Hansard — September 22, 2017 — Bermuda Parliament

The Speaker The Speaker Members, confirm the Minutes? Minutes confirmed. [Minutes of 15 September 2017 confirmed] MESSAGES FROM THE GOVERNOR

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

The Speaker The Speaker Yes, the Speaker has two announc ements. I announce that I have received official notice from three of our Members that they will be absent today. I acknowledge notice from Minister Burch, Mi nister Roban, and Member Leah Scott. All indicated they will be absent from today’s proceedings. BERMUDA OMBUDSMAN’S …

The Speaker The Speaker I also have a further announcement . I have received the Annual Ombudsman’s Report for the year 2016, and I submit this in compliance with section 24(1) and 24(3) of the Ombudsman Act 2004. MESSAGES FROM THE SENATE

The Speaker The Speaker There are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE

The Speaker The Speaker I recognise the Minister of National S ecurity. Minister Caines. [Pause] The Clerk: The Motion that I gave you, the piece of paper that I gave you.

The Speaker The Speaker Okay. We will proceed forward. Minister, if you can sort yourself out later, we will come back to your item. PETITIONS

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

The Speaker The Speaker We have five Statements this morning from Ministers or Junior Ministers. The first Statement, I believe, is from . . . [first] w e are going to do Minister Brown, Minister of Immigration and Home Affairs. Mr. Brown, would you lead us off? UPDATE ON INVESTIGATIONS — ALLEGED SCHEMES FOR …

The Speaker The Speaker Thank you, Minister Brown. Do any other Ministers have Statements? I believe we will have the following Statement now from Minister Foggo. Minister Foggo, you have the floor . BERMUDA POST OFFICE MAIL PROCESSING CENTRE RELOCATION Hon. Lovitta F. Foggo : Thank you, Mr. Speaker. Good morning to all. Mr. …

The Speaker The Speaker Thank you, Minister. We have further Statements from . . . Premier, would you like to go now? I was going to leave you for last while you are trying to get settled, you know. But, Premier, we will go to your Statement now. Hon. E. David Burt: Good morning, …

The Speaker The Speaker Thank you. BERMUDA PLACED ON FR ANCE'S “WHITELIST ” FOR COUNTRY -BY-COUNTRY REPORTING Hon. E. David Burt: Mr. Speaker, I am pleased to rise today to provide Honourable Member s with the pos itive news that the Republic of France has awarded whitelist status to Bermuda for Country -by-Country reporting …

The Speaker The Speaker Thank you, Mr. Premier. I understand we have further Statements. Minister Caines. INTEGRATED BALLISTIC IDENTIFICATION SYSTEM Hon. Wayne Caines: Mr. Speaker, I am pleased to advise this Honourable House and the public of an innovation in the continued management of investig ation of violent cr ime in Bermuda. In conjunction …

The Speaker The Speaker Thank you, Minister Caines. Minister Caines, I understand you have a further Statement. Would you like to do that now? Hon. Wayne Caines : If it pleases you, Mr. Speaker.

The Speaker The Speaker Continue. CYBERSECURITY CONCERNS US ALL Hon. W ayne Caines: Mr. Speaker, Honourable Members will recall that in this year’s Speech from the Throne, the Government determined cybersecurity as a national priority. The Ministry of National Security has been tasked with ensuring that our digital infr astructure is properly protected and …

The Speaker The Speaker Thank you, Minister. Hon. Wayne Caines : Mr. Speaker, with your leave, and with an apology, I would like to now attach —

The Speaker The Speaker Well, I am going to ask you to hold off. I am going to come back to you. Hon. Wayne Caines : Thank you, Mr. Speaker.

The Speaker The Speaker But I will do it in my order; how is that? Hon. Wayne Caines : Thank you, Mr. Speaker. I apologise, sir.

The Speaker The Speaker No problem, Minister. Madam Clerk, reports? REPORTS OF COMMITTEES

The Speaker The Speaker There are none. Now, with the indulgence of the House and the apologies of the Minister, we can go back to the Papers and other Communications. Hon. Wayne Caines : If it pleases you, Mr. Speaker.

The Speaker The Speaker Thank you. PAPE RS AND OTHER COMMUNICATIONS TO THE HOUSE PAYMENTS FROM THE CONFISCATED ASSETS FUND Hon. Wayne Caines: Mr. Speaker, I have the honour to attach and submit for the information of this Honourable House a li sting of the Confiscated Assets Fund payments for the years 2014 to …

The Speaker The Speaker Thank you, Minister. We are now at the — POINT OF CLARIFICATION Hon. Trevor G. Moniz : Excuse me, Mr. Speaker. I have a point there. I think it goes to 2017. He said 2015. Hon. Wayne Cai nes: I apologise. [It is] th e listing of Confiscated Assets Fund …

The Speaker The Speaker Thank you for the clarification. Hon. Wayne Caines : Thank you, kind sir.

The Speaker The Speaker You are quite welcome. 128 22 September 2017 Official Han sard Report Bermuda House of Assembly Thank you, Member Moniz, for bringing it to our attention, Honourable Member. QUESTION PERIOD

The Speaker The Speaker We are now at the question- andanswer period. As Members will know, we have 60 minutes for this, and we are now at 10:29, by my clock. I have questions, going in the order [of the Statements] that were presented. Minister Brown, you have questions from the Opposition Leader. Madam …

The Speaker The Speaker Minister, would you like to respond? Hon. Walton Brown: I will be happy to, Mr. Speaker.

The Speaker The Speaker Thank you, Minister. Hon. Walton Brown: We are currently invest igating other allegations. We have a list of 120 properties. And the ongoing investigation has identified some post the actual implementation of the Act.

The Speaker The Speaker Thank you, Minister. Supplementaries? No further questions of the Minister? We now move on to . . . (sorry; my fault.) The Deputy Speaker has indicated that he would like to ask a question of the Minister as well. Deputy Speaker, you have the floor. QUESTION 1: UPDATE ON INVESTIGATIONS …

The Speaker The Speaker Minister, do you care to respond? Hon. Walton Brown: I am obliged to respond, Mr. Speaker.

The Speaker The Speaker Yes. Go right ahead, Minister. Hon. Walton Brown: The file that was commenced by Dr. Brewer sat in the offices of the Department of Immigration. And over the last five years, when questions were presented in this House about that file, r eports came back to say that there was …

The Speaker The Speaker Thank you, Minister. Are there any supplementaries? Supplementary from the Opposition Leader. Madam Opposition Leader, y ou have the floor. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I would ask the Honourable Mi nister if he could indicate, since this file started, since this investigation …

The Speaker The Speaker Minister, yo u have the floor. Hon. Walton Brown: Mr. Speaker, I have no doubt that the technical officers did not mislead any go vernment. What did transpire is that, in 2007 when the legislation was passed, there was a three- year a mnesty period put in place by which …

The Speaker The Speaker Thank you, Minister. Are there any further supplementaries? Bermuda House of Assembly Mr. W. Lawrence Scott: Yes.

The Speaker The Speaker Supplementary? I recognise the Honourable Member from constituency 24. Mr. Lawrence Scott, you have the floor. SUPPLEMENTARY

Mr. W. Lawrence Scott Thank you, Mr. Speaker. Is the Minister saying that it is his belief that the former administration knowingly misled this House of Assembly?

The Speaker The Speaker Minister, would you care to respond? Hon. Walton Brown: I would like to thank my ho nourable colleague for his question. In life, one knows two things with certainty, so I cannot state unequivocally that anyone misled this Honourable House, Mr . Speaker. What I will say is that I …

The Speaker The Speaker Thank you, Minister. Are there any supplementaries? Hon. Patric ia J. Gordon -Pamplin: I have a suppl ementary.

The Speaker The Speaker The Honourable Opposition Leader. Madam Opposition Leader, you have the floor. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I wonder if the Honourable Mi nister could indicate how, when he indicated that the files could not be found was the response that they got when …

The Speaker The Speaker Minister. Hon. Walton Brown: Thank you, Mr. Speaker. I cannot speak for the answers that were pr ovided to the questions I submitted. Those answers were by the Minister; I believe it was you, Honourable Member.

The Speaker The Speaker Any supplementaries? You have used both of your supplementaries, Madam Opposition Leader. You are only entitled to two. Any further supplementaries? Supplementary, Deputy Speaker, or a new question? Hon. Derrick V. Burgess, Sr.: A new question.

The Speaker The Speaker A new question. QUESTION 2 : UPDATE ON INVESTIGATIONS — ALLEGED SCHEMES FOR LAND OWNERSHIP BY NON- BERMUDIANS THAT CONTRAVENE THE BERMUDA IMMIGRATION AND PROTECTION ACT 1956 Hon. Der rick V. Burgess, Sr.: Mr. Speaker, I would like to ask the Honourable Minister, just to say that I brought that …

The Speaker The Speaker Minister. Hon. Walton Brown: Mr. Speaker, what I am saying is that when the question was presented in this House during the last session, we were told there was no such file. When I bec ame Minister responsible, I was duly informed by counsel investigating these matters that there was …

The Speaker The Speaker Any further supplementaries? Hon. Patricia J. Gordon -Pamplin: Supplementary.

The Speaker The Speaker Supplementary to the new question? Hon. Patricia J. Gordon -Pamplin: Supplementary to the new question.

The Speaker The Speaker I recognise the Opposition Leader. Madam Opposition Leader, you have the floor. SUPPLEMENTARIES Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. As the Minister responded that I was the one who answered the question that he put, I wonder if the Minister would be able to advise the Honourable …

The Speaker The Speaker Minister. 130 22 September 2017 Official Han sard Report Bermuda House of Assembly Hon. Walton Brown: Thank you, Mr. Speaker. Mr. Speaker, as I assume everyone will know, any statement issued by a Minister requires the Mini ster to take the responsibility for that statement. And so, while one is …

The Speaker The Speaker Just one voice, please. Hon. Walton Brown: I would not want to pass on r esponsibility to technical officers, because while I b elieve there is high competence within the Ministry on every issue, I take responsibility for the statements I make, and I expect every other Minister or former …

Some Hon. Members Some Hon. Members That is right! Good. [Desk thumping]

The Speaker The Speaker Supplementary? Hon. Patricia J. Gordon -Pamplin: I have a suppl ementary.

The Speaker The Speaker Supplementary. The Opposition Leader, I will recognise you for a supplementary. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I just wonder if t he Honourable Minister could advise the Honourable House whether there is a possibility that such a file might have, in fact, been at …

The Speaker The Speaker Minister. Hon. Walton Brown: Thank you, Mr. Speaker. On the Government and on the whole princ iple of collective responsibility, it matters not which department any file would be in. If the Minister r esponsible for a particular area has a questio n, the technical officers have the answers and …

The Speaker The Speaker Thank you, Minister. Any further supplementaries? I recognise the Honourable Member from constituency 22. Dr. Gibbons had risen before, so I am going to recognise you now. SUPPLEMENTARY

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker. Mr. Speaker, I wonder if the Minister could speak to what actions were taken by the Government or the Attorney General’s Chambers for those files which were not subject to the extended period fro m 2010 to 2012? In other words, the files for which no …

The Speaker The Speaker Minister. Hon. Walton Brown: Thank you, Mr. Speaker. I do not know how many cases were brought during that period. I will endeavour to find out. What I will say is that one of the prac tices adopted was that the perpetrators of such actions were either required to pay …

The Speaker The Speaker Thank you, Minister. Deputy, a new question or a suppl ementary? Hon. Derrick V. Burgess, Sr.: A new question, Mr. Speaker.

The Speaker The Speaker Hold on, Deputy. We do have someone with a supplementary. Okay. I recognise the Honourable Member from constituency 19. The Honourable Mrs. Jeanne Atherden, you have the floor. SUPPLEMENTARY

Mrs. Jeanne J. Atherden My supplementary relates to the question with respect to collective responsibility and information that ministers get from technical offi cers. I think everyone goes on the basis that the information that they get from a technical officer is what they then present to the House. [Inaudible interjections]

The Speaker The Speaker One voice, please.

Mrs. Jeanne J. Atherden My question is, Is it poss ible that unless the Minister queries further, the Mini ster accepts the information that has been given to Bermuda House of Assembly them as being factual and , therefore, the responsibility is based upon the response?

The Speaker The Speaker Minister. Hon. Walton Brown: Thank you, Mr. Speaker. Mr. Speaker, it is the responsibility of the Mi nister to query information. We need to cast a critical eye over any information provided. We do not, as Mi nisters, based on our oath, and those who pledge all egiance to people …

The Speaker The Speaker Thank you, Minister. No supplementaries? Deputy, you had a new question? QUESTION 3 : UPDATE ON INVESTIGATIONS — ALLEGED SCHEMES FOR LAND OWNERSHIP BY NON- BERMUDIANS THAT CONTRAVENE THE BERMUDA IMMIGRATION AND PROTECTION ACT 1956 Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker. Mr. Speaker, I would like to ask …

The Speaker The Speaker Minister. Hon. Walton Brown: Thank you, Mr. Speaker. I am acutely aware of the property. I know the name of the property. It was a high- profile case. And that was in response to a very clear and explicit viol ation. And the agreement was entered into as a means …

The Speaker The Speaker Thank you, Minister. No further questions to the Minister? We will move on to the next Statement. The next Statement is that of Minister Foggo, in regard to the post office move. Minister Foggo, we have questions from the Hono urable Member, Mr. Scott, from constituency 24. Mr. Scott, you …

Mr. W. Lawrence Scott Thank you, Mr. Speaker. Can the Minister explain why the former Mi nister of Works and Engineering informed this House that the Bermuda taxpayer would not incur any add i-tional costs when it came to the move or the airport redevelopment? Hon. Lovitta F. Foggo: Thank you, Member. I cannot …

The Speaker The Speaker Thank you, Minister. Any supplementaries? Supplementary? I recognise the Honourable Member from constituency 19. The Honourable Member Jeanne Atherden, you have the floor. SUPPLEMENTARY

Mrs. Jeanne J. Atherden My supplementary is, at what point in time did the Ministry start to look for al-ternative premis es?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: Thank you for that question. I can say it happened almost the minute that I took o ffice, within the first week of my office. Knowing that we had a situation with regard to the airport and our postal facil ity, and the ramifications that …

The Speaker The Speaker Thank you, Minister. Supplementary? Hon. Patricia J. Gordon -Pamplin: Yes, I have a supplementar y.

The Speaker The Speaker I recognise the Honourable Opposition Leader. The Honourable Opposition Leader, you have the floor. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, would the Minister advise whether the space in the H amilton facility had been looked at and deemed that it may be adequate for …

The Speaker The Speaker Thank you. Minister. [Inaudible interjection] 132 22 September 2017 Official Han sard Report Bermuda House of Assembly The Speaker: Madam Opposition Leader, I think the Minister is asking for clarification on the question. Could you just repeat your question? Hon. Patricia J. Gordon -Pamplin: Yes. I was just wondering whether …

The Speaker The Speaker Thank you for clarifying it. Minister. Hon. Lovi tta F. Foggo: Yes.

The Speaker The Speaker Any further supplementaries? Is it a supplementary, Deputy Speaker? Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker.

The Speaker The Speaker I will take you, Deputy, and then I will come back to you. Deputy, you have the floor. SUPPLEMENTARY Hon. Derrick V. Burgess, Sr.: Yes. Mr. Speaker, in this Honourable House of Assembly, the former Mini ster from the OBA Government told this Honourable House that the government will not …

The Speaker The Speaker Minister, I am going to go back to the supplementary that the Opposition Leader raised. Madam Opposition Leader? SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Thank you. My supplementary is in respect of the Mini ster’s previous response, in which the Minister indicat-ed that she looked for space as soon as …

The Speaker The Speaker Thank you. Minister. Hon. Lovitta F. Foggo: Yes. I can say that the space in Hamilton was looked at as an alternative. And as it works out, it was not the b est situation.

The Speaker The Speaker Thank you, Minister. Is this a supplementary? Hon. Wayne L. Furbert: Supplementary.

The Speaker The Speaker Supplementary. I recognise the Ho nourable Member, Mr. Furbert, from constituency 6. SUPPLEMENTARY Hon. Wayne L. Furbert: Mr. Speaker, could the Mi nister inform this Honourable House [whether] the for-mer Government knew that we had to pay additional money, but misled this House?

The Speaker The Speaker Thank you. Minister. Hon. Lovitta F. Foggo: I cannot speak for what the former Governm ent knew or did not know. But I can say the evidence was very clear in the contract what penalties would be incurred.

The Speaker The Speaker Thank you. Supplementary?

The Speaker The Speaker I recognise the Honourable Member from constituency 8, Mr. Cole Simons. Mr. Simons, you have the floor. SUPPLEMENTARY

Mr. N. H. Cole Simons This is supplemental to the Honourable Member Derrick Burgess’s question. The Statement indicates that we would pay the $600,000 if we want to stay. The Statement say s the $600,000 would apply to a “term.” Can you define what that term is?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: No, I cannot. That falls under the Ministry of Public Works.

The Speaker The Speaker Mrs. Atherden, do you want to do your supplementary at the moment? We recognise the Honourable Member from constituency 19. Supplementary? SUPPLEMENTARY

Mrs. Jeanne J. Atherden To the Minister, my supplementary relates to the fact that I asked a question Bermuda House of Assembly about whether alternative accommodation had been looked at prior to the election. And you have now indicated that yes, it had been. Hon. Lovitta F. Foggo: Not prior to the election. Not …

The Speaker The Speaker Talk to the Speaker. Talk to the Speaker. Mrs. Atherden, direct your ques tion to me, and the Minister will respond accordingly.

Mrs. Jeanne J. Atherden (Sorry.) I understood in a response to the Opposition Leader that the post office in town had been looked at. Can you say to us when the post office in town had been looked at and when it was deemed that it was not going to be suitable?

The Speaker The Speaker Thank you. Minister, would you like to respond? Hon. Lovitta F. Foggo: Under my remit it would have been done after the election, obviously, in terms of this administration doing it.

The Speaker The Speaker Supplementary from the Member from constituency 8, Mr. Simons. You have the floor. SUPPLEMENTARY

Mr. N. H. Cole Simons Thank you. I would like to go back to the Minister’s r esponse. She indicated that she did not understand what the term is. To me, that is crucial, Mr. Speaker, because if the term is 5 years, 10 years, 20 years, then the $600,000 may be something that is …

An Hon. Member An Hon. Member Point of order, Mr. Speaker.

Mr. N. H. Cole Simons I am not finished.

The Speaker The Speaker Let him finish the question.

Mr. N. H. Cole Simons I am asking a question.

The Speaker The Speaker Let him finish his question.

Mr. N. H. Cole Simons Can the Minister give us an undertaking that she would bring back the details of the term in the event that the authority agrees to pay the $600,000 so that we can know [whether] we are getting value for money? Hon. Lovitta F. Foggo: Yes. [Crosstalk ]

The Speaker The Speaker Is yours a supplementary, Member, or a new question?

Mr. W. Lawrence Scott Yes, I do have a supplementary. But I did want to just clarify something. The Statement —

The Speaker The Speaker The Honourable Member from consti tuency 24 has a supplementary. SUPPLEMENTARY

Mr. W. Lawrence Scott Yes. The Statement says “the term,” not “ a term.” The Honourable Member asked what was “a term.” It is “ the term.” The term would be the term of the contrac t, the whole 30 years. But my supplementary question—

The Speaker The Speaker Yes. Let us hear your supplementary.

Mr. W. Lawrence Scott My supplementary question is that in the Minister’s Statement, it was said that the costs associated with the required move should, tec hnically, be represented as a line item when telling the cost of the development of the new airport. Is the Mi nister saying that the previous Government has …

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: What I can say, in looking at the situation that now ensues, is that [ this] is an extra cost to move the airport and customs facility.

The Speaker The Speaker Thank you. Any supplementaries? [Inaudible interjection]

The Speaker The Speaker You used your two supplementaries already on that one. [Inaudible interjection]

The Speaker The Speaker Okay. All right. I am going to recognise the Honourable Member from constituency 19, because hers is a supplementary. Continue, Member. SUPPLEMENTARY

Mrs. Jeanne J. Atherden Could the Minister indicate whether she is aware that the former Finance Mini s134 22 September 2017 Official Han sard Report B ermuda House of Assembly ter, Bob Richards, had looked at the Hamilton facility as an alternative to the processing of the mail? Hon. Lovitta F. Foggo: No.

The Speaker The Speaker Okay. Supplementary?

Mr. Rolfe Commissiong Yes, Mr. Speaker.

The Speaker The Speaker We recognise the Honourable Member from constituency 21. Honourable Member Commissiong, you have the floor. SUPPLEMENTARY

Mr. Rolfe Commissiong Mr. Speaker, just for the sake of clarity, will the Minister respond to the propos ition that the Hamilton Post Office site was examined by the relevant technical officers for the placement of that facility and it was not deemed practicable to do so?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: I can say that it was not in comparison to the final result that we decided to move to, no.

The Speaker The Speaker Any supplementary or new question?

Mr. N. H. Cole Simons New question.

The Speaker The Speaker Okay. I am going to recognise the Honourable Member from constituency 8. The Honourable Mr. Simons, you have the floor. QUESTION 1: BERMUDA POST OFFICE MAIL PROCESSING CENTRE RELOCATION

Mr. N. H. Cole Simons Thank you, Mr. Speaker. In the event that we move ahead with the new plant of Mills Creek, can the Minister quantify the add itional security costs for collecting the mail from the aircraft and delivering it to Mills Creek?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: No. And I will [giv e] an undertaking to see if . . . It would be dependent on how long the lease is, any lease that we enter into.

The Speaker The Speaker Thank you, Minister. Supplementary ? Hon. Wayne L. Furbert: Supplementary.

The Speaker The Speaker Supplementary or new question? Mrs. Renee Ming: New question.

The Speaker The Speaker Supplementary over here? We will take the supplementary and then come back to your question. Hon. Wayne L. Furbert: Thank you.

The Speaker The Speaker I recognise the Member from constit uency 6, the Honourable Mr. Furbert. SUPPLEMENTARY Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Can the Honourable Minister confirm that the Honourable Member who just spoke was in Cabinet and should have known what the agreement was be-fore he comes asking us? [ …

The Speaker The Speaker Okay. Now we have a new question for the Minister. The new question is from the Honourable Member from const ituency 1, the Honourable Member, Mrs. Ming. QUESTION 1: BERMUDA POST OFFICE MAIL PROCESSING CENTRE RELOCATION

Mrs. Renee Ming Thank you, Mr. Speaker. I just would like clarification. I see that the Statement says that the payment, the single liquidat ed sum, is a $600,000 payment. Then it speaks further in the Statement that it is subject to the Bermuda Post Office entering into a sublease with Project Co. …

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: Yes, it does mean that.

The Speaker The Speaker All right. Supplementaries? No supplementaries? O h, a supplementary?

The Speaker The Speaker Supplementary from the Honourable Member from constituency 1. Bermuda House of Assembly SUPPLEMENTARY

Mrs. Renee Ming Thank you, Mr. Speaker. Madam Minister, do we have any idea what that cost for that additional sublease is, at this time? And was it already negotiated prior to our becoming the Government?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: Yes. The lease was . . . what was outlined in the contract was clear in terms of the penalty of $600,000 and what the rental -a-month would be on a monthly basis.

The Speaker The Speaker Thank you. Supplementary or new question?

Mrs. Jeanne J. Atherden I have a supplementary.

The Speaker The Speaker A supplementary? Yes, I recognise the Honourable Member from constituency 19, Mrs. Atherden. Honourable Member. SUPPLEMENTARY

Mrs. Jeanne J. Atherden I have a supplementary. And if the Minister can clarify this again, because it said the Authority will pay Project Co $600,000 as a single liquidated sum as full compensation. And the Bermuda Post Office will be permitted to remain in its current premises for the term, without further payment …

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: What I can say is that if we were to continue [there] after September 30 th, then there would be a rental fee of $30,000 a month. [Inaudible interjection] Hon. Lovitta F. Foggo: Well, I am just telling you that now.

The Speaker The Speaker Thank you. Supplementaries? No supplementaries? I recognise the Honourable Member from constituency 26. The Honourable Member Tyrrell has a question. QUESTION 1: BERMUDA POST OFFICE MAIL PROCESSING CENTRE RELOCA TION

Mr. Neville S. Tyrrell Thank you, Mr. Speaker. Mr. Speaker, can the Honourable Minister clarify [who are] the owners of the Mills Creek proper-ty?

The Speaker The Speaker Minister. Hon. Lovitta F. Foggo: The answer to that falls under the remit of the Minist er of Works. But I will undertake to get that information.

The Speaker The Speaker Thank you. Supplementary? We recognise the Honour able Member from constituency 19. The Honourable Member Jeanne Atherden has the floor. SUPPLEMENTARY

Mrs. Jeanne J. Atherden Supplementary. Minister, if you can clarify . . . I thought you indicated that if they stayed down at the airport, it was $30,000 a month. And I thought you indicated in r esponse to my colleague, Cole Simons, that that rent might also be $30,000 a month. And therefore, …

The Speaker The Speaker Thank you. I have no further indication from any Member that they had questions of the Minister on this matter. We are going to move on to the next Stat ement. And the next Statement is that from Mi nister Caines, in reference to his Statement on ballistics. And we …

Mr. W. Lawrence Scott Thank you, Mr. Speaker. Can the Minister explain or confirm if this is part of the Government’s antisocial or gang violence programme or initiative? Hon. Wayne Caines: Mr. Speaker, this is a part of the Bermuda Police Service making sure that they have every tool possible to do analysis for …

Mr. Speaker. The Speaker Thank you. Any supplementaries? No supplementaries. You ca n do a supplementary. You have not indicated you [have] a question for him. Would you like to do a supplementary?

Mr. Jeff Baron I ask your indulgence, Mr. Speaker.

The Speaker The Speaker Being you are a new Member, I will indulge you for this time, Member Baron. But normally, you will come, and the procedure is that you inform the Speaker that you would like to ask a question.

Mr. Jeff Baron Indeed, Mr. Speaker.

The Speaker The Speaker But I will, through the indulgence, go ahead with your question. [Inau dible interjection]

The Speaker The Speaker Mr. Deputy Premier, I do not need any assistance. Thank you.

Mr. Jeff Baron Thank you.

The Speaker The Speaker I do not need any assistance.

Mr. Jeff Baron Perhaps that could have been co vered in your training. Thank you. Mr. Sp eaker —

The Speaker The Speaker Yes. QUESTION 1: AN INTEGRATED BALLISTIC IDENTIFICATION SYSTEM

Mr. Jeff Baron Thank you very much. As it is a strong, normative presumption, as the Minister in December 2016 when the $1.3 million was actually secured, you would as sume, many would assume, that I would support that; and they would be right. My question to the Minister is, since his time …

The Speaker The Speaker Thank you. Minister. Hon. Wayne Caines: Mr. Speaker, we have not engaged the Bermuda Bar Council. What is clear, we understand, this Government understands the Police and Criminal Evidence Act and the elements that it takes to bring any matter to a successful prosecution. Whenever we are looking at the …

The Speaker The Speaker Thank you, Minister. Any supplementaries? No supplementaries. No further Members have indicated they had questions for the Minister on that matter. However, Minister, we are going to move on to your next Statement. And there are two Members who have indicated that they had questions. I am going to recognise …

Mr. W. Lawrence Scott Thank you, Mr. Speaker. Can the Minister just explain or confirm if this programme of the cybersecurity benefits the international companies? The Speake r: Minister. Hon. Wayne Caines: The cybersecurity programme does benefit international companies. The Cybersec urity Working Group, headed by Mr. Ronnie Viera, has elements and people from …

The Speaker The Speaker Any supplementaries?

Mr. Jeff Baron Supplementary, Mr. Speaker.

The Speaker The Speaker Okay. I am going to recognise the Mi nister Scott to continue; then I will take yours afterward. Member Scott. Bermuda House of Assembly SUPPLEMENTARY

Mr. W. Lawrence Scott So, the Minister says that this benefits, obviously, the Government. It now bene-fits international, private businesses. But can the Mi nister tell us if this benefits the small entrepreneur, the small Bermudian- owned business es, like The Hub, [Bermuda] Source, things like that, those type of bus inesses?

The Speaker The Speaker Minister. Hon. Wayne Caines: Mr. Speaker, it indeed does. A big part of the working group . . . the working group’s plan is for an education component. We have hig hlighted that with small businesses, they have the opportunity to basic things —changing passwords, bac king up their information …

The Speaker The Speaker Thank you. We had a supplementary. The Honourable Member from constituency 25, the Honourable Member, Mr. Baron. You would like to ask your supplementary? SUPPLEMENTARIES

Mr. Jeff Baron Thank you, Mr. Speaker, yes. Mr. Speaker, will the Minister inform us, will there be any further engagement with our local cyber insurance underwriters? This is a new market, I would say about five years old, an emerging market in Bermuda, as you know, in insurance, cyber risk insurance. The …

The Speaker The Speaker Thank you. Minister. Hon. Wayne Caines: Mr. Speaker, the working group headed by Mr. Ronnie Viera is . . . the initiative i s ongoing. We have the opportunity to meet all stakehol ders. At this stage, it is coming out of the genesis and from the embryonic stage. And …

The Speaker The Speaker Thank you. Any supplementary?

Mr. Jeff Baron Second supplementary. The Speaker: Supplementary. The Honourable Member from constituency 25, the Honourable Member,

Mr. Baron. Mr. Jeff Baron Thank you, Mr. Speaker. As I pull that thread regarding the original question about how this will impact both big and small, to what extent will the Minister be implementing or begging the cybersecurity information coming not from just the council, but also from these types of fram eworks and …

The Speaker The Speaker Minister. Hon. Wayne Caines: Mr. Speaker, at the security forum, one of the key members was the EMO Officer for the Bermuda Government. He will be interwoven into this, every element. The parliamentary subcommittee is looking specifically at every element, which goes from looking at the cybersecurity from a go …

The Speaker The Speaker Thank you. Any supplementari es? We have a further Member who indicated that he had a question. I will recognise the Honourable Member from constituency 22. Honourable Member Gibbons, you have the floor. QUESTION 1: CYBERSECURITY CONCERNS US ALL

Hon. Dr. E. Grant Gibbons Thank you , Mr. Speaker. In the Minister’s Statement, he says that “we [all] . . . share the responsibility to ensure that we are well prepared to identify and manage cybersecurity risks wherever [they are] and whenever they appear.” The Honourable Member will be a ware that one of …

The Speaker The Speaker Minister. Hon. Wayne Caines: Mr. Speaker, the legislation that the Member speaks of is the PIPA legislation. The PIPA legislation is being considered, and it will be wi th the Cabinet in the not -too-distant future.

The Speaker The Speaker Thank you. Supplementary? I recognise the Honourable Member from constituency 22. The Honourable Member Gibbons, you have the floor. SUPPLEMENTARY

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker. Supplementary with regard to the PIPA legislation. Could the Honourable Member or maybe one of his colleagues speak to where we are with respect to the setting up of the Privacy Commissioner’s Office, which would help to advance this particular PIPA l egislation?

The Speaker The Speaker Mr. Premier. We recognise Mr. Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. I thank the Honourable Member for his ques tion. As my Minister indicated, these are matters which are coming before the Cabinet shortly . And we will undertake to give an update to this …

The Speaker The Speaker Thank you, Mr. Premier. Any supplementary?

Hon. Dr. E. Grant Gibbons No, Mr. Speaker. This will be another question.

The Speaker The Speaker Another question, your third question.

Hon. Dr. E. Grant Gibbons Second question, actua lly.

The Speaker The Speaker Second question. Yes, second question. QUESTION 2 : CYBERSECURITY CONCERNS US ALL

Hon. Dr. E. Grant Gibbons Thank you. I appreciate the Honourable Member’s answer on that. Could the H onourable Minister speak to what further steps the Government is likely to take with r espect to working with the National Institute of Standards and Technology (NIST) organisation?

The Speaker The Speaker Minister. Hon. Wayne Caines: Mr. Speaker, as said in the pr evious [responses], we have a working group and a subgroup. We are putting together a national strategy on cybersecurity. In the not -too-distant future we will be able to roll out each and every element and to explain to …

The Speaker The Speaker Supplementary?

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker, yes.

The Speaker The Speaker Supplementary, yes. SUPPLEMENTARY

Hon. Dr. E. Grant Gibbons Supplem entary. Would the Honourable Member be aware that, when former Permanent Secretary Bill Francis and I visited NIST to actually set up the seminar which occurred a day or so ago, at the time NIST actually offered—and they do this with other countries, as well— to provide internships which …

The Speaker The Speaker Minister. Hon. Wayne Caines: I was not aware of that, Mr. Speaker.

The Speaker The Speaker Supplementary or new question? New question? QUESTION 3 : CYBER SECURITY CONCERNS US ALL

Hon. Dr. E. Grant Gibbons New question. I think the Honourable Member may have addressed this to some degree. But I would be interes ted to know what the Honourable Member’s timeline is in terms of addressing not only Government’ s issues with respect to cybersecurity, but also critical national infrastructure, such as the hospital …

The Speaker The Speaker Minister. Hon. Wayne Caines: We understand how significant this is to the country to protect our national vital assets. The working group and the parliamentary su bBermuda House of Assembly committee, we have these things directly in front of us. We have a plan to put everything together. And whilst …

The Speaker The Speaker Thank you. Supplementary? The last questions on Statements would be that of the Premier, the Premier’s Statement in refe rence to the whitelist. We have one Member; the Honourable Mem ber, the Opposition Leader, who has i ndicated she has a question. Madam Opposition Leader, you have the floor. QUESTION …

The Speaker The Speaker Premier. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I cannot tell the Honourable [Member] when the work began or when it was completed. But I can assure the Honourable [Member] that the work was begun before I took this office.

The Speaker The Speaker Supplementary? Hon. Patricia J. Gordon -Pamplin: Yes, supplementary.

The Speaker The Speaker Supplementary. Continue. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: Is the Premier saying that this work was undertaken under the prev ious One Bermuda Alliance administration by the for-mer Government? Only to clarify for the record, Mr. Speaker, since there seems to be a tendency to want to write out the …

The Speaker The Speaker Supplementary. Supplementary? I recognise the Honourable Member from constituency 19, Honourable . . . Member, Jeanne Atherden. (I’m stumbling over your name today, dear.)

Mrs. Jean ne J. Atherden That is okay.

The Speaker The Speaker You have the floor. SUPPLEMENTARY

Mrs. Jeanne J. Atherden Thank you, Mr. Speaker. Obviously, like Bermuda, I am very pleased to see that we are whitelisted, because I do remember the previous Minister talking about having to protect us from being potentially blacklisted. So I know that France is one of those countries that we had to really pay …

The Speaker The Speaker Any supplem entaries? No supplementaries. This brings us to a close of the Question Period. And we now move on.

Madam Clerk. REPORTS OF COMMITTEES The Speaker There are none. ANNOUNCEMENT BY THE SPEAKER HOUSE VISITOR

The Speaker The Speaker But before we move on, I just want to recognise that in the Gallery we have Senator Ha yward. Senator Hayward, we recognise you in our Chambers this morning. [Desk th umping] CONGRATULATORY AND/OR OBITUARY SPEECHES

The Speaker The Speaker We now move on to congratulations and condolences. I recognise the Premier. Hon. E. David Burt: Good morning, Mr. Speaker. Mr. Speaker, I rise to ask that this Honourable House, the entire House, send congratulations to Bermuda’s own Flora Duffy, who has represented Bermuda in stunning fashion— [Desk thumpi ng] …

The Speaker The Speaker Did attend? Hon. E. David Burt: And he then went on to be at Cornerstone, and then New Testament [Church of God]. The one thing I would say, Mr. Speaker, is that, as I said, I had known him all my life. He had a very wonderful family, and I …

The Speaker The Speaker I think you are associating yourself; it was done last week. Hon. E. David Burt: Oh, that was done? Oh, someone did do Collins last week? Thank you, because I had missed that. Bermuda House of Assembly The Speaker: No problem. Hon. E. David Burt: I would like to associate …

The Speaker The Speaker Sure. Hon. E. David Burt: Thank you, Mr. Speaker.

The Speaker The Speaker Thank you. Does any other Member wish to speak? I recognise the Honourable Member from constituency 22, the Honourable Member Gibbons. Honourable Member Gibbons, you have the floor.

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to ask that congratulations be sent to Lombard Odier Trust on their 40th anniversary in Bermuda. I think Honourable Members will be aware that Lombard Odier (now Lombard Odier Dar ier Hentsch) is one of the oldest foreign trust companies …

The Speaker The Speaker Thank you. Does any other Member wish to s peak? I recognise the Honourable Member from constituency 21. The Honourable Member Commi ssiong, you have the floor.

Mr. Rolfe Commissiong Thank you, Mr. Speaker. I would like to offer condolences to the family of Mr. Edward “Eddie” Roosevelt Arnim Minors. He passed away recently. He was a constituent of mine, a great Bermudian. He was also the significant other of Janet “Pinky” Todd. And so, the condolences are extended to …

The Speaker The Speaker So you are associating yourself with what was done last week?

Mr. Rolfe Commissiong Yes, yes.

The Speaker The Speaker Well, you are associating yourself?

Mr. Rolfe Commissiong I am associating myself with the comment s I made last week, and the Government Whip, Mr. Michael Weeks, also. I highlight that particular because —

The Speaker The Speaker Well, you made the comment last week? [Inaudible interjection]

The Speaker The Speaker Oh, okay. Well, you associate yourself with what he did.

Mr. Rolfe Commissiong Okay. I am associating m yself.

The Speaker The Speaker But if you had made it last week, I would not allow you to go back to it.

Mr. Rolfe Commissiong Yes, okay.

The Speaker The Speaker Go ahead. Associate yourself.

Mr. Rolfe Commissiong And thank you, so we can untie this knot here. I just want to say I thought it was very i mportant, and I am glad that the Government Whip had made mention of Mr. Lightbourne’s achievements, because of the fact that, if there is one area that is going …

The Speaker The Speaker Thank you. Does any other Member wish to speak? 142 22 September 2017 Official Han sard Report Bermuda House of Assembly I recognise the Honourable Member from constituency 8. The Honourable Mr. Simons, you have the floor.

Mr. N. H. Cole Simons Thank you, Mr. Speaker. Mr. Speaker, I rise this morning to commend our secondary school teachers and principals for the fine work that they have done for the graduating class of 2017. Mr. Speaker, many of those students were accepted at world- class universities such as McGill, Tisch Art School, …

Mr. N. H. Cole Simons Eleven A*s, with a perfect score. So again, things are doing well. And also, I am pleased to note that private schools and the leadership of our private schools are current ly working with the leadership of Bermuda’s Government so that there may be some cross -fertilisation and that we …

The Speaker The Speaker Would any other Member wish to speak? I recognise the Honourable Member, Mr. Simmons from constituency 32. Honourable Member, you have the floor.

Mr. Scott Simmons Thank you very much, and good morning, Mr. Speaker. I wish to ask that congratulations be sent, after having attended the general PTA meeting, at Dalton E. Tucker most recently, a few days ago. They have selected a new executive team. Mr. Speaker, as we know, the work in schools …

The Speaker The Speaker Is there any other Member? I recognise the Deputy Premier. Bermuda House of Assembly Deputy Premier, you have the floor, Honour able Member. Hon. Walter H. Roban: Thank you, Mr. S peaker. I rise for a note of congratulations. Last week, a noted institution of this Island, which has been …

Some Hon. Members Some Hon. Members Hear, hear! Hon. Walter H. Roban: Certainly all of them on this side of the House want to be associated with this great ac hievement. [Inaudible interjections] Hon. Walter H. Roban: All of the Members of the Progressive Labour Party in this House — [Inaudible interjections] Hon. Walter H. Roban: …

The Speaker The Speaker Time is about to expire. Thank you, thank you, Deputy. [Timer beeps] Hon. Walter H. Roban: Thank you for that, Mr. Speaker.

The Speaker The Speaker Thank you, Deputy. Does any other Member? I recognise the Leader of the Opposition. Madam Opposition Leader, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I will associate with the comments particularly, and although he asked the whole House to be associated, it …

The Speaker The Speaker Time has expired, Madam. Thank you for your comments. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker.

The Speaker The Speaker Any other Members? I recognise the Honourable Member from constituency 6. The Honourable Member Furbert, you have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker. Mr. Speaker, I would like to first of all be associated with the remarks coming from the Honour able Member Grant Gibbons, from …

An Hon. Member An Hon. Member Bring condolence? Hon. Wayne L. Furbert: Bring condolence. And it is not a laughing matter from the Members, but regar ding the unfortunate circumstances that have ha ppened to our brothers and sisters in the south, regar ding Puerto Rico, Barbuda, the whole House —and Dominica, any other particular . …

The Speaker The Speaker Mm-hmm. Hon. Wayne L. Furbert: Then I would like to be associated with those remarks.

The Speaker The Speaker Thank you. Hon. Wayne L. Furbert: I think it is remarkable.

The Speaker The Speaker Time is ticking. Hon. Wayne L. Furbert: How much time do I have left, Mr. Speaker? [Timer beeps]

The Speaker The Speaker No time. [Laughter] Hon. Wayne L. Furbert: That it is.

The Speaker The Speaker No time! Thank you for your comments. Hon. Wayne L. Furbert: So long! Bye- bye!

The Speaker The Speaker I now recognise the Member from constituency 19. Honourable Member, you have the floor. Bermuda House of Assembly Mrs. Jeanne J. Atherden: Thank you, Mr. Speaker. Mr. Speaker, I would like congratulations to be sent to the organis ers of the CPA Bermuda Women’s [Leadership] Conference. This conference was held …

The Speaker The Speaker Thank you, Madam. I now recognise (are you on your feet?) the Honourable Member from constituency 36. Honour able Member Scott, you have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker. Mr. Speaker, could this House please send a note of congratulations to Bishop Lynn Landy and his …

The Speaker The Speaker Thank you. Does any other? I recognise the Honourable Member from constituency 7. The Honourable Member Richards, you have the floor. Mr. Sylvan D. Richards, Jr.: Thank you, Mr. Speaker. Mr. Speaker, I would like congratulations to be sent to a constituent of mine, a young man, Mr. Barry Gibbons, …

The Speaker The Speaker It enhanced your day. It did not ruin your day, did it? It enhanced your day, helped your day. Mr. Sylvan D. Richards, Jr.: Yes. Yes. So it was very good. So, I just want to congratul ate BBC and Patrick Singleton for the innovations that they are doing up …

The Speaker The Speaker All right. Thank you. Does any other Member? I recognise the Honourable Member, Minister Foggo. Minister Foggo, you have the floor. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, I would like to give condolences to the Burchall family for the loss of their son and brother, Julian …

The Speaker The Speaker Oops! That is not yours. Hon. Lovitta F. Foggo: —a well -trained cricketer who showed his cricket skills and acumen on the cricket pitch every time. Condolences to his family. I would like to associate the Honourable Kim Swan, as well, with these remarks. Mr. Speaker, moving on, I would …

The Speaker The Speaker I hope these Bailey’s Bay comments did not make you take your seat sooner. [Laughter]

The Speaker The Speaker Does any other Member wish to speak? I recognise the Honourable Member from constituency 1. The Honourable Member Ming, you have the floor.

Mrs. Renee Ming Good morning, Mr. Speaker.

The Speaker The Speaker Good morning.

Mrs. Renee Ming I would like to take this time to extend condolences to the family of Shirley Trott, from Wellington Back Road. I am going to associate MP Swan with these comments, and also MP Foggo. Ms. Trott, known on the Wellington Back Road side, was known as “FBI.” And the reason …

Mrs. Renee Ming But just to let her family know that they are in our thoughts and prayers, and that in that neighbourhood, I can tell you there is just definitely a miss. And a lot of it was because of the fact that she took to heart having thy neighbour’s back, because …

The Speaker The Speaker Thank you. Does any other Member . . . We recognise the Honourable Member from constituency 11. Honour able Member Famous, you have the floor.

Mr. Christopher Famous Good morning, Mr. Speaker. Firstly, I want to give condolences to all the victims of Hurricane Maria throughout the Caribbean. As my colleague, MP Furbert, spoke, it could be us tomorrow. I want to give congrats to Mr. Desmond Crockwell and Mr. Lynwood Richardson for putting on a community event …

The Speaker The Speaker Thank you. Does any other Member wish to speak? I recognise the Honourable Member from constituency 2, the Honourable Member, Mr. Swan.

Mr. Hubert (Kim) E. Swan Good morning, Mr. Speaker. Mr. Speaker, on a very sad note, I would like to be associated with the condolences to the family of Ms. Shirley Marion Trott. As the Honourable Member from St. George’s, constituency 1, quite rightly said, Ms. Trott was well known to me in the community. …

Mr. Hubert (Kim) E. Swan Right. What can we say? Her entire family is from the East End, and we are deeply saddened by her passing. Also, Mr. Speaker, Ms. Vina Outerbridge (nee Philpott), a very dear friend of mine, passed away, from Mullet Bay. But many in Bermuda will remember her from her days …

The Speaker The Speaker Well . . . well . . . well . . .

Mr. Hubert (Kim) E. Swan To Captain Macai [Si mmons] and President Neil [Paynt er], as we celebrate a milestone with a ball in November, we will celebrate even more next year, 2018.

The Speaker The Speaker You are not associating the Member from constituency 1?

Mr. Hubert (Kim) E. Swan I am associating the whole House—

The Speaker The Speaker Well, we ll, well . . . well, well. . .

Mr. Hubert (Kim) E. Swan —with the message of celebration that is going to take place in 2018, in Somerset, when we come up to see you, Mr. Speaker, with jubilation as we head back home! [Inaudible interjections]

The Speaker The Speaker Well, we welcome you. We welcome you. [Timer beeps]

The Speaker The Speaker On that note, I just remind you your time has run out. But we welcome you next year be-cause we know we are the club which will remain afterwards. I recognise the Honourable Minister. Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. …

Mrs. Tinee Furbert Good morning, and thank you, Mr. Speaker. [I am] wanting to give congratulations to our Bermuda Government Scholarship winners and, act ually, all the scholarship winners who have received scholarships this upcoming school term. We all know that it is very expensive for us to attend school overseas and that …

The Speaker The Speaker Does any other Member wish to speak on this item, condolences/congratulations? No furt her speakers? We will proceed on. Madam Clerk. MATTERS OF PRIVILEGE

The Speaker The Speaker There are none. PERSONAL EXPLANATIONS

The Speaker The Speaker There are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE

The Speaker The Speaker There are none. INTRODUCTION OF BILLS GOVERNMENT BILLS

The Speaker The Speaker I think we have two Government Bills. Premier, would you like to introduce the first one? FIRST READINGS TOURISM INVESTMENT ACT 2017 Hon. E. David Burt: Yes, Mr. Speaker. Mr. Speaker, I am introducing the following Bill for its first reading so that it may be placed on the Order …

The Speaker The Speaker Thank you, Mr. Premier. I believe there is a second [Bill]. Ministe r Wilson, would you like to have the floor? PROCEEDS OF CRIME AMENDMENT (NO. 3) ACT 2017 Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker. I am introducing the following Bill for its first reading so that …

The Speaker The Speaker Thank you. OPPOSITION BILLS

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

The Speaker The Speaker There are none. NOTICES OF MOTIONS

The Speaker The Speaker There are none. ORDERS OF THE DAY

The Speaker The Speaker Orders of the day. I understand that Order No. 1 will be taken up.

The Speaker The Speaker Minister of Finance, would you like to lead off? Hon. E. David Burt: Good morning again, Mr. Speaker, or I think we are moving to the afternoon. I move that the Bill entitled the Companies Amendment (No. 2) Act 2017 be now read the second time.

The Speaker The Speaker Approved. BILL SECOND READING COMPANIES AMENDMENT (NO. 2) ACT 2017 Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, the Bill before the House is the Companies Amendment (No. 2) Act 2017. The objective of this Bill is to make a retrospective amendment to the Fifth Schedule …

The Speaker The Speaker Thank you. Does any other Member wish to speak? I recognise the Shadow Minister for Finance. The Honourable Member from constituency 19, Ho nourable Jeanne Atherden, you have the floor.

Mrs. Jeanne J. Atherden Mr. Speaker, and, obv iously, Members of the House and the listening audience understand the need to have this Bill. And as the Finance Minister and Premier has indicated, this Bill was in train. A nd I think it is important for us to recognise that sometimes when you try …

The Speaker The Speaker Does any other Member wish to speak to this matter? No other Member. Premier. 150 22 September 2017 Official Han sard Report Bermuda House of Assembly Hon. E. David Burt: Thank you v ery much, Mr. Speaker. I thank the Shadow Minister for her comments. And, of course, the Shadow …

The Speaker The Speaker The Bill will now be committed. Deputy. House in Committee at 12:04 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMI TTEE ON BILL COMPANIES AMENDMENT (NO. 2) ACT 2017

The Chairman Chairman Honourable Members, we are now in Committee of the whole [House] for further consider ation of the Bill entitled the Companies Amendment (No. 2) Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. …

The Chairman Chairman Yes, you may. Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, clause 1 is self -explanatory. Clause 2(1) replaces Part II, paragraph 1B(d) of the Fifth Schedule to the principal Act with ne w sub - paragraphs (d) and (e). A company not falling within sub-paragraphs …

The Chairman Chairman Any further speakers? No further speakers. Hon. E. David Burt: Thank you, Mr. Chairman. I move then that clauses 1 through 3 be moved and stand part of the Bill.

The Chairman Chairman It has been moved that clauses 1 through 3 be approved. Is there any objection to that motion? No objection. Agreed to. [Gavel] [Motion carried: Clauses 1 through 3 passed.] Hon. E. David Burt: Thank you very much, Mr. [Chairman]. I move that the Preamble be added to the Bill. …

The Chairman Chairman No objections. Hon. E. David Burt: Mr. Chairman, I move that the Bill be reported to the House as printed.

The Chairman Chairman The Bill has now been approved. The Bill will be reported to the House as printed. [Motion carried: The Companies Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 12:07 pm [Hon. Den nis P. Lister, Jr., Speaker, …

The Speaker The Speaker Mr. Premier. [The Companies Amendment (No. 2) Act 2017 was passed without amendment.] Hon. E. David Burt: Good afternoon, Mr. Speaker. Mr. Speaker, I assume we are on Order No. 2? Moving right ahead. Thank you, Mr. Speaker. BILL SECOND READING Bermuda House of Assembly PAYROLL TAX AMENDMENT (NO. 3) …

The Speaker The Speaker Thank you, Premier. Does any other Member wish to speak to that? I recognise the Shadow Minister of Finance. The Honourable Member, Mrs. Atherden, you have the floor.

Mrs. Jeanne J. Atherden Mr. Speaker, as the Premier and Finance Minister indicated, these changes are necessary so that we can make sure that unintended consequences do not result. Because I think that ev erybody . . . the intention was to make sure that payroll tax would increase the revenues to the government, …

The Speaker The Speaker Thank you, Honourable Member. Does any other Member wish to speak? I recognise the Honourable Member from const ituency 22. The Honourable Member Gibbons, you have the floor. Honourable Member.

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker. Mr. Speaker, we have been speaking very conceptually here in the last couple of speakers. And I wonder, because I suspect the listening audience probably has no idea what a shared benefit would be or what the mischief is that these amendments are trying to address. …

The Speaker The Speaker Thank you. Would any other Member wish to speak? No other Member. Mr. Premier, would you like to reply? Hon. E. David Burt: Thank you very much, Mr. Speaker . I thank the Honourable Members for their comments on the Bill. And I move that the Bill be now committed. …

The Chairman Chairman Honourable Members, we are now in the Committee of the whole [House] for further consideration of the Bill entitled the Payroll Tax Amendment (No. 3) Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. E. David Burt: Thank you, Mr. Chairman. …

The Chairman Chairman The Minister would like to move clauses 1 through 5. Any objections? There are no objections. Carry on, Minister. Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, clause 1 is self -explanatory. Clause 2 repeals t he definition of “gross ear nings” in section 2 of …

The Chairman Chairman Any further speakers?

Mrs. Jeanne J. Atherden Bearing in mind, as we go through these clauses, there is the d efinition of “gross earnings” as opposed to . . . definition of “remuner ation” as opposed to “gross earnings.” Would it be possible for the Finance Minister to clarify what type of things would now be deemed …

The Chairman Chairman Any further speakers? It has been moved that clauses 1 through 5 be approved. Are there any objections to that motion? No objections. Agreed to. [Motion carried: Clauses 1 through 5 passed.] Hon. E. David Burt: Thank you very much, Mr. Chairman. Mr. Chairman, I move the Preamble to stand …

The Chairman Chairman It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agre ed to. Hon. E. David Burt: Thank you very much, Mr. Chairman. I move that the Bill be reported to the House as printed.

The Chairman Chairman It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. The Bill will be reported to the House as print ed. [Motion carried: The Payroll Tax Amendment (No. 3) Act 2017 was considered by a …

Mr. Premier. Hon. E. David Burt premier Thank you very much, Mr. Speaker. Mr. Speaker and Honourable Members of this House, I introduce the Bill entitled the USA– Bermuda Tax Convention Amendment (No. 3) Act 2017.

The Speaker The Speaker Continue on. BILL SECOND READING US A–BERMUDA TAX CONVENTION AMENDMENT (NO. 3) ACT 2017 Hon . E. David Burt: Thank you, Mr. Speaker. The objective of this Bill is to amend the U.S.A. –Bermuda Tax Convention Act 1986 (“the Act”) in order to address certain matters relating to Berm uda’s …

The Speaker The Speaker Thank you, Mr. Premier. Before I ask any Member to comment, I would just like to recognise in our Chambers this morning the former Premier, Dame J ennifer [Smith]. [ Desk thumping]

The Speaker The Speaker Thank you for visiting us this morning — this afternoon, I should say. Now, would any other Member wish to speak? I recognise the Shadow Minister for Finance, the Member from constituency 19. Honourable Member Atherden, you have the floor. [US A–Bermuda Tax Convention Amendment (No. 3) Act 2017 second …

Mrs. Jeanne J. Atherden Thank you, Mr. Speaker. Mr. Speaker, under normal circumstances, one would worry when you change something from an affirmative to a negative resolution. But I think we all recognise that with respect to the TIEAs [tax infor-mation exchange agreements] and the information, everything is changing s o quickly as it …

The Speaker The Speaker Thank you. Does any other Member wish to speak? We recognise the Member from constitue ncy 22. The Honourable Member Gibbons, you have the floor.

Hon. Dr. E. Grant Gibbons Thank you, Mr. Speaker. Mr. Speaker, just by way of a fairly brief comment here, it is interesting how this area has evolved. I can recall that when I was Minister of Finance in the mid-1990s, the issue at that particular time was trying to protect Bermudian companies and exempt …

The Speaker The Speaker Thank you. Does any other Member wi sh to speak?

Mr. Premier. Hon. E. David Burt premier Thank you very much, Mr. Speaker. And I thank the Members for their comments on this Bill, which will assist the members of the public we serve to maybe have some more insight, and, of course, other Members, into where we are moving in this area. So, Mr. Speaker, I …

The Speaker The Speaker Deputy. House in Committee at 12:26 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL USA –BERMUDA TAX CONVENTION AMENDMENT (NO. 3) ACT 2017

The Chairman Chairman Honourable Members, we are now in Committee of the whole for further consideration of the Bill entitled USA–Bermuda Tax Convention Amendment (No. 3) Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Chairman. …

The Chairman Chairman It has been moved that clauses 1 through 4 be approved. Are there any objections? There are none. Hon. E. David Burt: All right. Thank you very much, Mr. Chairman. Mr. Chairman, clause 1 provides the citation for the Bill. Clause 2 amends section 4A of the Act to provide …

The Chairman Chairman Any further speakers? There appear to be none. Hon. E. David Burt: Thank you very much, Mr. Speaker. I move that clauses 1 through 4 be approved as part of the Bill.

The Chairman Chairman It has been moved that clauses 1 through 4 be approved. Are there any objections to that motion? No objections. Agreed to. [ Motion carried: Clauses 1 through 4 passed.] Hon. E. David Burt: Thank you very much. Mr. Chairman, I move that the Preamble be approved.

The Chairman Chairman It has been moved that the Preamble be approved. Are there any objections to that motion? No objections. Agreed to. Hon. E. David Burt: Thank you, Mr. Chairman. Mr. Chairman, I move the Bill be reported t o the House as printed.

The Chairman Chairman It has been moved that the Bill be reported to the House as printed. Are there any objections to that motion? No objections. Agreed to. The Bill will be reported to the House as printed. [ Gavel] [ Motion carried: The USA –Bermuda Tax Convention Amendment (No. 3) Act 2017 …

The Speaker The Speaker Are there any objections to the [Act] being reported to the House? No objections. The [Act] is reported. Mr. Premier, it is just about that time. Would you like to take the floor at this moment? Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I move …

The Speaker The Speaker The House now stands adjourned until 2:00 pm. [ Gavel] Proceedings suspended at 12:28 pm Proceedings resumed at 2:00 pm [ Hon. Denni s P. Lister, Jr., Speaker, in the Chair] BILL SECOND READING PROCEEDS OF CRIME AMENDMENT (NO. 2) ACT 2017 Hon. Kim N. Wilson: [Microphone off] Proceeds of …

The Speaker The Speaker Thank you, Minister. Bermuda House of Assembly ANNOUNCEMENT BY THE SPEAKER HOUSE VISITORS

The Speaker The Speaker Before I acknowledge the next speaker, I would just like to recognise in the Gallery one of our former Members, the Honourable Member Mr. Walter Lister. Thank you for stopping in and watching our proceedings today. And also as I look in the Gallery I also see the former President …

The Speaker The Speaker Honourable Member Mr. Trevor Moniz from constituency 9, you have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker . At least you refrained from saying Uncle Walter when you recognised that former Member.

The Speaker The Speaker It is all formal in this House. Hon. Trevor G. Moniz: Yes, I speak on this side of the House on this Bill and the Honourable Minister of Health on that side speaks on legal affairs, I gather, in the House for the Minister of Legal Affairs and Attor-ney General. …

The Speaker The Speaker I recognise the Minister. POINT OF CLARIFICATION Hon. Kim N. Wilson: Thank you, Mr. Speaker . In answer to that Honourable Member ’s question with respect to the position, it is not actually something that needs to be declared because it does not exist in conflict. However, it is a …

The Speaker The Speaker Thank you for that response, Minister. You can continue. Hon. Trevor G. Moniz: Yes, thank you. I thought it was appropriate and true to have that put on the record. We would not want any accusations after the fact that we were not fully transparent on the floor of this …

The Speaker The Speaker Thank you , Honourable Member . Does any other Honourable Member wish to speak? No other Honourable Member ? Minister, would you like to continue. Hon. Kim N. Wilson: Yes, thank you, Mr. Speaker . Mr. Speaker , with respect to the issue co ncerning the shared brief, I myself …

The Speaker The Speaker Thank you. House in Committee at 2:13 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL PROCEEDS OF CRIME AMENDMENT (NO. 2) ACT 2017

The Chairman Chairman Honourable Member s, we are now in Committee of the w hole [House] for further consider ation of the Bill entitled Proceeds of Crime Amendment (No. 2) Act 2017 . I call on the Minister in charge to proceed. Minister, you have the floor. Hon. Kim N. Wilson: Thank you, …

The Chairman Chairman It has been moved that clauses 1 through 4 be approved. Is there any objection to that motion? No objections. Agreed to. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, the Preamble of the Bill seeks to amend the Proceeds of Crime Act 1997; the Financial Intelligence Agency …

The Chairman Chairman Any further speakers? Hon. Trevor G. Moniz: Mr. Chairman, just to say that I have nothing to add to what I said in the House. We support the amendments being made here today.

The Chairman Chairman Thank you. It has been moved that clauses 1 through 4 be approved. Is there any objection to that motion? No objections. Agreed to. [Motion carried: Clauses 1 through 4 passed.] Hon. Kim N. Wilson: Mr. Chairman, I move the Pr eamble.

The Chairman Chairman It has been m oved that the Preamble be approved. Is there any objection to that motion? No objections. Agreed to. Hon. Kim N. Wilson: Mr. Chairman, I move that the Bill be reported to the House as printed.

The Chairman Chairman It has been moved that the Bill be reported to the House as printed. Is there any objection to that motion? No objections. Agreed to. Hon. Kim N. Wilson: Thank you, Mr. Chairman.

The Chairman Chairman The Bill will be reported to the House as printed. [Motion carried: The Proceeds of Crime Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 2:17 pm Bermuda House of Assembly [Hon. Dennis P. Lister, Jr., Speaker, in …

The Speaker The Speaker Are there any objections to the Bill being reported to the House? No objections. We will proceed to the next item. The next item on the Order Paper is the second reading of the Quarantine Amendment Act 2017 in the name of the Minister of Health. Minist er? BILL SECOND …

The Speaker The Speaker You can proceed, Minister. Hon. Kim N. Wilson : Thank you, Mr. Speaker . Mr. Speaker , the Quarantine Amendment Act 2017 and the Quarantine (Maritime and Air) Regul ations 2017 were tabled in this Honourable House of Assembly on the 8th of September 2017. Mr. Speaker , for the …

The Speaker The Speaker Thank you for that, Minister. Hon. Kim N. Wilson: —from the previous administr ation. Mr. Speaker , the Quarantine Amendment Act 2017 will provide consequential amendments to the Quarantine Act 2017, the Bermuda Immigration and Protection Act 1956, and the Public Health Act 1949. As you may recall, the Quarantine …

The Speaker The Speaker Mm-hmm. Hon. Kim N. Wilson: Considering the length of the Regulations, I will only highlight the changes being introduced by the Regulations and will not give a clause by clause explanation, unless, of course, the Opposition are requesting that. (I guess that is a no.) 160 22 September 2017 Official …

The Speaker The Speaker Minister, Minister, hold on one second. I think I missed something there. Can you take your seat a minute? Are you moving on to [Order] No. 6 now? Hon. Kim N. Wilson: I am just highli ghting it in the brief because the Regulations are tied directly to the legislation. …

The Speaker The Speaker Okay. I just missed that. I just had to clarify it. Hon. Kim N. Wilson: Okay. Thank you. Thank you, Mr. Speaker . Mr. S peaker , the Quarantine (Maritime and Air) Regulations 2017 will repeal and replace the Quarantine (Maritime) Regulations 1946 and the Quarantine (Air) Regulations 1946 and …

Mrs. Jeanne J. Atherden Point of order, I think that this is going too far, Mr. Speaker . [Inaudible interjection]

The Speaker The Speaker Let us clarify. Hon. Kim N. Wilson: I will t ake that, Mr. Speaker, I think that was too fast, Mr. Speaker . Thank you.

The Speaker The Speaker Yes, slow down a little and let us back up so that everybody follows where you are, Minister. Minister, the clarification is that we started in the Act in [Order] No. 5. It seems like you drifted over into [Order] No. 6 in the Regulations. Bermuda House of Assembly Hon. …

The Speaker The Speaker And that was what I was calling to your [attention] before. If we were drifting into [Order] No. 6, we should have dealt with [Order] No. 5 fir st before we went on to [Order] No. 6. Hon. Kim N. Wilson: Yes, Mr. Speaker . And Mr. Speaker , I …

The Speaker The Speaker Well, let us deal with the Act first. You should have done them as separate items. So at this point, we will have response from the other Members who wish to speak on the Act itself and then we will move on to the Regulations. Hon. Kim N. Wilson: Thank …

The Speaker The Speaker Does any other Member wish to speak? Thank you. We recognise the Member from constitue ncy 19, the Honourable Member , Mrs. Atherden. You have the floor.

Mrs. Jeanne J. Atherden Mr. Speaker , in the spirit that, as the Min ister said, this Act was something that the former Government had well in hand and, ther efore, I know it very well. That was why I did not say anything when the Minister went from the Act into the Regulations …

The Speaker The Speaker That has been clarified now. We will do them separately.

Mrs. Jeanne J. Atherden Right. Thank you. So right now I am talking about the Quarantine Amendment Bill. And I just want to say that it was recognised that we had to turn around and do some things to our Quarantine Act with respect to the WHO requirements and make sure that some of …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak to this? Minister, you can respond. Hon. Kim N. Wilson: Thank you, Mr. Speaker , and I thank the Honourable Member for those very useful interventions. Mr. Speaker , on that note, I move that the Bill now be committed.

The Speaker The Speaker Yes. Deputy? House in Committee at 2:35 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL QUARANTINE AMENDMENT ACT 2017

The Chairman Chairman Honourable Member s, we are now in the Committee of the whole House for further consi deration of the Bill entitled the Quarantine Amendment Act 2017 . I call on the Minister. Hon. Kim N. Wilson: Mr. Chairman, I move clauses 1 through 4.

The Chairman Chairman It has been moved that clauses 1 through 4 be approved. Is there any objection to that motion? There appear to be none. Hon. Kim N. Wilson: Thank you, Mr. Chairman. Mr. Chairman, clause 1 the Quarantine Amendment Act 2017 provides for consequential amendments to the Bermuda Immigration and Protection …

The Chairman Chairman Any further speakers? No further speakers. It has been moved that clauses 1 through 4 be approved. Is there any objection to that motion? There appear to be none. Agreed to. [Motion carried: Clauses 1 through 4 passed.] Hon. Kim N. Wilson: Thank you. Mr. Chairman, I move the Preamble.

The Chairman Chairman It has been moved that the Preamble be approved. Is there any objection to that motion? There appear to be none. Agreed to. Bermuda House of Assembly Hon. Kim N. Wilson: Mr. Chairman, I move now that the Bill be reported to the House as printed. The Cha irman: It …

The Speaker The Speaker Are there any objections to th e Bill b eing reported to the House? No objections. We will now move on to [Order] No. 6, the Regulations. Honourable Minister. REGULATIONS QUARANTINE (MARITIME AND AIR) REGULATIONS 2017 Hon. Kim N. Wilson: Thank you, Mr. Speaker . I move that consideration be …

The Speaker The Speaker Continue. Hon. Kim N. Wilson: Mr. Speaker , as I inadvertently did a few moments ago, I actually combined the submissions with respect to the brief as it relates to both the Act and the Regulations . So rather than repeat all of that, the position still remains the same …

The Speaker The Speaker Thank you, Minister. Does any other Member wish to speak? We recognise the Member from constitue ncy 19. Honourable Member Atherden, you have the floor.

Mrs. Jeanne J. Atherden Thank you, Mr. Speaker . As indicated, I obviously support this. And we do support this because we recognise that these Regulations have to go along with the Act. And I think . . . I just wanted to highlight just a few things which I think are important for …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak? Minister? Hon. Kim N. Wilson: Thank you, Mr. Speaker , and thank you to my honourable colleague for her partic ipation and support on the Opposition benches and supporting overall the need for these Regulations which will help to ensure …

The Speaker The Speaker Any objections to that? No objections. Hon. Kim N. Wilson: Thank you, Mr. Speaker

The Speaker The Speaker Thank you, Minister. [Motion carried: The Quarantine (Maritime and Air) Regulations 2017 were considered and approved by the House.]

The Speaker The Speaker That completes [Order] No. 6. I understand that [Order] No. 7 is being carried over? We are now doing [Order] No. 8 and . . . Deputy Premier, you are going to carry this one for the Premier and Minister of Finance? Hon. Walter H. Roban: Yes, Mr. Speaker .

The Speaker The Speaker Deputy Premier, you have the floor. BILL SECOND READING REAL ESTATE BROKERS’ LICENSING ACT 2017 Hon. Walter H. Roban: Thank you, Mr. Speaker . I move that the Bill entitled the Real Estate Brokers’ Licensing Act 2017 be now read a second time. The Speaker: Mm-hmm. Hon. Walter H. Roban: …

The Speaker The Speaker Thank you for acknowledging tha t and yes, you do have [the] support of both sides of the House for this to proceed. Go ahead. Hon. Walter H. Roban: Thank you, Mr. Speaker . Mr. Speaker , the Government wishes this Honourable House to give consideration to the Bill entitled …

The Speaker The Speaker Thank you, Minister and Deputy Premier. Does any other Member wish to speak? We recognise the Honourable Member from constituency 29—sorry —constituency 19, the Honourable Jeanne Ather den. You have the floor.

Mrs. Jeanne J. Atherden Thank you, Mr. Speaker . Mr. Speaker , the comments that I make right now are comments that I have already indicated to the Acting Finance Minister, so I do not think that they come as any mystery, but I w ill raise them again because I was hoping to …

The Speaker The Speaker Okay. Thank you. Does any other Member wish to speak? I recognise the Member from constituency 22, the Honourable Member Gibbons. You have the floor.

Hon. Dr. E. Grant Gibbons Thank you , Mr. Speaker . Mr. Speaker , I just wanted to make a couple of points in support of what my honourable colleague Jeanne Atherden has said. This particular Bill has an interesting history, and as the Acting Minister said, the former former Government, the previous Progressive Labour …

The Speaker The Speaker Thank you for your comments. Does any other Member wish to speak? I recognise the Member from constituency 6, the Honourable Member , Mr. Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker . 168 22 September 2017 Official Han sard Report Bermuda House of Assembly …

Hon. Dr. E. Grant Gi bbons Point of order, Mr. Speaker .

The Speaker The Speaker Just a minute, Member. Point of order? POINT OF ORDER [Misleading]

Hon. Dr. E. Grant Gibbons Yes, the Honourable Member is misleading the House. Either he was not listening or he did not understand my point. My point was that if the Government intended to take it up wit hin a week, as opposed to the normal two weeks —and they would have known that because …

The Speaker The Speaker Thank you for your point of order. Continue on. Hon. Wayne L. Furbert: I understand very clearly, Mr. Speaker , and that is my point. It is not the fact that we understand the importance of getting this Bill passed in this House very quickly and we should have given …

The Speaker The Speaker But there is procedure that we have to stick to. Hon. Wayne L. Furbert: It is not about letting them know a day ahead —

The Speaker The Speaker There is procedure. Hon. Wayne L. Furbert: —they knew very clearly, at the end of the day, this Bill had to come before Parliament because of its importance. And they are telling me that we have given notice for . . . as a matter of fact, they should have …

The Speaker The Speaker Is there any other Member that wishes to speak? I recognise the Government Whip, the Ho nourable Member Mr. Weeks. Mr. Weeks, you have the floor . POINT OF CLARIFICATION

Mr. Michael A. Weeks Thank you, Mr. Speaker . I just rise on a point of clarification. When the Government laid the Bill last Friday, I as the Whip was instructed to approach the Opposition Whip and ask her can we bring it . . . to take it to our caucus and see …

The Speaker The Speaker Thank you. Does any other Member wish to speak? We recognise the Honourable Member Mr. Moniz. You have the floor. Hon. Trevor G. Moniz: Thank you, Mr. Speaker . [Crosstalk ]

The Speaker The Speaker Members, Members. Hon. Trevor G. Moniz: Mr. Speaker , I declare my interest to the extent that I am a member of the Bar. This concern was raised with me this week by a member of the Bar and I immediately advised my col-league, the Shadow Minister of Finance, and …

The Speaker The Speaker It did or did not? Hon. Trevor G. Moniz: It did happen. Yesterday a letter was sent to the Minister by the Vice President of the Bar (because the President was away) enclosing the other letter and expressing the Bar’s concerns th at this would apply —that these new requirements …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak to it? Any other Member? Minister. Hon. Walter H. Roban: Thank you, Mr. Speaker . If I can just address some of the questions that were raised, and I would just like to say that I am as bewildered by …

An Hon. Member An Hon. Member Last Friday. Hon. Walter H. Roban: Well, as I know . . . I was not here last Friday so I cannot speak for it, but I know my own actions in this were an effort to ensure that the Opposition was fully . . . had the same capability …

The Speaker The Speaker Deputy Premier, just yield for a point of order. Madam Opposition Leader. 170 22 September 2017 Official Han sard Report Bermuda House of Assembly POINT OF CLARIFICATION Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker . Mr. Speaker , I just think it is important for us to make …

The Speaker The Speaker Might I suggest that we can move on past this? Hon. Walter H. Roban: Yes.

The Speaker The Speaker Because I think there were some questions that were raised in reference to the legislation itself and let us not g et bogged down on this series of conversation. Hon. Walter H. Roban: Yes, Mr. Speaker , I—

The Speaker The Speaker I think the House—the Speaker —had been made aware that both sides had agreed to it and that is why this matter proceeded. So, let us continue on. Hon. Walter H. Roban: Thank you, Mr. Speaker . I just wanted to make clear what the Gover nment’s position was and …

The Speaker The Speaker Just move on. Hon. Walter H. Roban: I am happy to move on.

The Speaker The Speaker Sure, okay. Hon. Walter H. Roban: But the record needs to show —

The Speaker The Speaker Yes, yes. Hon. Walter H. Roban: —the facts.

The Speaker The Speaker Yes, it is done. Move on. Hon. Walter H. Roban: In relation to the question . . . this issue of the lawyers and the exemption from the 1976 Act being removed is something that, yes, we are very aware of . . . has raised some concerns amongst the …

The Speaker The Speaker Okay. No, no, you need to take further action. You are closing out. Do you w ant to move this on? Hon. Walter H. Roban: I now ask that the Bill be committed, Mr. Speaker .

The Speaker The Speaker Thank you. Mr. Deputy? House in Committee at 3:24 pm [Hon. Derrick V. Burgess, Sr., Chairman ] COMMITTEE ON BILL REAL ESTATE BROKERS’ LICENSING ACT 2017

The Chairman Chairman Honourable Member s, we are now in Committee of the whole House for further consider ation of the Bill entitled the Real Estate Brokers’ Licensing Act 2017. I call on the Minister in charge to pr oceed. Minister, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Chairman. …

The Chairman Chairman Any objections to moving clauses 1 through 10? Hon. Walter H. Roban: —in agreement to the Opposition.

The Chairman Chairman There appear to be none. Carry on. Hon. Walter H. Roban: And then 11 through 20 . . .

The Chairman Chairman Carry on. Hon. Walter H. Roban: Clause 1 is the standard cit ation clause. Clause 2 is the Interpretation section along the changes made here. An “agent” is now known as a “broker” and a “salesman” is now to be known as an “agent.” Clause 3 deals with persons to …

An Hon. Member An Hon. Member Does not apply. Hon. Wa lter H. Roban: Does not apply, sorry. Yes, thank you. Lawyers, members in good standing with the Bermuda Bar who traded in the course and as part of their practice as attorneys, were exempt from the r equirements of the 1976 Act. Under this Act …

The Chairman Chairman Any further speakers to clauses 1 through 10?

Mrs. Jeanne J. Atherden Just to say, Mr. Chairman, that bearing in mind that the Ac ting Minister, Finance Minister, has indicated that he will follow through on that, I think that we just need to be mindful of that . . . depending on the conversation that he has with the Bar, that …

The Chairman Chairman Any further speakers?

Mr. Deputy Premier. Hon. Walter H. Roban deputy premier Just to answer on that point, Mr. Chairman. Yes, we recognise that the change made to the earlier clause mi ght affect definitions in other places, so we are mindful that this will be taken into consideration with those discussions going forward. Clause 11, if I can continue —

The Chairman Chairman Do you want to move the first 10? Hon. Walter H. Roban: I am sorry. I would like to move clauses 1 through 10, Mr. Chairman.

The Chairman Chairman It has been moved that clauses 1 through 10 be approved. Is there any objection to that motion? There appear to be none. Agreed to. Carry on. [Motion carried: Clauses 1 through 10 passed.] Hon. Walter H. Roban: Thank you, Mr. Chairman. Clause 11 —

The Chairman Chairman Would you do [clause] 11 to what? Hon. Walter H. Roban: [Clauses] 11 through 30, how is that?

The Chairman Chairman Thirty. Any objections to doing [clauses] 11 through 30? There appear to be none. Carry on, Mr. Deputy Premier. Hon. Walter H. Roban: Clause 11 deals with the l icensing of partnerships and companies as brokers. Clause 12 establishes the Real Estate Advis ory Board which will have responsibility for …

The Chairman Chairman Go ahead. Hon. Walter H. Roban: Mr. Chairman.

The Chairman Chairman Yes. Hon. Walter H. Roban: I beg your indulgence. I have been made aware of a technical officers, there is an amendment that needs to be made. I was not aware and I —

The Chairman Chairman We have not seen it. Any amendment should come first. Hon. Walter H. Roban: I apologise. I was not aware of this.

The Chairman Chairman Make sure the Opposition gets it and make sure we get it. Hon. Walter H. Roba n: The Sergeant -at-Arms has the copies. I was not aware that this was here, so I beg your indulgence—

The Chairman Chairman Carry on. Hon. Walter H. Roban: —so I can deal with it.

The Chairman Chairman Maybe you want to go to the next and then just give the Opposition time — Hon. Walter H. Roban: —yes we can do this after I finish reading those clauses up to 30.

The Chairman Chairman Agreed. Hon. Walter H. Roban: My apologies to the House for the delay.

The Chairman Chairman Accepted.

Mrs. Jeanne J. Atherden Mr. Chairman. The Cha irman: Yes, Honourable Member .

Mrs. Jeanne J. Atherden In the normal practice, if one was going to make an amendment . . . we would stop after [clause] 22. So shall we just go to [clause] 22 and then we can make the amendment. [Inaudible interjections]

Mrs. Jeanne J. Atherden You are making something on [clause] 22, so shall we just go to [clause] 21 so we can deal with questions? And then afterwards we can make the amendment in [clause] 22 and then go forward. The Chairman: Well, we can do it that w ay, but it is not …

The Chairman Chairman Carry on. Hon. Walter H. Roban: —and then move forward from there, Mr. Chairman, if that is fine with you.

The Chairman Chairman That is fine, fine. Hon. Walter H. Roban: Clause 23 deals with the books and accounts that broker s must keep. Clauses 24 and 25, no action may be brought for a commission or remuneration or for the recovery of a commi ssion or remuneration in connection with services rendered …

The Chairman Chairman Deputy Premier, do we want to deal with the matter with [clause] 22 first? Thank you. Hon. Walter H. Roban: Thank you, Mr. Chairman. I hope that that gave time for people also to consider the amendment. That was one reason why I was happy to read all of that …

The Chairman Chairman Yes. AMENDMEN TS TO CLAUSE 22 Hon. Walter H. Roban: The Real Estate Brokers’ Licensing Bill 2017 be amended in clause 22 as follows: in subsection (2) , by deleting the word “Minister” and substituting “Superintendent of Real Estate”; and in subsection (4) by inserting the words “of Real Estate” …

The Chairman Chairman Carry on. Hon. Patricia J. Gordon -Pamplin: Yes, just for clar ity, Mr. Chairman, if the Minister could just read how the new clause—

The Chairman Chairman Would read? Hon. Patricia J. Gordon -Pamplin: —sentence is supposed to read and that would help. Hon. Walter H. Roban: I just read it. Hon. Patricia J. Gordon -Pamplin: No, you just said—

The Chairman Chairman Do it again. Hon. Patricia J. Gordon -Pamplin: —implementing, deleting . . . just read the whole thing as it ought to be. Hon. Walter H. Roban: I did read . . . I th ought that was what I did, Mr. Chairman.

The Chairman Chairman Well, do it again, that is fine. You can do it again. Hon. Walter H. Roban: Okay.

The Chairman Chairman We have got time. Hon. Walter H. Roban: In clause 22, in subsection (2) by deleting the word “Minister” and substituting— Hon. Patricia J. Gordon -Pamplin: Sorry, sorry, Mr. Chairman. What I asking the Honourable Member to do is to go to clause 22, subsection (2) saying that clause 22, …

The Chairman Chairman Can you . . . Hon. Walter H. Roban: I thought I did read clause 22 already.

The Chairman Chairman Do it again, D eputy [Premier]. Hon. Patricia J. Gordon -Pamplin: Just clause 22 reads.

Hon. Dr. E. Grant Gibbons She is asking you to read what it sounds like after the amendment. Hon. Patricia J. Gordon -Pamplin: After the amendment. Hon. Walter H. Roban: Yes, I read the amendment,

Mr. Chairman. The Chairman Deputy Premier, will you do it again, please? Hon. Walter H. Roban: Okay. I am reading the amendment —

The Chairman Chairman Yes, but read it as it would sound in the actual Act after the amendment is done. Hon. Pat ricia J. Gordon -Pamplin: After the amendment.

Hon. Dr. E. Grant Gibbons How does the clause read after the amendment?

The Chairman Chairman Yes, after the amendment has been made. [Crosstalk ] Hon. Walter H. Roban: Just a moment, Mr. Chai rman. [Pause] Hon. W alter H. Roban: Mr. Chairman, I think this is pretty straightforward. I am merely deleting words from the existing clause 22.

The Chairman Chairman You are deleting and you are adding. Hon. Walter H. Roban: And I will read it as it is going to read —

The Chairman Chairman Right. Thank you. Hon. Walter H. Roban: —clause 22.

The Chairman Chairman Thank you Deputy [Premier]. Hon. Walter H. Roban: Clause 22: “Production of documents.” Subsection (2) will read as such: “ A pe rson who has the custody, possession or co ntrol of the books or documents referred to in subsection (1) shall within five business days of a demand produce …

The Chairman Chairman Thank you. Hon. Walter H. Roban: And what I read indicated that I was deleting [the word] “Minister.”

The Chairman Chairman Thank you. That is okay. Any speakers? Any further speakers? Hon. Patricia J. Gordon -Pamplin: Just also, Mr. Chairman, for the purposes of subsection (4) of [clause] 22, similarly. I will just go through it very quickly if the Minister do es not mind. It will now read—if the Minister …

The Chairman Chairman Right. Hon. Walter H. Roban: So perhaps they do not have a copy of the Act where they could themselves see it, but that is exactly what I described here in this amendment.

The Chairman Chairman Any objections to the amendment?

The Chairman Chairman No objections. The amendment s to clause 22 are approved. [Motion carried: Amendment s to clause 22 passed.] Hon. Walter H. Roban: May I ask that clauses 11 through 30 be —

The Chairman Chairman Wait one second. Honourable Member ?

Mrs. Jeanne J. Atherden I did not have a question on [clause] 22, but I did have a question on the rest of the [clauses] 11 through 30. Hon. Walter H. Roban: No problem. The Chairman: Go ahead, Honourable Member .

Mrs. Jeanne J. Atherden I just, with respect to clauses 22 and 23, the “Production of documents” and the [“Broker’s Accounts.”] I guess I would like to ask the Acting Minister, is there any . . . I know that we are saying that we are just so rt of changing the words around, …

The Chairman Chairman Thank you, Deputy [Premier]. Any further speakers? Minister, Deputy Premier, do you want to move clauses 11 through 30. Hon. Walter H. Roban: And I will just correct that. That is [FATF], not NAMLC.

Mrs. Jeanne J. Atherden FATF. Hon. Walter H. Roban: F-A-T-F, sorry. But it is all bundled up for us these days anyway.

Mrs. Jeanne J. Atherden The alphabet. Hon. Walter H. Roban: Yes. I wish to move clauses 11 through 30, Mr. Chairman, as read. 176 22 September 2017 Official Han sard Report Bermuda House of Assembly Some Hon. Members: As amended. Hon. Walter H. Roban: And as amended, sorry.

The Chairman Chairman It has been moved that clauses 11 through 30, as amended, be approved. Is there any objection to that motion? There appear to be none. Agreed. [Motion carried: Clauses 11 through 30 passed as amended.]

The Chairman Chairman Minister, carry on. Hon. Walter H. Roban: Thank you, Mr. Chairman. Clause 31 sets out the duties of an agent.

The Chairman Chairman What are you doing, [clause] 31 through? Hon. Walter H. Roban: I am sorry, [clause] 31 to . . . I can go right through if that is for the appetite of Members of the House.

The Chairman Chairman No objection to that? [Inaudible interjection] Hon. Walter H. Roban: Thank you. Mr. Chairman, I should be obliged.

The Chairman Chairman Yes, carry on. Carry on, Deputy Premier. Hon. Walter H. Roban: Thank you. Clause 31 sets out the duties of an agent. Clause 32 provides that a broker or agent may not induce a party to break a contract for the purpose of entering into a contract with another principal. …

The Chairman Chairman Thank you. Any further speakers? The Honourable Shadow Finance Minister.

Mrs. Jeanne J. Atherden Thank you, Mr. Chairman. Acting Minister, I just have one question with respect to [clause] 51. It says “ Notwithstanding section 80 of the Criminal Juris diction and Procedure Act 2015, a prosecution under this Act shall be commenced within three years from the date on which the offence is …

The Chairman Chairman Deputy Premier, do you want to r espond to that? Hon. Walter H. Roban: Mr. Chairman, I suspect that, perhaps, other limitations under the law might apply here and allow for a proper prosecution to be made. But I will confirm details of that and I will undertake it to …

The Chairman Chairman Any further speakers? There appear to be none. Do you want to move clauses 31 through 56, Minister? Hon. Walter H. Roban: Mr. Chairman, I ask that we approv e clauses 31 through 56.

The Chairman Chairman Yes. It has been moved that clauses 31 through 56 be approved. Is there any objection to that motion?

The Chairman Chairman There appear to be none. Agreed to. [Motion carried: Clauses 31 through 56 passed.]

The Chairman Chairman Do you want to deal with the Sche dules now? Hon. Walter H. Roban: Yes, I would like to move the amendment to the Schedule, Mr. Chairman. In Schedule 3 by deleting section —

The Chairman Chairman Are you moving Schedules 1 through 3? Hon. Walter H. Roban: Yes, but I have an amendment that I would also—

The Chairman Chairman Yes. Hon. Walter H. Roban: I would like to state the amendment first and then move it after we finish and approve the amendment.

The Chairman Chairman Go right ahead. AMENDMENT TO SCHEDULE 3 Hon. Walter H. Roban: In Schedule 3 by deleting the [words] “(Section 56)” in brackets , following the hea ding of the Schedule, and substituting [the words] “(Section 55)”. It is just changing one number. Thank you , Mr. Chairman. So I ask …

The Chairman Chairman Yes, it has been moved . . . any o bjections? Any further speakers, I should say?

Hon. Dr. E. Grant Gibbons Yes, Mr. Chairman, you have got another typo on page 23, Schedule 1, (Section 1(1)(b)). You ha ve got two semicolons there, if we are dealing with typos.

The Chairman Chairman Yes, I see. [Crosstalk]

The Chairman Chairman That is just a typo. Any further speakers? Deputy Premier? 178 22 September 2017 Official Han sard Report Bermuda House of Assembly Hon. Walter H. Roban: Mr. Chairman, I am advised that Chambers can make that correction on the Schedule.

The Chairman Chairman Okay. So you are moving the Schedules? Hon. Walter H. Roban: Yes, I wish to move the Schedules, 1 through 3.

The Chairman Chairman It has been moved that Schedules 1 through 3 be approved, as amended. Is there a ny objection to that motion? There appear to be no objections. Agreed to. [Motion carried: Schedules 1 through 3 passed as amended.] Hon. Walter H. Roban: Thank you, Mr. Chairman. I would ask now …

Hon. Dr. E. Grant Gibbons The Preamble.

The Chairman Chairman Well, you have got to move the Pr eamble. Hon. Walter H. Roban: I am sorry, I move the Pr eamble. I move that the Preamble be approved.

The Chairman Chairman It has been moved that the Preamble be approved. Is there any objection to that motion? There appear to be no objections. Agreed to. Continue. Hon. Walter H. Roban: I move that the Bill be repor ted to the House, as amended.

The Chairman Chairman It has been moved that the Bill be reported to the House as printed and as amended. Is there any objection to that motion? There appear to be no objections. Agreed to. The Bill will be reported to the House as print ed and as amended. [Motion carried: The Real …

The Speaker The Speaker Any objections to the [Bill] as amended? No objections? We will move on to . . . oh, that completes the last item on the Order Paper today that was done. We are going to carry over [Orders Nos.] 9 and 10. [Inaudible interjection]

The Speaker The Speaker Yes, and we will now do third readings, Ministers. SUSPENSION OF STANDING ORDER 21 Hon. Walton Brown: Good afternoon, Mr. Speaker . I am just standing in for the Minister of Health —

The Speaker The Speaker Go right ahead, Minister. Hon. Walton Brown: —who decided to vacate the Chambers temporarily. I move that [Standing Order 21] be suspended for me to allow the third reading of the Quarantine Amendment Act 2017.

The Speaker The Speaker Yes, continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING QUARANTINE AMENDMENT ACT 2017 Hon. Walt on Brown: I move that the House do now approve the Quarantine Amendment Act 2017.

The Speaker The Speaker Any objections to that? No objections. Hon. Walton Brown: Mr. Speaker , I move that the [Standing Orders] be suspended to allow for the third reading of the Pr oceeds of Crime Amendment (No. 2) [Act] 2017. Hon. Patricia J. Gordon -Pamplin: Point of order, Mr. Speaker .

The Speaker The Speaker Point of order? POINT OF ORDER [Procedure] Hon. Patricia J. Gordon -Pamplin: Yes. Just before the Honourable Member goes on to the next Order he should be asking to move that Bermuda House of Assembly the Bill do now pass, the one that he had just read for the third …

The Speaker The Speaker Yes, yes, correct. Hon. Walton Brown: Thank you, honourable colleagues. I am happy to be guided. I move that —

The Speaker The Speaker You were doing [Order] No. 5. You have done O rder No. 5, you move that to pass before you go on to Order No. 6. Hon. Walton Brown: I move that the Quarantine Amendment Act 2017 do now pass.

The Speaker The Speaker Okay. It is passed. [Motion carried: The Quaranti ne Amendment Act 2017 was read a third time and passed.]

The Speaker The Speaker Do you want to continue or are you going to let the substantive Minister? Hon. Walton Brown: Well, now that she has returned she can proceed.

The Speaker The Speaker Okay. Minister, would you l ike to do [Order] No. 6? Hon. Kim N. Wilson: Thank you, Mr. Speaker .

The Speaker The Speaker Third reading.

An Hon. Member An Hon. Member The Regulations were passed. Hon. Kim N. Wilson: Mr. Speaker , that is right.

The Speaker The Speaker Oh, that is right, that is right. The Regulation s do not . . . okay, fine. We will now move on. Deputy Premier, are you going to do No. — Hon. Kim N. Wilson: Ah, Mr. Speaker ? [Order] No. 4, the Proceeds of Crime.

The Speaker The Speaker [Order] No. 4, yes, yes. SUSPENSION OF STANDING ORDER 21 Hon. Kim N. Wils on: Mr. Speaker , I move that Stan ding Order 21 be suspended to enable to me to move that the Bill entitled Proceeds of Crime Amendment (No. 2) Act 2017 be now read the third …

The Speaker The Speaker Yes. [Motion carried: Standing Order 21 sus pended.] BILL THIRD READING PROCEEDS OF CRIME AMENDMENT (NO. 2) ACT 2017 Hon. Kim N. Wilson: I now move that the Bill do now pass.

The Speaker The Speaker Any objections to that? No objections. It has passed. [Motion carried: The Proceeds of Crime Amendment (No. 2) Act 2017 was read a third time and passed.]

The Speaker The Speaker Deputy Premier, you do [Order] No. 8, No. 1? Hon. Walter H. Roban: One, two, three and eight.

The Speaker The Speaker Well, let us do [Order] No. 1 first. Hon. Walter H. Roban: One, yes, of course. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: I now move that Standing Order 21 be suspended to enable me to move the Bill entitled Companies Amendment (No. 2) Act 2017 be now …

The Speaker The Speaker Any objections to th at? No objections. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING COMPANIES AMENDMENT (NO. 2) ACT 2017 Hon. Walter H. Roban: I now move that the Bill do now pass.

The Speaker The Speaker No objections? Passed. [Motion carried: The Companies Amendment (No. 2) Act 2017 was read a third time and passed.]

The Speaker The Speaker You can do the next item, [Order] No. 2. SUSPENSION OF STANDING ORDER 21 180 22 September 2017 Official Han sard Report Bermuda House of Assembly Hon. Walter H. Roban: I now move that Standing Order 21 be suspended to enable me to move that the Bill entitled Payroll Tax …

The Speaker The Speaker Are there any objections to that? No objections. Continue. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING PAYROLL TAX AMENDMENT (NO. 3) ACT 2017 Hon. Walter H. Roban: I now move that the Bill do now pass.

The Speaker The Speaker Any objections? It has now passed. [Motion carried: The Payroll Tax Amendment (No. 3) Act 2017 was read a third time and passed.]

The Speaker The Speaker Deputy Premier, you can continue with Order No. 3. SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Roban: I now move that Standing Order 21 be suspended to enable me to move that the Bill entitled USA –Bermuda Tax Convention (No. 3) Amendment Act 2017 be now read a third …

The Speaker The Speaker Any objections to that? No objections. Continue on, Deputy Premier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING USA –BERMUDA TAX CONVENTION (NO. 3) AMENDMENT ACT 2017 Hon. Walter H. Roban: I now move that the Bill do now pass.

The Speaker The Speaker Any objec tions? It has now passed. [Motion carried: The USA -Bermuda Tax Convention (No. 3) Amendment Act 2017 was read a third time and passed.] The Speaker: Deputy Premier, would you like to move Order No. 8? SUSPENSION OF STANDING ORDER 21 Hon. Walter H. Rob an: I now …

The Speaker The Speaker Any objections to that? No objections. Continue, Deputy P remier. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING REAL ESTATE BROKERS’ LICENSING ACT 2017 Hon. Walter H. Roban: I now move that the Bill do now pass.

The Speaker The Speaker No objections. The Bill has now passed. [Motion carried: The R eal Estate Brokers’ Licensing Act 2017 was read a third time and passed.]

The Speaker The Speaker Deputy Premier? ADJOURNMENT Hon. Walter H. Roban: Mr. Speaker, I do now ask that the House do adjourn until its next sitting in seven days.

The Speaker The Speaker Does any Mem ber wish to speak to . . . okay. I caught the eye of the Member from constit uency 10, the Honourable Member, Mr. Dunkley. Mr. Dunkley, you have the floor. Hon. Michael H. Dunkley: Thank you, Mr. Speaker, and good evening to you, colleagues. Before I …

The Speaker The Speaker You said 32 nd? [Inaudible interjections] Bermuda House of Assembly The Speaker: All right. Hon. Michael H. Dunkley: Anyway — [Inaudible interjections]

The Speaker The Speaker I thought you were pretty good at math, Honourable Member. But I may question that now, but we will accept it. GAMING Hon. Michael H. Dunkley: Mr. Speaker, I rise tonight to take some time in the motion to adjourn to address the subject of gaming which has caused me …

The Speaker The Speaker Gentlemen. Honourable Members. Members. Hon. Michael H. Dunkley: —already starting to make some noise on that side. I expected that, Mr. Speaker. 182 22 September 2017 Official Han sard Report Bermuda House of Assembly [Inaudible interjections]

The Speaker The Speaker Members. Hon. Michael H. Dunkley: But I hear Honourable Mem bers want to raise the standards of accountabi lity, not only in this House, but in the ministerial code of conduct, and there is an easy way of doing that. It is to be open and to say what was …

The Speaker The Speaker What is your point of order? We will take your point of order. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is certainly misleading the House and the people of Bermuda. He just said that his two former ministers had gaming intentions. If he does …

The Speaker The Speaker Point of order? POINT OF ORDER [Imputing improper motives] Hon. Derrick V. Burgess, Sr.: Yes, Mr. Speaker, the Member is violating [Standing Order] 19(11)(f). No Member shall impute improper motives toward any Member. You know, Mr. Speaker, if I am going on a trip with Grant Gibbons, that is no …

The Speaker The Speaker Thank you. Point made. An Ho n. Member: Just tell the truth. Bermuda House of Assembly Hon. Michael H. Dunkley: Thank you, Mr. Speaker. I am not [imputing] improper motives on any Member. But if Members want to wear that shoe like that, it is going to wear out really …

The Speaker The Speaker Wait your turn. Wait your turn, Members. Hon. Michael H. Dunkley: —the question, to the Honourable Members who are upset about it, I ask the question, Are those regulations being redrafted with the advice of the Bermuda Casino Gaming Commi ssion? [Inaudible interjections] Hon. Michael H. Dunkley: Now, Mr. Speaker, …

The Speaker The Speaker Members, Members. One conversation directed to the Chair. Hon. Michael H. Dunkley: Thank you and I enjoy conversation with you, Mr. Speaker. Mr. Speaker, the final point that I will make which is a real concern about gaming is that . . . and we knew it from the very …

The Speaker The Speaker Three minutes. Hon. Michael H. Dunkley: Yes. I have been looking at that clock.

The Speaker The Speaker Three minutes. Hon. Michael H. Dunkley: Unlike some, I do not have to ask because I write it down. [Inaudible interjections] Bermuda House of Assembly Hon. Michael H. Dunkley: Mr. Speaker, I believe that over the past four and a half years, the former Government made significant progress in moving …

The Speaker The Speaker Thank you. Does any other Member wish to speak? I recognise the Member from constituency 2. The Honourable Member, Mr. Swan, you have the floor. HYPOCRISY

Mr. Hubert (Kim) E. Swan Mr. Speaker, good eve ning to you and thank you for allowing me these few minutes. I think it was some four and a half years ago . . . two Fridays ago, it was four and a half years prior that I last came into this hallowed Chamber and …

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

Mr. Hubert (Kim) E. Swan How could you come here today, Mr. Speaker . . . I will stand away because people accuse me of shouting. My voice just carries a little far. [Inaudible interjections]

The Speaker The Speaker Go ahead.

Mr. Hubert (Kim) E. Swan But, Mr. Speaker, how can you come here today and accuse a Government of less than 100 days of hypocrisy when you practi ced hypocrisy to the nth degree? [Desk thumping]

Mr. Hubert (Kim) E . Swan I came here with my wife with a petition that I vetted. It took me six weeks. I magine going through 3,000- plus signatures on your own and vetting them to see if they were on the vo ter’s registration list. And I presented it to this Honour-able House and …

Mr. Hubert (Kim) E. Swan When encouraged by the Opposition Leader at that time, Mr. Marc Bean, to man up, Swany, you are a bigger man than me, because I probably would have . . . You know. But, Mr. Speaker, you cannot have it both ways in life. [Inaudible interjections]

Mr. Hubert (Kim) E. Swan You cannot have it both ways. You cannot come here and just pontificate on hypocrisy when you practice it better than anybody in this House! [Desk thumping]

Mr. Hubert (Kim) E. S wan Anybody in this House! [Desk thumping]

Mr. Hubert (Kim) E. Swan I said nothing for those four and a half years. But I am here today by the grace of those great people down in St. George’s West. God bless them! Mr. Speaker, that Honourable Member said that . . . and this is what really . . . I had …

An Hon. Member An Hon. Member Speak, my brother.

Mr. Hubert (Kim) E. Swan Only if required. He spoke of unwarranted attacks on persons who cannot defend themselves. May Mr. Crock well rest in peace! [Desk thumping] 186 22 September 2017 Official Han sard Report Bermuda House of Assembly Mr. Hubert (Kim) E. Swan: How dare you!

An Hon. Member An Hon. Member How dare you!

Mr. Hubert (Kim) E. Swan How dare you! The man has got a family!

Mr. Hubert (Kim) E. Swan He has got children. An Hon. M ember: Yes!

Mr. Hubert (Kim) E. Swan He has got a . . . man, he has got a father that I see and I hail to because he takes his solace in going out in his truck, and he is near my mom’s age, you know. And you dare— you dare—and it was even included in …

The Speaker The Speaker All right. Members, Members! Let’s speak to Chair.

Mr. Hubert (Kim) E. Swan Mr. Speaker, thank you for that direction, because I could not come to grips with why, after this House, these people of Bermuda returned the Government to 59 per cent . . . only once in the history of Bermuda has there ever been 61 per cent, and that was …

Mr. Hubert (Kim) E. Swan So how monumental it was, the tone of that Reply. I could not wrap my mind around . . . how could you come with such a tone? And I had the responsibility in a prior li fe to give a Reply to a Government that had won a lan …

The Speaker The Speaker Mm-hmm.

Mr. Hubert (Kim) E. Swan And I spoke in my Throne Speech of how a former colleague of mine who challenged me back in 2007 . . . you might have reme mbered one time, my first speech as Opposition Leader, first press conference, Gary Moreno . And they said, Man, he’s all wound up. …

Mr. Hubert (Kim) E. Swan But you know what that Member, whose name also would be amongst those of this alleged . . . can you believe it when you talk about hypocrisy? People are getting al l wound up on that side about an alleged trip that did not take place. But if my …

An Hon. Member An Hon. Member Actionable!

Mr. Hubert (Kim) E. Swan Actuall y took place!

An Hon. Member An Hon. Member Oh, yes! [Inaudible interjections]

Mr. Hubert (Kim) E. Swan And people who are Members of a Cabinet actually went overseas. And there are people who went overseas and met with people who are . . . could actually, could ver y well be tied to gaming. And the origins of that trip will never be known because who quashed …

The Speaker The Speaker Members! Members!

Mr. Hubert (Kim) E. Swan —who is calling this Go vernment hypocritical today . . . Oh, my good Lord; I know why you brought me back. It was not to be anything but where I am today! [Desk thumping]

An Hon. Member An Hon. Member Amen! Amen! [Inaudible interjections]

Mr. Hubert (Kim) E. Swan Nowhere! To be able to stand up and really talk about some truth that is needed. Truth and reconciliation in this country! In the land where white privilege is practiced by no less than the last speaker! And it is true! Because in my way of living, if you lose …

Mr. Hubert (Kim) E. Swan Why, Honourable Member? You tell me why!

An Hon. Member An Hon. Member Absolutely!

Mr. Hubert (Kim) E. Swan And you talk about gambling, and you only play blackjack here and there and whatever. I mean, you know, but you gambled on us when you took the people’s money and rolled it on the America’s [Cup] dice, hoping that it would bring you the windfall and great promis e. …

The Speaker The Speaker Members! Members!

Mr. Hubert (Kim) E. Swan It did not happen. [Inaudible interjections]

Mr. Hubert (Kim) E. Swan Thank you. I just want to say, Mr. Speaker, that if we want to engage in not being . . . if we really want . . . because I have heard that the Honourable Member that just spoke, . . . after the election he spoke about race. And …

The Speaker The Speaker Always.

Mr. Hubert (Kim) E. Swan He sends me out to the wilderness, Mr. Speaker, to learn what it is to believe in a higher power ; the same power that we pray to, every s ession. We turn to the east and say the Lord’s Prayer. Right?

An Hon. Member An Hon. Member And other prayers.

Mr. Hubert (Kim) E. Swan And other prayers. Why? Why do we do that? I want to say this, Mr. Speaker. I have been in the wilderness, without health insurance. I had to pray that I did not get sick, Mr. Speaker. Right? [Inaudible interjections] 188 22 September 2017 Official Han sard Report Bermuda House …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak? Any other Member? We recognise the Opposition Leader. Madam Opposition Leader, you have the floor. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. Mr. Speaker, I could not but get to feet follo wing the comments made by the …

Mr. Hubert (Kim) E. Swan Point of order, Mr. Speaker.

The Speaker The Speaker We will take your point of order. POINT OF ORDER [Misleading]

Mr. Hubert (Kim) E. Swan I believe t he Opposition Leader is unintentionally misleading the House.

The Speaker The Speaker Give your point of order.

Mr. Hubert (Kim) E. Swan The time sequences that the Opposition Member speaks of are not two and the same. So, they cannot be conjoined as being the poi nt that she is trying to make. And I will just illuminate, if you will allow me a minute, Mr. Speaker —

The Speaker The Speaker Keep it brief.

Mr. Hubert (Kim) E. Swan —because the time frame she spoke of, we actually got past that, and the time frame that she was referring to, the Honourable Member here and the general manager of Port Royal today and other members made it possible for me to go back and ply my trade. So, we …

The Speaker The Speaker Thank you.

Mr. Hubert (Kim) E. Swan So the two times t hat she speaks of, have a 10- year time lapse.

The Speaker The Speaker Thank you. Madam Opposition Leader, you have the floor. Continue. The point of order was taken. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. [Audio feedback]

The Speaker The Speaker Go ahead. Just without touching. Hon. Patricia J. Gordon -Pamplin: Okay. [Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: It’s good now. It’s good now. Okay. Thank you, Mr. Speaker. Mr. Speaker, irrespective of the time frames, there was a time when I sat with that Honourable Member, as I said, …

Mr. Hubert (Kim) E. Swan Point of order, Mr. Speaker. Point of order. Bermuda House of Assembly The Speaker: Point of order. POINT OF ORDER [Imputing improper motives]

Mr. Hubert (Kim) E. Swan The point of order is that Honourable Member —and I say “Honourable” —is imputing improper motives by suggesting that someone would throw me a bone. Let me say here and now, Mr. Speaker, there are many events that I can speak on, many motions on the adjournment that can certainly …

The Speaker The Speaker Make your point. Make your point.

Mr. Hubert (Kim) E. Swan I had an issue with employment under this current Government’s administr ation and I wrote to every Member of the Parliament , save and except but one or two. I did not get hardly any response. So, you know, problems with regard to employment transcend governments. And I think this …

The Speaker The Speaker Thank you.

Mr. Hubert (Kim) E. Swan —that that exists.

The Speaker The Speaker Thank you for your point of order. Madam Opposition Leader, continue. Hon. Patricia J. Gordon -Pamplin: Thank you, Mr. Speaker. I will reiterate the point that I made, Mr. Speaker. That I watched and worked alongside of an Honourable Member wh o then had the inability to ply his trade …

The Speaker The Speaker Madam Opposition Leader, will you take a point of order from the Minister? [Inaudible interjection]

The Speaker The Speaker Minister. POINT OF ORDER [Misleading] Hon. Zane J. S. De Silva: The Honourable Member is misleading the House, Mr. Speaker. She said that golf course was running well. Mr. Speaker, that golf course at the time was losing $600 or $1,000 per year. It was not running well. The S …

Madam Opposition Leader. Mr. Rolfe Commissiong opposition leader Point of order, Mr. Speaker.

The Speaker The Speaker Point of order on his point of order or . . . [Inaudible interjections]

The Speaker The Speaker Continue. [Inaudible interjections]

The Speaker The Speaker Contin ue quickly.

Mr. Rolfe Commissiong Mr. Speaker, the Honour able Opposition Leader implies that the golf course was closed specifically to make that Member unemployed. [Inaudible interjections] Hon. Patricia J. Gordon -Pamplin: Mr. Speaker —

The Speaker The Speaker Madam Opposition Leader, continue on.

Mr. Rolfe Commissiong That is the inference. Hon. Patricia J. Gordon -Pamplin: —thank you.

The Speaker The Speaker Only one of you at your feet at time. I will recognise the Opposition Leader. Continue. Hon. Patricia J. Gordo n-Pamplin: Thank you, Mr. Speaker. I am glad that Honourable Member made that comment because that Honourable Member was not in this House at the time that the then- Sports …

Mr. Hubert (Kim) E. Swan Point of order, Mr. Speaker. If the Honourable —

The Speaker The Speaker Just wait until you are recognised. Your point of order? You can keep it brief. POINT OF ORDER [Imputing improper motives]

Mr. Hubert (Kim) E. Swan The Honourable Member is [imputing] improper motives because if I remember correctly, we once sat together with the party that I stayed in in this House until 2012. It no longer carries a name it only carries the same people that were there prior. So, I think the Honourable Member …

The Speaker The Speaker Point, point, point taken.

Mr. Hubert (Kim) E. Swan Thank you.

The Speaker The Speaker Point understood. Continue, Member. Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, I said that we sat together as Members of the same party. I did not say which party it was. That Honour able Member was so engrossed and so married to that party that he continued to represent that …

The Speaker The Speaker Thank y ou. Any other Member? I recognise the Honourable Member, Minister De Silva. Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. [Inaudible interjection] THRONE SPEECH REPLY Hon. Zane J. S. De Silva: Mr. Speaker, I am scratc hing my head, …

The Speaker The Speaker We will take a point of order. Point of order. POIN T OF ORDER Hon. Patricia J. Gordon -Pamplin: Mr. Speaker, the Honourable Member has just alluded something that I have said. I said absolutely nothing. That Honourable Member needs to be able to correct, or at least hear properly. …

An Hon. Member An Hon. Member The writing is on the wall. Hon. Zane J. S. De Silva: The writing is on the wall. You think the casino operators in this world . . . it is a small circle, Mr. Speaker. Everybody knows ever ybody. They know what they are doing. They know where they …

The Speaker The Speaker Thank you, Member. Does any other Member wish to speak? I recognise the Honourable Member from constituency 1, the Honourable Member, Mrs. Renee Ming. And I am pausing here for a minute because I believe this is your maiden speech.

Mrs. Renee Ming Yes, it is, Mr. Speaker.

The Speaker The Speaker And Members of the House, you do recognise what that means. She has a free speech with no heckling, no noise, no interpolations from any Member, as she graces us with her first speech. Madam, you have the floor. MAIDEN SPEECH

Mrs. Renee Ming Thank you, Mr. Speaker. For the listening audience, I do not think I will be as fiery as some of my colleagues, but I would like to take this opportunity to say a few words and to . . . well, as I see it, to begin my time here …

An Hon. Member An Hon. Member That’s right.

The Speaker The Speaker Quiet. This is her maiden speech now. Her maiden speech.

Mrs. Renee Ming That’s right. To my branch members and executive, thank you. From meetings to long days of canvassing you stuck by me. We remained on track, and our efforts were fruitful, [resulting] ultimately in a victory for the people. Mr. Speaker, behind the scene I had an amaz ing team of …

Mrs. Renee Ming St. George’s boy, now! To my children, Jari, Samaiya , and, of course, my little politician, Raya , who have endured many late nights and plenty of take- out meals. My mother, my grandmother and my great -grandmother all continue to believe in my political walk. I must thank my …

Mrs. Renee Ming Mr. Speaker, if I may, I want to name and age them. It is almost like blame and shame a little bit here. On Election Day, my great -grandmother , Ismay Steede, who is 101, came down to vote. My grandmother, Doro thy Peniston, who is 78, came down to …

Mrs. Renee Ming Mr. Speaker, I may have lost by four votes in 2012, but in 2017, I assured myself that it was the five votes that got me over the top! [Laughter]

Mrs. Renee Ming Mr. Speaker, as each of you who sit here can att est, family is so very important. And so, for that, I thank them. Now, with that out of the way, Mr. Speaker, let me mention some more substantive matters. July 18 was an incredibly significant day. Not only did …

Mrs. Renee Ming The persons who try to sell off the Island’s soul will not disrupt the road ahead. And you can be assured of that. What we would hope for i nstead, Mr. Speaker, is constructive dialogue and engagement from all corners so that we can most effectively evaluate, critique, and pass …

The Speaker The Speaker Thank you, madam, Member, for your maiden speech. Before I recognise any other Member who wishes to speak, I wou ld just like to take a moment to acknowledge some of our former Members who are present. In the Gallery we have the former Senator Milton Scott, and here in …

The Speaker The Speaker Thank you for your maiden speech, Member. Does any other Member wish to speak? Mr. Simmons, the Honourable Member from constituency 32. I believe this would be your maiden speech as well.

Mr. Scott Simmons You are correct, Mr. Speaker.

The Speaker The Speaker Members, we recognise that this is his maiden speech, and we ask that it be quiet. Member in the Gallery, no cameras. You will be asked to l eave. Thank you Mr. Simmons, you have the floor. MAIDEN SPEECH

Mr. Scott Simmons Thank you, Mr. Speaker. First and foremost, I did not get the opportunity in the last sitting of the House to be able to extend to you, and certainly to the Deputy [Speak er], co ngratulations on your elevation both as Speaker and as Deputy Speaker of this most Honourable …

The Speaker The Speaker I recognise that this is your maiden speech.

Mr. Scott Simmons Thank you.

The Speaker The Speaker We are not allowed to drift back on a matter that has already been dealt with. You may want to speak on an issue that you have a concern about, but you cannot relate it to the Throne Speech.

Mr. Scott Simmons Thank you, Mr. Speaker. I will do just that. Mr. Speaker, it s tates as it relates to the Throne Speech that it was a historic election and it produced the clearest expression of the people’s will that Bermuda has ever witnessed. It also states that the Bermuda Progressive Labour …

Mr. Scott Simmons And h e is one of mine.

The Speaker The Speaker Members, remember this is his maiden speech. Do not distract him.

Mr. Scott Simmons I would like to thank the exec utive committee led by Mr. David Greene, the Deputy of the Branch, the Deputy, Mr. Delano Bulford. I would like to recognise Sharleen Webb, Joanne DeSilva, Deane Martin, and two new members of the exec utive, Maxine Esdaille and Leslie Robinson. Mr. Speaker, …

The Speaker The Speaker Maiden speech, quiet Members.

Mr. Scott Simmons —so that you can be part of a progressive group that has made it clear and recognises the significance of those in our community who need to be represented, and did the job that needed to be done in July, on July 18, 2017. The point that I wanted to …

The Speaker The Speaker Three minutes. Go ahead.

Mr. Scott Simmons I will speed forward and say this: There is a hurting part of our community that we must address. We have every, every opportunity with the majority that we have to begin to make that change and make the repair. I believe that we are going to do that. We …

The Speaker The Speaker Honourable Member, thank you for your comments. We appreciate your maiden speech. Is there any other Member who wishes to speak? We recognise the Honourable Member from constituency 21. The Honourable Mr. Commissiong, you have the floor. VOTING DEMOGRAPHICS

Mr. Rolfe Commissiong Mr. Speaker, what el oquence! What eloquence have we witnessed here t oday; I am so proud of that Honourable Member. CerBermuda House of Assembly tainly, the Members of the Opposition are getting a taste of what task lies before them. I mean, they had trouble, unsuccessful ultimately, keeping up …

Mr. Rolfe Commissiong And so, for all those people out in radio land, I have the unenviable task of follo wing Mr. Simmons. And remember, this was his first [speech] in this House. And for all those people in r adio land, on July 18 th we did have a great expression of …

Mr. Rolfe Commissiong Now, Mr. Speaker, my next point on the same line about how we can begin to move forward, how we can begin to close the racial 200 22 September 2017 Official Han sard Report Bermuda House of Assembly divides that continue to alienate us, four and a half years, it …

Mr. Rolfe Commissiong Now, Mr. Speaker, I am going on to my third point here. I am so happy that . . . and I have to use that word advisedly because in some ways it is nothing to be “happy” about. But we are seeing a growing awareness about the need for …

Mr. Rolfe Commissiong Ten. You see, 1.0 was with my generation when it came to this issue of at -risk young black men. Okay? And we are tal king about these young men then who are coming out of the 1970s and 1980s. Many people have forgotten the older me mbers, and many …

The Speaker The Speaker You have got less than a minute left, Mr. Commissiong, less than a minute.

Mr. Rolfe Commissiong Thank you. What is the difference? Do they go to church more than you? Are they more religious than you? The most salient and deterministic difference is that they have a higher soc ial economic status; they are more affluent than black Bermudians. So they are, therefore, insulated from these …

An Hon. Member An Hon. Member Hear , hear!

Mr. Rolfe Commissiong Let us get that right. [Timer beeps]

The Speaker The Speaker Thank you, Member.

Mr. Rolfe Commissiong Thank you, Mr. Speaker.

The Speaker The Speaker Does any other Member wish to speak? No other Member. No other Member. We will take the [D eputy] Premier, which means this will close the session when the [Deputy] Premier finishes. [Deputy] Premier, you have the floor. PLP GOVERNMENT’S AGENDA

Mr. Walter H. Roban Thank you, Mr. Speaker. You know, Mr. Speaker, I almost hesitate getting up t o speak at this point only because this motion to adjourn started not on a very good note. Frankly, it started on a very less -than-high standard in reference to the presentation that we were subjected …

The Speaker The Speaker Thank you, Mr. [Deputy] Premier. The House now stands adjourned until next Friday at 10:00 am. [Gavel] [At 6:13 pm, the House stood adjourned until 10:00 am, Friday, 29 September 2017.] 204 22 September 2017 Official Han sard Report Bermuda House of Assembly [This page intentionally left blank.]

September 22, 2017

Debate Transcript