The SpeakerThe SpeakerGood morning, Members. The Minutes from the last sitting, the 17th of November, have been received. Are there any corrections or amendments? No corrections; no amendments. The Minutes of the 17th of November have been confirmed [ Minutes of 17 November 2017 confirmed] MESSAGES FROM THE GOVERNOR
The SpeakerThe SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The SpeakerThe SpeakerI have, actually, three announcements; two, really. But first is , two Members have indicated that they will be absent today. We received notice from the Honourable Minister Jamahl Simmons . And we have also received notice from MP Ben Smith that he will be absent today , as well. …
The SpeakerThe SpeakerMy other announcement this morning is just to acknowledge the new leadership of the Oppos ition and to acknowledge them. And I trust that the good decorum of the House will continue under your leadership. Congratulations. MESSAGES FROM THE SENATE
The SpeakerThe SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The SpeakerThe SpeakerWe have an indication that there are three papers that are to be put before the House this morning. The first paper is in the name of the Honourable Premier. Honourable Premier, you have the floor. CONSTITUTION OF BERMUDA (CONSTITUENCY BOUNDARIES) ORDER 2017 Hon. E. David Burt: Thank you, Mr. …
We have an indication that there are three papers that are to be put before the House this morning. The first paper is in the name of the Honourable Premier. Honourable Premier, you have the floor. CONSTITUTION OF BERMUDA (CONSTITUENCY BOUNDARIES) ORDER 2017 Hon. E. David Burt: Thank you, Mr. Speaker, and good morning. I have the honour to attach and submit for the consideration of the Honourable House of Assembly the draft Order entitled the Constitution of Bermuda (Constituency Boundaries) Order 2017, proposed to be made under section 54(6) of the Constitution of Bermuda.
The SpeakerThe SpeakerThank you, Mr. Premier. We have a further communication from the Minister of Education. In fac t, Minister, you have two? Hon. Diallo V. S. Rabain: Yes.
The SpeakerThe SpeakerYou can do them now, Minister. BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2017 TO 2018 SCHOOL YEAR) AMENDMENT ORDER 2017 Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly …
You can do them now, Minister. BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2017 TO 2018 SCHOOL YEAR) AMENDMENT ORDER 2017 Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker, and good morning, colleagues. Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Educators Council (Exem ption) (2017 to 2018 School Year) Amendment Order 2017, proposed to be made by the Minister respons ible for Education, acting on the advice of the Exem ption Committee, in exercise of the powers conferred by section 5 and section 20(3) of the Bermuda Educ ators Council Act 2002.
The SpeakerThe SpeakerThank you, Minister. You may continue the second [paper] . 628 24 November 2017 Official Hansard Report Bermuda House of Assembly BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2017 TO 2018 SCHOOL YEAR) ORDER 2017 Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to attach and submit for the information …
Thank you, Minister. You may continue the second [paper] . 628 24 November 2017 Official Hansard Report
Bermuda House of Assembly BERMUDA EDUCATORS COUNCIL (EXEMPTION) (2017 TO 2018 SCHOOL YEAR) ORDER 2017
Hon. Diallo V. S. Rabain: Mr. Speaker, I have the honour to attach and submit for the information of the Honourable House of Assembly the Bermuda Educ ators Council (Exemption) (2017 to 2018 School Year) Order 2017, proposed to be made by the Minister r esponsible for Education , acting on the advice of the Exemption Committee, in exercise of the powers conferred by section 5 and section 20(3) of the Bermuda Educators Council Act 2002.
The SpeakerThe SpeakerThank you, Minister. PETITIONS
The SpeakerThe SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The SpeakerThe SpeakerWe have an indication of four Stat ements this morning. [For] t he first Statement, we acknowledge Mr. Premier . Your Statement ? Hon. E. David Burt: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. JOINT MINISTERIAL COUNCIL Hon. E. David Burt: Mr. Speaker, I rise today to i nform this Honourable House about my visit to the United Kingdom next week to attend the Joint Minist erial Council [JMC] at the invitation of Lord Ahmad of Wimbledon, the Minister of State for …
Good morning.
JOINT MINISTERIAL COUNCIL
Hon. E. David Burt: Mr. Speaker, I rise today to i nform this Honourable House about my visit to the United Kingdom next week to attend the Joint Minist erial Council [JMC] at the invitation of Lord Ahmad of Wimbledon, the Minister of State for the Common-wealt h and the United Nations , at the Foreign and Commonwealth Office. Mr. Speaker, the JMC is the highest forum for political dialogue and consultation between the United Kingdom , and elected leaders and representatives of the British Overseas Territories , for the purposes of providing leadership and promoting cooperation in areas of mutual interest. Mr. Speaker, I look forward to engaging with Her Majesty’s Government and representing Bermuda and all British Overseas Territory Governments as the President of the United Kingdom Overseas Territories Association, Political Council. I will be accompanied by Ms . Kimberley Durrant, the UK Representative within the Government of Bermuda London Office. Mr. Speaker, the priorities for this year will highlight issues such as upholding our right to self - determination, as enshrined under Article 73 of the United Nations Charter , and that this continues to ap-ply to the people of the overseas territories, as the United Kingdom ’s international obligation. Other issues to be discussed will include working in partnership with all governments to support the disaster recovery of those territories that, sadly , were impacted by recent hurricanes. We applaud the United Kingdom ’s recent announcement of an additional [£]15 million to support programmes in reconstructing those territories for their viable economic future. As territories , we will be further encouraging the UK Government to provide all support to these territories , where it is reasonable. Mr. Speaker, t his Honourable H ouse will recall that I recently attended a meeting in Miami, with leaders of those territories impacted by Hurricanes Irma and Maria. As leaders from the Caribbean and Bermuda, we acknowledged that in any natural disaster, there are lessons to be learned. We look forward to outlining a plan for regional disaster management c ooperation, and seeking assistance from the U nited Kingdom in the areas of : • recovery ; • reconstruction and redevelopment ; • resilience building; and • preparedness and m itigation . Finally , Mr. Speaker, we will also discuss matters of tax and transparency , which continues to be a shared priority for us all. We will update the U nited Kingdom on the measures taken by this Government to uphold our commitment in implementing the arrangements under the Exchange of Notes to allow law enforcement to exchange beneficial ownership information. The UK Government continues to uphold the UK Anti -Corruption Strategy as a priority under the Cabinet Office, and this Government will continue to ensure that we meet our obligations under the United Nations Convention Against Corruption [UNODC] . Mr. Speaker, I also look forward to having dialogue on areas of health, human rights, child saf eguarding, environment , and climate change. These areas affect vulnerable s mall- island states , and Be rmuda has much to offer in sharing our areas of expertise, while, at the same time, we learn from others who have made substantial achievement in pr ogrammes within these areas. Mr. Speaker, while in London, I will be atten ding various parliamentary meetings and events , including a meeting with Prime Minister Theresa May, within the margins of the J oint Ministerial Council . On Tuesday, the 28th of November , I will open ing the Bermuda Forum , organised by the Bermuda Business Development Agency [BDA], repr esenting more than two dozen Bermuda executives , participating in a multi -industry forum being held in London next week to showcase the breadth of expertise and advantages offered by the Island’s global business market. It will feat ure t op regulatory and i ndustry leaders in moderated discussion panels covering reinsurance, captive insurance, insurance- linked
Bermuda House of Assembly securities, asset management, family offices, and trust and private- client business. Mr. Speaker, I am delighted to be hosting a networking reception for Bermudians living in the United Kingdom on Monday , the 27th of November , at 7:30 pm at the Clubhouse, 8 St James’s Square in London. The annual event is organised by the Go vernment of Bermuda London Office. This year , we have ex tended an invitation to key industry stakehol ders who will be in London attending the Bermuda Business Development event. This event provides an opportunity for those [Bermudians] studying and r ecently graduated in the United Kingdom to network with key ex ecutives and influencers throughout the Bermuda business community. Mr. Speaker, I acknowledge that there is a growing population of Bermudians who relocated to the U nited Kingdom in areas outside of London. It is my intention that , next year , there will be a similar event in the north of England to accommodate Ber-mudians who do not live in and around London. We had hoped to host a second event outside of London during this visit. However , due to pressing matters specific to Bermuda’s reputation in the Eur opean U nion, and the numerous meetings already lined up, we were unable to add it to this year’s schedule. Mr. Speaker, last month, I informed this Honourable House of my visit to mainland Europe as a result of the uncertainty in Brussels and across the European Union. This uncertainty requires Bermuda to engage directly , at a political level , to educate la wmakers in key member states of the European Union about Bermuda’s leadership in international tax transparency and compliance. Given this continued and urgent need, while abroad, I will also travel to Paris and Berlin for meetings with officials who are respo nsible for tax matters in these countries. During those meetings , I will reiterate that Bermuda is a leader in global tax transparency and that we are fully compl iant with our international obligations. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. We have a further Statement, from the Mini ster of Health. Minister Wilson, would you like to give your Statement? Hon. Kim N. Wilson: Yes, thank you. Good morning,
Mr. Speaker and Honourable Members .
The SpeakerGood morning. UPDATES AND MODERNISATION OF DRUG SCHEDULES Hon. Kim N. Wilson: Mr. Speaker, I am pleased to highlight for this Honourable House and the public that the Government will be laying amendments to the pharmacy and misuse of drugs legislation to bring about important and overdue updates to [legislation …
Good morning.
UPDATES AND MODERNISATION OF DRUG SCHEDULES
Hon. Kim N. Wilson: Mr. Speaker, I am pleased to highlight for this Honourable House and the public that the Government will be laying amendments to the pharmacy and misuse of drugs legislation to bring about important and overdue updates to [legislation regarding] Bermuda’s pharmaceutical drugs. Updating of the drug Schedules is a joint effort by the Ministry of Health and the Ministry of Social Development and Sports. My Honourable Members may be aware that the Misuse of Drugs Act 1972 and the Misuse of Drugs Regulations 1973 aim to reduce the harm from, abuse of, or addiction to controlled drugs that are rec-ognised by the International Narcotic Control Board. Further, the Pharmacy and Poisons Act 1979 regulates pharmacists and pharmacies, and controls the importation and sale of medicinal drugs in Bermuda. Mr. Speaker, these statutes are interrelated ; and as Schedules to the Misuse of Drugs Act 1972 and the Misuse of Drugs Regulations 1973 are updat-ed, Schedules to the Pharmacy and Poisons Act 1979 will also need to be amended. Schedule 3 to the Pharmacy and Poisons Act 1979 lists drugs that can be sold only by prescription. Schedule 3 is compl emented by Schedule 4, which lists drugs that can be sold only at a pharmacy, or by a regis tered pharmacist in a pharmacy. These classifications are necessary health and safety precautions , as they ensure restric ted access to drugs that can cause harm if not properly dispensed and consumed. Mr. Speaker, these updates regulari se a number of drugs that are already sold in Bermuda by prescription, but are not listed in the Schedules. Add itionally, these drugs meet the criteria established by the Ministry of Health and the Pharmacy Council. As in other areas of drug control and regulation, the Mi nistry primarily relies on the expertise and resources of larger jurisdictions to direct our local drug classific ations. Accordingly, Mr. Speaker, the standard criterion typically used for adding drugs to any of the Sche dules is that local classification ali gns with the classif ication of the drug by two out of three of the approved jurisdictions’ regulatory authorities. These regulatory authorities are (1) Canada , which is the Health Canada; (2) USA, which is the Federal Drug Administration; and (3) the UK, which is the Medicines and Healthcare products Regulatory Agency [MHRA] . Mr. Speaker, for a number of reasons, these Schedules had not been updated recently to reflect changes over the years. I am pleased to report that the Ministry of Health and the Phar macy Council have implemented administrative practices that will assist in capturing drugs more readily and identifying needed updates , going forward. Over 260 drugs were recommended for addition to the Schedules during this up-date, as well as the removal of obsolete drugs and the need for several spelling corrections to ensure that the most current spelling is listed in the legislation. These updates include the addition of several controlled drugs that were previously unregulated and that challenged the Ministry’s public health oversight. 630 24 November 2017 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, I would also like to highlight additional updates based on the classification of drugs in other jurisdictions. The drug commonly known as the “morning- after pill” will be made available over the counter. Cur rently, the substance is available only through a prescription, which limits women’s access to emergency birth control. This reclassification aligns , Mr. Speaker, with other jurisdictions such as the US, Canada, and the UK. Further, Mr. Speaker , the u pdates will now permit the importation of Cannabidiol (CBD) -containing products for medicinal purposes to allow more options for treatment. Currently , persons with a physician ’s referral have been able to import CBD -containing products by obtaining an authori sation from the Office of the Chief Medical Officer and the Minister responsible for drug control. These r equests have come, in particular, from persons suffer-ing with terminal illnesses. After some years of handling the requests and doing further research and consultation, it was deter-mined that CBD -containing products with less than 1 per cent tetrahydrocannabinol (THC) could be safely reclassified as an over -the-counter medicine rather than a controlled substance. This will eliminate the unnecessary burden of processing applications and will remove access barriers, based on the low level of risk attributed to the substance. This approach, Mr. Speaker, is consistent with that of other jurisdictions. For example, the UK has recently classified CBD oil as a m edicine. Accordingly, Mr. Speaker, CBD with less than 1 per cent THC content will also be available over the counter by a registered pharmacist in a pharmacy. Mr. Speaker, it is important to note that updating the drugs listed in these Schedules is a continual requirement to ensure that we can regulate the importation, exportation, distribution, and possession of such drugs to protect public health and safety. I personally would like to recogni se and thank Bermuda’s pharmacists, the Department of Customs, and medical practitioners , for their professionalism and patience whil e we endeavour to consistently bring our current legislation up to date. The Pharmacy and Poisons Order 2017, the Misuse o f Drugs Order 2017, and the Misuse of Drugs Amendment Regulations 2017 were published today and are, therefore, in effect. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. The Minister of Health, I recognise you with your next Statement —not Minister of Health— Minister of Education. (Sorry. I was looking at the Minister of Health and seeing the Minister of Education. ) Minister of Education, you have the floor. CEDARBRIDGE ACADEMY’S RE -ACCREDITATION BY THE …
Thank you, Minister. The Minister of Health, I recognise you with your next Statement —not Minister of Health— Minister of Education. (Sorry. I was looking at the Minister of Health and seeing the Minister of Education. ) Minister of Education, you have the floor. CEDARBRIDGE ACADEMY’S RE -ACCREDITATION BY THE MIDDLE STATES ASSOCIATION OF COLLEGES AND SCHOOLS Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, this morning, as Minister of Education, I take this opportunity to congratulate the leadership, staff, parents , and students of CedarBridge Academy on its re- accreditation by the Middle States Association of Colleges and Schools . The acquisition of this accreditation demonstrates just how much the CedarBridge Academy family is committed to contin uous growth, focus, pride, and high standards, as ev idenced by its successful achievement of the interna-tional standards and indicators of quality required for accreditation. Mr. Speaker, for those who may not know, the Middle States Association ( or the Association) of Colleges and Schools is a worldwide leader in accredit ation and school improvement. For over 125 years, the Association has been helping school leaders around the world to establish and reach their goals, develop strategic plans, promote staff dev elopment , and a dvance student achievement. Mr. Speaker, after receiving its first accredit ation in 2007, CedarBridge Academy continued to work hard to maintain and meet the ongoing requirements for accreditation. In October 2017, the CedarBridge Academy family received its second accreditation, which will span seven years, ending in December 2024. Mr. Speaker, t he CedarBridge Academy school community is to be commended for engaging in the Middle States Association’s comprehensive self-evaluation and ext ernal review process , using the Excellence by Design Protocol. By doing so, they have joined nearly 2,800 schools and systems in 34 states , and nearly 100 countries around the world , holding themselves accountable for meeting internationally recogni sed and accepted standards of educ ation quality. Indeed, we must celebrate this achiev ement. This re -accreditation confirms for students and parents that the work taking place at CedarBridge Academy every day on behalf of our young people is both meaningful and of a high quality , and it meets international standards. This accreditation also co nfirms the school’s commitment to adhering to the requirements for the maintenance of accreditation and to ongoing improvement, especially in the areas relating to student performance outcomes. Mr. Speaker, accreditation is a self -evaluation process that schools undergo to demonstrate that they meet a defined set of international performance standards. The accreditation process helps schools — and, ultimately , students —to continuously grow and improve. More specifically, this process involves a self-study that is conducted by the school and r equires input from school leaders, teachers, parents ,
Bermuda House of Assembly and students. Following the self -study, a team of educators from the Association’s member schools co nducts an on- site review visit to observe school oper ations, review evidence, and interview various stak eholders. The visiting team then makes its recomme ndation to the Middle States Association’s Commission, which then votes, after review ing all evidence, whet her accreditation will be granted. Mr. Speaker, CedarBridge Academy faculty, staff, parents , and students worked together to earn this re -accreditation. There are 12 accreditation standards and a multitude of indicators of quality t hat the school had to demonstrate that they had met by providing qualitative and quantitative data and ev idence. The school stakeholders utili sed a collabor ative engagement process in order to carry out this i mportant work. They formed committees, which inclu ded faculty, staff, students, parents , and community stakeholders, and each committee undertook a transparent review of its assigned standard and indicators of quality. Mr. Speaker, CedarBridge Academy met each of the Association’s 12 standards: 1. missio n; 2. governance and leadership; 3. school improvement planning; 4. finances; 5. facilities; 6. school organisation and staff; 7. health and safety; 8. educational programmes; 9. assessment and evidence of student learning; 10. student services; 11. student life and student activities; and 12. information resources . Further, action plans for improving English and math results were also developed in addition to a plan for how the school’s webpage could be used to coordinate the school’s policies, procedures , and essential information. As a r esult of the collective efforts, the school provided a 1,550- page report to the Ass ociation’s review team, in addition to other supporting data and evidence of the work that was carried out by the school Mr. Speaker, when the oral report was given by the Association’s visiting team, the members each provided verbatim commendations and thanks , based on their visit with the school. I will share in part some of these commendations , which included the follo wing: “Rosemary Mathews, Joanne Anderson, and Neville Zuill as the Internal Coordinator co- chairs — without their commitment and organization this self - study could not have been so meticulously completed. It is an example of what was seen throughout our visit in every aspect of the school and its operations. “The Core Leadership Team, the Planning Team, and the School Improvement Team in addition to the Accreditation Committees —for your extraordinary effort in organizing this self -study. You are the chief cheerleaders and the chief nags who ensure the self-study stays in everyone's minds and hearts. You deserve thanks from all of us for the excellent work you have done —and have committed to continue to do—as the CedarBridge Academy action plans are implemented. “We wish to thank the outstanding administr ative t eam for their leadership, enthusiasm, and support of the teachers and children in their care. Not every school has leaders who are so well respected and who are champions of their divisions. We also wish to thank all of the school's teachers and staff for welcoming us into your classrooms. We loved seeing you and your wonderful students in action, which has made the written documents we are reading come alive. “Thanks, too, to the whole staff for making time in your incredibly busy days to meet with us in the numerous interview sessions we conducted. “Special thanks to Dr. Leonard Santucci, Chair of the Board of Governors, who is determined to make CedarBridge the ‘Secondary school of 1 st choice. ’ We wish specifically to acknowledge and thank Principal Kalm ar Richards for the vision that she brings as the principal of this school. She has brought together a talented and cohesive faculty —many of whom were assigned to CedarBridge by the Mini stry—and she has enhanced the reputation of CedarBridge during her tenure. Comments from parents were universally positive about Principal Richards and her leadership. ‘ She is visible, accessible, calm, and honest. ’ ‘The passion of the principal drives the school. ’” Mr. Speaker, school leaders, teachers, st udents , and parents are to be commended for working together to provide a quality educational experience for students , and for creating concrete plans for the future, which will focus building on the high- quality education for all students. The CedarBridge Academy family s hould also be proud of this achievement. I wish them well as they work together to “cultivate Bermuda’s achievers. ” Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. We have one final Statement , from the Mini ster of National Security. Minister Caines, you have the floor. Hon. Wayne Caines: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. GOVERNMENT CRYPTOCURRENCY INITIATIVE Hon. Wayne Caines: Mr. Speaker, I rise today to advise Honourable Members of a new Government init iative in the ar ea of blockchain/distributed ledger tec hnology [DLT]. 632 24 November 2017 Official Hansard Report Bermuda House of Assembly Mr. Speaker, it is a well …
Good morning.
GOVERNMENT CRYPTOCURRENCY INITIATIVE Hon. Wayne Caines: Mr. Speaker, I rise today to advise Honourable Members of a new Government init iative in the ar ea of blockchain/distributed ledger tec hnology [DLT]. 632 24 November 2017 Official Hansard Report
Bermuda House of Assembly Mr. Speaker, it is a well -known fact that, as a result of financial technology [FinTech], technological innovation has been stimulated, financial markets and systems have become more efficient, and the use of FinTech has also improved the overall customer expe-rience. FinTech ecosystems —composed of gover nment, financial institutions, and entrepreneurs —have shown that they can energise the broader local econ-omy by attracting talented, ambitious people and becoming a centre of creative thinking and business activity. That is why this Government is working to create a FinTech industry in Bermuda that will provide ec onomic diversification, bring new business to the I sland, help boost GDP and create meaningful jobs, as well as help prepare our financial system and econ omy for the future. Mr. Speaker, as a result of developments in the FinTech space, this Government is well aware of the increased use globally of tokens, or coins, based on distributed ledger technology [DLT]. This is often used as a means of raising finance, especially by ear-ly stage start -ups. As a matter of fact, the total value of funding raised through tokens, to date in 2017, has outstripped the investments of traditional capital markets. Mr. Speaker, the sale of tokens is often conducted by using terms such as “ initial coin offering (ICO), ” “token sale and initial token offering. ” The growth of this unregulated payment mechanism has led to heightened concerns about its use, legality, accountability, and control. And, while there is much debate about the risks associated with these instr uments, one thing is clear —this disruptive technology is here to stay. Mr. Speaker, Bermuda is committed to buil ding upon its position as an innovative int ernational business centre and is initially considering a compl ementary regulatory framework covering the promotion and sale of utility tokens, aligned with the distributed ledger technology framework. Whilst utility tokens vary widely in design and purpose, in many cases tokens represent securities such as shares in a company, and their promotion and sale need to be regulated as such. More often, utility tokens serve some cryptocurrency or functional use that is unregulated, such as prepayment for access to a product or service that is to be developed by using the funds raised. Because of the ambiguity of cryptocurrencies, this Government will develop a new regulatory fram ework for distributed ledger technology which will become operational in early 2018. These regulations are intended to standardise the activities of firms, operating in or from Bermuda, that use distributed ledger technology to store or transmit value belonging to ot hers, such as virtual currency exchanges, coins, and securitised tokens. Therefore, anyone who intends to launch util ity tokens from Bermuda will be advised to consider the following guidance: Bermuda- based token issuers must join and comply with the code of conduct of the Bermuda Crypto Association, which includes measures t o ensure enhanced business transparency, know your customer [KYC], and anti -money laundering measures. Mr. Speaker, given the continuous and rapid nature of this innovative technology and distributed financial system, I would like to inform members of this Honourable House that the Government will craft an agile and effective means for regulation and compliance for distributed ledger technology, as the Island has done for other industries such as insurance for decades. A task force has been strategically created under the direction of me, the Minister of National S ecurity, to develop and implement a strategy that aids Bermuda in entering this exciting arena. The challenge will be in figuring out how Bermuda can set up an industry that ensures that cryptocurrencies are well regulated in a safe environment for cryptocurrency
firms to grow, whilst also ensuring that this new regulatory environment protects both consumers and the reputation of our jurisdiction. The task force is divided into two teams: the Business Development Working Group, and the Legal and Regulatory Working Group. Members of the task force comprise government technic al officers, officers from the Bermuda Business Development Agency, as well as legal and industry specialists in FinTech. Mr. Speaker, immediate responsibilities for the task force include the following: • Create a Crypto Currency Association with a defined Code of Conduct and Rules of Oper ation. It is the aim for this group to be self - governing. • The Bermuda Monetary Authority , in conjunction with the Ministry of Finance, will work t ogether to draft a letter or document confirming that utility tokens are not a security as long as there is no promise of future value. This will allow companies from all over the world to set up in Bermuda for c rowd funding. • Most important, the Legal and Regulatory Working Group will provide confirmation that utility tokens are not prohibited in or co ntravening any local legislation. Mr. Speaker, up until now, one might have thought that Bermuda had not established itself in the FinTech industry. However, Mr. Speaker, start -up incubators have already been present on the Island, such as the incorporation of two digital currency ent ities—e-sports company Unikrn Bermuda; and iCash, an online entertainment enterprise. This all has hap-pened in the last few months. Bermuda also saw the successful residency of Hub Culture’s digital currency - powered innovation campus at the Ariel Sands property over the summer. Another company, Vaphr, founded by Aron Dutta, the former global head of
Bermuda House of Assembly Blockchain at IBM and Managing Director at Cisco Systems, is in the process of incorporating its global platform on our Island. Mr. Speaker, we want the world to know that Bermuda is a significant option for cryptocurrency - related businesses and that we are expeditiously developing cryptocurrency rules that ensure that crypt ocurrencies will be well regulated and that [Bermuda] is a safe environment for cryptocurrency firms to grow, whilst also ensuring that this new regulatory environment protects consumers and the reputation of our jurisdiction. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. That brings us to a close of Statements by Ministers and Junior Ministers. REPORTS OF COMMITTEES
The SpeakerThe SpeakerThere are none. QUESTION PERIOD
The SpeakerThe SpeakerWe are now on Question Period. And as we know, it is a 60- minute period, and it is now 10:35. Minister s, we have Members who have indicated that they have questions on your Statements. The first is the Statement by the Premier. Premier, we have two Members who …
We are now on Question Period. And as we know, it is a 60- minute period, and it is now 10:35. Minister s, we have Members who have indicated that they have questions on your Statements. The first is the Statement by the Premier. Premier, we have two Members who have indicated that they have questions for you, the first being the Opposition Leader. Honourable Member Atherden, we recognise you, i f you would like to put your question now.
QUESTION 1: JOINT MINISTERIAL COUNCIL
Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Premier, for the benefit of this House and the people of Bermuda, could you clarify, what you mean (on page 2) by “the priority for this year will highlight issues such as upholding our right to self - determination, as enshrined under article 73 of the United Nations Charter . . .”?
The SpeakerThe SpeakerThank you, Opposition Leader. Premier . Hon. E. David Burt: Mr. Speaker, I have no idea how I could provide additional clarity to the Opposition Leader, except for what is listed inside of the Stat ement.
The SpeakerThe SpeakerThank you. Supplementary? [Inaudible interjections] Hon. Jeanne J. Athe rden: Mr. Speaker —
The SpeakerThe SpeakerSupplementary? Hon. Jeanne J. Atherden: Yes, I have a supplementary.
The SpeakerThe SpeakerYes. Continue on. SUPPLEMENTARIES Hon. Jeanne J. Atherden: As I said, I did not want to presume that I knew what the Premier was asking, which is why I asked him to clarify. Because, obviously, under Article 73, it does talk about . . . and I am just going …
Yes. Continue on.
SUPPLEMENTARIES
Hon. Jeanne J. Atherden: As I said, I did not want to presume that I knew what the Premier was asking, which is why I asked him to clarify. Because, obviously, under Article 73, it does talk about . . . and I am just going to make sure that . . . I brought it up a minute ago, but it has disappeared. Article 73 indicates that it is important that everythin g is done with respect to persons wanting to make sure that they have self -determination as it r elates to their political status and, actually, their matur ity or advancement in the political process. And that is why I wanted clarity in terms of what the pr iority would be. And so, I am just clarifying . . . you do not believe that this might refer to independence?
The SpeakerThe SpeakerThank you, Madam Opposition Leader.
Mr. Premier.
An Hon. Member Mr. Premier.
An Hon. MemberTrying to start trouble!
An Hon. Member An Hon. MemberDefinitely. Hon. E. Da vid Burt: Mr. Speaker, I am . . . I do not . . . I know that the Honourable Opposition Leader is brand new in her job. But the fact is that this is not unusual, and these are items which were stated on a …
Definitely. Hon. E. Da vid Burt: Mr. Speaker, I am . . . I do not . . . I know that the Honourable Opposition Leader is brand new in her job. But the fact is that this is not unusual, and these are items which were stated on a repeated basis. And if you would allow me, Mr. Speak er—
The SpeakerThe SpeakerYes. Hon. E. David Burt: I am perfectly happy to also state that this is not something that has not been said in this House before. So, on that basis, Mr. Speaker, I am not entirely sure how I can assist the Honourable O pposition Leader with any additional questions. …
Yes.
Hon. E. David Burt: I am perfectly happy to also state that this is not something that has not been said in this House before. So, on that basis, Mr. Speaker, I am not entirely sure how I can assist the Honourable O pposition Leader with any additional questions. What I would say is that in 2013 [a] similar statement was made by the then Premier, Craig Can-nonier, in a Ministerial Statement, which says that (in the JMC [Joint Ministerial Council] meeting) “ensuring their right to self -determination.” I do not understand. It is something that is said all the time, Mr. Speaker.
The SpeakerThe SpeakerThank you. Any supplementaries or . . . Hon. Jeanne J. Atherden: I have a supplementary. 634 24 November 2017 Official Hansard Report Bermuda House of Assembly The Speaker: A supplementary, your second supplementary . Yes. Hon. Jeanne J. Atherden: My second supplementary is . . . the reason I …
Thank you. Any supplementaries or . . . Hon. Jeanne J. Atherden: I have a supplementary.
634 24 November 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: A supplementary, your second supplementary . Yes.
Hon. Jeanne J. Atherden: My second supplementary is . . . the reason I am raising this is because I have heard that the Premier —and I heard it —that the Premier had indicated at his conference that ind ependence was . . . and I am paraphrasing.
The SpeakerThe SpeakerAnd you can put it in a question form for him to respond to. Hon. Jeanne J. Atherden: Yes, I can put it in a question. [Independence] was a priority. And, therefore, my question is, because the Statement indicates that the priority for this year , and then translated it …
And you can put it in a question form for him to respond to. Hon. Jeanne J. Atherden: Yes, I can put it in a question. [Independence] was a priority. And, therefore, my question is, because the Statement indicates that the priority for this year , and then translated it into the priority for this year, not just being general, but Ber-muda . . . so I wanted clarity as to what has caused this to be a priority. Has something happened over the time whereby we believe that it does not continue to apply to the people of Bermuda? And therefore, is there a —
[Inaudible interjection]
Hon. Jeanne J. Atherden: I did not see it anywhere. [Inaudible interjections]
The SpeakerThe SpeakerThank you. Hon. Jeanne J. Atherden: Mr. Speaker, I am certain that I am talking to you.
The SpeakerThe SpeakerYes, I am following you. Hon. Jeanne J. Atherden: Thank you very much.
Mr. Premier.
Hon. E. David BurtpremierMr. Speaker, as I said, and I am sure the Opposition Leader does not know, but maybe two former Premiers who are sitting behind her can explain to her how the agenda has come up at the Joint Ministerial Council meeting. It is agreed by the 13 Overseas Territories in …
Mr. Speaker, as I said, and I am sure the Opposition Leader does not know, but maybe two former Premiers who are sitting behind her can explain to her how the agenda has come up at the Joint Ministerial Council meeting. It is agreed by the 13 Overseas Territories in numerous meetings in a dvance of the agenda. I am not sure that I can add to the Honourable Opposition Leader’s understanding of this situation, Mr. Speaker. There are a lot of items inside of this Stat ement. If she has any questions talking about what the Bermuda Government is going to do, the issues that we are going to be facing with the Euro pean Union and London, that is perfectly fine. But I am not entirely certain what she intends to get from questioning the agenda which has been set by 13 Overseas Territ ories. The Speaker: Thank you, Premier. Any further questions?
Hon. Jeanne J. Atherden: I have an additional question.
The SpeakerThe SpeakerThis is an additional question? Okay. Addition question from the Opposition Leader. QUESTION 2: JOINT MINISTERIAL COUNCIL Hon. Jeanne J. Atherden: And I will try and make this as clear as possible. I under stand that at this Joint Ministerial Conference there are lots of priorities that come up, and …
This is an additional question? Okay. Addition question from the Opposition Leader.
QUESTION 2: JOINT MINISTERIAL COUNCIL
Hon. Jeanne J. Atherden: And I will try and make this as clear as possible. I under stand that at this Joint Ministerial Conference there are lots of priorities that come up, and self-determination is something that lots of the territ ories want to have addressed. But when I read this Statement, it said, the priorities for this year , and t hen it started to talk about Bermuda. It says, “our right.” It did not say the territories’ right. And so, that, to me, translated into something specific for Bermuda. And as I said, having heard the Statement, that the Premier intended to take Bermuda to independence (and as I say, I am translating), I then need to understand why. And it says that this continues to apply to the people of Bermuda.
The SpeakerThe SpeakerWell, let me help you here, Madam Opposition Leader. It sounds like this question is from the ve in of your last question. And you have used your two supplementaries on that. Hon. Jeanne J. Atherden: No, no. So, Mr. Speaker — [Crosstalk]
The SpeakerThe SpeakerSo, if you are going to take a little di fferent twist on it, add the twist to it now so that we can see that it is not following the same vein. Hon. Jeanne J. Atherden: I will add the twist.
The SpeakerThe SpeakerThank you. Hon. Jeanne J. Atherden: My twist is, in terms of saying that it continues to apply to the people of Bermuda, has something come up in rel ation to the UK Territories or the UK Government to make the Premier believe that this does not continue to be …
Thank you. Hon. Jeanne J. Atherden: My twist is, in terms of saying that it continues to apply to the people of Bermuda, has something come up in rel ation to the UK Territories or the UK Government to make the Premier believe that this does not continue to be something that applies to us? Because he has indicated that he is going to question whether it continues to apply to us. Has something arisen to cause this ?
The SpeakerThe SpeakerPremier. Hon. E. David Burt: Mr. Speaker, no.
The SpeakerThe SpeakerThank you. Any supplementary? No further question? Bermuda House of Assembly Premier, we have two other Members who indicated that they have questions for you, the Ho nourable Member from consti tuency 21. Honourable Member Commissiong, you have the floor. QUESTION 1: JOINT MINISTERIAL COUNCIL
Mr. Rolfe CommissiongGood morning, Mr. Speaker, and thank you. Mr. Speaker, does the Premier anticipate that he will be having discussions on the issue of Brexit and its implications for Bermuda and the Overseas Territories as part of the agenda of this meeting?
The SpeakerThe SpeakerThank you, Member. Premier. Hon. E. David Burt: Mr. Speaker, I thank the Ho nourable Minister [sic] for his question. There is an entire section devoted on Wednesday afternoon with the department for exiting the European Union, where Overseas Territories will be speaking. Leaders of the Overseas Territories will be …
The SpeakerThe SpeakerThank you, Premier. Any supplementary? No further question? Premier, you have one other Member who has indicated that he has a question for you, the Honourable Member from constituency 22. Honourable Member Gibbons, would you like to put your question? QUESTION 1: JOINT MINIS TERIAL COUNCIL
Hon. Dr. E. Grant GibbonsYes. Thank you, and good morning, Mr. Speaker. Mr. Speaker, at the bottom of page 3 the Premier refers to Bermuda’s obligations under the United Nations Convention against Corruption. Could the Honourable Premier give us an update or time frame as to when he thinks the United Nations Co nvention …
Yes. Thank you, and good morning, Mr. Speaker. Mr. Speaker, at the bottom of page 3 the Premier refers to Bermuda’s obligations under the United Nations Convention against Corruption. Could the Honourable Premier give us an update or time frame as to when he thinks the United Nations Co nvention against Corruption is likely to be extended to Bermuda by the United Kingdom Government?
The SpeakerThe SpeakerThank you, Member. Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. I would say that that would form part of my discussions in the United Kingdom. I will be happy to report back to the Minister [sic] —
The SpeakerThe SpeakerTo the Member. Hon. E. David Burt: Sorry. I will be happy to report back to—
The SpeakerThe SpeakerTo report to the House. Hon. E. David Burt: —to the House—
The SpeakerThe SpeakerThank you. Hon. E. David Burt: —on the progress of those items.
The SpeakerThe SpeakerThank you, Premier. Any supplementaries? No further questions? Supplementary? Hon. Trevor G. Moniz: Yes. Yes.
The SpeakerThe SpeakerWe recognise the Honourable Member from constituency 9. Honourable Member Moniz, you have the floor. QUESTION 1: JOINT MINISTERIAL COUNCIL Hon. Trevor G. Moniz: Mr. Speaker, is it the Premier’s intention to take Bermuda to independence? [Inaudible interjections]
The SpeakerThe SpeakerMr. Premier. Hon. E. David Burt: Mr. Premier . . . sorry, Mr. Speaker, I am, without question, endlessly amused by the obsession that the One Bermuda Alliance has with the matter of independence. But let me make it clear for all those persons who are listening, so they can …
Mr. Premier.
Hon. E. David Burt: Mr. Premier . . . sorry, Mr. Speaker, I am, without question, endlessly amused by the obsession that the One Bermuda Alliance has with the matter of independence. But let me make it clear for all those persons who are listening, so they can understand. The word “independence” is inside of the Progressive Labour Party’s constitution. Whenever the Progressive Labour Party has a meeting, that matter is raised because it is inside of the Progressive Labour Party’s constitution. If the Honourable Member wants to know what this Government’s intention is in regard to this parliamentary term, I would ask him to refer to the Progressive Labour Party platform and our Throne Speech of this year, which sets out the agenda for this Government.
[Desk thumping]
The SpeakerThe SpeakerThank you. Supplementary? Hon. Trevor G. Moniz: Yes, Mr. Speaker.
The SpeakerThe SpeakerSupplementary. We recognise the Honourable Member from constituency 9 again. Continue. 636 24 November 2017 Official Hansard Report Bermuda House of Assembly SUPPLEMENTARY Hon. Trevor G. Moniz: Mr. Speaker, what I am as king is regarding this Premier’s intention in this term. He stated at the PLP banquet that he …
Supplementary. We recognise the Honourable Member from constituency 9 again. Continue.
636 24 November 2017 Official Hansard Report
Bermuda House of Assembly SUPPLEMENTARY
Hon. Trevor G. Moniz: Mr. Speaker, what I am as king is regarding this Premier’s intention in this term. He stated at the PLP banquet that he would take Bermuda to independence. Now I invite him to repeat that on the floor of the House.
[Inaudible interjections]
The SpeakerThe SpeakerThank you. Premier, do you wish to answer, or — Hon. E. David Burt: Mr. Speaker, what I would say is that I know that there are Members on that side who, of course, had something that they were doing on Saturday night. So they were not at the Southampton …
Thank you. Premier, do you wish to answer, or —
Hon. E. David Burt: Mr. Speaker, what I would say is that I know that there are Members on that side who, of course, had something that they were doing on Saturday night. So they were not at the Southampton Princess for our wonderful event.
[Inaudible interjection]
Hon. E. David Burt: Exactly. But what I would state to the Members on that side is that I think that they might want to focus on what their party stands for and sorting out their affairs as opposed to bothering with what the Progressive Labour Party’s constitution has.
[Desk thumping and general uproar ]
The SpeakerThe SpeakerAh! Ah! Ah! You have used your two supplementaries. Hon. Trevor G. Moniz: No, no. It is a point of order,
Mr. Speaker.
The SpeakerPoint of order. Okay. Let us hear your point of order. POINT OF ORDER [Misleading] Hon. Trevor G. Moniz: He is misleading the House because he did not answer the question. Can he clar ify that?
The SpeakerThe SpeakerThe Member responded to the question as best he could. [Crosstalk] Hon. Trevor G. Moniz: He did not respond as best he could.
The SpeakerThe SpeakerThat is your opinion. That is of your opinion, Member. Hon. Trevor G. Moniz: Mr. Speaker, it was spoken with prevar ication. The Speaker: Member, that is of your opinion. Any other questions for the Premier on this Statement? No further questions. The next Statement is that from the Minister …
That is your opinion. That is of your opinion, Member. Hon. Trevor G. Moniz: Mr. Speaker, it was spoken with prevar ication. The Speaker: Member, that is of your opinion. Any other questions for the Premier on this Statement? No further questions. The next Statement is that from the Minister of Health. Minister Wilson, there is one Member who has indicated that she has a question for you, the Opposition Leader. Opposition Leader, you have the floor now if you would like to put your question to the Minister of Health.
QUESTION 1: UPDATES AND MODERNISATION OF DRUG SCHEDULES
Hon. Jeanne J. Atherden: Thank you, Mr. Spe aker. Madam Minister, I just want a clarification. This is on page 5, which is talking about one of the drugs that is going to be available over the counter, which is the morning- after pill. And I am quite pleased to see that happening because, obviously, I was aware of it before. My clarification is: There is a mention of “women’s access to emergency birth control.” I want to find out whether the ability to get this over the counter is restricted to women. Because I know that some men have some interest in obtaining the pill for their significant partners.
[Inaudible interjections ]
Hon. Jeanne J. Atherden: I just want a clarification as to, in order to get this, whether a man can come and get this particular pill, or only a woman.
The SpeakerThe SpeakerMember s, her question is: Can men purchase— not that men use it, just that [can] they purchase it? [Inaudible interjections and laughter ] Hon. Kim N. Wilson: Thank you, Mr. Speaker. I understood the question that was being asked. Mr. Speaker, the pharmacy has developed protocols and procedures for …
Member s, her question is: Can men purchase— not that men use it, just that [can] they purchase it? [Inaudible interjections and laughter ]
Hon. Kim N. Wilson: Thank you, Mr. Speaker. I understood the question that was being asked. Mr. Speaker, the pharmacy has developed protocols and procedures for this. It is, like I said, over the counter. The only criterion is that the person who is seeking to obtain this, whether they be he or she, is over the age of 18.
The SpeakerThe SpeakerThank you, Minister. Any further ques tions? No further questions. We now move on to the Statement from the Minister of Education. Minister of Education, you have one Member who indicated he has a question for you, the Honourable Member from constituency 8. Member Simons, would you like to put …
Thank you, Minister. Any further ques tions? No further questions. We now move on to the Statement from the Minister of Education. Minister of Education, you have one Member who indicated he has a question for you, the Honourable Member from constituency 8. Member Simons, would you like to put your question?
Bermuda House of Assembly QUESTION 1: CEDARBRIDGE ACADEMY’S RE-ACCREDITATION BY THE MIDDLE STATES ASSOCIATION OF COLLEGES AND SCHOOLS
Mr. N. H. Cole SimonsThank you, Mr. Speaker. First of all, I would like to commend the parents, students, staff, and the acc reditation team of the CedarBridge Academy for a job well done. I was Mi nister when the team was here from the Middle Schools Association. And the team leader indicated that …
Mr. N. H. Cole SimonsSo, my question to the Mini ster of Educat ion is this: Is he aware of any other schools that have been accredited by this association in Bermuda?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, no, I am not aware of any other schools that have been accredited by this particular accreditation association.
The SpeakerThe SpeakerThank you, Minister. Supplementary?
Mr. N. H. Cole SimonsI will educate him. Yes, I will educate him. The S peaker: A supplementary; go ahead. SUPPLEMENTARIES
Mr. N. H. Cole SimonsMr. Speaker, Berkeley Inst itute was accredited in 2014, and is accredited to 2020. So, my question is: Will these heads of Berk eley and CedarBridge be able to share the report tha t was produced by the Middle Schools Association so that they can learn from each other’s experiences?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, as they are both public institutions, I am sure that the reports can be shared between them.
The SpeakerThe SpeakerThank you, Minister. Supplementary or new question?
Mr. N. H. Cole SimonsCan the Minister table the reports from the Middle Schools Associat ion to this House?
The SpeakerThe SpeakerMinister. Hon. Diallo V. S. Rabain: Mr. Speaker, I will take that under advisement. And if I do bring the reports forth to be tabled, they will be done so in this House. I just have to see the reports first.
The SpeakerThe SpeakerThank you. Any further questions? No further questions. The Honourable Minister Caines, you have two Members who have indicated that they have questions for you, the Honourable Member from constituency 22. Honourable Member Gibbons, you have the floor. QUESTION 1: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Mr. Speaker, I think in relation to the Mini ster’s Statement, we are all aware that blockchain and distributed ledger technologies are hot areas right now. And actually, a number of Bermuda companies have been involved for some time. My question really is about cryptocurrencies. And …
Thank you, Mr. Speaker. Mr. Speaker, I think in relation to the Mini ster’s Statement, we are all aware that blockchain and distributed ledger technologies are hot areas right now. And actually, a number of Bermuda companies have been involved for some time. My question really is about cryptocurrencies. And on page 3 of the Statement, the Honourable Member says, “The challenge will be in figuring out how Bermuda can set up an industry that ensures that cryptocurrencies are well regulated in a safe environment” —
Hon. Derrick V. Burgess, Sr.: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes. POINT OF ORDER 638 24 November 2017 Official Hansard Report Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: Mr. Speaker, I just want to know. Does the Member have any conflicts there? Do you have any current interests to declare?
The SpeakerThe SpeakerThe question is, does the Member have a conflict of interest in this matter?
Hon. Dr. E. Grant GibbonsMr. Speaker, before I was rudely interrupted, I started to say, on page 3 . . .
The SpeakerThe SpeakerThe Member had a question. The Member put a point of order. Everybody is entitled to put a point of order.
Hon. Dr. E. Grant GibbonsYes. Okay. The Honourable Minister says on page 3, “The challenge will be in figuring out how Bermuda can set up an industry that ensures that cryptocurren-cies are well regulated in a safe environment for cry ptocurrency firms to grow, whilst also ensuring that this new regulatory environment protects both …
Yes. Okay. The Honourable Minister says on page 3, “The challenge will be in figuring out how Bermuda can set up an industry that ensures that cryptocurren-cies are well regulated in a safe environment for cry ptocurrency firms to grow, whilst also ensuring that this new regulatory environment protects both consumers and the reputation of our jurisdiction.” The Honourable Member will probably be aware that the C EO of the largest worldwide asset management firm recently said that Bitcoin is an index for money laundering. So, my question is: How will the Honourable Member ensure that we have a robust regulatory structure in place to protect Bermuda’s reputation, in light of the oversight and the upcoming examinations which we will be facing next year?
The SpeakerThe SpeakerThank you, Member. Minister, would you like to respond? Hon. Wayne Caines: Mr. Speaker, as highlighted in the Ministerial Statement, this is a disrupti ve form of technology and currency. And so, anybody who is in traditional banking or in the traditional modus operandi within the banking sphere, they are …
Thank you, Member. Minister, would you like to respond? Hon. Wayne Caines: Mr. Speaker, as highlighted in the Ministerial Statement, this is a disrupti ve form of technology and currency. And so, anybody who is in traditional banking or in the traditional modus operandi within the banking sphere, they are going to always see this as something that they do not want to support. So, even local banking establ ishments will a lways find a problem with cryptocurrency. Mr. Speaker, what we have done . . . and if you could look at this clearly, we have established and will be establishing a legal and regulatory body. The legal and regulatory body will be putting together a legal framework to deal with cryptocurrencies as an entirety. And so, what this means is that we have people from the Bermuda Monetary Authority. We have people from NAMLAC [National Anti -Money Laundering Committee]. And they are the people who deal with money laundering and making sure that we are prepared for oncoming examinations. We have people from the law firms. We have people from the Registry of Companies. So, what we realise is that this has to be reg ulated. This is an emerging market. We realise that we want to be on the forefront. If this was easy, everyone would be doing it. We realise, just like the reinsurance market 40 years ago, it was new and emerging. We had to put building blocks in place to protect it. Num-ber one, we have the le gal and the regulatory team that will be looking at going down the street and ma king sure that we have the proper frameworks, that we are not encroaching on laws, looking at Bitcoin. We have the most pre- eminent people locally and in this field. Then, the second phase, as you saw in the press statement, we have the business development team. They are our fishermen. They are our turks . They will be going out and attracting new businesses to Bermuda, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Supplementary or further question?
Hon. Dr. E. Grant GibbonsYes. Does the Minister feel, as he indicates in his Statement, that —I think it is called the Cryptocurrency Association— that a self - regulatory organisation will provide sufficient protec-tion for regulation of cryptocurrencies?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: We established the group there in the phase by making recommendations from the legal and the regulatory perspective. And we believe, when the work has been done in fulsome, we will be able to have a clear path forward. But we are in …
Thank you, Member. Minister.
Hon. Wayne Caines: We established the group there in the phase by making recommendations from the legal and the regulatory perspective. And we believe, when the work has been done in fulsome, we will be able to have a clear path forward. But we are in the phase of rolling this out as we speak, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Supplementary?
Hon. Dr. E. Grant GibbonsThe Minister will prob ably be aware that there are over 1,000 cryptocurre nBermuda House of Assembly cies currently existing. And there was conc ern recently about Russian cryptocurrencies. How will the cryptocurrencies be vetted before actually setting up here?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: To be clear, Mr. Speaker, my friend (the [Member]), is talking about cryp tocurrencies. Mr. Speaker, to be clear, at this stage we are focusing on tokens.
The SpeakerThe SpeakerThank you, Minister. New question? QUESTION 2: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Hon. Dr. E. Grant GibbonsYes, Mr. Speaker, new question. Can the Honour able Member give us indic ation of where the BMA [Bermuda Monetary Authority] currently stands with respect to cryptocurrencies and their perspective, given the fact that cryptocurrencies are a featured part of his Ministerial Statement?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: The Bermuda Monetary A uthority are working with us in this endeavour. They form a part of our legal and regulatory team. When the work is done in fulsome it will be collaborative. It will include every element of our legal and regulatory …
Thank you, Member. Minister.
Hon. Wayne Caines: The Bermuda Monetary A uthority are working with us in this endeavour. They form a part of our legal and regulatory team. When the work is done in fulsome it will be collaborative. It will include every element of our legal and regulatory bi osphere in Bermuda, and we will be able to provide this House with a fulsome report on the conclusion of the work of that particular committee, sir.
The SpeakerThe SpeakerThank you, Minister. Supplementary or new question?
Mr. Speaker.
The SpeakerThird question, yes. QUESTION 3: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Hon. Dr. E. Grant GibbonsYes. The Honourable Member refers to utility tokens. And, obviously, there has been a lot of discussion about whether or not these can be considered to be securities, because there is a lot of vagueness about some of the naming that goes on in this particular area. I guess the …
Yes. The Honourable Member refers to utility tokens. And, obviously, there has been a lot of discussion about whether or not these can be considered to be securities, because there is a lot of vagueness about some of the naming that goes on in this particular area. I guess the question I have, Mr. Speaker, is, given the SEC [Securities and Exchange Commis sion] and some of the other regulatory agencies, is it clear that a utility token will not be considered a security by the BMA, and therefore subject to a regulation under the Investment Business Act or other Acts?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: If the Member would look at the Statement, when it comes to utility tokens we have a clear position on that, and it is articulated in the Statement. The Bermuda Monetary Authority, when we have finished, will be able to articulate in fulsome …
Thank you, Member. Minister.
Hon. Wayne Caines: If the Member would look at the Statement, when it comes to utility tokens we have a clear position on that, and it is articulated in the Statement. The Bermuda Monetary Authority, when we have finished, will be able to articulate in fulsome our position on everything. Mr. Speaker, we believe that this is an opportunity for the Government to lead in bringing new technology to Bermuda in FinTech, in MedTech, in EdTech—an opportunity for us to employ Bermudians, and thi s is a significant step -change. In order for us to do it, we must be brave, and at the same time we must protect the reputation of our country that, for years, we have gone out to put forth and to make sure it is sterling. Every element at every stage, in every component of this, we will make sure that we have the legal and regulatory framework, not just in security tokens, but in every part of this distributed ledger technology. So let us not focus on any particular entity. We have two bodies that are foc using on the work of putting together a legal and regulatory framework. And, as we finish, we will be able to bring to this, our most honourable and noble House, our findings and the way forward, and a complete and fulsome and wholesome discussion on crypt ocurrencies for this House, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Supplementary?
Hon. Dr. E. Grant GibbonsGiven both the promise, perhaps the hype, but also the concerns about this area, will the Honourable Minister undertake to come back to the House, perhaps early next year and give us an update as to where this stands? Because we are, in many respects, dealing with the Wild West …
Given both the promise, perhaps the hype, but also the concerns about this area, will the Honourable Minister undertake to come back to the House, perhaps early next year and give us an update as to where this stands? Because we are, in many respects, dealing with the Wild West out there. I think there is a lot of promise, actually, with respect to InsurTech, RegTech and others. But I think there is also concern about how this could be reput ationally damaging, as well, if not properly handled. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mem ber. Minister. 640 24 November 2017 Official Hansard Report Bermuda House of Assembly Hon. Wayne Caines: Mr. Speaker, I was just going to rise and say yes and sit down.
The SpeakerThe SpeakerThat would have been good enough. Hon. Wayne Caines: Mr. Speaker, but, that term, “Wild West ,” those are the things that scare people in our c ountry from understanding technology. By the very nature of this technology, it is scary to some people when you start using words like …
That would have been good enough. Hon. Wayne Caines: Mr. Speaker, but, that term, “Wild West ,” those are the things that scare people in our c ountry from understanding technology. By the very nature of this technology, it is scary to some people when you start using words like “ bitcoins ” and “cryptocurrencies ” and “ utility tokens .” What we are saying is we believe that the modus operandi that has been used in Bermuda for the last 40 years is not good enough. You cannot lament that there are no businesses coming to Bermuda, that Bermudians are leaving because there is no opportunity. This Government is doing something that the last Government did not do —try to build a future so that all Bermudians can have a piece. We are going to make sure that this is regulated and that it does not affect our reputation. So, yes, as soon as is practicable we will bring back our findings to this most honourable and noble House.
Hon. Dr. E. Grant GibbonsThe Honourable Member, I think inadvertently, was misleading the House. Discussion of block chain, distributive ledger technol ogy, it was well underway in the last couple of years.
The SpeakerThe SpeakerThank you. Minister, you have one other Member who has indicated that he has a question for you, the Honourable Member from constituency 8. Honourable Member Simons, would you like to put your question? QUESTION 1: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Minister, is there a difference between the Bermuda Crypto Association and then, in your imm ediate responsibilities to say a Cryptocurrency Associ ation? Is there a difference between the two bodies? Hon. Wayne Caines: No. No difference.
The SpeakerThe SpeakerOkay. Supplementary. SUPPLEMENTARY
Mr. N. H. Cole SimonsSo, if there is no difference, then the headings of these associations are wrong. And does the Bermuda Crypto Associati on exist a lready?
The SpeakerThe SpeakerOkay. Second question. QUESTION 2: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Mr. N. H. Cole SimonsWill the working bodies look to see what impact this new industry will have on local fiscal policy and taxes? Because, historically, there are issues with regard to taxation and the implications, because it is deemed to be a private currency.
The SpeakerThe SpeakerMinister. Hon. Wayne Caines: Mr. Speaker, we will have a total look at every element of it. Again, we have el ements from all of the key stakeholders in the financial community, the legal community, and the regulatory, financial/regulatory community. And we believe that, with the right discussions and we …
Minister.
Hon. Wayne Caines: Mr. Speaker, we will have a total look at every element of it. Again, we have el ements from all of the key stakeholders in the financial community, the legal community, and the regulatory, financial/regulatory community. And we believe that, with the right discussions and we have the right people in the room, yes, indeed, such things will be co nsidered.
The SpeakerThe SpeakerThank you, Minister. Member, is this a supplementary or a new question?
The SpeakerThe SpeakerGo ahead. Bermuda House of Assembly SUPPLEMENTARY
Mr. N. H. Cole SimonsAre we considering having a Bitcoin or an Ethereum exchange, or a token ex-change, in Bermuda? Hon. Wayne Caines: I didn’t hear the question.
The SpeakerThe SpeakerOkay, your third question. QUESTION 3: GOVERNMENT CRYPTOCURRENCY INITIATIVE
Mr. N. H. Cole SimonsThis issue is a challenge for most central banks. And I know the banks with the same process, based on what I read in the Bank for International Settlements [web page] . Are we prepared to work with other central banks in crafting our template for going forward, from a …
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: Mr. Speaker, we are developing the policy. We have the relevant people in the room. They are going to look at this thing from the start to the finish, leaving no stone unturned. We have conf idence in the people whom we have …
Thank you, Member. Minister. Hon. Wayne Caines: Mr. Speaker, we are developing the policy. We have the relevant people in the room. They are going to look at this thing from the start to the finish, leaving no stone unturned. We have conf idence in the people whom we have chosen , that they will be able to put the proper legal and regulatory framework together. And after the look at it, and after they give us their determination, we will be able to update this most noble House, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Supp lementary? No further questions? Supplementary? SUPPLEMENTARY
Mr. N. H. Cole SimonsSupplementary. Will we allow the issuing of, issuance and production of Bitcoins, Ripple, and Ethereum from Bermuda? The actual coins, will they be issued—for instanc e, minted— in Bermuda?
The SpeakerThe SpeakerThank you, Member. Minister. Hon. Wayne Caines: Mr. Speaker, we have established a legal and regulatory group. We have estab-lished a business development working group. We are going to wait and see what recommendations come, for the clear path forward. And we will be able to u pdate this most …
The SpeakerThe SpeakerThank you, Minister. No further questions, no further supplementaries? That brings us to a close of the Question P eriod. Thank you, Members. CONGRATULATORY AND/OR OBITUARY SPEECHES
The SpeakerThe SpeakerPremier, are you on your feet? No? Does any Member wish to speak? I recognise the Honourable Member from constituency 23, the Honourable Member Gordon, the Honourable Member Pamplin- Gordon, you have the floor.
Mrs. Patricia J. Gordon -PamplinGordon- Pamplin. You will get there, Mr. Speaker. It’s okay.
The SpeakerThe SpeakerI was about to leave it out that time. Go ahead.
Mrs. Patricia J. Gordon -PamplinIts ok , Mr. Speaker. Mr. Speaker, I would just ask that this Honourable House send congratulations to Warwick Academy, the school, as they dedicated their swi mming pool two days ago to Flora Duffy. I think this is something with which the whole House would want to be associated. …
Its ok , Mr. Speaker. Mr. Speaker, I would just ask that this Honourable House send congratulations to Warwick Academy, the school, as they dedicated their swi mming pool two days ago to Flora Duffy. I think this is something with which the whole House would want to be associated. Flora Duffy was in attendance. And it was just such an incredible lesson in her development to know that not only is she a top- class first -class at hlete, she came through their music programme, she came through their academic programme with abs olute top honours. So, it is really wonderful to know that we in Bermuda have produced such a world- class athlete —
An Hon. Member An Hon. MemberA world champion. 642 24 November 2017 Official Hansard Report Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Yes, such a world champion athlete, and that she is so well rounded. In addition, Mr. Speaker, s he is going to be married in three weeks’ time, on the 16th …
A world champion. 642 24 November 2017 Official Hansard Report
Bermuda House of Assembly Mrs. Patricia J. Gordon -Pamplin: Yes, such a world champion athlete, and that she is so well rounded. In addition, Mr. Speaker, s he is going to be married in three weeks’ time, on the 16th of December. And I would ask that this Honourable House send her con-gratulations and best wishes, as well.
The SpeakerThe SpeakerThank you. I recognise the Honourable Minister De Silva, from constituency 29. Minister, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like the House to send congratulations to Mr. David Lambert and Elbow Beach Hotel. David Lambert has recently launched …
Thank you. I recognise the Honourable Minister De Silva, from constituency 29. Minister, you have the floor.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, I would like the House to send congratulations to Mr. David Lambert and Elbow Beach Hotel. David Lambert has recently launched what he calls our Bermuda Treasures Programme. And you may recall my just touching base on this a couple of weeks ago. Well, I am happy to say that it is now underway. The programme is fully subscribed. But he will not turn anyone away . And if you reme mber, Mr. Speaker, this initiativ e that Mr. Lambert and Elbow Beach have initiated requires participants to take part in their tennis programme down at Elbow Beach, but you have to be over 65. And it ties in nicely with what Health Minister Wilson has been talking much about lately, about exercising and how our seniors should take part. Mr. Speaker, I would also like to send congratulations to Mr. Paul Spring and Dunkley’s, who have, very kindly, donated not only Gatorade and w ater, but also many refreshments for our seniors who are taking part. I would also like to congratulate Butterfield & Vallis, who are giving— and the Health Mini ster will be happy to hear that they are giving fresh fruit, energy bars, and healthy treats for our seniors who are participating. And I would also like to f inish off, Mr. Speaker, if I can, by offering congratulations and thanks to the coaches, Barbara and Jackie Lambert, Terry Smith, Jerome Bradshaw , Eldon Daniels , Earl Leader , Christopher Weeks and Walter Burgess . Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. I now recognise the Honourable Member from constituency 21. Honourable Member Commissiong, you have the floor.
Mr. Rolfe CommissiongThank you, Mr. Speaker. I just want to take a couple of minutes to recognise a Bermudian poet, singer , artist, who, origina lly, I believe, is from the Somerset community —that being none other than Lesleyann Idell Virgil, who passed away recently due to cancer that she struggled with …
Thank you, Mr. Speaker. I just want to take a couple of minutes to recognise a Bermudian poet, singer , artist, who, origina lly, I believe, is from the Somerset community —that being none other than Lesleyann Idell Virgil, who passed away recently due to cancer that she struggled with for some time. Again, from that Virgil clan up at the West End. And Lesle yann Idell Virgil I knew personally —a great woman. And I am sure there are other Members on both sides who want to associate with the condolences that I am extending to her fam ily. Again, she was a great credit to Bermuda and tilled that field, as I alluded to, with respect to her love of art as an artist, her love of music as a musician, as a singer. And she is going to be sorely missed. Thank you, Mr. Speaker.
The SpeakerThe SpeakerI recognise the Honourable Minister for Education. Minister, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I rise today to ask this Honour able House to send congratulations to all of the recip ients of [the prizes given] at the Berkeley Institute last …
I recognise the Honourable Minister for Education. Minister, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I rise today to ask this Honour able House to send congratulations to all of the recip ients of [the prizes given] at the Berkeley Institute last night. It was a wonderful experience—121 students received prizes, based on their academic and their sports achievements. One of the things, Mr. Speaker, that I do believe warrants speaking about on this particular topic is the absence of the Royal Gazette to cover this particular experience. I find i t quite amazing that whenever anything goes wrong in our schools, I receive an email almost immediately about it. But we had a wonderful experience, where 121 students walked across that stage, received awards, and the press did not get there to cover that , Mr. Speaker. I found that quite, quite a telling topic. But, thank you, Mr. Speaker. I really do wish that we could send a letter of [commendation for the] achievement, a letter of thank -you. And congratul ations to the Berkeley Institute for the wonderf ul things that they are doing up there. And next week, when we are at CedarBridge, I hope to see the press there, as well.
The SpeakerThe SpeakerThank you, Minister. I recognise the Honourable Deputy Leader — Deputy Speaker, rather (I am sorry). Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you. Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks concerning Lesleyann Virgil, who was a constituent of mine down …
Thank you, Minister. I recognise the Honourable Deputy Leader — Deputy Speaker, rather (I am sorry). Deputy Speaker. Hon. Derrick V. Burgess, Sr.: Thank you. Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks concerning Lesleyann Virgil, who was a constituent of mine down in the Bible Belt. I am sure she will be sorely missed by her parents and si blings and family. Mr. Speaker, also I would like to send condolences to the family of Ms. Emily [Delouris Ismay] Simmons. She is the mother of Collin Simmons, the Education Officer and Organiser at the Bermuda I ndustrial Union. And she will cert ainly be sorely missed by Collin and his siblings, and the entire family. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you. I recognise the Honourable Member from constituency 22. Honourable Member Gibbons, you have the floor.
Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker. Bermuda House of Assembly Mr. Speaker, I rise this morning to ask that condolences be sent to a long- serving former civil servant. I am talking about Jim Hannam, who passed away quite recently. He was the Accountant General for a number of years and served …
Thank you, Mr. Speaker.
Bermuda House of Assembly Mr. Speaker, I rise this morning to ask that condolences be sent to a long- serving former civil servant. I am talking about Jim Hannam, who passed away quite recently. He was the Accountant General for a number of years and served under Mansfield Brock. I think Member Kim Swan would like to be associated. He served under Mansfield Brock and then under [ Idwal Wyn] “Walwyn” Hughes as Financial Secretary. When he retired, Heather Jacobs Matthews took over his position. (Full disclosure —he was also married to a cousin of mine.) So, I would ask that condolences be recognised for his wife, Nancy, and daughter, Deborah. He has other children by marriages, as well. Jim Hannam was also quite involved as a swimming coach, was involved with the Girlguiding Bermuda and a number of other charities, Committee of 25 for Handicapped Children, Police Club, Mar iners, and I think he was also a Freemason, as well. So I would ask that condolences be passed on. While I am on my feet, Mr. Speaker, I would also like to be associated with the condolences to the family of L . A. Virgil. Certainly, a unique individual in many respects, and struggled, obviously, for quite a long time with her illness. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Would any other Member wish to speak? I recognise the Honourable Member, Mrs. Jackson. Mrs. Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. I would just like to rise to my feet to congrat ulate Kelly Hunt for the opening of her Gombey art show at the Bermuda Society of Art. Associations are coming from around the House. She is also the wife of former Member of Parliament, Dante …
Thank you, Mr. Speaker. I would just like to rise to my feet to congrat ulate Kelly Hunt for the opening of her Gombey art show at the Bermuda Society of Art. Associations are coming from around the House. She is also the wife of former Member of Parliament, Dante Hunt. So, I am sure that the entire House would like to be associated with her recognition for not only opening up an art show at the Bermuda Society of Arts, but Kelly Hunt is now embracing the Gombey dance and culture here in Bermuda. And she has done a remarkable job of establishing a real visual eye and visual record for not only an artistic perspective, but also historical and cultural perspective for the Island of Bermuda. And so, I want to acknowledge her and her efforts to really em-brace and capture, visually, this beautiful cultural icon on our Island. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. I recognise the Honourable Member from constituency 26. Honourable Member Tyrrell, you have the floor if you still wish. You look like you do not have a statement, eh?
Mr. Neville S. TyrrellMr. Speaker, I was going to yield to the Minister, but he stepped down. Good morning, Mr. Speaker, and everyone else.
Mr. Neville S. TyrrellMr. Speaker, I would like congratulations to be sent to various persons at the T. N. Tatem Middle School. I had the pleasure of attending their Power Leaders Assembly —
Mr. Neville S. Tyrrell—Power Leaders Assembly very recently, to honour 38 Power Leaders. (I will certainly not read out the names of the Power Leaders.) But I would like to say that the school itself is under the able leadership of Ms. Garita Coddington, as the Principal; and Ms. Terrylynn Doyle the Deputy …
—Power Leaders Assembly very recently, to honour 38 Power Leaders. (I will certainly not read out the names of the Power Leaders.) But I would like to say that the school itself is under the able leadership of Ms. Garita Coddington, as the Principal; and Ms. Terrylynn Doyle the Deputy [Princ ipal]. On that day, as I said, 38 students were acknowledged as Power Leaders. And just for the i nterest of the House, I will e xplain what a Power Lea der is by reading, if you will allow me, Mr. Speaker?
Mr. Neville S. TyrrellTo read the first line of their mission statement. It says, “The power of one equips me with the tools to understand who I am and what I want to do and where I want to go in life.” And as I said, there were 38 of these students who …
To read the first line of their mission statement. It says, “The power of one equips me with the tools to understand who I am and what I want to do and where I want to go in life.” And as I said, there were 38 of these students who made that level. I would also like, Mr. Speaker, to acknowledge the guest speaker, who is an alumni of T. N. Tatem, Mr. Seon Tatem , who was ab ly intr oduced by his sibling, Sekai Tatem . Mr. Tatem certainly had some words of wisdom for the young people that I certainly think they fully understood, and [those words] should serve them well, going forward. Mr. Speaker, thank you for that. And as I said, congratulations could be sent. Thank you.
The SpeakerThe SpeakerThank you. Thank you, Honourable Member. I now recognise the Honourable Minister. Minister Caines, you have the floor. Hon. Wayne Caines: Mr. Speaker, this week we have the Tech Awards 2017. Mr. Speaker, this was the 10 th anniversary of the Tech Awards sponsored by the Department of ICT Policy …
Thank you. Thank you, Honourable Member. I now recognise the Honourable Minister. Minister Caines, you have the floor.
Hon. Wayne Caines: Mr. Speaker, this week we have the Tech Awards 2017. Mr. Speaker, this was the 10 th anniversary of the Tech Awards sponsored by the Department of ICT Policy and Innovation. This year, the Innovation of the Year award went to the Bermuda Broadcasting Company for advancing, and the work that they have done in, technological advances during the America’s Cup. There were two winners for the first prize, and the other was First Atlantic Commerce, who presented a compelling new advancement for the development of a virtual point -to-point purchase terminal and secure encryption for processing credit cards. 644 24 November 2017 Official Hansard Report
Bermuda House of Assembly Under the Mobile Application of the Year, Mr. Speaker, the finalists were very, very close. Mr. Michael Starling did an innovative Kemonomahjong i nnovation of a popular Chinese game called Mahjong. Then you had Mr. Daron Lowe. Mr. Daron Lowe put together an online version of Kiesha the Mermaid. Mr. Chris Phillips presented something and was awarded for Dealio, a Bermuda- based app to help people to do GPS tracking and alert users when they come by a vicinity of a stor e that had something that is a special deal. Ms. Alison Swan, Mr. Speaker, presented a Winnow Tours app, which provides a unique package for Bermuda- based experiences, welcoming tourists to our Island. The Local Market Focus category prizes went to PTix f or helping and creating a memorable Amer ica’s Cup app. And then, the organisers of www.WEcount.bm, developed by Stratton Hatfield, Juan Curtis, and Thomas Stowe—they are an online polling website that presents opinions from registered and authenticated par ticipants. The Most Innovative Youth Project awards went to BermyCreatives. These are two young men, Donryco Alick and Kaz Godfrey. They make videos and stories. PAYAKID, Mr. Speaker, gets summer jobs and jobs for young people who are looking to find jobs in our community. Saltus students presented Papaya. Papaya is a sophisticated grocery app that enables consumers to go online and buy groceries in Bermuda. Last, Mr. Speaker, the BHS [Bermuda High School] had a Robotics team [Team Bermuda FIRST Global Rob otics], who placed 59 th out of 163 teams, an all -girls team, in a competition in which they acqui tted themselves well. Mr. Speaker, hats off to Dr. Marisa Stones and her team at the Department of ICT and Policy. Again, Mr. Speaker, they are bringing inno vation to our country in many different aspects. And this is the 10th year that awards were given. And we would just like to tip our hats there, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. I recognise the Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Good morning, Mr. Speaker.
The SpeakerThe SpeakerGood morning. Hon. Michael J. Scott: Mr. Speaker, I would like to offer, on behalf of this House, the hearty congratul ations to the Mental Health Court team. Mr. Speaker, both Minister Caines, whose remit this comes under, and the Honourable Minister of Health, Ms. Kim Wi lson, wish to …
Good morning.
Hon. Michael J. Scott: Mr. Speaker, I would like to offer, on behalf of this House, the hearty congratul ations to the Mental Health Court team. Mr. Speaker, both Minister Caines, whose remit this comes under, and the Honourable Minister of Health, Ms. Kim Wi lson, wish to be associated. But, Minister Caines and I bore witness to the Mental Health Court being presi ded over by the Worshipful Maxanne Anderson, whose ability and experience now in dealing with the Mental Health Court shines through. I would particularly like to just reflect, though, on the congratulations of this House to members who graduate in the Mental Health Court —a young ge ntleman by the name of Robert Branco. But to commend the team with the words given by Mr. Branco’s father —this is what he said: “I’d like to thank all of the Mental Health Court team, and recall how vulnerable individuals were treated as entertainment in years gone b y in the press, and not with compassion. Those who had the foresight to introduce the Mental Health Court, where persons are received with dignity and compassion and validation of their needs, is to b e commended.” Those were such touching words, but they absolutely reflected, Mr. Speaker, the good work that is now going on in the Mental Health Court. This Mental Health Court initiative came out of the Progressive Labour Party’s early introduction of the alternatives to incarceration legislation in 2001. Thank you, Mr. Speaker, for that opportunity.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak on condolences or congratulations? I recognise the Honourable Member Swan. Are you on your feet there at the end? Honourable Member Swan.
Mr. Hubert (Kim) E. SwanYes. Good morning, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences extended to the family of Mr. James Hannam. And I want just a note sent to his family that includes the fact that I knew Mr. Hannam back as far back as the early …
Yes. Good morning, Mr. Speaker. Mr. Speaker, I would like to be associated with the condolences extended to the family of Mr. James Hannam. And I want just a note sent to his family that includes the fact that I knew Mr. Hannam back as far back as the early 1970s when, I believe, he moved . . . well, I know he moved into the comm unity of Coral Acres of Southampton, where his chi ldren and my friends and cousins and I all ran around that hill and played together. I fondly remembered him from then, and knew him throughout his time in Ber-muda, which extended to being an Accountant General and extended to also being—
Mr. Hubert (Kim) E. Swan—involved in freemasonry and in many other aspects of Bermuda, where he was always one who was prepared to work and be very kind and accommodating wherever he was involved in those types of organisations. So, to his daughter, whom I have known mostly all of my life, whom I …
—involved in freemasonry and in many other aspects of Bermuda, where he was always one who was prepared to work and be very kind and accommodating wherever he was involved in those types of organisations. So, to his daughter, whom I have known mostly all of my life, whom I keep in contact with through Facebook, I send deepest condolences to her. And may he rest in peace.
The SpeakerThe SpeakerThank you, Member. I recognise the Opposition Leader. Opposition Leader, you have the floor. Bermuda House of Assembly Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I ris e to also add my congratul ations to David Lambert with respect to the seniors tennis event that he is …
The SpeakerThe SpeakerYes. Mm -hmm. Hon. Jeanne J. Atherden: David and I have had this conversation for over a year as to how this event could occur. So, to actually see that it has come to fruition is very pleasing. I just hope that at some point in time I will actually …
Yes. Mm -hmm.
Hon. Jeanne J. Atherden: David and I have had this conversation for over a year as to how this event could occur. So, to actually see that it has come to fruition is very pleasing. I just hope that at some point in time I will actually get to participate. And I am going to associate Honourable Member Gordon- Pamplin, because not only is she an avid tennis buff, but we also believe, going forward, on this side, that the more we can do in terms of getting seniors healthy is very important. I would like to also be associated with the congratulations that were sent to Flora Duffy. And, as we go forward, to have recognition to our athletes, especially at the time when they are in the prime of their careers, it is very important. So often, congratul ations and namings come long after the event. So it is very good to see that this occurred. And I would like to think that there will be more namings for other people as they do things. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Madam Opposition Leader. Does any other Member wish to speak? I recognise the Government Whip. Honour able Member Weeks, you have the floor.
Mr. M ichael A. WeeksThank you, Mr. Speaker. Good morning to you. Mr. Speaker, as I rise to my feet this morning, I would like to acknowledge the literacy Reading Pr ogramme up at CedarBridge Academy. This morning, I had the honour and pleasure to represent the Minister of Education, the Honourable Mr. Rabain, …
Thank you, Mr. Speaker. Good morning to you. Mr. Speaker, as I rise to my feet this morning, I would like to acknowledge the literacy Reading Pr ogramme up at CedarBridge Academy. This morning, I had the honour and pleasure to represent the Minister of Education, the Honourable Mr. Rabain, who could not make it today. But MP Famous and I were there. It was a ribbon- cutting up at CedarBridge. And Mrs. Sheila Johnson, an educator for over 40 years, dedicated the material and the area that the students can, hopefully, use for a respite when they want to sit off and relax. So, Mr. Speaker, as I move on, I would also like to congratulate Mrs. Yolanda Ming, who is the head of the Reading Programme up at CedarBridge, and her team of volunteers. I am one of the volunteers, also, Mr. Speaker, over the last five years. And it is really a pleasure to be talking and meeting with the young students, young men especially, and hel ping them to mature and learn the importance of liter acy. With that in mind, Mr. Speaker, thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Does any other Member wish to speak? I recognise the Minister. Minister Foggo, you have the floor. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. I just stand to ask to be associated with the remarks regarding the Berkeley prize- giving. And I just want to …
Thank you, Honourable Member. Does any other Member wish to speak? I recognise the Minister. Minister Foggo, you have the floor. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. I just stand to ask to be associated with the remarks regarding the Berkeley prize- giving. And I just want to say congratulations to all of the students, and there are 120- plus students who were celebrated for their efforts, scholastic efforts. And indeed, Mr. Speaker, when you see how we do celebrate our st udents, that type of event has the effect of encouraging and motivating [them] to continue to put their best foot forward. And so, Mr. Speaker, seeing now that we have six -plus students who are enrolled in the dual enrolment programme, who will be graduating with an associate’s degree, and other students more on the technical side, it speaks volumes to the great work that is being done in the Department of Education and the great work that is being done at the school level. And I would like to congratulate Principal Keisha Douglas —this is her first year; she is now the eighth principal —for being selected as the principal and for the leadership that she provides to that institution. And I would like to commend the Minister for the leadership t hat he is providing as the Minister of Education. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? I recognise the Honourable Member, Honourable Member from constituency 1. Honourable Member Ming, you have the floor.
Mrs. Renee MingGood morning, Mr. Speaker and listening audience. I just, first of all, would like to be associated with the comments for the Berkeley Institute, and also those comments for CedarBridge Academy. I also would like to take this time, Mr. Speaker, to thank and congratulate the Bermuda Progressive Labour Party …
Mrs. Renee MingThose of you who know know that 52 years far exceeds even my time here, Mr. Speaker. And so that just shows legacy and foresight and v ision. And so, as we move forward, I just want to make sure that we acknowledge those things that help us remember who …
Those of you who know know that 52 years far exceeds even my time here, Mr. Speaker. And so that just shows legacy and foresight and v ision. And so, as we move forward, I just want to make sure that we acknowledge those things that help us remember who we are, where we are, and why we are here, and also acknowledge those persons who take the time to plan. So I just want to acknowledge the committee that did a lot of hard work on that [event]. Thank you very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Premier. Premier, you have the floor. 646 24 November 2017 Official Hansard Report Bermuda House of Assembly Hon. E . David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I would like to rise and associate …
Thank you, Member. Does any other Member wish to speak? I recognise the Premier. Premier, you have the floor. 646 24 November 2017 Official Hansard Report
Bermuda House of Assembly Hon. E . David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I would like to rise and associate myself with the congratulations which were offered by the Minister for National Security regarding the tech awards. As you would know, Mr. Speaker, I have been a supporter of the tech awards. I have been i nvolved with the tech awards, and a company that I was involved in actually won a tech award a few years ago. So the fact is, that is something that is great —
The SpeakerThe SpeakerYou are a techie! Hon. E. David Burt: Absolutely.
The SpeakerThe SpeakerYes. Hon. E. David Burt: I mean, technology, Mr. Speaker, is, without question, the future.
The SpeakerThe SpeakerThere you go. Hon. E. David Burt: So I would like to send a special congratulations, or associate myself with the remark s. It was a pleasure to attend. Unfortunately, I was not able to stay throughout the duration. But it is good that we, in this Government, will continue, …
There you go.
Hon. E. David Burt: So I would like to send a special congratulations, or associate myself with the remark s. It was a pleasure to attend. Unfortunately, I was not able to stay throughout the duration. But it is good that we, in this Government, will continue, as I said at that time, to support technology and technological deve lopment on this Island. What I wo uld say, Mr. Speaker, as well, I would like to recognise the contributions or the success of another Bermuda company, which is a tec hnology company, and that is the company, Trunomi, that, in Singapore, was the MAS [Monetary Authority of Singapore] FinTech Hackcelerator award winner. And I say that because a very large number of people were up for this award, and the Bermuda company came in first.
The SpeakerThe SpeakerVery good. Hon. E. David Burt: So it is something that, without question, should be celebrated. This Government will continue to support our efforts in this area. Stuart Lacey, who is the head of Trunomi, is actually on the Government’s Legal and Regulatory Cryptocurrency Board. [Inaudible interjection] Hon. E. David …
Very good.
Hon. E. David Burt: So it is something that, without question, should be celebrated. This Government will continue to support our efforts in this area. Stuart Lacey, who is the head of Trunomi, is actually on the Government’s Legal and Regulatory Cryptocurrency Board.
[Inaudible interjection]
Hon. E. David Burt: Yes. So, we have the best people and the brightest, who are working to move this item forward, Mr. Speaker. Finally, I would like to associate myself with the remarks which were also given for Ms. Flora Duffy, and the congratulations that have been sent to her; and also regardi ng the remarks for Berkeley’s prize - giving. And I would like to share in the laments that the Minister of Education had that it seemed as if the daily newspaper did not think that the achievements of our students should be covered and celebrated. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Mr. Premier. We recognise (I have other Members who wish to speak) the Honourable Member from constit uency 24. Honourable Member Scott, you have the floor.
Mr. W. Lawrence ScottThank you, Mr. Speaker. I would j ust like to associate myself with the congratulations from the Member, MP Renee Ming, from constituency 1, with the PLP’s banquet. One thing is that I have yet to go to a banquet that was so heavily subscribed to in the sense of …
Thank you, Mr. Speaker. I would j ust like to associate myself with the congratulations from the Member, MP Renee Ming, from constituency 1, with the PLP’s banquet. One thing is that I have yet to go to a banquet that was so heavily subscribed to in the sense of 800 people were there. And the fact is that the party had to put up more seats, more tables, so they could sell more seats. And out of those 800 people, I mean, everybody was dressed to the nines, Mr. Speaker. I feel as though I could say without having fear of being point -ofordered that I was probably the best dressed there that night.
[Laughter and inaudible interjections ]
The SpeakerThe SpeakerI see you paused ! I see you pause d for a point of order!
Mr. Hubert (Kim) E. SwanPoint of order, Mr. Speaker! The Member is definitely misleading the House. I think there were people at his table and ot hers who were far better dressed than he.
The SpeakerThe SpeakerAll right. Continue on, Member. [Laughter]
Mr. W. Lawrence ScottThank you, Mr. Speaker. But also, on a more serious note, the guest speaker, Mr. Michael Lee- Chin, who came and helped give people insight into giving back to one’s community and what it takes. And I just wish that everybody had been there to be able to see and …
Thank you, Mr. Speaker. But also, on a more serious note, the guest speaker, Mr. Michael Lee- Chin, who came and helped give people insight into giving back to one’s community and what it takes. And I just wish that everybody had been there to be able to see and hear his approach to that. And the fact is that it seems as though Mr. Michael Lee- Chin will be investing heavily in Bermuda in the near future, some way, somehow. But I feel as though it was a good night that was had by all. I do not think that there will be any complaints coming out of that night. And I think that w e will probably have to find a bigger venue to host the 2018 PLP gala.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 11. Honourable Member Famous, you have the floor. Bermuda House of Assembly Mr. Christ opher Famous: Good morning, Mr. Speaker, and good morning, people in the Gallery. I just want to take this …
Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 11. Honourable Member Famous, you have the floor.
Bermuda House of Assembly Mr. Christ opher Famous: Good morning, Mr. Speaker, and good morning, people in the Gallery. I just want to take this time, as a Berkeleyite, to congratulate the new Opposition Leader. Although we do not agree on some political things, we are all Berkeleyites.
Mr. Christopher FamousI do not know what house she is on, but I am suspecting . . . well, I take that back now, Mr. Speaker.
Some Hon. Members Some Hon. MembersGreen, green, green.
The SpeakerThe SpeakerNow, the Green House was and still is the best house. Green House, yes. [Laughter]
Mr. Christopher FamousSecondly, Mr. Speaker, I want to join in the remarks for the gala event. I want to zoom right in on Mr. Michael Lee- Chin. For somebody who is worth more than anybody else in this House, he is a very humble person. And what I learned from being with …
Secondly, Mr. Speaker, I want to join in the remarks for the gala event. I want to zoom right in on Mr. Michael Lee- Chin. For somebody who is worth more than anybody else in this House, he is a very humble person. And what I learned from being with him is, no matter how high you are, remain humble. And I want to just also thank two ladies in the Gallery, Mrs. Shernette Caines and Mrs. Burt. There are some people who are proponents for open imm igration policies, and I joke with them that when the Immigration let them in the country some years back, they did not realise that they were coming to take over. Thank you, Mr. Speaker.
An Hon. Member An Hon. MemberWhoa!
The SpeakerThe SpeakerOkay, Member. Would any other Member wish to speak? On that note, I guess we end the section of Congratulatory and/or Obituary Speeches. MATTERS OF PRIVILEGE
The SpeakerThe SpeakerThere are none. PERSONAL EXPLANATIONS
The SpeakerThe SpeakerThere are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE
The SpeakerThe SpeakerThere are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The SpeakerThe SpeakerI understand we have two Government Bills today to be introduced. I recognise the Deputy Leader. Deputy Lea der, do you want to introduce the Premier’s Bill for him? Hon. Walter H. Roban: Yes.
The SpeakerThe SpeakerYes. FIRST READING PRICE COMMISSION AMENDMENT ACT 2017 Hon. Walter H. Roban: Mr. Speaker, I am introducing the following Bill on behalf of the Minister of Finance for its first reading so that it may be placed on the O rder Paper for the next day of meeting: Price Commi …
The SpeakerThe SpeakerThank you, Deputy Leader. We have a further Bill to be introduced. That is from Ministe r Brown. Minister Brown, would you like to do your matter? Hon. Walton Brown: Yes. Good morning, Mr. Speaker, and good morning, colleagues.
The SpeakerThe SpeakerYes. FIRST READING DOMESTIC PARTNERSHIP ACT 2017 Hon. Walton Brown: 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: Domestic Partnership Act 2017.
The SpeakerThe SpeakerThank you, Minister. No further Bills. OPPOSITION BILLS
The SpeakerThe SpeakerNone. PRIVATE MEMBERS’ BILLS
The SpeakerThe SpeakerNone. NOTICES OF MOTIONS 648 24 November 2017 Official Hansard Report Bermuda House of Assembly The Speaker: None. ORDERS OF THE DAY
The SpeakerThe SpeakerYes. Members, I understand that we have about four matters that we are going to do today on the Order Paper. The first item is that under the name of the Mi nister of Works. Minister Burch, would you like to do your matter now?
Lt. Col. Hon. David A. BurchMr. Speaker, the Bermuda National Parks Act 1986 [the Act] is the enabling legislatio n for the National Parks system, as the Act sets of the general legislative framework, and the Bermuda National Parks Regulations 1988 sets the parameters for the management of the Island’s public parks system. This legislation …
Mr. Speaker, the Bermuda National Parks Act 1986 [the Act] is the enabling legislatio n for the National Parks system, as the Act sets of the general legislative framework, and the Bermuda National Parks Regulations 1988 sets the parameters for the management of the Island’s public parks system. This legislation is over 30 years old and does not best reflect the issues of today. In 2009, the Ber-muda National Parks Amendment Act 2009 was a pproved, but not brought into force. However, the e nactment of this Bill, the Bermuda National Parks Amendment Bill 2017, will effectively bring both the amendments in the Bermuda National Park Amendment Act 2009 and the proposed amendments in this Bill into force. The combination will provide a muchimproved structure to manage the parks system, with better enforcement powers to protect our most sens itive areas, and it will provide services to benefit the Island. The salient points for the Bermuda National Parks Amendment Act 2017 are [as follows]: Amendments to section 25 —prescribing fees. The Department of Parks currently offers a variety of goods and s ervices that have been provided to the public for a nominal fee, since the inception of the Bermuda National Parks Act 1986. These include the provision of venues for social events and weddings, the rental of buildings, and admission into attractions. After a review of the Act, with the exception of the $14 per day camping fee prescribed in the Government Fees Regulations, Head 7, entitled Bermuda National Parks Act 1986, it was discovered that the collection of all other fees over the years had not been author-ised, as, under the parent Act, there is no provision for the numerous fees for services and related goods. This discrepancy was detected in November 2016. And as a result, all fees were suspended until they could be formalised. Mr. Speaker, after rev iewing the department’s activities, it was found that many of the services were not heavily subscribed to and new products and rel evant services were identified that would also require the introduction of new fees. Also, the existing fee structure can be perceived as convoluted and would benefit from re- alignment, as, currently, different sites within the parks system proposed for similar functions are being rented at different rates. An example of this is the difference in renting an area at Fort Scaur as opposed to renting an area at the Botanical Gardens. As such, one fee structure that is reflective of the site and size of the event will simplify the process. During the review, it was also determined that the current schedule of rates was low, and it could be argued that the fees were not representative of the true value of the services provided. Mr. Speaker, I want to emphasise that the goal of the Government is not to gain a profit, but to provide and ensure highquality services, in keeping with the t enets of the legislation.
The SpeakerThe SpeakerPut your point. POINT OF CLARIFICATION
Mr. N. H. Cole SimonsMinister, are you reading the brief for the second piece of legislation or the first?
Lt. Col. Hon. David A. BurchI am reading the brief for the first. But it will become clearer as I proceed, Mr. Speaker, because I will be proposing an amendment to the first. Because if you look at the legislation, you will find that the drafters have put both of these amendments into both Bills. …
Lt. Col. Hon. David A. BurchMr. Speaker, I want to emphasise, the goal of the Government is not to gain a profit, but provide and ensure high- quality services , in keeping with the tenets of the legislation. To rem edy this, it is proposed to amend the Act to provide powers to charge fees …
Mr. Speaker, I want to emphasise, the goal of the Government is not to gain a profit, but provide and ensure high- quality services , in keeping with the tenets of the legislation. To rem edy this, it is proposed to amend the Act to provide powers to charge fees for services and related goods provided by the Department of Parks. This will ensure
Bermuda House of Assembly that appropriate powers are provided within the Act, and new Regulations will be enacted to appropriately charge for current and future services and related goods. As the public has been consistently charged for most of the services offered by the Department of Parks over the years, they already have an expect ation of, and are accustomed to, paying a fee for the various services and usage within the parks system. Mr. Speaker, the objectives of these amendments are to update and streamline the existing fees, introduce new fees, and ensure that fees for all goods and services provided by the Department of Parks can be legally collected. These changes will place the department in good standing in accordance with legisl ation and allow for the collection of revenue for the Government of Bermuda. Mr. S peaker, the National Parks system contains protected areas of different types, which are classified based on the primary management goal of the property. Areas representing the most important sites for the conservation of nature, including key ha bitats and populations of rare plants and animals, are designated as nature reserves. Open spaces and beaches managed for the recreation and enjoyment of the public are designated as amenity parks under the Act. Parklands set aside as sports fields or campgrounds, or for other public uses, are designated as recreational parks. Subsequent to the amendments to the Act in 2009, a comprehensive geographic information sy stems mapping review of protected areas, conducted by the former Department of Conservation Services, identified a number of changes to be made to the list of protected areas. These changes form the basis of the amendments to Schedule 1 of the Act. And it was recommended that several parks be reclassified as a nature reserve, to reflect their importance as wildlife refuges. Government -owned areas currently managed to a public use, but not protected under the Act, needed to be added to the Schedule. This includes new parks and nature reserves on land acquired or repurposed since 1986. In addition to physica l changes to the list of protected areas, higher -resolution aerial photographs taken in 2012 provided more accurate coastline and updated representation of the roads and buildings. As a result, the National Parks data set has been adjus ted to follow the ne w coastline and roads, which in most cases resulted in minor changes to area calcul ations. The mapping review identified specific areas where the boundaries needed to be accurately delin eated. Also, some areas were identified that should be removed from the Schedule, as private ownership has been established, or managing them as part of the National Parks system has become impractical. Mr. Speaker, with these amendments, the total number of proposed areas protected under the National Parks system will be i ncreased from 98 pr otected areas to 112 protected areas. The amended total area of parks system is 1,129 acres, or 457 hectares. This is an increase to the system of 90 acres, or 36 hectares. In summary, the physical changes to the National Parks system Fi rst Schedule are as follows: • the creation of 16 new protected areas, i ncluding Cooper’s Island Nature Reserve; Cooper’s Island Park; Clearwater Park; Stocks Harbour Nature Reserve; One Rock Nature Reserve; Dunscombe Wood Nature Reserve; Ducking Stool Park; Government House Water Front Park; Southlands Park; Aquarium Park; Parson’s Road Park; Pig’s Field Park; Harrington Sound Park; Mangrove Lane Nature Reserve; Paynter’s Hill Nature Reserve; and the 16 th one, White Crest Hill Nature Reserve. • the addition of three existing protected areas omitted through clerical area in the Bermuda National Parks Amendment Act 2009—they being, Fort St. Catherine Park, Ducks Puddle Annex Park , and Walsingham Marine R eserve; • the reclassification of seven existing amenity parks or portions of parks as nature reserves in order to better recognise their importance as wildlife refuges. These new nature r eserves include Barnes Corner, Gilbert Nature Reserve, Nelly Island, Smith’s Island, Spanish Point Islands, Warwick Ridge, and Wil kinson Memorial. • the removal of two small nature reserves, G odet Island and Godet Rocks Nature Reserves, as private ownership was established in June 2009, by deed, and confirmed by the Estates Section of the Ministry of Public Works. While not within the National Parks system, these areas are still zoned under the Bermuda D evelopment Plan 2008 as nature reserves, and there has been no net loss to Bermuda’s sensitive habitats. Mr. Speaker, the management of our protec ted beaches and coastlines cannot stop at the highwater mark; therefore, marine buffer areas will be reestablished. There is a need to control and manage human activity to ensure that persons do not knowin gly cause damage to sensitive areas, or to species, [as some activities] may impact the terrestrial protected area. Further, it is also important that persons do not hurt either themselves or others through their actions. For example, [safety issues can be associated with] boats landing on crowded beaches, and [it is i mportant to] ensure that persons do not enter the water in dangerous wave conditions or in the presence of Portuguese Man of War invasions. Each protected area that has a coastline or beach will have a buffer area extending, on average, 10 meters seaward from the high- water mark. In total, there will be 66 areas. These buffer areas are similar to the areas in the original Bermuda National Parks 650 24 November 2017 Official Hansard Report
Bermuda House of Assembly Act 1986 maps, and will provide the same level of pr otection required under the Act, without impinging on other legislation such as the Fi sheries Act 1972. These areas are not included in the area of totals for the parks system, and are territorially part of the adj acent terrestrial park. These buffer areas will replace 13 marine parks approved under the National Parks Amendment Act 2009, which were designed to have the same function as the marine buffer areas. The Third Schedule of the Bermuda National Parks Act 1986 outlines the constitution of the Nation-al Parks Commission.
Lt. Col. Hon. David A. BurchThe commission is responsible for advising the Minister on the best means to sustainably manage the National Parks sy stem. The commission is well represented by the I sland’s environmental bodies, such as the Bermuda National Trust, Bermuda Audubon Society, the N ational Museum of Bermuda, and the Bermuda Zoolo …
The commission is responsible for advising the Minister on the best means to sustainably manage the National Parks sy stem. The commission is well represented by the I sland’s environmental bodies, such as the Bermuda National Trust, Bermuda Audubon Society, the N ational Museum of Bermuda, and the Bermuda Zoolo gical Society. However, the current composition makes the commission vulnerable to a narrow perspective, and there is significant benefit in broadening the range of expertise represented in the commission to better reflect the needs of all user groups who use the I sland’s parks and nature reserves. Therefore, it is proposed to amend the composition of the commission to (1) add a representative from the Bermuda Tourism Authority; and (2) broaden the membership of those who may be considered by the Minister to have a sufficient interest or expertise in environmental protection; conservation of natural or historical resources; or economic, commercial or e ntrepreneurial matters. These changes will provide the ability to form a commission that best meets the str ategic vision and direction for the calendar year. As a result, the composition of the commission will increase from 12 to 13 members, with the requirement to have eight members for a quorum. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? I recognise the Honourable Member, Mr. S imons, from constituency 8. Honourable Member S imons, you have the floor.
Mr. N. H. Cole SimonsThank you, Mr. Speaker. Balance, balance, balance, balance. That is what we have to do within the Ministry of Parks. I am delighted that this legislation is coming to the House today, as I took it through Cabinet when we were Government. So, I will start by saying that I …
Thank you, Mr. Speaker. Balance, balance, balance, balance. That is what we have to do within the Ministry of Parks. I am delighted that this legislation is coming to the House today, as I took it through Cabinet when we were Government. So, I will start by saying that I support this legislation, an d our party supports this legislation. We all know the environment is a sensitive feature of Bermuda. It gives Bermuda its charm, its beauty. But at some point, we also have to address sustainable development. Mr. Speaker, I am not going to get into the parks issue, as the Minister already espoused the reasoning for the reclassification. What he said I agree with 100 per cent, because, as I said, I was r esponsible for crafting that. What I would like to spend some more time on is the changes made to the Parks Commission. Mr. Speaker, as was said earlier, Bermuda has evolved from 30– 40 years ago. And the Parks Commission has been around, and they have done a sterling job. But, Mr. Speaker, I think we and that commission need to come forward with Bermuda and be part of Bermuda’s success when it comes to Bermuda’s sustainable development, both from a tourism point of view and a business point of view. Why do I say that, Mr. Speaker? I say it b ecause at the end of the day we have to get the best use of our resources. We are in the tourism business, and we have to make sure that our guests feel comfortable and have the amenities that are required to have Bermuda take its rightful place as one of the most beautiful and relaxing destinations in the world. Mr. Speaker, I know that Horseshoe Bay has been highlighted in many, many journals and tourism periodicals. And we want to also enhance its use and its amenities. We know that the Bermuda Tourism Authority has a beach vision. And when I was Mini ster, they came to me and said, you know, can we help in their endeavour? They have identified five beaches that will be used —John Smith Bay, Horseshoe Bay, Shelly Bay, Tobacco Bay and Clearwater —as beach experiences based on various themes. They have chosen these five beaches because they have infr astructures on them already, and there will be no additional development on those beaches. In addition, our tourists, through exit polls, have said they would like to have more amenities on our beaches. So, with these demands, and wi th our trying to make the experiences at our parks and on our beaches a positive one for our guests, I thought that we would also expand the composition of the Parks Commission so that we have more input and more thorough vetting of applications for people who want to use our parks, or set up businesses or set up pop-up vendors in our parks. And I am saying that because I think of myself as a tourist. I have done some traveling. I have been to beaches overseas in Europe. And when my children were young, we went on holidays and went to the beaches. And we acted as tourists. So, we would go to a beach that had a chaise lounge, that had umbrellas, that had a place where we could have lunch and, in some cases, di nner right near the beach. And the children can go around, enjoy themselves, read books, and get beach equipment. And not many of our beaches today have those facilities. So, when the Tourism Authority came to me and asked that we consider having that as part of the programme going forward, and when they asked for representation on the Parks Commission, I
Bermuda House of Assembly thought that this is something that I would entertain. So, in light of that, I decided to expand the compos ition of the Parks Commission. I chose that because I would prefer to have the stakeholders, the users of our parks, the environmentalists and everyone sit around the table together, work out the issues and come up with a more in- depth decision that would be palatable for everyone, and yet at the same time pr eserve Bermuda’s environmental characterist ics and features. And so, I expanded the composition of the Parks Commission. Right now, and as before, the Parks Commi ssion had representatives from the National Trust, from the Audubon Society, from the Maritime Museum, from the representatives and stakeholders. And I pr oposed, when I presented to Cabinet that we add people with an economic interest and entrepreneurial i nterest, a member from the Tourism Authority, and a dditional users. The users could be neighbours in the area who go to the beach frequently. So that when applications come through, as I said, the decisions will be balanced, and that if there are any strong differences, then those differences will be resolved at the table instead of being fought in the public domain. The business leaders can sit around the table with the environmentalists, and they can hash it out and come up with a solution that is best for Bermuda. And hence, I expanded the composition of the Parks Commission. I know that there was some di sgruntlement in that endeavour. But so be it. Bermuda deserves better, and I believe that when we make these types of decisions and we put people on a commission such as this, it should represent a broad section of our community. So, the legislation proposes various members. And they are—a nd I will read, if you do not mind, Mr. Speaker.
Mr. N. H. Cole SimonsThere will be one member from the Audubon Society, one member for the N ational Maritime Museum, one member from the Bermuda Zoological Society, one member from the Bermuda Tourism Authority. You will note that the people are not named.
The SpeakerThe SpeakerA member from those organisations, yes.
Mr. N. H. Cole SimonsOkay? We also have two members who are users of the system. These can be walkers, these can be environmentalists, these can be people who live in the neighbourhood, these can be people who use it for wellness, and these could be vendors. In addition, we are going to appoint …
Okay? We also have two members who are users of the system. These can be walkers, these can be environmentalists, these can be people who live in the neighbourhood, these can be people who use it for wellness, and these could be vendors. In addition, we are going to appoint someone with an environmental protection interest and conservation interest. And I am thinking of somebody like Dr. David Wingate. He is not a member, but he is som eone who has environmental experience and looks out for Bermuda’s best interests. In addition, there are historical resources, and economic and commercial [resources]. So the composition, in my estimation, truly reflects what should be here in Bermuda when it comes to the use and review of applications for our parks and natural beaches. So, that is my position there. As the Minister said, the classifications I subscribe to, I support 100 per cent, so I have no problem there. So, I will go to just two more issues that address the parks. The first issue: Can the Minister give us an update in regard to the maintenance yard? I know that issue went to court. A decision was rendered. I know the Ministry responded with the public meeting. But can the Minister give us an update as to where things stand in regard to the maintena nce yard at the Botan ical Garden? So it is for clarity of community and the people involved. The other issue that I thought I would address I will address in the second piece of legislation. I will leave that for now. So, Mr. Speaker, that is all I have on this matter, as most of the material that I was going to present has already been covered. And I can assure you that we on this side generally support this legislation . . . Oh, one other thing, yes. One other thing. Someone petitioned me to consider ha ving the Chief Surveyor of the Department of Public Works and Lands considered as an ex officio member on the commission. Now, I think that could be entertained because, in essence, the Works and Engineering D epartment, as you know, Minister, is the landlord for all of Bermuda properties. So, instead of just having ex officio members from the Ministry of Parks, I am suggesting that we consider having the Chief Surveyor from the Department of Public Works and Land also included as an ex officio member, so that they can bring invaluable input and services to the decisionmaking of the commission. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak to this matter? No other? I recognise the Honourable Member from consti tuency 2. The Honourable Member Swan, you have the floor.
Mr. Hubert (Kim) E. SwanYes, Mr. Speaker. Mr. Speaker, let me first start off by thanking the Minister for bringing this forward. And since J uly 18 th, I have certainly seen [the Department of] P arks coming collectively with this particular Ministry and 652 24 November 2017 Official Hansard Report Bermuda House of …
Yes, Mr. Speaker. Mr. Speaker, let me first start off by thanking the Minister for bringing this forward. And since J uly 18 th, I have certainly seen [the Department of] P arks coming collectively with this particular Ministry and 652 24 November 2017 Official Hansard Report
Bermuda House of Assembly Minister. I am very pleased to have this here today and with the amount of attention that is being given. Let me start off by also thanking those who work in Parks. There have certainly been some challenging times. I am sure, Mr. Speaker, as I speak in principle, many, many who have spoken to me over the last few years have been concerned as to their future. Many have thought that privatisation may have overtaken them. So, as we look today at the need to make these amendments and certainly look at fee scheduling and also including those parks that may be omitted, I certainly feel duty -bound in representing a constituency and coming from a community that has many historical parks, nature areas that are of great significance —as I am sure all Members of this Honourable House have areas in their communities that are of great significance. Let me also take the opportunity to remind persons of the great growth in vegetation that has taken place in our com munity, which has certainly made the job challenging, notwithstanding the financial challenges that this area, those parks, may have faced, to be able to keep up. As we speak to natural nature areas, usually the attention will go to the highinterest areas like a Horseshoe Bay. But let us [not forget] the importance of areas, very remote areas, in Bermuda, such as Mullet Bay Park and such as the parks out in Ferry Reach, Mr. Speaker. Those partic ular areas really capture Bermuda at its best. And what I mean as “its best ” is that you can go in those areas and not see the influence of commercialism, apart from a few areas that caused great consternation, maybe some years ago, with development closer to where the Esso Marine [Station] is located and the like. B ut, certainly, a person can go and walk in an area—as you go into the Ferry Reach area, in partic ular—and see Bermuda as it would have been, with vegetation, save and except for the Railroad Trail, that has not been operative in that fashion, but provides a good walking area, and traverse through areas that are very similar to the way they were hundreds of years ago. And let us not forget how important that is to visitors, as well. That is equally as important as when we have to make legislation to protect against ove rcrowding and the use of commercial water vehicles in areas of protected areas. How important open space is to a country with only 13,000 acres and overcrow ding in some areas! Let us not forget how important it is to have open spaces and greenery and vegetation, where persons can take a walk and gather their thoughts. And that is where some places around Ber-muda that may not have been included in this legisl ation, initially, where they need to be included today. Mr. Speaker, as we look at making provisions, as the Shadow Minister wanted to make sure that others were included in the decision- making, when it comes to the environment, I will declare my interest. I am of that mind- set that wants to err on the side of protecting the environment. And I know I might run contrary to other persons who might be more in favour of building. But there has to be some persons, in particular, prepared to stand up for those open spaces and be prepared to protect that. So, from that point of view, Mr. Speaker, I j ust want it known for the record that I count myself amongst those who look out for things such as the foreshore. And as the Honourable Minister can get some fees in, commensurate with what is required of his staff in that Ministry, let us not forget how i mportant it is to protect the foreshores of areas like Mullet Bay, where once people used to swim and the like, and look at ways in which we could beautify it, make it also viable for persons who have their boats along there, and also make it beautiful in a way where there might be a beach or two located in a location that once did house a beach. And just talking there, I am reminded of canvassing, and Mr. Bernie Hotsall comes to mind, for anyone who would have been in St. George’s many years ago, even bef ore I came to St. George’s, but has been around long enough to have people call his name more than once or twice, where he actually taught swimming in Mullet Bay. Let us not forget, Mr. Speaker, that the Mullet Bay area, where we house one of our most important playgrounds for our children to go and play, once had to be reclaimed. And many persons who had their homes along there, family, grandparents can recall the times when that was actually an inlet. And so, preserving and making sure these areas are kept looking in pristine condition is of great importance to Bermuda, to our aesthetic beauty. Notwithstanding that, we have areas like Stokes Point, which is . . . you don’t often see persons taking a stroll through there. But let me say how beautiful an ar ea that is. And as we, as Bermudians, encourage our people to take to their feet and walk more often . . . I often hear the Health Minister on occasions talking about taking a stroll. And she has said it often enough that I am prepared to take up her advic e. But let me say this, that there are many areas and many communities, as in mine, where that oppor-tunity presents itself. And that is not when we are looking at the Tourism Authority as it relates to parks. Do not just encourage the Tourism Authority to look at our parks just for commercial viability. Let them ap-preciate and also, in the cultural tourism, participate in ensuring that those areas are kept in a way in which they can also promote persons to come and just read, just write, just paint and par tner with those other organisations, as I am sure goes on with Masterworks and the like. Because that is a very important part of what Bermuda is, as well. And as we look in the East End, as I think of areas such as the Cooper’s Point area, where NASA was, the part of the Honourable Member from constituency 3, St. David’s, Minister Lovitta Foggo’s constituency, and in constituency 1, represented by MP Ming —let us not forget that Fort
Bermuda House of Assembly St. Catherine Beach is where Bermuda was discovered. And as we look —as we look at that commercial development, let us also be reminded that this particular area is of significant historical value to the country, as are many other areas throughout Berm uda, Mr. Speaker. So, I applaud the Minister for seeing the need for fees that need to be put in place. And with the amendments that go forward, I will be here during Committee, as well, as we go forward, Mr. Speaker. Thank you ever so much for the time.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 22, the Honourable Member Gibbons. You have the floor, Honourable Member.
Hon. Dr. E. Grant GibbonsMr. Speaker, I also would like to say, in a preliminary way, that I would like to thank former One Bermuda Alliance Ministers Cole Simons and Sylvan Richards for moving this legislation along, and certainly the current Minister for bringing it to the House, as well. Mr. Speaker, I was …
Mr. Speaker, I also would like to say, in a preliminary way, that I would like to thank former One Bermuda Alliance Ministers Cole Simons and Sylvan Richards for moving this legislation along, and certainly the current Minister for bringing it to the House, as well. Mr. Speaker, I was quite interested to see some of the new areas that the Minister talked about being added to the list of protected areas. I had the opportunity a couple of weeks ago to visit the Cooper’s Island area, which I had not actually visited since the land was handed back —that actually took a little while longer, but when the land was handed back in 1995 by the US Navy. And I have to say (I do not know if you have been out there or not) —
Hon. Dr. E. Grant GibbonsBut actually, it is exqui site. As the previous Member who just took his seat said, it is almost an area of old Bermuda that I would encourage others to go have a look at. The beaches out there, the protected bays, you can almost imagine Bermuda hundreds of years …
But actually, it is exqui site. As the previous Member who just took his seat said, it is almost an area of old Bermuda that I would encourage others to go have a look at. The beaches out there, the protected bays, you can almost imagine Bermuda hundreds of years ago. It was also, I would say . . . I was there on a Sunday, not a lot of people out there, a sprinkling of visitors and a few others, families who were making, I think, an afternoon of it, as well. But it just seemed to me that this is certainly an are a that —mind you, as long as it stays a protec ted area that the BTA needs to speak about because, as they used to say, it is quiet, unspoiled, uncommon . (That was, I think, one of the ads for Bermuda a long time ago.) So, it is something that needs to be looked at. In the same breath, I listened to the Minister talk about the fees, which I guess we will be talking about in more depth in the next piece of legislation coming up. But he mentioned ensuring a high quality of services and not to make a profit. It was pretty clear to me that the area around Cooper’s Island needed some work. There is quite a bit of overgrowth. I know some companies have adopted—I think HSBC has been very active out there. But it still needs some work. And, in order to be shown at it s best, it is an area . . . and perhaps it is because of the rain that we have had in the last year or so. But it is an area that requires some attention, given the absolutely gorgeous nature of the site. Perhaps this is a question for the Minister when h e responds, but I would like to get a little bit of a clearer sense for the marine buffer areas. I think we have had some experience with this in the past. He mentioned they were 10 metres from the high- water mark, but just an understanding that perhaps mi ght be useful for the public, as well, who have boats, exactly what that means in terms of access by boat into those areas. I think particularly of the Cooper’s Island and Clearwater Beach area. I know there was a larger pr otected area, I think off of Gras bury’s Island, and in from there. But if he could just comment a little bit more on what that means for a boater getting access to those areas. The other area that I wanted to comment on briefly is the Railway Trail. And, Mr. Speaker, as you will be aware, over the last couple of years there have been a number of efforts to try and continue to link up various portions of the Railway Trail by bridges, I think particularly down in Bailey’s Bay and over at Store Hill and a couple of areas. And I think there w as some effort still underway to have that happen. That is another area which is an enormous opportunity for us, from a tourism point of view. And I have seen some of the extensive use of that by not only people who live in the area, but by others getting exercise as well. And I hope that the Minister will continue to facilitate that work. I think, particularly, of the Friends of the Berm uda Railway Trail, who have been raising money and have been active in trying to make the Railway Trail more of a joined- up effort and also one that is more accessible. So, I would certainly put in a good word for those and the companies that have supported it, and I hope that the Minister will help to continue that particular work. The other thing I wanted to comment on was that I think it is useful to broaden the commission. I think there needs to be a number of perspectives, so I certainly support that. But, as my honourable colleague, Mr. Simons, said, there needs to be balance there, as well. And I think having different uses for different protected areas or recreational areas is pretty key. And I think we have to find a balance between use . . . commercial efforts by entrepreneurs, who clearly are providing services, as they are at Hors e654 24 November 2017 Official Hansard Report
Bermuda House of Assembly shoe Beach, that visitors have looked forward to, both here and perhaps when they visit other places. So, hopefully, that balance will continue. And perhaps it will not be quite so, I guess, contrary if there are pe ople on there who can perhaps put a commercial perspective, but at the sam e time will be balanced by those who are trying to make sure that the areas are preserved and that there is a good use, which does not, essentially, spoil areas as we go forward, because that, clearly, is one of the natural resources that Bermuda offers. So, Mr. Speaker, with those few comments, I take my seat and look forward to hearing the Mini ster’s responses.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Opposition Leader. You have the floor, Madam. Hon. Jeann e J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, as we have all said, we believe that this is something that we support. And as my co lleague, …
Thank you, Member. Does any other Member wish to speak? I recognise the Opposition Leader. You have the floor, Madam. Hon. Jeann e J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, as we have all said, we believe that this is something that we support. And as my co lleague, Cole Simons, said, this is a programme star ted and now a programme completed. So I must say that, when you start to look at this legislation and you start to look at all of what it encompasses, you are pretty amazed at all the things that actually come under parks. And, you know, I am the MP for Pembroke West. And I went through, looking at all of the areas that t echnically are sort of in my remit. And you do not recognise . . . you have Spanish Point Islands and Admiralty House Park, and you have places like the Spanish Point without the islands, and Tulo Valley. And just down the street, which is Ladies Chambers Park, you start to realise that it is very important that we pay attention to these parks and what happens there. Because I am mindful that, especially out at Pembroke West, that is like going to the country. When you go out to Admiralty House and when yo u go out to Spanish Point Park, on that side of the I sland you do not have the ability to dash down to Horseshoe Bay or, on the Eastern End, to go down to John Smith’s. The places that you go to are slightly different. And Spanish Point Park is really important because people go there and have dinner, and then, after dinner, they take their kids in the summertime and actually go swimming. And this is a way of relaxing them, giving them some enjoyment, some exercise. So it is very important for us to recogni se that, for those people who cannot get off the Island, being able to go to a park, being able to have the amenities in the park, are very important. And that is why, when our colleague, our House Member from St. George’s, was talking about making sure t hat the parks, et cetera, are up to a standard —because I know there have been challenges, but especially when it comes to summertime, ma k-ing sure that you can go out there and the grass is cut, and making sure you have the ability to be able to enjoy the amenities is important. And sometimes, we forget that it is not just the people on the Island who come, but many more tourists are coming out to these places. Especially when you had America’s Cup, Spanish Point was a place to be able to come and look. So i t had even more, if you will, people going through it that put even more stress on the facilities that are there. And I think, sometimes, as we go forward, it is important for us to recognise that there has to be a certain standard all through the year in terms of whether you have toilets and whatever else. But during what I call the season, being able to make sure that there is even more attention to making sure that they are refreshed even more frequently. So, the mere fact that the fees are going to be there, I hope that the fees will somehow translate into being, if you will, put aside to improve what I call the standard of the amenities that they have there. Because it is very important, especially as it relates to things like bathrooms, from a health perspective, to know that people adhere to, you know, the sanitation. And I would like to also think that, as we go forward, I was pleased to see the addition of some of the members on the board who represented tourism, but also that represented users of the system. I mean, I understand why you have people from the National Trust and the Audubon and all of that, but I do think that, somehow, as we go forward, being able to weigh off the protection to the system with what I call the commercial element is going to be very important. Because I remember down at Admiralty House Park, you know, being contacted by one of my constituents to say, How come all of a sudden there’s a jet -ski business which is operating out of the park? And all of a sudden, for the peop le in the area, it was like, Hey, what? This is our neighbourhood park, and all of a sudden it suddenly became a commercial enterprise. Now, I know, going forward, we are going to have to weigh up commercial enterprises with what I call keep ing neighbourho od parks. And it is going to be very important that you have people on this expanded committee who will be able to determine where things should be allowed in terms of a commercial element and where things should be kept to what I call the neighbourhood. So I am pleased to see that we are going to be doing this, because it, to me, means that we understand the importance of our open spaces. We un-derstand the importance of our parks, and as one of my colleagues said when we were talking about this particula r Bill, the fact that, for the average man, going to the park is like going off the Island. Some people just do not get to go off the Island. They actually get to go to the park. And they camp out. And having a camp -out is like having a vacation. And so, w e want to make sure that we keep a number of these things
Bermuda House of Assembly available to our residents. Because we cannot change or expand the size of the Island. So what we have to do is make sure that the pockets that are in there are the equivalent of getting away from i t all and being able to refresh and replenish, and be able to feel that Bermuda is still a place for us to enjoy, and that Bermuda is another world for all of us, not only just for people who come from off the Island. So, Mr. Speaker, as my colleagues hav e said, we, obviously, support this. And as we go forward, we are going to look to see some of the other amend-ments that look at addressing issues, whether it be in terms of improving the standards, the park standards and also the regulations. Because I think there is one thing that this brings to mind—the fact that, as we start to have people using the parks more frequently, we also have to recognise, and I can say this because it has happened out in my constituency, we also have the fact that people who are stressed from the point of view of [not] having places to live, sometimes the park is their refuge. And so, we have to try and see what we can do to address their housing needs and not have the park, et cetera, being the only shelter that they have. So I am looking forward, Mr. Speaker, to our getting into this Bill. And I am sure my other col-leagues may have some more observations that they would like to make. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Madam Opposition Leader. I now recognise t he Honourable Member from constituency 28. Honourable Member, Mr. Lister, you have the floor.
Mr. Dennis Lister IIIGood afternoon, Mr. Speaker. I just want to follow the speakers before me in offering my support to this amendment to the National Parks Act. I also want to start off congratulating the workers of the Parks Department. I, as a former su mmer student, have done three summers at …
Good afternoon, Mr. Speaker. I just want to follow the speakers before me in offering my support to this amendment to the National Parks Act. I also want to start off congratulating the workers of the Parks Department. I, as a former su mmer student, have done three summers at the Parks Department, pushing the lawnmower, cutting the grass, raking the grass. So I know what the workers go through, Mr. Speaker, especially in the summer-time in the heat that they have to bear. So, I want to commend them for the work that they do in maintai ning and preserving our parks, our nature preserves, and the open spaces. Mr. Speaker, the importance of prot ecting and preserving our national parks and nature preserves is of utmost priority in Bermuda, one that cannot be [overstated]. We are a land mass of only 53.3 square kilometres, Mr. Speaker. And because of our size, our small size and our heavy population density, we have limited amounts of open spaces and greenspaces in Bermuda. We must protect them at all costs. Mr. Speaker, I consider myself a child of nature. I love the woods and trees. I grew up climbing trees, playing in the open spaces, Mr. Speaker . Every Cup Match — you should know, because we were camping down in Chaplin Bay. I grew up, every Cup Match, camping, up until I was about 14 years old. So I know and appreciate open spaces and our nature parks.
[Inaudible interjections]
Mr. Dennis Liste r IIIThank you, my honourable colleague. And even yesterday, Mr. Speaker, the Honourable Mr. Weeks, you and I all enjoyed a wedding down at Chaplin Bay yesterday in the beauty of our green and open spaces that we are fighting to pr eserve. So, Mr. Speaker, this is dear to my …
Thank you, my honourable colleague. And even yesterday, Mr. Speaker, the Honourable Mr. Weeks, you and I all enjoyed a wedding down at Chaplin Bay yesterday in the beauty of our green and open spaces that we are fighting to pr eserve. So, Mr. Speaker, this is dear to my heart because, as I said, I am a child of nature. To this day, I love taking walks, whether it is a recreational run or just a walk through the Railway Trail. And when I get overlooking (I do not remember what it is called), I want to say Harmon Bay, that is one of the best views you have in Bermuda, looking from the back side of Fort Scaur, eastward. [Inaudible interjection]
Mr. Dennis Lister IIIAnd Woodsies , too. And you can see, as mentioned by the speaker before me, the Oppos ition Leader, Spanish Point. You can see Admiralty House. You can see all the islands in the Great Sound; you can see Dockyard. So, to me, that is a spot that I cherish …
And Woodsies , too. And you can see, as mentioned by the speaker before me, the Oppos ition Leader, Spanish Point. You can see Admiralty House. You can see all the islands in the Great Sound; you can see Dockyard. So, to me, that is a spot that I cherish because of the pristine view of it and also the serenity of it. It is quiet, Mr. Speaker. Many, many Bermudians, many locals enjoy their walks, their bike rides, their runs through our nature parks. Our Railway Trail, especially in Somerset, from Somerset Bridge, even if I have to stand onto Barnes Corner to Dockyard, Mr. Speaker, they are heavily utilised. Mornings you see walkers and runners, bikers out as early as 5:30. I am not up that early, but I heard there are people up that early, Mr. Speaker.
[Laughter]
Mr. Dennis Lister IIIThere are even people out at late hours of the night. So, Mr. Speaker, these people, they also appreciate it. And again, I just want to offer my support to the amendments that we are making to protect and preserve the limited greenspaces we have, to make sure that . …
There are even people out at late hours of the night. So, Mr. Speaker, these people, they also appreciate it. And again, I just want to offer my support to the amendments that we are making to protect and preserve the limited greenspaces we have, to make sure that . . . and, Mr. Speaker, it is well known th at human beings, our bodies, live off of green trees and greenspaces. The air and oxygen that they produce we take in, and it helps us. So, we cannot destroy what gives us life, Mr. Speaker. So, again, giving my support to this amendment, and I hope that, even going forward, we can look for other ways to help pr eserve and protect. And I encourage all Bermudians, when you are out in these open spaces, if you see trash, if you see things that are out of place, do your part. Because if we all do our part to he lp preserve 656 24 November 2017 Official Hansard Report B ermuda House of Assembly and make Bermuda look better, it is easier for those who have to get paid to do it. But we all have a sense of ownership, Mr. Speaker, that I did that. I helped make this place look better. So, Mr. Speaker, in conclusion, again, I support this amendment with my full heart. And to speak to the Minister, I can congratulate you in doing this good work. [ Desk thumping]
The SpeakerThe SpeakerThank you, Member. Member, before I recognise you, we have only got a minute or so left before lunch. Would you li ke to start now and come back, or would you like for us to acknowledge lunch at the moment? Hon. Trevor G. Moniz: I am going to be …
The SpeakerThe SpeakerBe quick, Member, then be quick. Be quick. We recognise the Honourable Member from constituency [9]. Hon. Trevor G. Moniz: Mr. Speaker, I can speak again on this in Committee, but I notice, under clause 5, they are changing the composition and makeup of the Parks Commission. And there, they …
Be quick, Member, then be quick. Be quick. We recognise the Honourable Member from constituency [9]. Hon. Trevor G. Moniz: Mr. Speaker, I can speak again on this in Committee, but I notice, under clause 5, they are changing the composition and makeup of the Parks Commission. And there, they are including two members of the users of the system. When I look at this, I view the users of the system as being me mbers of the public, as people who go there, walk on the trails, and people who camp, et cetera. But there has been a suggestion somewhere that the users of the system would be the commercial users of the sy stem—concessionaires within the parks who are making money out of it. I would just like to caution that it would be very dangerous to put commercial users of the system on the Parks Commission, because in any area where they would have any expertise, they would have to recuse themselves as having a conflict of interest. So, I just want to draw that line right now before we go into Committee, to give a warning on that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member from constituency 9, for keeping it brief. Mr. Premier, would we like to acknowledge what time of day it is? Hon. E. David Burt: Thanks, Mr. Speaker. Mr. Speaker, as the clock is striking 12:30, I move that the House do adjourn for lunch, to come …
The SpeakerThe SpeakerThank you, Mr. Premier. The House now stands adjourned until 2:00 pm. [ Gavel] Proceedings suspended at 12:30 pm Proceedings resumed at 2:02 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair] BILL SECOND READING BERMUDA NATIONAL PARKS AMENDMENT ACT 2017 [ Continuation of debate thereon]
The SpeakerThe SpeakerGood afternoon, Members. I trust you all had a nice lunch. We are now resuming on the first Order that was down for business today, that being the Amend-ment to the National Parks Act [with] Minister Burch. We were in the debate and I think the Honourable Member Moniz was …
Good afternoon, Members. I trust you all had a nice lunch. We are now resuming on the first Order that was down for business today, that being the Amend-ment to the National Parks Act [with] Minister Burch. We were in the debate and I think the Honourable Member Moniz was the last Member who spoke on the matter. Are there any other Members who wish to speak? I recognise the Deputy Speaker. Honourable Member Mr. Burgess, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . Mr. Speaker, I want to just follow up from where the Honourable Member Dennis Lister . . . in thanking the staff and management and the summer students at Parks for the great job they do in keeping our beaches and parks in immaculate shape. Mr. Speaker, certain times throughout the year, on certain occasions, we lose our tranquillity of the beaches and parks. And, Mr. Speaker, we must, in my opinion, observe that at all times because we have residents that live close by, and everybody lives close by, since as you know, Bermuda is only 22 square miles, with the music being very loud and sometimes the music goes to all hours of the night and . . . folks will call me (and I am sure the y called their MPs) about children trying to get rest for school and other things. But, Mr. Speaker —and I am going to be very brief—I am just calling on the public, private sector, Government, all concerned, that if we can make something easy and accessible for the physically cha llenged when they go to the beaches and bays like Long Bay and Shelly Bay and Clearwater because they, too, would like to enjoy the beach and the water, particularly during the summertime. So, I just really
Bermuda House of Assembly rise to [say] just think of our seniors when we are thinking about improvements at those beaches and bays. I know it cannot be at every beach. Some beaches are better for them than others. But I point out those three because I know those three are quite easy and accessible for most seniors, but the phys ically challenged, not so. I know at one time we were talking about some type of equipment to use to assist them in being able to go into the water, so I would just ask my colleague and Honourable Minister, and the public — private and public —to consider that for our seniors and the physically challenged. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Mr. Deputy. Does any other Member wish to speak to this matter? No other Members? Minister.
Lt. Hon. Col. David A. BurchMr. Spe aker, thank you. I will answer in the order in which they . . . in fact, I will start at the end with the Deputy Speaker and his comments about seniors. And I can confirm that whilst there is a plan to have some relaxation in some …
Mr. Spe aker, thank you. I will answer in the order in which they . . . in fact, I will start at the end with the Deputy Speaker and his comments about seniors. And I can confirm that whilst there is a plan to have some relaxation in some of the beaches and parks in the country in terms of having active activities, there certainly also is a plan to accommodate, specifically, seniors and assisting them in getting into . . . to be able to enjoy our parks and beaches and assisting them to be able to take a swim that we all enjoy. In relation to the pop- up permits for concessions in parks, colleagues will note that the amendments now provide for discretion in that regard. And it is the policy and belief of this Government, as a continuation on from the last one, that there needs to be a balance struck between how we utilise our parks and beaches these days going forward and at some point in the not -too-distant future I shall return to this House with a plan about how it is that we intend to implement some of those changes so that we can provide added activities, not just for our locals, but for our visitors as well. In relation to the maintenance yard [issue] that was raised by the Shadow Minister, that is not a matter for these amendments. There is some activity in that regard which I shall report on when it is conclu ded. In relation to the Chief Surveyor being ex off icio, now that Parks falls under the Ministry there is provision for representatives from the Ministry to serve ex officio on the Parks Commission. So, I think that one will be covered. In relation to the protected areas, I am advised, Mr. Speaker , that —the protected and buffer areas —that this has always been the case from the origination of the Act in 1986. I think there is just an application of it now. And what we will do is, partic ularly in the case of busy beaches where swimming and other activities on the beach take place, then there will be restrictions on boats, but there will be public notices, both in the public domain as well as signs posted at the various locations. Finally, Mr. Speaker , in relation to the parks workers, I think I have met with them more than I have any other area of the Ministry since coming into this job, mainly because I think they are the longest suffering. And so, I do joi n my colleagues in commending them for the work that they have done, even though, in some respects, the country looks like it could use some added staffing. And certainly we have taken some action in that regard in the early days of this administration, to recruit some staff. And, in fact, I ran into a young man today who has recently been hired by Parks. So, I think that the members of the comm unity and this House will soon see that there is some improvement —dramatically —in terms of the state of parks in t he country. I think there was also—I missed one—in rel ation to Cooper’s Island and the state of Cooper’s I sland. There is some work being carried out by the D epartment of the Environment. And I think if the Ho nourable Member was to have any spies in St. D avid’s today he would find that they are on the ground as we speak. With those comments, Mr. Speaker , I move that the Bill be committed.
The SpeakerThe SpeakerThank you, Minister. Mr. Deputy, would you take the seat? [Pause] House in Committee at 2:10 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL BERMUDA NATIONAL PARKS AMENDMENT ACT 2017
The ChairmanChairmanHonourable Member s, we are now in Committee of the whole House for further consider ation of the Bill entitled Bermuda National Parks Amendment Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor.
Lt. Hon. Col. David A. BurchMr. Chairman, thank you very much. I would like to move clauses 1 and 2. Clause 1 is the title of the Bill and 2 amends section 25(1) of the principal Act by adding after subparagraph (f), sub- paragraph (f a), thereby allowing regulations to be made under this Act …
Mr. Chairman, thank you very much. I would like to move clauses 1 and 2. Clause 1 is the title of the Bill and 2 amends section 25(1) of the principal Act by adding after subparagraph (f), sub- paragraph (f a), thereby allowing regulations to be made under this Act for the purpose 658 24 November 2017 Official Hansard Report
Bermuda House of Assembly of prescribing fees, other than fees that are prescribed under the Government Fees Regulations 1976.
The ChairmanChairmanAny further speakers? There appear to be none. Minister, carry on. CLAUSE 3 REPEALED
Lt. Hon. Col. David A. BurchMr. Chairman, clause 3 in this Bill provides for the insertion of [new section] 25A “Validation of fees,” ( after section 25) to be r epealed, as this validation is provided for in the Berm uda National Parks [Amendment] (No. 2) Bill [2017]. And so, as such, I move, Mr. …
Mr. Chairman, clause 3 in this Bill provides for the insertion of [new section] 25A “Validation of fees,” ( after section 25) to be r epealed, as this validation is provided for in the Berm uda National Parks [Amendment] (No. 2) Bill [2017]. And so, as such, I move, Mr. Chairman, that the Bill be amended by repealing clause 3 of the Bill, thereby removing the proposed addition of section 25A.
The ChairmanChairmanYes, the amendments are being handed out right now . [Pause]
The ChairmanChairmanAnyone want to speak to the amendment? [Pause]
The ChairmanChairmanThe Chair recognises the Honourable Member Trevor Moniz. Hon. Trevor G. Moniz: Mr. Chairman, I just presume the Minister is going to explain why he is doing this. Is he giving an explanation?
Lt. Hon. Col. David A. BurchMr. Chairman, I will repeat. The reason why I am repealing this section in this Bill is because it is entered into the next Bill. I said in a statement earlier that par t of . . . there was a snafu in the Attorney General’s Chambers in the drafting …
Mr. Chairman, I will repeat. The reason why I am repealing this section in this Bill is because it is entered into the next Bill. I said in a statement earlier that par t of . . . there was a snafu in the Attorney General’s Chambers in the drafting of the Bill, so both of them ended up in both Bills. It refers to fees, so I am deleting it from this Bill, but you will find it in the next Bill.
Hon. Trevor G. Moniz: I am obliged. I am obliged.
The ChairmanChairmanThank you. Any further speakers? There appear to be none. Carry on, Minister.
Lt. Hon. Col. David A. BurchMr. Chairman, this obviously will change the numbering in the clause by clause of the Bill as we go forward, but I will refer to those clauses as they are printed in the Bill, even though the numbering will change once the amendment comes through. So, in the case of …
Mr. Chairman, this obviously will change the numbering in the clause by clause of the Bill as we go forward, but I will refer to those clauses as they are printed in the Bill, even though the numbering will change once the amendment comes through. So, in the case of clause 4, it repeals and r eplaces the First Schedule of the principal Act, adding new Nature Res erves to reflect areas of the same that are to be managed as part of the National Park Sy stem. Clause 4 also clarifies that maps of the Nature Reserves can be viewed at the Department of Parks or at the Ministry of Public Works (Department of Land Surveys and Registration). And clause 5 amends the Third Schedule of the principal Act by increasing the constitution of the commission from 12 members to 13 members (which includes the current Director and the Assistant Director as ex officio members). The addit ional members are as follows: one member from the Bermuda N ational Trust; one from the Bermuda Audubon Society; one member from the National Museum of Bermuda; one member from the Bermuda Zoological Society; one member from the Bermuda Tourism Authority; two members representative of users of the System (and by that, that would be members of the general public); and four members who may be considered by the Minister to have a sufficient interest or expertise in environmental protection, conservation of natural or historical resources; economic, commercial or entr epreneurial matters. And finally, clause 6 repeals sections 26 and 27 of the Bermuda National Parks Amendment Act 2009 as they have been superseded by the amendments being made by way of the Bermuda National Parks Amendment Act 2017. And clause 7 is the commencement provision. And I move those clauses, Mr. Chairman.
The ChairmanChairmanAny speakers to that? Hon. Trevor G. Moniz: Mr. Chairman.
The ChairmanChairmanGo ahead. Hon. Trevor G. Moniz: Thank you. Mr. Chairman, I just thank the Minister for clarifying the meaning of “users” for those members of the general public. Thank you.
The ChairmanChairmanAny further speakers? The Chair recognises the Honourable Grant Gibbons.
Hon. Dr. E. Grant GibbonsThank y ou, Mr. Chai rman. Just on clause 5, I wonder if I could get the Minister’s guidance on how he might see . . . let us see, it is [clause] 5(b)(vii) “four members who may be considered by the Minister to have a sufficient interest or expertise …
Thank y ou, Mr. Chai rman. Just on clause 5, I wonder if I could get the Minister’s guidance on how he might see . . . let us see, it is [clause] 5(b)(vii) “four members who may be considered by the Minister to have a sufficient interest or expertise in environmental protection, conservation
Bermuda House of Assembly of natural or historical resources; economic, comme rcial or entrepreneurial matters.” In terms of what he may consider to be appointments here, is the Minister likely to spread this out over the various areas there, or concent rate it in commercial matters? I just would ask if he could pr ovide some guidance as to what his intentions may be with respect to the appointment of those four me mbers.
Lt. Hon. Col. David A. BurchMr. Chairman, the i ntention would be to spread it out over all of those ar eas that I listed so that there is a balance within the composition of the Commission.
The ChairmanChairmanAny further speakers? There appear to be none.
The ChairmanChairmanMinister, do you want to move the clauses and t he Preamble and the Schedule?
The ChairmanChairman—as amended, clauses 1 through 7? There appear to be none. The Bill has been appr oved as amended. [Motion carried: Clauses 1 through 7 passed as amended.]
Lt. Hon. Col. David A. BurchMr. Chairman, I move that the Bill be reported to the House as amended. [Motion carried: The Bermuda National Parks Amendment Act 2017 was considered by a Commi ttee of the whole House and passed as amended.] House resumed at 2:17 pm [Hon. Dennis P. Lister, Jr., Speaker, in the …
The SpeakerThe SpeakerMembers, are there any objections to the reporting of the Bermuda National Parks Amendment Act 2017, as amended? No objections? So it has been reported. We now move on to the second Order for t oday. Minister, it is you again. We have the Bermuda National Parks Amendment (No. 2) …
Members, are there any objections to the reporting of the Bermuda National Parks Amendment Act 2017, as amended? No objections? So it has been reported. We now move on to the second Order for t oday. Minister, it is you again. We have the Bermuda National Parks Amendment (No. 2) Act 2017.
BILL
SECOND READING
BERMUDA NATIONAL PARKS AMENDMENT (NO.2) ACT 2017
Lt. Hon. Col. David A. BurchMr. Speaker , I move that the Bill entitled the Bermuda National Parks Amendment (No. 2) Act 2017 be now read the second time.
Lt. Hon. Col. David A. BurchMr. Speaker , as the title of the Bill indicates, it is the second (or No. 2) amendment to the Bermuda National Parks Act 1986. In my brief that I presented earlier today for the first set of amendments to the Act, I pr ovided a comprehensive overview of our …
Mr. Speaker , as the title of the Bill indicates, it is the second (or No. 2) amendment to the Bermuda National Parks Act 1986. In my brief that I presented earlier today for the first set of amendments to the Act, I pr ovided a comprehensive overview of our National Park System which includes all of our public beaches, parks and nature reserves, forts and other notable historical sites. Therefore, having provided the background and context I sill simply summarise the proposed amendments in this Bill. Mr. Speaker , the first amendment is the insertion of section 25A, which provides that the Minister, by order, may waive fees due to impromptu or exceptional circumstances. The circumstances and conditions of any waiver are c learly set out in the Bill. And it is worthy to note that “no waiver shall be granted unless the Minister has consulted the Minister respons ible for the enactment under which the fee is pr escribed.” The power of waiver being proposed by way of the new sect ion 25A is on par with section 2A of the Government Fees Act 1965. 660 24 November 2017 Official Hansard Report
Bermuda House of Assembly The second amendment is the insertion of section 30A which provides “Validation of fees charged, (1) “Where, prior to the coming into oper ation of this Amendment, the Department had charged and collected fees for any admittance, goods or ser-vices” —Mr. Speaker , Honourable Member s may recall that I addressed this particular matter in my earlier presentation. The final amendment in this Bill is the amendment to Head 7 entitled Bermuda Nationa l Parks Act 1986 of the Government Fees Regulations 1976, which sets out the fees prescribed for licences and permits for services and use of areas within the National Park System. Mr. Speaker , with those brief comments I conclude my brief on the Bermuda National Parks Amendment (No. 2) Act 2017 and move that the Bill do be now read a second time.
The SpeakerThe SpeakerThank you, Minister. Does any Member wish to speak to that? I recognise the Honourable Member from constituency 7. Honourable Member Richards, yo u have the floor. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker , we on this side have no problems with the Bill as …
Thank you, Minister. Does any Member wish to speak to that? I recognise the Honourable Member from constituency 7. Honourable Member Richards, yo u have the floor.
Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker , we on this side have no problems with the Bill as currently drafted. I must say that when I was Minister this was brought to my attention and I must say that, at first, m y first reaction was how could we as a Government be charging fees for a number of years without it being enshrined in regul ations? With that being said, we recognise (and I recognised at that time) the necessity of regulating the charging of fees for the use of properties and buil dings in the National Park System. So that is what this legislation today is achieving. We also recognise that Government is in need of increasing the revenues earned. So, this obviously will assist in that regard. When I did look at the fees that were initially being charged, there was some i nternal discussion about whether fees were appropriate and some adjustments were made at that time. And the fees that are outlined in the current Bill definitely are in line with what I had l ooked at. And I feel that the fees are reasonable and that a benefit can be achieved because we do not want to discourage the use of our National Parks for various uses, whether they are camping [or] whether they are some type of activity in the Park that is being used for commercial activity. So I feel that the way the Bill is currently drafted achieves that. And it was touched on earlier today the i mportance of our parks and beaches to the well -being of society. Open spaces are important for the health of a community and for the health of individuals. So my hope is that some of these funds will be allocated for the upkeep and continued maintenance of our parks and beaches. And you know some infrastructures that really seem to need more attention are the bathrooms. I am sure that the current Minister, as were past Mini sters, is constantly receiving phone calls, emails, and correspondence about the condition of the bathrooms in our parks and beaches. So I would really encourage the Government to give that special attention. The parks and beaches are used by locals and tourists alike so, once again, the Bill that is cur-rently drafted is acceptable to this side. Thank you,
Mr. Speaker .
The SpeakerThank you, Member. Does any other Member wish to speak to it ? No other Member wishes to speak? I recognise the Honourable Member from constituency 9. Honourable Member Moniz, you have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker .
The SpeakerThe SpeakerYou will be a brief as you were earlier, right? [Inaudibl e interjection]
The SpeakerThe SpeakerMaybe not. Oh, geez, go on . . . go ahead, Member. Hon. Trevor G. Moniz: Mr. Speaker , my Members on this side are concerned that the 25A in the previous Parks Bill is not the same as the new section 30A i ntroduced in this Bil l. The …
Maybe not. Oh, geez, go on . . . go ahead, Member. Hon. Trevor G. Moniz: Mr. Speaker , my Members on this side are concerned that the 25A in the previous Parks Bill is not the same as the new section 30A i ntroduced in this Bil l. The previous Bill in [section] 25A(2) said that: “Nothing . . . shall prevent the pros ecution of any person who, prior to the commencement of the Amendment Act —(a) collected a fee from the public on behalf of the Department or its predeces-sors; and (b) without lawful authority, retained the fee collected for his own benefit.” Those provisions are not contained in this Bill, and perhaps the Minister could speak to why those are left out. I suspect that there may be a legal reason to that, but I think it will require some explanation [as to] why that is being taken out of the amendment be-ing made in No. 2. So, while there is a validation of fees charged in Bill No. 2, it does not have the proposed amendment that was removed in the 25A from the previous Bill with respect to prosecution of people who took these and then kept them for their own purposes. And you know the concern here, Mr. Speaker , is that this is not a theoretical concern. We know that there were serious problems with senior personnel in the Parks Department, there were a number of investigations. It seemed at the end of the day that it may not have been well -handled, and I am not sure whet her people lost their employment as a result of misfeasance or malfeasance over a period of years in the Parks Department.
Bermuda House of Assembly I think the public deserves some explanation that leads the public to be happy with how we are going forward. There have been disturbing reports that some of the people who were being investigated and found to have acted improperly are s till in the employ of the Department. And I think there needs to be some sort of report to the public to explain who was invest igated, for what, and what the outcome was. I have a very serious concern about that and I think the public of Bermuda has a conc ern. It may be that, with respect to this amendment, the Minister can explain it on some legal ground. But with respect to what actually happened on the ground within the Parks Department over a long period of years, the public needs to be satisfied that the miscreants are no longer there and that punis hment has been meted out and that things will be on a level footing —a good footing—going forward. But so far we have not had that. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Minister?
Lt. Hon. Col. David A. BurchJust in relation to the comment from the Shadow Minister in relation to fees, we do agree. The fees are not meant to creat e a profit, but to cover some of the expenses of staff that are utilised for these various functions. I do take on board his point …
Just in relation to the comment from the Shadow Minister in relation to fees, we do agree. The fees are not meant to creat e a profit, but to cover some of the expenses of staff that are utilised for these various functions. I do take on board his point about the condition of bathrooms. [People] were able to, very swiftly, find my new email in government and have been making good use of it. And it is at the top of our agenda in terms of, particularly, during the winter season when there is less use of the parks to try and get some of that work done. In relation to the last speaker, first of all, the matter of staffing in the D epartment of Parks really is not covered under this Act, and would be a matter for the Public Service Commission. So I shall not comment. And in relation to the removal from the first Act . . . the question of being able to prosecute som eone for theft, and the invitation to me, as a nonlawyer, to give a legal opinion, Mr. Speaker , is very interesting. Because you know I sit around the table on Tuesday with three lawyers and I generally give legal advice that is far sounder than theirs.
[Laughter]
Lt. Hon . Col. David A. BurchAnd so I shall today state that, irrespective of the removal of this from the Act, as an administrative error, if there are acts of criminal activity —not only in relation to parks, but in the country generally —they will be covered un der the Criminal Code. Thank you , …
The SpeakerThe SpeakerThank you. Deputy? House in Committee at 2:29 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL BERMUDA NATIONAL PARKS AMENDMENT (NO.2) ACT 2017
The ChairmanChairmanHonourable Member s, we are now in Committee of the whole House for further consider ation of the Bill entitled Bermuda National Parks Amendment (No. 2) Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor.
Lt. Hon. Col. David A. BurchMr. Chairman, thank you. I would like to move clauses 1 through 5. Clause 1 is the title of the Bill. Clause 2 amends the principal Act by inser ting after section 25 section 25A, thereby giving the Minister statutory authority to waive, by Order, the imposition of fees (owing …
Mr. Chairman, thank you. I would like to move clauses 1 through 5. Clause 1 is the title of the Bill. Clause 2 amends the principal Act by inser ting after section 25 section 25A, thereby giving the Minister statutory authority to waive, by Order, the imposition of fees (owing in accordance with the new section 25(fa)) in impromptu or in exceptional circumstances. Clause 3 amends the principal Act by inser ting after section 30 section 30A, thereby validating fees charged and received by the Department, prior to the coming into operation of the Bermuda National Parks Amendment (No. 2) Act 2017. Clause 4 amends Head 7 of the Government Fees Regulations 1 976, thereby adding additional l icence and permit fees to the Government Fees Act 1976. Clause 5 provides the commencement of the Bill. Thank you, Mr. Chairman.
The ChairmanChairmanThank you, Minister. Any further speakers? 662 24 November 2017 Official Hansard Report Bermuda House of Assembly The Chair recognises the Honourable Grant Gibbons.
Hon. Dr. E. Grant GibbonsThank you, Mr. Chai rman. Mr. Chairman, not to pursue this to the nth degree, but with respect to clause 3 in this Act, the No. 2 Act, which, as my honourable colleague, Mr. Moniz, has said, has taken out the pro vision about prosecution, clearly the drafts people in …
Thank you, Mr. Chai rman. Mr. Chairman, not to pursue this to the nth degree, but with respect to clause 3 in this Act, the No. 2 Act, which, as my honourable colleague, Mr. Moniz, has said, has taken out the pro vision about prosecution, clearly the drafts people in the first Act had a feeling that it was necessary to have that prov iso in there that “Nothing in this section shall prevent the prosecution of any person who, prior to the commencement of the Amendment Act—collected” any fees, et cetera, et cetera, whereas this one does not have that proviso in there. So, obviously, one draftsman, maybe it was the same draftsman, felt that was a requirement or necessary to make sure that this essentially retrovalidati on did not eliminate that possibility. But the Minister is saying that he does not believe that this, in fact . . . without that will prevent that. So maybe if I could get a more substantive comment from the Mini ster that he believes that there is nothing in this clause 3, in terms of validating the fees, which retroactively would prevent that prosecution going forward given the concerns that have been raised on this side. Thank you.
The ChairmanChairmanAny further speakers? Minister, do you want to reply? I am sorry, the Chair recognises the Honour able Hedley Simons —I am sorry, Cole Simons. [Inaudible interjection]
The ChairmanChairmanOkay. All right, go ahead, sir. Yes.
Mr. N. H. Cole SimonsIn the event that an appl icant, basically, fails to comply with the condition of the waiver and he goes to court, I see that the Gover nment is able to recover the debt or liquidate the demands. Can we also include “court c osts” in there as well? Because …
In the event that an appl icant, basically, fails to comply with the condition of the waiver and he goes to court, I see that the Gover nment is able to recover the debt or liquidate the demands. Can we also include “court c osts” in there as well? Because they, in essence, violated the contract and I do not see why we cannot have court costs r ecovered.
The ChairmanChairmanAny further speakers? Minister? Yes, Minister, I am sorry, yes, you.
Lt. Hon. Col. David A. BurchMr. Chai rman, in rel ation to the first question, I am at a loss to explain it. It is the same draftsman who put it in and then took it out. And the advice that I am being given is that if you commit a criminal act in this …
Mr. Chai rman, in rel ation to the first question, I am at a loss to explain it. It is the same draftsman who put it in and then took it out. And the advice that I am being given is that if you commit a criminal act in this country, no matter what the law . . . what this Act says, you will be prosecuted—
Lt. Hon. Col. David A. Burch—to the fullest extent of the law. In relation to the last question, now it escapes me what the hell it was . . . [Inaudible interjection]
Lt. Hon. Col. David A. BurchOh, in relation to court costs, I am advised, Mr. Chairman, that court costs are only asked for when you are in court of the judge and he will rule one way or the other. It would not be included in the Act.
The ChairmanChairmanClauses 1 through 5 have been moved. Any objections to approving these clauses? There appear to be none. [Motion carried: Clauses 1 through 5 passed.]
Mr. Chairman.
The ChairmanAny objections to the Preamble being approved? There appear to be none.
Lt. Hon. Col. David A. BurchI move that the Bill be reported to the House as printed. [Motion carried: The Bermuda National Parks Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed without amendments.] Bermuda House of Assembly House resumed at 2:34 pm [Hon. Dennis P. Lister, Jr., …
I move that the Bill be reported to the House as printed. [Motion carried: The Bermuda National Parks Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed without amendments.]
Bermuda House of Assembly House resumed at 2:34 pm
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
REPORT OF COMMITTEE
BERMUDA NATIONAL PARKS AMENDMENT (NO.2) ACT 2017
The SpeakerThe SpeakerMembers, any objection to the Berm uda National Parks Amendment (No. 2) Act 2017 being reported to the House? No objections. We will now move on to the third Order for today and it is the Land Title Registration Amendment Act 2017 and, again, in the [name of] the Minister …
Members, any objection to the Berm uda National Parks Amendment (No. 2) Act 2017 being reported to the House? No objections. We will now move on to the third Order for today and it is the Land Title Registration Amendment Act 2017 and, again, in the [name of] the Minister of Works. Minister, you have the floor.
BILL
SECOND READING
LAND TITLE REGISTRATION AMENDMENT ACT 2017
Lt. Hon. Col. David A. BurchMr. Speaker , thank you. I move that the Bill entitled the Land Title Registration Amendment Act 2017 be now read the second time.
Lt. Hon. Col. David A. BurchMr. Speaker , the main objective of this Act is to incorporate the following amendments — Hon. Trevor G. Moniz: Mr. Speaker , if I might raise a point of order.
The SpeakerThe SpeakerWe will you take your point of order. Just a minute, Minister. Go ahead, Member. POINT OF ORDER Hon. Trevor G. Moniz: Mr. Speaker , it has been the custom and practice in the House for the Minister to give his opposite Member a copy of the brief. I wonder …
We will you take your point of order. Just a minute, Minister. Go ahead, Member.
POINT OF ORDER Hon. Trevor G. Moniz: Mr. Speaker , it has been the custom and practice in the House for the Minister to give his opposite Member a copy of the brief. I wonder if it is possible for me to get a copy of the brief. Certainly when I was Minister of Public Works, Minister of Health, and Attorney General and my s uccessor, Mr. Cannonier as Minister of Public Works, always gave the briefs for our opposite Member. Is it possible to get that, please?
The SpeakerThe SpeakerIt is not a requirement. It may have been a practice by past Ministers, but it is not a r equirement, so I cannot insist that the Minister — Hon. Trevor G. Moniz: It has been practice. No, but he can be—
The SpeakerThe Speaker—I cannot insist that the Minister give you a brief. Hon. Trevor G. Moniz: You can ask him; you can ask him.
The SpeakerThe SpeakerBut if he does not have a second brief on him I do not think he will be able to provide a brief at this time. Hon. Trevor G. Moniz: Well, I asked for it before lunch, so I think that —
The SpeakerThe SpeakerIt took you off your stride, Minister? You are back in form now.
Lt. Hon. Col. David A. BurchYes, I am off my stride. I wish I had been asked during lunch because if the PS was going to give him something, I am quite prepared to share it with him, but I can tell you that I have made changes to it since the PS had it. …
Yes, I am off my stride. I wish I had been asked during lunch because if the PS was going to give him something, I am quite prepared to share it with him, but I can tell you that I have made changes to it since the PS had it. So the one he is going to get is not exactly —
Lt. Hon. Col. David A. Burch—identical to the one that I am giving. It has the pertinent information that I have not changed though. As long as he is willing to accept that, then I am quite happy for him to have it.
The SpeakerThe SpeakerMember, are you comfortable with that? The Minister is trying to be accommodating to you. Hon. Trevor G. Moniz: Of co urse, I greatly appreciate that, Mr. Speaker . Thank you.
Lt. Hon. Col. David A. BurchOkay. 664 24 November 2017 Official Hansard Report Bermuda House of Assembly The Speaker: They will have a copy made and you will be supplied a copy. We will continue, Minister, in the meantime and your copy will come for you, Member.
Lt. Hon. Col. David A. BurchThank you, Mr. Speaker . Mr. Speaker , the main objective of this Act is to incorporate the following amendments: • The Land Title Registration Act 2011 intr oduced a system whereby all properties, prior to registration, will be adv ertised in the official Gazette . • Repeal section 4 …
Thank you, Mr. Speaker . Mr. Speaker , the main objective of this Act is to incorporate the following amendments: • The Land Title Registration Act 2011 intr oduced a system whereby all properties, prior to registration, will be adv ertised in the official Gazette . • Repeal section 4 of the Land Title Registrar (Recording of Documents) Act 2017. • Provide for the creation of an electronic regi ster of judgments for new judgments created once the Act has been passed. • Increase the threshold for a lease to be regi stered from 5 to 21 years. • Introduce a penalty fee for late registration and repeal sections 26 and 27 of the Land T itle Registration Act 2011. • Provide for the publication of rules by deposit for public inspection; and for other relat ed matters. Mr. Speaker , the Land Title Registration Act 2011 was enacted in December 2011, but has not yet been brought into operation. The proposed amendments will facilitate the implementation of the Land Title Registration System for Bermuda. In the 2017 Throne Speech this Government made a pledge to bring the Land Title Registration regime into force. Some of you may recall that it was the late PLP Senator Q. Charles Bean from Warwick who served in the Senate from October 1976 to November 1985 who cham pioned a need for a Land Title Registry. He knew first -hand about the need because of what he had seen and heard of Bermudian landowners’ con-cerns. I am pleased to not only see this PLP promise fulfilled, but I am deeply honoured to be piloting these amendments through the House. The effect of introducing the Act, Mr. Speaker , will be such that deeds and property -related judgments will be deposited with the Land Title Registr ation Office. Once an electronic register is created, the information in such documents will be held online and will be easily accessible to the public. Mr. Speaker , the key particulars of the regi stration, whether compulsory or voluntary, will be pr eceded by a public notice period of 30 days. The notice will invite those parties who ar e affected by the pr oposed registration and who believe that they have a credible interest in the property concerned to come forward and contact the office to explain and prove their claim. The property will be registered once the claim is settled. During the interim the purchaser’s interests will be protected under the priority notice. Mr. Speaker , section 4 of the Land Title Registrar (Recording of Documents) Act 2017 will be r epealed. The Supreme Court will continue to manage the judgments contained in t he cause book. After careful consideration it was felt that it was more appropriate for the Supreme Court to continue to manage such judgments, leaving the Land Title Registr ation Office free to focus on land registration. The O ffice will also create a jud gment register, which will d etail the debts which affect the piece of land or property. The Act will only deal with judgment debts made after the Act comes into force. However, in addition, creditors will have the option to register existing debts created before the Act came into force with the Office so that they appear on the new judgment register. Mr. Speaker , the minimum lease term requi ring registration has been increased from five to 21 years to fall in line with section 16(2) of the Conve yancing Act 1983 which will allow the attorneys to sati sfy title. Mr. Speaker , through consultation with the attorneys it has been agreed to repeal sections 26 and 27. Currently, section 26 provides that an application for registration is required to be made within tw o months or such longer period as the Registrar may, for good reason, allow. If the application is not regi stered, the transfer, grant, or creation of the estate be-comes void. Under section 27 it provides who would be liable to make good such a void transf er. The replacement section provides that the person required to make the application to register lands shall pay, in addition to the fee prescribed for such an application, a late penalty fee of $200 for ev ery day or part thereof during which the applicat ion remains unmade. Mr. Speaker , given the voluminous nature of the rules, it is proposed that they not be published in the official Gazette, but instead are published by deposit for public inspection at the Land Title Registrar’s Office. Mr. Speaker , this is landmark, bread and butter legislation that will positively impact all those who are landowners who will never again have to spend one penny fighting to prove ownership of their property. Thank you, Mr. Speaker . With those comments I move that the Bil l be now read a second time.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak to this? I recognise the Honourable Member from constituency 9. Honourable Member Moniz, you have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker , and I, again, thank the Minister for sharing his brief with me. Bermuda House …
Thank you, Minister. Does any other Member wish to speak to this? I recognise the Honourable Member from constituency 9. Honourable Member Moniz, you have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker , and I, again, thank the Minister for sharing his brief with me.
Bermuda House of Assembly This, clearly, as everyone will know, has been a long vexed issue. As you say, it goes back to 2011. Now I . . . perhaps the Minister can speak to this, but I have received an indication that it will not come i mmediately into effect. And I say that because during my tenure as the Minister of Public Works from D ecember 2012 until December 2013 and during my three years as Attorney General, this was an issue that I had very great interest in and I worked assiduously with the staff at the Land Title Registrar’s Office and with the Property Subcommittee of the Bermuda Bar. So we had many, many, meetings. There were many issues to be addressed. And I might say I felt like I was, you know, someone from the United N ations trying to stand between two warring factions. But, to their credit, they came to the wicket —both sides —and achieved considerable progress. Now, with respect to the Bill that is before us today, it seems to be somewhat slimmed down from the draft that we had while I was in the Attorney Gen-eral’s position. But there are a number of things which are of great interest. One of the things, which I had great interest in, was the register of judgment debts. Now, Bermuda . . . and this is an area where people think they can take cookie cutter legislation from one place and put it in another place. But in Bermuda, S upreme Court judgments are a charge on land. So if you have a Supreme Court judgment against you, it then forms a charge on your land. So when you sell that land your attorney must go and search the regi ster of judgments because that person has priority to sell that land and to recover his judgment debt. It is a very important piece of legislation that has existed in Bermuda for, probably, hundreds of years and does not exist in the United Kingdom where the Land Title Registry staff comes from. So, they had some difficulty in understanding that, and I had a great deal of difficulty in getting the Land Title Registry staff to communi cate with the Supreme Court Registry staff. There were accusations that emails were sent and emails were not responded to, et cetera, et cetera. But eventually we got to a point where . . . at the time I had it . . . the idea was that the . . . there would be a judgment register which would be, hop efully, searchable online. And now I see, with respect to what is pr oposed today, the proposal is that the Supreme Court will continue to register judgments and then the Land Title Registrar will have a register f rom the day the Act comes into force going forward and that people with older judgments may bring those judgments to the Land Title Registry Office and ask for them to be reg-istered. Now also it says here that . . . the Minister, in his brief, said that wi th respect to that register that it would not be in the official Gazette, but would be published by deposit for public inspection at the Land Title Registry Office. And I hope that means that it will be published in the daily paper or available online be-cause you do not really want people having the r esponsibility to go up to the Land Title Registry Office every day to see if someone has registered something which they should not have registered. And there are often . . . you know, in these things there are . . . not just people with evil intent or with fraudulent intent, but there are also people who just make mistakes. So, you know, it is very easy to be done, a lot of people’s names are very similar and if something is registered against your name and it should not be, you know, there may be six John Smiths, for example, [and] someone may go stick it on John Smith and against his property and it is the wrong John Smith. So those are the things which we have to be careful about. Now, as I said, we have achi eved a lot of pr ogress. To me that was a very important point that we had to deal with. I think there are still some outstand-ing issues. You know, in this Bill when I saw the 21 years I thought, Oh, well, that was one of the amen dments we were looking at. But, in fact, that is talking about to register a lease. Originally, they said to regi ster a lease it would be any lease of five years or longer and now they are putting it at 21 years or longer, which is probably an appropriate amendment. But one of the provisions in the amendment Bill that we had drafted was that in order to get good title it would have to stand for a period of time. At the present time in our law you have to have good title for a period of 20 years. Now, I do not have the Act in front of me because I know online the Act is not in force, so I cannot look at it online and I do not have the copy with me. But I think the provision is you can get good title after only a relatively short period of years —in the single digits —probably about five years, you can get good title. But right now it is 20 years. And when I asked the Land Title Registrar what the general period is in the UK and across the islands, the general period is above 10 years and up to 21 years. And one of the amendments that was agreed [was that it] would be that it would be a longer period. Now, in some of the submissions made by the Property Subcommittee of the Bermuda Bar I sided with them, but in this one, I sided with what I saw as the customer’s interest —the landowner’s interest —as separate from the Bar’s interest. The Bar was interested in having a short period because that got them off the hook from a liability and an insurance point of view. So they were happy with a term of years that was single digits and after that you were SOL. But as—
[Inaudible interjection]
Hon. Trevor G. Moniz: It is talking about the sun, you know, you are hot in the sun. So, what happened is . . . obviously, here in Bermuda we have often, as the Members of the Government have mentioned many, many, times, a lot of Bermudians who live abroad. And they live abroad for 666 24 November 2017 Official Hansard Report
Bermuda House of Assembly a long period of years —many, many years —and some of them own property here. So there may be notices in the local paper and they do not see them. It may be vacant land and then, all of a sudden, they come back to Bermuda and they find that someone has taken ownership of their land. And that is the danger of this legislation—
Mr. Speaker .
The SpeakerYes, Minister, we will take you r point of clarification. POINT OF CLARIFICATION
Lt. Hon. Col. David A. BurchLet me just clarify for the Honourable Member . In fact, he . . . it is the rules that will not be published in the Gazette, that have to be at the Registrar’s [Office], but yo u can search the register online to be able to establish title.
The SpeakerThe SpeakerThank you, Minister. Member, you can continue. Hon. Trevor G. Moniz: I greatly appreciate that clar ification —
The SpeakerThe SpeakerIt is helpful for us. Hon. Trevor G. Moniz: —by the Minister.
The SpeakerThe SpeakerYes. Hon. Trevor G. Moniz: So that one of the things in terms of how soon you can get good title and how long a period of time you have to challenge. These things, of course, cut both ways. The original thrust behind the legislati on was that people who …
Yes. Hon. Trevor G. Moniz: So that one of the things in terms of how soon you can get good title and how long a period of time you have to challenge. These things, of course, cut both ways. The original thrust behind the legislati on was that people who had perhaps lost their deeds had lost their property because someone else had taken it. So, the thrust of this legi slation was that you could get good title to property without having the deeds and that would help people who had lost their deeds. But, of course, that is very much a two- edged sword because if you can get title without any deeds, if you are a rascal and a rapscallion character, you can walk along to the Land Title Register and say, Oh, that piece of land over there in P embroke is my land and I want it . . . I just don’t happen to have any deeds. Now, you know that the real owner of the land is living out in California— a Bermudian living in Cal ifornia—so you say, Well, they’re not gonna see it . You go and put your thing i n, you leave it there for a couple of years, you own the land free and clear and you have committed an act which is, you know, inappr opriate. Now, it is going to very difficult for that person if they return after the period of years has passed—let us say it is five years —they return after five and a half years and want to sell the piece of land or otherwise deal with it, build on it, et cetera, and then the Land Title Register says No, this other chap’s put his name on it and you didn’t object. Now you ca n get it back, perhaps, if you could prove fraud, but I will be honest with you. I will not say that proving fraud in Bermuda is impossible, but it is challenging . . . to go in front of a jury and try to prove evil intention. And there has certainly been recent legislation in the UK to try and change tests for intention in the law, and it is because of that very reason. So you have got to be very careful what you are doing. You may be closing one door and opening another door to bad behaviour. So, suffic e it to say that I favoured a much longer period and the Land Title Registrar, Debbie Reid, admitted that in other countries the period is generally much longer. And, in fact, she had said the shorter period was not from her, but was requested by the lawyers. And I said, Well, I don’t agree with them there. I think we need to protect the public. And I think a longer period would tend to protect the public. Now, another area of concern was, I believe, that there is to be given to the Land Title Registry O ffice a certificate of title by the attorney. Now, the diff iculty there is that traditio nally what an attorney does is represent a vendor who is buying property and he assures —he gets the deeds, he searches the judgment register, and does all things necessar y until he is satisfied that there is good title on that property —so that the vendor (the person selling it) has a genuine title they can sell to the purchaser. And normally it is a lawyer who is purchasing, who will certify good title to his client. Now, that lawyer is required to have insurance to cover that by the Bar Association. He is r equired to have indemnity insurance to cover him if he has made a mistake, and that does not exist. Now, I think within this piece of legislation the attorney gives a certificate of title to the Land Title Registry Office and, effectively, indemnifies the whole world that there is good title to that property in the person who is registering it. Now, at the present time the attorneys are saying, Well, our indemnity insurance does not cover that risk, it only covers the advice that we give to our client. So somehow the attorneys have to see if they can change their insurance to co ver that risk at a price that is reasonable. Now, of course, overall, whatever they charge is going to be passed on to their customers, their cl ients, so you know the fee that they charge will have to go up in order to cover whatever their premium is on their indemnity insurance cover. Now, the other way around that was for the Government —the Land Title Registry Office —to i ndemnify that there was good title for anything that was on their register. But, of course, civil servants being what they are, said, Well, we’re not going to indemnify anybody of anything. We’re just going to have this
Bermuda House of Assembly register and we’re not really guaranteeing that title, we’re going to receive a certificate of title from the lawyer who wants to register it on behalf of his client, the lawyer is going to indemnify. So that is where we have a difficulty. And I am not convinced t hat that i ssue has been sorted out. It is a change in the situation that we really have to look at very carefully. I know that there were other issues. I do not have an encyclopaedic . . . I am hoping there is a period of six months or so where the proper ty subco mmittee of the Bar can get to grips with the Minister to see that everything is . . . all the i’s are dotted and all the t’s are crossed, because there are other outstan ding matters of concern which were raised at that time, and I am not sure if they are covered or not. And cer-tainly, I think, as I recall matters that were covered, it was not just a register of judgments (which is with the Supreme Court), there is also the Registrar General who has a register of voluntary conveyances, a regi ster of alien deeds (i.e., lands held by nonBermudians), and a register of mortgages —all of those things need to be consolidated, digitised, and available for search online, which is a big item of work that has to be done. And what tends to happen within Governm ent is that, you know, a department will say, Well, that’s not my job; that’s not in my job description, that’s somebody else’s. But it is important that we pull all the departments together and get all of this to work as a seamless whole as we go forward, otherwise we may not be solving a problem, we may be creating problems, which is the one thing that we do not want to do for Bermuda as a whole. You know, one of my concerns . . . it seems that we have gone back to indicative boundaries. Now, what we hav e in Bermuda, to date, and certainly I guess for the last several hundred years, is surveyed boundaries. We have accurate surveyed boundaries. And everybody will know you go out and have surve yors and they survey the line of your property and put down some red markers and put down stakes and the put down pins so that you know where the corners of your property are. And it is important because they get blurred over time and when new owners come in they need to know where their boundaries are. And quite often people are mistaken for a while as to precisely where it is and, as you know, hedges grow and trees grow and stone walls fall over, so there needs to be that to sort things out. Now, in the UK they use something called “indicative boundaries.” Indicative boundaries are rea lly just an approximation of where the boundaries might be and, you know, I think that is going to be a problem in Bermuda. What you tend to have overseas is you have . . . in larger countries you tend to have cities and suburbs where th ings are laid out very clearly. And in cities, you know, normally there are small gardens at the back (if you are lucky) and they are walled. In suburbs things are laid out cookie- cutter style in identical squares in estates. And then you have the country rural areas which are large farms of hundreds or thousands of acres where, you know, a foot this way or two feet that way is not really going to matter —and where indicative boundaries might work. In Bermuda it is a little bit different because all of the properties are different shapes and sizes. They have grown up higgledy -piggledy, they are all different shapes and sizes and I think it is, as some Members of the Government have been making comments and their supporters, about overpopulated Bermuda is, how densely populated we are. Well, because of that very dense population that we have in this country, everyone is sitting cheek by jowl on their property and people are very, very, jealous of their property line. So if somebody comes and says, Oh, well, an indicative boundary . . . you see a tree there and the person says, Oh, well, we’ll take your boundary and we’ll wiggle it around the tree. Well, next week a hurr icane comes and the tree has fallen down. There is no more tree; but you have got a boundary with a wiggle in it because of a tree that was once there. It really . . . I do not think it makes sense for Bermuda. I have been practicing law in Bermuda, I guess, for 35 years or so. People fight over inches in Bermuda. Usually their most valuable possession is the land that they own. They jealousy guard it. They pass it down from generation to generation. And so we are just concerned that these indicative boundaries are not the best way to proceed. And, of course, from the point of view of the individua l who owns the land, you have a civil servant sitting up in the government administration building who perhaps comes from the UK, who could care less about your property. They really do not care. All they want to do is end their day’s work and go home and say, Well, I’ve ticked the boxes, I’ve done my job. It only requires indicative boundaries. And you are going to end up . . . these disputes will continue. The di sputes will not disappear because there is some civil servant running it up in the government administration office. And that is . . . and people say, Oh, well, they have these systems overseas and they tend to work. In the UK they introduced a system of regi stered land in the very early 1900s, around 1905, and all the land in England is still not registered. There is still unregistered land in England because converting from an unregistered system to a registered system is a long and arduous task, and they had a lot of challenges. And to suggest that the system they have over there is problem -free is not true. There were all sorts of cases, there were all sorts of challenges, and b ecause civil servants control it they are not satisfactorily . . . the civil servants are happy with the resolution because they could care less either way, they have ticked their boxes and gone home. But for the people who own the land there is a lot of deep unhappiness and dissatisfaction when mistakes are made. 668 24 November 2017 Official Hansard Report
Bermuda House of Assembly So, you know, those are some of the concerns. So, I urge the Minister to listen with an open mind to some of the concerns that have been raised, and it is not just the lawyers, the Property Subcommi ttee of the Bar, it is also, obviously, surveyors and the bankers who provide funding for all of these properties. All of these people have concerns and they need to be addressed. So I just urge the Government to take those concerns on board and to look at this very carefully. This is something that, you know, you can say . . . it is politicians, you know, they love the sound bite—promise made, promise kept —but it is Berm uda as a whole that will have to deal with the fallout if there are major problems going forward. Thank you,
Mr. Speaker .
The SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Minister. Minister Wilson, you hav e the floor. Hon. Kim N. Wilson: Thank you, Mr. Speaker . Mr. Speaker , let me start by stating that I am supporting this legislation for three principal reasons. And …
Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Minister. Minister Wilson, you hav e the floor. Hon. Kim N. Wilson: Thank you, Mr. Speaker . Mr. Speaker , let me start by stating that I am supporting this legislation for three principal reasons. And Mr. Speaker , notwithstanding the legal prowess of the Minister that is responsible for this Bill, the — [Inaudible interjection] Hon. Kim N. Wilson: Pardon me? [Inaudible interjection] Hon. Kim N. Wilson: I was in the kitchen so I did hear the comment. But needless to say I would like to just speak generally, particularly as it relates to m y observations as an estate practitioner dealing specifically with matters that deal with property. As the Honourable Member that just took his seat indicated, there are still some concerns from the conveyancing bar and those concerns will, no doubt, still exist and, perhaps, will be addressed. However, this is long overdue, as was stated previously. We have been waiting for legislation of this effect for a myriad of years. And the reality is that no piece of legislation is ever perfect; no piece of legisl ation satisfies all individuals. It is a wonderful start. And the reality is, because it is long overdue, I think that I am pleased to stand here and support this legislation for the reasons that I would like to speak about. First of all, Mr. Speaker , again —and this wear ing my legal hat —it is a piece of legislation that will allow for the consumer, to a greater degree, to have certainty as to who actually owns the property which they are purchasing. When a purchaser retains the services of an attorney they want to know that the property that they are purchasing is being purchased from a person who: (a) has the right to sell it. They want to make sure that there are no encumbrances on the property. They want to be able to ensure that i f that right of way on the property on the southwest boundary is a right of way that all of the neighbourhood gets to use or if it is restricted to just my neighbour on the south. They want to know what types of covenants are attached to that property. What are the benefits, wha t are the burdens to that property? Are there any easements, et cetera? These are all matters that are very, very, critical to anybody that is purchasing a property.
The SpeakerThe SpeakerYes. Hon. Kim N. Wilson: And the reality is that once this legislation pass es, then we will have a system in place that will better define what those encumbrances are, it will be registered, it will be a public document for ev eryone to see. It will certainly be …
Yes.
Hon. Kim N. Wilson: And the reality is that once this legislation pass es, then we will have a system in place that will better define what those encumbrances are, it will be registered, it will be a public document for ev eryone to see. It will certainly be an advantage for a person who may want to appear on their own behalf and look at the property that they are interested in purchasing to see what easements, et cetera . . . so, of course, it will reduce some of the fees that lawyers are able to charge. But, needless to say, it will be a public registry and will enable persons to be able to see what their property is, what are the . . . any eas ements, any burdens, any covenants, and the like. So that is the first advantage. The second advantage, Mr. Speaker , deals specifically with the expense incurred when you lose deeds. Unfortunately, I have a couple of estate matters that I have just been trying to resolve. But the r eality is that the people have lost the deeds. It is not uncommon. Some persons do not trust keeping them in the safety deposit box. They would rather keep them in their home, a person dies, it is moved som ewhere else to a different location, a sister takes it because she wants to borrow the deeds for the purposes of getting a loan, the loan is repaid after five years, it is returned to the sister, the sister moves house, et cetera. For a number of reasons, Mr. Speaker , unfortunately, people do lose deeds. And I always cringe when I am actually doing estate work and somebody walks in the door and says, Oh, I’ll bring you my deeds . I am like, Please tell me the deeds are not in the underwear drawer. And they are like, Yeah, as a matter of fact, that’s where we keep them. The reality is that if something happens and the deeds are —God forbid—burnt or destroyed, there is nothing to prove ownership of that property. And Mr. Speaker , the cost associated with recreating a deed is huge. I am not going to say it is as high as the cost of the property, but it is very, very, very, expensive. And a system such as this will minimise that burden that a consumer has if they mis place their deeds, if they are lost, if they are destroyed, any number of things could happen. And the reality is now that we are going to move towards registered land and the fact that it is actually going to be electronic —
Bermuda House of Assembly the documents going to be electr onic and the like—it is a much better system for the consumer. That is the second reason. The third reason, Mr. Speaker , is as it relates to the conveyancing costs. And, again, Mr. Speaker , I appreciate that this is a large revenue- generating exercise for certain types of lawyers —property la wyers—and I am probably going to get shot shortly because I do have some friends that practice at the conveyancing bar, but it is not a cheap endeavour. Notwithstanding that it is a very important role that they play an d they have got to do research and they have got to make sure title has gone back 20 years and research, et cetera, but it can be costly. And sometimes we see in conveyancing, oftentimes they charge by the number of recitals. So, notwithstanding that you have to prove title for 20 years, the more recitals, the more they can charge. I have seen conveyances that literally go back to the Magna Carta because of all the conveyances . . . all the recitals. So they are allowed to charge. So the reality is that th is is going to be a cost -saving measure for the consumer. So because of the reasons I have stated ins ofar as you have a degree of certainty as to who is sel ling the property, it will help to alleviate the cost ass ociated with recreating deeds when you ha ve lost deeds or destroyed deeds, it will also reduce the cost that consumers have to pay for law firms to draft their deeds when transferring property and the like, we support this Bill. And the reality is that I appreciate it is not perfect, I appreciate that there are still some challenges, but law is not perfect and we have to start somewhere and we might as well start here. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? The Member behind you rose first , but he sat down, so I will recognise you, Minister. Go ahead Mi nister Brown, you have the floor. Hon. Walton Brown: Thank you, Mr. Speaker . I will be brief. I just …
Thank you, Minister. Does any other Member wish to speak? The Member behind you rose first , but he sat down, so I will recognise you, Minister. Go ahead Mi nister Brown, you have the floor.
Hon. Walton Brown: Thank you, Mr. Speaker . I will be brief. I just want to publicly thank the Minister and his team for bringing this legislation to Parlia ment. It is a very important piece of legislation to bring into effect the Land Title Registry and I am not a lawyer, but I will speak about the tremendous benefit that it will provide to the average man or woman. To a lot of people, Mr. Speaker , as you w ill know, who had their property stolen from them, the people who are sitting on property where they cannot prove title, they cannot prove clear title, this Land Registry will help bring some of those things into r elief. It will afford people an opportunit y to get a greater sense of justice. You will know that we had a debate in this Parliament before about the historic theft of land. I know people lose their deeds, but there have been poor people, people who were marginalised, who had their land taken from them through collusion with lawyers, real estate agents, and politicians. So I welcome this piece of legislation because it will help to bring a level playing field, an objective repository of these titles. If you do not have clear title you would be a v ery courageous . . . if you know you have a problematic title, you would be a very cour ageous person to try to bring it forward to register it. But those who have claims on property will be able to clearly assess those who seek to register such property. So those are my brief remarks, Mr. Speaker .
The SpeakerThe SpeakerThank you. Thank you, Minister. Hon. Walton Brown: I was not long, just to endorse the Minister and his team for doing the great work to make the appropriate amendments to bring this Bill into real ity. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? I recognise the Honourable Member from constituency 20. Honourable Member Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker . I waited to listen to the Minister who spoke before me because my concern is for the person who may have received their home through generations and there is not, necessarily, any clear history of the property which they are living in. And all they …
Thank you, Mr. Speaker . I waited to listen to the Minister who spoke before me because my concern is for the person who may have received their home through generations and there is not, necessarily, any clear history of the property which they are living in. And all they can really attest to is that their great -great -grandfather built this house. And so the idea of titles and deeds are a real challenge to try to appreciate and hold on to for generations. And, therefore, as the Minister of Health noted, sometimes these deeds and tit les get destroyed, mildew comes into play and they disintegrate, et cetera. So I just want to make sure that people are not going to have to accept arbitrary divisions, subdi-visions of their property, and have to in some way compromise in order to have some form of registration of their titles and deeds. And so, you know, I just hope that we do not lose sight of the individuality of many homes, especially historical homes, belonging to pe ople of many generations that may not have the r esources to have attorneys do all kinds of title searc hes, et cetera. So please keep that in mind as we move forward with the Land Title Registration. My other question that no one has brought up today is around condos. So we have a multitude of condos on this Island and, not so much the physical geography of a survey, but the value of their condos. So, you know, one of the pieces . . . I have done a little bit of research . . . and I do not even want to try to be an expert in the land title registration, but it did seem like a valid point, especially since there are so many condos on this Island. If a person were to purchase a condo pre- construction and they paid, let us 670 24 November 2017 Official Hansard Report
Bermuda House of Assembly say, $100,000 less than the construction price, would that purchase price —that discounted purchase price —be the price attested at the time the actual construction was then registered? Because I understand that a building, such as a condo development, would not be registered until it became a physical building, and whether there would be any discrepancy between the price that someone may have paid at pre-construction and that which they would have paid at the construction price when it is registered, which could have been, of course, three, four, five, six years after the pre- construction purchase? So those were my two concerns and I hope that the Minister is able to address them. Thanks.
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Member wish to speak? I recognise the Honourable Member from constituency 26. Honourable Member Tyrrell, you have the floor.
Mr. Neville S. TyrrellThank you, again, Mr. Speaker, and good afternoon to all. Mr. Speaker , I rise to give full support to this Bill. I think it is well overdue. And I would like to thank the Minister, actually, for bringing it forward so e arly in our term. Certainly, from my …
Thank you, again, Mr. Speaker, and good afternoon to all. Mr. Speaker , I rise to give full support to this Bill. I think it is well overdue. And I would like to thank the Minister, actually, for bringing it forward so e arly in our term. Certainly, from my point of view, I am just a layperson, not a lawyer, but I certainly know from canvassing that there is much concern among some of my constituents about land. And land is a very ticklish subject here in Bermuda. We all know that sometimes people have been taken . . . their land has been taken away from them, so I just like the idea of the Bill that is being brought forward. Let me say that another reason why I like the idea is it simplifies the process, I believe, for p ersons who may want to make some sort of claim on . . . and do not actually have the resources and the resources could be financial, of course, but they do not have the financial resources to actually go through the process. And I think this Bill will assi st in that light. So, finally, Mr. Speaker , I know someone does not like sound bites, but, again, it is a promise made and a promise kept. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . Does any other Member wish to speak? No other Member wishes to speak? Deputy, you almost missed it! I recognise the Deputy Leader. Deputy Leader, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Speaker . I had just come back from a …
Thank you, Honourable Member . Does any other Member wish to speak? No other Member wishes to speak? Deputy, you almost missed it! I recognise the Deputy Leader. Deputy Leader, you have the floor.
Hon. Walter H. Roban: Thank you, Mr. Speaker . I had just come back from a doctor’s appointment, so I apologise for rushing in.
The Spe aker: No problem. Everybody has been brief and I am sure you will follow that same lead, right? Hon. Walter H. Roban: Absolutely.
The SpeakerThe SpeakerThank you. Hon. Walter H. Roban: Absolutely. And yes, and I will say, Mr. Speaker , for the record that this i s a wonderful piece of legislation. But I will say a few other things only because on my way back I was listening to the debate and the …
Thank you. Hon. Walter H. Roban: Absolutely. And yes, and I will say, Mr. Speaker , for the record that this i s a wonderful piece of legislation. But I will say a few other things only because on my way back I was listening to the debate and the comments of some in this particular matter. I commend the Minister for bringing this longsuffering piece of legislation ––which has suffered at the hands of, perhaps, lack of Government will or b ureaucracy ––to this House to finally see it pass. As I stand here I can still remember the event upon which a former Minister of the Environment, Mr. Hodgson (a former Member of this House) and anot her former Member of this House Pauulu Kamar akafego (known as Roosevelt Brown), and others, speak to the vision that was desired by finally bringing a Land Title Registry to Bermuda. And I remember because in my conversations, particularly with Dr. Pauulu, one of the things he was always concerned about was the fact that in the past many . . . . that there may have been injustices carried out. And, as has been stated, many poor people— poor black people, poor white people, poor people who were not male and white and privileged —were denied certain things that they were entitled to because of the ability to manipulate the land. And because of the gross i nequities of the past people were denied, actually, things upon which they were entitled, such as the Glebe lands. He often talked a lot about how he had major questions about how Glebe lands had been handled in the past because that was land, according to his presentation, that had been reserved by the Crown that the state could make availabl e to those who had been enslaved after emancipation and would be available for their use to give them places where they could build homes or certainly create homes for themselves. And that land was entrusted to the Government of the day by the then Imperia l Government to use in that way. And he was concerned that things had gone on that just were not right and were not consistent with those practices. I do not think he ever got a chance to have an investigation done to look at that from a historical standp oint, but clearly he had in his mind that the i njustices around land in Bermuda need to be a ddressed. And part of his idea around the Land Title Registry Act was to get on the path where that could be dealt with because, certainly, those injustices of that nature continued long after the end of slavery and up to very recently. And we know the stories. The Honourable Member who sits in constit uency 17 made an effort to have this House deal with that matter and it was brushed aside. But I remember that there was a vision around this legislation not to in any way disenfranchise anyone who handles the pr oB ermuda House of Assembly cess or is involved with this whole relationship with land that we have, but it was to bring equity. And I challenge any Member of this House, particularly those sitting on the Opposition benches, to challenge that this piece of legislation does not at least step in that direction. I challenge them, and I do not believe they can. Every Member of the Bar who is in this House today who studied in England has to, as their land law course . . . and I have studied law in the UK although I have not gone . . . I never went the full route to practice. There is the Land Title Act of 1925 which deals with the UK having set up a registry. So every person who is trained in law in Bermuda who studied in the UK, Mr. Speaker , actually is familiar —acutely fami liar—with the concept of a Land Title Registry. And yes, the UK started with their process in 1925 and, guess what? It evolved because many of the concepts of land that exist now in the UK did not exist in 1925, but their law continues to be the benchmark of how land is handled and dealt with. And it was revolution-ary at the time when you consider the history of the UK around the ownership of land. So, yes, this legislation is historic for Bermuda because of all the history that we have had. It is brin ging equity to the whole process of land ownership, land title, land distribution and its handling. And act ually it is giving those who have always been traditionally at the bottom of that rung an opportunity to see equity with the practitioners who may not have done the right things in the past, where the state has not done the right thing, and where other interests have not done the right thing around that. It is giving those people, such as those who have been mentioned, those who perhaps because of literacy issues or com-petency or lack of available deeds . . . actually the land title process is designed to accommodate those and give those persons the appropriate protections that they require. And actually it is designed to give those who have the least amount of support extra support in the process so that they can have equity with everyone else through the whole question of possession of land. So, Mr. Speaker, this Land Title R egistry Bill is historic. It is going to transform the whole relation-ship that Bermudians have had with land since 1620. And going forward, it is finally a part of many steps that have been . . . that are trying to be taken to bring equity to our country. Thank you.
The SpeakerThe SpeakerThank you, Deputy Leader. Does any other Member wish to speak? ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR
The SpeakerThe SpeakerBefore I actually recognise the Member to speak , I just want to acknowledge in the Gallery today former Senator and Attorney General, Phil Pe rinchief. It is nice to have you visiting us today. [ Desk thumping] [ Land Title Registration Amendment Act 2017, second reading debate continuing.]
The SpeakerThe SpeakerNow, does any other Member wish to speak? No other Member . . . I recognise the Minister from constituency 29. Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I join all my colleagues in certainly congratulating the …
Now, does any other Member wish to speak? No other Member . . . I recognise the Minister from constituency 29. Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker . Mr. Speaker, I join all my colleagues in certainly congratulating the Minister for bringing this forward. [There are] a couple of points I wanted to touch on. One is the Honourable Member, the former Attorney General, talked about the boundaries and talked about, you know, trees that may [have been used as boundaries] and then fallen down and things like that and talking about a foot here and a foot there, how important it is, or how things can happen. I think one of the things that this will do, Mr. Speaker , certainly, and you will know, you have been in the bus iness a long time and you have been around a long time, is that what this will hopefully do is avoid a lot of arguments, a lot of discontent, a lot of animosity b etween neighbours. And I think it will help most of Mr. and Mrs. Smiths of Bermuda more than others, Mr. Speaker , which I think speaks a lot because, you know, the Mr. and Mrs. Smiths of Bermuda tend to live in a lot closer quarters than some of the other areas of this country. So I think it will be a good thing in a lot of different ways, as has been said. I am certainly not go-ing to repeat what many of my colleagues have said on this side. But Mr. Speaker , one of things I think we should emphasise is the loss of deeds. I had the r ecent experience myself of thinking that I had lost a set of deeds when I had checked one place and it did not have them. I checked another place and it did not have them. I said, Man, what am I going to do now? So we started talking about some of the things that we might have to go through. So, outside of the expense, it is the stress. And can you imagine thinking that you have got a set of deeds all nicely tucked away in the closet or in the safe at home or at a lawyer’s office and you come to find out that you cannot find your deeds? Stressful; very stressful. So I think we had colleagues talk about the cost of what it would take, creating new deeds, and we know that it can be huge. But it is the stress level as well that I think is im-portant. So once we get it done, up and running and everything gets registered, how convenient is that go672 24 November 2017 Official Hansard Report
Bermuda House of Assembly ing to be 20 or 30 years down the road when ever ything is done and dusted? So it will be fantastic. And, of course, I do not have to talk about the history of this country when we talk about land theft — and I say “theft” and I mean theft. There have been many people that have been found that have stolen property in this country and there have been many properties that have been stolen that, you know what? We will never know it has been stolen because there were no such records and people have lost deeds and these things . . . it is just part of our history. It is unfortunate, but what this will do is certainly stop that in the future. One thing that I am looking forward to, and you have heard me talk about it in this House many times, is the adjudication time. And what that will do as well is the process will move that much quicker and what it will do is it will put taxpayers’ dollars into the Government coffers quickly —more quickly —than what has been done in the past. So that is another very important point in that you get the transactions done quicker and you will get money exchanged quicker. So, you know, the taxes that the Government can ex-pect to collect on any transactions with property will come back that much quicker. And the last thing I wanted to mention, Mr. Speaker —
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: —was to see how we are moving with the times. And I can tell you that there are many, many . . . I have had many experiences in the last couple of years with my own son who wants to scan everything. …
Yes.
Hon. Zane J. S. De Silva: —was to see how we are moving with the times. And I can tell you that there are many, many . . . I have had many experiences in the last couple of years with my own son who wants to scan everything. I am a paper man, as you probably know, Mr. Speaker . And I am slowly getting into this . . . into the tablet thing, into the computer thing, into the backing up thing, you know.
The SpeakerThe SpeakerDo you have WhatsApp yet? Hon. Zane J. S. De Silva: Pardon?
The SpeakerThe SpeakerDo you have WhatsApp yet? Hon. Zane J. S. De Silva: No, I do not have WhatsApp yet. See? So you know me. You know me, Mr. Speaker , I am a —
An Hon. Member An Hon. MemberA dinosaur. Hon. Zane J. S. De Silva: I am a dinosaur. [Laughter] Hon. Zane J. S. De Silva: As Minister Burch shout s out from across the floor, “dinosaur,” he is probably correct. Because I do not have WhatsApp yet. I do not do Twitter. I do not do …
A dinosaur. Hon. Zane J. S. De Silva: I am a dinosaur.
[Laughter]
Hon. Zane J. S. De Silva: As Minister Burch shout s out from across the floor, “dinosaur,” he is probably correct. Because I do not have WhatsApp yet. I do not do Twitter. I do not do Instagram. I do not do Snap-chat, and Lord knows what else they are coming out with. But, be that as it may, I know that t his is going to be a great change for our people and I look forward to endorsing it and supporting it once we get through Committee, and I thank the Minister once more.
The SpeakerThe SpeakerThank you, Minister. Does any other . . . I recognise the Premier. Premi er, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Speaker . And, Mr. Speaker , I will be even more brief that the Minister —
The SpeakerThe SpeakerThank you, Premier. Hon. E. David Burt: —who just took his seat —
The SpeakerThe SpeakerEveryone else has been trying to keep to that. Hon. E. David Burt: —as I know that we have a few Orders to get to today or, sorry, maybe only one more. But Mr. Speaker , if you will allow me, and it may have already been quoted in the …
Everyone else has been trying to keep to that.
Hon. E. David Burt: —as I know that we have a few Orders to get to today or, sorry, maybe only one more. But Mr. Speaker , if you will allow me, and it may have already been quoted in the debate (I was listening while I was in m y office), but I just would like to quote from page 17 of the Government’s Throne Speech, if I may. And it says: “Madame President and Members of the Se nate, Mr. Speaker and Members of the House of A ssembly, Bermuda lacks a system to register land title, and many Bermudian families have experienced avoidable disputes when title that was thought to be vested in one person is actually vested in another. Historically, some Ber mudians have also endured lawyers and agents who were able to prey on the vul-nerable and legally unaware. “Although the Land Title Registry Act 2011 was enacted nearly six years ago, interested parties have stymied its implementation for their own motives. While it is not in operation, our current archaic, slow, cumbersome , and i neffici ent system of deeds -based title transfer is still in effect. “This Government will bring the Land Title Registration regime into force in order to minimise the chances of fraud, provide simple proof of ownership, and record the rights and interests in land on one register with all land information held in one place. ” Mr. Speaker , it is very simple. As I said earlier during Question and Answer Period, Mr. Speaker , that if the people of this country want to know what the Government is going to do, they need t o look no further than our platform and no further than the Throne Speech. The promises that we make to the people are the promises that we will keep. And I would like to commend the Minister for keeping yet another Pr ogressive Labour Party promise. Thank you, Mr. Speaker .
Bermuda House of Assembly The Speaker: Thank you, Mr. Premier. Does any other Member wish to speak? Minister, it looks like it is your turn again.
Lt. Hon. Col. David A. BurchLet me just say at the outset, Mr. Speaker , that I am offended personally by the frontal assault by the Shadow Minister on the civil service. It has certainly been my experience —
Lt. Hon. Col. David A. Burch—since being both previously in this job and currently, that the civil service comes with a certain level of competence, parti cularly in this case. It is interesting, though, Mr. Speaker, particularly in the case of the two principal civil servants involved in this case—the Land Title Regi strar and …
—since being both previously in this job and currently, that the civil service comes with a certain level of competence, parti cularly in this case. It is interesting, though, Mr. Speaker, particularly in the case of the two principal civil servants involved in this case—the Land Title Regi strar and the lawyer from the Attorney General’s Chambers —who I found on my entry into the Ministry and looking at this . . . we had robust debates and both cared quit e passionately about bringing this to fruition in a way that would benefit the people of this country. So I would say that the Shadow Minister is completely wrong on that count. Mr. Speaker , the Act will come into effect on the first of April next year, at the start of the new f inancial year. So that answers one question. The second question that was asked was some experience with . . . I answered that. In relation to the question about the rules being lodged at the office of the Land Title Registrar, i t is the rules that will be registered there and not published in the Gazette. And you will know, Mr. Speaker , that I take some delight in not publishing anything in the Gazette. And the fact that the actual register itself will be available online and so people will be able to search. I should also inform Members, Mr. Speaker , that the Land Title Registrar, in fact, has all of the reg-isters from the Supreme Court so that there is doc umentation in her office. She will not be guessing about what it is that was being suggested. The boundaries are indicative because surveyors do not always survey correctly in this country. But at the end of the day, Mr. Speaker , the title deeds will have to be produced to the Registrar to prove an unbroken chain of title for at least 20 years. And I would submit to the Shadow Minister and those on the other side to look at section 16(1) of the Conveyancing Act [1983]. In relation to land title registration purchases, Mr. Speaker , the fees are based on the price paid as indicated in the conveyancing documents and so the Registrar will not make it up. If a voluntary conve yance has occurred, the land will be valued by the Land Valuation Department. Mr. Speaker , there are a couple of other questions that were implied but were not really necessarily asked. One of them was this question of why this has taken so long to come to fruition. The Act is dated 2011. And you will know, Mr. Speaker , that we were in Government at that time and would have brought it forward. This land title r egistration is a very complex matter and land is a very emotive subject in Bermuda as we have seen today in this debate. The length of time taken reflects the fact that stakeholders were engaged at every stage of the project and their opinions garnered. The computerised registration system needed to be procured and tested. And no stone was left unturned in ensuring an efficient modern system of land title registration. Mr. Speaker , some of the main reasons for legislation and the change in the current posi tion: Bermuda is one of the very few developed countries in the world without a system of land title registration. So we are dragging this country into the modern age. The current system of deeds -based conveyancing is slow, expensive, repetitive, cumbersom e, inefficient, and needs to be modernised. The effect of a new Land Title Registration System will include minimising the scope for fraud, providing proof of ownership, rights and interest in land on one register —all land info rmation will be held in one p lace. What have the Land Title Registry staff me mbers been doing while they have been waiting to b ecome operational? Six long years, Mr. Speaker . It is important to note the staff have registered all land b elonging to Government that is deeds -based, so they have not been sitting idle, and so that means that they have been testing the system so that when it goes live for the general public all of the kinks will have been ironed out. Over the last few years the staff has also provided assistance to the Tax C ommissioner’s Office helping to clear part of the backlog of primary family homestead applications. The Land Valuation Depar tment’s statutory mandate also includes the revaluation of all properties in Bermuda, and last year two Land Title Registration Offi cers assisted that Depar tment to achieve their mandate. Why will it take 50 years [sic] to register an application once it has been submitted? The applic a674 24 November 2017 Official Hansard Report B ermuda House of Assembly tion process will not necessarily take 50 days —did I say “years”?
The SpeakerThe SpeakerYou did say years. I was wondering . . . yes.
The SpeakerThe SpeakerThank you, Minister. You saw me look a little puzzled that time, hey?
Lt. Hon. Col. David A. BurchMany of us will not be here in 50 years. However, after consultation with the Bar A ssociation, it was agreed that there should be a 50- day period before registration can formally be completed. Thus, if any issues arise after completion of a sale, the attorney acting will have …
Many of us will not be here in 50 years. However, after consultation with the Bar A ssociation, it was agreed that there should be a 50- day period before registration can formally be completed. Thus, if any issues arise after completion of a sale, the attorney acting will have plenty of time to sort them out without being in breach of the requirement to register his or her client’s property. In some situations where the application, or documents relating to it, which have been submitted to the Land Title Registr ation Office are defective, it may take longer than 50 days for the registration process to be completed. This would depend on the speed with which the parties communicate with each other, the evidence supplied in case of missing information, and the then current workload of the office. Mr. Speaker, how will the Land Title Registr ation Office help combat fraud? As land title registration will guarantee title to land, only the owner or owners, as recorded on the register, will be able to sell or ot herwise deal with the land. This means that documents of title cannot be fraudulently copied or created. This will minimise the scope for fraud. The office will not register any transaction without proof of capacity of the purported seller or buyer. How wil l land title registration help to bring derelict land back into use? Mr. Speaker, very often derelict property has been the subject of a family di spute as to who has the right to sell and what propor-tion the various family members are entitled to from the proceeds of the sale. This puts off potential bu yers. Once registered, the owners of land and their en-titlements will be easily identified on the register and guaranteed. Therefore, anyone interested in buying a derelict property can enter into negotiations with clar ity and certainty. Also, if the deeds to a property have been lost or destroyed, the Land Title Registration Office staff will do their best in conjunction with the attorney acting to reconstruct the title of the property so that it can be brought onto the Land Title Registr ation System. In all cases, the title granted to the pro perty will be provisional and will as such until such time has passed when it can be declared absolute. How will the law of adverse possession help prevent land being stolen? Once registered at the Land Title Registration Office the owner’s title is guar-anteed. Anyone can find out who owns the land by inquiring with the Land Title Registration Office, ther efore, another person cannot claim that it is their land and not the land of the registered owner. A registered title is guaranteed to be valid and correct. A registered title cannot be fraudulently altered. A registered title cannot be copied. A registered title cannot be lost, misplaced, or destroyed by fire or flood. A registered title cannot bear forged signatures. A registered title is the most secure way of holding title to land. So, in a word, Mr. Speaker —
Lt. Hon. Col. David A. Burch—this legislation pr ovides for safety and security for those who own land in this country and will provide for the average person to be able to be guaranteed that, having been given title to land, it cannot be taken away from them by ill - gotten means. With those …
—this legislation pr ovides for safety and security for those who own land in this country and will provide for the average person to be able to be guaranteed that, having been given title to land, it cannot be taken away from them by ill - gotten means. With those comments, Mr. Speaker , I move that the Bill be commit ted.
The SpeakerThe SpeakerThank you, Minister. Mr. Deputy Speaker, would you like to come forward? House in Committee at 3:41 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL LAND TITLE REGISTRATION AMENDMENT ACT 2017
The ChairmanChairmanMembers, we are now in Committee of the whole House for further consideration of the Bill entitled Land Title Registration Amendment Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor.
Lt. Hon. Col. David A. BurchThank you, Mr. Chai rman. I would like to move clauses 1 through 4. Clause 1 is self -explanatory. Clause 2 amends section 3 by adding certain definitions, particularly “judgment register” (see also clauses 5 and 19), and amending others, particularly “threshold term,” which is the threshold or unexpired period …
Thank you, Mr. Chai rman. I would like to move clauses 1 through 4. Clause 1 is self -explanatory. Clause 2 amends section 3 by adding certain definitions, particularly “judgment register” (see also clauses 5 and 19), and amending others, particularly “threshold term,” which is the threshold or unexpired period of a lease below which the lease does not qualify for registration. The threshold term has changed from a period of five years or such lesser period of not less than three years, as rules may provide, to a per iod of 21 years, or such a lesser period as rules may provide.
Berm uda House of Assembly Clause 3 inserts section 3A which requires an application for registration of an estate to be lodged on behalf of the applicant by an attorney. Clause 4 amends section 18(1) to add a reference to another register, the judgment register. (See also clauses 5 and 19.) Thank you, Mr. Chairman.
The ChairmanChairmanAny further speakers? There appear to be none. Minister, carry on.
Lt.
Hon. Col. David A. BurchMr. Chairman, I would like to move clauses 5 through 8. Clause 5 inserts section 20A which provides for the registrar to keep a judgment register in which judgments that affect land are to be registered. (See also clause 19.) Clause 6 amends section 24(1) by dividing certain paragraphs into …
Mr. Chairman, I would like to move clauses 5 through 8. Clause 5 inserts section 20A which provides for the registrar to keep a judgment register in which judgments that affect land are to be registered. (See also clause 19.) Clause 6 amends section 24(1) by dividing certain paragraphs into subparagraphs, and certain subparagraphs into clauses, so that each such su bparagr aph or clause is capable of being a “trigger” for compulsory registration. In this regard, see clause 18(c) which amends paragraph 2(d)(ii) of Schedule 3 to the principal Act. Clause 7 inserts section 25A which provides that, if an application for registration that is required to be made is not made within the period for registration (two months or such longer period as the registrar may for good reason allow), the person required to make the application shall pay, in addition to the fee prescribed for such application, a late penalty fee of $200 for every day or part thereof during which the application remains unmade. Clause 8 repeals sections 26 and 27. Currently, section 26 provides that, if an application for regis-tration that is required to be made is not made within the period for registration (two months or such longer period as the registrar may for good reason allow), the transfer, grant, or creation of the estate becomes void upon the expiration of that period; and section 27 pr ovides who is liable to make good such void transfers, et cetera. Thank you, Mr. Chairman.
The ChairmanChairmanAny speakers on clauses 5 through 8? The Chair recognises the Honourable Grant Gibbons. Hon . Dr. E. Grant Gibbons: Thank you, Mr. Chai rman. Mr. Chairman, you will not have any further comments from this side, the Honourable Member who spoke for it, who introduced it on this side, …
The ChairmanChairmanThank you. Do you want to move all the other claus es?
Lt. Hon. Col. David A. BurchYes, I do. Mr. Chairman, on that basis, then I will move clauses 9 through 21. Clause 9 amends the heading of section 30 (effect of registration —leasehold estates) by inserting “first” before “registration” as section 30 deals with the effect of first registration of a leasehold estate. Clause 10 …
Yes, I do. Mr. Chairman, on that basis, then I will move clauses 9 through 21. Clause 9 amends the heading of section 30 (effect of registration —leasehold estates) by inserting “first” before “registration” as section 30 deals with the effect of first registration of a leasehold estate. Clause 10 inserts section 32A which provides that the registrar must give notice of an application for first registration by publishing notice thereof in the O fficial Gazette and inviting anyone who has an interest in the estate and wishes to object to the application to do so within 30 days after such publication. Clause 11 amends section 84 (inspection of registers, et cetera) to include a reference to the judgment register. Clause 12, similarly, amends section 85 (off icial copies of registers, et cetera) to include a refer-ence to the judgment register. Clause 13 amends section 92 to make it clear that objections are to be made in accordance with rules made in that regard, and to correct a cross - reference. Clause 14 amends section 96 (appeals) to clarify that a person may, in accordance with rules of court (currently Order 55 of the Rules of the Supreme Court 1985), appeal to the Supreme Court against a decision by an adjudicator. Clause 15 replaces subsection (3) of section 99 (compulsory registration of grants out of demesne land) to refer to section 25A (see clause 7) rather than section 26 (see clause 8). Clause 16 amends section 117 (reduction in threshold term) as the “threshold term” for the regi stration of a leasehold estate is increased from five years to twenty -one years. (See clause 2(b).) Clause 17 inserts a new subsection (1A) into section 123 so that rules made under the principal Act do not have to be published in the Gazette . The rules are to be published by deposit for public inspection at the Land Title Registry Office and shall come into effect by notice published in the Official Gazette . Clause 18 amends Schedule 3 (first registr ation—ancillary matters). Clause 18(a) provides for the phased introduction of voluntary registration to be triggered (by category) by notice published in the Off icial Gazette . The notice is subject to parliamentary scrutiny by the negative resolution procedure. Similarly, clause 18(b) and (c) provides for the phased intr oduction of compulsory registration to be triggered (by category) by notice published in the Official Gazette . The notice is also subject to parliamentary scrutiny by the negative resolution procedure. Clause 18(d) cor-rects an incorrect reference to sect ion 94—the correct reference is to section 95. Clause 18(e) amends par-agraph 15 (certificates of legal effect) of the Schedule to provide that where application is made for the first registration of an estate the attorney must provide the registrar with a certificate of legal effect. 676 24 November 2017 Official Hansard Report B ermuda House of Assembly Clause 19 inserts Schedule 10 (registration of judgments). This provides that no judgment shall affect land unless and until the judgment is registered in the manner set out in paragraph 1(1) of the Schedule. Clause 20 makes related amendments to ot her legislation. Clause 21 provides for commencement by notice by the Minister published in the Gazette . Thank you, Mr. Chairman.
The ChairmanChairmanMinister, do you want to move all the clauses?
The ChairmanChairmanAny objections to the Schedule and the Preamble being approved? There appear to be none. They are approved. [ Motion carried: The Schedule and Preamble passed.]
Lt. Hon. Col. David A. BurchMr. Chairman, I move that the Bill be reported to the House as printed. [ Motion carried: The Land Title Registration Amendment Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 3:50 pm [ Hon. Dennis P. Lister, Jr., Speaker, in …
Mr. Chairman, I move that the Bill be reported to the House as printed. [ Motion carried: The Land Title Registration Amendment Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 3:50 pm [ Hon. Dennis P. Lister, Jr., Speaker, in the Chair] REPORT OF COMMITTEE LAND TITLE REGISTRATION AMENDMENT ACT 2017
The SpeakerThe SpeakerMembers, is there any objection to the reporting to the House of the Land Title Registration Amendment Act 2017? No objections? It has been reported. Members, that brings that item to a conclusion. [Orders Nos]. 4, 5, and 6 I understand are being carried. And we are now on [Order] …
Members, is there any objection to the reporting to the House of the Land Title Registration Amendment Act 2017? No objections? It has been reported. Members, that brings that item to a conclusion. [Orders Nos]. 4, 5, and 6 I understand are being carried. And we are now on [Order] No. 7 which is a Motion in the name of the Honourable Member , Mr. Weeks, the Government Whip. Mr. Weeks, would you like to start your Motion? [ Inaudible interjection]
The SpeakerThe SpeakerThank you. You have the floor. MOTION STANDING ORDERS AND PRIVILEGES COMMIT TEE REPORT 3 NOVEMBER 2017 MOTION TO APPROVE
Mr. Michael A. WeeksMr. Speaker , I move that the House do now take under consideration the following Motion, notice of which was given on the 3 November 2017: “That this Honourable House approve the R eport of the Standing Orders and Privileges Committee, dated 3 rd November 2017.”
Mr. Michael A. WeeksMr. Speaker, I am pleased to provide background and supporting information with respect to the motion that is before this Honourable House. On page 16 of the Throne Speech the Government promised that we will “establish three Parli amentary Oversight Committees” and “introduce Prem-ier’s Question Time.” As we can see …
Mr. Speaker, I am pleased to provide background and supporting information with respect to the motion that is before this Honourable House. On page 16 of the Throne Speech the Government promised that we will “establish three Parli amentary Oversight Committees” and “introduce Prem-ier’s Question Time.” As we can see by this motion, Mr. Speaker , another promise made, another promise kept. Mr. Speaker, I am pleased to provide bac kground and supporting information with respect to the motion that is before this Honourable House. For those listening on the radio, the Standing Order Committee is responsible for reviewing and amending the House rules, if necessary. The Members of this Committee, during this latest review, were: the House Speaker, the Honour able D. P. Lister; the Premier, Honourable E. D. Burt; Mrs. P. J. Gordon- Pamplin; the Deputy Speaker, the Honourable D. V. Burgess; Opposition Whip, Ms. S. E. Jackson; the Clerk to the Legislature, Mrs. Sher-nette Wolffe; and yours truly, the Government Whip. Mr. Speaker, the Standing Orders are governed by section 45 of the Bermuda Constitution. Honourable Member s will know that by its report of 31 October 2013, a Spending and Government Efficiency Commission recommended that there be formed three joint select committees of the Houses of the Legisl ature, giving each join select committee responsibility
B ermuda House of Assembly for two or three ministries. The report envisioned that each joint select committee would monitor specific ministry’s activities on an ongoing basis, calling Mini sters and civil servants before them to answer for the activities of the ministries. Mr. Speaker, the Government of Bermuda is committed to improving governance, reducing waste, and increasing efficiency and have undertaken to the people of Bermuda to implement measures to do so. This Government supports the establishment of these committees, of which ther e may be no less than three and no more than five, and looks forward to their im-plementation. Mr. Speaker, it is expected that these committees be appointed to exercise oversight of the activ ities of ministries within the Government of Bermuda with the responsibility of reporting to this Honourable House from time to time on its findings and recom-mendations to improve governance, reduce waste, and increase efficiency. In discharging its functions the Legislature helps to bring the relevant facts and issues before the electorate. Through the committees Honourable Member s will be provided an opportunity to participate more fully in the operations of government on behalf of the people. This will increase public confidence in the parliamentary process. Committee members will work together to identify deficiencies and make rec-ommendations that effect government reform. Further, Honourable Member s will acquire more in -depth knowledge of the ministries and, as a consequence, will be capable of providing more meaningful contribu-tions to debate surrounding their activities. Mr. Speaker, globally, many legislatures are working to modernise their structures and engage all members more intimately. The committees are i ntended to be bipartisan committees, and it is my firm belief that this approach to governing recognises and respects the value of both sides of this Honourable House. The 63 rd Commonwealth Parliamentary Conference in Bangladesh was held under the theme “Continuing to Enhance High Standards of Perfor-mance for Parliamentarians” and this measure is in accord with this agenda. Mr. Speaker, in furtherance of the high stan dards that we seek to achieve here at home, the Premier’s Question Period will provide an avenue to probe even further into the general performance of Gover nment ministries and agencies. Transparency and good governance form the cornerstones of this Gover nment’s activities. During the second Friday of each month that the House is in session there shall be a Premier’s Question Period at the time des ignated in the Order of Business. And the Premier’s Question Time shall not exceed 30 minutes. Mr. Speaker, other matters in the Report cause Honourable Members to be more accountable to this House. The details of all travel and official par-liamentary busi ness must be shared with this Honourable House within 21 days of the return to the Berm uda if the House is in session, or as soon as is pract icable. This represents a higher standard of account ability to each other. This Government supports increased accountability, good governance, and modernisation of the Legislature. I, therefore, invite Members to approve the Standing Order amendments as presented by the Standing Orders and Privileges Committee. Thank you, Mr. Speaker , this concludes my presentation. Th e Speaker: Thank you, Honourable Member . Does any other Member wish to speak? I recognise the Honourable Member from constituency 23. Honourable Member Mrs. GordonPamplin, you have the floor.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Speaker . Mr. Speaker, based on the introduction by the Honourable Member who just took his seat, he will have advised that I actually sat for a very brief m oment as a part of this Committee. What did come to the fore at the time was …
Thank you, Mr. Speaker . Mr. Speaker, based on the introduction by the Honourable Member who just took his seat, he will have advised that I actually sat for a very brief m oment as a part of this Committee. What did come to the fore at the time was that many of the recommen-dations that have come with respect to the amendments to the Standing Orders have actually had their genesis in a period prior to my taking over that par-ticular position. And hence, I found myself almost between a rock and a hard place in which there were recommendations that were made by a prior Standing Orders Committee of the House, with which I was not necessarily comfortable. And you will know, Mr. Speaker , that we had concerns . . . that I expressed concerns and we had discussions relating to those areas that felt a little bit out of whack. Now, I do not like to try to stymie forward pr ogression. And I think it is important to state for the avoidance of all doubt, that when it comes to im-provement and enhancing what we do in this Honourable House and how we are able to conduct the pe ople’s business, obviously, this has to be our priority and we have to be able to embrace things that will allow us to show that we are doing well on behalf of the people who have elected us to sit in this honour able place. The question that I had and with which I was particularly concerned, you know, some of the amendments are basically mom and apple pie, let me just make mention of that. Things like when you come back to Bermuda after a trip, you come up with a r eport and you come with an expense report and whatever else you report on the activity —that is mom and apple pie—that is expected. That is what Ministers do and that is to be expected. Things such as the Parliamentary Oversight Committees . . . one of my colleagues is act ually g oing to speak with respect to the Parliamentary Over678 24 November 2017 Official Hansard Report
Bermuda House of Assembly sight Committees and the composition thereof. Ho wever, I make mention of the fact that, from a general perspective, we want to enhance governance. But the area with which I had particular co ncern was that of Premier’s Questions. And the reason for that, and as we mentioned it in the meeting, and I can now for the edification of the Honourable House as well as members of the listening public, say that the idea of implementing a Premier’s Question Ti me is similar to that Prime Minister’s Question Time that exists in the House of Commons in the United King-dom. And it is quite conceivable and understandable that the Commonwealth Parliamentary Associ ation, as they are looking to effectively harmonise how parliaments act who come under their umbrella and their oversight, would do things that are similar. One of the things that I found to be interesting with respect to this was that the Premier has the ability —and these are for matters of public importance, as the indication is—the Premier has the opportunity to give a Minist erial Statement. We have an existing parliamentary Question [Period] and the structure thereof and, ther efore, the Ministerial Statement that can be given by the Premier will, in fact, h ave the ability to be questioned during the normal course of Question [Period]. What is being proposed here in terms of the Premier’s Question [Period] is that these would be questions that will come out of wherever, primarily led and driven by the Leader of the Opposition. However, the Premier will be capable of being questioned by any Member of the backbench and of the Opposition with the idea that it is the intent of the parliamentary structure that the Executive, i.e., the Cabinet, are held to account f or the work that they do by both the bac kbench and the Opposition. So we understand the i ntent of what it is that we are attempting to get at. Initially I thought this makes no sense because we will find ourselves, as what seems to happen now, is that Mini sters will do Statements, the Statements are presented to their membership, their membership formulate questions, and when the Mini sterial Statements come to Parliament, the backbench who, you know, have prepared questions and effectively can serve to monopolise the Question Period, thereby, not necessarily allowing the Opposition an effective Parliamentary Question [Period]. And it was my initial concern that the Premier’s Question Time would take a similar kind of path. The one thing that I did not want w as for the Question Period to develop into what now seems to obtain, in some areas, as be-ing a charade of the Parliament. And I think that we need to guard against that. Having had the opportunity to discuss this with some of my colleagues, it is quite pos sible that there could be value to the Premier’s Question Period and, obviously, it is something that needs to be deve loped as we go forward. But I think that it is important that we have the capacity . . . because it is not neces-sarily that every day that is designated for Premier’s Question [Period] would be utilised in that regard. So, it is almost like, we do not want to be here to say that we have got to make up stuff to say or we have got to make up stuff to ask when there really is nothing of substance to be discussed. So bearing, with that in mind, I think the bi ggest challenge that I had, that I saw, was that the methodology by which these Standing Orders, these Amendments, have come into being was that we would discuss this as a Committee and then bring the report to the House and allow the House to be able to have their necessary input. And it was my concern that if there were any major objections to anything that was here that, perhaps, we ought to have had the opportunity to have in- caucus discus sions first and then any recommendations would have been brought to the report to have it as enhanced as it possibly could be, then gone back to the Standing Orders Committee for ratification of any concerns and then brought to the House, so that by the ti me this report comes to the House it could be embraced by both sides. That was the only concern that I had. So, obviously, we have taken the route that we have taken. Members will have had the opportun ity to look at the Standing Orders only in the context of its having been tabled when the report was tabled. And we are now in a situation in which we have the ability to either accept or reject the report of the Committee. Well, you kind of know, Mr. Speaker , that it does not take a mathematical genius to rea lise that if the Government wishes to progress something with a majority in the House, as does any Government with a majority in the House, they can do what they wish to do.
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker.
The SpeakerThe SpeakerOkay. Will y ou yield, Member?
Mrs. Patricia J. Gordon -PamplinYes, absolutely.
The SpeakerThe SpeakerMinister? POINT OF ORDER Hon. Zane J. S. De Silva: Mr. Speaker , the Honour able Member repeated it again, she said it five minutes ago and I said, Well, I’m going to let it go. But you know, when she says that we can dominate Question Period, that is …
Minister?
POINT OF ORDER
Hon. Zane J. S. De Silva: Mr. Speaker , the Honour able Member repeated it again, she said it five minutes ago and I said, Well, I’m going to let it go. But you know, when she says that we can dominate Question Period, that is not true. You choose who the people are that ask questions, Mr. Speaker . So we do not have a choice who . . . who, you know, we cannot dominate Question Period. That is under your control, Mr. Speaker .
Mrs. Patricia J. Gordon -PamplinMr. Speaker — Bermuda House of Assembly The Speaker: A little correction on that. The Speaker does not necessarily choose who speaks. People i ndicate who they want to ask questions.
Mrs. Patricia J. Gordon -PamplinThank y ou.
The SpeakerThe SpeakerI just acknowledge who speaks at that time. But they do put their name forward on either side of the House if they want to ask a question. Continue, Member.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Speaker . Mr. Speaker , in refer ence to the Honourable Member ’s comment that he just made, that was so far ago in my presentation I could not figure out what he was talking about when he stood on his feet. But maybe he was just …
Mrs. Patricia J. Gordon -PamplinSo let me just say that it was my hope that we would have the opportun ity to have the discussions and then bring a finalised product here for the ratification of the Honourable House. With that said, I think that, as I said, my colleagues will actually speak on …
So let me just say that it was my hope that we would have the opportun ity to have the discussions and then bring a finalised product here for the ratification of the Honourable House. With that said, I think that, as I said, my colleagues will actually speak on the issues of the const itution of the parliamentary committees. But what I do think, having looked at Appendix B, that the guidelines for the Premier’s Question, that “A question to the Premier shall be asked without argument or opinion and shall not address more than one matter of general government policy ” and that “Members wishing to ask questions should inform the Speaker before the sitting begins ”—well, that second part is kind of a given b ecause that is the way it is done, we give the courtesy to the Speaker to say that there is a question that we would like to have responded to and you accept that, put it on the list and acknowledge whoever’s turn it is to ask the question. But in terms of question one, which says that the question shall not address more than one matter of general government policy, I think it i s just i mportant to mention that the idea is that there would be three questions, or questions that will take . . . I think there are a maximum of three questions and that those questions, the period of questioning, will not take more than 30 minutes. But it is . . . I must stress and reiterate that if there is a matter of general gov-ernment policy, or urgent public importance, that those matters will be made subject to a Ministerial Statement. And I just want to make sure that we are not going to be substi tuting one for the other, in that the Premier’s Question [Period] is not going to be left . . . because the questions for the Premier will be init iated elsewhere. It is not something that is coming out of the Cabinet, coming from around the Cabinet table, having been discussed an area—
[Inaudible interjection]
Mrs. Patricia J. Gordon -PamplinWell, that is the intent. So that Premier’s Ministerial Statement would be having . . . presumably, for the majority of time, having been discussed by his Cabinet, w hereas the Premier’s questions will kind of come out of left field, as it were, not necessarily with the Premier’s prior …
Well, that is the intent. So that Premier’s Ministerial Statement would be having . . . presumably, for the majority of time, having been discussed by his Cabinet, w hereas the Premier’s questions will kind of come out of left field, as it were, not necessarily with the Premier’s prior knowledge. The idea, perhaps, may have been laudable; the practical application is how we actually have to see how it develops, and I think that we are willing to have a look and see how that plays itself out once these are implemented. We, obviously, recognise that whether we agree or not, the Standing Orders and Privileges Committee will have their report adopted by the House. And, therefore, I think it is important for us to make sure that the actual application, once we get the process started, that it conforms with generally accepted principles of good parliamentary oversight, as I understand that to be the intent. But, as I said, m y one lament is that we did not have the opportunity to di scuss this in detail with our respective caucuses, based on the respect for the rules under which we were operating and by which we were engaged during the Committee stage. So those are my comments. Thank you, Mr. Speaker .
680 24 November 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Minister from co nstituency 3. Honourable Minister Foggo, you have the floor.
Hon. Lovitta F. Foggo: Thank you, Mr. Speaker . Mr. S peaker , before I actually say what I wish to say, let me just first of all thank the Standing Orders Committee for having the foresight to introduce to our Chambers the ability to have three new committees that will engage Members in a more meaningful way in debate, provide the opportunity to have Members and, I guess one Member in particular, if you will, further query and question what is going on in Gover nment proper through the questions to the Premier. Mr. Speaker , it is a good move. The integrity of Parliament is a very important concept. And I think that in these modern times, not just in Bermuda but over various jurisdictions, we have seen play ed out in the public domain many who question the integrity of parliamentarians in their role and, indeed, therefore, the integrity of Parliament. It has been debated long and wide in terms of the public view seeing those of us who put ourselves forward to represent our consti tuents as not, perhaps, operating in a manner that one would expect. In other words, they feel that many of us parliamentarians sit here and do very little, or when we engage in debate we do not engage at a level that actually does justice. It becomes more just common conversation, if you will, as opposed to delving down into the legislati on from an informed point of view. So, Mr. Speaker , with the introduction of three committees that will look into . . . that will . . . which are going to be bipartisan and that will allow Members to have first -hand knowledge of the workings going on within those ministries so that when we come up here, Mr. Speaker , and speak on legislation and the like, we can provide . . . especially backbenchers will be able to provide more informed debate because they will be in a position where with the oversight of v arious mini stries and the inner operations of those ministries, they will be in a position to speak from a more informed point of view. And I would think that that is how we would want all Members to be able to operate in their capacity as parliamentarians . So affording that type of opportunity for Members enhances the integrity of Parliament because, I will say it again, now you have Members who can speak with more knowledge and in more depth and who understand the workings within the ministries and, perh aps, how that impacts with the legislation that we have to debate on when we come to the floor of this House. So, Mr. Speaker , our Government ran on accountability, transparency, and the like. And I want to say that with the introduction of these committees, in particular, this will certainly enhance accountability, transparency, good governance and the like because of the fact that the players here in this Honourable House of Assembly will all be able to speak with an increased level of adeptness. And cer tainly I would think that in so doing, Mr. Speaker , it should have the effect of enhancing public confidence in the work that we do up here in the House of Assembly. And hop efully erode the notion by many that we just come up here and play, if you will (my words ), Mr. Speaker . But certainly I am echoing the sentiments of many that I have seen, not just only here in this juri sdiction, but when you read articles. And Mr. Speaker , you will know from the greater Commonwealth Parliamentary Association . . . you see article after article being written in the magazines that they share with all the Commonwealth partners that are constantly speaking to enhancing the integrity of parliament , creating further oversight, engaging in measures that use our Members more i ntimately with the works of both parliament and government at large. Certainly , Mr. Speaker , many people do not recognise how those two marry. Sometimes you have Members who do not even recognise that . But by introducing these committees I think it will b e able to play out in a way that allows Members to be more i nvolved, but confirms for the public —or affirms for some —that we are up here working on behalf of them to ensure that the Government of the day is working in a responsive way to the mandate that t he people have put in place. And, Mr. Speaker , when we look at our Benchmarks —and we do have them —we have seen highlighted in the Benchmarks for our region and for other regions that committee work should be the cornerstone of how we go about doing our business b ecause, again, it has the effect of ensuring that Members are intimately involved in the workings of Parliament and with how it relates to the Government proper. So, Mr. Speaker —
The SpeakerThe SpeakerYes? Hon. Lovitta F. Foggo: —I am very happy and exci ted that tools and mechanisms have been put in place to encourage more accountability on the part of the Members themselves. Because this will translate into Members having to do work —real work —in terms of looking at what …
Yes?
Hon. Lovitta F. Foggo: —I am very happy and exci ted that tools and mechanisms have been put in place to encourage more accountability on the part of the Members themselves. Because this will translate into Members having to do work —real work —in terms of looking at what is happening within the government and using that information to bring back to this Ho nourable House, on the floor of the House, to inform Members and to make recommendations in terms of the way in which legislation should be crafted, the manner in which we conduct ourselves, so that at the end of the day we have legislation that is, if you will, completely aligned and congruent with policies that govern how we do our business, Mr. Speaker . So this is just, in my opinion, one step of ot hers that we still need to do because Parliament, being
Bermuda House of Assembly the centre of democracy, should operate in a manner that is exemplary in terms of how democracy should play out in our land. And this measure is enhancing the democratic process by involving more people in what is happening up here. It should not be seen anymore that it is only the front bench, Mr. Speaker —the Cabinet, the E xecutive—who really . . . because [only the front bench] is what people in the public domain tend to think are really doing anything. Having committees such as these is involving people across the board. Members who make up the Opposition can have meaningful and real input in terms of what is being done on an ongoing basis. It does not have to necessarily be in response to a special report. As you know, Mr. Speaker , many opine that in with the Public Accounts Committee things are done after the fact and it cannot really change mid- stream certain things that take place. And so by having committees such as these that work on an ongoing basis looking into what is happening within ministri es, real up-to-date current information can constantly be fed to the Executive, to the Government proper , in terms of direction that perhaps we may wish to take. Now, Mr. Speaker , as I said, when you read all of the best practices and in our Benchmarks we are constantly being advised that we should be using committees to get work done, or more work done, if you will, to involve Members in a more practical, hopefully meaningful and, even if you will, inclusive way. This should certainly operate as a bridge in terms of bringing , in this bipartisan approach, the Members from the opposite side to get up and speak to anything and measures implemented accordingly through the works of such committees . They will know that this has their input ; that they are up here representing the interests of their constituents, just like those who sit on the Government side, in a far more meaningful way. And certainly from that perspective, Mr. Speaker , I would think that those of us on both sides of the House are over the moon in terms of being afforded this opportunity because I, as a backbencher, both on the Government and Opposition side, I do know that in my experience there were times that I did not necessarily appreciate fully what would have i nformed certain measures that , for instance, the Go vernment was taking. But by having people doing the work at the committee level, it certainly can negate some of the angst in Members with respect to that, Mr. Speaker . With the Question Period for the Premier, again, it allows parti cularly Members of the Opposition who have not had opportunity to ask those one or two questions that would better explain what is going on within the office of the Premier in terms of the work that is being done there. It is providing that opportunity. An d having gone on parliamentary workshops as the Whip to other jurisdictions and observing Question Period, for instance, of the Prime Minister of Canada, and seeing how that plays out, I saw Member after Member get up with completely different questions. And they were allowed to float their question to the Premier, who was either answering on current pol icies, who was speaking to initiatives that they were about to embark upon. So this Question Period will afford Members like opportunity, and I would think that we would all be of the same opinion in terms of saying that this is another measure that speaks to transparency, account-ability . . . and yes, Mr. Speaker , the more transparent, the greater accountability put in place. That all feeds into good governance. So it enhances good governance, Mr. Speaker .
[Hon. Derrick V. Burgess, Sr., Deputy Speaker, in the Chair]
Hon. Lovitta F. Foggo: And in doing that, Mr. Deputy Speaker , in engaging our Members this way, it will, I have no doubt, signal for the publi c at large that we all—not just Government Members , that we all —are up here to ensure that we get the people’s business done in a transparent way, in a way that allows for them to openly question and see what we are doing, and in a way that, as is in many other jurisdictions, speaks to the fact that we are about ensuring that best practices and good governance permeate every action that we embark upon and says, without a doubt, very loudly and boldly , that you can count on us to operate above board, that yo u can count on us to o perate with the highest level of integrity, and you can count on us to do the work that you sent us up here to do. And, Mr. Deputy Speaker , I long for the day when we can introduce further measures in our parliamentary procedures that clearly demonstrate to the public at large, for instance, that . . . and I can say that the Honourable Member who sits for constituency [34], the Honourable Kim Wilson . . . we had, in a pr evious session, much work that was done in terms of women’s issues . Hopefully , measures that can be put in place that clearly demonstrate to the public and everyone that even from that perspective we are en-suring that people understand that when we are up here we operate with no bias, whether . . . not in a sexist way —because you know everybody still thinks that the job of a parliamentarian is preserved for men. Those of us who are women and who sit up here know that that is not true. And hopefully, we are all shining examples to the public at large that it is not true. But I hope that this is just one step of many, Mr. Deputy Speaker , which this Honourable House will implement to enhance the democratic process, both within the parliamentary procedures and demon-stratively for the public at large. 682 24 November 2017 Official Hansard Report
Bermuda House of Assembly And on that note, Mr. D eputy Speaker , I will take my seat.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Mini ster Foggo. Any further speakers? The Chair recognises the Honourable Member Susan Jackson.
Ms. Susan E. JacksonThank you , Mr. Deputy Speaker . So, I am going to just breeze through. I sat on this Committee for a couple of meetings as Whip and Opposition Whip. And so I just wanted to sort of clarify a couple of points within these amendments to the Standing Orders. …
Thank you , Mr. Deputy Speaker . So, I am going to just breeze through. I sat on this Committee for a couple of meetings as Whip and Opposition Whip. And so I just wanted to sort of clarify a couple of points within these amendments to the Standing Orders. So beginning with the amendment regarding reports from any Members or delegations who travel overseas on behalf of the people of Bermuda to come back and report to the House what accomplishments and achievements and bits of experiences that they have had, I welcome this. Certainly, I have had an opportunity to do a bit of travel myself and have wanted to report. And the idea that this is now mandatory certainly will add a level of consistency and depth to the intention of any travel that parliamentarians may take over the course of the coming months and years. But one of the pieces that I just want to add for clarification is that . . . and I learned this through one of the Commonwealth Parliamentary Association courses that I took, is that oftentimes there is the risk that travel by parliamentarians can be mis understood and misconstrued and taken as forms of incentive. And certainly that is not the kind of behaviour or intention that any parliamentarian in this House should embrace, or accept any forms of travel to, in partic ular, have an opportunity to experience different conferences and workshops and seminars and such. Clearly, being members of the Commonwealth we have opportunities to travel to countries that are quite exotic and, certainly, are not necessarily trips that Members would take on their normal course of vacation and other forms of travel. And so this is a huge opportunity to adventure to new lands. And certainly we would want any parliamentarian that embarks on any of this kind of travel to make sure that they are bringing home some learning and that they are actually attending to the conferences and sem inars that are on offer and not taking advantage of the situation to explore the countryside and use this for leisure and pleasure. Moving on to the Premier’s Questions, my concern, my focus for a Premier Question [Period] is that this is an opportunity for us to reserve matters of national importance, topics of conversation where there is a level of urgency within the community to ask direct questions to the Premier and that he may be able to pro vide us with additional information. This is not, in my opinion, meant to take on the role of Stat e-ments by Ministers, that the Premier will continue to provide statements in his capacity as he did today, where he was just giving us an overview of travel t hat he has coming up and what his intentions are. But this is if something very important happened in the country and we were not able to, or the Premier had chosen not to, put this in the form of a report or a statement to the House, that Members could as k the question. Now, I have done quite a bit of work in my life around public relations. So I understand that there is a risk there that the Premier could also use this oppor-tunity to generate goodwill amongst the constituents by having his Members, in particular, get up and ask questions that will shed a bright shining light on the good works of the Premier. And it is not my intention to think that this Premier, or any Premier, would want to intentionally do this, but it does arise. And I would see that or I personally would interpret that as just possibly stretching the rules and maybe a busing this Premier’s Question Period to a certain extent. And I really would not want . . . I think that would be a bit of a waste of the constituent’s time, a waste of parli amentarians’ time. So I am hoping that we are all able to keep this to matters of urgency and that this does not become, necessarily, a regular exercise that we always h ave to have Premier’s Question Period. Thirdly, the Parliamentary Oversight Commi ttees, now, I did not have an opportunity in Committee to really digest some of the minute detail of this, but I am noticing that within [Standing Order] 34(6)(a) they are talking about . . . or it is written here that there will be as many as seven Members that will be joint Members—from Senate and from this House—that will sit on these Committees, but yet the Committees will be between three and five people. So I do not know whether there is going to be some sort of pool of Members that the Speaker and the Standing Orders Committee will draw from, from periods of time, or whether that is a mathematical piece . . . okay. I am just receiving some clarification on this now that there will be as many . . . no less than three committees at any one time and not more than five, and on these three committees there will be a total of seven Members? That could be a lot of people. And we are stretched. There are already . . what? Seven House Committees, so it could be a real stretch for the Members to fill as many as three and not more than five . . . given that there are seven Members. So, [I have] a little concern around our capacity as parli amentarians to fill that obligation. And there is one other piece here that talks about the Oversight Committees having an opportunity to examine legislation before it comes into the House. And I am just concerned that there is not any real timeline around the examination of legislation by the Oversight Committees, and that if there is no tim eline that there could possibly be some delays in legi slation getting to the House, which could be problematBermuda House of Assembly ic. And I am just curious whether that is going to be addressed at all by the speaker. And with that, Mr. Deputy Speaker , I believe I have just about covered everything. One other piece that I just kind of question as well is around the Over-sight Committees, whether the examination and exploration into various ministries is not going to become a bit of a report card on a Minister and their performance in a Ministry. Yes, we are looking at efficie ncies and the like, but it just seems to me that it could be a little bit of an opportunity for parliamentarians to give a bit of a performance appraisal on Ministers and, if that is the case, that is the case. But it has not been sort of clearl y defined and I just wanted to bring that to light. Thank you, Mr. Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Jackson. Any further speakers? The Chair recognises the Member from constituency 2 in St. George’s, the Honourable Member Kim Swan. You have the floor.
Mr. Hubert (Kim) E. SwanThank you, Mr. Deputy Speaker . I just want to thank the Government Whip for bringing this Motion forward today. Certainly the works of the Rules and Privileges Committee as it relates to Standing O rders is something near and dear to my heart. I remember —a little bit long …
Thank you, Mr. Deputy Speaker . I just want to thank the Government Whip for bringing this Motion forward today. Certainly the works of the Rules and Privileges Committee as it relates to Standing O rders is something near and dear to my heart. I remember —a little bit long in the tooth—but I remember when Question Period was merely getting in a written question before the Wednesday before. And sometimes if . . . and that was before the time when computerisation was really prolific. And in that regard, Mr. Deputy Speaker , transparency was not at its best in this country and in this jurisdiction. But I remember many Members, even when I used to come in this Chamber and sit in the Gallery, many Members on opposite and backbenches made it a point to get in the questions that they so desired. I found it . . . somewhat . . . I could not believe what I was hearing and I cannot believe what I have heard of Members opposite who would not want the Premier to bri ng forth a Premier’s Question Period. I mean to suggest . . . and you know, I kind of was half between saying you were imputing improper motives, but I would not think for one minute that you would impute improper motives on the Honourable Premier of Bermuda who would want to introduce a Question Period. Because we all know as I have lived long enough to see many Premiers and I have lived long enough to see many different parties, but I know this, that in today’s Parliament there are far more vehicles provi ding transparency than to not to. So to hear the Opposition crying down the opportunity to hear the Premier say something . . . I cannot believe what I am hearing. It runs afoul of democracy to suggest that.
The Deputy SpeakerDeputy SpeakerYou have got to sit down, cousin. POINT OF ORDER [Misleading]
Ms. Susan E. JacksonThe Member is misleading the House. Premier’s Question [Period] has been in existence and the Standing Orders and Privileges Committee has been discussing this over the course of both Governments. So this is something that is a unilateral and bipartisan amendment to the Standing Orders.
The Deputy SpeakerDeputy SpeakerHonourable Member , will you carry on, please?
Mr. Hubert (Kim) E . SwanThank you, Mr. Deputy Speaker , because the disparaging remarks that were made came from multiple speakers and it bordered on imputing improper motives of the current Premier, and I did not think that that was fair. But let me just say this, that th e Question P eriod . …
Thank you, Mr. Deputy Speaker , because the disparaging remarks that were made came from multiple speakers and it bordered on imputing improper motives of the current Premier, and I did not think that that was fair. But let me just say this, that th e Question P eriod . . . [if] you want to see what bipartisanism looks like and acts like, in 2008 a Premier came to this House along with an Opposition Leader and the Government Whips (of which two of them are still in this Chamber, the Government Whips that is, no longer in that capacity) and from the Rules and Privileges Committee two of the most senior Members of the House were asked and they accepted to come t ogether to look at the Standing Orders and modernise them, and they did that. That was now Dame Jennifer 684 24 November 2017 Official Hansard Report
Bermuda House of Assembly Smith and the Honourable former Member Mr. Barritt and they did an outstanding job. As a consequence of that Standing Orders went from . . . from just submi tting written questions to Members of this House, to being able to ask questions of Minis ters making Statements, which I found to be extremely helpful when it comes to transparency. I also heard an Honourable Member of the Opposition criticise and call the current usage of Par-liamentary Statements and questions that might come up as a charade. Well, when I did not sit in this House I did not come on these grounds, save and except for one occasion—
Hon. Jeanne J. Atherden: Point of order, Mr. Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThere is a point of order. What is your point of order, Member? POINT OF ORDER [Imputing improper motives] Hon. Jeanne J. Atherden: The Member inadvertently is imputing improper motive to the Member of the O pposition. She did not say it “ was” a charade, she said “could” be.
Mr. Hubert (Kim) E. SwanThank you for the clarif ication, Honourable Member . It was . . . what was suggested was that things were a charade. And let me say this, in the time that I did not sit in this House, I listened to this House. At no time—I will say this, …
Thank you for the clarif ication, Honourable Member . It was . . . what was suggested was that things were a charade. And let me say this, in the time that I did not sit in this House, I listened to this House. At no time—I will say this, the Opposition of Bermuda between 2012 and 2017 used Parliamentary Question Period so effectively I would . . . I would invite Members of the Opposition to go to the Hansards and, much the way I did in 1998, to look at how the Opposition acted because that was the only Opposition anybody in Bermuda’s history would have ever had to look at to see how effectively they used Parliamentary Questions. It was mastery . . . absolute mastery. The records would show you . . . I am not making this up, I was listening. I was even texting Members to say, My word! You’re doing a good job. They were on point, they were measured, and they were surgical. And what we have not seen from the current Opposition is anything. And so the current Opposition is getting up, calling Question Period— which is their period—a charade.
[Laughter and inaudible interjections]
Mr. Hubert (Kim) E. SwanIt points to the sixes and sevens they are at, Mr. Deputy Speaker . It is the truth! And here it is the Government is putting . . . and let me say this, when it comes to Standi ng Orders, Standing Orders are to make Parliament fair, not the …
It points to the sixes and sevens they are at, Mr. Deputy Speaker . It is the truth! And here it is the Government is putting . . . and let me say this, when it comes to Standi ng Orders, Standing Orders are to make Parliament fair, not the current Government or the current Opposition. It is to make . . . I am a golfer by trade, it is to make the fai rness for anyone that holds the office. And I would certainly like to throw in the Standing Orders for the Rules and Privileges Commi ttee to look at is that getting out of that Opposition office over there and getting some better digs, it is i mportant so that you can get . . . and getting a proper budget is something that the Rules and Privileges Committee should look at. Because you may be there for a long time and the current Opposition Leader needs the resources to be able to do the democratic role. Why? Because I hold a respect for the Office. But you cannot come here and say, after being in Government for four years, that it is not right only because in your four years you were not transparent. People had to learn about what you were d oing through tweeting, through Facebook, and saying things that should have been said in this Honourable House and not [there]. And a good example of what transparency is all about is the young Premier of the country came today with, as the Honourable Member Ms. Jackson did give credit to (and I tip my hat, if I had one on, to her), in the fact that he came and gave an account of what he intends to do on Bermuda’s behalf. And then in the interest of transparency persons got up and started articulating about what they may or may not have heard because they could not be here to hear because they were busy somewhere else. But we had not read anything about that in the daily. But people are not concerned about how the institutions of d emocracy function fairly and accurately. They are not concerned about that! And they will come here and contradict their own selves by talking about Premier’s [Question Period]. But I just want to salute former Member Barritt and former Member Dame Jennifer [Smith]. And if there is any way in which we can tap their resources for how greater transparency is needed for the entire House, I certainly would welcome it. I am not sure that, just from my little country voice, I do not see an ything wrong with it. Because we need, certainly, a properly functioning legislature, and parliament is duty-bound to look at upgrading itself. And t here are many, as other Members have mentioned, there are many parliamentary benchmarks that relate to how this parliament could modernise itself as it relates to within the constituenc ies for Members. I mentioned the Opposition Leader. That was not a jibe ; that was a sincere recommendation for the Rules and Privileges Committee, as one that held that constitutional office at one time, all right? It is certainly . . . to do your constitutional duty, which as a Member of Parliament, you need resources. And c ertainly the benchmarks speak to that. They speak to the r esources that backbenchers need, they speak to the resources that a Whip should need, whether it be the Opposition Whip or the Government Whip, and it speaks to the resources that a backbencher needs,
Bermuda House of Assembly and it also speaks to the resources that a Parliament needs. A Parliament and the office that you are r esponsible for, Mr. Deputy Speaker , as the Head of the [House and] Grounds Committee and the goings on of the workings of the House, I respectfully su bmit that the time has come for us to look at modernisation. But we cannot look at that in the way if persons are going to . . . you know, use every opportunity to impute . . . and those were genuine attempts to . . . you know, I know people like tennis, t o hit a little backhanded . . . a little backhanded shot down the side. But when you are talking about a report from the Rules and Privileges Committee as it relates to updating and moderni sing, I do not think this was the time or the place. The opportunit y to put forward where the Rules and Privileges Committee should look even further . . . this is a good opportunity. And I would invite Members, really, to look at how the Parliament needs to be modernised because we operate in the oldest Parliament outsid e of Westminster. And much of the historical dealings of this Parliament came at a time, 50 years ago, when rank and privilege determined who you were going to be up in here. Not too often would a country boy from White Hill get up on the floor of the Hous e on behalf of the people of Bermuda, but it happens now in greater . . . and the days when Bermuda was ruled by the backroom corners, the smoke -filled rooms of a yacht club, are long gone. Parliamentarians need resources. And having other parliamentarians who are more hell -bent on tr ying to make a cheap shot at the Premier by imputing improper motives, suggesting things that they would not suggest for their own Premier, to me, is not on. So thank you . . . and I want to encourage this Commi ttee, Mr. Deputy Speaker , to continue going forward looking at ways to modernise—modernise —our Parliament and make the Parliament and the operations of Parliament fair and equitable.
The Deputy SpeakerDeputy SpeakerThank you, Member. Let me remind Members of this House, this Commit tee is made up from both parties, and these are rules that come from . . . that are in existence and practiced under the CPA. So there is nothing that we are making up; there is nothing …
Thank you, Member. Let me remind Members of this House, this Commit tee is made up from both parties, and these are rules that come from . . . that are in existence and practiced under the CPA. So there is nothing that we are making up; there is nothing new, right? And so let us speak to that part of it, not what you think it is, but what it is in other parliaments under our . . . where we come under the CPA. So, let us keep the debate right there because it is not just one party bringing . . . implementing these rules. It is from both parties —a bipartisan committee. Any f urther speakers? The Chair recognises the Honourable Member Scott Simmons from constituency 32.
Mr. Scott SimmonsGood afternoon, Mr. [Deputy ] Speaker . First and foremost, allow me to piggyback off of my distinguished colleagues who have spoken on this matter. And as a new Member of this House I have to confess that I was quite excited when I saw this particular . . . …
Good afternoon, Mr. [Deputy ] Speaker . First and foremost, allow me to piggyback off of my distinguished colleagues who have spoken on this matter. And as a new Member of this House I have to confess that I was quite excited when I saw this particular . . . as it related to the amendments to the Standing Orders because as a listener to this House, as an observer of this House, and having been a part of the public and seeing what our legisl ators are doing up here and hearing, it was encouraging to me, once I got here, that the Standing Orders . . . in that we have a functioning Parliament, but also that we have a Parliament that is willing to t ransition, that is willing to move when they believe modernis ation is needed, but to also recognise that it is in the public’s interest that we have to be doing the business that we do here in this House. So, Mr. Deputy Speaker , I was excited when I saw t he two out of the three. I think the last one, which was the Parliamentary Oversight Committee, which has certainly been spoken on at length. I would like to stand and rise and thank, certainly, the Honourable Whip for bringing this here tonight. I think i t is important. But the other two that were of significance to me was number one, that when one travels I believe overseas on the different . . . as it states, Mr. [Deputy ] Speaker , acting on behalf . . . “shall present a report to the House on the activi ties of the delegation if the House is in Session.” Mr. [Deputy Speaker ], I think it is a good thing to inform the public of what this House is doing on an ongoing basis. Ministers do it, others do it. I think we should . . . it is a good thing when we take the opportunity to inform the public. But, Mr. [Deputy ] Speaker , I also noticed in the second one, which speaks to Premier’s Questions, in 2012 we, as a government, were asked to reflect on what it is we were as a Government and to return in 2017 with a new vision, a new understanding, of the Bermuda that we live in. I believe that this particular one in these Standing Orders speaks to our understanding of our communities, our need to . . . not only understand the individual community, but to also realise that in order for us to have a community buy -in, in order for the community to work with us, they have to first understand what we are doing and then convince them that they need to be on board with us as we did this year. Mr. [Deputy ] Speaker , at a party level we re cognise the significance of bringing together an understanding that we must be more transparent, that we must understand [our] community, and that we have to do things differently. When this particular measure was announced I thought that it was absolutely needed. I would hope that there will be an expansion of the Premier’s Questions to Ministers who are able to get up and to answer the issues of the day. Because the people —our fellow Bermudians —watch us, listen to us, and want to know what we are doing. 686 24 November 2017 Official Hansard Report
Bermuda House of Assembly So, if we say on the doorstep, as we did this year, that we are willing to listen and act, then we have to tell them what we are doing on an ongoing basis. So the fact that we are doing Premier’s Questions is fantastic! I believe the Honourable Member from St. George’s emphasised the fact that once he heard those questions, when the questions are asked of the Premier or the Ministers according to the Mini sterial Statements, that sometimes those who were asking the questions asked questions th at were not even pertaining to the Ministerial Statement, and then they realised afterwards that, Oh, those are not part of the statement . . . and they are reminded [of what] is part. I believe that our front bench are more than capable. I believe our ba ckbench, in support of the front bench, are more than capable of bringing that information, of bringing that support to the front bench, are more than capable of bringing to Bermuda the information of what we are doing, because that was the criticism of th e last five years. It was not their fault. I think that there was a feeling that they . . . I do b elieve that sometimes it is beyond you to be able to do certain things. And I believe that this Government —this Pr ogressive Labour Party Government —is very p rogressive in this measure, has brought these Orders to this House, and as it relates to Premier’s Questions, I think that it is good. I believe our leaders are more than capable of answering the questions in the public. I do believe it is important. In the past . . . and I do not want to spend too long, but in the past you had a Mi nisterial Statement and then you had the Premier and Ministers heading out the door when they are asked every other question. I recognise that the Opposition have absolute questi ons that they want to ask our Ministers and ask the Premier, so I am hoping that we can move with this quickly, get the information out there, allow the Premier to exert his political prowess and to demonstrate . . . because I do believe that he is willing . And the fact that this measure is here speaks to the fact that our leadership are absolutely focused in on bringing the public the information. I will repeat that I hope that the Ministerial Questions are next. I hope that those opportunities . . . and also, that an absolute brief is provided to this House as it relates to the committees that sit. And that, make no mistake, that the committees report back their progress on the different committees that they have. Mr. Deputy Speaker , it is a pleasure for me to serve in this House. And being here now I am proud to be a Progressive Labour Party MP and I am proud of my Government for expressing the fact that we u nderstand our community, we want to share with them what we are doing, because we are doing this on their absolute behalf. Not to paraphrase MP Tyrrell, promise made, promise kept. The Deputy Speaker: Any further speakers? The Chair recognises the Honourable Grant Gibbons. You have the floor, Mr. Gibbons.
Hon. Dr. E. Grant GibbonsThank you, Mr. D eputy Speaker . Mr. Deputy Speaker , let me start by saying that, and perhaps you would share this as well, that I think the House has certainly evolved over the years that I have been here. I remember when you could not wear Bermuda shorts …
Thank you, Mr. D eputy Speaker . Mr. Deputy Speaker , let me start by saying that, and perhaps you would share this as well, that I think the House has certainly evolved over the years that I have been here. I remember when you could not wear Bermuda shorts up here, computers were not allowed to be used on a desktop, and at one point it took quite a long time to get Parliamentary Commi ttees to be able to operate in public. I chaired the Public Accounts Committee for some eight years and I think, probably, four of those years were trying to fight to get the Public Accounts Committee to be actually held with media or interested members of the community there. So, I think this is yet another step forward in many respects. I think the Honourable Member from St. George’s South, I believe, got a little bit the wrong end of the stick. My honourable colleague certainly did not say that the House was a charade. I was once reprimanded for calling the House a charade and had to answer to the Speaker for that. I think she was concerned a bout how it might work. So I would like to spend a couple of minutes just getting some clarity. I did not have the privilege of being on the Rules and Privileges Committee. I did not get some of the, essentially, the explanation or the justification behin d some of these issues. So I am hoping the Whip, if he is going to be able to answer at the end, could answer some of these questions as well because sometimes how a committee operates and the procedures are important in terms of, essentially, being able t o demonstrate, make it effective, and actually get the kind of transparency that I think a number of people have been speaking about up here. So let me start with the issue with the Premier’s Questions. And I guess the first question is it clearly says th at the Leader of the Opposition may ask three questions; other Members may ask one question only. And I guess my first question is: Why is it that other Members can only ask one question? There are 30 minutes. Surely there may be an opportunity for another , say Shadow, who has a pressing issue and may be more familiar with it than the Opposition Leader to be able to ask more than one question. It also says “ Only Members asking questions will be afforded two (2) supplemental questions .” The question I have is, normally in Question Period any Member can stand up and ask a supplementary if someone is asking a question. So will other Members be able to ask supplemental on the basis of a Member’s question?
[Inaudible interjection]
Bermuda House of Assembly Hon. Dr. E. Grant Gibbons: It says “ Only Members asking questions will be afforded two (2) supplemental questions .” It says nothing about others who may not have asked questions asking supplementals. So, o bviously, that Honourable Member has not read it. So, those are a couple of questions there with respect to Premier’s Questions and I am just trying to get a clear understanding of procedurally how this may work. Let me move on, Mr. Deputy Speaker , to the Parliamentary Oversight Committees. And again, ob-viously, some of these questi ons relate to process. So one of the first questions which come to mind is, if there are seven members, of which some may come from the Senate, is this likely to be two and five? How is that composition likely to be made up? Will Government have a majority or will it be a requirement that there be an independent member from the Se nate on these? I am just trying to get an understanding of what the thought process is behind how the committee will operate and the composition. It obviously begs the question of who will chair the committee as well. The Public Accounts Commi ttee right now is chaired by an Opposition Member. Can we assume with these Parliamentary Oversight Committees that the Opposition will chair these committees? So that is another question. I am guessing, with seven members, that the quorum will be four, but there is nothing here which says what the quorum is likely to be. That has been an issue in the past with the Public Accounts Commi ttee and I think that needs to be set out a little more clearly because sometimes, dare I say, Mr. Deputy Speaker , we have attendance issues with some of these Parliamentary Committees and oftentimes I r emember going into this in the past where it was diff icult to actually have the Committee move forward be-cause there was no quorum there. So setting a quorum, I think, and having a reasonable one is going to be important as well. Other questions which come to mind are I am assuming that Ministers will not sit on these commi ttees. That has certainly been the practi ce up until now. So I am assuming . . . if the Member can confirm that. But it does beg the question as to whether a Mi nister could be called before a committee to answer questions from an oversight perspective on his parti cular Ministry, or will it simply be civil servants that will be called or put on the mat, as the case may be? The Public Accounts Committee now has a fairly clear mandate in terms of, essentially, looking at how monies which have been allocated by Parliament are spent. The Oversight Com mittees are, according to at least 34(6)(b), “. . . have the duty of examining, considering and reporting to the House on: [(i)] A ny inquiry into assigned agencies ” . . . I assume an assigned agency might be something like the Bermuda Economic Development Corporation, or what else could it be . . . WEDCO or something of that sort —“and departments identifying deficiencies in their a dministration and operations .” I am just trying to get an understanding of where the boundaries are, indeed, if there are any, between what the Public Accounts Committee would be looking at and what these Oversight Committees would be looking at. I would say the Public Accounts Committee might certainly have questions about reducing waste—that is one of the mandates of these comm ittees. Increasing the efficiency of operations, I think that is mom and apple pie, we could certainly all agree to that, but it is important. So those are some of the questions in terms of what I will call boundaries, what the Public Accounts Committee wi ll deal with and what these committees will be dealing with. And I think if the Whip, if he is the designated hitter here, can answer some of those questions that would be very helpful. I guess, I am not sure if I asked this one, but will the committees operate in open session? In other words, will members of the public be able to, essen-tially, attend? Will members of the press or the media be able to attend as well? It is certainly not specified here. With respect to another charge of these Oversight Com mittees, will the . . . will Bills to be exa mined, will they be allowed to be referred by Opposition Members? Let us say if we have a . . . I will say, a pr olonged debate, there are a lot of questions, can an Opposition Member recommend that a Bill be comm itted to the Committee or will that have to come up to a vote? In other words, will Opposition normally be overruled in trying to refer, on a second reading, a partic ular Bill to a committee? I guess the other question I have is, and this is perhaps more for the Government, but is it the Government’s intention to try and use these commi ttees to refer, I will just say, a significant number of Bills to these committees? Because that, as one of my colleagues said, could potentially slow down the pr ocess of th e House quite a bit. It certainly will have the benefit of having more discussion, more backbenc hers would be able to participate, and perhaps the d ebates would be better as well, but it could also slow things down. So, is there, I will say, an intention within the Government to use these committees to review Bills to a greater degree than we have certainly ever used them in the past? I mean, right now under Standing Order 29(2) a Bill can be referred to a standing com-mittee at the present time. In my memory I do not think it has ever been done, but certainly it is a poss ibility right now. So I guess the last question I have or questions relate to this issue where “ The Speaker, in consultation with the Standing Orders Committee, shall assign any new Minist ry to an existing committee or establish and name a new committee, whichever is 688 24 November 2017 Official Hansard Report
Bermuda House of Assembly more practicable.” So, if the Standing Orders are now being revised to allow somewhere between three and five of these [Parliamentary Oversight] Committees, how is that going t o be, as it were, apportioned among ministries? Are we simply going to say, I think there are nine or ten ministries right now, if there are three [Parliamentary Oversight] Committees, will there be three ministries assigned to each one? Or will it start out with maybe just one [Parliamentary Oversight] Committee and one Ministry? How is that actually go-ing to take place in terms of essentially assigning mi nistries, and how might those be grouped, as well, under a particular [Parliamentary Oversight] Commit tee? So thank you, Mr. Deputy Speaker , for your indulgence. But I think those are questions which would help, certainly, me and I suspect other Members in the House to have a better understanding of how this process is to be going forward, in the simple interest of making this as effective as possible. Thank you, sir.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Gibbons. Any further speakers? The Chair recognises the Minister Rabain. Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Speaker . And, yo u know, I have listened to this debate. I am not going to speak to this very . . . too long, but …
Thank you, Honourable Member Gibbons. Any further speakers? The Chair recognises the Minister Rabain. Hon. Diallo V. S. Rabain: Thank you, Mr. Deputy Speaker . And, yo u know, I have listened to this debate. I am not going to speak to this very . . . too long, but I have listened to this debate and I did have an inte ntion of speaking on it, but you know, listening to some of the commentary coming from the other side and also some of the statements made from this side, it had me stand to my feet because, Mr. [Deputy ] Speaker , this weekend something significant happened to the Opposition. They have had a new leader elected and, and from press reports, we keep hearing this m antra that the country needs a strong Oppos ition. The country needs a strong Opposition. This is . . . we have to have a strong Opposition. We hear it on the blog, we hear it from the OBAers, and you just hear it. But Mr. Deputy Speaker , I respectfully submit that since this Legislature has been sitting, since Sep-tember, we have seen literally the exact opposite . . . the exact opposite. And I think the Member from constituency 2 hit it on the head when he said the Question Period is the Opposition’s session. Ministers give Statements, they walk up to the Speaker and they say, I want to ask a question on that Statement. So, if any of our Members walk up and want to ask questions on Statements, usually, Mr. Deputy Speaker , it is because the expectation is that we will have weak questions that will not ask anything of significance of the Statements that come forward. We are now two and a half months into this session and I can count on one hand the number of parliamentary questions that have come from that side. What is going on, Mr. [Deputy ] Speaker ? If they want to be an effective Opposition, if they want to hold the Government to account, if they want to ask the things that they think their constituents want to hear, then ask the questions and they will get answers. Do not stand here and pontificate about . . . I do not know, you . . . you dominate our Question P eriod, when you are not asking anything. Do not sit here and talk about what the Premier’s Question Per iod is going to be like. If you are an Opposit ion that cannot figure out one question to ask the Premier of this country about this country every two weeks, you probably do not need to be over there. And I cannot say it any clearer than that, Mr. [Deputy ] Speaker . To sit here and argue back and forth about why we should have this ques-tion and answer session, what it could turn into, what . . . [how] the Government could dominate it and all of that, Mr. Deputy Speaker , is rubbish. It is foolishness. It is running from your responsibility. Your responsib ility is to hold the Government to account and if you cannot do that, then leave, put somebody else over there. Just leave, put somebody else over there, Mr. [Deputy ] Speaker . If you are not willing to do the job that you are paid by the people of Bermuda to do, then leave. It is an easy thing. There are lots of other people that talk about being up here, that talk about being . . . that they could do better than everyone who is up here, move out of the way and let progress continue. [Inaudible interjecti ons] Hon. Diallo V. S. Rabain: Move out of the way and let progress continue, Mr. Deputy Speaker . And that is what I am saying. I am listening and I am hearing complaints about a question and answer session? I am hearing complaints about being given the ability to ask any question you want? What . . . what do we need to do, Mr. Deputy Speaker , what do the people of Bermuda need to do to get an effective Opposition? You have been voted over there, you have been voted in for a reason, and that reason is to be an Oppos ition, to give the people something to grasp onto, to think that maybe at the next election cycle they might be worth being the Government. But as we are seeing now, we have seen absolutely nothing, and today you have shown your hand, that you ar e weak . . . very weak. Thank you, Mr. Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Rabain. Any further speakers? The Chair recognises the Honourable Michael Dunkley. Mr. Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank y ou, Mr. [Deputy ] Speaker . Bermuda House of Assembly I will not say much about the Member who just spoke other than …
Thank you, Honourable Member Rabain. Any further speakers? The Chair recognises the Honourable Michael Dunkley. Mr. Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank y ou, Mr. [Deputy ] Speaker .
Bermuda House of Assembly I will not say much about the Member who just spoke other than it is smoke and mirrors and that Member better pay attention to Education and filling in the positions in there that are so important to the cr ucial running of what i s important to our young people.
[Inaudible interjection] Hon. Michael H. Dunkley: And I hear Members on that side sighing, yes, because they have not made the progress that they talked about making, Mr. [Deputy] Speaker . I am not backing down from that.
[Laughter]
Hon. Michael H. Dunkley: And now they laugh because they know I am correct, Mr. [Deputy ] Speaker . Is it not interesting, Mr. [Deputy ] Speaker , to have a lecture from the Honourable Member about the Opposition when the Government has their challenges to face? They better think about the people of Berm uda, do not worry about the Opposition. We are there to do our job. Now, Mr. [Deputy ] Speaker , now that we have had enough laughs for the day by Honourable Mem-bers, let us get some more facts int o this debate. The conversation around the Premier’s Question Period started when I was the Premier. And it was started, I believe, Mr. Deputy Speaker , under the former Speaker Randolph Horton who was instrumental in pushing it forward. So for Government Members to beat their chest and say, We’re so proud to have made this a reality —they did not do it. It came from the Speaker of the House in one of the first meetings I sat on. He said, This is where we should go, what do you think about it? And I said, All for it, let’s work out the specifics so it works right and let’s move forward. I had no problem with it. So for Government Members now to try to reframe history, Mr. Deputy Speaker , you cannot do it. And I know they want to be political about it, but the y just cannot do it. That is what happened. And I give them credit for bringing it here now and making it reality, Mr. Deputy Speaker . All a pplause for that . . . all applause for that, Mr. Deputy Speaker . Now, Mr. [Deputy ] Speaker , I do not have any problem with the Premier’s Question Period, as long as it is set up to be productive. Now, the Parliamentary Question Period has its moments when it is very productive, and som etimes we get off the beaten track. But that is up to you, Mr. Deputy Speaker , and the Speaker to hold us to account where we have to go. And I think, you know, the Premier’s Question Period now is strengt hening the role of allowing a good dialogue back and forth on what happened with the Parliamentary Question Period. And I think that is positive. I think that is something we should embrace. But, Mr. Deputy Speaker , the way I interpret it is our colleagues —all of us, all 36 Members in this House— we want to make sure that we use that time productively and do not get into misinformation. Now I give credit where credit is due— the Opposition from the last five years were very effective in the Question Period, but they were also effective in spreading mi sinformation. And I remember the misinformation spread about the remuneration of the CEO of the BTA, where all of a sudden the answer came out and it was inflated by an Honourable Member who sat on this side —an Opposition Member —to be a million do llars. And that was not fact. And the Honourable Member said, Well, sometimes he doesn’t actually get the numbers correct , Mr. Deputy Speaker . But we need to get proper information out there so we can strengthen transparency and accountability, which we all want. We all want it, Mr. Deputy Speaker , but sometimes we all cannot beat that drum. Now, moving on from that first point . . . and I see it is the second Friday of each month when w e are in session for 30 minutes. And I think that is good. I think that allows people to focus in on that time. Thi rty minutes is not a long period of time so we might find that on some days the time is going to get stressed so we have to be effective and I think that is up to us in the Opposition to be effective on how we ask the questions so we are all not at sixes and sevens. B ecause I can remember some Question Peri ods from the last five years when the current Government was the Opposition where they ran out of time because they were all chomping at the bit to say some things. And you know that is not a bad thing. We need to make sure that we pace ourselves and get t he right information out. And so I look forward to how it is going to operate and the ability for people to ask questions and to getting the answers. Now, Mr. Deputy Speaker , I sat in that chair. And I remember Question Periods quite clearly for five years when we were the Government, and I remember members of the Opposition did not accept the a nswers, at times, that were given. But clearly, Mr. De puty Speaker , you probably know better than me as somebody who has read the Standing Orders in depth for you r current position, that answers are given and they must be accepted. They have to be truthful. But sometimes a Minister and a Premier is not going to be able to give the required answer because sometimes questions come . . . supplementaries . . . that you know . . . we, as Members, have to accept them at their word that they will come back and give the infor-mation when they have the opportunity to do that. And I know my colleagues, when we were on the brunt of being asked the questions that we always endeavoured to come back. And so I think it is the ability for us to make sure we plan it properly, doing it the right way. 690 24 November 2017 Official Hansard Report
Bermuda House of Assembly So, yes, let us move forward the Premier’s Question Period. I want to give credit to the former Speaker of the House for his work in try ing to push it forward. And let me segue into my next point that I want to make. We talk about House committees and transparency and accountability. Mr. Deputy Speaker , but talk is talk and walk is actually the most important thing that you have to do. And I have seen in my time in this House that while we do a lot of talking the wal king does not actually take place as often as we would like. And I will give you a few examples, Mr. Deputy Speaker . We now have, perhaps, seven committees of the House, all r ight? We are thinking about adding three more. There are 36 Members of the House and if you say, Mr. Deputy Speaker , if the size of Cabinet is generally going to be around 12, that means you are going to only have 23 Members to sit on those committees. Now , 10 committees and 23 Members, that is a lot of participation that has to be taken. And that means that not only do you have to have Mini sters who wish to sit on those committees who have the appetite to deal with those subjects, but they have to prepare themselves to have productive meetings and they have to prepare themselves to get the r esults out of those meetings, Mr. Deputy Speaker . And I am not questioning anyone in particular in this Honourable House. But I am saying today that our track performanc e is not very good. It is not very good, Mr. Deputy Speaker . And why do I say that? Because we have the penchant —and there is nothing wrong with that —for forming additional committees, such as the Committee on the Sexual Predators that was formed a long ti me ago, Mr. Deputy Speaker , the Committee on Women’s Issues, and the Committee on the Liveable Wage. And some of those committees that I mentioned, Mr. Deputy Speaker , especially the Sexual Predators, the only time you hear from the committee is when somet hing happens in the community. That is not good enough for the people that we serve. If we cannot come to a resolution, a dec ision, on some of the mandates and some of the work of those committees, I think they need to report and say, This is where we are, and take direction from the general House on where they have to go. And so we are forming three additional committees, I live and hope that they will be productive, but Members have to be prepared to serve, they have to be prepared to come to the meetings , and we act ually have to have some concrete positive results that come out of those committees, Mr. Deputy Speaker . Now, Mr. Deputy Speaker , Members of this House—many of us —held numerous positions. And one of the things that people are afraid to talk about, Mr. Deputy Speaker , but the Honourable Member from constituency 2 talked about resources of the House. And I know the Clerk has talked about r esources of the House from time to time to keep up with modern parliamentary practice. And obviously in a peri od where you are looking at every dollar you have and to get the most effective use from it, you are very careful about what you say publicly, Mr. Deputy Speaker . But the Honourable Member from constit uency 2 raised the subject, and it got me thinking abou t it a little bit because, you know, it is quite often you will hear backbenchers or even Junior Ministers sa ying that for the work that is involved, we do not get paid enough. And here we are now asking Members to commit more of a responsibility to that job. If we are going to do that we need to make sure that not only do we give it our all to get involved in doing that, that we make those meetings productive, and we do not complain about what we are getting paid to do it. B ecause if we are going to compl ain about what we get paid to do it, the next time the order is laid by the Premier at the budget debate for parliamentary sal aries, we should say something about it, Mr. Deputy Speaker , because I do not believe in talking in the back room when you will not talk in public about doing these type of things. Now you should pay for the work that you do, do not get me wrong, Mr. Deputy Speaker—
The Deputy SpeakerDeputy SpeakerWhat is your point of order? POINT OF ORDER [Misleading]
Mr. Hubert (Kim) E. SwanI think the Member may be inadvertently misleading the House and imputing improper motives because I did not hear anyone refer to parliamentary salaries. And if he referred to the Honourable Member from constituency 2, which is me, I was referring to the resources of parliamentar ians, such as . …
I think the Member may be inadvertently misleading the House and imputing improper motives because I did not hear anyone refer to parliamentary salaries. And if he referred to the Honourable Member from constituency 2, which is me, I was referring to the resources of parliamentar ians, such as . . . which is consistent with parliamentary benchmarks, which deals with the type of r esources that backbenchers and the Opposition do not have at their disposal with regard to examining the Bills and the like. So if you want to take that and shift that—
The Deputy SpeakerDeputy SpeakerCarry on, Mr. Dunkley. Hon. Michael H. Dunkley: Thank you, Mr. Deputy Speaker , the Member was going on. Yes, he did talk about resources, but all of that fits into the equation, Mr. [Deputy ] Speaker . And if it is being talked about in the back rooms . …
Carry on, Mr. Dunkley.
Hon. Michael H. Dunkley: Thank you, Mr. Deputy Speaker , the Member was going on. Yes, he did talk about resources, but all of that fits into the equation, Mr. [Deputy ] Speaker . And if it is being talked about in the back rooms . . . because I have heard Junior Ministers tell me directly that, you
Bermuda House of Assembly know, The extra $800 a month I get for doing this job is not worth it. Then why don’t you step out of the job? Well, you know, the Premier asked me to do it. Now, Mr. Deputy Speaker , we should be real. We should be real. If we want to address the challenges and be more accountable and transparent, then we need to talk about these issues. Now, Mr. [Deputy ] Speaker , we are asking to form committees to assume the responsibility we have to meet. If we are going to do it, we have to make sure we set it up in the right way because history shows that parliamentary committees in the House have not done anything. And what could be more important than the committee that was set up to deal with sexual predators? Nothing has happened, Mr. Deputy Speaker . And while we talk about transparency and accountability, let me also just mention that we have a Register of Members’ Interest. And all of us, we use those words —T&A [transparency and accountabi lity]—every time we get an opportunity. But we have current Members in this House who have not updated that Register of Members’ Interest for years. So, Mr. Deputy Speaker , you cannot have it two ways. Either you are accountable or you are only going to talk it.
[Inaudible interjection] Hon. Michael H. Dunkley: The Honourable Member who is sitting . . . who is not sitting in his seat , interpolating , can get up and speak about it. But if we are going to set up structure in this House to allow oversight, to allow accountability and transparency, we need to make sure it al l works properly and that Register needs to be paid attention to, Mr. Deputy Speaker. So I am pleased tonight that the Honourable Member , the Whip for the Government, has brought this here and I think this will help strengthen us if we do it in the appropriate way. But it is going to mean that all of us are going to have to get involved, Mr. Deputy Speaker , and all of us are going to have to do the work to make sure those results are right. Thank you, sir.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Dunkley. Any further speakers? The Chair recognises the Honourable Member Zane De Silva from constituency 29. Hon. Zane J. S. De Silva: Thank you, Mr. [Deputy ] Speaker . Mr. [Deputy ] Speaker , now that the Honour able Member just took his seat can probabl …
Thank you, Honourable Member Dunkley. Any further speakers? The Chair recognises the Honourable Member Zane De Silva from constituency 29. Hon. Zane J. S. De Silva: Thank you, Mr. [Deputy ] Speaker . Mr. [Deputy ] Speaker , now that the Honour able Member just took his seat can probabl y get back on Twitter, because that is, you know, where he does most of his work on Twitter. In fact, someone said the other day that he should have a new name, it should be Tweety Bird. But Mr. [Deputy ] Speaker — [Inaudible interjection]
Hon. Zane J. S. De Silva: —let me say this, Mr. Deputy Speaker , let me say this. The Honourable Member—
The Deputy SpeakerDeputy SpeakerMember, Member, withdraw that statement about the name. Hon. Zane J. S. De Silva: Tweety Bird?
The Deputy SpeakerDeputy SpeakerYes, please. Hon. Zane J. S. De Silva: Okay, I will call him Chir ping Bird because—
The Deputy SpeakerDeputy SpeakerNow, Honourable Member , Honourable Member , in this House we are all “honourable.” Hon. Zane J. S. De Silva: Yes, we are.
The Deputy SpeakerDeputy SpeakerYou cannot use those names. Please, Member. Hon. Zane J. S. De Silva: That is true. Mr. Deputy Speaker —
The Deputy SpeakerDeputy SpeakerCan you withdraw that? Hon. Zane J. S. De Silva: Sure, I will withdraw it. Thank you, Mr. Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you, sir. Hon. Zane J. S. De S ilva: Mr. Deputy Speaker , what I will do next week is I will bring you a copy of Hansard, which I do not have with me today (I usually do). I expected a short version, and it has got the …
Thank you, sir. Hon. Zane J. S. De S ilva: Mr. Deputy Speaker , what I will do next week is I will bring you a copy of Hansard, which I do not have with me today (I usually do). I expected a short version, and it has got the Honourable Member ’s name on it with him calling people on this side “ chirping birds” on more than one occasion . . . in Hansard, Mr. Deputy Speaker ! But I will bring it next week, I promise you that. But, Mr. Deputy Speaker , you see the Ho nourable Member s opposite, when I hear the kind of noise —and I have to call it noise —coming to this side for what we are doing today with regard to this change of Standing Orders . . . the difference is they talked about it, Mr. Deputy Speaker , we are getting it done.
Some Hon. Members Some Hon. MembersHear, hear! [Desk thumping] 692 24 November 2017 Official Hansard Report Bermuda House of Assembly Hon. Zane J. S. De Sil va: You see, because that is just how they operated. And you know what? When I hear things like that coming from the Opposition, Mr. Deputy Speaker . . …
Hear, hear! [Desk thumping]
692 24 November 2017 Official Hansard Report
Bermuda House of Assembly Hon. Zane J. S. De Sil va: You see, because that is just how they operated. And you know what? When I hear things like that coming from the Opposition, Mr. Deputy Speaker . . . and for the Honourable Member MP Dunkley to say that we have made no progress . . . are you kidding? Mr. Deputy Speaker , we have done more in four months than they have done in four and half years. The Honourable Premier laid out a 100- day plan, laid out 22 items. Twenty of those 22 have been accomplished, Mr. Deputy Speaker —20 of 22 in 100 days. And as you know, Mr. Deputy Speaker , we have a Throne Speech and I can guarantee you one thing, that the Throne Speech that this Premier and PLP Government presented to the people of the country will not be repetitive. The things in that Throne Speech will get done because, Mr. Deputy Speaker , that is what we are about. Now, Mr. [Deputy ] Speaker , the Honourable Member MP Dunkley also talked about effectiveness of Question Period. Well, we know and the country knows that because of the Progressive Labour Party’s effectiveness with regard to parliamentary questions, we are second to none . . . second to none. In fact, a lot of the things, a lot of the misgivings, and a lot of the cloak of darkness moves that they made were brought out because of the PLP’s parliament ary questions. [Inaudible interjection] Hon. Zane J. S. De Silva: A lot of those . . . and they will not even mention words like “J etgate. ” But those are the types of things, the effectiveness of the PLP when they were in Opposition, Mr. Deputy Speaker . And, as my honourable colleague, Minister Diallo R abain said, we have been here for almost four months and they have asked five parliamentary questions? The people in this country . . . now, I know they are low on numbers, Mr. Deputy Speaker , but certainly they could be a little bit more effective in their words. Now, Mr. Deputy Speaker , I am going to move on because I know my Premier wants to get up and say a few words. But let me just finish on this note. The Honourable Member talked about information and misinformation during Parliamentary Question Period. Mr. Deputy Speaker , here they are —the kings of mi sinformation—coming here and preaching to us and saying that we must not give misinformation to the people of the country. Now, if you want to do up a li st of misinformation that has been put to this country by that particular party . . . that is what they are today; we know they have had about four names in the past eight years. I have a feeling they are going to come up with another one soon. But, Mr. Deputy Speaker , let me say this, they can talk about [how] when they were in Government they talked about what they should get done. What we have [done], as today Minister Burch [did] land regi stration —is ground- breaking, phenomenal legislative moves. So I w ould just like to say this: I know the people of Bermuda listen to this House. I know they listened for four years when we were in Opposition. They saw how effectively we used Question Period, they have seen in four months how the Opposition use parliament ary questions in an ineffective way, and what we will say, Mr. [Deputy ] Speaker , is that we will continue . . . we will continue to bring things to this House that benefit the people of this country. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Honourable Member Zane De Silva. Any further speakers? The Chair recognises the Leader of the O pposition, Mrs. Atherden. You have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Deputy Speaker . I am actually pleased to see these amendments to the Standing Orders , and I …
Thank you, Honourable Member Zane De Silva. Any further speakers? The Chair recognises the Leader of the O pposition, Mrs. Atherden. You have the floor. Hon. Jeanne J. Atherden: Thank you, Mr. Deputy Speaker . I am actually pleased to see these amendments to the Standing Orders , and I am actually pleased to be the Leader of the Opposition, because it means I know that going forward I will have the opportunity to ask the questions in the Premier’s Question Period. But I am going to start back from the very beginning because I am remembering that when we first came to the House how the Standing Orders Commi ttee was put together. Because on the one hand I r emember sitting on a committee when we were looking at trying to enhance things that this House of Assembly looked at and that was in terms of information and it was in terms of what types of things the three orders of Government —the Executive, the Legislative . . . and we actually were doing a lot of work on that. And so I know that this idea of looking at Standing Orders was another piece of the puzzle, if you will, that we were looking at in terms of making sure that the Parliament, per se, got more involved in what Gover nment was doing and making sure that it understood how it worked. So, I recognise that these amendments to the Standing Orders came about as a result of persons working when, as my colleague said, the previous Speaker Randolph Horton got together . . . and at that point in time you had Marc Bean, and we had Craig and we had others of our leaders. And I do remem ber reflecting on the fact that one of the things (because obviously periodically at our meetings we would talk about what was happening in terms of the Standing Orders and the Committee) one of the issues back at that point in time was that maybe the Opposition Leader at that time was not coming to the meetings as often as he could have and, therefore, that meant that you did not have that robust discussion. So what I am saying is that you cannot just turn around and say just because it took a bit of time that it all comes down to
Bermuda House of Assembly just the people on this side. It comes down to the people that are on the committee. And sometimes, if people do not show up, you cannot progress the act ual agenda that you were hoping to. But I am not here to talk about he said /she said, because my intent is to be constructive in my observations. And if I am being constructive in my o bservations there is the idea of being required to pr oduce a report within 21 days. I do not think anybody could turn around and disagree with that because it is important. The government’s monies . . . the people’s monies have been spent and, therefore, it is important to hear about it. Also, I would like to add that it is not only about getting a report. Sometimes reports talk about what people did, but they do not always talk about what could be done in the future. So they come around and say, I went off and I did A, B, C. But they do not always say, As a consequence of what I heard at this particular event (or this particular conference or whatever) I believe there is something relevant to Bermuda and this is what we can do going forward. So you learn som ething and you actually set, if you will, a possible agen-da that we in Bermuda could turn around and utilise and move it to the next level. It is not just about getting information, but actually enhancing our process and coming up with something else. So I would like to think that, in addition to r eports, that we will start talking about ways in which some of these things could actually be implemented and set dates because that is the true benefit of going off and being exposed to something else that is happening outside [of Bermuda]. With respect to the amendments to the Standing Orders in terms of Premier’s Questions, I thought that, Hey, it is g ood, because every second Friday means that there is a reasonable time w hen you know that you can ask questions about important matters. And those questions, then, if you have taken the time to come up with things that you believe are happening in this country and that the people in this country need to know about, are an opportunity to turn around and ask them. So with respect, the fact that the Leader of the Opposition may ask three questions, I guess, what I was not sure of was whether, as it relates to asking three questions, it was a case where the Leader of the Opposition has to turn around and ask each one of their questions one behind each other, or does a supplementary constitute a question. I am not sure. Well, I am going to ask my question and may be the Government Whip will answer the question afterwards. But my question was, if the Leader of the O pposition has the opportunity to ask three questions, whether you are ending up saying once you ask question one, does a supplementary constitute part of the question or is that question two and question three? So, you know, that is important because as we go forward I do think that sometimes when per-sons ask questions here, the question that has been asked prompts somebody to come up with another questi on which they thought of, which is why I think the question was raised whether . . . if somebody came up with . . . had an idea that might have been a supplementary . . . I think it was suggested that if somebody did not put forward the fact that they wanted to ask a question, that they would not then have the opportunity to turn around and effectively come in as a supplementary. I think sometimes that might r estrict what I call the ability to get at the full subject. But maybe that is something that can be looked at. With respect to this whole question of the parliamentary oversight of the committees, it caused me to have two different thoughts. One, the fact that if we are going to have as few as three, and not as many as five, it starts to talk about how are we going to have the resources to be able to turn around and support these committees? So I do not know whether . . . I know right now when we have PAC and others, you have the staff within the House who are actually supporting it. But if you have these other committees going on at the same time I am just wondering whether we are going to have to turn around and have a budget to support that to make sure that they function. B ecause it is not just about whether the Members the mselves can find the time, but actually, if these commi ttees are robust, how you are going to turn around and make sure that they meet in a timely manner and then report in a timely manner.
[Hon. Dennis P. Lister, Jr., Speaker, in the Chair]
Hon. Jeanne J. Atherden: Now, Mr. Speak er, on top of this . . . because it has been suggested that the . . . it has been questioned as to what decision would be made as to which ministries, if you will, would be asked to be . . . and I do not want to say investigated, but which committees would be asked to have some oversight. And so it just begs . . . in my own mind I sort of look at it and I say, Okay, well, on the one hand if I look and I think about budget debate time . . . and I think so often we used to find that the Opposition used to say , Oh, it’s budget debate time and we never get a chance to ask questions because . . . you know, you cannot delve into it in enough time because the Mini ster turns around and uses all the time. And I know that there are lots of strategies, and each party has used those strategies. All I am saying is that if you are going on the basis of —
Hon. Walton Brown: Point of clarification. [Inaudible interjection]
POINT OF CLARIFICATION Hon. Walton Brown: Just for the Honourable Member’s edification, this Governm ent can assure the O p694 24 November 2017 Official Hansard Report
Bermuda House of Assembly position they will have more than adequate time for debate during the budget session this year. [Inaudible interjections ]
The SpeakerThe SpeakerCarry on, Member. Hon. Jeanne J. Atherden: Mr. Speaker , I just want to make sure that I am able t o make sure that Hansard reflects that so that when we . . . when the Opposition sets the schedule in terms of those ministries that we want to …
Carry on, Member.
Hon. Jeanne J. Atherden: Mr. Speaker , I just want to make sure that I am able t o make sure that Hansard reflects that so that when we . . . when the Opposition sets the schedule in terms of those ministries that we want to have debated, that when we start to look at how long the relevant Minister [takes] to give his speech that, by t hen, I am hoping that we would have had that type of bipartisan collaboration that we have where people have been giving out their Ministerial Statements (because they believe that what they are talking about is so important that they do not mind us having it so that we can ask questions), so that when we start to get to the Budget Debate we will have the opportunity to make sure that we get the information from the Minister and we can turn around and we can ask the questions. But on the premise that maybe it is not ha ppening by the time we get there, it definitely means that as you go forward you can use the opportunity to try and ask whether certain departments could be looked at, because on the basis of questions that have been raised in the budget there appears to be something that is important to have further information on. And I am not talking about because there is a suggestion that when you look at these departments you are going to look at them from the point of view of identifying deficiencies, looking at their operations, so that all of that is very important because we all know that the monies that are spent are the monies which are designed to produce certain outcomes for the people of Bermuda. And it is important for us to make sure that those things happen. I have many times said that when we have discussions and when we have the Budget Debate I always worry that we spend so much time talking about how much money was spent and whether they came in under budget or whether they came in over budg et, and then we get into things like what was the head count and is the head count below what is in the Blue Book or whatever. But I have always rued, and I will make sure that when I am there I am going to f ocus on outputs, because too often you spend the money and the money is supposed to be designed to produce a certain output. And we do not spend enough attention to say, Was the money well spent as it relates to the output that was supposed to be considered? So, Mr. Speaker , when I start to look at what is possible with respect to the Parliamentary Oversight Committees I see that this is definitely something which is an opportunity to expand our ability to learn more about government, and our ability to learn more about how government operates. I think what I am not certain about, Mr. Speaker , is the fact of how this will tie into the PAC. Because recognising that over time the Public Accounts Committee has started to move from being, what I call, a looking backwards commi ttee, up to looking at what is happening now and even forward- looking from the point of view of recognising that we should be able to look at deficiencies, we should be able to look at adherence to Standing O rders and look at adherence to the financial instruc-tions so that a lot of that has been moving forward into what the PAC does. So I will be intrigued, going forward, as to whether there might end up being some element of duplication. I would hope not, because I believe that we do not have so many people around in this House to be able to have lots of people working on lots of committees. So it is important to make sure that if there is duplication, or if we find going forward that there is, what I call, an overlap, that we will periodica lly review these improvements in terms of our S tanding Orders to ensure that there is nothing that needs to be tweaked. Now, the last thing I want to say, Mr. Speaker , is the fact that I appreciate, going forward, that when we ask questions, we want to ask questions in a way that we do not start getti ng into, what I call . . . we want to ask the questions with clarity in terms of trying to be clear on what we are asking for and trying to have clarity in terms the response. And so, as we go forward I think that there was some suggestion with respect to the level of decorum, and with respect to what the party might have done and the difference between when we were the Government and when you were the Opposition, in terms of how effective you were in being the Opposition. I accept the fact that when we wer e the Government and when you were the Opposition, with the narrow margin that we had it did result in lots of questions coming and lots of things that had to happen, because you had greater numbers in terms of people being able to jump up and ask questions than what we have. I also appreciate, Mr. Speaker , that going forward it is going to be important on our side that we use the opportunity for the parliamentary questions or the opportunity for when there are questions on a weekly basis, that we use the opportunity to ask questions. But I do think . . . and I am going to say this because if I do not clarify this I think the listening public will not understand what my honourable colleague said earlier. I do think that the Government, since we have been i n this session, have had the strategy that once the Ministerial Statement has been read out, because the Government Members already knows what the Ministerial Statement is going to be, the backbench also know what type of parliamentary questions they shoul d ask . . . sorry, not parliamentary questions, what type of questions they should ask, because they
Bermuda House of Assembly already know what the statement is so they are very much prepared to ask the question. Therefore, when we have, in a lot of cases, just gotten the Statements just when the person is reading them —which is why I asked the question before about at least having us get the Statements when we get here— it has meant that what has ended up happening is while we are getting up and phrasing our questions, they already have—
Hon. Zane J. S. De Silva: Point of order, Mr. Speaker, point of order.
The SpeakerThe SpeakerMember, take your seat. Minister, you have a point of order? POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: Yes, the Honourable Member is misleading the H ouse. Mr. Speaker , when we were in Opposition, we were never given Ministerial Statements before the House came in. And, …
Member, take your seat. Minister, you have a point of order?
POINT OF ORDER [Misleading]
Hon. Zane J. S. De Silva: Yes, the Honourable Member is misleading the H ouse. Mr. Speaker , when we were in Opposition, we were never given Ministerial Statements before the House came in. And, Mr. Speaker , the other thing is we used to ask questions on the fly. And the other misleading statement is this: The Opposition —the former Government —have been in those chairs now since when we returned in September. And I have not once seen you, Mr. Speaker , have to say, Okay, time is over because time is up. They have not had the wherewit hal—
The SpeakerThe SpeakerThank you— Hon. Zane J. S . De Silva: —or I would not say —
The SpeakerThe Speaker—your point of order is being stretched now. Hon. Zane J. S. De Silva: —the ability to actually ask questions.
The SpeakerThe SpeakerNot a full speech on that, okay? Member, continue please. Hon. Jeanne J. Atherden : Thank you, Mr. Speaker , And I am going to repeat this. When the Go vernment has turned and has the . . . their Members have the Statement they are going to issue. It …
Not a full speech on that, okay? Member, continue please. Hon. Jeanne J. Atherden : Thank you, Mr. Speaker , And I am going to repeat this. When the Go vernment has turned and has the . . . their Members have the Statement they are going to issue. It makes it much easier for them to have their backbench stand up and ask questions. And, Mr. Speaker , I know that in all fairness what you do —
[Inaudible interjections ]
The SpeakerThe SpeakerMembers, Members — Hon. Jeanne J. Atherden: —in all fairness — The Speaker: —let her speak. Hon. Jeanne J. Atherden: —what you do is you turn around and if peopl e have stood up, then you have to turn around. It is not a thing where you make sure that …
Members, Members — Hon. Jeanne J. Atherden: —in all fairness — The Speaker: —let her speak. Hon. Jeanne J. Atherden: —what you do is you turn around and if peopl e have stood up, then you have to turn around. It is not a thing where you make sure that everybody on this side has all of their questions done before you have anybody on that side—
[Inaudible interjections] Hon. Jeanne J. Atherden: —and so all I am sa ying to . . . Mr. Speaker , there is an echo; I am not sure where—
The SpeakerThe SpeakerI can hear you. Keep talking to me, keep talking to me. Hon. Jeanne J. Atherden: Thank you, okay. So my . . . all I am saying is that as we go forward we are going to make sure on this side that we get the information in terms …
I can hear you. Keep talking to me, keep talking to me. Hon. Jeanne J. Atherden: Thank you, okay. So my . . . all I am saying is that as we go forward we are going to make sure on this side that we get the information in terms of what the Stat ements will be. And I appreciate the fact that they will be on our desk by the time we arrive, so that means that we will have the opportunity to formulate our questions so that on a regular basis, with respect to the Orders of the Day, we will be able to utilise the Question Period. And I also can assure you, Mr. Speaker , that going forward, with respect to the opportunity to ask the Premier questions, we will make sure that we have the opportunity, because my Members are going to get themselves prepared to use this avenue avail able to us. And going forward I think it is going to be very important for us to turn around—
[Inaudible interjections ]
The SpeakerThe SpeakerMembers, Members. Continue. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker . And I appreciate when my colleague and I were . . . when you said to us about thanking us for being the new Leader and the Opposition Leader and you said you hoped that we will uphold …
Members, Members. Continue. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker . And I appreciate when my colleague and I were . . . when you said to us about thanking us for being the new Leader and the Opposition Leader and you said you hoped that we will uphold the decorum. Well, I definitely intend to do that. And I am hoping on the opposite side that we also get to have a level of decorum here that reflects the fact that all this time we were talking about why we are doing Standing Orders and why we are increasing these things is because we want the people to know that we understand more about what was happening in government. We said we want everybody to know more about what is going on. And so the other side of it is making sure that we bring that relevant knowledge to the table and when we ask the questions the questions will be relating to why we govern, what type of money is being spent, and what type of difference we are making to the pe ople of Bermuda. 696 24 November 2017 Official Hansard Report
Bermuda House of Assembly So with respect to that I think the only question I had in addition to th at is with respect to the Parliamentary Oversight Committees. I am just not certain whether by turning around and saying “not less than three” . . . I just think that, depending on what hap-pens, because we have so many other standing committees that we are mindful of the fact that once you have to look at a budget and look at what other committees people are on, that maybe it should be a maximum rather than a minimum. Because you are going to have to have all the Members in this House make sure that they ap ply themselves to be on the committees. And if we really want to have committees that are going to produce something it is important that on both sides that the Members come to the committee meetings and actually go out and do the research and come back wi th the type of results. B ecause without that, without the Members coming t ogether and leaving aside, what I call, their individual party affiliations, we will not get the type of report which truly reflects where we are and what we should be looking at. And with that, Mr. Speaker , I am going to take my seat.
The SpeakerThe SpeakerThank you. Does any other Member wish to speak? I recognise the Premier. Premier, you have the floor. Hon. E. David Burt: Good afternoon, Mr. Speaker .
The SpeakerThe SpeakerGood afternoon. Hon. E. David Burt: Mr. Speaker , I did not know that Standing Orders would generate so much debate and excitement here this evening. I thought that, you know, we would be done a little bit quicker.
The SpeakerThe SpeakerI was hoping. [Laughter] Hon. E. David Burt: That much being said, I apprec iate the debate thus far. The debate has been interes ting. It seems as though the Opposition are complai ning that we are a good Government. It seems as though they are complaining that we work …
I was hoping.
[Laughter]
Hon. E. David Burt: That much being said, I apprec iate the debate thus far. The debate has been interes ting. It seems as though the Opposition are complai ning that we are a good Government. It seems as though they are complaining that we work together. It seems they are com plaining that we understand how Parliament works and the way in which you come here to be effective. It seems as though they are complaining that we have been able to get things done that they were not able to get done, Mr. Speaker. And that is okay. Because it was very interesting to hear the former Premier get up and say that in one of his first meetings (because he became Premier in 2014) the former Speaker of the House said that this is som ething that he wanted to implement. Okay. Why is it only happeni ng now, then, Mr. Speaker ? Because I know that the former Premier (just like I, as the Premier) sat on the Rules and Privileges Committee. And we can exercise a level of communication with the Speaker of the House and look to move and advance the items of the agenda. Some may argue that maybe that Premier did not want to be questioned during question time—
[Inaudible interjections and general uproar] Hon. E. David Burt: —and that is the reason why it did not move forward. But here is the thing, Mr. Speak er. We are not afraid, because we have nothing to hide. Because that is what makes the people whom we serve get served better —that we are more accountable here in this Parliament. And that is the role of the Opposition. So I am happy to make the Oppositio n’s role easier. I am happy that they will be able to ask questions because, clearly, they are unable to use the Question Period which we already have—noted by the number of questions which they have already submi tted. Now, here is one thing that I will agree with. I will agree that in the debate which happened in the Rules and Privileges Committee . . . not to shed too much light on that debate because it should remain private, but I think the former Leader of the Oppos ition, the Honourable Member for constituency 23, had stated that there was a question as to whether or not the Premier’s Question Period was actually needed, given the fact that, you know, we have a Question Period already that happens in every [sitting] and Members could submit questions, et cetera. And you know what, Mr. Speaker ? I agree. I do agree. There is a question as to whether or not maybe it really is needed. But here is what I can tell you, Mr. Speaker . I can assure you that it was not going to be said that this Premier came int o the Rules and Privileges Committee and got rid of a section that said that I was going to be questioned. So we are just going to go ahead with it, and we are going to see how it works, Mr. Speaker . And it should work to serve to make our democracy better .
[Inaudible interjection and laughter ]
Hon. E. David Burt: Madam new Opposition Leader, it seems as though the old Opposition Leader is agreeing already that the bipartisanship is improving underneath your leadership, so congratulations.
[Laughter]
Hon. E. David Burt: Now, Mr. Speaker —
The SpeakerThe SpeakerSpeak to the Chair, speak to the Chair. Bermuda House of Assembly Hon. E. David Burt: —allow me to move on.
The SpeakerThe SpeakerYes. Hon. E. David Burt: Allow me to move on to the next topic, because I think we all agree that when peopl e go away they should come back and give reports. So I think that is a good thing.
The SpeakerThe SpeakerYes. Hon. E. David Burt: But on the final item, and this is the . . . and before I get to the oversight committees, I do want to touch on one other thing because we are debating the Report of Standing Orders and Privileges Committee.
The SpeakerThe SpeakerYes. Hon. E. David Burt: And, of course, inside that R eport it speaks to the fact that a draft Code of Conduct for Members of Parliament . . . and I will just read, if you will allow me to quote, because [for] the members that may be listening, …
Yes.
Hon. E. David Burt: And, of course, inside that R eport it speaks to the fact that a draft Code of Conduct for Members of Parliament . . . and I will just read, if you will allow me to quote, because [for] the members that may be listening, and I know those people who follow our debates and talk about our debates on F acebook, so I just want them to specifically —
The SpeakerThe SpeakerYou have the Chair’s permission, read on. Hon. E. David Burt: Thank you, Mr. Speaker . Number 5 says, “ Additionally, the Committee reviewed the Commonwealth Parliamentary Associ ation’s Recommended Benchmarks for Codes of Conduct as a model for creating our own Code of Conduct. Members will be happy to …
You have the Chair’s permission, read on.
Hon. E. David Burt: Thank you, Mr. Speaker . Number 5 says, “ Additionally, the Committee reviewed the Commonwealth Parliamentary Associ ation’s Recommended Benchmarks for Codes of Conduct as a model for creating our own Code of Conduct. Members will be happy to learn that we have provisionally accepted a final draft which we plan on tabling soon after our next Standing Orders and Priv ileges Committee meeting. ” And what I will say is, Mr. Speaker , we look forward to that. And it is my hope and expectati on that, hopefully, Mr. Speaker , we will be able to have that Committee meeting and table that item before we rise on December 8 th, so at least the public can see the Draft Orders which we have done so that the e ntire items which we said, insofar as improv ing good governance, under the Progressive Labour Party Government can happen. And that means that we will have a Code of Conduct, which means that we will have three Oversight Committees, which means that we will have an upgraded Ministerial Code of Co nduct. And that means that we will have our Code of Practice for Project Management and Procurement.
[Desk thumping] Hon. E. David Burt: And see, Mr. Speaker , these are all things that they spoke about, but we are doing them. It is simple, Mr. Speaker . So now, let me move on to the final item where we talk about Oversight Committees because there has been a lot said about Oversight Commi ttees, Mr. Speaker . And if you look at the House and the way of accounting . . . I am just going to do some math. We have 36 Members in this House, minus one sitting in the Chair. That makes 35. The maximum number of Ministers inside this Chamber is 12. Ther efore, that means that at least there will be . . . and the maximum amount of Ministers and Junior Ministers is 13. So t hat means that there are at least 22 persons who are either not a Minister or an Officer of Parli ament, Mr. Speaker . Therefore, that means that there are at least 22 people who can be assigned to a committee. And out of those 22 people we are talking about assigning 15 people to permanent Oversight Committees, a minimum of three committees. Now, Mr. Speaker , let us remember where this came from. This came from the former Gover nment’s very own SAGE Commission Report, Mr. Speaker .
Some Hon. Member s: No. No.
An Hon. Member An Hon. MemberNo way. Hon. E. David Burt: Yes, it did. And I will remember exactly what the former Minister of Finance said when he was reviewing the SAGE Commission Report , because he went down across the street at Pier 6, Mr. Speaker , and went over the recommendations of the …
No way.
Hon. E. David Burt: Yes, it did. And I will remember exactly what the former Minister of Finance said when he was reviewing the SAGE Commission Report , because he went down across the street at Pier 6, Mr. Speaker , and went over the recommendations of the SAGE Committee . And when he got to this recommendation about . . . because . . . he did not say much. But the things of which he said that the Gov-ernment would not accept . . . he put on the screen about the recommendation to est ablish three perm anent oversight committees and he said, There’s enough oversight already ; we’re not going to do that .
The SpeakerThe SpeakerMm-hmm. [Inaudible interjections] Hon. E. David Burt: That is their record, Mr. Speaker. So they are coming here talking about, How will this work? Oh, is it going to be okay? How is this all going to happen? . . . and all the rest. They were the ones who …
Mm-hmm.
[Inaudible interjections]
Hon. E. David Burt: That is their record, Mr. Speaker. So they are coming here talking about, How will this work? Oh, is it going to be okay? How is this all going to happen? . . . and all the rest. They were the ones who made t he recommendations, Mr. Speaker; but they did not want the oversight that is required to ad-vance democracy in thi s country.
Some Hon. Members Some Hon. MembersO oh! Hon. E. David Burt: We, Mr. Speaker, will put it in place. And I look forward to Members having the o pportunity to delve into issues , because a lot of times there are things that are of concern, there are things that can assist . And I …
O oh!
Hon. E. David Burt: We, Mr. Speaker, will put it in place. And I look forward to Members having the o pportunity to delve into issues , because a lot of times there are things that are of concern, there are things that can assist . And I think that all Members, especial698 24 November 2017 Official Hansard Report
Bermuda House of Assembly ly Members on the front bench, would certainly welcome help and assistance into, as the draft says, “[34(6)(b)(i)] Any inquiry into assigned agencies and departments identify ing deficiencies in their admi nistration and operations ;”. This is an ideal time to do work as a Member of Parliament, to say, my commi ttee, my Members are concerned, my constituents raise this issue, and have a chance to examine things, do some work, and have a hearing, and all the rest . That is the way that Parliament is supposed to func-tion, Mr. Speaker . And yes, this Minister of Finance will make sure that resources are made available so that the Parliament can exercise its oversight role. Because the fact is that if we have more eff ective oversight, we will save money. We will become more efficient. And that is where we have to make sure that we put these energies. Now, there was a question as to whether or not there will be a duplication of efforts, Mr. Speaker. These committees are not here to look at finances, Mr. Speaker. It is very clear. If you understand the Public Treasury (Administration and Payments) Act, if you understand specifically what is stated inside of Standing Orders, the Public Accounts Committee is the only commit tee that have the power to go ahead and request financial records and get those things. That is not what these committees are for, Mr. Speaker. But there could be a place where maybe we might get some Opposition Bills, and maybe those Bills may want to be referred for further examination inside of a Parliamentary committee, so they can have some type of debate, have some type of airing, these are the things that we want to do in order to make Parliament be more effective and for Parliament to work better, Mr. Speaker. So, [I am] hating to sound like a broken record, as many of us have said in this place already t oday, and I have a feeling that we are going to continue to say it : Promises made, promises kept. Thank you, Mr. Speaker.
An Hon. Member An Hon. MemberYes, the re you go. [Desk thumping]
The SpeakerThe SpeakerThank you, Mr. Premier. Does any other Member wish to participate in this debate? No other Member? Government Whip, would you like to close this out?
Mr. Michael A. WeeksThank you, Mr. Speaker. But after our Premier summed everything up, there is not much else to say other than definitely promises made, Mr. Speaker, promises kept.
An Hon. Member An Hon. MemberYes. Mr. Michael A. Weeks: But if I could answer just a few questions that the Member from constituency 22 has asked about who will determine the chairs of the committees. I am made to understand that the Speaker will determine the chairs of any committees.
Mr. Michael A. WeeksThe Speaker will determine. And finance committees are always chair ed by the Opposition. So any finance committee that this House will put together will undoubtedly be chaired by the Opposition and, again, it will really be determined by what the Speaker decides, ultimately. [Inaudible interjection]
The SpeakerThe SpeakerYes, that is for the Public Accounts, but these committees the Speaker will determine. [Inaudible interjection]
Mr. Michael A. WeeksRight. Right. So, in answer to your question, the Speaker will determine the direction of these committees.
Mr. Michael A. WeeksSo, having said that, Mr. Speaker, I now move that this Honourable House approve the Report of the Standing Orders and Privile ges Committee dated the 3 rd November 2017.
The SpeakerThe SpeakerThank you, Honourable Government Whip. Members, the Whip has put the Motion to the floor. Is it approved?
Some Hon. Members Some Hon. MembersYes. Bermuda House of Assembly The Speaker: Any nays? No nays. It has been approved. [Motion carried: The Report of the Standing Orders and Privileges Committee dated 3 November 2017 was approved.]
The SpeakerThe SpeakerBut in closing, the Speaker is going to take a little liberty here because conversations were had today in regard to some of the co mmittees that have not completed work from previous Houses. This Speaker has undertaken to check back on all of the outstanding [committees] that come under …
But in closing, the Speaker is going to take a little liberty here because conversations were had today in regard to some of the co mmittees that have not completed work from previous Houses. This Speaker has undertaken to check back on all of the outstanding [committees] that come under his jurisdiction and there are actions that have already been taken while a couple of the select c ommittees have already been reactivated. There are a couple of more that are being looked at that had started work that was never completed. We are talking to Members who participated in those committees prior, and we anticipate having those come to this f loor as well so that their work that was started under the previous House can report to this House. So, the concerns that were expressed, I want the Members to know, have not gone unnoticed by this Speaker already, and it is a part of the homework that has been done by this Minister as far as reform and getting us up to date on stuff that we need to clean up on. Thank you. So, that has been moved. The rest of the matters I understand that are on the Order [Paper] for today have been carried over. So, Mr . Premier —
[Inaudible interjection]
The SpeakerThe SpeakerWe get to the third readings before you get up and do your piece. [Laughter]
The SpeakerThe SpeakerWe are almost at that point. Minister Burch, you have some third readings for us on your three items that wer e done today. Would you like to do those now?
Lt. Col. Hon. David A. BurchI move that Standing Order 21 be suspended to enable me to move that the Bill entitled Bermuda National Parks Amendment Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerAgreed. Go ahead. Agreed. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA NATIONAL PARKS AMENDMENT ACT 2017
The SpeakerThe SpeakerAny objection to that , Members? No objection. Passed. [Motion carried: The Bermuda National Parks Amendment Act 2017 was read a third time and passed.] STANDING ORDER 21
Lt. Col. Hon. David A. BurchMr. Speaker, I move that [Standing Order] 21 be suspended to enable me to move that the Bill entitled the Bermuda National Parks Amendment (No.2) Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerContinue on. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING BERMUDA NATIONAL PARKS AMENDMENT (NO.2) ACT 2017
The SpeakerThe SpeakerAny objection to that? No objection. It has passed. [Motion carried: The Bermuda National Parks Amendment (No.) Act 2017 was read a third time and passed.] STANDING ORDER 21
Lt. Col. Hon. David A. BurchMr. Speaker, and fina lly I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Land Title Registration Amendment Act 2017 be now read the third time by its title only. 700 24 November 2017 Official Hansard Report Bermuda House of Assembly …
Mr. Speaker, and fina lly I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Land Title Registration Amendment Act 2017 be now read the third time by its title only.
700 24 November 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Continue, Minister.
The SpeakerThe SpeakerAny objections to that? No objections. It has now passed. [Motion carried: The Land Title Registration Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerMr. Premier, would you like to take to your feet at this moment? ADJOURNMENT Hon. E. David Burt: Yes, thank you, Mr. Speaker. Mr. Speaker, I move that this Honourable House do now adjourn to sit on Fr iday, December 1 st.
The SpeakerThe SpeakerDoes any Member wish to speak to that? I recognise the Honourable Member from constituency 20. Honourable Member Jackson, you have the floor.
Ms. Susan E. JacksonThank you, Mr. Speaker. I am not going to take up too much more of your time.
The SpeakerThe SpeakerI will remember that. [Laughter] LAMB FOGGO URGENT CARE CENTRE
Ms. Susan E. JacksonI just recently read in the newspaper this afternoon that the Lamb Foggo Urgent Care Centre has been closed this weekend. And it seems as though that there are not enough staff to keep the place open. So, I am a bit concerned about that, as Shadow Minister of Health, …
I just recently read in the newspaper this afternoon that the Lamb Foggo Urgent Care Centre has been closed this weekend. And it seems as though that there are not enough staff to keep the place open. So, I am a bit concerned about that, as Shadow Minister of Health, and wondering what the Government is planning to do to sustain the Urgent Care Centre so that people in the East End who [have an] emergency or any other health needs at any time should be able to go to a facility close to their home in order to be attended to. So it raises concern for me, especially since the Government has over the years expressed concern that the Lamb Foggo Centre be a priority and kept open, and now it is closed.
GOMBEYS —NATIONAL TREASURE
Ms. Susan E. JacksonThe other piece that I would like to raise with you, Mr. Speaker, is following on from my earlier mention about congratulatory remarks to Kel ly Hunt on her Gombey art show. It brings to mind for me, Mr. Speaker, that it would be a wonderful thing if this Government …
The other piece that I would like to raise with you, Mr. Speaker, is following on from my earlier mention about congratulatory remarks to Kel ly Hunt on her Gombey art show. It brings to mind for me, Mr. Speaker, that it would be a wonderful thing if this Government could consider the Gombeys as our cultural icons , if there were any way, maybe through the Heroes Day, [that] we would be able to establish the Gombeys as our National Treasures. I would very much like for the Gombeys to someday receive the highest level of regard in this country for their historical commitment to maintain their integrity as an art form, as a historical story, as a huge contri butor to the development of our young men in this country. There is such a depth of history and culture and richness in the Gombey tradition here in Bermuda that for the Gombeys to go yet another year without national recognition would be unfortunate. And I would hope and I ask that the Government will consider something that is serious and is immortalising the Gombeys as a National Treasure. So, if it is possible, it would be for me the kind of accolade that would create the Gombeys in such a way that the pride and the level of seniority of any person, from a young child right up through an adult who is a Gombey , be given the level of respect and priority that on the cultural protocol they would be considered at the top of the list and that we create a campaign on the Island to recognise our Gombeys as such so that —
Mr. Dennis Lister IIII am just trying to understand. Are you saying that we do not recognise the Gombeys? Because we do have the Gombey celebration at the [WER Joell] Tennis Stadium every year to cel ebrate the Gombeys and we recognise those who have participated in outstanding Gombeys. So I am lost …
I am just trying to understand. Are you saying that we do not recognise the Gombeys? Because we do have the Gombey celebration at the [WER Joell] Tennis Stadium every year to cel ebrate the Gombeys and we recognise those who have participated in outstanding Gombeys. So I am lost as to what you are trying to say that we do not do.
The SpeakerThe SpeakerContinue, Member. Bermuda House of Assembly Ms. Susan E. Jackson: Thank you, Mr. Speaker. What I am trying to say is that as a national icon for Bermuda, that the Gombe ys be recognised and be raised to a level of recognition in this country that would be second to …
Continue, Member.
Bermuda House of Assembly Ms. Susan E. Jackson: Thank you, Mr. Speaker. What I am trying to say is that as a national icon for Bermuda, that the Gombe ys be recognised and be raised to a level of recognition in this country that would be second to none on the protocol list of culture. So, it is being able to raise the recognition of the Gombey to the point of immortality. So, I mean, if I were to draw . . . I cannot rea lly even think of an example but if somebody says something like, you know, to be a knight in shining armour. For Bermuda the Gombeys should have that kind of recognition immediately amongst every single person on this Island and we should do whatever we can to create that environment, to create that platform for our Gombeys. Now, I do not know what that looks like, and that would be up to the imagination of the Gover nment. Certainly, I would be willing, and I am sure there are a number of people who would be willing to work with the Government to create what that would look like. But the point is that I would like to see them i mmortalised to a level of , you know, like a soldier of Bermudian culture for us here in Bermuda. And that is it, Mr. Speaker, thank you.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Minister from constituency 29. Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, the thi ngs that come from the other side are just unbelievable these days. …
Thank you, Member. Does any other Member wish to speak? I recognise the Minister from constituency 29. Minister De Silva, you have the floor.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, the thi ngs that come from the other side are just unbelievable these days. Mr. Speaker, the Honourable Member Jackson who just took her seat talked about lifting up and recognising our Gombeys to . . . and I think her words were, second-to-none recognition. Well, Mr. Speaker, that Honourable Member was part, I believe, of the Gover nment for the last four and a half years. Why didn’t she or her Ministers or their Members of Parliament do something different ? But here you are, a couple of weeks later, two months lat er, three months later, and they are making that kind of statement? Really? Mr. Speaker, you might want to know that the OBA Government for the America’s Cup—the magic money tree event —had the Scotland bag pipes down at the airport.
[Inaudible interjec tions] Hon. Zane J. S. De Silva: Why didn’t they have the Gombeys down there , if they are so important to the One Bermuda Alliance? [Inaudible interjections]
Hon. Zane J. S. De Silva: If they are so important, and they are so significant, and we shoul d be honour-ing them at the highest levels, why did they have the Scotland bag pipes down at the airport?
[Inaudible interjections]
Hon. Zane J. S. De Silva: Answer that question for me, please, and I will take my seat. Mr. Speaker, now, let us talk about some of the things. Where has the Honourable Member been living? We just recently had a Gombey festival that was attended by . . . maybe even her.
[Laughter and inaudible interjections]
Hon. Zane J. S. De Silva: Was she there?
An Hon. Member An Hon. MemberNo. Hon. Zane J. S. De Silva: Now she is so worried about the Gombeys and honouring them . . . was she there? [Inaudible interjections]
An Hon. Member An Hon. MemberNick Kempe was. Hon. Zane J. S. De Silva: But Nick Kempe was. [Laughter] Hon. Zane J. S. De Silva: And he is not there an ymore, is he? [Inaudible interjections]
An Hon. Member An Hon. MemberNoo. Hon. Zane J. S. De Silva: Seems like we have a lot of David Copperfields in the OBA these days. [Laughter and general uproar ]
The SpeakerThe SpeakerMembers! Members! Members! Hon. Zane J. S. De Silva: Now you see them, now you don’t!
The SpeakerThe SpeakerRemember where we are now. Do not get too carried away. Just remember where we are. Hon. Zane J. S. De Silva: Mr. Speaker, with your i ndulgence.
The SpeakerThe SpeakerYes. Hon. Zane J. S. De Silva: You may have received one of these. It is an invite. 702 24 November 2017 Official Hansard Report Bermuda House of Assembly The Speaker: My sight is good, but it is not that good. I cannot read what you are holding up there. …
Yes.
Hon. Zane J. S. De Silva: You may have received one of these. It is an invite.
702 24 November 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: My sight is good, but it is not that good. I cannot read what you are holding up there.
Hon. Zane J. S. De Silva: Okay, let me read it for you, with your indulgence, Mr. Speaker.
The SpeakerThe SpeakerGo right ahead. Hon. Zane J. S. De Silva: “UNDER THE DISTI NGUISHED PATRONAGE OF THE PREMIER OF BERMUDA, THE HON. E. DAVID G. BURT, [ JP, MP] “THE PREMIER PRESENTS: The Carifesta Showcase featuring Bermuda’s delegation to Carifesta XIII.” Do you know what we are doing with that, Mr. …
Go right ahead. Hon. Zane J. S. De Silva: “UNDER THE DISTI NGUISHED PATRONAGE OF THE PREMIER OF BERMUDA, THE HON. E. DAVID G. BURT, [ JP, MP] “THE PREMIER PRESENTS: The Carifesta Showcase featuring Bermuda’s delegation to Carifesta XIII.” Do you know what we are doing with that, Mr. Speaker? It is the Premier’s Concert that was formerly the Premier’s Concert , but we have done a little twist. We are going to have the Gombeys there.
An Hon. Member An Hon. MemberOh, no! [Inaudible interjections] Hon. Zane J. S. De Silva: Yes, sir, first time in our history!
An Hon. Member An Hon. MemberHow did you print that up just now? Hon. Zane J. S. De Silva: No, you would think that I just printed it , but this was done several weeks ago, Mr. Speaker. [Laughter] Hon. Zane J. S. De Silva: So, Mr. Speaker, you know — [Inaudible interjections]
An Hon. Member An Hon. MemberIt’s all right, Zane, you made your point. Hon. Zane J. S. De Silva: I think I am just going to take my seat, Mr. Speaker. [Laughter] The Spe aker: Thank you, Minister. Does any other Member wish to speak? No other . . . oh! Almost missed you there, …
It’s all right, Zane, you made your point. Hon. Zane J. S. De Silva: I think I am just going to take my seat, Mr. Speaker.
[Laughter]
The Spe aker: Thank you, Minister. Does any other Member wish to speak? No other . . . oh! Almost missed you there, Minister, I am sorry. I recognise the Honourable Minister. Minister Caines, you have the floor. Hon. Wayne Caines: Thank you, Mr. Speaker. With reference to the Gombeys, the Gombeys are a tradition that has been in our community for hundreds of years. We accept that the origin of this was a part of our culture through slavery. Sometimes Members in our community could not show their face and s o their faces were covered [while] doing Gombeys. This was a tradition that was passed down from generation to generation. In our community on every holiday you can find the Gombeys from whatever particular troupe they are, moving through our neighbourhoo ds. In the community of which I was raised, the Gombeys have always held the highest place of prominence. This is not something that is new to our community. We have always exalted that part of our culture. The word “Gombey” —
Mr. Speaker.
The SpeakerWe will take your point of order. Yes, Member. POINT OF ORDER [Misleading]
Ms. Susan E. JacksonThe Honourable Member is misleading the House. Within our lifetime the Gombeys have come close to extinc tion. And it was the likes of Louise Jackson who had worked hard, adv ocated for Gombeys, fought hard to get those Gom-beys recognised— [Inaudible interjections]
Ms. Susan E. Jackson—and if you ask any Gombey on this Island, Who kept the Gombeys alive? It was Louise Jackson. [Inaudible interjections]
The SpeakerThe SpeakerThank you, Member. You raised your point of order. Continue on with your s peech, Minister. [Inaudible interjections] Hon. Wayne Caines: We can try and attempt to r ewrite history all we like. The people of Bermuda understand and know the history of the Gombeys. I will not disparage anyone’s …
Thank you, Member. You raised your point of order. Continue on with your s peech, Minister.
[Inaudible interjections] Hon. Wayne Caines: We can try and attempt to r ewrite history all we like. The people of Bermuda understand and know the history of the Gombeys. I will not disparage anyone’s efforts. I would simply say that we do not have to resurrect the Gombey’s history or save or salvage the Gombey because their lives res onate deeply in our hearts. Our brothers, our uncles, all
Bermuda House of Assembly of them form a part of this troupe. I have the privilege of living next to a house called “Placeton,” and this is where the Places Gombeys evolved. If you read a number of local historians, we in our community u nderstand the importance of the Gombey. So the Member who sits opposite can become acquainted with the Gombeys and live in a legacy, but on this side, we are familiar with their history and stand clos ely with it.
RAMIFICATIONS OF CRIMINAL CONVICTION S
Hon. Wayne Caines: Mr. Speaker, this morning I was in the barber shop and a young man said to me aloud in the barbershop that he wanted to talk to me about something. As you know, Mr. Speaker, that is a place in Bermuda where we share our history, as men. That is where we talk about the latest issues. And it is a phenomenal place to keep and find the pulse of our community.
The SpeakerThe SpeakerYes. Hon. Wayne Caines: And this young man said to me that he recently received a call from HSBC and he was notified that because of a criminal conviction that he could no longer have his bank account.
An Hon. Member An Hon. MemberWhat? Hon. Wayne Caines: Because of a criminal convi ction for drug importation, they were closing his account. Another young man in the barber shop said he had received the exact same call three months ago. That, as a result of his criminal conviction and based on what it was …
What?
Hon. Wayne Caines: Because of a criminal convi ction for drug importation, they were closing his account. Another young man in the barber shop said he had received the exact same call three months ago. That, as a result of his criminal conviction and based on what it was and based on some accreditations that they are facing, they have to close his account. That is not what is interesting. A third young man in the barber shop, who did not understand this, and did not follow this any further, indicated that because of his criminal conviction —he ha d just been released on parole and he had some money in his bank account —he received indication from another bank that because of his criminal conviction he was not allowed to have a bank account.
An Hon. Member An Hon. MemberThat’s atrocious! Hon. Wayne Caines: My mind immediately started racing to a person having a criminal conviction, ser ving a period of incarceration—
The SpeakerThe SpeakerYes. Hon. Wayne Caines: —being released on parole and trying to put their life together, coming out of prison and getting a job— which is a requirement for parole— having a place to live and having a place to work. He was not able to keep the job because he …
Yes.
Hon. Wayne Caines: —being released on parole and trying to put their life together, coming out of prison and getting a job— which is a requirement for parole— having a place to live and having a place to work. He was not able to keep the job because he was not able to get paid. He went to his employer. His employer identified that that was a legitimate problem but he said that he does not do cash payments. He cannot do what he wants to do, [which is] pay him in cash every week because of what that means to his bus iness. And he shared with me that he lost his job. And it got me to thinking about Dr. Mincy’s Report of 2007, which ind icated that one in four black men will not finish high school. I thought about all of things that the lack of education does in Bermuda and why some of our young men are being drawn to ant isocial behaviour. At present we have 156 men incarcerated at Westgate, and these are for a multitude of offences. When they leave prison they are going to need two things: They are going to need a job and they are going to need a place to live. As a society, we have to decide whether we want our young men to be rehabilit ated and to become productive members of our society. We have to be willing as a society . . . and I am not talking about condoning wrongdoing and condoning people and keeping people away from repaying their debt to soc iety. I am talking about as a society allowing young men to rehabilitate and to reintegrate back into our society as good citizens in our country.
The SpeakerThe SpeakerYes. Hon. Wayne Caines: In other words, if we are to make rehabilitation a significant way of our country, we have to be willing to give young men and women of all hues second chances.
An Hon. Member An Hon. MemberYes. Hon. Wayne Caines: The second part to what I was thinking was the need for us to highlight to our young men and women the importance of not falling afoul of the law. We can attem pt to put the toothpaste back in the tube all we like, but …
Yes.
Hon. Wayne Caines: The second part to what I was thinking was the need for us to highlight to our young men and women the importance of not falling afoul of the law. We can attem pt to put the toothpaste back in the tube all we like, but there are ramifications and there are things that happen if you have a criminal conviction. Yes, we can attempt to fix them and as a society we must help to keep them on the right track if they fal l afoul, but it is important for us to stress to all the young men and women in our sphere the cons equences, the repercussions, the limitations that one has if one commits a criminal offence. I talked to two young men who were getting an early edge up as they went for school, and I asked them if they kn ew how this thing worked, that if they got a criminal conviction that every time they applied for a job that they would have to put on that paper that they had a conviction, that there might be limitations to them flying abroad. And oftentimes this is not hig hlighted to them at the early stages, and after they get criminal convictions it is much more difficult to get r eintegrated into our society. It got me to thinking about some of the biggest challenges t hat I see that we have in our community, 704 24 November 2017 Official Hansard Report
Bermuda House of Assembly which is mentorship, because oftentimes we want performance without development. We want scholars without scholarship. As a country we have to understand the deficiencies that are in our society, we have to make it our mission to train, to guide, and to sup-port our young people. This does not happen by happenstance or come from the ether. We have to create a culture where we go into our community and take young people and allow them to see success, allow them to see opportunities by mentoring them —our sports clubs, our churches, and our business —we all have to commit to legitimate opportunity through mentorship. We have seen the opportunities for many of our men to show that, You know what? I am a successful lawyer. I am a successful businessman. But there is no connecting rod of them back to our co mmunity. We have to make success an opportunity for everyone to rise up the ladder, and that is the only time when our country will truly be healed. I went to my constit uency , number 14, Mr. Speaker, and I drove down One Way Deep Dale, and when I got to the bottom of One Way Deep Dale, I could see young men openly selling drugs on that corner. I parked the car. I got out. I walked. And their neighbours were all telling me how uncomfortable they were with the young men selling drugs. I asked a couple of basic questions: Have you reported this to the police? And over and over and over again I heard the word “No.” There are a myriad of reasons why they did not do i t. But I can tell you this this evening: As a community, we must not be held hostage or give safe [harbour] to people selling poison in our community. We must hold the police accountable— and we shall. But we must hold each other in our communities accountable for pe ople selling poison to our young people. We must hold the young men who are coming into our houses with cars and bikes [which] we know that they did not get this through legitimate enterprise. Why? Because this weakens our country , when we cannot live in harmony and peace because our young men are selling drugs in our community. The time has come for us in all of our communities, in our lives, and in our personal set of ci rcumstances not only to be able to be in this House or in our churches in our communi ties but to mentor our young men, to give them guidance, but also in our communities to hold each other accountable for ant isocial behaviour. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member . . . I recognise the Honourable Member from constituency 21, the Honourable Member, Mr. Commissiong. You have the floor. INCOME INEQUALITY
Mr. Rolfe CommissiongThank you, Mr. Speaker. I want to commend Brother Caines from constituency 14. It clearly illustrates the great challenge that we have before us and the ardent desire for us to pack this all up and to see the disappearance of these behaviours in our community. I just want to …
Thank you, Mr. Speaker. I want to commend Brother Caines from constituency 14. It clearly illustrates the great challenge that we have before us and the ardent desire for us to pack this all up and to see the disappearance of these behaviours in our community. I just want to say that we will know that we are succeeding when we can put Operation Ceasefire out of business.
Mr. Rolfe CommissiongWhen we can say, Team StreetSafe, no more! . . . when Mirrors is deemed surplus to requirements , that is when we will know that we are achieving success. And so, the Member from [constituency ] 14 eloquently illustrates the challenge in tackling this in what I call “the …
When we can say, Team StreetSafe, no more! . . . when Mirrors is deemed surplus to requirements , that is when we will know that we are achieving success. And so, the Member from [constituency ] 14 eloquently illustrates the challenge in tackling this in what I call “the back end.” And it is something we must do. We have not done it effectiv ely enough, but let us not forget what we need to do on the front end.
[Inaudible interjections]
Mr. R olfe CommissiongCraig Simmons, only the other day in response to the 2.5 [per cent] wage i ncrease afforded to the BUT [ Bermuda Union of Teachers] , subsequently we had a similar increase afforded to the BPSU [ Bermuda Public Services U nion] members, but in the story attached to the …
Craig Simmons, only the other day in response to the 2.5 [per cent] wage i ncrease afforded to the BUT [ Bermuda Union of Teachers] , subsequently we had a similar increase afforded to the BPSU [ Bermuda Public Services U nion] members, but in the story attached to the award to the BUT, Craig Simmons noted that they have r eceived an increase of 2.5 per cent and they seemed very content with that. Of course, everyone would have liked to have seen more. But what was key for me was that he illustr ated that they have not had a pay raise in over five years. Craig Simmons stated that during that time the cost of living in Bermuda had increased by 12 per cent.
Mr. Rolfe CommissiongI repeat. Under the direction from the Honourable Member from constituency 2— [Laughter]
Mr. Rolfe Commissiong—Craig Simmons said that during that s elf-same period, that the cost of living in Bermuda had increased by 12 per cent. And if this is affecting by comparison fairly w ell-paid teachers and civil servants and lawyers and doctors and account-ants, then imagine what it is doing to those …
—Craig Simmons said that during that s elf-same period, that the cost of living in Bermuda had increased by 12 per cent. And if this is affecting by comparison fairly w ell-paid teachers and civil servants and lawyers and doctors and account-ants, then imagine what it is doing to those on low incomes. Imagine what income inequality is doing within these economically vulnerable communities and the households within them. That is why this Gover nment is just as keen on tackling this from the front end as we are from the back end. Because we know we
Bermuda House of Assembly can talk about, hey, making sure that the incidences of gun crime and the rest, gun violence and all that is reduced. But unless w e deal with the underlying causes driven by income inequality, and where racial disparity meets income inequality, we know we are just setting ourselves up for another round of the same. So you might have two or three of lull, but it always will come back because these are the realities that are informing and driving it.
Some Hon. Members Some Hon. MembersHmm. Yes.
Mr. Rolfe CommissiongWhen we talk about the drug trade in this community, we know that has been a trade that has been populated and dominated by young black men from working class low income fam ilies, not from the last 10 or 15 years, for the last 30 or 40 years. There …
When we talk about the drug trade in this community, we know that has been a trade that has been populated and dominated by young black men from working class low income fam ilies, not from the last 10 or 15 years, for the last 30 or 40 years. There is a reason for that. In some ways some are jocular . . . I have been describing it as being the “unofficial black economic empowerment pr ogramme” in Bermuda.
Mr. Rolfe CommissiongCome on! The impact, again, of income inequality is so pernicious that we ignore it at our own peril. I just want to share a couple studies , if I may, Mr. Speaker. And I just need to pull them up here.
Mr. Rolfe CommissiongEven in terms of education, I remember speaking to a group of educators, BUT members and the rest, and even in terms of our education system and some of the outcomes that really have perturbed the society and community for years, we ignore the fact at our own peril (I …
Even in terms of education, I remember speaking to a group of educators, BUT members and the rest, and even in terms of our education system and some of the outcomes that really have perturbed the society and community for years, we ignore the fact at our own peril (I say that again) , income equality is even affecting our educational outcomes , because countless studies show that in those societies with high levels of income inequality those students coming from homes of low social economic status will have lower economic achievements. That is a fact. But, you know, we want to ignore the evidence at our own peril and we want to ignore the evidence if it does not square with our misplaced sens e of what is conventional wisdom. Income inequality, studies again, I am not going to . . . I have a couple of them here, but I will have to figure . . . I do not want to waste time here. But I will certainly share them with Members if they need to have them. Income inequality, those societies with high levels of it . . . I have said this before. You get increased incidences of , what? Violence, illicit criminal activity , crimes against property. And let me tell you this. I talk about the intersectionality with race in Bermuda. You all know that all of these outcomes we are talking about are ringfenced around Bermuda’s black community. Not because they are morally deficient. Not because these people have no morals, but because this is what those types of soc ial economic forces produce! This is the real production of what we are dealing with here. So let us not ignore that. Let us stop projecting moral deficit onto these people on the fact that they [are] not rel igious enough or they are not this, and they are not that. Bermuda is a perfect environment, a test tube by which we can address these issues, because unlike in many islands to the south of us where the popu lation is fairly homogeneous racially, we know Bermuda has at least a 40 per cent resident white population and certainly probably around 27 [per cent] to 30 per cent in terms of white status population, we see none of these outcomes in that community. And when I say this to people, especially those who want to talk about moral deficit, If they only pulled up their pants , and if they only did this and they only did that, they go silent. If it was not the case, we would see the same outcomes proportionately within Bermuda’s white community. We do not want to see that. What we want to see is that our bl ack community can be enjo ying the same fruits of having a society that is not going to be punishing them with respect to the social ec onomic realities they face. That is the challenge before us. Mr. Speaker, that is why I must go back to . . . and the Mem ber from [constituency] 14 did the same thing to the Member from [constituency] 25 two weeks ago, former Minister Jeff Baron, and it is all connec ted. He gave us a litany of statistics that were chilling. The room went quiet, despite him being called out later, I think justifiably so, for a certain degree of h ypocrisy . But nonetheless, when he talked about black males make up 27 per cent of Bermuda’s population, but make up 98 per cent of all homicides over the last decade, and 100 per cent of firearm homic ides. There were a total of 191 inmates in all correctional facilities, including just three white Bermudians. [There are] 50 young black males who have been convicted in the past two years and will serve significant time behind bars. [There are] 25 young black males are now ser ving life sentences compared with 6 in 1986. Over the last 10 years, 226 Bermudians have relocated to Bri tain, including many young black males to avoid vi olence and gang tensions.
Mr. Rolfe CommissiongIt was in the Royal Gazette. 706 24 November 2017 Official Hansard Report Bermuda House of Assembly [Inaudible interjections]
Mr. Rolfe CommissiongAnd this is why I want people to understand what I am saying here. I am going to call this as a reflection of the “Pat Boone sy ndrome.”
Mr. Rolfe CommissiongPat Boone was a very popular white singer, a crooner, coming out of the 1950s in the US. He would take black music and he would record it and become wi ldly popular. He earned untold millions, but yet, the black writers and musicians who first mined that musical genre, …
Mr. Rolfe CommissiongYou see, if I would have said this, Mr. Speaker, many of their supporters [would say] , Well, here he goes, playing the race card again! Why can’t he stop trying to divide us? I heard that Member over two occasions over the last couple of years say, We need …
You see, if I would have said this, Mr. Speaker, many of their supporters [would say] , Well, here he goes, playing the race card again! Why can’t he stop trying to divide us? I heard that Member over two occasions over the last couple of years say, We need to have a real conversation. But he never specified what it was, did he? Never! Do you know what it was? It was, again, having that conversation about the big elephant in the room , about racism in Bermuda and its impact, and how our societ y can never be whole [when] all the burdens on the society are placed disproportionately on one group of Bermudians. That goes to the right. That goes to the heart of this problem. So, I am waiting for the Member from [consti tuency] 25 to come back and sa y, Look, I am prepared to stand and speak truth to power and I want to call it as it is, and that we do need a conversation around this issue. And we do need that conversation. But what we also need is to start legislating and shifting policy in a way to t ackle the high levels of income inequality [and] a high cost of living in this country. This Government has put forth some pr oposals that we need to address. One is the outstand-ing issue of the living wage (the work of the committee continues ); the reduct ion in the cost of living engendered by expanding the powers of price control of that commission . The Tax Commission that has been established, and so many more initiatives that I believe can begin the process of dealing with this very thorny and difficult issue. Mr. Speaker, I will just close by saying this. Two weeks ago I talked about the incidence of Ber-muda’s tax revenues in 1998 and how in 1998, the source being Goodman- Toder , a study that was commissioned by successive Finance Ministers, it showed that the lowest [income] percentile of persons in Bermuda paid 22 per cent of their income in taxes.
Mr. Rolfe CommissiongThat was in 1998. And then, as I said, when you get to the final two percentiles, at the highest [income] level s, while the lowest paid 22.0 per cent, and then the second lowest [paid] 20.9 per cent. At the other end of the spectrum, you had those who …
That was in 1998. And then, as I said, when you get to the final two percentiles, at the highest [income] level s, while the lowest paid 22.0 per cent, and then the second lowest [paid] 20.9 per cent. At the other end of the spectrum, you had those who were paying only 15.5 per cent. And at the highest [income] levels, 11.9 per cent. That was in 1998. You know that these figures are probably going to reveal, if we have this done again very soon, hopefully it will be, to have gone tremendously more skewed than they were revealed in this study. I went on to say that when one looked at Bermuda’s estimated distribution of income consum ption and savings by household income group in 1998, that it was projected that in 1998, 30 per cent of Bermudians were living pay cheque to pay cheque. The estimate now is at least 50 per cent. We know that unless Bermuda is serving all of its people, and unless we tackle these major racial disparities which are ea ting away at our society, we will continue to have these very damaging outcomes. [There] is no way we can avoid this. The status quo is not serving all of our people. And so we need to address these issues. Mr. Speaker, I just want to close with this.
Mr. Rolfe CommissiongAgain, I am going to leave this for our friends over the other side of the aisle, these comments again by Kevin Comeau, in light of the recent election of the new Leader. You know, I heard her say, Mr. Speaker, that she wants to see a more diverse OBA. …
Again, I am going to leave this for our friends over the other side of the aisle, these comments again by Kevin Comeau, in light of the recent election of the new Leader. You know, I heard her say, Mr. Speaker, that she wants to see a more diverse OBA. And I wonder, Mr. Speaker, when they had their party conference about 300- odd people, I believe, may have voted. Am I right? Just over that?
[Inaudible interjections]
An Hon. Member An Hon. Member[It was] 294.
Mr. Rolfe Commissiong[There were] 294. I wonder how many of those people who voted and were there, outside of the Members here, were African Bermudians. I wonder how many. [Inaudible interjecti ons]
Mr. Rolfe CommissiongOkay. They say a lot. Mr. Speaker, Kevin Comeau writing just after the election in the 1Royal Gazette, said this, and I 1 23 August 2017 Bermuda House of Assembly have read this before and I want to read it again, with your indulgence.
Mr. R olfe Commissiong“There were two seminal events during the OBA’s tenure that were bound to roil black Bermudians: the OBA’s appointment of Michael Dunkley as Premier and the Pathways to Status fiasco that followed. “While it is impossible for a white pers on fully to understand the myriad of ways black Bermudians …
“There were two seminal events during the OBA’s tenure that were bound to roil black Bermudians: the OBA’s appointment of Michael Dunkley as Premier and the Pathways to Status fiasco that followed. “While it is impossible for a white pers on fully to understand the myriad of ways black Bermudians think or feel about these racially explosive issues, I would argue that it is incumbent upon all those who care about the future of Bermuda to at least try to gain some baseline semblance of unders tanding by putting themselves in the shoes of a black Bermudian for a moment. “While the result may well differ for others, I can say that if my ancestors . . .” Now this is Kevin Comeau. We all remember the stuff he was writing about us, pre- 2012, 2007, 2006. I continue, Mr. Speaker, with your indulgence.
Mr. Rolfe Commissiong“While the result may well differ for others, I can say that if my ancestors had been enslaved and subjected to racial segregation for 350 years by a group of 40 families that controlled the country, and if I, myself, had been subjected to a r acial glass ceiling for …
“While the result may well differ for others, I can say that if my ancestors had been enslaved and subjected to racial segregation for 350 years by a group of 40 families that controlled the country, and if I, myself, had been subjected to a r acial glass ceiling for 25 years under a political party controlled by those same 40 families, there is no way in hell . . .” His words, not mine, Mr. Speaker.
The SpeakerThe SpeakerJust remember to watch your Parli amentary language.
Mr. Rolfe CommissiongThank you, Mr. Speaker. “I would ever vote for any political party that was controlled by members of those 40 families. “Further, if a new political party had gained my vote by promising an end to the United Bermuda Party and the rule of the 40 families, only to replace …
Thank you, Mr. Speaker. “I would ever vote for any political party that was controlled by members of those 40 families. “Further, if a new political party had gained my vote by promising an end to the United Bermuda Party and the rule of the 40 families, only to replace its leader after the election with a person who was not just a former leader of the UBP but also a scion of the 40 families, then I would not only feel betrayed but I would swear to never, ever again vote for that party. “Indeed, after the OBA’s unilateral appointment of Dunkley as Premier, all trust from the black community was likely lost. And it doesn’t matter that Michael Dunkley the individual is a good and honest man. There is simply too much racial history and black suffering to consider that a relevant factor. ” [Inaudible interjections]
The SpeakerThe SpeakerYou have two minutes. Mr. Rolfe Commissiong: —I hear the Member from [constituency] 12 say that, obviously , Mr. Comeau was playing the race card. Although with all the comments from the the OBA supporters beneath it, I am sure he is pretty sure that that comment was never used. …
You have two minutes. Mr. Rolfe Commissiong: —I hear the Member from [constituency] 12 say that, obviously , Mr. Comeau was playing the race card. Although with all the comments from the the OBA supporters beneath it, I am sure he is pretty sure that that comment was never used. I just want end with this. We have to bring an end to the world that Sir Henry Tucker created. It is still with us, politically. And what do I mean by that? I mean a world in which in an effort to navigate through the democratisation of Bermuda, driven by Bermuda’s black community, people like Roosevelt Brown and the Committee for Universal Adult Suffrage, and pr eceding that, Dr. Gordon and the labour movement and the progressive group with the segregation mov ement, the challenge from Bermuda’s white Anglo-Saxon community —
Mr. Rolfe Commissiong—its elite, was how can we navigate through the winds of democratisation that were blowing and maintain our dominance? That is the world of Sir Henry Tucker. That is the world we are still living in. If I have to answer to universal suffrage and maintain that dominance, then I …
—its elite, was how can we navigate through the winds of democratisation that were blowing and maintain our dominance? That is the world of Sir Henry Tucker. That is the world we are still living in. If I have to answer to universal suffrage and maintain that dominance, then I have to make sure I have a minority of black suppor ters to help me realise that ambition. And if we are go-ing keep organising ourselves on that side of the aisle based upon that premise, then we are going to keep ending up in the same place we are.
Mr. Rolfe CommissiongWe need change. And I want to send the challenge out to Bermuda’s white community today, Break with the past! The same stuff you have been telling us. Stop with the monolithic voting patterns. Stop having these black Bermudians fronting for you and stand up on your own. And let’s …
We need change. And I want to send the challenge out to Bermuda’s white community today, Break with the past! The same stuff you have been telling us. Stop with the monolithic voting patterns. Stop having these black Bermudians fronting for you and stand up on your own. And let’s have an honest conversation. That is the conversation that Mr. Baron should have been asking for, the conversation that he never demanded, and the convers ation that we still have not gotten.
The SpeakerThe SpeakerDoes any other Member wish to speak? I recognise the Honourable Minister from constituency 34, Minister Wilson. You have the floor. LAMB FOGGO URGENT CARE CENTRE Hon. Kim N. Wilson: Thank you, Mr. Speaker. 708 24 November 2017 Official Hansard Report Bermuda House of Assembly I just wanted to just …
Does any other Member wish to speak? I recognise the Honourable Minister from constituency 34, Minister Wilson. You have the floor.
LAMB FOGGO URGENT CARE CENTRE
Hon. Kim N. Wilson: Thank you, Mr. Speaker. 708 24 November 2017 Official Hansard Report
Bermuda House of Assembly I just wanted to just rise for a few moments during the motion to adjourn to address an issue that came up at the beginning of this [motion to adjourn], and that relates specifically to the temporary closure Lamb Foggo Urgent Care Centre. And I am actually encouraged to note that the observation was raised by the Opposition when, I don’t know, perhaps about three years ago this time, they were the ones antic ipating to taking steps to close the clinic. So I am glad to see that at least they are now concerned and recognise the importance of holding such a clinic open. Mr. Speaker, with your indulgence, if I could just read briefly the Bermuda Hospitals Board’s Public Advisory .
The SpeakerThe SpeakerGo right ahead, Minister. Hon. Kim N. Wilson: It says today, Friday the 24th, “The Bermuda Hospitals Board (BHB ) today informs the public that the Lamb Foggo Urgent Care Centre (UCC) will be closed this weekend due to an unantic ipated staffing shortage. The UCC will close at mi …
Go right ahead, Minister.
Hon. Kim N. Wilson: It says today, Friday the 24th, “The Bermuda Hospitals Board (BHB ) today informs the public that the Lamb Foggo Urgent Care Centre (UCC) will be closed this weekend due to an unantic ipated staffing shortage. The UCC will close at mi dnight tonight, Friday 24 November, and is expected to reopen at 4pm on Monday 27 November. ” The release goes on to say, “ BHB will extend its fast track service in the Emergency Department at the King Edward VII Memorial Hospital over the weekend to . . . accommodate people who would normally have attended the UCC [Urgent Care Centre] and others with non- emergency medical conditions . . . This temporary UCC ” (Urgent Care Centre, excuse me, Mr. Speaker) “ closure is to ensure adequate staffing to safely manage demand for all patients who require urgent or emergency care. BHB apologises for the inconvenience. ” Mr. Speaker, regrettably, you will note from the statement there are currently staff shortages wit hin Bermuda and the Bermuda Hospitals Board in particular as it relates to nursing staff. Unfortunately, there are staffing shortages for the nursing population worldwide. The Bermuda Hospitals Board has been actively attempting to recruit and bring up to speed the number of nurses that they require to run the Urgent Care Centre as well as the hospital. We are working with the Department of Immi gration to help to facilitate that process, but unfortunately it does take some time. As I have indicated, there is a shortage of nursing staff worldwide. But I would like to end on this note. I spoke a couple of weeks ago about the Health Workforce Planning review that Bermuda is undergoing now in conjunction with PAHO, the Pan American Health O rganization. That is due to be released shortly and it speaks about the need and the nature of the type of medical health care professionals we will need in Bermu da following this review. And, of course, one of them is in the nursing field. So I would certainly like to take this opportun ity to encourage those persons who are interested in pursuing the medical health care profession to look to the profession of nur sing. It is an admirable profession. It is one that is very, very well needed here in Bermuda and worldwide. And once that report is completed and published I will bring it back to the House to outline some of the other areas of need in Berm uda, as it relates to health care profession. So, if I can again end where I started, it is a temporary measure, a temporary closure only for the weekend from midnight tonight until 4:00 pm on Monday. It is a direct result of staff shortages. The hospital is doing everyt hing that they can do to increase the capacity of the nursing staff that they need for manning the hospital as well as the Urgent Care Centre. Thank you for your indulgence, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Does any other Member wish to speak? I recognise the Honourable Member from constituency 11, MP Famous. You have the floor, Honourable Member. GOMBEYS —NATIONAL TREASURE
Mr. Christopher FamousThank you, Mr. Speaker, and good evening to the people in the Gallery and the people listeni ng in. Mr. Speaker, those of us who come from Back o’ Town, or come from St. Kitts, the Gombeys have always been with us, not just recently. I am going to call …
Thank you, Mr. Speaker, and good evening to the people in the Gallery and the people listeni ng in. Mr. Speaker, those of us who come from Back o’ Town, or come from St. Kitts, the Gombeys have always been with us, not just recently. I am going to call off four names that are very legendary in the Gombey community. Terry “Termite” Simmons.
Mr. Christopher FamousI will leave that for others. I am saying that because although the Member to my immediate right made mention of her mot her, I never heard her mother’s name associated with the Gombeys in Back o’ Town, no disrespect, but — Hon. Jeanne J. Atherden: Point —
The SpeakerThe SpeakerPoint of order? Hon. Jeanne J. Atherden: Point of clarification.
The SpeakerThe SpeakerYes, we will take your point. Go ahead. POINT OF CLARIFICATION Hon. Jeanne J. Atherden: Mr. Speaker, I think that we need to be clear that Mrs. Louise Jackson worked with all of those troupes to make sure that their history was documented and so that everybody, whether they were …
Yes, we will take your point. Go ahead.
POINT OF CLARIFICATION
Hon. Jeanne J. Atherden: Mr. Speaker, I think that we need to be clear that Mrs. Louise Jackson worked with all of those troupes to make sure that their history was documented and so that everybody, whether they were Bermudians or other people, would be aware of the legacy, how they came, and they very much appreciated and r espected the work that she had done for them. Thank you.
The SpeakerThe SpeakerThank you, Member. [Inaudible interjection]
Mr. Christopher FamousSo, yes, in Back o’ Town, this illustrates Two Bermudas, Mr. Speaker. In Back o’ Town the Gombeys have always been the highest. We do not need someone to come along now and say, Yes, maybe we should elevate the Gombeys. So, I will leave that point alone. SUPPORT FOR …
Mr. Christopher FamousMoving along, Mr. Speaker. Today, walking from lunch with the Education Mi nister, we were stopped by a gentleman who emphat ically spoke to us about his plight on his job, trying to get union recognition where his employer is threaten-ing people’s jobs or changing people’s job titles to prevent …
Moving along, Mr. Speaker. Today, walking from lunch with the Education Mi nister, we were stopped by a gentleman who emphat ically spoke to us about his plight on his job, trying to get union recognition where his employer is threaten-ing people’s jobs or changing people’s job titles to prevent union recognition, which leads me to my point, Mr. Speaker. I am just going to refer to some notes.
Mr. Christopher FamousMr. Speaker, there are people in this country who often forget that the middle name of this party that we represent is the “labour” party. This labour party, for the last 50 years, with our union partners, has helped to bring in maternity leave, paid vacation, 52 weeks of redundancy …
Mr. Speaker, there are people in this country who often forget that the middle name of this party that we represent is the “labour” party. This labour party, for the last 50 years, with our union partners, has helped to bring in maternity leave, paid vacation, 52 weeks of redundancy pay, health and safety on the job, and pension plans for retirees, Mr. Speaker. Let us not forget, let us not get caught up and become Progressive “Legislation” Party. We are the Progressive Labour Party. And with that, I say this; we have a problem in this country, Mr. Speaker. I recently got some stats which were very disturbing. According to the [Berm uda] Trade Union Congress [BTUC] and Government Statistics, there are 33,400 workers in this country. Mr. Speaker, of those 33,400 workers only 9,000 are unionised. That would equate to roughly 75 per cent of the workers in this country, three out of four wor kers, are non- unionised. Now, there are those who would say, Well, you have the Employment Act 2000, which the PLP brought. But, let’s be real, Mr. Speaker. Whether it be in the hospitali ty industry or in professional industries, white- collar industries, or mid- level industries, there are employers in this country who, number one, try to circumnavigate immigration and labour laws to avoid hiring Bermudians. I am talking at the highest . . . and some would say the lowest levels of employment.
Mr. Christopher FamousI had yesterday a lady who has university degrees out the ying- yang come to me distraught. She has been hired for a job, but a Canadian is being put in her place, and qualified Bermudians have not even gotten an interview for this job, Mr. Speaker. [Inaudible interjections]
Mr. Christopher FamousFourteen qualified Berm udians. And because where that section is, is not u nionised, the union in her company cannot do anything. So what I say to the people is that the unions are there. We have a new immigration Minister that I know is going to put his foot …
Fourteen qualified Berm udians. And because where that section is, is not u nionised, the union in her company cannot do anything. So what I say to the people is that the unions are there. We have a new immigration Minister that I know is going to put his foot down, but more importantly, the people have to organise themselves. Do not be afraid. 710 24 November 2017 Official Hansard Report
Bermuda House of Assembly Whether you are Ber mudian or foreigners, get yourself unionised, because if you are not unionised, you employers will run roughshod on you.
An Hon. Member An Hon. MemberExploit you.
Mr. Christopher FamousYes, exploit you. Now, Mr. Speaker, I know there are some in here who do not li ke the unions, but here is what I have to say, right? I have been a blue- collar worker all my life. I have been labourer all my life. I have been a …
Yes, exploit you. Now, Mr. Speaker, I know there are some in here who do not li ke the unions, but here is what I have to say, right? I have been a blue- collar worker all my life. I have been labourer all my life. I have been a union member every day of my working life and there are obviously 9,000 others of us. So what I would say to people is, Please get unionised. You will find a union that is not just there to strike. Because some people’s concept of a union is, Oh, they just strike when the PLP tells them to strike. No. Unions are there to help people advance their professions, Mr . Speaker. I do not care if you are a mechanic, if you work in La Trattoria [Restaurant ], or if you in IB [International Business]. Everyone needs to advance their professions, especially as Bermudians. Right? The unions are there, Mr. Speaker, to ensure fair and equitable wages. Do you know, Mr. Speaker, a unionised worker makes more than a non- unionised worker? That is why many employers do not want u nionisation in their [businesses]. So, what I would say to those who are listening to me, those who are employed but non- unionised, seek out the nearest union. You got a union for industrial people, you got a union for professional people, you got a union for medical people. Seek those out, Mr. Speaker. Indeed. Mr. Speaker, I am going to close and say this. Recently, I myself was challenged on something as to my union membership. I had to show a certain individual the Employment Act 2000, which was brought here by the PLP, which showed that every day that I am in this House, the law allows me to be in this House. If the unions and the PLP in 2000 did not stand up for the workers, I probably would not get to be in this House, according to the law. So, I take this very personally when there are people who attack the unions, who denigrate the unions. I am not going to call any names, but I think over the last five years they saw that the unions are not going to back down from them. And, Mr. Speaker, I want to thank the unions, because over the last five years almost every issue that we have had with the previous Government, the unions have come to the forefront and stood up for the people of Bermuda. Now, people might get caught up in the individuals who may run the unions, but the issue is the people in the unions. It is the people of the unions. So, Mr. Speaker, I want to say thank you to the unions and I want to say to my colleagues on that side that the union stood up for us when we were down and it is our turn to stand up for the unions now. Thank you, Mr. Speaker. [Desk thumping]
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 30, the Deputy Opposition Leader. Deputy Opposition Leader, you have the floor. RAMIFICATION S OF CRIMINAL CONVICTIONS
Ms. Leah K. ScottThank you, Mr. S peaker. Mr. Speaker, I would like to speak to the comments from the Honourable Member from consti tuency 14. First of all, I would like to say that I abs olutely agree with everything he has had to say. [Inaudible interjections]
The SpeakerThe SpeakerSpeak to the Chair. Just gather yourself. Speak to the Chair, you will be all right.
Ms. Leah K. ScottThe second thing I would like to say is the importance of having a mentor. You cannot even . . . my son’s mentor was a drug dealer. I put him on the list for a Bi g Brother from the age of five. At the age of 18, he …
The second thing I would like to say is the importance of having a mentor. You cannot even . . . my son’s mentor was a drug dealer. I put him on the list for a Bi g Brother from the age of five. At the age of 18, he still did not have one. He was taken in by one of the drug dealers and he started out as a runner. And he got paid; he made a little bit of change. And, Mr. Speaker, you know, my son should be up there w ith Flora Duffy. My son was the number one junior triathlete in Bermuda.
Ms. Leah K. Scott[He] won the Front Street Mile. [He] travelled all over the world, running, swimming and cycling. When he got mentored, his mentor told him that he was doing a white sport, and black chi ldren do not do those sports. He would never get an ywhere. He would never make …
[He] won the Front Street Mile. [He] travelled all over the world, running, swimming and cycling. When he got mentored, his mentor told him that he was doing a white sport, and black chi ldren do not do those sports. He would never get an ywhere. He would never make any money. He would make more money selling drugs. My son started using drugs when he was 13, smoking marijuana. And he got in trouble in school. He finished at Port Royal and wanted to go Royal Academy, [but] he could not pass the exam to get in there because he had learning difficulties. [He] ended up going to various home schools. He went to tech, the education centre, and ended up going to George Junior Republic in Pennsylvania. And I thank God for Alfred Maybury who actually worked with me and make that happen, and the Government of Bermuda that paid every dime for my son to go to school. He came back to Bermuda and decided he was not going to abide by the rules of my house. And I told him, Well, if you are not going to abide by the rules, you can’t live here. So, he was out using drugs, doing whatever he wanted to do, and I ended up mov-ing and I left him in the house. I moved around the corner. And he was coming up to where I was living at
Bermuda House of Assembly night and taking money out of my wallet. I went to the grocery store one day and I am checking out and I have got like $300 worth of groceries and I know I have money in my bank account, and my card is d eclined. So, I said to the girl, Try it again. I know I have money in my account. He had wiped out every penny in my bank account to get high. It got so bad . . . and I did not realise that he was on crack. I thought . . . I do not do drugs . I ha ve smoked weed, yes; but I do not do the hard drugs. So, I thought that the weed was causing him to act like that. My son told me that he was home one day and he had some weed to sell and he had an eighth of crack, . . . or it was some street term. And he said that when he got up he looked at one and looked at the other and he said, Now, which one am I going to do today? And that is how he got hooked on crack. And I do not know if you know his father, but his father was a heroin addict. He died up Mount Hil l, in a shed with a crack pipe in his hand. He had a heart attack. So, I ended up selling my condominium to pay for my son to go to rehab in Florida, $10,000 a month. He was there for three months and he decided that he was not an addict and that he could just do drugs whenever he felt like it. On the day that I decided to be a candidate for the One Bermuda Alliance, I got a phone call . . .
[Pause]
Ms. Leah K. Scott. . . from my granddaughter’s mother. She is like, Momma, Momma, go to the telev ision. My son had been on a five- day crack binge. He robbed two old ladies. In Florida, there is a minimum mandatory law that if you rob anybody over 65, you have to …
. . . from my granddaughter’s mother. She is like, Momma, Momma, go to the telev ision. My son had been on a five- day crack binge. He robbed two old ladies. In Florida, there is a minimum mandatory law that if you rob anybody over 65, you have to do a minimum of five years in jail. He had committed a myriad of offences over a four - or five - day period, ending with a high- speed police chase with helicopters and everything. Fortunately, nobody was hurt. He was arrested and he is now . . . this is his seventh year in jail. He has got 11 years left. I am telling you this to say that your cry for mentoring needs to be heard by everybody. And for everybody who was saying Amen and Hallelujah . . . are you mentoring somebody? Are you giving up your time? You cannot make a difference sitting up here saying, Amen. Yes, it is a sacrifice. But if we want to see our young black men turned around, then we need our professional and other black men in their lives, inputting whatever it is. And you know what? The sacrifice of an hour a week or a weekend is invaluable if it means that you are depositing into somebody’s life and you are making a change. We cannot get change if we are not doing anything different. So, for the men in this House, if you are not mentoring anybody, then I throw the challenge out to you to find somebody to mentor. For the men in our community who are listening to this, or for the women who know men that have the time, get out there and do something with our young black men so that it is not the drug dealers that are depositing into their lives, it is not the gangs that are depositing i nto their lives. Because you know what? Our kids get into gangs and do these things because they are looking for valid ation. They are looking for confirmation. And if they are not getting it at home and they are not getting it from where they should be get ting it from, then they are going to get it where they can. It is our responsibility socially. We cannot sit up here and talk about our black men being deprived and not having opportunities if we are not sharing in their growth and their development. We c annot expect everybody else to do it. Yes, there are things that we can blame on race and class and all kinds of other things. But you know what? It has got to start with us too. So I throw down the gauntlet to all men in Berm uda, starting with the men in this House of Assem bly. Thank you, Mr. Speaker.
[Desk thumping]
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 36. Honourable Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker, I will not be long.
The SpeakerThe SpeakerThank you. INCOME INEQUALITY Hon. Michael J. Scott: I hear the challenge that has been cast out to us by the Deputy Opposition Leader. You know, look, Mr. Speaker, we have been watching this for long enough, and the Deputy Opposition Leader, as much as we empathise with the trials …
Thank you.
INCOME INEQUALITY
Hon. Michael J. Scott: I hear the challenge that has been cast out to us by the Deputy Opposition Leader. You know, look, Mr. Speaker, we have been watching this for long enough, and the Deputy Opposition Leader, as much as we empathise with the trials and tribulations of a mother with young sons caught up in abuse of alcohol, and as much as I empathise with it, I am not prepared to engage in ineffective wi ndow dressing. Because the issue is, Honourable Member Ms. Leah Scott (you bear my last name), the issue really is the accumulation of pay -cheque- to-paycheque living being projected to be at 50 per cent of the population target group that has been identified by Mr. Commissiong, persistent, unregulated, continuous increases in prices in this country, so that the other day we heard that we are the most expensive country in the world when wages are not going up. And the most vulnerable candidates for these condi tions and dealing with them are low income, in the majority black, population who have the homes in which these young black men are in and they are laying around in this country day in, day out. 712 24 November 2017 Official Hansard Report
Bermuda House of Assembly They are not just abusing drugs and alcohol and lying around and looking for handouts to get more drugs and alcohol because they are looking for validation. White peers of theirs have the ability to either have work or wealthy parents that create the balance for them to be validated. But our boys, primarily, are simply caught in a warp where they are in an opportunity -less job situation. And the meneur for this to continue to be a problem in our country is the ec onomic disparity. That is making it plain. We are not needing validation enterprises, or men of this Hous e— and women, indeed —mentoring our boys. When you have this litany, I mean, the 50 per cent projected for pay cheque to pay cheque . . . We have even had targeted legislation that has brought medical businesses in this country. That Bill that the current O pposition Leader brought that reduced the capacity of a black high- end medical business to function well in this country by reducing its income earning power for these imaging processes by two -thirds. . . think about the Julian Hall . . . I was in court the other day (to the honourable Mr. Cole Simons, my friend) watching a young Mr. Johnston argue in front of the Court of Appeal, a young 10- year-called black, bright, CJ-type of material lawyer struggling before the Court of Appeal where his P&I [protection and indemnity ] insurance had been declined by his offerors here in this country. All lawyers, all barristers must have it, otherwise your practicing certificate ceases. And by the time he went to other insurance companies across this country, he had been blackballed. He cannot practice. He cannot practice! So we will add that to the litany. Immigration insertions that I just heard I think it was the Honourable Member Mr. Swan speak of, someone mentioned it, and I have had constituents mention this, so it is a feature. So, Canadian friends come into a banking institution, untrained, [and] they are trained by an able black Bermudian. The job ends; the project ends, but because of friends and associ ations, that person continues to get . . . and I must talk to the Minister of Home Affairs about this. That person gets to continue the job and the black Bermudian who worked on the project is out of work. These are the dysfunctions. So I am giving you a litany of dysfunctions that are causing your home and my hom e, Honour able Deputy [Opposition] Leader, to increasingly be incapable of coping. And our young men who live in our homes are sponges. But not only are they spon ges; they are human. They pick up this diabolic diagno-sis in no time flat. They do not have to have it repea ted over and over by a parent who is lamenting being out of work, structurally, for years and years. They just pick it up. Your grandchild, former Opposition Leader, will pick it up. If you live this society under this dy sfunction . . . scratc h that, you do not have a grandchild. I see the Honourable Member . . . [Laughter] Hon. Michael J. Scott: But your potential [grandchi ldren] will pick up on these things. Any child, any child picks up on . . . any Bermudian child is going to pick up on t hese things. So this is where our responsibility lies. So, to the Minister of National Security, grappling with the gang culture and the drug situation where members of the community in Happy Valley are afraid to walk down [One Way] Deep Dale because of the awful events that took place there recently. And his lament that there is drug trade going on, these dysfunctions of drug trading going on are part and parcel of this litany of dysfunctions in our country. So we must address uplifting homes, economically. White kids have the cover, and black kids do not, and they are being nourished by the economic privation, and it drives . . . they are using their drugs or alcohol . . . and the white kids will use drugs and alcohol recreationally. And our kids escape from it into some type of functioning during the rest of the week. Our boys are in it persistently. Clinically it is bound to turn them into mush, bound to. There is not enough equality in the economic platform of this country to lift them out of it. So, this has become the mantra of the new PLP. This is our second iteration where we have talked about these Two Bermudas. It may sound cheesy and quirky, but it really is the reality. It really is the reality, and it is tragic. And we do not need gi mmicks, I say with the greatest of respect to you, Ho nourable Madam; gimmicks in the sense that we are engaging in a ploughing of the sea. We need the ef-fects to be taking place where they make sense and where they will be effective, and it requires an equalling up . It requires equalling up! And then we will have real democracy, then we will have real opportunities created, and then we will have racial harmony because there will be respect and self -respect. Just like the gentleman, Mr. Branco, whom I referenced earl ier this morning, who was congratulating the Mental Health Court for assigning compassion and dignity to people charged, caught up in mental health issues appearing in our courts. Today the jud icial system treats these candidates, these clients, with digni ty, compassion, [and] discipline to move them from one point of disablement to higher levels of enablement to live in our country. These are our struggles. And, you know, earlier today I heard us commending ourselves and pa tting ourselves on the back because as the Opposition PLP led by our young Premier, whose birthday was yesterday, so he is . . . and he is still young even after a birthday. We were congratulating ourselves, but my god, the amount of work that we still have to do. My god, the amount of c hallenges we still have to lift , quite apart from the fiscal ones that the Honourable David Burt has to deal with as Minister of Finance, assisted by his Junior Minister and the team over there. Quite apart from those things. And he is getting
B ermuda House of Assembly help. I am thrilled to have been able to support Mini ster Caines in this and any other effort to try and i ncrease and improve the fiscal picture. But apart from that, the social ones remain with us. And we have been talking about them, the former Opposition Leader, [Patricia] Gordon- Pamplin. We have been talking about them ever since I have been looking at you, whether on this side of the House or from on that side of the House looking at you here, and we must address it. We must address it! It is causing a great, great stain on our young people. It is making them hopeless. It is causing them to engage in . . . and you know, we do not have the luxury to just say, Stop selling drugs in the street. I have got to the point where, first, I start here. I understand where you are. I absolutely understand where you are. It behoves me to begin to address as a policymaker or member of a team that has the r esponsibility today to make policy. It starts with the things that we have begun to do in this new admi nistration, which is c reating a more equal and perfect union in Bermuda. Thanks.
The SpeakerThe SpeakerThank you, Member. I recognise the Honourable Member from constituency 28. You almost lost out.
The SpeakerThe SpeakerYou have the floor, Member. PUBLIC SCHOOL SYSTEM
Mr. Dennis Lister IIIOr goodnight, that is what I should say. Mr. Speaker, first, I want to start by saying that this week we saw in the newspaper the celebr ation of 20 years of CedarBridge Academy. CedarBridge Academy celebrated 20 years from 1997 to 2017, Mr. Speaker, which is very good and …
Or goodnight, that is what I should say. Mr. Speaker, first, I want to start by saying that this week we saw in the newspaper the celebr ation of 20 years of CedarBridge Academy. CedarBridge Academy celebrated 20 years from 1997 to 2017, Mr. Speaker, which is very good and it is com-mendable. We have seen the school progress from its first years going through some troubles to where it is now to where it has become a centre of excellence producing students that have gone on to come back to participate and give back to society. But I want to turn that around a bit, Mr. Speaker. In the 20 years that CedarBridge has been in existence, we have seen an increase in gang activity, an increase in antisocial activity, an increase in crimes in the black community, Mr. Speaker. If we can go back a short time in history, about 25 years or so, be-fore there was a Westgate [Correctional Facility ], there was Casemates, Casemates Prison, which is far from what we have today at the Westgate “Hotel”, Mr. Speaker. Casemates Prison had a population of, I would say, less than 50 per cent because at that time prison was a deterrent in Bermuda. You went to pri son, you served hard time. You lived in a cell, Mr. Speaker. What we have nowadays [at] Westgate is . . . you have three square meals, you know, it is a vac ation resort, per se. But let me get to my point here. [About] 25 years ago, Mr. Speaker, the present . . . or at the time that Government, the UBP, sought to change our school system. T hey went around to England, Austra lia, Canada, and to America to study their school sy stems. The school systems at the time, three of the countries that they studied, were doing away with, or getting away [from] the middle school system. But for whatever reason unknown, that we do not know, they decided to take on this middle school system and do away with the local system that we had at the time, Mr. Speaker. At that time, Mr. Speaker, we were producing in the public school system, young students that wer e graduating and they would come back and they were able to be successful. But we did not have as much of the negative influences that we have nowadays. And I say this because if you look at the prison population today, which my honourable colleague, the Minister of National Security, said, it is 150 or so prisoners, which is about 90 per cent of the [capacity], or so. And there has been a time in the past 10 years, Mr. Speaker, where our prison has been overpopulated, where we have had prisoners that [are] in other sections of the prison because that section that they are supposed to be in was too full. And I say this was by design, Mr. Speaker, that 25 years ago when we got rid of the previous school system we had, those that did this knew what was to come, which was the gang system and the gang culture, because by taking localised schools and putting them altogether into one mega school, Mr. Speaker, you will create this “me against you”, “us against you” mentality. Because when you have students coming from Sandys Secondary, at the time Warwick Secondary, Northlands [Primary], Whitney [Institute Middle School] . . . one down from St. George’s. I am not from St. George’s, so I cannot r emember. St. George’s Secondary. Mr. Speaker, when you bring all these students together you bring their territorial issues. And in the first three to five years of CedarBridge this is what we saw, Mr. Speaker. I did not go to public school, but I am at that age where I would have been the first to be in that school system. And I remember talking to my friends who went to public school and they used to tell me about the big fights, the big riots that went on almost every day up at CedarBridge. Again, you ask yourself, If those that were behind this knew what was to come, why would they go ahead and implement this system?
Mrs. Patricia J. Gordon-P amplinPoint of order, Mr. Speaker.
The SpeakerThe SpeakerPoint of order, yes. 714 24 November 2017 Official Hansard Report B ermuda House of Assembly POINT OF ORDER [Misleading]
Mrs. Patricia J. Gordon-P amplinYes, I think the Honourable Member may inadvertently be misleading the House. Because I think it is important to understand that there was not a Government. There was a particular education planning team comprised of 12 subsets and each of those subsets was populated by people from across the spectrum …
Yes, I think the Honourable Member may inadvertently be misleading the House. Because I think it is important to understand that there was not a Government. There was a particular education planning team comprised of 12 subsets and each of those subsets was populated by people from across the spectrum of our community. And it was based on their recommendations with r espect to the middle school system. So it was not . . . I just wanted to make sure that we did not have e ntrenched misinformation—
Mrs. Patricia J. Gordon-P amplin—a s a result—
The SpeakerThe Speaker—I— [ Inaudible interjections] Hon. Michael J. Scott: I have a counter point of order. And it is a point of order, and with your permission, Mr. Speaker?
The SpeakerThe SpeakerYes. POINT OF ORDER Hon. Michael J. Scott: Of course, I accept the former Opposition Leader’s analysis. We all watched it. But the adoption of it . . . these policies only get started by these “supposed” structures. It was in the mouth of Mr. Lister, the Honourable Member who …
Yes. POINT OF ORDER Hon. Michael J. Scott: Of course, I accept the former Opposition Leader’s analysis. We all watched it. But the adoption of it . . . these policies only get started by these “supposed” structures. It was in the mouth of Mr. Lister, the Honourable Member who is speaking, to say then that this was not necessarily only the Government but it was the structure. This was a bad structure, including the lead- up to the structuring of that panel. [ Inaudible interjections] Hon. Michael J. Scott: That is right. Started by . . . I remember it was Gerald Simons who was the Educ ation Minister who got us started all on this. But we should not have started there. We should not even have begun there, is the point.
The SpeakerThe SpeakerThank you for both points of order. Member, continue.
Mr. Dennis Lister IIIThank you for my honourable colleague, Mr. MP Scott, for adding some information to that. But to what he said, Mr. Speaker, the Gov-ernment has the final say as to what is done, the i nduction of the school programmes and school curric ulum. But to get to my point, …
Thank you for my honourable colleague, Mr. MP Scott, for adding some information to that. But to what he said, Mr. Speaker, the Gov-ernment has the final say as to what is done, the i nduction of the school programmes and school curric ulum. But to get to my point, Mr . Speaker, we have seen over that 20 years the escalation of gang men-tality and young black men, in particular, going down a negative road. We have heard the statistics from MP Commissiong, and MP Minister Caines’ earlier [com-ments], of the result of this, Mr. Speaker. But again, to what I say, at the same time you were implementing this school programme, you built a new prison which has a larger [capacity] than the previous one. And, Mr. Speaker, it might not be (what do I want to say?) evident from looking right at it, but if you know what the outcome is of the system that you are implementing, and you still going to do it, it has to be somewhere in your psyche, Mr. Speaker, to say that you were planning for this downfall knowingly. And that is what we have seen today, Mr. Speaker. And that is why in our platform where we go to phasing out this present system to go back to, or bring in the old relevant system of localised schooling . . . that is why I stand behind that. As member of the younger generation where I have seen first -hand, and know people, and have seen the negatives of it, that is why I support it. B ecause it will change, Mr. Speaker, and it will set our young people back on the right path, knowing that —
An
Hon. Member An
Hon. MemberHear, hear!
Mr. Dennis Lister III—they do not have to worry about a gang mentality going to school. Mr. Speaker, I know friends of mine who went to CedarBridge but they could not go to a class because [if] you are from one place and [if] you have a class with guys from another place, …
—they do not have to worry about a gang mentality going to school. Mr. Speaker, I know friends of mine who went to CedarBridge but they could not go to a class because [if] you are from one place and [if] you have a class with guys from another place, [and] if you are in there by yourself, you cannot go to that class because you are at risk of being jumped. So you do not go to class; you end up skipping school. After a certain period of time, if you miss too many days of school you are . . . I am not sure exactly the steps in process, but you get penalised and some guys just drop out alt ogether. So this system was a perpetuation that was put in place with the result that we see today, Mr. Speaker. Also, Mr. Speaker, when I was coming up I could look around and I saw lots of young black men owning their own businesses, trade businesses. I grew up and had a friend that had a plumbing bus iness. You have others that have carpentry, tiling. Mr. Speaker, we do not see much of that nowadays. Very few young black men have the opportunity to say, When I get out of school, I want to open up my own business, because the opportunity is not there. And also because, yes, they are taught it in school, Mr. Speaker, but the next level of learning how to run your own business is not taught in the school. So, it is good to know how to be a carpenter. But if you are not taught how to run a business, the accounting side of it, you will fail at your business. So that is where, again, in our platform, bringing in to our
Bermuda House of Assembly school curriculum teaching entrepreneurship, how to own your own business and run a successful bus iness, Mr. Speaker. Because the only way to empower yourself, and as MP Commissiong stated earlier with the income inequality, to close that gap most peopl e look to open their own business because that is a way of financial freedom. So, again, we have to implement in our school curriculum ways for these kids to know that you [do not have to be] just be a mechanic, but you can own your own business and succes sfully have your own mechanic [business]. So, again, I just want to reiterate and confirm everything that we have put in our platform, Mr. Speaker, to correct and go about fixing our school system to give our young children better opportunities and better exposure to opportunities in their life.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 10, the Honourable Member Dunkley. You have the floor. ACCOUNTABILITY Hon. Michael H. Dun kley: Thank you, Mr. Speaker. Mr. Speaker, to honourable colleagues, I think it has been a very interesting motion …
Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 10, the Honourable Member Dunkley. You have the floor.
ACCOUNTABILITY
Hon. Michael H. Dun kley: Thank you, Mr. Speaker. Mr. Speaker, to honourable colleagues, I think it has been a very interesting motion to adjourn tonight with a number of heartfelt speeches on behalf of Members. I wanted to speak just for a few minutes just to move on and c arry on the flow of what we were discussing. I certainly was appreciative of the comments by the Minister from constituency 14, and very moved by comments from my honourable colleague, the Deputy Opposition Leader, on the challenges that she has had with her son. Mr. Speaker, it started me to reflect, because I have been thinking about this point for some time. It is all about accountability. I think one of the challenges that we face in a small community like Bermuda, because let’s admit it, we are only 21 square miles, about 65,000 people, that is a small town in the United States where they have some of the similar challen ges we have. And one of the specific challenges we face when it comes to progress in many areas and accountability is, because we are small community, people within our community are afraid to speak about issues that impact our future and critically impact fam ilies and communities. Because we are small, we do not want the pushback that might take place. Let’s face it, the Deputy Speaker calls ever yone “cousin,” and that is not without, I believe, some foundation. Because even though some of us come from different backgrounds from some of the islands in the Caribbean [and] some have British descent, we have been in Bermuda, many of us, f or years and years and years that we are so intertwined, that if we do not have that family relationship, it is close enough to be family. And so it is hard to speak real talk about some of these issues because it is on the doorstep. A si mple example was w hen I was growing up, if I got off of the bus two or three stops before my house, my mother always knew where I got off the bus long b efore I got home because people would say, I saw him down the street. I saw him doing this. I saw him doing that. But we h ave moved away from that because we take this attitude that I do not want to snitch on pe ople. But having that attitude about snitching has hurt our community. Because slowly but surely some of the values that we had that were strong and strengt hened our c ommunity have slipped because we have not pulled people up on it. And so when my honour able colleague from constituency 30 talks about ever yone should a mentor, that is a good call, Mr. Speaker. But I would not want to see everyone being a mentor because w hat type of values would they teach our young people who need to strengthen the core character that they have? And so it is good for us to have a call for action, but we need to make sure that that action is going to be rooted in some concrete to allow them to form a foundation that they will live with for life. So, accountability is big key. The Honourable Member from constituency 28 talked about the school system. And, you know, I hear what the Government says about the middle school system and wanting t o make change. But, Mr. Speaker, I look at it from a bigger perspective. It is a perspective of accountabi lity. We cannot have it on two fronts. We cannot talk about the good 20 years that CedarBridge is having, and then in the next breath downplay some of the work that has taken place. The system was put in with good intentions, and perhaps a lot of the shortfall has been because we have not upheld the standards that we need. And for us as Members of Parliament, that is a serious accusation, because when w e come to this place to do business, if we all raised our game and we are more accountable for what we did, as leaders in the community, I think it would rub off on the people who we serve and the people who look to us for gui dance. You know, it is about accountability. It is about not making excuses for where we went wrong, but seeing how we can improve it going forward. You know, I have a motto where I work, Come in and tell me about the challenges, but I don’t want a moan show without some solutions before you go. And I say that with all sincerity, Mr. Speaker, because we can all sit back and criticise, and I was doing it last night watching my Dallas Cowboys take licks. But I was not helping the situation. And so in a small community like Bermuda, now mo re than ever it is important that we rally t ogether and are held accountable for what we do. And it is the little things, Mr. Speaker. As politicians, we agree on a lot that has happened. Today in this House we had four pieces of legislation and generally there 716 24 November 2017 Official Hansard Report
Bermuda House of Assembly was agreement throughout all of those four pieces. But what the public we serve will remember is when we argued, some of it frivolous, some of it was pert inent. They will remember that. They will not take away that we agreed, basically, on all four of those things. And so we have to find a way in our community of bringing that accountability back but also, Mr. Speaker, focusing in on the positives on how we move forward and not get caught up in the negative and how we are going to fall back. We have some real challenges. We have some real challenges in our community with family because we are under siege. Yes, many of our fam ilies are under siege for [reasons] that Members on both sides have talked about. But we are not going to move forward unless we uphold some of the standards that are important for us. So, I thought it was important that I say just a few words at the end because accountability is always key. And we cannot let those standards continue to slip, Mr. Speaker. And if we hold them up, ev en to our family and to our closest friends, I think we are going to be in a better position. And I know it is hard b ecause when you call somebody up on them, and lay it out, you still see that person day in and day out. And perhaps just with a little side move of the head, they show you that they did not like being called out when you are really trying to lift them up, Mr. Speaker. So I think we have to live and learn and we have to be accountable, and yes, more of us do need to step forward and be mentor s. But when we do it, we need to make sure that we can bring the values to the people we are trying to help that will last for a lif etime. Because in the world that we are living in now adays with the social media we have, and anyone can get information fro m anywhere, you need to have a foundation that is really faithful for us to move forward. So, Mr. Speaker, with that I ask Members to reflect on what we talked about in the motion to ad-journ but also to talk about raising the accountability that we all br ing to the table. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member wish to speak? Deputy, are you going to close out on behalf of the Premier? Well, one of your Members is on his feet, would you like for me to take him or y ou want us to go home a little early? …
Thank you, Member. Does any other Member wish to speak? Deputy, are you going to close out on behalf of the Premier? Well, one of your Members is on his feet, would you like for me to take him or y ou want us to go home a little early? I do not mind going home earlier, you know? Aw, we are not going home earlier. Member from constituency 2, you have the floor.
PLP BLACK TIE GALA —MICHAEL LEE -CHIN, GUEST SPEAKER
Mr. Hubert (Kim) E. SwanThank you, Mr. Speaker. Mr. Speaker, I only want to speak today to bring attention to a very outstanding event that took place last week Saturday. And the reason why I feel it necessary to speak to that event, in particular, and I am speaking in particular to the 800 …
Thank you, Mr. Speaker. Mr. Speaker, I only want to speak today to bring attention to a very outstanding event that took place last week Saturday. And the reason why I feel it necessary to speak to that event, in particular, and I am speaking in particular to the 800 people who gat hered at the Southampton Princess for a gala banquet in which a most outstanding speaker presented. And it is not partisan or party -pumping, or the like, it is the absence of what was uncovered in one of the large institutions in this country, an organisation that makes it a point of being here every Saturday, every Friday, into the evening, and records. It is poignant because to have 800 people in the Fairmont Southampton Princess, or the Sout hampton Princess, whatever name it is referr ed to, as one lady who has worked there for 30 or 40 years said, that reminded me of the time when the IBMs and the like used to fill that ballroom and banquet room. So, I think it is important to pay respect where it is due. Mr. Speaker, also on that evening was a ke ynote speaker who gave remarks that reflected his humble origins and showed how hard work, his hard work, paid off. But it did not end there. He reflected on the people that influenced his life. He took note of the impediments that impacted his grandparents and parents, and made note and reference (as it was in the preamble that came prior to his speech) and pointed out how the type of business that he conducted allowed him to be very successful in his native land of Jamaica. I speak of Mr. Mic hael Lee- Chin, of which, save and except for a very fine article written by one of our Honourable Members that makes contributions in the daily, there was no ink afforded. His business interest, I am told, will extend to Bermuda and I look forward with great interest to see how that mantra can lend itself favourably, Mr. Speaker.
INCOME INEQUALITY
Mr. Hubert (Kim) E. SwanMr. Speaker, I just want to touch on the [subject by the Member] that just sat down, who made reference to not making excuses and acc ountability. And I just wanted to applaud my colleagues who spoke this evening on the motion to adjourn, particularly, Minister Zane De Silva, Minister …
Mr. Speaker, I just want to touch on the [subject by the Member] that just sat down, who made reference to not making excuses and acc ountability. And I just wanted to applaud my colleagues who spoke this evening on the motion to adjourn, particularly, Minister Zane De Silva, Minister Caines, and Member Commissiong, who did very well to articulate very sensitive and pertinent problems that impact Bermuda. It is easy when you speak on politics to find the type of language that cause people to say, Yeah, yeah, right , and shake their heads. But it is a little bit more difficult to look at critical facts and to put them into proper perspectiv e, as the Honourable Member Mr. Commissiong was able to do. I do not want us to negate or ignore how si gnificant that presentation was. I felt the challenges facing Bermuda, as he articulated the difference between the front end and the back end way of addres sing problems. In my respectful opinion it is the way in which we need to really tackle our social problems
Bermuda House of Assembly that we have in Bermuda. We need to look at the front end and the back end as they impact the most vulnerable, the young people, in our community . He understands, articulates, and makes no excuses about the fact that it is the black community who are reeling and have felt the brunt. When you look at the black community you see the number of black males who have fallen by the wayside and you see how many black males are overlooked for job opportunities which would help them uplift their families, and you see the knock -on effect of how that impacts the black community. I often say, had those types of detrimental impacts been directed toward the white community we would have had the proper types of social analysis in much the same way people look at the impact of economic downturns, how they can turn around their businesses. And that is where the Honourable Member, the Minister responsible for National Security, was, in my opinion, on the centre court. And the Honourable Member, Mr. Commissiong, right there dealing with this particular issue as it truly is. And we can all look at the antidotal impacts of it, but it takes a different type of mind- set and appreciation to get down to the root cause of what is really impacting and really at play in this community. And that is what our Gover nment is prepared and committed to look at. We owe it to Bermuda to do it. And I urged the Royal Gazette, represented here by a young man, to start apportioning some of its ink in the manner in which it is going to best facilitate Bermuda going forward. Because if Bermuda has suffered from institutional and white privilege, as has been espoused by many social scientists, and if inst itutional racism is as real as people want to say, selectively, and departmentalised, then we must look at all of our institutions. And we cannot let that business institution and the mind- set it represents go without challenge. It has a responsi bility to call out the Opp osition, as it was prepared to do in the daily this week. Who knows which side of the sides that exist in the Opposition [that] the daily is representing. But by omission is was derelict in its duty by not reporting on the speech of Mr. Michael Lee- Chin. And the outpouring of support that the PLP enjoyed not only on July 18 th, but continues to enjoy at this time as reflected in our banquet just last weekend. Yes, we still very much are in our honeymoon period, whether persons oppos ite want to appreciate it or not, and rightfully we should. Why? Because it is not that common that we would come back here in a September, Mr. Speaker. In many instances if a House went down because it was called by the previous Government and they lost the Government we could have very well just been in our second sitting today, even debating the Throne Speech. But we rolled up our sleeves and went to work. And I am very proud of our young team and I am very proud to be a part of the team. But if we need fairness, and I did not see it displayed by the Royal Gazette as they did not do justice to what did take place in this country. And irrespective of whether or not people liked the result, the one thing I have always learned in politics is the voter gets it right. And you must give credit where credit is due. And Mr. Commissiong, Honourable Member, I give you credit for the amount of work that you do to r esearch a subject that many can afford to bring down a modern- day Dorothy Newman, or a Dr. Swain, Princ eton connection and the like, or some other social sc ientist who would do Bermuda and study Bermuda’s social problems because the plight of young black males in particular is an epidemic. [Inaudible interjection]
Mr. Hubert (Kim) E. SwanAnd as my honourable colleague says, and now women . And it is far greater than any of our individual experiences, although our individual experiences are important. That is what gets us here and we all must be respected individually for our different journeys to be here. If the collective …
And as my honourable colleague says, and now women . And it is far greater than any of our individual experiences, although our individual experiences are important. That is what gets us here and we all must be respected individually for our different journeys to be here. If the collective problem in Bermuda could be solved with just being accountable, it would have been solved a long time ago. It is systemic, Mr. Speaker.
An Hon. Member An Hon. MemberIt is generational.
Mr. Hubert (Kim) E. SwanIt is generational. And I have lived long enough to know, as I shared with persons the other day, my great grandmother was born in 1867. There are people in this hall today that know that great -grandmother and great -grandchild parents exist right now. So the timespan between a …
It is generational. And I have lived long enough to know, as I shared with persons the other day, my great grandmother was born in 1867. There are people in this hall today that know that great -grandmother and great -grandchild parents exist right now. So the timespan between a great - grandmot her and a grandchild is not that long in real terms, and the mind- sets are passed down through generations. So whether Honourable Members want to admit it or not, the mind- set of 1867 has a bearing on 2017 in a real way. And unless efforts are put in place to counteract that, much of it still exists. And because it benefits some persons . . . I am trained in a sport that prides itself on fairness by its rules and re gulations. And in this country we need institutions and the representatives of institutions t o look out for fai rness. Not the fairness that makes it good for them, but the fairness that makes it good for generations to come. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member, from constituency 2. Let me just make one reminder here. The m otion to adjourn is actually opened by the Premier, so even if you speak now Deputy, other Members can speak because the Premier was the one who opened the motion to adjourn, not yourself. So, …
Thank you, Member, from constituency 2. Let me just make one reminder here. The m otion to adjourn is actually opened by the Premier, so even if you speak now Deputy, other Members can speak because the Premier was the one who opened the motion to adjourn, not yourself. So, you will not close it by speaking. So, you can speak now. I will recognise you now; but you will not be the one to 718 24 November 2017 Official Hansard Report
Bermuda House of Assembly close the House if other Members want to speak. Okay? You are yielding? Okay. The Honourable Opposition Leader, you have the floor. Hon. Jeanne J. Atherden: Mr. Speaker, I am not going to speak a long ti me.
The SpeakerThe SpeakerThank you for that. Hon. Jeanne J. Atherden: And I am quite happy after I speak if the . . . [Inaudible interjections] Hon. Jeanne J. Atherden: Okay. Well, then I guess there is going to be lots of speakers, so I thought we were clos ing on a good …
Thank you for that. Hon. Jeanne J. Atherden: And I am quite happy after I speak if the . . .
[Inaudible interjections]
Hon. Jeanne J. Atherden: Okay. Well, then I guess there is going to be lots of speakers, so I thought we were clos ing on a good side. But that is okay. Mr. Speaker, I think that there were just a few observations that I wanted to make with respect to the conversations that we have had tonight. I think that there have been lots of indications of what we should be doing in this House and in Bermuda in terms of trying to address critical issues which the Bermuda people are dealing with. And I think, on the one hand, we have had what I call the “two sides.” We have talked about some things which are positive to try and get Members of the House and the community to f ocus on positive issues ; but at the same time we have had some recognition of some critical things which we have to deal with because Bermudians are suffering. It just reminded me that in this House we are all w orking for the people of Bermuda. Whatever we do, whatever side we are on, we are doing things for the people of Bermuda. And I cannot remember where I read it, but I do know that I saw a very extensive coverage of the Progressive Labour Party’s banquet. A nd I took the opportunity to read about your speaker because to me I am always one of those people that you can learn something from everywhere. And I was impressed by the fact that he was coming, that he was taking this bank over, and all the things that he was doing in J amaica, because I thought we all have to learn different things from different people because whatever res onates for one person does not always resonate for the other. But we always need role models here to make us strive to do better and make us strive to achieve things in Bermuda. So I reminded myself that when I heard some of the speakers talking about the black community and talking about the plight of our young black men and our young black women, I remembered that the Opposition (when they were the Opposition) was getting ready to prepare for the election they made such a big point about reaching out to those who were suffering. And at that point in time they recognised that it included white people as well. So in my mind it was just s o much of what I call something more unusual. I know the party has always reached out to the black community, but I thought to myself, They have now started to embrace [the fact] that white pe ople are hurting in Bermuda. Lots of people in Bermuda are hurt ing at that particular level and I think as we go forward we have got to stop this thing of focusing on one particular part of the community because ever ybody out there . . . when I think about people at the lower end of the spectrum when we talked about t he working poor, the working poor have many people in their . . . black, white, Portuguese—
The SpeakerThe SpeakerPoint of order? Yes. POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongThe Member is misleading the House. Either we are going to have an evidence - based conversation or not. Now, do you want to have an evidence- based conversation or not? Let’s not be misleading, because proportionately speaking—proportionately speaking— Hon. Jeanne J. Atherden: I am not sure what the point …
The SpeakerThe SpeakerMember, let me ask you this. If you want to make a point of order, make a clarification so we all understand what your issue is on it. You just said—
Mr. Rolfe CommissiongProportionately speaking, we do not have a level of white poverty as you have in the black community. Black Bermudians are dispr oportionately represented under most all of these cat egories. [Inaudible interjections]
The SpeakerThe SpeakerOkay. Thank you, Member. Continue, Ma’am, Oppositi on Leader. Hon. Jeanne J. Atherden: Thank you, Mr. Speaker. I will continue with what I said.
The SpeakerThe SpeakerYes. Hon. Jeanne J. Atherden: That I believe that as we go forward we have to recognise . . . I am not talking about the . . . it is like saying that you are looking at a bucket and saying, How many people are in there? I am …
Yes.
Hon. Jeanne J. Atherden: That I believe that as we go forward we have to recognise . . . I am not talking about the . . . it is like saying that you are looking at a bucket and saying, How many people are in there? I am saying that if we recognise that we have people at those levels and we want to do whatever we can for
Bermuda House of Assembly Bermudians, I do not want to turn around and start to talk about trying t o improve the lot of one group or another.
An Hon. Member An Hon. MemberOoh! [Inaudible interjections] Hon. Jeanne J. Atherden: Everybody in Bermuda has to be recognised—
The SpeakerThe SpeakerMembers! Speak to the Chair. Let her speak to the Chair, please. Hon. Jeanne J . Atherden: Everybody in Bermuda has to be recognised as having the need for some measure of improvement. And whether those i mprovements be in terms of finances, whether they be in terms of education, …
Members! Speak to the Chair. Let her speak to the Chair, please.
Hon. Jeanne J . Atherden: Everybody in Bermuda has to be recognised as having the need for some measure of improvement. And whether those i mprovements be in terms of finances, whether they be in terms of education, all of those items as we go forward I want us to try and do some of these things because you do not want to suddenly think that only one group can turn around and focus on this. That is so short -sighted from the point of view of saying that if we all in Bermuda do not try to do everything for ev erybody in Berm uda, we are going to have this back and forth of not having what I call the type of collaborative and the type of reaching out and going forward and saying, What can we do together? And that is all I was trying . . . the point that I was trying to make tonight is that it is important for us to work together for the people of Bermuda, and just because we are on this side of the House does not mean that we do not recognise that the things that could be done . . . and when we participate in, whet her it be in c ommittees, whether we participate in pr ojects, it has to be on the basis that we are trying to do things for all of Bermuda. And I just wanted to recognise that being critical sometimes is good because it reminds us that we can do things better. And also, sometimes being passionate and positive means that we at least appreciate the fact that there are issues out there and we do not want people to feel that b ecause we are not saying something about it that we do not recognise that it exists. Because sometimes if you do not talk, people think that you are not hearing them and you are not listening. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Member. Does any other Member . . . we recognise the Member from constituency 23, the Honourable Member Gordon- Pamplin. You have the floor.
Mrs. Patricia J. Gordon -PamplinThank you, Mr. Speaker. Mr. Speaker, I am going to be very brief with my comments.
The SpeakerThe SpeakerThank you. LAMB FOGGO URGENT CARE CENTRE
Mrs. Patricia J. Gordon -PamplinFirstly, I wanted to commend the Honourable Member, Susan Jackson, my honourable colleague from constituency 24 on her observation with respect to Lamb Foggo, because I think it is important that this matter be brought up. I also thank the Honourable Minister, Kim Wi lson, for explaining and identifying what …
Firstly, I wanted to commend the Honourable Member, Susan Jackson, my honourable colleague from constituency 24 on her observation with respect to Lamb Foggo, because I think it is important that this matter be brought up. I also thank the Honourable Minister, Kim Wi lson, for explaining and identifying what the challenges were with respect to the necessity for the BHB [Bermuda Hospitals Board] to close down the Lamb Foggo [Urgent Care Centre] for the weekend. I think what is important to understand is that we on this side not only know, but we appreciate the challenges of having an institution that is short -staffed. And I can only point back to a Member opposite who during the discourse indicated that, Oh, she wanted to close it down. I guess referring to my stint in the ti me that I served as the Minister for Health when there was a challenge with respect to the financing of the Lamb Foggo clinic that had been put forward by the BHB at the time, i ndicating that they could not afford to keep that facility open. And the same w ay the Minister today would have concern for keeping a facility open that is short - staffed and, therefore, not able to effectively serve its clients who would walk through that door, that was the consideration on this side of the aisle. It does not work any differently. Nobody wants to have a situation in which a patient goes from . . . let’s say they are in St. George’s —well, let’s say they are in Hamilton Parish. And they think they are closer to Lamb Foggo and will be serviced a lot quicker than had they gone to KEMH [King Edward VII Memorial Hospital] . And they leave Hamilton Parish, they drive to St. David’s to find that the clinic is short -staffed and their issue cannot be dealt with on an urgent basis and therefore they now have to go back to KEMH to be serviced. That was the consideration that we had. The concern was that people’s medical situation could be exacerbated by the inability of an instit ution to service them effectively. That was the thought process behind it. And that is exactly the thought pr ocess that the Honourable Minister indicated tonight. And I applaud her and appreciate that, because that has not changed. Where there is concern for people’s health, there is concern.
INCOME INEQUALITY
Mrs. Patricia J. Gordon -PamplinAnd I just w anted to make comments on one other issue, and that is the exchange that I heard with respect to the Honourable Member from [constituency] 36, in response to my honourable colleague from [constituency] 30. What I heard from my honourable colleague from c onstituency 30, was …
And I just w anted to make comments on one other issue, and that is the exchange that I heard with respect to the Honourable Member from [constituency] 36, in response to my honourable colleague from [constituency] 30. What I heard from my honourable colleague from c onstituency 30, was some pain of a mother who has gone through some very difficult challenges with a 720 24 November 2017 Official Hansard Report
Bermuda House of Assembly child. And her call to action from Members of this House was, I guess, interpreted by the Honourable Member from [constituency] 36, and not being pejor ative, but interpreted as not wanting to have window dressing by asking Members in the House to stand in the gap. And the Honourable Member gave some compelling arguments in terms of why he took that approach, so I accept his explanation. But what I think is i mportant for us to understand, and I hope that we can all put our shoulders to the wheel in this particular matter, and that is to not wait until the economic balance is perfect, not wait until all circumstances are ideal. Because what we heard from the Honourable Member was real. And we cannot allow our hope for ideality and idealism to cloud our judgment. So if anybody has the ability and the capacity to help . . . my grandmother always said, The journey of a thousand miles begins with the first step. And if we are willing in this Honourable House to take that first step, let us not denigrate that to a level of “window dressing.” Let us show that we can genu-inely be concerned about the plight of our citizens, whether they be black young men who are the maj or problem, because there are many more of them, or whether they be white young girls, whoever they are—
POINT OF ORDER [Misleading]
Mr. Rolfe CommissiongPoint of order, Mr. Speaker. The Member is misleading the House and they keep doing this because t hey do not want to face the racial realties of Bermuda! [Inaudible interjections]
Mr. Rolfe CommissiongMr. Speaker, I frequently hear this in the blogs amongst those white racists who support their party, Oh, it is only because there are more of them. Proportiona tely, it does not work out that way. So, stop saying that! Because it seems like you are trying to—
The SpeakerThe SpeakerYour point has been made. Thank you.
Mrs. Patricia J. Gordon -PamplinMr. Speaker, the Honourable Member has made his point. He has gi ven his presentation. I am saying that my concern is for all people. I am not by any means undermining the fact that we have a problem in a specific demographic of our community. I am saying that …
Mr. Speaker, the Honourable Member has made his point. He has gi ven his presentation. I am saying that my concern is for all people. I am not by any means undermining the fact that we have a problem in a specific demographic of our community. I am saying that my concern and the concern for our team, and hopefully the concern of all Members of this House, will be spread broad and wide to every person in our community who has an issue. Because to the extent that we able to lift up even the worst of us, and even those who are not quite as badly off, we can only improve the plight of all of us. And that is my point. So I do not think that we should be at variance or at odds with the Honourable Member who has sp oken voluminously and passionately with respect to a certain demographic. I think my Honourable Leader also indicated the fact that we have an entire comm unity, and that is simply my point. So, let us hopefully not decide to wait until everything is perfect to decide that we can help. That is the only point that I want to make. Not that I want to downplay the challenges and the concerns that the Honourable Member from [constituency] 21 is ex-pressing, not at all. Not at all, Mr. Speaker. But I do want to say that it is not just window -dressing if each of us can take one small step, because when we do, at the point in time at which there is a better balance and a better level of equality, we would have that much less of a distance to go in order to rectify the challenges that we have in this community for all of our citizens, for all Bermudians. Thank you, Mr. Speaker.
The Sp eaker: Thank you, Member. Does any other . . . I recognise the Honour able Member from constituency 13, the Honourable Minister Rabain. You have the floor.
Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. And I guess I will preface like everyone else sai d, I will not be long, but —
The SpeakerThe SpeakerI appreciate that. Hon. Diallo V. S. Rabain: —we will see how it goes.
The SpeakerThe SpeakerWell, let’s stick to it. PUBLIC SCHOOL SYSTEM Hon. Diallo V. S. Rabain: Mr. Speaker, I have sat here and I have listened to Members opposite, and I can get where the Honourable Member Commissiong is coming from when he hears, because we constantly hear, We all must get along. …
Well, let’s stick to it.
PUBLIC SCHOOL SYSTEM
Hon. Diallo V. S. Rabain: Mr. Speaker, I have sat here and I have listened to Members opposite, and I can get where the Honourable Member Commissiong is coming from when he hears, because we constantly hear, We all must get along. We must all must look out for each other. And it comes across from the One Bermuda Alliance as if they ar e the only ones capable of doing this. I will preface something that their Leader said in her speech.
[Inaudible interjection]
Bermuda House of Assembly Hon. Diallo V. S. Rabain: The one that was elected this week. She said, I know the PLP has always looked out for black people. Those were her words. The Progressive Labour Party has always looked out for people who have been marginalised by the ol igarchs of this country. That is who we have looked for, always, from the beginning of time. And that is the one reason why the Bermuda Progressive Labour Party has lasted this long. We have a solid foundation upon which we were built, and that is to look after everyone in Bermuda who does not get a fair shake. The One Bermuda Alliance, the UBP, the BDA, were built on one thing, and that is to continue on the path of keeping the power of Bermuda centralised in one location. And once you lose that, you fall apart. The UBP fell apart after two years after losing the election. The OBA is falling apart days after losing the election. All right? There is a saying I read on Facebook this weekend and it really stuck with me. It said, No matter how many of you are in the boat rowing, if you ignore the hole you are not going to go anywhere. You guys are ignoring the hole. That is all you are doing . You are ignoring the hole. Now, Mr. Speaker, I was not going to get on my feet, but I did want to compliment your son, Mr. Lister, and some of the things that he said.
An Hon. Member An Hon. MemberHonourable Member.
The SpeakerThe SpeakerThe Honourable Member. Hon. Diallo V. S. Rabain: The Honourable Member Lister the Third. It stuck with me. And I will have him know that these are some of the ideas that we are looking at. Just recently, Mr. Speaker, I was in the Bahamas. The Bahamas has introduced an …
The Honourable Member.
Hon. Diallo V. S. Rabain: The Honourable Member Lister the Third. It stuck with me. And I will have him know that these are some of the ideas that we are looking at. Just recently, Mr. Speaker, I was in the Bahamas. The Bahamas has introduced an entrepreneurial curr iculum for . . . they call it “junior high” down there (which would be about the age of our middle school ), absolutely wonderful ; both written by Barbadians , and to be inputted into the system. This is the type of thing that we intend to do here, Mr. Speak er. We will move education forward and we will fix some of the things that are wrong with it. But I must stress that it is a collective problem and everyone needs to know that all of us play a part in improving what we plan to do. In a few weeks, Mr. Spe aker, we will be r eleasing some other things with education. I heard the chirps coming from that side when I spoke earlier about you need to get a commissioner in place, and all of that stuff. Mr. Speaker, I will let the other side know that the ministers do not hire personnel. The ministers do not make personal guarantees like that which go against Financial Instructions, like some of the things that I have had to clean up in the Depar tment of Education. Schools coming to me saying, Members opposite promis ed us this, so we did things based on those promises. We spent hundreds of thousands of dollars based on promises. Handshakes. Mr. Speaker, that will not happen in this Cab inet. That will not happen.
Mrs. Patricia J. Gordon -PamplinPoint of order, Mr. Speaker.
The SpeakerThe SpeakerTaking a point of order. Point of order, Member? POINT OF ORDER
Mrs. Patricia J. Gordon -PamplinThe Honourable Member is either misleading the House or imputing improper motives, because he has made a general statement with no specifics, and there is nothing that he has said that could be verified or vouched for. If the Honourable Member would be more specific, I would be willing to …
The SpeakerThe SpeakerThank you, Member. Hon. Diallo V. S. Rabain: Mr. Speaker, I would be more than willing to table, for the information of this House, emails received from schools saying that the former Premier promised—promised—hundreds of thousands of dollars for repairs for the school and the school went ahead and made …
Thank you, Member.
Hon. Diallo V. S. Rabain: Mr. Speaker, I would be more than willing to table, for the information of this House, emails received from schools saying that the former Premier promised—promised—hundreds of thousands of dollars for repairs for the school and the school went ahead and made those repairs based on those promises.
[Inaudible interjection]
Hon. Diallo V. S. Rabain: They went ahead and made those repairs based on that promise, Mr. Speaker, and now they find themselves in a bind because we cannot allocate money based on promises.
[Inaudible interjection]
Hon. Diallo V. S. Rabain: It is as simple as that. But, Mr. Speaker, this Cabinet will adhere to the Ministerial Code, to Financial Instructions, and we will do things properly. But I did just want to get on to my feet and make sure that the Honourable Member Lister [III] was commended for the thoughts that he had on our school system and to let him know that we are doing things to move ourselves forward. And I thank [him] for that. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Minister. Deputy Leader, you have the floor at this point. It looks like no other Member is moving. You can have the floor. INCOME INEQUALITY Hon. Walter H. Roban: Thank you, Mr. Speaker. 722 24 November 2017 Official Hansard Report Ber muda House of Assembly Mr. Speaker, it …
Thank you, Minister. Deputy Leader, you have the floor at this point. It looks like no other Member is moving. You can have the floor.
INCOME INEQUALITY Hon. Walter H. Roban: Thank you, Mr. Speaker. 722 24 November 2017 Official Hansard Report Ber muda House of Assembly Mr. Speaker, it has been a very interesting motion to adjourn. We have seen pain, passion, conviction, revelation . . . a number of things. But I think if I can just sum up, it merely crystalli ses the monumental tasks we have ahead to reshape the country. I endorse the statement of the Honourable Member who sits for constituency 21, and he said many things that I absolutely agree with. But this is the one thing I think that we must . . . that I think is essential to be said. The House that Jack built must be brought down. Its legacy is still with us. It has shaped the politics of the last 40 years — Th e Speaker: Mm-hmm. Ho n. Walter H. Roban: — irrespective of who won or lost, and we remain its ghost —its ghost that perpet uated an inequality . Its ghost that perpetuated sustai nability of an inequitable system, a system that has persecuted the poor, it has persecuted black people — black men and women. And in some cases used people to political advantage to sustain a system that ul-timately this House should see duty -bound to pull down. Even the pain that I think we saw exhibited by the Deputy Opposition Leader is symptomatic of i ssues that the country has yet to get to true grips with. And I knew her son in his younger days because m yself and the Deputy Opposition Leader have known each other long before we were in t his place. I knew her son as a young, talented runner. So, the story is tragic and is perhaps symptomatic of what many mothers in this country have suffered. Many mothers who have lost their sons who live in Deep Dale, who live in St. Monica’s, who live in Happy Valley, have lost their sons to gun violence, to drug addiction, to HIV/AIDS. Her story is symptomatic of many. Young Lister, the Honourable Member who sits in constituency 28, framed his own conception, and perhaps does not have all of the history that many of us who visibly saw the process around the Educ ation Planning team and what generally was perhaps put together in that. But he is talking about the results that he experienced in his generation. So irrespective of well -intended changes, it brought about some unfortunate results that we now, as a Government and as a legislature, should pledge ourselves not to r epeat. Because it will bring about a cycle of repeating the pain and suffering that this country has gone through over the last few decades and the inequities we continue to struggle to address. Centuries in their grounding, continuing to bring challenge to us even in our recognition of them. One can say, Fine. You know, Members of the One Bermuda Alliance have their own perception of how they see things, as does the Member on this side. It does not change the tragedy of it all. And, yes, perhaps the One Bermuda Alliance can be accused of appearing to want to dilute the identification of where much of the tragedy and the community where the tragedy has been its most severe with our young black men within our black community that have struggled with income, that have struggled with oppor-tunity, that have struggled with history. But I say this to wrap it up. That frames the task in front of us. We must shed aspects of the past. We must remember them. We must understand them. But we must challenge the future in a much bolder, and even sometimes risky, way. It is going to chal-lenge all of us to be different, and in some cases to give up some of those things that we have held dear in our ideas. But we have to decide. Are we going to leave a Bermuda different from one that we have exper ienced, that we have seen with the strife, with the divi-sion, with the pain that many of our families’ exper ience? Are we pledged here to ensure that a future Bermuda does not have that? Or are we just going to stick with the status quo and preserve what should not be preserved? Or are we going to boldly move for-ward? And it has to be together. Irrespective of whether we agree, it will be together because if we do not, the ship will sink and we will all go down with it. Or, we can plug the hole and row out together, as has been described. We have to decide here what we are prepared to do. This Government has stated what it is prepared to do. The Opposition perhaps has to decide what it is prepared to do. But the country as a whole does have a decision to make. And we can do it t ogether if we are prepared to make those steps. Thank you. Th e Speaker: Thank you, Honourabl e Member. The House now stands adjourned until Friday next, December 1st at 10:00 am. [Gavel] [At 8:18 pm, the House stood adjourned until 10:00 am, F riday, 1 December 20 17.]