeks: I splashed on it, yes, yes. Chrome parts and all. But a month or two in it —
The SpeakerThe SpeakerYou lost your privilege. Hon. Michael A. Weeks: I had to go to court. I lost my privilege.
The SpeakerThe SpeakerYes. Hon. Michael A. Weeks: So that thing set up in my bedroom until my parents got tired of seeing it and I had to get rid of it. But it was a lesson well learned. And I know our Minister is listening and he may want to take that …
Yes.
Hon. Michael A. Weeks: So that thing set up in my bedroom until my parents got tired of seeing it and I had to get rid of it. But it was a lesson well learned. And I know our Minister is listening and he may want to take that as a note that if we are going to be serious about t he carnage on our roads, we have to be serious about the punishments that we dish out. I know that the roadside sobriety checkpoints are not necessarily there to punish, but to deter. I recognise that. But those who get caught up in that snare, in that web, should be made to pay the price. Points do not work [for] me. You know, if you break our law, you have to pay the piper (so to speak). And anybody caught driving under the infl uence of drugs or alcohol should face a sentence, [like] what we used to face back in the day (as we talked) when we were on our Mobylettes and our scooters. But, Mr. Speaker, before I take my seat, I must comment on the letter that my colleague from constituency 34 spoke about, “I’m only 17.” I know you also went to Berkeley, Mr . Speaker, and—
The SpeakerThe SpeakerYes. Hon. Michael A. Weeks: —you probably finished b efore I got there. You know, I am a little younger than you. [Laughter] Hon. Michael A. Weeks: But one of my friends, Mr. Speaker, he wrote a story in the Berkeley yearbook. The story went something like, he was going …
Yes.
Hon. Michael A. Weeks: —you probably finished b efore I got there. You know, I am a little younger than you.
[Laughter]
Hon. Michael A. Weeks: But one of my friends, Mr. Speaker, he wrote a story in the Berkeley yearbook. The story went something like, he was going to die in a blaze of fire. And if you know who I am taking about, Mr. Speaker, two weeks later that is how he passed.
The SpeakerThe SpeakerBike accident, right down there. Hon. Michael A. Weeks: Right down the road there.
The SpeakerThe SpeakerYes. Hon. Michael A. Weeks: So you may have still been at Berkeley when I was there then, Mr. Speaker. [Laughter] Hon. Michael A. Weeks: But I am saying that to say that this is not a new issue that we have with the di srespect on our roads. Over …
Yes.
Hon. Michael A. Weeks: So you may have still been at Berkeley when I was there then, Mr. Speaker. [Laughter]
Hon. Michael A. Weeks: But I am saying that to say that this is not a new issue that we have with the di srespect on our roads. Over the last 20 years, avera ging one death a month is crazy, Mr. Speaker. I would venture to say that 80 per cent of those are young black men. So, as my colleague from constituency 21 always talks about a state of emergency, how we have been treated, we have to look at this as just as critical, just as serious, and be just as concerned that what is happening on our roads needs to be addressed. Again, as I take my seat, I take my hat off and I commend the Minister of Transport for doing this because a step had to be made and he is doing it. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise the Honourable Member from constituency 2. Honourable Member Swan, you have the floor.
Mr. Hubert (Kim) E. Swan—to lend my support to the Road Traffic (Road Sobriety Checkpoints) Amendment [Act 2018] . And I want to thank the Mini ster for ensuring that it came before us. Certainly, as the summer season heightens and our young people are home. But the point has been made that in …
—to lend my support to the Road Traffic (Road Sobriety Checkpoints) Amendment [Act 2018] . And I want to thank the Mini ster for ensuring that it came before us. Certainly, as the summer season heightens and our young people are home. But the point has been made that in greater numbers t here are persons older who may find themselves losing their lives on the road. As I often say, we older persons were young once. So if you want to get to the root of reversing a problem, you are best served when it comes to education, starting as young as possible. 2676 6 July 2017 Official Hansard Report
Bermuda House of Assembly While I certainly lend my support to the need for Bermuda to undertake a serious measure as such to address those whose mind- set is already altered in a way that is going to cause them to put themselves and others at harm’s risk. There are certai nly other things that we must also take into consideration as we strive for what I deem . . . and I did not coin this, other jurisdictions have coined this, as I researched, a “zero tolerance approach” across the board on our Island. We are 20 square miles and certainly in that mile and a half of width and about 20 miles of length, it is not that far to get around, but the winding and twisting that occurs gets even windier and more twisty when one has taken a substance that alters one’s mental capacity, whether it be alcohol or, indeed, drugs in your system as one is driving. As someone who by the grace of God is still here speaking, it was some 10 years ago, I do b elieve, . . . maybe 9 [years ago], when, on a Friday evening such as this, during this same m onth, after having a prayer session in the morning with col-leagues in the room there, I was traveling home after a late evening session of this Parliament, Mr. Speaker, and a conversation . . . and we often say by the grace of God do we pray for our childr en who are out there, as the Honourable Minister who read that very touching piece said, but it was a conversation about what we were doing here that morning that kept me alert enough to see someone heading at a horrific speed at me. We had a little prayer session and the conversation went like this: What did you guys cover this morning at your prayer session? I said, We were talking about miracles. And I did not realise that . . . we always talk about feeding the 5,000 and feeding the 4,000. And at that very moment I noticed that car coming at me. And the colleagues who were with me that morning, about four or five of us who used to meet and read scriptures, I owe [them] to [have been] able to have alerted my wife who was driving. They are coming at us. And just veered off, and just about a few inches of sideswiping and nearly took her side off. We can talk about it today, but it could have been the statistic that lent itself to traffic fatalities. And that person was travelling at a tremendous speed, and the passenger therein wandered up the road, you know, also in a very inebriated state and made some comments unbeknown of what tragedy they had participated in. And I just want to take a pause, as I reflect, as other Members, like the Honourable Member Week s, whose family has to live with this tragedy for the rest of their lives. You know, my circumstance is not that special. Whilst it is to me, it pales in comparison to someone who is just that other two inches on the side of that statistic. Let me salute CADA, Mr. [Anthony] Santucci is here. Let me pay homage to Road Safety officers and Road Safety members, past and present, through their Chairman, Mr. [Dennis] Lister [III], for the work that they have done. And people like Dr. Froncioni. I was once a chai r of the Road Safety Council when I was just a little bit older than what the Honourable Member is . . . well, no, probably younger than what he is today. And, you know, you are trying your utmost to deliberate and do some things that are going to assist. But since that time, we all know that our roads have become even more cluttered and our mind- set has even changed and altered further to the worst when it comes to having even an appreciation and an understanding for what “zero tolerance” really means and is. And “zero tolerance” means that there are jurisdictions that are grappling with this situation that make it an offence if you have alcohol in your system and you are tempted to go behind the wheel. And there are jurisdictions that make penalties as suc h for persons young, between the first driving and 24, those persons who are still under our charge as parents to change their mind- set as they get older. Because as those of us who are here know, you know, the 10 years that I was referring to when I was involved in a near [fatal] traffic accident, have gone by quickly. And so the 24- year-old today, near my daug hter’s age, would be 34 in 10 years’ time. It goes by like that! So, as we look at the 14- year-olds who are the next candidates for being on bikes, and get them in the mind- set that, Hey, it is an offence to have alc ohol in your system to enter that road. That is going to change the way they address how they handle a veh icle, because a vehicle that is handled in an altered state is a weapon —against y ourself and against ot hers. You only have to . . . you know, sometimes I use Harbour Road, I mean, you know the windiness of Harbour Road. I mean, my gosh, it is difficult. Imagine negotiating some of those roads in the middle of the night with great frequency, and usually some terrible tragedies happen in the middle of the night —
Mr. Hubert (Kim) E. Swan—with only one person on the road. [There are] not many vehicles out there. And so, in our country, with only three main arteri es running east and west, predominantly, and through roads that take us north and south, as the Island progresses in that direction, we cannot widen the …
—with only one person on the road. [There are] not many vehicles out there. And so, in our country, with only three main arteri es running east and west, predominantly, and through roads that take us north and south, as the Island progresses in that direction, we cannot widen the roads appreciatively enough. That would only add to another . . . we have got to concentrate on, as we say in my trade, we have got to concentrate on the six inches between both ears. We have to concentrate on the way people think and change the way they think in this country. And we have got to take example, not from . . . I mean, if 0.8 is the amount of alcohol in our system that we measure and then countries, Northern Ireland or UK, have similar quantities that are their benchmark, but the countries that are making a dent
Bermuda House of Assembly on it and changing the mind- set are at 0.3 or zero and the like. Hey, Member, if we really want to make a difference and be able to 10 years from now, 15 years from now, the young people who are in this legislature or the young people like the Honourable Dennis Lister Junior [sic] who sits for constituency . . . , up there in the MarketPl ace area . . . yes?
The SpeakerThe SpeakerI thought you were talking about the one who sits up [at] the west.
Mr. Hubert (Kim) E. SwanBut the point I am making is: He is likely going to be a candidate here 20 years from now, Mr. Speaker, the way we are today who can reflect on what we were doing in 1983 i n the poli tical realm, when we were around, either running as …
But the point I am making is: He is likely going to be a candidate here 20 years from now, Mr. Speaker, the way we are today who can reflect on what we were doing in 1983 i n the poli tical realm, when we were around, either running as candidates, like I was, or running branches and being involved in national politics, like you were at that age before you came on the scene in 1989, Mr. Speaker.
Mr. Hubert (Kim) E. SwanSo if we want for the Honourable Member that carries your name to be able to look proudly on this day, we need to not only cover the issue at the problem end, which is what we are doing today, we also need to do . . . because it …
So if we want for the Honourable Member that carries your name to be able to look proudly on this day, we need to not only cover the issue at the problem end, which is what we are doing today, we also need to do . . . because it is dealing w ith people after they have made a bad choice, like that person who came up barrelling down North Shore Road that confronted me, we also need to do things that can affect the mind- set on the front end, so the person makes a different decision. That is where the challenge [is] that we must grapple with as we go forward in our country when it relates to road safety. I also want to give credit to the Royal Gazette. You know, I sometimes take them to task. But in January, I think it was January 26 th, they came forward with a “Drive for Change” initiative that has been co nsistently carrying the message of road safety out there. And that helps, it dovetails into what is being done by CADA [and] what is being done by the Road Safety [Chairman]. But let me just congratulate the Inter -Island Communications, HOTT 107.5 and MAGIC [102.7], as well. And I will just declare my interest, I am a radio personality there and at the beginning of this year with the appointment of the new Road Safety chairman, in January, I did have on January 7 th, in fact, I had Mr. Anthony Santucci on the show talking about road safety. And I am going to invite him back soon because not only does he have a great voice for it, but he has a tremendous passion and understanding for some of the challenges, and it is important for every opportunity. And then two weeks later, the Honourable Member, Mr. Dennis Lister III, along with Mr. [David] Minors, the Road Safety Officer, who also has a tr emendous appreciation and passion for tackling this issue, was on the show, talking about road safety, an initiative that was allowed to be carried forth by the principles, not paid advertisement, community initi atives. And we have done other since, and we will do more, but I feel that the “Drive for Change” init iative, needs to be applauded. And I applaud it because it is a step toward the type of mind- set that is necessary, and I am appreciative. The Minister of Education is very much on board with initiatives that are going to help do just that—change the mind- set of young people to allow them to live more productive lives, to have a greater understanding of how they are going better themselves both academically and socially. And so as we look to change the lifestyles of our people, I just want to say that it is a challenge that we have, really. And I guess one step forward, two steps backward initially may be something that you have to endure because what is taking place . . . sometimes you come up with a great initiative and then the very next day you might get a statistic appearing in the paper, a tourist or a local person has a serious accident, and the like. But you just have to keep soldiering on. And so I just take this opportunity to identify persons like Dr. Froncioni, and there are others who have been on the front line for many, many years, r eally advocating that Bermuda needs to do more. And I think in this regard, the Minister needs to be applau ded and I am sure with the organisations that are out there right now beating the drum for greater appreci ation for road safety in Bermuda, we will see other init iatives coming forward. But, Mr. Speaker, I will close as I opened. There are examples in our community where zero tolerance is practiced and accepted and embraced. Whether they like it or not, it is a part of their culture. We need to move in that direction in the biggest way possible. And with that comes the self -policing of an attitude that is embraced by: T his is a better way for me to live in a community as small and as sophisticated as Bermuda. The choice to put myself out of harm’s way is made early in the innings. I often talk about “innings.” Uncle Sheridan used to go in batting and batted up a straight bet. When you are going out to hang out at night, people who plan their lives plan these things in advance. But the difficulty we have in our community is that one or two people might carry that mind- set, but not enough people are so you are still in harm’s way. 2678 6 July 2017 Official Hansard Report
Bermuda House of Assembly So the article that the Honourable Minister read— which was very, very touching—and I applaud her for making that a part of her lifestyle so that her children . . . because nothing keeps a parent up late at night, especially mothers, . . . and I certainly know because, you know, when your child goes out, even if they are not driving, you stil l worry because of the company that is out there. And this has been the season of the proms and the first summers for some young people who can ride for the first time. And we all worry about them, and the ones who are coming home from university, and the like. So, Mr. Speaker, I thank you very much for that opportunity. And I thank the Minister.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Honourable Member wish to speak? We recognise . . . Minister, I was about to call on you to close up . We recognise the Honourable Leader of the Oppos ition. Honourable Member. [Inaudible interjections]
The SpeakerThe SpeakerHonourable Member, you have the floor. Hon. Jeanne J. Atherden: Well, I do not mind if there is no dinner. That means there is no drink s either. But thank you, Mr. Speaker. I think there were a couple of observations that I want to make. I must admit when …
Honourable Member, you have the floor. Hon. Jeanne J. Atherden: Well, I do not mind if there is no dinner. That means there is no drink s either. But thank you, Mr. Speaker. I think there were a couple of observations that I want to make. I must admit when one of the Members talked about that little phrase that says, Don’t drive, don’t drink, don’t even putt—
The SpeakerThe SpeakerYou are a golfer; I know you got that message. Hon. Jeanne J. Atherden: Right.
The SpeakerThe SpeakerYes. Hon. Jeanne J. Atherden: But you know what struck me? I suddenly realised that I have seen that message at home, but it is on a coaster. And I thought, Now, why is it on a c oaster? That means that there is something about alcohol. And this is …
Yes.
Hon. Jeanne J. Atherden: But you know what struck me? I suddenly realised that I have seen that message at home, but it is on a coaster. And I thought, Now, why is it on a c oaster? That means that there is something about alcohol. And this is what gets us back to the whole conversation that we are having today.
The SpeakerThe SpeakerUh-huh. Hon. Jeanne J. Atherden: And when we started to talk about why we are here, and what are we going to do to make some change, I realise that we have to start talking about a change in the mind- set at the earliest opportunity, because I remember when …
Uh-huh.
Hon. Jeanne J. Atherden: And when we started to talk about why we are here, and what are we going to do to make some change, I realise that we have to start talking about a change in the mind- set at the earliest opportunity, because I remember when my chi ldren were younger I used to be one of the parents who would go out when . . . you know, if th ey were going to the parties, I would be the one who said, Okay. Call me when you are done and I will pick you up. And that translated further when they were old enough to drink to sort of say, Well, you know, call me when you need to come home because I w ill pick you up. And then when they ended up being able to drive, it was, If you go out, always have a designated driver. And then, if for some reason your designated driver falls off the wagon . . . then my first thing was, Take a taxi and come home —even if I have to pay for it. And the second was, If you can’t get a taxi, call me and I will come and pick you up. But it made me realise that . . . and this is tal king about CADA, I realise that CADA had the . . . they had the taxis that were down by the LO M Building. Now, I used to talk to people about that and I used to talk to tourists, and the thing that they used to say to me, and I hope that this has changed, was that, The time these taxis were available was sort of like the three o’clock, and whatever , in the early morning. And they were saying that this meant that if you wanted to go home earlier, you were hanging around and hanging around waiting for three o’clock, and when you are hanging around and hanging around, you were doing nothing but drinking while you waited. So it made me think that, Hey, maybe we have to start . . . if we are going to encourage people to take taxis, then maybe you have to have them sort of at maybe at twelve, and at one, and whatever else. Now, the other thing that I am m indful of is the fact that when I was the Minister of Health I under-stood very clearly the rising cost of health. And I hear us talking about the number of [road] deaths. But I also realise that we needed to start taking into consi deration the cost to the system of people who had traffic accidents who were maimed, who were disabled, and, not only that, we needed to start to understand that sometimes these people actually had [added to] the cost of the system because they never were able to work again, they were on disability insurance, or somebody had to look after them. Therefore I used to worry about all of these costs, [and] about us not tracking all of this. And I started to find out, Was there a way to track it? Now, I suddenly realised that in the States road traffic accidents, et cetera, encompasses ever ything because a lot of times people, you know, they are driving and alcohol, et cetera, is part of it. But we do not tend here to track it in that same way. And so maybe over time we will have to star t to say that as we start to look at why we are doing this —why we are trying to save lives, why we are trying to make sure that people stay into these good habits —then the bottom line is all the things we put into place, all the education and all the other things that we put into place, we have to start doing something to see how it changes. And it is not just about the number of road deaths; it has got to be the number of people that are
Bermuda House of Assembly no longer in accidents for drink -driving, the number of people who ar e no longer harmed or maimed. And so I started to also recognise that we talked about things that we try and do to make our young people, who then get older, how we try and change the way they get up and develop and look at alcohol. And I suddenly remembered that for the longest while Bermudian hosts believed that if you were a true host you had to make sure that your guests had all they can drink and all they can eat. And you almost pushed everything on them, with a consequence that . . . you know, we hav e already talked about the size of Bermudians and the obesity and the diabetes. Well, that is the other side of too much food and too much drink. So we really do have —
An Hon. Member An Hon. MemberThere is sugar in alcohol. Hon. Jeanne J. Atherden: Well, that’s it. P eople are also not recognising that. I know that very carefully [that] there is a lot of sugar in alcohol. But all of this is part and parcel of us starting to have to recognise a change …
There is sugar in alcohol. Hon. Jeanne J. Atherden: Well, that’s it. P eople are also not recognising that. I know that very carefully [that] there is a lot of sugar in alcohol. But all of this is part and parcel of us starting to have to recognise a change in how we live and an understanding of the things that we do, what im pact that it has on us. Now, I also, when I started to look at the ques tion of the designated driver, which we are encouraging people to do, I remembered about the TIPS programme and I remembered about the househol ders being . . . making them alert to the fact that if someone left your house and had drunk too much and got into an accident that, potentially, you could be li able. But I must admit, and I wonder if the Minister or someone could tell us, I have not heard of anybody who has actually been (if you will) brought up or charged where somebody has had an accident and, as a consequence of the accident, has been invest igated and determined that they were already drunk by the time the person was served and therefore the ot her person that did the serving, indirectly, was the cause of the accident. Because it reminded me when I looked at this legislation, I wanted to know that if the police by doing this roadside sobriety test, come up and they find somebody is actually impaired, do they do anything or will they do anything to go back and find out how the impairment occurred? Because especially if you start to have people, where you are doing these tests, they are going to be . . . let’s say at the end of the lane, Front Street, or wherever, somebody is comi ng out of town, then the likelihood is that this person was act ually at some establishment and drank and became impaired. So I just wondered if the Minister could let us know whether, when this legislation comes into effect, there will be any extension to it where the police might go back and charge an establishment who has served the person who failed the test. That was my curiosity question. The other thing was that I do not know . . . I know my colleague here was talking about when she was getting her licence in the States, having to go through a programme that lets you see what happened to your brain when it is subject to alcohol. I think that this is the type of thing that many of us need to understand because too often . . . you know, you are talking about people taking away people’s keys. But you are not always recognising that it is not just . . . usually when you are taking away the keys, it is because the person who is driving the car is the person you are taking keys away [from]. But sometimes w e have to think about persons who have the keys and there is somebody else getting in the car with them to go home. And then that person really should be making an assessment as to, Is that person capable of driving? Or should they be saying, I am going to drive in place of you. Or, Both of us are going to take a taxi home because our lives are so important to each other that we need to make sure [something bad] doesn’t occur. So I am mindful of the fact that all of us are trying to make sure that we do not have things that result in people having accidents as a consequence of overuse of alcohol. We are trying to put things in place to make sure that the police are able to exercise their responsibility with respect to people driving under the influence or dr iving without care, et cetera. So I wanted to make sure that when we talked about all of this that we all agree that we are in support of all of this. Everything that each one of us is saying here is because we want to make sure that, as I say, the cost goes down, the impact goes down, and we do not want to have anything with respect to any sort of pr ofiling. But when I first heard that they were going to let people know when it was going to take place, and let people know sort of the general area, I thought, Oh, is that going to be any good? But the bottom line is, the more things that you can do to sort of encourage people to let them know where you are to stop them doing things, then I think it is a good thing. And I say that because it is like when you have the traffic stops, when you have the police with their speed guns. You know, when somebody is flashing you [with] their lights to let you know that the police are down there, well, you tend to slow down and you tend to actually drive a little better. So it is important for us to try and do things to improve our habits to make sure that we do not drive under the influence. And I believe that anything that we can do with respect to education and marketing and making sure that people drink responsibly is going to be very important. Because the bottom line is, I know as governments, we tend to increase the price of alcohol, wine, et cetera, but that does not seem to slow people down. The dollar amount does not reduce the amount of alcohol that people drink. So maybe we have to try and see if we can stop them by at least 2680 6 July 2017 Official Hansard Report
Bermuda House of Assembly letting them know that there are some consequences out there and that they would not want to have those consequences, even if it just means that they are g oing to be inconvenienced while they go through the test. It is important and I am glad that it has been reiterated here that everybody goes through the checkpoint, because the last thing we want to do is have people feeling that we are putting something in place and [if] somebody knows you, you get to go by. We want everybody to do this because sometimes the people that people know, are the people that are also the offenders. So it is very important that we stop ev erybody from doing this. So the fact that it is just random . . . and I think someone asked about why we are having people [receiving] training. Well, I think the reason why we have to have people trained is, one, to give them the courage and confidence to do the randomness. Two, to be able to stand up when people start to push back or get a little alarmed so that they can actually carry out their duties and make people realise that there is a good reason for doing this and respect them, and be respectful of the persons that they are going to have to actually put through this pr ocess. So with that, I would like to say that we are supportive and we would like to think that at some point in time the Minister, or someone, as I say, will start to look at some of the statistics that we have with respect to people being injured and putting these things in place and giving us some statistics back, maybe on a quarterly basis or something, when they start to put this into effect to say how many people were randomly stopped, how many people were act ually found to be under the influence. Because that does two things: It lets people know that it is out there and it is working, and it also lets people know whether it is having the desired effect in terms of people stopping and the numbers going down, the numbers of people under the influence. I am a firm believer in if you put things in place, there has got to be some way in which you test and make sure that the systems are working. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I recognise the Honourable Member f rom constituency 1. Honourable Member.
Mrs. Renee MingGood. Good. I know we are sitting on the other side for other things right now, but I just wanted to t hrow my support behind this amended Bill that is before us here today. I am sort of encouraged to hear that both sides see the need for this …
Good. Good. I know we are sitting on the other side for other things right now, but I just wanted to t hrow my support behind this amended Bill that is before us here today. I am sort of encouraged to hear that both sides see the need for this legislation and what it actually means and what it is going to enact. Mr. Speaker, this is one of those things that we have to do to save lives. So I am, like I said, I am encouraged and I also just took some time to look at a little bit of some of these statistics with regard to deaths on our roads. And we actually have a total from 1997 to 2017 of 226 deaths. That i s 226 too many, Mr. Speaker, if you ask me. But if you go through . . . you can actually get the information off of CADA’s website. It gives you like each year and how many persons lost their lives in terms of road traffic accidents. But of particular mention for me was 2002, Mr. Speaker, because in 2002 we actually lost two people to road traffic accidents. And if you compare that to all the other years where we had 7, 17, 10, 6, 11, and three years of 9, three years of 13, it does make me want to questio n, What did we do in 2002 so that we were able to have that number at two? Which is still two too many. So my comments today would actually be that I hope that we can go back. And I know that it may be 16 years ago, but I hope that we can go back and look at 2002 to see what the strategies were at that time which may have been used to combat drink -driving. Because if it worked, and it does look to have either reduced or just gotten rid of the number altogether, then I think it is worth going back and having a look at it. So I am encouraged, like I said, with regard to this legislation. Our end goal is that we would like to save lives. It is also one of those promises that came from the Bermuda Progressive Labour Party and I am glad to see that we are fulfil ling it and I look forward to the positiveness and the reduction, the hopeful reduc-tion, in stats going forward. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Minister? No one else minds me calling on the Minister, do they? Thank you, Minister. You can do your wrap- up now. Hon. Walter H. Roban: Thank you. I would like to firstly thank all the Members who have contributed to this debate on this Bill, …
Thank you, Honourable Member. Minister? No one else minds me calling on the Minister, do they? Thank you, Minister. You can do your wrap- up now.
Hon. Walter H. Roban: Thank you. I would like to firstly thank all the Members who have contributed to this debate on this Bill, this general debate. I am appreciative that the Opposition sees fit to support the direction that we are taking with this. I do hope this is seen more as legislation . . . fine, we are the Government that are implementing it. But this is a culmination of work that has gone over many years. There has been much debate between different Governments as to the approach that took up a number of different questions and it has finally got here. I think this is the point, because this is about achieving a goal of saving lives for all of our citizens irrespective of who they are, where they sit, and what they do. We are trying to make our roads safer.
Bermuda House of Assembly We are trying not to lose any more gener ations of 17, or 16, or anyone, as the very moving reading by the Honourable Member who sits for constit uency 34 read to us. That was certainly a moving letter, which I think speaks to the heart of some of the pain that many Bermudians have felt as a result of losses and injuries on our roads. I would also certainly like to take note of the fact that the head of CADA has been here, Mr. Antho-ny Santucci. It has been a long campaign by CADA to bring Roadside Sobriety Checkpoints to Bermuda. I can remember previously, as a Transport Minister, having a bit of an exchange with Mr. Santucci on this issue, and this was some years ago. So, the passion and dr ive of CADA to attack the whole question of road safety and the influence that alcohol has on it has been consistent. And their consistent support for roadside sobriety testing has certainly influenced all the administrations since their existence. So, [it is a] credit to them. We have the presence of former Road Safety Chairman, Mr. Carlton Crockwell, in the audience as well. His work as a Chairman of the Road Safety Council was in this direction as well. So, there are many in this country who have made an effort, mot hers and families who have lost their loved ones to road accidents. This is legislation that speaks to what they have for many years wanted us to begin to put in place. So this is legislation for everyone. And hats off to all who have contributed to trying to get it to this point. There are questions that I would like to answer, Mr. Speaker, that were posed by Members of this House. I would like to go through those as quickly as I can. • Why wasn’t more of the UK legislation put in here in devel oping our legislation? The answer to that is that Bermuda has a Constitution that guarantees [Protection of] freedom of movement, section [11] of the Constitution. So our legislation must and does take that into account. It is not the same as the United Ki ngdom. I think as we all understand, they do not have a written Constitution, so it is not possible for us to copy and paste certain legal aspects of UK law. • The question was to explain the ways the police have to set up checkpoints. As has been outlined in the brief and is craf ted in the legislation, after receiving written authoris ation from the senior magistrate and the publication of the roadside checkpoint notice–– the checkpoints as they appear in the notice will have just the date and the parish–– [the checkpoints will] be conducted according to the protocols established by the police. Those protocols will be established by the police, those guidelines will be drafted by them, they will be made available to all of us once they are done. But that is a m atter for the police because it does pertain to operational matters upon which they have purvey. That is not the responsibility of the Government around the operations, but those are the guidelines that certainly we will have sight of and they will be made known to everybody once they are drafted. But that part is being handled by the Police Service. • Why is section 315F [of the Criminal Code] okay as is, but with this legislation we have to give notice? Essentially, we do have a different provision here, di fferent from [section] 315F. I think a number of learned Members and others explained why. Section 315F was a particular provision that was crafted for a totally different circumstance. It was not a traffic - related provision. It was drafted, essentially, as our form of (if I can just be blunt) terrorism legislation. It was to deal with a particular situation that we had that pertained to law and order. It pertained to that. It was not appropriate for this particular type of situation to do with road traffic , so we have a provision in our law which is designed differently than [section] 315F. And I think we need to be blunt about a few things. [Section] 315F has arguably been the source of some controversy because of the profiling that has come to be associated with it being deployed. We did not want that to be a part of this legislation. A part of the discussion over the years around this, I think ev erybody who has been a part of it (a former Minister of National Security sits in this House) knows that the issue of discrimination and profiling by the police was considered to be a big issue around this, and protec ting the rights of those who might find themselves confronting a checkpoint. So that was very much [a strong point] in our considerations as we draft ed this Bill. [Section] 315F was not appropriate. Absolutely not! To just copy and paste and put it into this framework, it just was not.
Hon. Michael H. Dunkley: Point of clarification, Mr. Speaker.
The SpeakerThe SpeakerMinister? Hon. Walter H. Roban: I will yield but only briefly. POINT OF CLARIFICATION Hon. Michael H. Dunkley: Oh, yes, thank you. Just in regard to the point of clarification, I do not think anyone on this side said we should copy and paste [section] 315F. The comparison I made …
Minister? Hon. Walter H. Roban: I will yield but only briefly.
POINT OF CLARIFICATION Hon. Michael H. Dunkley: Oh, yes, thank you. Just in regard to the point of clarification, I do not think anyone on this side said we should copy and paste [section] 315F. The comparison I made was that [section] 315F was much more stringent and imposing than this legislation. [So] why the difference by the same Government?
Hon. Walter H. Roban: I certainly did not say that anybody said copy and paste. That was my language because essentially it was sugges ted that we should use it. So it was to, in informal language, would be a copy and paste. But I did not suggest that they said 2682 6 July 2017 Official Hansard Report
Bermuda House of Assembly that. But [section] 315F, for its use, was inappropriate for this legislation, for what we are seeking to achieve. I think that i s the point that I have been trying to make in this, Mr. Speaker. • The next question was, the senior magistrate has to give notice. What happens if there is a situation where the senior magistrate is called as a witness? The answer to that is that the senior magi strate would not be called as a witness. His written au-thorisation would be what is used as evidence. The senior magistrate has been consulted and involved throughout the development of this legislation. • The next question. We should be doing drug tests as well. The answer to that is we are implementing sobriety and alcohol testing at this time. We will gain proficiently and experience with the deployment of this legislation and then we will look at doing other things. I think the Member did add to hi s question: • Is that coming next? Yes, but we must be proficient as this is new legislation. It is deploying a new procedure that will be tested by law and we want to make sure that we get it right before we do anything else. So, this is the first phase of dealing with a larger question that I think we all know that we are aware of. • Has the budget for the Bermuda Police Service been increased for this? No, not at this time. The cost will be absorbed by the normal police training budget, at this time, becaus e their focus is frankly on the training and being prepared to deal with roadside sobriety checkpoints at this point. That is where their focus and priority is. • Has the device been chosen? How much is it and in whose budget? It will be in the Police Servi ce’s budget. The device has been chosen, Mr. Speaker, and identified, and there will be an order issued which will identify it in the legislation once that process is completed. The final costs have not yet been determined because there are other parts to this that will have to be f inanced, so that is part of the process that the police will go through. We will know as some point what those final costs will be. • How will the police pay for training? It is within their normal budget allocation for training, Mr. Speaker. The statement, or question, by the Honour able Member who put this question was: • Only one Bermuda Police Service doctor can draw blood. What can be done to address this matter? The answer is that there are actually 21 trained phlebotomist s. An d if those in the audience want to know what a phlebotomist is, it is a technician who is trained to take blood. That is what that defini-tion is, for the benefit of the listening public and ma ybe some of the people in this House. All will be ap-proved to undertake this [procedure] by order by m yself or by the Minister of Transport, whenever that time comes, as under the Road Traffic Act, Mr. Speaker. I hope that suffices as an answer. • Why was there no police representative at the Operation Caution press conf erence? Bear in mind that it is kind of a separate matter from this, but it was a question asked during the general debate. The National Security Minister who has responsibility for the Government for police mat-ters was there. So that was seen as satisfact ory and was a full participant in the Operation Caution preparation and was integral to that particular Road Safety Plan which the Government has deployed, Mr. Speaker, which is for 2018 to 2023. • Why is there no police representative on the Road Safety Co uncil? That is untrue. There is a police represent ative. Robert Caldwell is appointed by the Council, is a member of the Bermuda Police Service, and sits on the Council. Some other questions that were presented,
Mr. Speaker• How is the checkpoint going to be applied to avoid profiling? That is why the law is specifically drafted to ensure that every single car (or vehicle) that comes to the checkpoint goes through. I have verbalised r epeatedly, if I, in GP2, drive up to the checkpoint, I …
• How is the checkpoint going to be applied to avoid profiling? That is why the law is specifically drafted to ensure that every single car (or vehicle) that comes to the checkpoint goes through. I have verbalised r epeatedly, if I, in GP2, drive up to the checkpoint, I have to go through. I am not excluded because I am the Deputy Premier or driving a government car. [The same as] perhaps another Member who is driving their private car, they will also have to go through. So there is no profiling, and it is designed to minimise any possibil ity of profiling. We do not live in a perfect world, but this law has been constructed to do that. Obviously, in this application, we will learn more. I think Members can appreciate that. If those abnormalities appear, they will be addressed aggressively. I repeat: I will not stand for seeing a profiling regime come out of this because that is not what this is for. This is for preventing deaths on our roads. It is not to extract people to be subject to other police issues. It is not for that. I stand as a Minister adamant [about] that. This was not to do that. I will not tolerate seeing this provision which was to save lives of our citizens to be used in that way. Absolutely not! • Another question was, What about notification of the checkpoint? Can they make advance notice (is the suggestion). The public notice will just say the date and the time. The idea is to start a process now of changing behaviour. I think we all have had the experience, Mr. Speaker, over the years, of the police hiding in the bushes wa iting to catch us by radar. Right? I think that is an era that we would like to see go away. And I do believe the police have made a change in that. If we are about slowing down traffic, if we are about stopBermuda House of Assembly ping people from doing and carrying on with irres ponsible behaviour on the roads, if we are about changing behaviour, it is more important that the police have a presence, a visible presence, in our view, rather than hiding in the bushes and catching you out. That seems like that is more about collecting revenue than about actually promoting safety. Now, perhaps the Honourable Minister for N ational Security when he returns can clarify, but it is my understanding from the Minister that they are moving the police away from that sort of tactic, when it comes to the managing of traffic. So this is not going to operate that way because we feel that it is best you know that there is a roadside checkpoint coming up, and that will change your behaviour. You know that on Saturday night when you are out at the Yacht Club or the Dinghy Club or wherever you might want to party, or down at Harry’s, or wherever, getting your wines in, that down at East Broadway there is going to be a checkpoint —or somewhere in Paget, there is going to be a checkpoint is more important —you will be more cautious with how you conduct yourself. That is the approach—changing behaviour, changing what we do, rather than trying to catch us out, that is the whole thing. Everybody today has talked about we are looking to change behaviour. I think t hat has been the message that everybody has tried to put, that this is important. Another question came up about education. • Introduce the sobriety conversation at a young age. We will take this one under advisement, Mr. Speaker. The road safety strategy, O peration Caution, indicates that we are looking to add road safety pr ogrammes to the curriculum, and the goal is to start this in primary school. That is part of the changes over the next five years, so that is what we are doing. Another question came from Members: • If you are stopped by an officer, and he comes to your car, are you subject to another type of investigation? You may pass the alc ohol test, but there is a smell of marijuana. Hmm. This is a very interesting question. Again, this might bring in the issue of profiling. Again, our focus is not to make this legislation more than about sobriety. But I think it has already been said, if you are conducting activities which may be illegal, the police will be hard- pressed to ignore that, even if you came up to a sobriety checkpoint. Like, if you do not have your seatbelt on, or perhaps they smell som ething coming out of the car. Those are still offences, Mr. Speaker. So, I am not suggesting . . . I think the main thing is that the intention of these chec kpoints is not to catch people out doing that. This is about sobriety. This is about preventing people from doing things that might cause accidents or death on the road, principally. But these are the sorts of things that we will see how they happen as the checkpoints are deployed and how the law applies and how it works, but we will deal with that as it comes. These are interesting questions. The Bill is about sobriety and dealing with that exclusively. But if you are doing stuff that is illegal as you are driving your car right now, the police can stop you right now. They do it right now. If that happens, if they stop you and they smell something coming out of your car, they will deal with you. And we know that this is now the practice, right now. This type of checkpoint is not g oing to change their application of the law. Mr. Speaker, some other questions I just want to quickly answer. • Will the police do something about the person who served someone who is drunk? The answer is no. The Bermuda Police Service does not have such legislation in place. • Will the police find out how the drunkenness has occurred? Again, no. The police do not have the author ity. That is way beyond their current remit. Those are the questions that I have answers for, Mr. Speaker. With that I do move that the Bill be committed.
The SpeakerThe Speaker[Microphone not on. 02:55:46] House in Committee at 4:56 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL ROAD TRAFFIC (ROAD SOBRIETY CHECKPOINTS) AMENDMENT ACT 2018 The Chair man: Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Road …
[Microphone not on. 02:55:46]
House in Committee at 4:56 pm
[Hon. Derrick V. Burgess, Sr., Chairman]
COMMITTEE ON BILL
ROAD TRAFFIC (ROAD SOBRIETY CHECKPOINTS) AMENDMENT ACT 2018 The Chair man: Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018. Minister, you have the floor.
Hon. Walter H. Roban: Thank you, Mr. Chairman.
The ChairmanChairmanMinister, do you want . . . the amendment — Hon. Walter H. Roban: Yes, Mr. Chairman. I wish to—
The ChairmanChairman—do you want to pass that out? Hon. Walter H. Roban: Oh, I’m sorry. Yes, Mr. Chairman. Perhaps the Sergeant -at-Arms has copies of the amendment?
The ChairmanChairmanThe Opposition and everybody has that? 2684 6 July 2017 Official Hansard Report Bermuda House of Assembly [Inaudible interjections] Hon. Walter H. Roban: Oh, I’m sorry. It has already been passed out.
The ChairmanChairmanIt has been passed out? Hon. Walter H. Roban: Do you have a copy, Mr. Chairman?
The ChairmanChairmanI just got it. Hon. Walter H. Roban: Okay. Thank you, Mr. Chai rman. Thank you. Mr. Chairman, I would like to move clauses 1 through 4, if you permit.
The ChairmanChairmanContinue. Yes. Hon. Walter H. Roban: Mr. Chairman, the purpose of this Bill seeks to amend the Road Traffic Act 1947 (“the principal Act”) in relation to roadside sobriety checkpoints and to make consequential amendments. Clause 1 is the short title. This Act may be ci ted as the Road …
Continue. Yes.
Hon. Walter H. Roban: Mr. Chairman, the purpose of this Bill seeks to amend the Road Traffic Act 1947 (“the principal Act”) in relation to roadside sobriety checkpoints and to make consequential amendments. Clause 1 is the short title. This Act may be ci ted as the Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018. Clause 2, section 1 [of the principal Act is amended to] change the name of an “approved i nstrument” to an “approved breath analyzing instr ument.” [Secondly, it] inserts a new definition of an “approved breath testing device” and [thir dly, it] expands the definition of “qualified technician” to include a person qualified to operate an approved breath testing device. Clause 3 inserts sections 35BA to 35BG into the Bill to provide — (1) for the administration of preliminary breath test and preliminary impairment test (sections 35BA and 35BB) if a person is stopped for an offence under section 35 (causing death when driving under the i nfluence), [section] 35A (driving over the prescribed limit) or [section] 35AA (driving under the influence) offences for or in a road sobriety checkpoint; (2) for the conduct of road sobriety chec kpoints (section 35BC) on written authorisation of the senior magistrate or an officer of or above the rank of superintendent in matters of urgency. This would be relevant for unorganised events which occur, such as, as sporting team wins a match and then has a pop- up celebratory event somewhere in the Island; (3) that an officer of or above the rank of s uperintendent shall publish a [road] sobriety checkpoint notice (s ection 35BD) in the Gazette no more than fourteen days and no less than five days prior to the date of a road sobriety checkpoint as provided in an authorisation from the senior magistrate. One of the Government’s aims is to curb drinking and driving. Residents will have ample time to prepare for a night out, including making arrangements for transportation if they are planning to drink alcohol; (4) for preliminary testing in a road sobriety checkpoint (section 35BE) and creates the offence of failing witho ut reasonable excuse, and refusing to submit to a preliminary test in a road sobriety chec kpoint; (5) for the arrest of a person without a warrant (section 35BF) at a roadside sobriety checkpoint if a police officer reasonably suspects, as a result of a preliminary test, that the person is driving over the prescribed limit (section 35A) or driving under the i nfluence of alcohol (section 35AA). Clause 4 amends section 35H of the principal Act by changing the time required between the admi nistration of the tw o substantive breath tests from “fi fteen” minutes to “five” minutes. With that, Mr. Chairman, I move those clauses.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Member, Michael Dunkley. You have the floor. Hon. Michael H. Dunk ley: Thank you, Mr. Chairman. Mr. Chairman, in clause 3, preliminary breath test, [section] 35BA(1), says: “A preliminary breath test is a procedure where a person provides a sample of breath …
Any further speakers? The Chair recognises the Honourable Member, Michael Dunkley. You have the floor.
Hon. Michael H. Dunk ley: Thank you, Mr. Chairman. Mr. Chairman, in clause 3, preliminary breath test, [section] 35BA(1), says: “A preliminary breath test is a procedure where a person provides a sample of breath to be used for the purpose of obtaining, by an approved breath testing device, an indication of the presence of alcohol in the person’s blood.” Will there be one specific device approved, or would they be open to having a variable number of devices, depending what is the most appropriate, d epending on changes in tech nology over time?
The ChairmanChairmanAny further speakers? Minister, you have the floor. Hon. Walter H. Roban: Mr. Chairman, the device will be a specifically prescribed device that will have to be tabled as an order by myself or the Minister of Transport to specifically prescript it, and no other breath testing device will be …
The ChairmanChairmanAny further speakers? The Chair recognises the Mr. Dunkley. Hon. Michael H. Dunkley: I thank the Honourable Minister for t hat. I think the Honourable Minister in the open debate said that the device had been picked out. Is the Honourable Minister in a position to name the type of …
The ChairmanChairmanMinister. Hon. Walter H. Roban: Not at this time, as the police are going through their training and review and work Bermuda House of Assembly with whom they are preparing to, I believe, be trained on that device. Once I am aware of what has been done finally, I certainly …
Minister. Hon. Walter H. Roban: Not at this time, as the police are going through their training and review and work
Bermuda House of Assembly with whom they are preparing to, I believe, be trained on that device. Once I am aware of what has been done finally, I certainly . . . this House and the public will know once the order is made public and every one will know what that device is.
The ChairmanChairmanMr. Dunkley. Hon. Michael H. Dunkley: Thank you, Honourable Chairman. Let me try to clear up in my mind just the way this is going to take place, because I appreciate the open debate. So, let me try to s implify it for my que stion to the Honourable Minister. …
Mr. Dunkley. Hon. Michael H. Dunkley: Thank you, Honourable Chairman. Let me try to clear up in my mind just the way this is going to take place, because I appreciate the open debate. So, let me try to s implify it for my que stion to the Honourable Minister. Typically and normally a senior police officer will have to apply to the senior magistrate to get per-mission to set up these roadside sobriety checkpoints. However, it looks like in the Act here, the top of page 3, clause 3, section 35BC(2), “If a police officer of or above the rank of superintendent reasonably suspects —(a) that incidents involving the consum ption of alcohol may take place; and (b) that it is necessary to establish a road sobriety chec kpoint . . . he may, with the written authorization of the Senior Magistrate, establish and conduct road sobriety chec kpoints.” Does this allow the police to deal with the unusual circumstances, as in the clause where there would be a pop- up celebration that is going to take place? The Minister is shaking his head, so it does. But that clause that I just read, the line in section 35BC(2), after (b), it says “ he may, with the wri tten authorization of the Senior Magistrate, establish and conduct road sobriet y checkpoints. ” So the police would theoretically have to call in to a senior magi strate at eleven o’clock at night, because there is a pop-up celebration and they reasonably suspect there are going to be challenges. So the senior magistrate would have to give written permission for that. Wouldn’t it be easier for the process [if] the senior magistrate says, Yes, you have my verbal commitment and the written permi ssion will be done, and it is collected in the morning? Because I have to believe that sometim es it might be hard to get a hold of a senior magistrate, and too the police will have to go and collect the written permi ssion, and by that time the celebration could have moved on.
The ChairmanChairmanMinister. Hon. Walter H. Roban: Thank you, Mr. Chairman. I think that that is a very good question. And I am happy the Honourable Member asked it, because we have done quite a bit of work with the senior magistrate on this, and even the senior magistrate is fully supportive …
Minister. Hon. Walter H. Roban: Thank you, Mr. Chairman. I think that that is a very good question. And I am happy the Honourable Member asked it, because we have done quite a bit of work with the senior magistrate on this, and even the senior magistrate is fully supportive of this process. The senior magistrate himself has prescribed the way this should be done. It could be just as you say, a phone call by an officer higher than the level of superintendent above, makes a call to the senior magistrate, they have a convers ation, the senior magistrate then types an email with a written permission from him to the senior officer sa ying, I give you permission. It can be as simple as that. This is with the consent of the senior magi strate; he has approved this way because he himself wants to ensure that we have an expedited process that can work under these circumstances. So it can be as simple as him writing an email that says, I, the se nior magistrate, consent to the checkpoint that you have requested as prescribed.
Hon. Michael H. Dunkley: Thank you. That answers the question and clears it up, I am sure, for Members of the House and for people listening. So, staying on, Mr. Chairman, . . . clause 3. I am still on page 3, but [now on section] 35BC(3). It says, “An officer of or above the rank of superinte ndent may gi ve written authorization for a road sobriety checkpoint if it appears to him that it is required as a matter of urgency. ” So in this case, Mr. Chairman, just to be clear, the senior magistrate can be bypassed.
Hon. Walter H. Roban: No, because the senior magistrate upon being communicated to by the superi ntendent, can say, I’m sorry —
The ChairmanChairmanI think you had better read that, Mini ster. Read (3). Hon. Michael H. Dunkley: Let me clarify, because if it is the case, then that clause does not read right . It says, “ An officer of or above the rank of superinte ndent may give written authorization for …
I think you had better read that, Mini ster. Read (3). Hon. Michael H. Dunkley: Let me clarify, because if it is the case, then that clause does not read right . It says, “ An officer of or above the rank of superinte ndent may give written authorization for a road sobriety checkpoint if it appears to him that it is required as a matter of urgency. ” It does not say anything about r eferring to a senior magistrate.
The ChairmanChairmanMinister. Hon. Walter H. Roban: Let me clarify. Yes, but he has to notify the senior magistrate of the steps he has taken. Without having given notice to the senior magistrate, that checkpoint could be considered to be un-lawful. But a notic e must be given even if he, as …
Minister.
Hon. Walter H. Roban: Let me clarify. Yes, but he has to notify the senior magistrate of the steps he has taken. Without having given notice to the senior magistrate, that checkpoint could be considered to be un-lawful. But a notic e must be given even if he, as a matter of urgency, sets up the checkpoint, notice has to be given to the senior magistrate of the checkpoint being set up— in a matter of urgency.
The ChairmanChairmanWell. Hon. Walter H. Roban: As soon as practically poss ible.
The ChairmanChairmanOkay, so that means the . . . go ahead. 2686 6 July 2017 Official Hansard Report Bermuda House of Assembly Hon. Michael H. Dunkley: I understand that, Mr. Chairman, so that means that there is going to be a little bit of a grey area because “a matter of …
Okay, so that means the . . . go ahead.
2686 6 July 2017 Official Hansard Report
Bermuda House of Assembly Hon. Michael H. Dunkley: I understand that, Mr. Chairman, so that means that there is going to be a little bit of a grey area because “a matter of urgency” can mean that the senior officer says to his colleagues and everyone, We need to set that up right away. I don’t have time to type the email, but I will get to it as soon as I can.
Hon. Walter H. Roban: I understand the description of the Honourable Member, but I do not believe that is how it will g o because the Honourable Member knows that for that checkpoint to be effective and lawful with whatever they are trying achieve, the senior magi strate must be made aware, even if it is a matter of urgency, within a very reasonable amount of time. It would be like the senior magistrate himself, if that does not happen, he could himself consider . . . okay, declare that checkpoint as not being properly set up. Because ultimately in the end, the senior magistrate must be given notice that a checkpoint has been established, if it is being done as a matter of ur-gency, it has to be done within a reasonable amount of time.
Hon. Michael H. Dunkley: The Minister had me there until “a reasonable amount of time” at the end. I am not a . . . I appreciate the explanati on, Minister. I am not a parliamentary draftsman, we have experts that have done a good job and I am well aware of the work they do. So perhaps maybe those who have the responsibility and the knowledge can show me how we deal with that aspect of when it can happen. Because the Government has come with le gislation today which we support, and they are allowing the process for people to understand what is taking place. They are allowing people to be notified of what is happening. We are trying to change habits rather than [use] the heavy stick, which does not always work (in some people’s minds), in getting people to understand the seriousness of what we are trying to do. However, if there are grey areas in here that can be used at appropriate times and called into question by those who might be caught up in the law, I think it behoves us now to try to make sure . . . at least we get an understanding of how they can be used, or tighten it up to make it appropriate.
The ChairmanChairmanThe Chair recognises the Honour able Member, Mr. Pearman.
Mr. Scott PearmanMr. Chairman, I was going to rise just on the same point. I see exactly what the Minister is trying to achieve, and indeed, the former Attorney General on the Government’s side, now the Minister of Health, spoke to this point earlier, because there is a constitutional issue here. The …
Mr. Chairman, I was going to rise just on the same point. I see exactly what the Minister is trying to achieve, and indeed, the former Attorney General on the Government’s side, now the Minister of Health, spoke to this point earlier, because there is a constitutional issue here. The constitutional issue is that the police should not be able to exercise extraordinary powers without supervision by the judiciary. And this Bill has been very carefully crafted in o ne section, subsection (2), to make sure that what I am calling the “extraordinary powers of the police,” are supervised by the judiciary. I commend that and I commend the Bill, generally. Where I think this Bill, respectfully, runs into a bit of trouble is the next subsection. And it is there where the police are able to exercise extraordinary powers, only in a “matter of urgency.” Now, we have heard from the Minister what a matter of urgency may mean, it is where a sports team suddenly wins a game in the World Cup, perhaps Portugal, it was unantic ipated, there is a pop- up party just down the road—
Hon. Michael H. Dunkley: That did not happen.
Mr. Scott PearmanThat did not happen. But we are trying to speculate as to what this might be targeted at. Respectfully, if there is a matter of urgency, I think what that section is trying to deal with is not just a matter of urgency, but a matter of urgency and where …
That did not happen. But we are trying to speculate as to what this might be targeted at. Respectfully, if there is a matter of urgency, I think what that section is trying to deal with is not just a matter of urgency, but a matter of urgency and where it would not be practicable to obtain authoris ation of the senior magistrate. I think that is w hat it is trying to get at. Something that is so urgent that I am not able to call the senior magistrate. I am not able to get that email. And respectfully, if that is what this subsection is seeking to deal with, where it is not practicable to get the authorisation of the senior magistrate, then it should say so, because otherwise there is a risk that there will be constitutional challenges to this subsec-tion based upon what is urgent and what is not urgent and based upon the exercise of extraordinary pow ers by the police without supervision. I make that point because if you go down a li ttle bit further, at subsection (5) where that has ha ppened, where there is an urgent occasion and the police exercise those extraordinary powers without ref-erence to the m agistrate, they then have to notify the magistrate. Respectfully, that does not work either, because what happens where the extraordinary power of the police is exercised, they notify the senior magi strate, and the senior magistrate says, Well, I would not have authorised that. There is no answer in this subsection. So, respectfully, my respectful suggestion to the Minister, again, commending the Bill, commending the attention, commending [subsection] (2) with the oversight by the senior magistrate, is perhaps to just discuss further with the senior magistrate how [su bsections] (3) and (5) might be tweaked further, just to work in practical terms, to avoid unnecessary litigation by way of a constitutional challenge which the lawyers of the world will no doubt think up. Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises Mr. Dunkley. Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you. And I thank my honourable colleague for the input. And just one further question to the Minister: I know the t echnical officers are probably scribbling away notes so that we have …
Any further speakers? The Chair recognises Mr. Dunkley.
Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you. And I thank my honourable colleague for the input. And just one further question to the Minister: I know the t echnical officers are probably scribbling away notes so that we have a better understanding. On the same page, but [subsection] (8) of that clause, it says, “ For the avoidance of doubt, subject to subsection (3), a road sobriety checkpoint shall only be conducted on the written authorization of the Senior Magistrate. ” So, trying to clear up the rest of it, why is there a need for that clause in there? What is the sp ecific reason for [subsection] (8) being in there?
The ChairmanChairmanMinister. Hon. Walter H. Roban: Going back to the earlier comments, we do not believe there is any grey area in this, Mr. Chairman. If you will permit, because we believe that [subsection] (5) prescribes exactly how the officer has to conduct himself when acting under that matter of urgency, …
Minister.
Hon. Walter H. Roban: Going back to the earlier comments, we do not believe there is any grey area in this, Mr. Chairman. If you will permit, because we believe that [subsection] (5) prescribes exactly how the officer has to conduct himself when acting under that matter of urgency, because the officer has to prove to the [senior] magistrate, when he does give the notice, that it was a matter of urgency. And the [senior] magistrate certainly has a right to decide if that was actually appropriate or not. Right? Because then the last steps of ultimate authorisation is [with] the senior magistrate, which I believe, is what [subsection] (8) [says], “ For the avoidance of doubt, subject to subsection (3), a road sobriety checkpoint shall only be conducted on the written authoriz ation of the Senior Magistrate. ” So the [senior] magistrate has to approve whatever written authorisation that he receives from, or written request that he receives from the senior officer, even if it is after the matter of urgency. So he will have to feel that it was acceptable or not. The ultimate approval [lies] with the senior magistrate, under whatever circumstance that request is made.
The ChairmanChairmanMr. Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. Chairman. I appreciate the explanation, but i n a matter of urgency . . . I want to be clear. Is it possible or not possible that officers can set up a checkpoint without that authorisation being received back from the …
The ChairmanChairmanMr. Deputy Premier. Hon. Walter H. Roban: Mr. Ch airman, the clause is clear that the last step for any full authorisation is the senior magistrate for the conducting of the checkpoint, whether it is requested in the normal process through the five to fifteen days, or under the matter …
Mr. Deputy Premier. Hon. Walter H. Roban: Mr. Ch airman, the clause is clear that the last step for any full authorisation is the senior magistrate for the conducting of the checkpoint, whether it is requested in the normal process through the five to fifteen days, or under the matter of urgency. The off icer . . . and remember, let’s be clear now, because I do not want people to use this “officer” term lightly. The “officer” by definition, is “superintendent or above.” It has got to be the superintendent or the most senior, highest level of the Police [Service]. It is not going to be your desk officer or your sergeant that is making this request. It is at the senior level, up to commissioner, so superintendent, right? Senior, going up the ladder. So we are not talking about, let’s say, general officer. I t hink that is what people are concerned with. No, the most senior person who understands how this must act in law. They certainly would not want to set up a checkpoint that might ultimately be declared unlawful. So, they know that if they do act in a matter of urgency, they must, virtually immediat ely, make sure that the [senior] magistrate is informed and made aware of the circumstances that they are setting it up. And it is the prerogative of the senior magistrate to decide whether that urgency was valid or not.
The ChairmanChairmanMr. Dunkley, you have the floor. Hon. Michael H. Dunkley: Okay. That is helpful. So at that point the senior officer has to wait for the notif ication to come back from the senior magistrate. Hon. Walter H. Roban: Mr. Chairman, I thi nk I said that— [Inaudible interjections] Hon. …
Mr. Dunkley, you have the floor.
Hon. Michael H. Dunkley: Okay. That is helpful. So at that point the senior officer has to wait for the notif ication to come back from the senior magistrate.
Hon. Walter H. Roban: Mr. Chairman, I thi nk I said that—
[Inaudible interjections]
Hon. Walter H. Roban: Mr. Chairman, I think I made it clear that this organisation is not waiting for som ebody to type a letter or send it back. This is an email exchange that can . . . it can be virtually immediate. And we know how fast an email message can be sent. A conversation can be had. A call can be made by the police. The senior magistrate can verbally say yes, and send an email, the police follow up with a written request thereafter. So all of this can be done in writing very quickly, adding with verbal communication, be-cause, certainly, the police have to make the senior magistrate know that they are doing this. So a call will be made. A call will be followed up by written comm unication in exchange of w hich the senior magistrate will then validate himself. So there is no grey area of communication here. Certainly, if it does appear, that gives the senior magistrate the [opportunity] to say, I’m sorry, police, this was not acceptable. This actual checkpo int must be removed immediately. If he finds that there has not been reasonable effort or what was conducted was not lawful, so even if they did find people who may have been inebriated and were tested, those tests would be found to be unlawful because the y were conducted at a checkpoint that was not following the proper procedure.
[Inaudible interjections]
The ChairmanChairmanHmm. 2688 6 July 2017 Official Hansard Report Bermuda House of Assembly Mr. Scott Pearman: Mr. Chairman, if what the Deputy Premier and Minister — [Inaudible interjection]
The ChairmanChairmanMr. Pearman. Just one second. I have to recognise you. The Chair recognises Mr. Pearman from constituency 22. Right?
Mr. Scott PearmanIt is indeed. Mr. Chairman, if what the Minister and Deputy Premier has just described is what he intends to happen by this Bill, then [subsection] (3) should not be in this Bill. Because if he is talking about late- night emails between the superintendent, or above, and the senior …
It is indeed. Mr. Chairman, if what the Minister and Deputy Premier has just described is what he intends to happen by this Bill, then [subsection] (3) should not be in this Bill. Because if he is talking about late- night emails between the superintendent, or above, and the senior magistrate, and that is what is going to happen, you do not need the residual ability in cases of urgency for the police officer to act extraordinarily and wit hout the existing approval of the senior magistrate. I do not know what it is the Minister is seeking to achieve, but what he just described does not accord with what is drafted in subsection (3).
The ChairmanChairmanMinister. Hon. Walter H. Roban: I will not say I agree with the Honourable Member’s assessment. I believe that we have the senior magistrate in here at all steps to e nsure the protections under the law that everybody desires under these process es. We did not want the police …
Minister.
Hon. Walter H. Roban: I will not say I agree with the Honourable Member’s assessment. I believe that we have the senior magistrate in here at all steps to e nsure the protections under the law that everybody desires under these process es. We did not want the police to be acting totally autonomous in all situations, whether urgent or not. And the senior magistrate is there to provide the protection in law that everybody, I believe, wants to make sure is a part of this process. It is a ne w process that will be deployed and ultimately its deployment will test these provisions. But the suggestions of the Members will be taken under advisement and we will examine them.
The ChairmanChairmanThe Chair recognises the Honourable Susan Jackson.
Ms. Sus an E. JacksonI’m sorry, Mr. Chairman, but I am a little concerned about the passing of a law where we are going to be “testing” the situation. And the worst part about it is that anybody who can prove that these procedures are not being carried out, then any of the testing …
I’m sorry, Mr. Chairman, but I am a little concerned about the passing of a law where we are going to be “testing” the situation. And the worst part about it is that anybody who can prove that these procedures are not being carried out, then any of the testing and any of the decisions or results that are saying that people actually were under the influence will be null and void. So, we could end up with a bunch of people who are sitting around testing and challenging our legislation and we wi ll never get to the point and the fact that they were drunk.
The ChairmanChairmanWell, I think if you read 5 carefully, you will see the Bill is correct. Read 5 carefully. The Chair recognises the Honourable Member Mr. Zane De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Chairman. The Honourable Member who just took her seat, Mr. Chairman, just does …
Well, I think if you read 5 carefully, you will see the Bill is correct. Read 5 carefully. The Chair recognises the Honourable Member Mr. Zane De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Chairman. The Honourable Member who just took her seat, Mr. Chairman, just does not make any sense to me. Every law we create in this House is not tested until it is passed. That comment makes no sense to me. What we should be doing is . . . I think that what the Minister and the technical officers brought to this House today is a law that everyone has been cr ying out for for years. Is it going to be absolutely per-fect? Time will tell. A lot of laws that are passed in this House are passed. We find that because of circu mstances, sometime in the future, we may have to come back and tweak it, and make amendments. Our history shows amendments throughout the last —
[Inaudible interjection]
Hon. Zane J. S. De Silva: Exactly. Thank you, very much. So, Mr. Chairman, what I would suggest we do is . . . I think the Minister has been very patient. I think the technical officers have been very efficient. And I think the explanations have been great. I think we should let the Minister move so we can move on. Thank you.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Susan Jackson.
Ms. Susan E. JacksonThank you, Mr. Chairman. So I am just reading number 5, like you told me to do—
Ms. Susan E. Jackson—and so this raises the whole issue about the marine. So— Hon. Walter H. Roban: We are not there yet.
The ChairmanChairmanMm-hmm. Hon. Zane J. S. De Silva: Stick with the programme.
The ChairmanChairmanAny further speakers? Minister. Continue. Hon. Walter H. Roban: Thank you, Mr. Chairman. I would like to move clauses 1 through 4. Bermuda House of Assembly The Chairman: It has been moved that clauses 1 through 4 be approved. Any objections? There appear to be none. Approved. [Motion carried: Clauses …
Any further speakers? Minister. Continue. Hon. Walter H. Roban: Thank you, Mr. Chairman. I would like to move clauses 1 through 4.
Bermuda House of Assembly The Chairman: It has been moved that clauses 1 through 4 be approved. Any objections? There appear to be none. Approved.
[Motion carried: Clauses 1 through 4 passed.] Hon. Walter H. Roban: I now move on to reading clause 5.
The ChairmanChairmanContinue. Hon. Walter H. Roban: Mr. Chairman, clauses 5 and 6. The Clerk: Let’s just do 5.
The ChairmanChairmanYou want to . . . Hon. Walter H. Roban: Yes, just clause 5.
The ChairmanChairmanJust clause 5, yes. That has the amendment? Hon. Walter H. Roban: Yes. Clause 5 amends (1) the principal Act and the Marine Board Act 1962 —
The ChairmanChairmanWell, shouldn’t you do the amendment first? AMENDMENT TO CLAUSE 5 Hon. Walter H. Roban: Oh, thank you for that gui dance. Yes. I can read the amendment to Members. There is an amendment that was put into clause 5. It is merely identification, an amendment of a clause. There …
Well, shouldn’t you do the amendment first?
AMENDMENT TO CLAUSE 5
Hon. Walter H. Roban: Oh, thank you for that gui dance. Yes. I can read the amendment to Members. There is an amendment that was put into clause 5. It is merely identification, an amendment of a clause. There was an error in it, in like identifying. If you look at it, it is on page 4, Honourable Members. At the bo ttom of clause 5, there was . . . under [clause] 5(3) there is . . . you will find 5(3)(a), by inserting the following item [on section] 35B(1), the Road Traffic Act [1947]. It is Head 2. It should read section 35BE(2) instead of 35BF[(2)]. That is the only change that we are amending. It is a small but important amendment to make. That is all it is. May I be able to read—
The ChairmanChairmanYou want to move the — Hon. Walter H. Roban: Yes, I’m sorry. I would like to that amendment.
The ChairmanChairmanAny objections to the amendment? There appears to be none. Approved. [Motion carried: Amendment to clause 5 passed.] Hon. Walter H. Roban: Okay. May I now go to the principal clause, Mr. Chairman?
The ChairmanChairmanYes, sir. Hon. Walter H. Roban: Thank you. Clause 5 provides amendments to— (1) the principal Act and the Marine Board Act 1962 to reflect an approved breath an alyzing instrument (a result of amending the name in clause 2); (2) the Traffic Offences Penalties Act 1974— (a) to create …
Yes, sir.
Hon. Walter H. Roban: Thank you. Clause 5 provides amendments to— (1) the principal Act and the Marine Board Act 1962 to reflect an approved breath an alyzing instrument (a result of amending the name in clause 2); (2) the Traffic Offences Penalties Act 1974— (a) to create the penalty for failing to comply with demand for a preliminary test (section BE(2); and (b) to increase and streamline the penalties for offences under section 35C(7) (failing to comply with a demand for a sample of breath), [section] 35D(3) (failing to comply with a demand for a drug screening test) and section 35F(3) (failing to comply with a sample for a dangerous drug analysis). Clause 6 provides for the commencement of the Bill. Thank you, very much, Mr. Chairman.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Susan Jackson. You have the floor, Ms. Jackson.
Ms. Susan E. JacksonThank you, Mr. Chairman. So my question was, I am just trying to clarify how we would set up the exact same kind of chec kpoints if we are also considering this on the water. [Inaudible interjections and laughter ]
Ms. Susan E. JacksonReally, guys? It is like . . . I cannot even explain it any further.
The ChairmanChairmanMm-hmm. Minister. Hon. Walter H. Roban: Happy to answer that question.
The ChairmanChairmanPlease. Hon. Walter H. Roban: We, of course, will not have checkpoints on the water. But this is permitting for the breathal yser instrument to be used on the water by trained and permitted persons. That is all it is. It is allowing . . . these are the same …
Please.
Hon. Walter H. Roban: We, of course, will not have checkpoints on the water. But this is permitting for the breathal yser instrument to be used on the water by trained and permitted persons. That is all it is. It is allowing . . . these are the same corresponding offences that exist in these particular Acts. They are cons equential amendments, so we are merely changing them to be consistent. So there is not going to be a checkpoint on the water. It is just that these instr uments can be used on the water as they are used in the traffic. That’s all. These are consequential amendments, the same amendments to, like, the M a2690 6 July 2017 Official Hansard Report
Bermuda House of Assembly rine Act that we made to the Road Traffic Act legisl ation. That is it.
The ChairmanChairmanAny further speakers? Ms. Jackson, the Chair —
Ms. Susan E. JacksonSo my concern, Mr. Chai rman, is that, so if you are on the water, it is a little . . . it can be . . . having lived on the water, I am going to have to disclose. Having lived on the water for three years, on a …
Ms. Susan E. Jackson—so it is a little more difficult on the water to be able to identify that someone is driving their boat in such a way, because I mean, you can . . . your boats just are not going to swerve like a car or a bike might, right? So, …
—so it is a little more difficult on the water to be able to identify that someone is driving their boat in such a way, because I mean, you can . . . your boats just are not going to swerve like a car or a bike might, right? So, then there is the idea of, All right. We are going to go out into the lakes (or some of the other popular spots where people like to go and sociali se and swim on the weekend. ) And we all know that the police will patrol those areas (which is a fantastic thing). But there they are actually watc hing people consuming. So, now, are we going to be finding that police are stopping boats because they have been watching people consume alcohol all day, which, again, I think could create a situation where there would be more of an altercation than there would be a justified reason for stopping somebody and givi ng them the breathalyser.
Ms. Susan E. JacksonWell, it has in here the M arine Board [Act 1962] as being amended to include the breathalyser as well. So this is applying to the m arine. So I am most concerned about this. And again, Mr. Chairman, this is not for the person who is genuinely drunk. Right? …
Well, it has in here the M arine Board [Act 1962] as being amended to include the breathalyser as well. So this is applying to the m arine. So I am most concerned about this. And again, Mr. Chairman, this is not for the person who is genuinely drunk. Right? Those people will be sorted out. What I am concerned about is the fact that this is a great opportunity for a lot of profiling to take place, it is an opportunity for the police to get into messy and grey areas with, in particular, our young people who are out socialising on the water. And I just do not understand. Without the framework in place, it seems like a very sticky area.
The ChairmanChairmanMinister, do you want to . . . Oh, I am sorry. The Chair recognises the Honourable Member Kim Wilson. Hon. Kim N. Wilson: Thank you, Mr. Chairman. I wonder if I could perhaps offer a little bit of assistance. A consequential amendment is where we make an amendment to …
Minister, do you want to . . . Oh, I am sorry. The Chair recognises the Honourable Member Kim Wilson.
Hon. Kim N. Wilson: Thank you, Mr. Chairman. I wonder if I could perhaps offer a little bit of assistance. A consequential amendment is where we make an amendment to another piece of legislation that is affected by what we are doing, the substantive Act right now. Under the Marine Board Act 1962, there is already a provision for the police to, in certain ci rcumstances, use an approved instrument to breathalyse. All we are doing is making a consequential amendment because we are no longer referring to them as “approved instruments.” We are referring to them as “approved breath analyzing instrument.” So the consequential amendment is just simply saying that they are going to continue doing what they do, but they are going to use an “approved breath analyzing instrument.” As opposed to the “approved instrument.”
The ChairmanChairmanThank you. Any further speakers? Minister, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. I would like to move clause 5 as printed.
The ChairmanChairmanAs amended. Hon. Walter H. Roban: Mr. Chairman, I would like now—
The ChairmanChairmanDeputy Premier, you would like to move clause 5 as amended? Hon. Walter H. Roban: As printed. The Clerk: As amended. Hon. Walter H. Roban: Oh, I’m sorry. My apologies. As amended, Mr. Chairman. And I would like to move any applicable Schedules.
The ChairmanChairmanOne second. It has been moved that clause 5 be approved as amended. Any objections to that? There appear to be none. Approved. [Motion carried: Clause 5 passed as amended.] The Clerk: Clause 6.
The ChairmanChairmanClause 6. You want to move clause 6? Hon. Walter H. Roban: Yes, Mr. Chairman. I would like to move clause 6 as w ell.
The ChairmanChairmanIt has been moved that clause 6 be approved. Bermuda House of Assembly Any objections to that? There appear to be none. Approved. [Motion carried: Clause 6 passed.] Hon. Walter H. Roban: Mr. Chairman, I would like to move all clauses and any Schedules which—
The ChairmanChairmanAll the clauses have been done, you— Hon. Walter H. Roban: They have been done?
The ChairmanChairman—want to do the Schedules? Hon. Walter H. Roban: I would like to move the —
The ChairmanChairmanI mean the preamble. Hon. Walter H. Roban: —preambl e, Mr. Chairman. And I would like to move the Bill be reported to the House—
The ChairmanChairmanHang on, you are moving too quick. [Laughter]
The ChairmanChairmanLet’s approve the preamble. It has been moved that the preamble be a pproved. Any objections to that ? There appear to be none. Approved. [Inaudible interjections and laughter]
The ChairmanChairmanMinister, you have the floor. [Inaudible interjection and laughter] Hon. Walter H. Roban: Mr. Chairman, I would like to move that the Bill . . . can I go now to the Bill being reported to the House as printed and amended?
The ChairmanChairmanYes, you may. [Inaudible interjections] The Clerk: As amended. Hon. Walter H. Roban: As amended, Mr. Chairman.
The ChairmanChairmanIt has been moved that the Bill, as amended, be reported to the House. Any objections to that? There appear to be none. The Bill will be reported to the House as amended. Thank you, cousin. [Motion carried: The Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018 was considered by …
It has been moved that the Bill, as amended, be reported to the House. Any objections to that? There appear to be none. The Bill will be reported to the House as amended. Thank you, cousin. [Motion carried: The Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018 was considered by a Committee of the whole House and passed as amended.]
House resumed at 5:31 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
The SpeakerThe SpeakerGood afternoon, Members. Are there any objections to the Bill entitled the Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018 being reported to the House as amended?
The SpeakerThe SpeakerNo objections. So done. It has been reported. This now brings us to the close of the Orders of the Day. We will now go to third readings. Yes. I recognise the Honourable Minister of Tourism who is doing the Finance matter for the Mi nister of Finance. SUSPENSION OF …
No objections. So done. It has been reported. This now brings us to the close of the Orders of the Day. We will now go to third readings. Yes. I recognise the Honourable Minister of Tourism who is doing the Finance matter for the Mi nister of Finance.
SUSPENSION OF STANDING ORDER 21 Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Insurance Amendment Act 2018 be now read a third time by its title only.
The SpeakerThe SpeakerContinue. So approved. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INSURANCE AMENDMENT ACT 2018 Hon. Jamahl S. Simmons: Mr. Speaker , I move that the Bill now be read a third time by its title only and passed.
The SpeakerThe SpeakerYes, any objections? No objections. So moved. [Motion carried: The Insurance Amendment Act 2018 was read a third time and passed.] 2692 6 July 2017 Official Hansard Report Bermuda House of Assembly The Speaker: Now, I will call on the Deputy Premier, Minister of Transport. SUSPENSION OF STANDING ORDER 21 …
Yes, any objections? No objections. So moved. [Motion carried: The Insurance Amendment Act 2018 was read a third time and passed.] 2692 6 July 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Now, I will call on the Deputy Premier, Minister of Transport.
SUSPENSION OF STANDING ORDER 21
Hon. Walter H. Roban: Thank you, Mr. Speaker. I move that Standing Order 21 be suspended to enable me to move that the Bill entitled Road Traffic (Road Sobriety Checkpoints) Amendment Act 2018 be now read a third time by its title only.
The SpeakerThe SpeakerContinue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING ROAD TRAFFIC (ROAD SOBRIETY CHECKPOINTS) AMENDMENT ACT 2018 Hon. Walter H. Roban: Mr. Speaker, I move that the Bill be now read a third time by its title only and passed.
The SpeakerThe SpeakerAny objections to that? No objections. It has now passed. [Motion carried: The Road Tr affic (Road Sobriety Checkpoints) Amendment Act 2018 was read a third time and passed.]
The SpeakerThe SpeakerThat brings us to the close of business of the day. Mr. Deputy Premier, would you like to . . . ADJOURNMENT Hon. Walter H. Roban: Mr. Speaker, I now m ove that the House do stand adjourned until —
The SpeakerThe SpeakerThe 13th. Hon. Walter H. Roban: —the 13th of July.
The SpeakerThe SpeakerNext Friday. Hon. Walter H. Roban: Next Friday, 10:00 am.
The SpeakerThe SpeakerThe House now stands adjourned —Ah! Ah! Ah! No. Does any Member wish to speak to that? (I had to pause myself.) I recognise the Honourable Member from constituency 22. He had indicated that he would like to give his maiden speech today. [Inaudible interjections]
The SpeakerThe SpeakerAnd I am reminding Members that it is his maiden speech, and it is customary that for his maiden speech he has an uninterrupted speech. You now have the floor, Honourable Member, one of the new Members, Honourable Member Scott Pearman from constituency 22. MAIDEN SPEECH
Mr. Scott Pearma nMr. Speaker, I rise today for my maiden speech, one month after my election to this House. And because I was elected after the Honour able Member from constituency 25, and also sworn in after the Honourable Member from constituency 25, I suppose that als o makes me the newest …
Mr. Speaker, I rise today for my maiden speech, one month after my election to this House. And because I was elected after the Honour able Member from constituency 25, and also sworn in after the Honourable Member from constituency 25, I suppose that als o makes me the newest Member of the House. Mr. Speaker, my understanding, taken in part from the House of Commons in London, is that there are in fact three recognised conventions for a maiden speech. First, the rookie parliamentarian is allowed to speak from a prepared text and should not, Mr. Speaker, as you said, be interrupted. Second, it is considered good form for the rookie to pay tribute to the Member of Parliament who previously held his/or her seat. And third, the maiden speech is typically un-controversial. This speech will often contain per sonal obser vations, such as why the new Member entered politics. Mr. Speaker, as to the absence of interruptions, I am, of course, entirely in the hands of this House. But I am hopeful that I will not be heck led right out of the gate. As to the former MP for Paget East, I have no hesitation in paying tribute and commending Grant Gibbons who diligently served parliament for almost 25 years. Grant put service above self. He worked tirelessly for the good people of Paget East. The good people of Paget East I must also thank, for without them I would not have the privilege of standing here today. Third, and finally, I very much hope that the speech I am about to give is not controversial. Mr. Speaker, today for my maiden speech I choose to ask a simple question. A question that I suspect each of us in this Chamber has probably asked at some point in his or her political career. The question that I ask now at the beginning of mine is, Why do we do this? Why do th ose of us in this House, Members of the Government, Members of the Opposition, choose to take on the burdens of public life? Why do we put ourselves forward for public judgment? My best answer, Mr. Speaker, is that we do so because each of us, in our own w ay, wants to leave Bermuda better than we found it. We want the next generation of Bermudians to have the chance of a better life. As Bermudians, we want our Island to succeed. As Bermudians, we want our people to succeed.
B ermuda House of Assembly It is not such a difficult concept. It is about the ambitions and goals for the future that we all share for ourselves, for the next generation, the simple idea of a better Bermuda, a Bermuda where people can raise a family, where Bermudians can feel safe in their homes, where a job brings not only a pay cheque, but also meaningful satisfaction to one’s life; a Bermuda where schools effectively prepare young Bermudians for a future that meets their needs and their dreams, where those who come before us are respected, are listened to, are cared for; a Bermuda where the work we do today expands opportunities for the generations to follow. Mr. Speaker, this is a vision of a better Bermuda, where people of goodwill step forward and work together, work together for the greater good and for the benefit of all those who dwell in this special place, our Island home. It is not a difficult concept. And I be lieve it is within our reach— within our reach, if we resolve to come together, recognising and accepting this fact of Bermuda life: That we have more in common than that which divides us. Mr. Speaker, sometimes we just need to pause, to stop a moment and look around, to reflect and try our best to see the bigger picture, asking ourselves, How do we get from here to there? How do we get from the here- and-n ow to where we want to be, where we need to be, to our mutual goal of a better Bermuda? Mr. Speaker, to reach this goal we have to understand that we have more in common than that which divides us. And we have to build upon that u nderstanding. And yet, all too often we just do not see it. Or we choose not to see it, failing to grasp what works, shying away from the hard work that is needed to make it a reality. Instead, we fixate on what divides us; we fixate on what separates us and isolates us. Sometim es it takes something as big as a hurricane to bring us all together. Because it is true, isn’t it? It is true, that when a hurricane hits us we are at our best. We are at our best as an Island. We are our best as a people. We come together, helping one another, asking nothing in return, becoming our brother’s keeper. And why is that? Why is it that a hurricane brings us closer together? Well, one answer, the quick answer, the easy answer , is that when we face a hurricane, we face a common threat. We come together to ensure our survival. It is a simple enough answer, I guess. But there is more to it than just that, isn’t there? Because after the hurricane the feeling remains with us, that feeling of togetherness, of comradery, of community . . . that feeling lingers. After the hurricane, when people are picking up the pieces and putting these things back together, we can see the beauty within our community —how close we are to one another, how much we share, how much we depend on one another. Divisions fall awa y, and we can see more clearly the promise and potential of Berm uda; the promise and potential of Bermudians. Mr . Speaker, Bermuda has many pockets, many peoples, many hues, and many histories. But after the hurricane, when the leaves are gone and the trees are stripped back, we can see more clearly one community all around us —a Bermuda with many facets, a Bermuda with many histories, but one Bermuda all the same. We can see that we have more in common than that which divides us. So where do we go from here? How do we get to there? How can we achieve the goal of a better Bermuda? Because it is not going to be easy . It is not going to be easy. There will be more hurricanes. All sorts of hurricanes are coming our way —internal problems, certainly, and ext ernal threats, as well. Mr. Speaker, Bermuda is a small community with some big problems. We need more and better jobs. We need better education to ensure that young Bermudians are trained to fulfil those jobs and to achieve their personal ambitions. We need to tackle the upward spiral of health care costs for an ageing population. We have a huge national debt. We have a massive unfunded pension obligation. If we are to solve any of these problems, if we are to make any meaningful progress, then we must do our best to work together as one community, because these problems impact upon us all. And we are better able to deal with our problems when we work together as members of one community, working together for i nclusive solutions based on shared values, hel ping to meet the demands of a very challenging world. And what about that challenging world? Mr. Speaker, there are external threats , “hurricanes ”, on the horizon; external threats that could sink us ec onomically. Make no mistake. Many other jurisdictions want the business that Bermuda has been fortunate to develop and grow across the decades. But times have changed. Where once we had time and space to build our economy as we saw fit, now we are in a global foot race. If anyone in Bermuda thinks we can simply sit back and it will come to us —it will come to us because we are Bermudians and we deserve it —think again. It is now doubly hard, Mr. Speaker. Not only do we need to be well -trained to do the jobs, we must also guard against those in other jurisdictions , those who would gladly take jobs away from us, take bus iness away from our Island. We must guard against those who would regulate us to the point where there is no business left to regulate. We must guard against those who seek to dictate to us, who demand that we must do things that they themselves won’t even do. Mr. Speaker, the fact remains that Bermuda is a small Island. No matter how proud each of us is to be Bermudian —and we are a proud people who have much to be proud about —we must recognise the r eality that we are a dot in a vast ocean in a huge world. We must recognise that our success in the years to 2694 6 July 2017 Official Hansard Report
Bermuda House of Assembly come depends on our skills and our common sense, and upon the friends we make. We must recognise that our success also depends upon those who come to our shores, both visitors and job creators. There is no “Fortress Bermuda.” We are independent with the world around us. If we put up barricades, we will fail. As we forge those international friendships —which we must do —we must also choose carefully the friends we make. So perhaps it is time for all of us —for all of us—to try and focus on what really matters if we hope to get to there from here. It is time for all of us to rea lise that we work best when we work together, one Island, one people, and tha t we need to work together to face that next hurricane—because the hurricane will come; and the one after that, and the one after that. Mr. Speaker, let me end where I started. B efore standing for parliament I asked myself, as no doubt each of us in this r oom, in this Chamber, may have done, Why am I doing this? What am I trying to achieve? My answer was to work hard to create opportunities for all Bermudians. Not for one particular segment or another, but for all —because we work best when we work together. Yes, we have different views, differing views on any number of things . And that is what makes life interesting. But we can respect those differing views. We can respect the people who hold them , because if that principle of mutual respect forms part of our new foundation, then so much else can follow . A new foundation that recognises the many things we Bermudi ans have in common. A new foundation that we can all build upon, growing understanding, trust, c ooperation, building our strengths as one people with more in common than we sometimes real ise; one people who can overcome that which divides us , Bermudians, who together can weather the hurr icanes and face the challenges, recognising that what we have in common is greater than our divisions, r ecognising that a better Bermuda is achievable if we forge a common founda tion to take us there. And that, Mr. Speaker, is a future worth thinking about, a future worth walking toward and worth walking toward together. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. [Desk thumping]
The SpeakerThe SpeakerI now recognise the Deputy Speaker, the Honourable Member. You have the floor. APPEAL TO THE GOVERNOR OVER CIVIL SERVANT’S DISMISSAL Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. As former Premier Alex Scott said, Bermuda works best when we work together.
An Hon. Member An Hon. MemberYes. Hon. Derrick V. Burgess, Sr.: Mr. Speaker, what I am about to say is not going to take long. You know, we were all elected here to care of the needs of pe ople.
The SpeakerThe SpeakerMm-hmm. Hon. Derrick V. Burgess, Sr.: And some things probably should not come here, but when folks have followed all the protocols and nothing happens, then they come to us to air it out in Parliament and hope something will happen for this person. Mr. Speaker, there was a government …
Mm-hmm.
Hon. Derrick V. Burgess, Sr.: And some things probably should not come here, but when folks have followed all the protocols and nothing happens, then they come to us to air it out in Parliament and hope something will happen for this person. Mr. Speaker, there was a government employee that was terminated by the powers that be in the civil service because her friend was charged with an offence in the courts. This person that was term inated . . . there were no drugs (because it was a drug case) found on this person, nor at their residence, nor on anything that the person owns. But she was term inated. To make a long story short, I can go right ahead, this person was taken to court, Mr. Speaker, and charged, an indictable charge. B ut the person was acquitted, freed from the court. And the problem is, Mr. Speaker, the person, his friend, was not rei nstated in the government job, Mr. Speaker. Mr. Speaker, the representatives of this person have done what they had to do —followed the protocols. And as this stands now, we understand that the PSC [ Public Service Commission ] has upheld the recommendation of the civil servant. There was a hearing with the PSC, [and] the representatives of this person were not even invited to the appeal. T hat is unusual, Mr. Speaker. Even in the courts you get a better . . . you have a better deal there in the courts, Mr. Speak er. Mr. Speaker, the person that approved the firing of this government employee was the same per-son who wrote to the PSC about thi s employee. We can figure what was in that letter. What should have been written to the PSC, as is outlined in the Code of Conduct for Government Employees, 7.5.6, it says, “An officer acquitted of a criminal charge in any court shall not be dismissed.” Well, this person was not even charged, was not called as a witness, had no connection to the case. In fact, the person that was charged in the courts had no connection to the case. That is why they were acquitted. The person is still out. After following al l the protocols to try to get this person back, they are still out. Mr. Speaker, they have terminated this employee for gross misconduct, because that is the only way you can be dismissed under the Code of Con-duct, when the employee had not committed any o ffence, had no involvement in the charges that were
Bermuda House of Assembly laid against her friend. But under this Code of Conduct, the civil [service] refuses to abide by this Code of Conduct. And, Mr. Speaker, I am hoping that my good friend on Langton Hill is listening because that is probably the only one that can make this right.
An Hon. Member An Hon. MemberBetter hope he is your friend. Hon. Derrick V. Burgess, Sr.: Well, he is represen ting my Queen and so he is supposed to make things right when they are wrong. You know, Mr. Speaker, I know of four other cases of government employees that were charged in the court …
Better hope he is your friend.
Hon. Derrick V. Burgess, Sr.: Well, he is represen ting my Queen and so he is supposed to make things right when they are wrong. You know, Mr. Speaker, I know of four other cases of government employees that were charged in the court on indictable charges, were found not guilty, [and] have been reinstated. These people were charged. This person was not even charged, I repeat, not even called as a witness, and is still out there because . . . I can only put it down to some vendetta that the civil servant in charge has laid on this young person, Mr. Speaker. So, Mr. Speaker, I am hoping from this . . . I know the Royal Gazette will not print anything we say, I understand that. That is the political arena we are in. But I just hope that those, again, my friend on Langton Hill upon presentation to him, will make this right, be-cause this is wrong. The Code of Conduct is written and everybody goes by it. This person should be treated fairly as others have been. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Deputy [Speaker]. We have another Member who wishes to speak. We recognise the Honourable Member Dunkley from constituenc y 10. You have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I know there is no dinner tonight, so I’m sure your trigger is real quick.
The SpeakerThe SpeakerYes. Hon. Michael H. Dunkley: There are a couple of things that I want to speak about ton ight, but before I get to them I just want to commend our honourable colleague, the new Member from constituency 22, on his maiden speech. He certainly has big shoes to fill …
Yes. Hon. Michael H. Dunkley: There are a couple of things that I want to speak about ton ight, but before I get to them I just want to commend our honourable colleague, the new Member from constituency 22, on his maiden speech. He certainly has big shoes to fill but, Mr. Speaker, I have every confidence that he will. From what I know of him, and I have known him for some time, he is a hard worker, he is well -prepared, he does his research, and he is not afraid to stand up and speak in difficult times. So I would like to take this opportunity to congratulate him on his maiden speech, and welcom e him to the House of Assembly. I hope that as the time goes on he does not have any regrets about speaking to himself about joi ning the House of Assembly.
GAMING
Hon. Michael H. Dunkley: I would like to speak on two items tonight, Mr. Speaker. First, I would like to touch for a few minutes on gaming. I say, what happened to the comments by the Honourable Minister of Tourism when he said w ithout further delay? Mr. Speaker, it has been over nine months now since I last spoke on the motion to adjourn about gaming. My mounting concern at that time was that I thought it would be very difficult to make gaming happen in Bermuda. Yes, Mr. Speaker, it has been over nine months. Now, they say, Time flies when you are having fun. I am not so sure about that, but ti me does fly when you get older. So I am more concerned now than ever before simply because time has moved on and we have seen very little progress. Now, Mr. Speaker, we know that with gaming it is critically important that we get it right for the bet-terment of the people of Bermuda, for our investors in it, and I think we all agree that there is a lot to offer if we set up a gaming industry in the best way. But as we do it, we all appreciate and understand that there are very important matters to consider. Obviously, most importantly, is the legislation and the regulations that are appropriate. And at the same time, perhaps more importantly than any other industry that can come to the top of your mind, there has to be a mouse trap set up that allows casinos to operate as they can, but also deals with the critical issues that come up quite often in gaming, such as problem gaming, the potential for corruption and fraud. Those are realities, unfortunately, but there are ways around those. You will recall, Mr. S peaker, when I spoke nine months ago, I recounted how in the Opposition, the PLP were very critical, often, of the approach of the One Bermuda Alliance Government and the approach we took in progressing gaming. And at that time, Mr. Speaker, I did say that in some cases it was rightly so for them to be so. But I also said that in many cases it was unfair criticism, misinformation, or unwarranted personal attacks here on the floor of the House of Assembly, where Members can stay within the boundaries of our rules and have certain immunities. Well, Mr. Speaker, all of this in my opinion has impeded and slowed the progress of the opening of the first casino in Bermuda. So, now, Mr. Speaker, the shoe is on the ot her foot and we have allowed the Government to move forward. We have been very supportive of initiatives where we can. But after nine months, seemingly wit hout progress, because there have been very few pub-lic pronouncements, I must rise again and actually question what is taking place and do that throug h a number of questions. Yes, Mr. Speaker, time has cer2696 6 July 2017 Official Hansard Report
Bermuda House of Assembly tainly raced on. And as it seems that very little has taken place, I have a number of questions for the Honourable Members. Mr. Speaker, the first thing, Members will be aware of the constant criticis m of the former executive officer of the Bermuda Casino Gaming Commission. A man who has much experience and still has a lot to offer within that purview. I said last September that in my view Bermuda was losing a man with that vast experience, and a man w ho had contributed greatly and was respected in the industry. I suggested at that time, Mr. Speaker, that our progress would slow even more and perhaps impact our ability to deal with moving the industry forward. Well, here we are now, those nine months have passed on and there has been no public announcement by the Government, or the Minister, on a replacement in filling this very critical position. So I would like to ask the Honourable Minister, Has the executive officer position of the Bermuda Casino Gaming Commission been filled? Or, is it in the pr ocess of being filled? Mr. Speaker, if the answer to either one of those questions is yes, then I have a further question to the Honourable Minister. When will the Honourable Minister be in a position to announce who the successful applicant is? And, if the application process is moved forward, how many applicants have there been for this position? Now, Mr. Speaker, if the answer to that is no, to any one of those original questions, can the Mini ster please inform this Honourable House what the plan is to fill the position and if it will be advertised? Mr. Speaker, without direction you will flounder. And in this case, perhaps the lack of progress is because there are not enough boots on the ground. Now, one further question in regard to the former executive officer. There was a report that the Government had taken some action against the former executive officer. Mr. Speaker, if this is indeed the case, I am curious as to how much money has been spent on thi s action, because rumours abound that it is a significant amount of money. No doubt, Mr. Speaker, the executive officer is critical to the effectiveness of the Bermuda Casino Gaming Commission. And it would be appropriate that we knew that someone was on the ground doing the necessary work. In the meantime, as the conversation deve loped months ago, with no executive officer in the making, there were questions asked previously about the makeup of the Commission. There was controversial legislation that was passed to allow the Minister to have extra powers in selecting people who would go on the Bermuda Casino Gaming Commission with the Board of Governors. And I ask the Honourable Mini ster now: Have all those vacancies on that board been filled? And who are the current members of the board? Moving on, Mr. Speaker, I started with the comments without further delay. Well, we believe on this side that there is sound legislation that has passed this House. We also believe that much pr ogress has been made in draft ing regulations which are critical to the industry moving forward. But now, Mr. Speaker, almost a year after the Progressive Labour Party has been swept into power, regulations certainly remain outstanding. And we know that without them, very little work w ill take place going forward. So, the regulations are critical. To get back to my opening words of without further delay, the Honourable Minister said in his Statement to this House over three months ago that regulations for the casino gaming industry wou ld be introduced without further delay . Well, Mr. Speaker, that was three months ago. We have met on a number of occasions. And it appears that without -further - delay commitment has changed, or the Minister has created another definition for without further delay . So, I ask the Honourable Minister: Where are the regul ations? And what is the reason for the continued holdup? And will we see them tabled during this session, Mr. Speaker? Finally, on the matter of gaming, one add itional area of concern (and a real pressing concern that I think all members of this Honourable House are aware of) is the need for solid gaming legislation and regulations. And then the need to have a correspon dent bank. Now, we always knew that it would be a very difficult road to trav el to obtain a banking partner for a licensed Bermuda casino. There were naysayers, a year, two years ago, that said that it would not be possible. But we always thought that with the proper framework, with the proper legislation and the proper regulations , that we would be able to dot all the i’s, cross all the t’s, and find a banking partner to make it happen. Now, we know the reasons why it is such a challenge, just because of the financial oversight and the compliance that has to take place nowadays, Mr. Speaker. So, I ask the question to the Honourable Minister, or the [Deputy] Premier here tonight: Does the Statement that was delivered last week by the Honourable Premier regarding banking cover any aspect of gaming? I note that there was no mention of gaming in the Statement last week, Mr. Speaker. But I did note (with some curiosity) that the people involved with the cashless gaming system under the company name of MM&I were in the Gallery when this Statement was read—and left quickly after it was read. This is an i nteresting development as far as I am concerned. So, I have two final questions to the Honourable Minister or the [Deputy] Premier: Is there any arrangement, commitment, or MOU with this group at the time? And does this Statement include opt ions for gaming with
Bermuda House of Assembly amendments to be tabled to the Banks and Deposit Companies Act? Now, Mr. Speaker, just as I finish on gaming and to turn my attention to some other comments . . . we have put a lot of work into gaming in Bermuda. And I think it provides hope, opportunity and jobs. We must continue to move it forward. But silence does not necessarily mean that you are making any progress. So, I look forward to some answers from the Honourable Ministers.
ARBITRADE
Hon. Michael H. Dunkley: Now, Mr. Speaker, in the remaining time that I have left, let me start my comments by saying that where I just went a few moments ago . . . that everyone in this Honourable House wants to work so as to provide hope, opportunity, jobs and a better Bermuda for all of us . . . as the honourable co lleague from constituency 22 wants to talk about us coming together to solve our problems. However, in my time in politics and business, when I see som ething curious, I must ask questions. Now, Mr. Speaker, I not only saw somethin g curious earlier this week, but I listened to it a couple of times. And that was a press conference by the group called Arbitrade. And anyone can find it on the Internet. What I found curious about it, Mr. Speaker, is that one of the gentlemen (I think i t was the second gentleman to speak) . . . before he even said anything about himself or what the company is going to do, he started lambasting people who had talked about him on social media, without mentioning why or what the subject was all about. That was a red flag. Secondly, Mr. Speaker, when the press conference was over . . . and it was clear that it did not start on time, people could not call in. When the press conference came to a close . . . now, remember Mr. Speaker, this is a new company whic h wants to do business in Bermuda. And in Bermuda, we welcome business, we welcome opportunity, we welcome capital. But it has to meet the standards, the regulations, and the compliance that we put in this country at all times. So, at the end of this press conference they said, There will be no questions. I thought that was the second red flag that I saw. Because if you want to introduce yourself to people —and clearly this was one of the first times that I have seen these individuals speaking in a press con-ference where people of Bermuda could listen and watch—and you say No questions . . . Now, I found that strange. Now, during that press conference so many Halloween candies were handed out, that we are going support the Government with a million dollars to renovate a floor at a building that the Government was buying. We are going to give $45,000 to gang vi olence resistance; we are going to give $30 ,000 to the ALICE programme. We are going to make sure that, you know, we can raise chickens and we are goin g to purchase a building in town for $6.5 million. Well, Mr. Speaker, these are red flags as well. Because if you are going to purchase a building as an overseas entity, I understand that . . . last I knew, it had to be signed off by the Ministry of Finance. So, I do not know if they have a local partner who is i nvolved, who has not come forward yet that can buy it himself, but certainly, that was another red flag. And then, I see the commitment that there is going to be $10 billion of gold. There is going to be $10 billion worth of gold as part of this process. They have been given a physical grant to it. And I would have thought there would be some more understanding of just how that would take place.
[Inaudible interjections]
Hon. Michael H. Dunkley: Now, I hear the comments from the other side. And there is just one last comment I will make on this.
An Hon. Member An Hon. MemberThe last one? Hon. Michael H. Dunkley: Yes, I can . . . the final comment, last comment, one more before the last, whatever you want. Mr. Speaker, in regard to this matter, there are political issues you get contacted by all the time. I have been contacted frequently by …
The last one? Hon. Michael H. Dunkley: Yes, I can . . . the final comment, last comment, one more before the last, whatever you want. Mr. Speaker, in regard to this matter, there are political issues you get contacted by all the time. I have been contacted frequently by people who are asking questions about this and wanting to know what it means, and what it means for Bermuda, and how i t is going to be set up. And I have concerns. While we want opportunity in Bermuda, we want capital to be invested in Bermuda, I have concerns that these people coming in . . . if we do not make sure that they conduct themselves in the appropriate way, it could be a difficult challenge in maintaining our reputation in Bermuda. And if you say you are not going to answer any questions, that is a warning flag that the Government needs to take down, and get these people to be more open about what they want to do on this Island, so that we can embrace their business model (which many people do not understand and want to know more about) before we put ourselves in the position of jeopardising our good jurisdiction. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Thank you, Honourable Member. I recognise the Minister of Tourism. Minister of Tourism, you have the floor. GAMING Hon. Jamahl S. Simmons: Mr. Speaker, thank you. 2698 6 July 2017 Official Hansard Report Bermuda House of Assembly In the (almost) year I have served in this …
Thank you, Honourable Member. Thank you, Honourable Member. I recognise the Minister of Tourism. Minister of Tourism, you have the floor.
GAMING
Hon. Jamahl S. Simmons: Mr. Speaker, thank you. 2698 6 July 2017 Official Hansard Report
Bermuda House of Assembly In the (almost) year I have served in this pos ition, I have learned, if nothing else, one thing. There are some people who seek answers, solutions, and action. And there are others who seek the stage, to grandstand. Mr. Speaker, we have a Question Period here every Friday that the Honourable Member seems to have forgotten about, or perhaps was too busy being the ex -Premier to deal with. But, Mr. Speaker, understand, and I am glad to answer the questions put forward. But some I cannot answer. I cannot speak to matters that are before the courts or may potentially be before the courts. Pick the bones out of that. Mr. Speaker, the introduction of regulations without delay: The Honourable Member seems to for-get the delay occurred under their administration.
An Hon. Member An Hon. MemberYes. Hon. Jamahl S. Simmons: New leadership had to be appointed to free the delay. Mr. Speaker, we have been working diligently with the Attorney General’s Chambers to get these regulations right. Regulations that stalled one month before the United Bermuda Party/OBA lost power and continued to stall and required …
Yes.
Hon. Jamahl S. Simmons: New leadership had to be appointed to free the delay. Mr. Speaker, we have been working diligently with the Attorney General’s Chambers to get these regulations right. Regulations that stalled one month before the United Bermuda Party/OBA lost power and continued to stall and required new leadership to free the blockage. Mr. Speaker, the Honourable Member, the former Premier, continues to raise the spectre of MM&I the company that his Government had a Mem orandum of Understanding with.
An Hon. Member An Hon. MemberThat’s right. Hon. Ja mahl S. Simmons: The company that his Government was in bed with. Mr. Speaker, all I will say is a repeat of what we have said before. There is no relationship with MM&I and gaming. None. Mr. Speaker, I am going to finish with this. Honourable …
That’s right. Hon. Ja mahl S. Simmons: The company that his Government was in bed with. Mr. Speaker, all I will say is a repeat of what we have said before. There is no relationship with MM&I and gaming. None. Mr. Speaker, I am going to finish with this. Honourable Member, former Premier, I hope you a lways sit in this Chamber. I hope you always remain as a member of the One Bermuda Alliance. And I cannot wait for the day until you replace the interim Leader. Because on that day, I am going to nominate you for a PLP drum major aw ard, because you are the best gift the Bermuda Progressive Labour Party could ever have. Thank you, Mr. Speaker.
[Laughter and inaudible interjections]
[Desk thumping]
The SpeakerThe SpeakerThank you, Honourable . . . Okay. We recognise another Honourable Member who wishes to speak this evening. Recognise the Honourable Member De Silva. Honourable Member De Silva, you have the floor. [Laughter and inaudible interjections] Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Speaker. [Inaudible interjections] …
Thank you, Honourable . . . Okay. We recognise another Honourable Member who wishes to speak this evening. Recognise the Honourable Member De Silva. Honourable Member De Silva, you have the floor. [Laughter and inaudible interjections]
Hon. Zane J. S. De Silva: Thank you. Thank you, Mr. Speaker.
[Inaudible interjections]
ARBITRADE
Hon. Zane J. S. De Silva: Mr. Speaker, I find it interesting that the Honourable Member Mr. Dunkley got up and spoke tonight on the topics he spoke of. And Mr. Speaker, let’s start from where he finished and then I will get on to gaming. This is not the first time that this Honourable Member has not only chastised and talked about red flags and concerns about Arbitrade. But he has talked about many of the Memorandums of Understanding that we have brought to the public of Bermuda over the last few months. What should concern everyone in Bermuda, Mr. Speaker, is . . . and let me back up a little bit. We had a little time in Opposition. And that was a great experience for some of us who were in the previous PLP Government. We were in Opposition and are now in the new PLP Government. I remember the former Premier Dunkley, in particular, getting up several times in this House, Mr. Speaker (as you will know), talking about we have to be careful what we say in this House because people are listening. The international business is listening. And everyone else in Bermuda and across the world are listening. And we have that particular Member. And I say that parti cular Member of this House, Mr. Speaker, continues to bash possible businesses that are inter ested in coming to Bermuda. And I remember very clearly a former OBA Finance Minister, by the name of Bob Richards, con-stantly talking about the need for foreign capital, for-eign investment in this country. Here we are, we have had about eight MOUs signed with possible overseas investors, and people that are interested in setting up their companies in Bermuda since we have been Government. And all we get are these bogeyman comments, whether it be in this House or through the daily newspaper, Mr. Speaker. And I would urge that particular Member to stop it. You can have all the concerns and make all the comments you want in this House. And I will r eflect a little bit, Mr. Speaker. Some of the Bills that they have brought to this House, that Honourable Member seems to want to talk very little about. Very little about. And when he does, it is what came out of his mouth tonight: There are concerns ; there are red flags . But Mr. Speaker, you know it is funny. He talked about Halloween candies being given out. I r emember when the OBA was Government and announced the America’s Cup. I remember Halloween
Bermuda House of Assembly candies being handed out too. We did not have any problems with those Halloween candies. What . . . the Endeavour Program, and we had those particular i ndividuals. We had the Honourable Member, former Member, Grant Gibbons, and I believe the Honourable Member Mr. Dunkley, too, when he was Premier, tal king about, We are going to have these billionaires coming to Bermuda and they are going to be looking at buying homes and maybe moving to Bermuda. They built a few buildings for their Cups and they are looking at staying on in Bermuda, maybe building some more, maybe buying some property, investing in Bermuda. But when the Progressive Labour Party brings some players to the table, all sorts of red flags and bogeyman comments come out. Stop it!
[Inaudible interjection] Hon. Zane J. S. De Silva: Stop it! Get used to the fact that the Progressive Labour Party are in power. And we are going to be here for some time, and we will create opportunities for our people through foreign investors, if they so wish to come.
GAMING
Hon. Zane J. S. De Silva: Now, Mr. Speaker, for the Honourable Member to get up and talk about gaming tonight . . . I find that very, very interesting indeed . . . very interesting. The Honourable Member talked about, [You] have been in Government now for a year. Where are the regulations? What are [you] doing? What seems to be the problem? I remember when we were pressing them, Mr. Speaker, and we were as king those same questions. It is coming . . . but we have to be careful. We want to do it right , was what that Honourable former Premier used to tell us. Hansard will show that. And quite frankly, Mr. Speaker, we would have been a little bit further along had we not had as Chairman former member Dunch, and their former CEO, Schuetz, and if they would have acted a little differently. And the record speaks for itself. I think those two gentlemen in particular were very, very di sappointed in the success that we had at the polls in July last year, Mr. Speaker. And their actions certainly spoke to that. So much so that Minister Jamahl Si mmons, the Honourable Member, had to bring legisl ation to this House because of the roadblocks that were being put up. And the Honourable Member Dunkley talked about the reliability and how well -known Mr. Schuetz was. Well, we also know . . . if you want to talk about red flags, you will know that I said in this House many times, Mr. Speaker, let us talk to the Commissioner of Nevada, or the Gaming Commission of California with regard to Mr. Schuetz, and some of the investigations that took place on him, and how he carried out bus iness when he was in that space. Let us not forget he brought his ex -wife to Bermuda, met Minister Croc kwell, the late Member. Met with her and did not even tell him that she was his ex -wife. And the Honourable Member Dunkley talks about, It seems like David Burt, our Premier and colleagues from the Cabinet are a little too cosy to some of these companies we are signing MOUs with. But he did not seem to have a problem with the cosiness b etween Schuetz, his ex -wife, and his former friends or his current friends, who still are at Caesars. We did not seem to have a problem with that with the OBA Government. It is interesting that former Premier Dunkley has all these questions with regard to the CEO, When will that position be filled? I will tell you what. It will not be under a cloud of secrecy, like when their former Member of Parliament, their former Minister was appointed to the Gaming Commission, will it? And if one does a little bit of homework, if the reporters were not so lazy in this country and they looked at the timelines of when he resigned as the Education Minister and took that job with the Gaming Commission, and when we voted on legislation in this House, what space he was in. And then former Premier Dunkley goes on to say, How much money is going to be spent on an action against Mr. Schuetz? Well, I can assure you this. It will not be as much as he spent on a Commission of Inquiry for his witch- hunt, for his pre- election works, or on the Lahey case. Millions of dollars, Mr. Speaker. I can assure you, it will not be that much. And then what I find very, very interesting (and the Honourable Minister Jamahl Simmons touched on it) is we have something in our Standing Orders for Parliamentary Questions. And he read off a litany of questions tonight. He has been in Opposition for a year. But he prefers to ask questions on motion to adjourn, or maybe talk to his friends at Royal G azette . Where are the regulations? the Honourable Member asked. And like I said, if former members Dunch and Schuetz had not put up the roadblocks as they did after July, Mr. Speaker, maybe, just maybe, those regulations would ha ve been before the House. And I will finish on this note, Mr. Speaker. The Honourable Member also asked about MM&I, a com-pany that he seems to have some serious issues with, because he keeps bringing their name up. As the Honourable Member Simmons very ri ghtly pointed out, it was the OBA Government and Cabinet that signed an MOU with MM&I with regard to cashless gaming, as I understand it. Maybe next week at m otion to adjourn, he might want to give everyone in this country the specifics of that MOU, why it was signed and what happened thereafter. Because I tend to think that maybe the former Premier knows a little bit more 2700 6 July 2017 Official Hansard Report
Bermuda House of Assembly than what he wants to tell us about. I certainly do not know. I did not sit in that OBA Cabinet. So, Mr. Speaker, what I would certainl y suggest to the former Premier of this country is that he should be well, well aware of the rules and Standing Orders of this House. And that if he should have questions, let us go about it the right way. And stop . . . stop the bogeyman tactics with regard to the investors that might want to come to Bermuda to operate. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. We now recognise the Member Richards from constituency 7. Honourable Member Richards, you have the floor. ARBITRADE Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Thank you, Mr. Speaker. I will try not to be too long.
The SpeakerThe SpeakerYes. Mr. Sylvan D. Richards, Jr.: I am not enamoured with hearing my own voice, but I have to get to my feet. The Progressive Labour Party has been the Government for almost a year. And I took the tack that I was not going to criticise the Government just …
Yes. Mr. Sylvan D. Richards, Jr.: I am not enamoured with hearing my own voice, but I have to get to my feet. The Progressive Labour Party has been the Government for almost a year. And I took the tack that I was not going to criticise the Government just to cri ticise the Government. I said, I am going to sit here, and I am going to let them do their thing. And I am going to observe and take notes. And when the time is appropriate according to my timetable, then I would make comments . The time has come, Mr. Speaker.
The SpeakerThe SpeakerMm -hmm. Mr. Sylvan D. Richards, Jr.: And I say that because I am a politician; but I do not like politics. And I say that because when we were the Government I saw times when politics took precedence over what was best for the country. That is my view. …
Mm -hmm.
Mr. Sylvan D. Richards, Jr.: And I say that because I am a politician; but I do not like politics. And I say that because when we were the Government I saw times when politics took precedence over what was best for the country. That is my view. So, I sit in Opposition and I have been observing. And the Government has done some good things. And I really, really want them to be successful, because I want the country to be successful. But there comes a time when the Opposition has to be the Opposition. It is our constitutionally mandated function to hold the Government to ac-count. And I am going to do that today. Now, this Arbitrade company, right? It is not . . . this is not bogeyman tactics. I am an underwriter by training. What I am trained to do is when a company is presented to me, if I do not know anything about the company I research the company. I perform due diligence on the company. I look at the people behind the company —who the CEO is, who the treasurer is, who founded the company. And I look at their track record. Then I look at the company. What space do they operate in? What is their track record? And I must say, Mr. Speaker, that when I started to do my research on Arbitrade, a gentleman’s name popped up immediately, a Mr. Troy Hogg, a.k.a., Troy James, a.k.a. . . . and I could go on and on. This gentleman has about eight aliases. He has been involved with a number of companies over the years. And some of these companies, to use a street term, are a bit dodgy. So this is not about bringing out bogeyman tactics or trying to stop foreign i nvestment into this country. This is raising serious concerns with me and with members of the public. Now, Arbitrade has come to Bermuda with gift in hand. And that is fine. They have made a lot of promises. They are going to buy Victoria Hall, which has been listed for $6.5 million. They are going to give the Government a million dollars to renovate, I guess, Victoria Hall. And that is all well and good. But my question is: It seems to me like someone has gotten over the front of their skis, to use that term. This co mpany, Arbitrade, does not feature on the Bermuda Registrar of Companies website. Where is the BMA in this? Where is the BDA in this?
[Inaudible interjections] Mr. Sylvan D. Richards, Jr.: Where is the BDA in this? [Inaudible interjections]
Mr. Sylvan D. Richards, Jr.: So, you know, I am encouraging the Bermuda public, if you want to learn more about Arbitrade, all you have to do is google the name Troy Hogg, H -O-G-G. It is right there. It is all over the Internet. So, I am encouraging the Gover nment —
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order, Member. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: I believe the Honourable Member is misleading the House, surely. Mr. Speaker, I remember when — [Inaudible interjection and laughter ] Hon. Zane J. S. De Silva: I remember when the . …
We will take your point of order, Member.
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: I believe the Honourable Member is misleading the House, surely. Mr. Speaker, I remember when —
[Inaudible interjection and laughter ]
Hon. Zane J. S. De Silva: I remember when the . . . I remember when the . . . thank you, Cole.
Bermuda House of Assembly [Laughter ]
Hon. Zane J. S. De Silva: I remember, I remember, Mr. Speaker, when, you know, you talk about googling people. I remember when the OBA brought Desarrollos Hotelco here, Mr. Speaker —
Some Hon. Member s: Point of order.
Hon. Zane J. S. De Silva: Big point? I think you are in control of this House, are you not, Mr. Speaker?
The SpeakerThe SpeakerI think we get your point of order. I know you got distracted looking the wrong way, but now that you are looking this way, you can put your point of order to— Hon. Zane J. S. De Silva: See, I was looking this way, Mr. Speaker. I have my …
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: But, Mr. Speaker , the Ho nourable Member is misleading the House, because, you know, I remember when the Desarrollos Group was announced by the OBA. And some of us said, Google them. And when you googled Desarrollos , the picture was not …
Yes.
Hon. Zane J. S. De Silva: But, Mr. Speaker , the Ho nourable Member is misleading the House, because, you know, I remember when the Desarrollos Group was announced by the OBA. And some of us said, Google them. And when you googled Desarrollos , the picture was not that clear. And what did they say? A nyone can post anything on the I nternet. So, before one casts aspersions on one of our future investors —
The SpeakerThe SpeakerOkay. Thank you. We have got your point. We have got the point. Hon. Zane J. S. De Silva: —I think they have got to do a little bit mor e than just google their name. [Inaudible interjections]
The SpeakerThe SpeakerYes. We have gotten the point, we have gotten your point. Okay. Continue on. [Inaudible interjections] Hon. Michael H. Dunkley: You are not coming back in the Cabinet like that. Mr. Sylvan D. Richards, Jr.: Mr. Speaker —
Some Hon. Members Some Hon. MembersOoh! Hon. Zane J. S. De Silva: I resigned from the Cabinet, Dunkley. Hon. Michael H. Dunkley: Yeah, ye ah, yeah. You are working your . . . Hon. Zane J. S. De Silva: Unlike you, got kicked out of your leadership position.
The SpeakerThe SpeakerMembers, Members. There is only one person speaking, and he is speaking to the Chair. Speak to the Chair. Look this way to me. Speak to me. [Crosstalk] Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, the Honourable Member talks about the Desarrollos family and whatnot. But, …
Members, Members. There is only one person speaking, and he is speaking to the Chair. Speak to the Chair. Look this way to me. Speak to me.
[Crosstalk] Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, the Honourable Member talks about the Desarrollos family and whatnot. But, I googled them too, and I only saw one name— Desarrollos family.
[Desk thumping]
Mr. Sylvan D. Richards, Jr.: Not a.k.a. this, or a.k.a. that, or a.k.a. any other. So, once again, I am encouraging the Bermudian people, pay attention to what is going on in this country.
Hon. Zane J. S. De Silva: They are.
Mr. Sylvan D. Richards, Jr.: Pay attention to what is going on in this country. I know there are people out there who are looking at all this FinTech and bloc kchain and initial coin offerings. You know, public, you got to educate yourself to what is going on, because you do not want to be caught out. You do not want to get caught out.
MINISTERIAL TRAVEL EXPENSES
Mr. Syl van D. Richards, Jr.: Now, I am going to switch gears, Mr. Speaker. There was a controversy this week about mi nisterial travel. Ministerial travel. You know, when the OBA was Government we set up this ministerial travel website for transparency and all that good stuff. You know, all the buzzwords that everyone talks about. Transparency this and transparency that. And I understand that. But the problem I have . . . and I was a victim of it when I was a Minister, when I went to Brazil. Ev eryone jumped all ov er me because of the cost of the Brazil trip and whatnot. And you know, I have reflec ted on it over the years. But what people do not understand is that . . . I am going to try and show how this thing can be manipulated. You see, when a Minister travels o n business, he does not travel by himself. He buys a ticket, he pays for a hotel, he has transportation costs, he has the cost of meals. But so does his permanent secr etary. And so do any consultants who may be on the trip. So when someone goes onto the mi nisterial travel website and sees the picture of a Minister, he says, 2702 6 July 2017 Official Hansard Report
Bermuda House of Assembly Well, he went to London and he spent X amount of dollars on his trip . . . that is not the whole story. It is not accurate. So the people are concerned—
An Hon. Member An Hon. MemberPoint of further clarific ation, Mr. Speaker. [Inaudible interjection]
An Hon. Member An Hon. MemberPoint of clarification for the Member who was just speaking. I wanted to . . . he did say that the OBA set up this site, when he first started speaking.
The SpeakerThe SpeakerI think he was trying to assist all mini sters on both sides. He is just trying to clarify how the process works . . . it is not just the Minister; it is other people in there. I think he was offering a benefit to both sides —
An Hon. Member An Hon. MemberBut, Mr. Speaker, he was —
The SpeakerThe SpeakerI would try and let him finish, in fact, before I jumped to a conclusion—
An Hon. Member An Hon. MemberWell, Mr. Speaker, he was saying that the cost is not truly —
An Hon. Member An Hon. Member—the cost is not reflected. He was saying the cost was not reflective, as if we set it up to be that way. And I was just asking for clarification that he did say that the OBA set up the site as it is set up.
The SpeakerThe SpeakerWell, I think he was making reference to the public’s opinion and he was trying to clarify it. So I would let him finish before I jump to my feet. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. It is a very simple concept, Mr. Speaker. I went on …
Well, I think he was making reference to the public’s opinion and he was trying to clarify it. So I would let him finish before I jump to my feet.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. It is a very simple concept, Mr. Speaker. I went on the website yesterday and I looked. And I saw the Minister’s t ravel expenses. Now, when people are looking at this and they are criticising the Minister, or saying, Well, maybe he should have taken a cheaper flight, and whatnot. My point is this: Even when you look at the ministerial travel website, it is not giving the public the full picture of the costs of the Mi nisters’ travel. So what I am saying is that it is a bit of smoke and mirrors. Okay? Yes, we set it up. I am not disputing that. I am not disputing that at all. What I am saying is that when the public, Mr . and Mrs. Bermuda, look at that website, [they need to] factor in the fact, in addition to the Minister travelling, his or her PS is also travelling, there may be a consultant or two travelling, on the taxpayers’ dime. And everybody knows it. It is like a well-kept secret. I am just trying to bring transparency to the process.
An Hon. Member An Hon. MemberDoes your $30,000 trip include your PS? Mr. Sylvan D. Richards, Jr.: It certainly did. And that is why it got me in trouble, Honourable Member. [Inaudible inter jections] Mr. Sylvan D. Richards, Jr.: Okay? If I had done it the way it is being done, it would have been …
Does your $30,000 trip include your PS?
Mr. Sylvan D. Richards, Jr.: It certainly did. And that is why it got me in trouble, Honourable Member.
[Inaudible inter jections]
Mr. Sylvan D. Richards, Jr.: Okay? If I had done it the way it is being done, it would have been half. So my point is this: This is for Mr. and Mrs. Bermuda: When you look at ministerial travel and you get on the blogs and write letters to the editor, ask the real question, What was the true cost of that trip? Because the ministerial [travel] website is not giving you the full picture. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. I now recognise the Honourable Member fro m constituency 1 [sic] . Honourable Member Swan, you have the floor.
The SpeakerThe SpeakerHonourable Member, you have the floor. ARBITRADE
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. (From constituency 2.) I had no intention of speaking, but I do believe there were some things said that were not correct. The Honourable Member who just took his seat said that if you google “Arbitrade” he mentioned that a name woul d come up. Well, …
The SpeakerThe SpeakerSomebody’s phone; somebody’s phone. [Inaudible interjection]
The SpeakerThe SpeakerMinister. Mr. Sylvan D. Richards, Jr.: And the first thing that comes up, Mr. Speaker, is “D unkley sees Arbitrade ‘red flags’.” The second thing that comes up, if you google “Arbitrade,” is “Arbitrade plans to store gold on island.” That is the Royal Gazette. The third thing that comes …
Minister. Mr. Sylvan D. Richards, Jr.: And the first thing that comes up, Mr. Speaker, is “D unkley sees Arbitrade ‘red flags’.” The second thing that comes up, if you google “Arbitrade,” is “Arbitrade plans to store gold on island.” That is the Royal Gazette. The third thing that comes up is “Arbitrade unveils —
Bermuda House of Assembly The Speaker: Members, Members, I need to hear one voice.
Mr. Hubert (Kim) E. Swan—“Arbitrade unveils bold plans for Bermuda.” Mr. Speaker, when you google “Arbitrade” and you look for Arbitrade’s website, it will list the name of the new CEO, it will tell you things about the board which came to Bermuda very recently to unveil . . . and it was at …
—“Arbitrade unveils bold plans for Bermuda.” Mr. Speaker, when you google “Arbitrade” and you look for Arbitrade’s website, it will list the name of the new CEO, it will tell you things about the board which came to Bermuda very recently to unveil . . . and it was at that time that plans were unveiled about where they hope to look into purchasing a building in Hamilton, as well as the business relationship that they have already established in Bermuda. I believe what Honourable Member De Silva, from constituency 29, was making reference to about when you have an opportunity to govern . . . and I heard the preface of the Opposition looking to make itself somewhat relevant in these times of turmoil that they are enduring, speaking more about we . . . while operating among all types of who knows who behind closed doors, we have a responsibility to govern. And let us not forget that during the period leading up to the Great Recession there were people like Madoff and Stanfield doing business in their very midst. Okay? And so we certainly have to act somewhat r esponsibly because there is any number of people right now working very hard for this Government, as you had people working for your Government, doing wha t is best. What the Honourable Member who gave his maiden speech was speaking about was what the Minister responsible for National Security, who has undertaken this, along with the Premier responsible for Finance, is doing on a daily basis. In fact, when you want to talk about the bloc kchain space, you only have to look . . . you want to google? Google where the Minister of National Secur ity is right now in the OECD dealing with this bloc kchain space. And I know it is complicated for many. But we have a responsibility to look beyond the hype of an Opposition trying to find its relevancy while it tries to figure out how it gets rid of its leader!
Some Hon. Members Some Hon. MembersYes! Right!
Mr. Hubert (Kim) E. SwanThat is the real politics going on over there. And if they can tickle up our leader and our shadow and our Minister of National Security when they are away doing good work for this country to camouflage their significant internal troubles, they will do that. That is called switch …
That is the real politics going on over there. And if they can tickle up our leader and our shadow and our Minister of National Security when they are away doing good work for this country to camouflage their significant internal troubles, they will do that. That is called switch and bait . . . bait and switc h. There is a lot of bait and switch and smoke and mirrors going on! And so, I appreciate when it comes to Members who . . . I believe the Honourable Member, Mr. Richards, genuinely has been sitting back and he genuinely asks questions. But I am duty -bound to say that the name that he put forward is not the first name that comes up when you google “Arbitrade.” Mr. Sylvan D. Richards, Jr.: Point of order, Mr. Speaker.
The SpeakerThe SpeakerState your point of order. POINT OF ORDER Mr. Sylvan D. Richards, Jr.: The gentleman’s name I mentioned spoke at the news conference . . . at the conference call which was broadcast.
Mr. Hubert (Kim) E. SwanI did not say that. Ho nourable Member . . . Mr. Speaker — Mr. Sylvan D. Richards, Jr.: He is the founder of A rbitrade.
Mr. Hubert (Kim) E. SwanMr. Speaker, I did not say that. I said . . . I repeated what he said. He said that the first name that comes up when you google “A rbitrade” is not the name that the Honourable Member mentioned. In fact, you are going to see th at the …
Mr. Speaker, I did not say that. I said . . . I repeated what he said. He said that the first name that comes up when you google “A rbitrade” is not the name that the Honourable Member mentioned. In fact, you are going to see th at the board that came to Bermuda from . . . and the board has connections with PepsiCo. I think people in this area know a little bit about PepsiCo.
[Inaudible interjections]
Mr. Hubert (Kim) E. SwanAnd also, his former CEFO. There were multiple peop le who came from PepsiCo and Lay’s Potato Chips. You see Lay’s Pot ato Chips in stores around here in Bermuda. And you see PepsiCo in Bermuda. So what I am saying is this: If the Honourable Member . . . …
And also, his former CEFO. There were multiple peop le who came from PepsiCo and Lay’s Potato Chips. You see Lay’s Pot ato Chips in stores around here in Bermuda. And you see PepsiCo in Bermuda. So what I am saying is this: If the Honourable Member . . . I was not discounting what you were bringing to the table. I was saying that what you said was not true, because when you google “Arbitrade” that name does not come up, because I googled it.
Mr. Sylvan D. Richards, Jr.: Point of order, Mr. Speaker.
The SpeakerThe SpeakerWe will take your point of order . Let’s straighten this up now. POINT OF ORDER Mr. Sylvan D. Richards, Jr.: When I googled “A rbitrade” the gentleman’s name, Troy Hogg, came up. He is the founder of Arbitrade.
Mr. Hubert (Kim) E. SwanNo, Honourable Member. You said the first name to come up. I am telling you, the first name that comes up when you google “A rbitrade” is “Michael Dunkley.” [Laughter] 2704 6 July 2017 Official Hansard Report B ermuda House of Assembly Mr. Hubert (Kim) E. Swan: Because he is …
No, Honourable Member. You said the first name to come up. I am telling you, the first name that comes up when you google “A rbitrade” is “Michael Dunkley.” [Laughter]
2704 6 July 2017 Official Hansard Report B ermuda House of Assembly Mr. Hubert (Kim) E. Swan: Because he is the person that goes out there bad- mouthing Arbitrade every time he can. I am not discounting what you said, that his name would come up if you did a search for that name and went down. But the first name . . . you google it. Mr. Sylvan D. Richards, Jr.: I did!
Mr. Hubert (Kim) E. SwanIf you google “Arbitrade” the first name that comes up is “Michael D unkley.” He has been the person who has been out there every time this Progressive Labour Party is coming forward with an initiative. He is out there tweeting and the like, operating contrary to the maiden speech …
If you google “Arbitrade” the first name that comes up is “Michael D unkley.” He has been the person who has been out there every time this Progressive Labour Party is coming forward with an initiative. He is out there tweeting and the like, operating contrary to the maiden speech given by the Honourable Member here today under the guise of trying to say , I am being transparent, trying to . . . and in one speech being very disparaging to our own Premier in this space. So the point I am trying to make, Mr. Speaker, is that the Opposition does have a responsibility —
Mr. Hubert (Kim) E. SwanMr. Speaker, I thank my colleague for the assistance. The point I am trying to make—
Mrs. Patricia J. Gordon -PamplinPoint of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order? We will take your point of order. POINT OF ORDER
Mrs. Patricia J. Gordon -PamplinYes, just for clar ity, Mr. Speaker, where it says “top stories” it says “Royal Gazette, Bernews, and Royal Gazette.” Those are the captions on the top stories that have come up on that site. Arbitrade, if you go into the website for “Arbitrade,” which is obviously what my colleague …
Yes, just for clar ity, Mr. Speaker, where it says “top stories” it says “Royal Gazette, Bernews, and Royal Gazette.” Those are the captions on the top stories that have come up on that site. Arbitrade, if you go into the website for “Arbitrade,” which is obviously what my colleague had done, you will then see the component parts of . . . you won’t see the component parts —
Some Hon. Members Some Hon. MembersSit down, that’s not a point of order.
The SpeakerThe SpeakerAh, wait, wait, wait Members. Wait Members, wait Members, both Members, both Members. I realise you haven’t eaten. It is getting late. [ Laughter]
The SpeakerThe SpeakerLet your empty stomachs not cloud your thinking. I think that the point that was made earlier has now been clarified early, meaning, I understood what one Member said, and I understood what other Members are trying to say. One Member said when you open it up this is the …
Let your empty stomachs not cloud your thinking. I think that the point that was made earlier has now been clarified early, meaning, I understood what one Member said, and I understood what other Members are trying to say. One Member said when you open it up this is the first to come, and another says when you first google, this is what comes up. You both made your points. We understand where you are. Can we move forward? Thank you. Hon. Zane J. S. De Silva: Mr. Speaker, I have a point of order.
[Laughter] POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: And the point of order, Mr. Speaker, is the Honourable Member is certainly mi sleading the House. And I am talking about my Honourable Member, because if you—
The SpeakerThe SpeakerYour Honourable Member? Hon. Zane J. S. De Silva: Yes. Because if you heard—
The SpeakerThe SpeakerI think we need to feed these people next time. Hon. Zane J. S. De Silva: —if you heard the Honou rable Member, Mr. Richards, speak, he said that this fellow Hogg was a little dodgy. And I know that he Bermuda House of Assembly does not really mean that …
I think we need to feed these people next time. Hon. Zane J. S. De Silva: —if you heard the Honou rable Member, Mr. Richards, speak, he said that this fellow Hogg was a little dodgy. And I know that he
Bermuda House of Assembly does not really mean that because that means he is insinuating that his own colleague, Mr. Dunkley, is dodgy, because he buys his chips, Lay ’s, from that same particular former chairperson.
The SpeakerThe SpeakerOkay. All right. Members, let’s make a point of this. If dinner is not ordered, we are going to finish before dinnertime comes. Continue on.
Mr. Hubert (Kim) E. SwanI want to make the point that Arbitrade came to Bermuda recently. And also recently in the House the Minister of National Security who also speaks in this space, and the Premi er . . . a Bill was debated just last week which dealt with how this Government will …
I want to make the point that Arbitrade came to Bermuda recently. And also recently in the House the Minister of National Security who also speaks in this space, and the Premi er . . . a Bill was debated just last week which dealt with how this Government will deal with funds that are going to come in that particular space, without reflecting on a former debate. And I believe credit was given because that came out of some concer ns that Members had made. And the Honourable Minister Caines made that point at that particular time. But when you just arbitrarily want to cast a blanket net around Arbitrade, let me remind you that it was not one person who travelled to this Island last week, for which I am sure the Minister of Tourism and all those in Tourism were responsible. There were many new board members who took great pride in announcing that they will be domiciling in Bermuda. They have representatives in this country, legal repr esentatives in this country, representing them at this time as they are looking for a physical presence in this space. And as we signed off on legislation that dealt with the digital currency assets in Bermuda, you would know that the Bermuda Monetary A uthority was very much involved in the formation of that legislation. And when the Honourable Member, my friend, Mr. Ric hards, makes reference to maybe the BDA [Bermuda Business Development Agency] should know what is going on, you know better than I that the BDA . . . had the BDA stayed around, you might have had different outcomes and would not be in the position that you are today. I am speaking about a different BDA, my good friend. Thank you very much.
The SpeakerThe SpeakerThank you, Honourable Member. I note that no other Honourable Members are rising to their feet. So I will rise now and consider this matter closed for the day. ANNOUNCEMENT BY THE SPEAKER APOLOGY
The SpeakerThe SpeakerBut before doing so, let me just make mention that there was an oversight this morning. Honourable Member Michael Scott should have been included in those Members who indicated that they would be absent today. I just wanted that noted for the record. With that, we now adjourn this House …
But before doing so, let me just make mention that there was an oversight this morning. Honourable Member Michael Scott should have been included in those Members who indicated that they would be absent today. I just wanted that noted for the record. With that, we now adjourn this House until Friday next, the 13th of July, at 10:00 am.
[Gavel]
The SpeakerThe SpeakerHave a good weekend, Members.
Some Hon. Members Some Hon. MembersYou too , Mr. Speaker. [At 6:46 pm, the House stood adjourned until 10:00 am, Friday, 13 July 2018] 2706 6 July 2017 Official Hansard Report Bermuda House of Assembly [This page intentionally left blank ]