The Deputy SpeakerDeputy SpeakerMembers, Confirmation of Minutes. Minutes of the 3rd of February 2017 are co nfirmed. The Minutes of the 10th of February are deferred. [Minutes of 3 February 2017 confirmed] MESSAGES FROM THE GOVERNOR
The Deputy SpeakerDeputy SpeakerThere are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGY
The Deputy SpeakerDeputy SpeakerI would like to extend the apologies of the Speaker, who will be in the House this afternoon, but unfortunately not this morning. MESSAGES FROM THE SENATE
The Deputy SpeakerDeputy SpeakerThere are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The Deputy SpeakerDeputy SpeakerThere are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The Deputy SpeakerDeputy SpeakerI call on the Minister, the Honourable Dr. E. G. Gibbons. AMERICA’S CUP UPDATE
The Hon. Dr. E. Grant GibbonsGood morning, Madam Deputy Speaker. Madam Deputy Speaker , I would like to update the House on the progress of preparations for the America’s Cup . It is hard to believe that we are less than 100 days away from the event which commences on the 26th May 2017 and …
Good morning, Madam Deputy Speaker. Madam Deputy Speaker , I would like to update the House on the progress of preparations for the America’s Cup . It is hard to believe that we are less than 100 days away from the event which commences on the 26th May 2017 and continues through to the end of June. Since my last update, excellent progress has been made on the transformation of the Royal Naval Dockyard South Basin and surrounding areas to host the event. Freepor t Drive has now become the Amer ica’s Cup [AC] “ pit row ”—Oracle Team USA and SoftBank Team Japan have been joined by the British team , Land Rover BAR , and Groupama Team France. Within the next few two months, Team New Zealand, Artemis , and Red Bull Youth America’s Cup will establish bases on the newly created Cross I sland. In addition to the AC teams, Cross Island will soon be built out with the infrastructure for all facets of the America’ s Cup Event Village. The ground work for a newly created America’s Cup transportation hub is underway to the east of Cut Bridge, and several of the West End Development Corporation (WEDCO) buil dings currently under construction will be used for the event. These include Oracle base, Building 9, Sail Loft, Prince Alfred Terrace, the Bungalow Cottage, and potentially the former HMS Malabar. The facilities will be leased for America’s Cup- related offices and to house the many operational groups required for or-ganising and staging the event, including the event’s joint command centre, volunteers, the medical team , and other key stakeholders. It should be noted that the Chicane Building and the Sail Loft in Dockyard add to the list of buil dings that were closed, or in a deplorable state, and are now being restored, improved , or upgraded and will be used for the America’s Cup. These upgrades and renovations offer huge benefits to WEDCO , and they give great support infrastructure for the e vent. The legacy benefit to these historical buildings is phenomenal—the S ail Loft alone will be a stunning long- term asset for WEDCO. Over the next few weeks, the Hamilton waterfront will undergo minor works to prepare the number - one dock area for superyacht berthing during the America’s Cup. 642 17 February 2017 Official Hansard Report
Bermuda House of Assembly Madam Deputy Speaker, our community co ntinues to benefit from ongoing America’s Cup- related infrastructure projects , as well as the relocation to Bermuda of almost 300 America’s Cup Event Author ity [ACEA] and America’s Cup team members , along with over 300 of their family members. All of these teams have included up to 10 Bermudians on their staff. To date, over 40 construction companies and professional services agencies have been involved in the ACBDA- funded America’s Cup projects in Doc kyard alone. Collectively, the teams have reported that they have spent over $22 million on their team base operations in 2016. This amount does not include team salaries and spending by individual team me mbers on local goods and services. The teams and their families have integrated nicely into our community. Some notable examples include SoftBank Team J apan, participating in the Argus Group’s Community Day with children and teachers at Sandys Secondary Middle School ; and Oracle, refurbishing 15 Optimist dinghies and donating them to the Sandys Boat Club , as well as sprucing up East End Primary School buil dings. Many America’s Cup team members have also participated in presentations at our schools. Madam Deputy Speaker , the America’s Cup Endeavour Programme conti nues to expose our local middle -school -aged students to sailing and learning opportunities through their STEAM (Science, Tec hnology, Engineering, Arts , and Mathematics ) curric ulum. To date, approximately 1 ,300 students have participated in the programme . This includes a weekday curricula r programme and an afterschool programme. Also, over 3,000 participants have taken part in the programme’s community outreach plan, which in-cludes various events such as Harbour N ights and the St. George’s Marine Expo. During January, two students who participated in the 2015/16 Endeavour Programme experienced a wonderful opportunity. At no personal cost, Ahza i Smith and Christopher Raymond flew to New Zealand with AC Endeavour Programme Coordinator , Leah Collis , to compete in three regattas , and they placed well in their respective divisions. In fact, during the Inaugural O’pen B IC National Championships, they both scored at the top of their divisions. The students were selected based on their performance and attendance at the Bermuda Sailing Nationals and were nominated by instructors from the East and West forts. Ahzai , from Warwick Academy , was the top performer at the Championship Fleet , and Christopher , from Mount Saint Agnes , was the top America’s Cup Endeavour performer at the Green Fleet , during N ationals. Both students worked with a private tutor to keep up to date with their school work while travelling. During the first week in February, Land Rover BAR opened their new team base and launched an Exploration Zone for local schoolchildren and the pu blic. Madam Deputy Speaker, in November 2016, America’s Cup Concessions Orders were made for Groupama Team France, Land Rover BAR, and Emirates Team New Zealand. The orders included the same employment -related concessions that were granted to the Artemis Racing, SoftBank Team Japan, and Oracle racing teams , as outlined under section 8 of the America’s Cup Act 2015. Land Rover BAR also received vehicle- related concessions for the import ation of up to six Land Rover vehicles for personal use by company officials and up to six Land Rover pas-senger vehicles to transport the team’s guests. All of the vehicles m ust leave the Island at the end of the event , and the six -passenger vehicles must be driven by persons with public service vehicle driver’s licences. Madam Deputy Speaker , in order to promote local awareness and general on-I sland exposure for the event, the ACBDA has initiated I sland- wide branding. Anyone travelling through the L.F. Wade Interna-tional Airport would have seen the presence of Amer ica’s Cup branding from the time they got off the ai rplane until they left the customs area. AC branding is also present on the back windows of Bermuda’s public buses and along some areas of the main road to Dockyard. Over the next few weeks , branding will be more prominently displayed on selected bus shelters, bridges , and light poles. The ACBDA’s marketing team is actively engaged in public relations initiatives to inform Bermuda about all aspects of the America’s Cup and how they can get involved. Additionally, most of the ACBDA’s 16 working committees, including more than 200 members and staffed predominantly by volunteers, have been wor king diligently for the past two years to develop struc-tured processes, action plans , and coordinated bud gets to ensure that all elements and functional areas are efficiently delivered for the event. Some of these plans include On- Water Services, Transportation, Telecoms, Infrastructure, Safety and Security, and Medi-cal Services. The large number of stakeholders has presented an opportunity for high- level networking in all sectors of the economy , which will result in lasting relatio nships and a legacy benefit. Just as important, the organisational experience gained will provide a superb foundation for hosting mega- sporting events in the future. Madam Deputy Speaker , in the lead- up to May and June, the ACBDA has identified business opportunities for services both on water and on land during the event. They are working closely with the Bermuda Economic Development Corporation, the Bermuda Tourism Authority , and other community partners to host a number of information sessions , from Feb ruary 23 rd to March 7th, where local busines ses and entrepreneurs will be invited to learn about potential commercial opportunities. They will be of-fered advice and guidance by industry experts.
Bermuda House of Assembly In December 2016, the ACEA held a casting call for local entertainers who are interested in performing during the event. This was open to any type of entertainment. At the same time, there was a call for auditions to be a member of the official band for the event , to be known as The Band . Auditions were held on the weekend of the 14 th and 15thof January. A pproximately 50 entertainers auditioned to be a me mber of The Band. The panel of judges included t he Band Musical Director, Mr. Robert Edwards , and re presentatives from ACBDA and ACEA. The judges narrowed the pool of contestants to 25 in the categories of female singers, male singers, drummers, guitarists, bassists, keyboardists, percussionists , and saxoph onists. The public had the opportunity to vote for their favourite contestants to reach the shortlist via a closed ballot on www.acbda.bm . More than 3,000 votes were cast, and the Band was announced on the 2nd of February , as follows : • Dave Pitman—Saxophonist ; • Jesse Seymour —Male Vocalist ; • Torrey Tacklyn —Bassist ; • Troy Washington, Sr.—Drummer ; • Raven Baksh—Female Vocalist/Guitarist ; • Leroy Francis —Keyboardist .
And that is “ The Band. ” Madam Deputy Speaker, over 800 individuals have expressed an interest in joining the First Mates America’s Cup Volunteer Programme, sponsored by XL Catlin. Approximately 700 volunteers will be r equired, and interviews for specific areas commenced during the last week of January. Madam Deputy Speaker , the ACEA launched its ticket sales for the event on the 9 th of December 2017 and is offering a significantly reduced rate for local residents. Tickets are available on the ACEA’s website at www.americascup.com . The race schedule and other pertinent information about the event can also be found on the site. Madam Deputy Speaker , I would also like to take this opportunity to congratulate three exceptional sailors, who will be leading Team Bermuda in the Red Bull Youth America’s Cup. They are Skipper, Mcken-zie Cooper; Team Manager, Owen Siese; and Boat Captain, Peter Dill. The 11 -member Bermuda team is training full time in their preparations for the Red Bull Youth America’s Cup Races. Although the team star ted from scratch, they quickly learned how to master the high- tech art of foiling in their M 32 practice boat. They are honing their skills under the supervision of their coaches and with support from Oracle Team USA. I understand they are rapidly becoming a force to be reckoned with. I am sure they will make all Ber-mudians pr oud. Madam Deputy Speaker , hosting AC35 ca nnot be done without the support of our community, businesses , and stakeholders. I would like to thank the ACBDA and its board, committee members, government department representatives, as well as the ACA, the teams , and all volunteers who have assisted in the AC 35 preparations to date. We have a ma mmoth task ahead, and the next few months will be demanding. I encourage everyone to remain focused and rally together in support of Bermuda during AC35. Thank you, Ma dam Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you, Member. I do believe you have the next Statement as well.
The Deputy SpeakerDeputy SpeakerPlease proceed. INDUSTRY CONSULTATION ON CONVERGED POLICY FOR BROADCASTING AND AUDIO -VISUAL MEDIA
The Hon. Dr. E. Grant GibbonsThank you, Madam Deputy Speaker . D evelopments over the past decade, partic ularly the transition from analogue to digital technology, have affected the ways in which consumers in Bermuda and around the world access news, information, and entertainment. C onsumers now access audiovisual content from a variety of platforms …
Thank you, Madam Deputy Speaker . D evelopments over the past decade, partic ularly the transition from analogue to digital technology, have affected the ways in which consumers in Bermuda and around the world access news, information, and entertainment. C onsumers now access audiovisual content from a variety of platforms including free over -the-air broadcast radio or television services, subscription audio -visual services delivered by cable systems and satellite service providers , and “over-the-top” services on the Internet that may be accessed by using fixed and mobile devices. Madam Deputy Speaker , in light of these changes, and as the Minister responsible for tele-communications, I have commenced a review of the Government’s existing policies and legislation relating to free- to-air broadcasting (both radio and television), many of which date back to the 1980s, that I intend to consider in the broader context of the evolving audiovisual media services sector. Madam Deputy Speaker , as you will be aware, as the Minister of Economic Development, I have responsibility for setting the policies for both broadcasting and for electronic communications. Broadcasting is defined by the Telecommunications Act 1986 as “the act of transmitting or re- transmitting radio communications intended for direct reception and use by any member of the public without charge . . .” Subscription audio -visual services, including c able television services, are classified as “ electronic communication services.” B roadcasting services today are still regulated quite differently from other audio- visual media services. Broadcasting services are licensed and reg ulated pursuant to the Telecommunications Act 1986. By contrast, subscription audio- visual services are licensed and regulated under the Electronic Comm unications Act 2011. 644 17 February 2017 Official Hansard Report
Bermuda House of Assembly Madam Deputy Speaker , my review of the Government’s existing policies and legislation relating to free- to-air broadcasting is, in fact, a continuation of the Telecommunications Regulatory Reform, which began in 2009. The global law firm formerly known as Squire , Sanders & Dempsey was engaged in May 2009 as consultants to assist the former Government with the first phase of the telecommunications regul atory reform initiative, which culminated in the enac tment of the Regulatory Authority Act 2011 and the Electronic Communications Act 2011, and ultimately the launch of the Regulatory Authority in 2013. Madam Deputy Speaker, at that time, I understand, it was considered expedient to limit the reform to electronic communications services, such as t elephony and subscription audio- visual services, whilst preserving the pre- existing legal and regulatory r egime applicable to broadcasting. The expectation, however, has always been that responsibility for the regulation of the broadcasting sector would eventually be transitioned to the Regulatory Authority. The growth of convergence, which has blurred the distinc-tions among electronic communications and broa dcasting, necessitates creation of a converged regul atory regime that will reflect international best practices and better meet the needs of the Bermuda community. The review also provides the opportunity to take a fresh look at the many long- established policies related to audio- visual content. Madam Deputy Speaker , as previously mentioned, I have begun the second phase of the Tele-communications Regulatory Reform Initiative, which focuses on the modernis ation of the legislative and regulatory framework for broadcast communications. To this end, I have continued the contractual relation-ship with Squire, Sanders & Dempsey, which is now known as Squire Patton Boggs. Phase II of the Reg ulatory Reform Initiative will be undertaken in three stages, namely: Stage I —Policy and Legislative Drafting, which wi ll lead to the issuance of a Ministerial Policy Statement on broadcasting and other audio- visual media services, and the tabling of new legislation to implement these policies; Stage II —Regulatory Drafting and Consult ation will revise regulations, many of which date back to the 1980s, to align with the new legislative regime; and finally Stage III— Additional Support to the Depar tment of Telecommunications, which will enable the department to better address other issues relevant to the audio -visual sector. Madam Deputy Speaker , I have begun the reform initiative by seeking input from the industry on a number of basic issues. Our [ key] industry stak eholders include the providers of free broadcast telev ision and radio services, subscription television servic e operators, entities that deliver content over leased cable channels , and Internet -based content providers. The list of preliminary issues includes licensing pol icies, local content policies, programme content , and advertising rules. Madam Deputy Speaker , based on the input received from industry, as well as a review of best practices in other jurisdictions, and giving full consi deration to the needs and concerns of the people of Bermuda, I intend to issue a draft Ministerial Policy Statement regarding the regulation of broadcasting and other audio- visual media services . At that time, I will engage the wider public by conducting a public consultation on the draft Policy Statement. After giving due consideration to the feedback and comments, I will then proceed to issue the Policy Statement, which will provide the basis for the legislation that the Go vernment intends to ultimately bring to this House. Thank you, Madam Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you, Member. I believe you have ano ther Statement. MEETINGS WITH NASA, FCC, NIST AND SATELLITE INDUSTRY
The Hon. Dr. E. Grant GibbonsThank you, Madam Deputy Speaker . I do. F ollowing on from a press statement I issued at the end of last year about my visit to the Headquarters of the National Aeronautics and Space Admi nistration (NASA) , I would like to provide Honourable Members with details of other …
Thank you, Madam Deputy Speaker . I do. F ollowing on from a press statement I issued at the end of last year about my visit to the Headquarters of the National Aeronautics and Space Admi nistration (NASA) , I would like to provide Honourable Members with details of other meetings that I held during that visit to Washington, DC, accompanied by my Permanent Secretary, Mr. William Francis. Madam Deputy Speaker , to recap: At NASA I met with the now -retired Admi nistrator and Deputy Administrator, Major General Charles Frank Bolden, Jr., and Dr. Dava Newman, as well as Mr. Al Condes from the Office of International and Interagency Rel ations. General Bolden and I discussed the long - standing relationship between NASA and Bermuda, which dates back to the early 1960s when Bermuda provided downrange tracking capabilities for the Mercury, Gemini , and Apollo manned space flight mi ssions. We also discussed NASA’s current mobile tracking facility and their request to develop a more permanent facility. General Bolden mentioned two of the agency ’s programmes which are open to intern ational students, including Bermudians. They are the International Internship Programme for interns, aimed at university undergraduate- and graduate- level st udents; and the International Space University, which develops the future leaders of the world’s space community by providing interdisciplinary educational programmes to students and space professionals in an international multicultural en vironment. Madam Deputy Speaker , I concluded the meeting with General Bolden by noting the 2014 agreement that Bermuda has with NASA for Bermudi-an students to participate in NASA’s Global Learning
Bermuda House of Assembly and Observations to Benefit the Environment, also known as the GLOBE programme. Madam Deputy Speaker , during the trip, I also met with the former Director and Under Secretary of Commerce for Standards and Technology at the N ational Institute of Standards and Technology ( often known as NIST), Dr. Willie E. May. D r. May was a ccompanied by Ms. Donna Dodson, the Chief Cyber-security Adviser and Director of the National Cybers ecurity Center of Excellence. T he purpose of this meeting was to gain a better understanding of the c ybersecurity framework that was developed b y the agency in 2014 under the Presidential Executive Order, “Improving Critical Infr astructure Cybersecurity .” This framework is based upon existing standards, guidelines , and practices to assist critical infrastructure organisations to manage and reduce their cybersecurity risks. It is also de-signed to promote risk and cybersecurity management communications amongst organisational stakeholders. Madam Deputy Speaker , the NIST Cybers ecurity Framework is of particular interest to the Go vernment, since it has been adopted to be used as the basis for assessing and managing the Government’s own cybersecurity risks. It is also under consideration by a Government -sponsored public /private sector working group investigating the cyber risks across Bermuda’s critical infrastructure industries. Madam Deputy Speaker, Dr. May and Ms. Dodson provided valuable insight into the development of the framework and also offered their vision into its future direction, which included the expansion of their private sector and international outreach pr ogrammes and an offer to conduct workshops in Ber-muda. My Ministry is currently following up on this of-fer, and I anticipate being able to announce a series of private- and public -sector cybersecurity risk management workshops in the near future. Madam Deputy Speaker, while in Washington, I also took the opportunity to meet with the now - former Chief of the International Bureau at the Federal Communications Commission (FCC), Ms. Mindel De La Torre, and Mr. Jose Albuquerque, the Chief of the Satellite Division. This meeting was requested to gain a better understanding of the FCC moratorium prohi biting service to the US satellite TV market , including from Bermuda’s own satellite network, BermudaSat -1. I should note that the moratorium, which began in 2005 , applies to all new satellite network applications, not just foreign ones. Ms. De La Torre and her staff were very helpful by providing a historical perspective of the moratorium, together with suggestions about how Bermuda might wish to proceed. Madam Deputy Speaker , the Department of Telecommunications is currently working with our consultants to consider various options and provide me with a recommendation as to the best course of action to put us into a position to finally maximise the commercial potential of our premier e satellite orbital resource. As required by US law, we filed an ex parte notice of our meeting with the FCC. Madam Deputy Speaker , the final series of meetings over this two- day visit to Washington, DC, were with executives from a number of satellite companies. These included companies that were already domiciled in Bermuda and those that we hoped to attract to our shores. I took the opportunity to thank the existing Bermuda- based companies for their continued support and to brief them on several recent d evelopments in our international business portfolio of services, particularly the implementation of the new LLC legislation. I also reminded them that , since their businesses were extremely high risk, Bermuda as the risk capital of the world was ideally positioned to offer them additional services, including the ability to create their own captive insurance companies. Madam Deputy Speaker , for those companies that were not familiar with the international busin ess services that our I sland has to offer, I discussed the benefits of Bermuda as an off -shore jurisdiction— not only to be able to take advantage of our corporate structure and risk -management options , but also to use our satellite network filing administration services. Madam Deputy Speaker , you may recall that this filing administration was created under the Sate llite Network and Coordination Regulations 2007, and it allows satellite companies to file new satellite networks through Bermuda to the Interna tional Telecommunication Union (ITU). The ITU is the United Nations specialised agency for information and com-munications technologies and, in addition to regulating the global radio frequency spectrum, also regulates all satellite orbital resources. Finally , Madam Deputy Speaker , I had the opportunity to look into the future of space commerce. NASA and several of the private space and satellite companies discussed a wide- ranging view of the f uture, which included space tourism, asteroid m ining, missions to Mars, Earth observation services , and many others. One very interesting current development, which Bermuda could immediately consider, is the evolution of what are called CondoSats. CondoSats are simply the shared ownership of satellites. Large global satellite manufacturers and operators have developed a business model where they build satellites and offer fractional ownerships to countries and/or companies who either cannot afford, or do not need , the full capacity of a large satellite. My Ministry is currently exploring the viability of creating custom legislation that would attract both the manufact urers and the “ condo” owners to our shores. They would not only be able to benefit from our existing corporate legislation, but also have a unique CondoS at Act that would serve as the legislative basis for any CondoSat contracts or agreements that may be required. Thank you, Madam Deputy Speaker . That concludes my comments on the meetings held in Washington, DC, between December 14 th and 16th. 646 17 February 2017 Official Hansard Report
Bermuda House of Assembly And it would be remiss of me at this point not to acknowledge my Permanent Secretary, Mr. William Francis, who actually is retiring effective today. I think many Honourable Members will know Bill Francis. He has done a tremendous job over some 14 years and has been one of the principal architects of Bermuda’s Space Programme. And I was actually very impressed in Washington by the number of people he knew and his experience in that particular sector. I think Hon-ourable Members will also be aware he was instr umental in a lot of the Electronic Communications Act and the Regulat ory Act considerations over a number of years. And he will certainly be missed. But we wish him well in his retirement. And I will just say we know where to find him. Thank you very much, Madam Deputy Speaker .
The Deputy SpeakerDeputy SpeakerThank you. The Chair now recognises the Minister of E ducation. SERIES OF BREAK -INS AT BERMUDA PUBLIC SCHOOLS Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, today I would like to take the opportunity to share with Honourable House Members, the disturbing news of a …
Thank you. The Chair now recognises the Minister of E ducation.
SERIES OF BREAK -INS AT BERMUDA PUBLIC SCHOOLS Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, today I would like to take the opportunity to share with Honourable House Members, the disturbing news of a series of break -ins and vandalism in Bermuda p ublic schools . Madam Deputy Speaker, during this month, five of our public schools were broken into and vandalised. These include our school for students with special needs, the Dame Marjorie Bean Hope Acad-emy, on February 5 th and 6th; Elliott Primary School on February 8th; West Pembroke Primary School on February 11th; Prospect Primary School on February 12th; and Victor Scott Primary School on February the 13th. In all cases , the break -ins occurred between the hours of 12:00 am and 6:00 am. Madam Deputy Speaker, the recent series of break -ins have disrupted school fundraising efforts and destroyed school property including file cabinets, classroom doors, classroom windows , and security cameras. These break -ins are inflicting damages to our s chools worth thousands of dollars. It is disheartening, Madam Deputy Speaker, and demoralising for our teachers to return to work after these break -ins to find the sanct ity of their cla ssrooms violated. Our students have endured the dis-tressing experience of arriving at school to find their classwork and school projects ruined and/or destroyed. The vandal who struck at Dame Marjorie Bean Hope Academy broke the security cameras at-tached to the building. It is disconcerting that anyone would be so insensitive as to put this vulnerable school population at risk. Madam Deputy Speaker, I extend appreci ation to the Facilities Management team at the Depar tment of Education, the Bermuda Police Service , and GET Security , who are collaboratively working toget her, reviewing security footage and closed circuit camera footage in an effort to determine the identity of the culprits responsible for these break -ins. I also wish to thank the teams from the Department of Works who fixed the broken doors and windows in time for schools to reopen for our students. At this time , we are asking the general public , and particularly the school neighbou rhoods , to be vigilant of any suspicious activity or individual s loitering around school buildings during unusual hours , and to report such activity to the Bermuda Police Service. Madam Deputy Speaker, as a community and as a Government we must ensure that our schools are safe, secure, and healthy environments that support and facilitate the development of our future leaders — our students. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister. I believe you have one more Statement. EXPANDED SCHOLARSHIP AND AWARD DIVE RSIFICATION AND EXPAN SION Hon. R. Wayne Scott: Yes, Madam Deputy Speaker. T his morning I am pleased to share with my honourable colleagues the work that has been put in place to expand the …
Thank you, Minister. I believe you have one more Statement.
EXPANDED SCHOLARSHIP AND AWARD DIVE RSIFICATION AND EXPAN SION Hon. R. Wayne Scott: Yes, Madam Deputy Speaker. T his morning I am pleased to share with my honourable colleagues the work that has been put in place to expand the Education Ministry’s pool of scholarship and awards offerings . Madam Deputy Speaker , post-secondary e ducation helps to grow our small society by opening up the world to students through higher learning, training and exploration. Along with family and community, it is the investment in education that helps to develop our young citizens to be great contributors to Bermuda’s social and economic success. It is this Government’s vision that all Bermudians be given the opportunity to attend post -secondary education, locally or overseas. However, we know that some students still face di sadvantages, economic and otherwise, that make it difficult for them to attend college, university , or other types of post -secondary programmes. Madam Deputy Speaker , as the Minister of Education, I am proud to stand in the House this morning to share that this Government is providing much -needed opportunities to a wider group of our students. We have delivered on our 2016 Throne Speech promise “to diversify and increase scholarship and award opportunities for students who pursue post-secondary educational studies. ” However , our focus on scholarships and awards for young people is more than a vitally important Throne Speech initiative. We know that fun ding scholarships and awards can change lives, espeBermuda House of Assembly cially for those students who simply need greater support for success. We believe that we should foster the dreams and aspirations of our youth not only as an investment in our people, but also an investment in the kind of Bermuda that we want to work together to create. We are therefore intensely focused on providing more and more opportunities for young people to attend post - secondary education. Madam Deputy Speaker , the Ministry of Ed ucation already provides significant funding for scholarships and awards through the Bermuda Government Scholarships, the Further Education Awards, the Mature Student Awards , and Teacher Training Awards. We are grateful for the substantial funding provided by the Department of Workforce Development to ensure that educational and training opportunities are provi ded to Bermudians aged 18 and up. We are also extremely thankful for the myriad scholarships and awards offered by many local and international companies, charitable foundations , and others. Many of these fund students who demonstrate outstanding academic achievements; those entering particular fields of study of importance to Bermuda; and those who need additional financial support to be able to attend college, university , or other types of programmes. We appreciate the contributions of the donor community that is helping more and more Bermudi-ans—especially those in need —to achieve success. However, there is still a role for Government to play. So, when considering how the Ministry of Education could better support more young people transition into adulthood, we decided to do more by focusing on st udents with great promise, but who also have great need. Therefore, the Ministry of Education has intr oduced a number of new scholarship and award oppor-tunities to promising students for both local and over-seas studies. These offerings cover a total of eight new scholarships and awards , namely , the following : • Minister’s Achievement Scholarship for gr aduating public school students ; • Minister’s Merit Scholarship for graduating senior school students in financial need; • Minister’s Technical and Vocational Award for graduating public school students , or public school alumni , attending Bermuda College, with a strong interest in technical and vocational studies; and • Minister’s Exceptional Student Award for graduating students or school -leavers with disabilities.
Madam Deputy Speaker , the majority of these new opportunities will not only require that applicants demonstrate financial need, but will also consider achievement, excellence, talent, growth, persever-ance, innovation, creativity, and an interest and will-ingness to give back to Bermuda. The Minister’s Scholarships are for overseas study and will be va lued at $25,000. The Minister’s Technical and Voc ational Awards and the Minister’s Exceptional Student Awards are for local or overseas study and will be valued at $5,000 and $25,000, respectively. All scho larships and awards are being advertised on www.BermudaScholarships.com , and applicants are required to submit their applications via this website by March 31st, 2017. Madam Deputy Speaker , I would like to thank Knowledge Quest, the Bank of Bermuda Foundation, the Learning Disabilities Association of Bermuda, various other scholarship providers, the Bermuda College, the Board of Education and its Scholarship Sub-Committee, senior school principals, Workforce D evelopment , and the technical officers in the Depar tment of Education , who provided extensive input and assistance in the development of these new scholarship offerings. Madam Deputy Speaker , we want more and more young people , including those of diverse interests and those who face challenges to success, to be optimistic about their future. These scholarships and awards are intended to increase opportunities and reduce barriers for students who aspire to post - secondary education. Over time, they may also spark hope and interest in students who thought that higher education after senior school might have been out of reach. Madam Deputy Speaker , these new scholarships and awards will make a difference in the lives of young people, their families , and Bermuda, as we help to support and develop our future leaders, our future innovators, and our future dynamic citizens. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. I believe we have come to the end of the Statements by Ministers. REPORTS OF COMMITTEES
The Deputy SpeakerDeputy SpeakerI call on the Member from constituency. . . the first Member for the first question that we have before us, the Member is not in Chambers. Do you want to . . . pardon me? Hon. Wayne L. Furbert: If we could defer the question until the Member returns, …
The Deputy SpeakerDeputy SpeakerThank you. I just want to make sure that . . . so the first question has been deferred. The second set of questions —sorry, Member? 648 17 February 2017 Official Hansard Report Bermuda House of Assembly Mr. Walton Brown: Point of order, Madam Deputy.
Mr. Walton BrownWell, it is my query. Do we not do the Statements first?
The Deputy SpeakerDeputy SpeakerNo. We do the Statements second, sorry. But I do have everyone’s name listed. So we are ready to go when that comes. So we will move to the second set of questions that we have on the Order Paper today. And that was a second set that was for …
No. We do the Statements second, sorry. But I do have everyone’s name listed. So we are ready to go when that comes. So we will move to the second set of questions that we have on the Order Paper today. And that was a second set that was for the Honourable W. L. Furbert. Hon. Wayne L. Furbert: Yes, thank you, Madam Deputy Speaker. Last week I had asked the Speaker to drop this particular question from the . . . maybe he misunderstood me. You can drop it from the . . .
The Deputy SpeakerDeputy SpeakerThat is fine. We will take a note to drop that question off of the Order Paper. Then we have the next set of questions, which is from the Honourable Z. J. De Silva to the Honour able T. J. Moniz, Attorney General. I do not see that Member in …
That is fine. We will take a note to drop that question off of the Order Paper. Then we have the next set of questions, which is from the Honourable Z. J. De Silva to the Honour able T. J. Moniz, Attorney General. I do not see that Member in Chamber; does anyone else want to take up those questi ons? The Chair recognises the Opposition Whip.
QUESTION 1: LEGAL FEES PAID TO MJM LTD.
Ms. Lovitta F. FoggoYes, Madam Deputy Speaker. Would the Honourable Attorney General pr ovide the total amount of legal fees which the Gover nment has paid to MJM Ltd. between January 1 st, 2013, and January 31st, 2017? I will take my seat and defer to the Honour able Member.
The Deputy SpeakerDeputy SpeakerThat is fine. You got the ball rolling. The Chair now recognises the Honourable Z. J. De Silva. The question has been asked, so we are on to the answer. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, the answer is a little bit more …
That is fine. You got the ball rolling. The Chair now recognises the Honourable Z. J. De Silva. The question has been asked, so we are on to the answer. The Chair recognises the Attorney General.
Hon. Trevor G. Moniz: Madam Deputy Speaker, the answer is a little bit more complex than the question. The question strictly refers to legal fees. The infor-mation that was sent to me by the various Gover nment ministries and departments includes gross amounts paid to MJM. And some of those amounts were paid to them not for their legal fees, but for them to pay to their clients or otherwise. So I am giving you at the moment a gross amount, but it is larger than what their legal fees will be. So, the total amounts of money that the Bermuda Government has paid to the law firm MJM Ltd. for the four -year period is $2,861,449. But we believe that the amount of legal fees, which I have not yet been able to separate out, are somewhat closer to—well, are under $2 million, somewhere near $1.7 mi llion.
The Deputy SpeakerDeputy SpeakerThank you very much. The Chair recognises the Member, Mr. De Silva. QUESTION 2: LEGAL FEES PAID TO MJM LTD. Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. Would the Honourable Attorney General pr ovide a breakdown by Government ministries of the total amount of legal fees …
Thank you very much. The Chair recognises the Member, Mr. De Silva.
QUESTION 2: LEGAL FEES PAID TO MJM LTD. Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. Would the Honourable Attorney General pr ovide a breakdown by Government ministries of the total amount of legal fees attributable by each Minister who utilised the legal services of MJM Ltd. between January 1 st, 2013, and 31st of January 2017?
The Deputy SpeakerDeputy SpeakerSo we are now into Question 2. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Well, Madam Deputy Speaker, as the answer to Question 2, I have that breakdown, but it is in terms of total amounts of money. Is that Question 2? Under Question 2, I can …
So we are now into Question 2. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Well, Madam Deputy Speaker, as the answer to Question 2, I have that breakdown, but it is in terms of total amounts of money. Is that Question 2? Under Question 2, I can just read out the amounts to the various ministries, or I can give you a copy of it.
Hon. Zane J. S. De Silva: Yes, I would prefer them to be read out, please.
Hon. Trevor G. Moniz: Yes, that is fine. The Ministry of Home Affairs is $2,331,932. As I said, that is a gross amount. So we think that the figure for the actual legal fees is somewhat lower than that. Ministry of Legal Affairs, $165,760; Ministry of National Security, $166,286; Ministry of Economic Development, $16,864; Ministry of Finance, $62,672; Ministry of Tourism, Transport and Municipalities, $49,311; Ministry of Health, $19,015; non- Ministry Legislature, $49,609.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. Supplementary.
The Deputy SpeakerDeputy SpeakerYes, please. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Does the Attorney General know when the wife of a Cabinet Minister was made a Director of MJM? Bermuda House of Assembly The Deputy Speaker: The Chair recognises the A ttorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, I do …
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: The Attorney General said he does not know when—
The Deputy SpeakerDeputy SpeakerThis a second supplementary, correct? Hon. Zane J. S. De Silva: Second supplementary, yes, yes. You do not know when the wife of a Cabinet Minister was made Director. Certainly around the Cabinet table, I would have thought that would have been declared. But having said that, this being the …
This a second supplementary, correct?
Hon. Zane J. S. De Silva: Second supplementary, yes, yes. You do not know when the wife of a Cabinet Minister was made Director. Certainly around the Cabinet table, I would have thought that would have been declared. But having said that, this being the case, and I know that the Honourable Attorney General does know that she is now. He did not know when, but he certainly knows she is the wife of a Cabinet Minister. Does he not see that there is a significant conflict of interest there?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Tre vor G. Moniz: Madam Deputy Speaker, I can see how the Member would consider that to be a matter of concern. What I can say in that regard is that the billings are reviewed to ensure that they are …
The Deputy SpeakerDeputy SpeakerThank you, Member . Are there any other Members who would like to ask a question? There are none. We will go to the next set of questions. The next set of questions, I call on the Member from constituency 3, the Honourable Oppos ition Whip. QUESTION 1: T. N. …
Ms. Lovitta F. FoggoThank you, Madam Deputy Speaker. Would the Honourable Minister of Education please indicate to this Honourable House the status of T. N. Tatem Middle School [TNT] repairs and mould remediation?
The Deputy SpeakerDeputy SpeakerThe Chair recognises the Mi nister of Education. Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker. Repairs are ongoing at the school and have been undertaken by the Department of Public Works and Parks. The first phase of mould abatement was conducted by Island Air Quality Services, IAQ. The …
The Chair recognises the Mi nister of Education. Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker. Repairs are ongoing at the school and have been undertaken by the Department of Public Works and Parks. The first phase of mould abatement was conducted by Island Air Quality Services, IAQ. The report was reviewed by the Government Health and Safety Coordinator, and further recommendations were made. The second and final phases of mould abatement and testing would include the following areas, which demand special attention to effectively abate mould conditions: Rooms 223, 234, 251, and 306; the cafeteria and the gym; store room adjacent to Room 314; third floor southeast ladies’ restroom; the machine shop; classroom 139 and adjacent wor kshops; educational therapy section, main office and side office. This work will be completed prior to the return of students later this month.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksYes, Madam Deputy Speaker, good morning. Madam Deputy Speaker, can the Minister confirm that before any students go back to their school, a thorough walkabout and inspection will be done to make sure that all the mould has been rem ediated, and air quality [is checked]?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Yes, thank you. I can confirm, Madam Deputy Speaker, that I walked through the school myself. And there is a lot of work being done. And we have done quite a good job, considering that …
Thank you, Member. The Chair recognises the Minister of Educ ation.
Hon. R. Wayne Scott: Yes, thank you. I can confirm, Madam Deputy Speaker, that I walked through the school myself. And there is a lot of work being done. And we have done quite a good job, considering that maintenance of these schools over the last decade really has not been done. And on the next question, Madam Deputy Speaker, the ones on access, I will ask for leave to read a memorandum that I actually just received this morning from the Health and Safety Coordinator, which will probably address some of the items, if I can defer to that.
The Deputy SpeakerDeputy SpeakerYes. Thank you. The Chair recognises the Member.
Mr. Michael A. WeeksThank you, Madam Deputy Speaker. Mr. Speaker, it is another supplementary.
The Deputy SpeakerDeputy SpeakerThis is the second supplementary. 650 17 February 2017 Official Hansard Report Bermuda House of Assembly Mr. Michael A. Weeks: Yes. Can the Minister confirm whether or not that target date of February 20th, which I think is on Monday, is that still applicable? [Inaudible interjections]
The Deputy SpeakerDeputy SpeakerWell, we can move straight to that one if there are no other supplementaries. The Chair recognises the Opposition Whip.
The Deputy SpeakerDeputy SpeakerSecond question. QUESTION 2: T. N. TATEM SCHOOL
Ms. Lovitta F. FoggoWould the Honourable Minister please advise the Honourable House when the targeted date for students to return to TNT is?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker, and I appreciate my former Shadow Mem-ber’s zeal. Clearly [she has] not read the list of questions that have been on the Order Paper . . . these were supposed to …
Thank you. The Chair recognises the Minister of Educ ation.
Hon. R. Wayne Scott: Thank you, Madam Deputy Speaker, and I appreciate my former Shadow Mem-ber’s zeal. Clearly [she has] not read the list of questions that have been on the Order Paper . . . these were supposed to be given on February 3 rd, so they have been deferred for quite a number of weeks. But at any event, I will go on and answer the question. Staff and students will return and be fully integrated into the TN Tatem on February the 20th, 2017, pending the approval from the Health and Saf ety Coordinator. And, Madam Deputy Speaker, with your leave, I would like to read this very short mem orandum that we received this morning from the Office of the Health and Safety Coordinator. The D eputy Speaker: Please proceed. Hon. R. Wayne Scott: “This is to confirm the inprogress of re- inspections conducted at T. N. Tatem Middle School on the 16 th of February 2017.” And, Madam Deputy Speaker, this is actually a memorandum, as I said, from the Health and Safety Coordina-tor, which was dated today. “All areas cleared, have returned significantly lowered and acceptable levels of mould and respective species count. Areas cleared are deemed to pose no immediate or significant threat to the health, s afety, and well -being of students or staff at this time. Some minor work is still in progress, such as re- installing ceiling tiles in some classrooms, as well as final paint-ing work and associated undertakings. These works are to be expedited and to be completed by the end of the week ending the 18 th of February 2017. However, T. N. Tatem Middle School may be scheduled for reopening and occupancy. The following areas shall r emain out of bounds, with no access permissible to students or staff until remaining construction work, final mop- up and routine cleaning exercises are completed: Rooms 223, 224 and the side room 251; the store room adjacent to 314; third floor southeast, the female bathrooms; the gym; the machine shop; sec-tion classroom 139 and adjoining workshop; educ ational side office in the cafeteria. All remaining co nstruction works for the above- listed restricted areas must be undertaken outside and/or after regular school hours. Lately, it means a weekend. And, of course, please feel free to contact us if you have any other questions.” I will actually state that, as I had mentioned to my Shadow Education Minister, I personally did a walk-through this week and arrived early to meet with the custodian before our scheduled meeting.
The Deputy SpeakerDeputy SpeakerThank you, Member. Hon. R. Wayne Scott: And I can confirm that the school is in good shape.
The Deputy SpeakerDeputy SpeakerI think the answer has been given, thank you. Are there any other Members who would like to ask a supplementary? The Chair recognises the Opposition Leader. SUPPLEMENTARIES Hon. E. David Burt: Good morning, Madam Deputy Speaker. Madam Deputy Speaker, given the extent of the works that needed to take …
I think the answer has been given, thank you. Are there any other Members who would like to ask a supplementary? The Chair recognises the Opposition Leader.
SUPPLEMENTARIES
Hon. E. David Burt: Good morning, Madam Deputy Speaker. Madam Deputy Speaker, given the extent of the works that needed to take place at T. N. Tatem, will the Honourable Minister please inform this Honourable House whether or not he agrees with the statements made by the Honourable Premier that teachers at T. N. Tatem were mischievous in standing up for their students?
The Deputy SpeakerDeputy SpeakerMember, we have to be car eful. We cannot ask for opinions. I just want to point that out. That is part of the rules. Hon. E. David Burt: I asked if the Honourable Minister of Education agreed with the Premier in his stat ement —
The Deputy SpeakerDeputy SpeakerThank you, Member. Bermuda House of Assembly Hon. E. David Burt: —that the teachers at T. N. Tatem were being mischievous by standing up for the rights of their students?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Madam Deputy Speaker, I am not engaging in any political games by that Member or any Member over there. My interest is in the best i nterest of our students and our teachers, and we …
Thank you, Member. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Madam Deputy Speaker, I am not engaging in any political games by that Member or any Member over there. My interest is in the best i nterest of our students and our teachers, and we have all been working hard to ensure that we address the maintenance issues of this school, and all schools, which we undertook to let the public be aware of in the SCORE Report, as we have gone probably about a decade without maintenance being done in the school system, which we should all be ashamed of, especial-ly Members from that side, who had the responsibility to do it.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other supplementaries? This is your second supplementary. Hon. E. David Burt: Thank you. Thank you very much —
The Deputy SpeakerDeputy SpeakerThe Chair recognises the O pposition Leader. Hon. E. David Bur t: Thank you very much, Madam Deputy Speaker. I think the entire public will have heard that the Minister of Education refused to agree with the Premier on his statement about the teachers, and I think that speaks volumes.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other supplementaries? The Chair recognises the Opposition Whip.
Ms. Lovitta F. FoggoYes. Could the Minister confirm whether or not the PTA and the staff are generally in support of returning to the school, based on the findings that you just shared and the continued current state of the school?
The Deputy SpeakerDeputy SpeakerThank you, Opposition Whip. The Chair recognises the Education Minister. Hon. R. Wayne Scott: Yes. Thank you for asking that question. That is a very good question. We actu ally were written to by the PTA repr esenting the parents, and also it made reference to the teachers, really asking …
Thank you, Opposition Whip. The Chair recognises the Education Minister. Hon. R. Wayne Scott: Yes. Thank you for asking that question. That is a very good question. We actu ally were written to by the PTA repr esenting the parents, and also it made reference to the teachers, really asking the Ministry to push for this day to get students back in school at T. N. Tatem. So, yes, we are working with them. I will add, however, that what is interesting— and we should all take note of this —in doing a walk - through and talking with students earlier this week at Clearwater [Middle School], the opinion of the st udents was, Why, we actually like it down here . They like the interaction. And that is something that we should actually all strive to achieve more of — interaction with these students. Because, in light of everything, it has proven to be a very positive event.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Opposition Whip. Is this a second supplementary or the next question?
The Deputy SpeakerDeputy SpeakerNext question. QUESTION 3: T. N. TATEM SCHOOL
Ms. Lovitta F. FoggoMinister, would you please inform this Honourable House of what has been the cost of the repairs and mould remediation at TNT, Tatem?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Minister of Educ ation. Hon. R. Wayne Scott: Yes. At the date that these answers were put together, Madam Deputy Speaker, a total of $93,000 has been disbursed for repairs and mould remediation. This comprises air quality testing of $18,000; heavy -duty cleaning of …
Thank you. The Chair recognises the Minister of Educ ation.
Hon. R. Wayne Scott: Yes. At the date that these answers were put together, Madam Deputy Speaker, a total of $93,000 has been disbursed for repairs and mould remediation. This comprises air quality testing of $18,000; heavy -duty cleaning of $38,000; and mould abatement of $37,000. And based on the fact that this Government put some $3 million- plus in the budget for taking care of school maintenance, we are well within our budget. Thank you.
The Deputy SpeakerDeputy SpeakerThank you. Are there any supplementaries? There are no supplementaries. We will move to the next set of questions on the Order Paper. And those questions were for the Honourable S. D. Ric hards, and they were oral, from Mr. Weeks. The Chair recognises the Member from constituency 16. QUESTION …
Mr. Michael A. WeeksThank you again, Madam Deputy Speaker. Madam Deputy Speaker, for the Minister: In light of the global standard requiring that only citizens of a country can represent their country at internation-al sporting events, would the Honourable Minister 652 17 February 2017 Official Hansard Report Bermuda House of Assembly please inform …
Thank you again, Madam Deputy Speaker. Madam Deputy Speaker, for the Minister: In light of the global standard requiring that only citizens of a country can represent their country at internation-al sporting events, would the Honourable Minister 652 17 February 2017 Official Hansard Report
Bermuda House of Assembly please inform this Honourable House if this Gover nment adheres to this global standard?
The SpeakerThe SpeakerThank you. The Chair recognises the Minister Richards. You have the floor. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. Bermuda abides by rules set up by the world governing bodies for the various sports. For example, the Bermuda Olympic Association is governed by the laws laid out …
Thank you. The Chair recognises the Minister Richards. You have the floor.
Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. Bermuda abides by rules set up by the world governing bodies for the various sports. For example, the Bermuda Olympic Association is governed by the laws laid out by the International Olympic Committee, or IOC. It states that “Citizens of a country and those with status and in possession of a passport stating their country of citizenship can represent their country at international sporting events.” Thus, athletes must possess Bermudian st atus in order to compete for Bermuda in international Olympic Committee events, such as the Olympics and the Pan American Games. The criteria for the Commonwealth Games were revised in October of 2016. In order to compete in the Commonwealth Youth Games and/or Commonwealth Games, competitors must be citizens or subjects of the Commonwealth country that enters them and must have competed a minimum period of five years’ continuous residency within that Common-wealth country immediately prior to the games. Thus, an athlete who has not reached 18 years of age, but who is deemed to have Bermudian status, may be eligible to represent Bermuda in the Commonwealth Youth Games and/or Commonwealth Games, provi ded that they meet the minimum residency requir ement.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 16. Is this a supplementary?
Mr. Michael A. WeeksMy supplementary is, if someone who is not a citizen of Bermuda represents Bermuda, does the Bermuda Government or the D epartment of Sports pay for that person who represents Bermuda, if he is not a citizen?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister of Sports and Development. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I do not know the answer to that question at this point in time. I could get the answer, but I do not know it today.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksYes, another supplementary. Madam Deputy Speaker, those of you who may remember that late last year we had a cricket team that represented Bermuda. On that team was a Bermudian who now lives in England, who was not allowed to play. Has that situation been rectified? Because, of course, in …
Yes, another supplementary. Madam Deputy Speaker, those of you who may remember that late last year we had a cricket team that represented Bermuda. On that team was a Bermudian who now lives in England, who was not allowed to play. Has that situation been rectified? Because, of course, in your answer, that citizens of Ber-muda can represent Bermuda, other than the BOA and what else . . . but this particular player, who was a part of our Bermuda Nationals Cricket Team, was not allowed to play because he is not a resident of Bermuda. But he was born and raised here in Bermuda.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister of Sport. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I am not aware of that particular situation. It would have been nice if it could have been brought to my attention beforehand so I could have dealt with it. …
Thank you, Member. The Chair recognises the Minister of Sport. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. I am not aware of that particular situation. It would have been nice if it could have been brought to my attention beforehand so I could have dealt with it. But it is the national sport governing bodies that select players, not Government. So, that situation would have been an issue for the National Sport Go verning Body of Cricket to have dealt with.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Member from constituency 17. Your first supplementary?
Mr. Walton BrownYes, Madam Deputy Speaker. Just a question for the Minister through the Deputy: I f a local sporting body has a policy regarding representation at international sporting events that is at odds with the governing policy that you just artic ulated in terms of representation, does the Government overrule or …
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister of Sport. Hon. Sylvan D. Richards, Jr.: Yes. As long as that athlete is within the guidelines of the NSGB, the N ational Sport Governing Body, it is for them to make the decision. The Government does not get involved with those …
The Deputy SpeakerDeputy SpeakerThank you. Are there any further supplementaries? Bermuda House of Assembly No. The Chair recognises the Member from constituency 16. QUESTION 2: STANDARDS FOR REPRESENTATI ON AT INTERNATIONAL SPORTING EVENTS
Mr. Michael A. WeeksThank you, Madam Deputy Speaker. My second question to the Minister is, In a related matter, as the international standard states that citizens can hold the national record of their r espective country, would the Honourable Minister please confirm if Bermuda adheres to this standard?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Minister of Sport. Hon. Sylvan D. Richards, Jr.: Thank you, Madam Deputy Speaker. Yes. In Bermuda, national records can only be held by athletes who possess Bermudian status. Any records set by athletes who are not Bermudian are referred to as All- Comers Records.
The Deputy SpeakerDeputy SpeakerThank you. Thank you. If there are no other supplementaries on that question, we will move to the next set of questions. The next set of questions are for the Honourable L. C. Cannonier —no, they were written; sorry. Does the Honourable D. P. Lister have the written answers? Hon. …
The Deputy SpeakerDeputy SpeakerYes. We will move to the next set, which are oral. Again to the Minister, the Honourable L. C. Cannonier. And the questions are from Mr. R. P. Commissiong.
The Deputy SpeakerDeputy SpeakerThank you. And does that go for the rest of the questions? The next set of questions is also oral.
Ms. Lovitta F. FoggoYes, Madam Deputy Speaker. My questions for the Minister of Education are deferred. Thanks.
The Deputy SpeakerDeputy SpeakerAnd the next set of questions is for the Honourable E. T. Richards from the Honourable E. D. Burt. The Chair recognises the Opposition Leader. QUESTION 1: PRICE CONTROL COMMISSION Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, would the Honour able Minister please …
And the next set of questions is for the Honourable E. T. Richards from the Honourable E. D. Burt. The Chair recognises the Opposition Leader.
QUESTION 1: PRICE CONTROL COMMISSION Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, would the Honour able Minister please advise this Honourable House how many times the Price Control Commission has met since April 2016 and if he will make a statement on their work?
The Deputy SpeakerDeputy SpeakerThank you very much. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards : Madam Deputy Speaker, the Price Control Commission has not met since its appointment in April 2016. Honourable Members may be aware that the two functions of the Price Control Commission, in accordance with the …
Thank you very much. The Chair recognises the Finance Minister.
Hon. E. T. (Bob) Richards : Madam Deputy Speaker, the Price Control Commission has not met since its appointment in April 2016. Honourable Members may be aware that the two functions of the Price Control Commission, in accordance with the Price Commis-sion Act 1974, are as follows: to control the price of specified commodities (this is at the Second Sche dule). Currently, there are no commodities listed in the Schedule.
Ms. Lovitta F. FoggoMadam, Madam . . . Hon. E. T. (Bob) Richards: Electricity was r emoved— The Deputy Speaker: Sorry.
Ms. Lovitta F. FoggoMadam Deputy Speaker, we just would like a simple response. We are not sup-posed to be making statements. I defer to the Minister of Education because his statement was short. Hon. E. T. (Bob) Richards: Do you want the answer or not?
The Deputy SpeakerDeputy SpeakerActually, I can have both of you sit. The question does say, “and if he will make a statement on their work?” Would you like it to be briefer? Hon. E. David Burt: Point of order, Madam. POINT OF ORDER Hon. E. David Burt: The point is that under our …
Actually, I can have both of you sit. The question does say, “and if he will make a statement on their work?” Would you like it to be briefer?
Hon. E. David Burt: Point of order, Madam.
POINT OF ORDER
Hon. E. David Burt: The point is that under our Standing Orders, which says specifically if a stat e654 17 February 2017 Official Hansard Report
Bermuda House of Assembly ment is requested, the time for those statements is during Ministerial Statements. The question was, How many times has the Price Control Commission met since April 2016? He has given the answer, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you very much. Are there any . . . the Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: You know, Madam Deputy Speaker, I have not finished my answer. And he has asked m e to make a statement on it.
The Deputy SpeakerDeputy SpeakerIndeed, that is the question that I have before me. Hon. E. T. (Bob) Richards: That is right. So, may I continue?
The Deputy SpeakerDeputy SpeakerYes, please. Hon. E. T. (Bob) Richards: Thank you. The Price Control Commission has the follo wing functions: to control the price of specific commodities listed in the second Schedule. Currently, there are no commodities listed in the Schedule. Electricity was moved in 2009 to the Department of Energy and …
Yes, please. Hon. E. T. (Bob) Richards: Thank you. The Price Control Commission has the follo wing functions: to control the price of specific commodities listed in the second Schedule. Currently, there are no commodities listed in the Schedule. Electricity was moved in 2009 to the Department of Energy and now sits with th e Regulatory Authority, who will be responsible for regulating the cost and supply of electricity; to conduct inquiries into the price and supply of any commodity and to report on the findings to the Minis-ter. And, Madam Deputy Speaker, the role of the Commission has been overtaken by the establishment of the Regulatory Authority with regards to controlling prices and supply of essential commodities. Also, there is no need to have a separate body to inquire into prices and supply of commodities. This can b e done by the central government. So, Madam Deputy Speaker, after review of boards and committees, the Government considers the role of the commission is now redundant and will seek to repeal the empower-ing legislation.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Opposition Leader. QUESTION 2: OFFICE OF TAX COMMISSIONER Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Question number 2: Will the Honourable Mi nister please inform this Honourable House of any changes made recently by the Office of the Tax Commissioner …
Thank you. The Chair recognises the Opposition Leader.
QUESTION 2: OFFICE OF TAX COMMISSIONER
Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Question number 2: Will the Honourable Mi nister please inform this Honourable House of any changes made recently by the Office of the Tax Commissioner regarding information that must be submitted by individuals or companies to register with that office? The Deputy Speaker: Thank you. The Chair recognises the Finance Minister.
Hon. E. T. (Bob) Richards: Thank you, Madam Deputy Speaker. Yes. The most recent major changes or enhancements to the requirements of the Office of the Tax Commissioner registration process are as follows: 1. inclusion of the business plan for self - employed persons and unincorporated par tnerships at the request of the tax officer; 2. partnership agreements for unincorporated partnerships; 3. a copy of driver’s licences or passports for shareholders of LLC’s and corporations; and 4. for unincorporated associations, charities, and not-for-profit organisations, statement of activities, a list of executive members responsible for debts and contractual obligations, and copy of valid ID for all executive members.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Opposition Leader. SUPPLEMENTARIES Hon. E. David Burt: Thank you, Madam Deputy Speaker. Supplementary. For the Honourable Minister of Finance, please explain the rationale behind these ministries’ decisions to require private citizens to submit their business plans to the Government agency prior to engaging in …
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: The phrase “ business plan” is interpreted in this case as just a basic outline of what the business is about so that the Office of Tax Commission can categorise the business type properly, according to …
Thank you, Member. The Chair recognises the Finance Minister.
Hon. E. T. (Bob) Richards: The phrase “ business plan” is interpreted in this case as just a basic outline of what the business is about so that the Office of Tax Commission can categorise the business type properly, according to the [United Nations International] Standard Industrial Classification. It also helps the person or persons registered to determine whether their business is a hobby or will be a potential long-term endeavour. And it also sits with the Estimation of Revenues and Expenses, thus making it easier to d etermine suitability for notional salary.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other supplementaries? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. I have a challenge with that answer, Madam Deputy Speaker. Because the Honourable Minister just said that, you know, they need all this informati …
Thank you. Are there any other supplementaries? The Chair recognises the Member from constituency 29.
Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. I have a challenge with that answer, Madam Deputy Speaker. Because the Honourable Minister just said that, you know, they need all this informati on
Bermuda House of Assembly to determine a couple of things. One of the things he said was that they need to determine whether the business is a hobby or not. Well, Madam Deputy Speaker, many people who are —
The Deputy SpeakerDeputy SpeakerIs this a statement or a question? Hon. Zane J. S. De Silva: No, this is a question.
The Deputy SpeakerDeputy SpeakerThen, perfect. Hon. Zane J. S. De Silva: My question is . . . That seems to me . . . is the Minister sure that is correct? Because there are many people in Bermuda who have businesses [that are] actually their hobbies. You could pick an artist, you can …
Then, perfect.
Hon. Zane J. S. De Silva: My question is . . . That seems to me . . . is the Minister sure that is correct? Because there are many people in Bermuda who have businesses [that are] actually their hobbies. You could pick an artist, you can pick a landscaper who likes to delve in flowers. You know, the list goes on. So I just find it . . . I mean, is that correct, Minister, really?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: Yes. That is correct.
The Deputy SpeakerDeputy SpeakerThank you. Are there any supplementaries? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Deputy Speaker . Minister, my question simply would be, Would it not be more appropriate just to ask for a description of business rather than a business plan? Because …
Thank you. Are there any supplementaries? The Chair recognises the Member from constituency 35. Hon. Dennis P. Lister: Thank you, Madam Deputy Speaker . Minister, my question simply would be, Would it not be more appropriate just to ask for a description of business rather than a business plan? Because a business plan can be taken as meaning a full bus iness plan, and that opens the door to a variety of different interpretations. Simply ask for a description of business. It will satisfy the need of Government.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: I am not sure that was a question as opposed to a suggestion. But I would say this: The words “business plan,” as I said when I made the statement that was written here, needs to …
Thank you, Member. The Chair recognises the Finance Minister.
Hon. E. T. (Bob) Richards: I am not sure that was a question as opposed to a suggestion. But I would say this: The words “business plan,” as I said when I made the statement that was written here, needs to be interpreted within the context of what I am saying. We are not talking about a complex business plan. It just needs to be a couple of lines to describe what the person is doing.
An Hon. Member An Hon. MemberIt’s in the description. [Inaudible interjections]
An Hon. Member An Hon. MemberIt is all in the wording! Hon. E. T. (Bob) Richards: Well, that is the term that is being used, and I want to explain the context of the term that is being used. [Inaudible interjection] Hon. E. T. (Bob) Richards: The question is a valid question.
The Deputy SpeakerDeputy SpeakerMembers, I would just remind each other to talk to the Chair and not keep asking each other questions. The Chair recognises the Member from constituency 15. QUESTION 1: OFFICE OF TAX COMMISSIONER
Mr. Walter H. RobanThank you, Madam Deputy Speaker. Would the Minister agree that there may be concerns by applicants as to the propriety of their i nformation with the Tax Commissioner? And can the Minister ensure applicants that the Tax Commissioner does treat the information on the business plan with care and secrecy?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Finance Minist er. Hon. E. T. (Bob) Richards: Our Tax Commissioner and her office are bound by law in terms of confident iality. So the Honourable Member should have no concerns in that respect.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the second supplementary from the Member from constituency 29. SUPPLEMENTARIES Hon. Zane J. S. De Silva: Thank you, Madam Deputy Speaker. Minister, based on what you said with regard to the full business plan and all you need is a brief description, will you be …
The SpeakerThe SpeakerThank you, Member. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: The Honourable Member will notice I did not say full business plan. That full came out of your mouth, not mine. I just said business plan.
The Deputy SpeakerDeputy SpeakerThank you. Are there any Members who would like to add a s upplementary? The Chair recognises the Opposition Leader. 656 17 February 2017 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: Thank you very much, Madam —
The Deputy SpeakerDeputy SpeakerAnd this is your second? Hon. E. David Burt: My second supplementary, yes. Madam Deputy Speaker, I thank the Honourable Premier [sic] for his answer. However, I would like to let the Honourable Premier [sic] know —
The Deputy SpeakerDeputy SpeakerOpposition Leader [sic] . Hon. E. David Burt: Oh, sorry. I thank the —well . . . [Laughter and inaudible interjections ] Hon. E. T. (Bob) Richards: Thank you for the prom otion. Hon. E. David Burt: No problem; you are welcome. I thank the Honourable Minister of Finance for …
Opposition Leader [sic] . Hon. E. David Burt: Oh, sorry. I thank the —well . . .
[Laughter and inaudible interjections ]
Hon. E. T. (Bob) Richards: Thank you for the prom otion. Hon. E. David Burt: No problem; you are welcome. I thank the Honourable Minister of Finance for his answer. However, I would like to let the Honour able Minister of Finance know that there is disquiet inside of the community, as persons —
[Inaudible interjection]
Hon. E. David Burt: The question will come. That there is disquiet in the community as to the understanding of this. And there have been persons who have been reticent to provide the information to the Office of Tax Commissioner, as they are asking for the business plan. Will the Honourable Minister of Finance please undertake to clarify that and to possibly look t o having the Office of the Tax Commissioner change the information requested so that people do not feel that they have to provide their business plan and can possibly just provide a category and a brief business description?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: I have not heard that complaint. I can say that. But I will take that under advisement.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other supplementaries? No. We have one more set of questions. And that set of questions was to Mr. K. L. Bascome, oral question by the Honourable Member from constitue ncy 33. The Chair recognises the Member from constituency 33. QUESTION 1: BTA ON- ISLAND MARKETING
Mr. Jamahl S. SimmonsThank you, Madam Deputy Speaker. Would the Honourable Minister please advise this Honourable House what was the total amount spent on on-I sland marketing by the BTA [Bermuda Tourism Authority] for 2015/ 16?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Junior Minister. Hon. Kenneth (Kenny) Bascome: Good morning, Madam Deputy Speaker and honourable colleagues. The Bermuda Tourism Authority Act, which was created in 2013, sets the BTA’s financial year as a calendar year, running from January the 1 st until D ecember the 31st …
Thank you. The Chair recognises the Junior Minister.
Hon. Kenneth (Kenny) Bascome: Good morning, Madam Deputy Speaker and honourable colleagues. The Bermuda Tourism Authority Act, which was created in 2013, sets the BTA’s financial year as a calendar year, running from January the 1 st until D ecember the 31st and is not aligned with the Gover nment’s financial year. The BTA on- Island activities and marketing categories, education, training and standards include • Certified Tourism Ambassador Programme; • Bermuda Hospitality Insti tute Grant —
The Deputy SpeakerDeputy SpeakerSorry. The Chair recognises the Member from constituency number —you are standing for?
Mr. Jamahl S. SimmonsI am challenged. I asked for the total amount spent. I did not ask for all this.
The Deputy SpeakerDeputy SpeakerThank you. Thank you, Member. The Chair recognises the Junior Tourism Mi nister. [Inaudible interjections and crosstalk ] Hon. Kenneth (Kenny) Bascome: The total amount spent for 2015 was $439,182. For 2016, it was $456,950.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Member from cons tituency 33. QUESTION 2: BTA ON- ISLAND MARKETING
Mr. Jamahl S. SimmonsWell, we have made pr ogress, have we not? Would the Honourable Minister please advise this Honourable House who were the recipients of contracts associated with the on-I sland marketing for the BTA?
The Deputy SpeakerDeputy SpeakerSo we have gone to the second question; thank you. Bermuda House of Assembly The Chair recognises the Junior Minister of Tourism. Hon. Kenneth (Kenny) Bascome: Thank you, Madam Deputy Speaker. Bermuda International Race Week, which ran from May the 3rd until May the 9th in 2014; the Professional Rugby …
So we have gone to the second question; thank you.
Bermuda House of Assembly The Chair recognises the Junior Minister of Tourism.
Hon. Kenneth (Kenny) Bascome: Thank you, Madam Deputy Speaker. Bermuda International Race Week, which ran from May the 3rd until May the 9th in 2014; the Professional Rugby Team tour to Bermuda, which was held on June the 2nd through June the 8th, 2014; Bermuda Fly Fish Invitation, which was held on June the 14th—
The Deputy SpeakerDeputy SpeakerMember, would you have a seat, please? Thank you. The Chair —
Mr. Jamahl S. SimmonsPerhaps to assist the Honourable Member, let me rephrase the question again. Would the Honourable Minister please advise this Honourable House, who were the recipients of contracts associated with on- Island marketing for the BTA?
The Deputy SpeakerDeputy SpeakerThank you. I thought that is what we were gett ing. The Chair recognises the Junior Minister of Tourism. [Inaudible interjections]
The Deputy SpeakerDeputy SpeakerI see. Well, we are going to try to, and answer Question 2 before Question 3. Hon. Kenneth (Kenny) Bascome: Yes, Madam Deputy Speaker. The recipients of the Bermuda hotel industry, institute for both annual grant and management of Certified Tourism Ambassador Programme; Mickey Schaefer and Associates for Certified Tourism …
I see. Well, we are going to try to, and answer Question 2 before Question 3. Hon. Kenneth (Kenny) Bascome: Yes, Madam Deputy Speaker. The recipients of the Bermuda hotel industry, institute for both annual grant and management of Certified Tourism Ambassador Programme; Mickey Schaefer and Associates for Certified Tourism A mbassador Programme and annual licence fees; the KBB [Keep Bermuda Beautiful] for Neighbourhood Beautification Project; and Princeton Marketing Media Tourism, forwarded television production; Perfo rmance Solution and Daniel Rick Productions for N ational Training Standard Programme.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 33. SUPPLEMENTARIES
Mr. Jamahl S. SimmonsSupplementary, Madam Deputy Speaker. What was the process for the awarding of these contracts for on- Island marketing by the BTA?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Junior Minister of Tourism. Hon. Kenneth (Kenny) Bascome: My understanding, Madam Deputy Speaker, is that it is advertised in the Royal Gazette and online and on the JobBoard.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 33, the second supplementary.
Mr. Jamahl S. SimmonsCould the Honourable Member confirm what dates they were advertised in the Royal Gazette?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Junior Minister of Touri sm. Hon. Kenneth (Kenny) Bascome: At this stage I do not have those dates, but I will make every effort to secure those dates so that the Honourable Member will be aware.
The Deputy SpeakerDeputy SpeakerThank you. Are there any further supplementaries? The Chair recognises the Member from constituency 29, first supplementary. Hon. Zane J. S. De Silva: Thank you. Can the Honourable Junior Minister tell us how much was paid to KBB for their participation?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Junior Minister of Tourism. Hon. Kenneth (Kenny) Bascome: At this stage, I do not have that exact figure, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Thank you. Are there any other supplementary questions? We have already had two supplementaries from yourself. We will go to the next question; please do.
Mr. Jamahl S. SimmonsWe are trying to end this ordeal as quickly as possible. Th e Deputy Speaker: Thank you. Please proceed. QUESTION 3: RECIPIENTS OF BTA GRANTS
Mr. Jamahl S. SimmonsWould the Honourable Ju nior Minister please advise this Honourable House who were the recipients of grants by the BTA for 2014/ 15? 658 17 February 2017 Official Hansard Report Bermuda House of Assembly The Deputy Speaker: Thank you, Member. The Chair recognises the Junior Minister of Tourism. Hon. Kenneth …
Would the Honourable Ju nior Minister please advise this Honourable House who were the recipients of grants by the BTA for 2014/ 15?
658 17 February 2017 Official Hansard Report
Bermuda House of Assembly The Deputy Speaker: Thank you, Member. The Chair recognises the Junior Minister of Tourism.
Hon. Kenneth (Kenn y) Bascome: Madam Deputy Speaker, the recipients were the Bermuda International Race Week, which was held from May the 3rd until May the 9th, 2014; the Professional Rugby Team, which was held from June the 2nd to June the 8th, 2014; Light Tournament Fishing Programme, which was held from the 15 th of June until the 19th of June; Bermuda Fly Fish Invitation, which was held from June the 24 th to June the 28th, 2014; Bermuda Billfish Tournament, which was held on June the 30th until July the 20th, 2014; the Beach Tennis International Programme that was held from April the 27th until April the 28th, 2014; the Bermuda Invitational Celebrity Golf Tournament, which was held from September 12th until September the 14th, 2014; Around the Sound Swim, which was held on October the 12th, 2014. The Canadian Association of Independent Schools —24 teams came to Bermuda to participate in soccer, and the dates that this was held were October the 15 th to October the 19th in 2014; the Royal Berm uda Yacht Club Argo Cup, whic h was held from Oct ober the 20th until October the 26th, 2014; the Newport to Bermuda Yacht Race, which started on June the 20 th and ran until the 28th of June 2014.The Queen of Bermuda Women’s Triathlon was held November the 7 th to November the 9th, 2014; the World Rugby Classic, which was held from November the 8th to the 15th, 2014; the Bermuda Squash Challenge, which was held from November the 13 th to November the 15th, 2014; the Goslings Invitational Golf Tournament, which was held on November the 30 th until December the 4th, 2014. The Bermuda Regional Bridge Tournament was held on January the 24th until the 30th, 2015. The Bermuda Open Volleyball Tournament was held on April the 3 rd to the 5th, 2015. The Annual Swim Meet was held on the 15th of April, 2015. The North Amer ican Sailing Championships were held from April the 24 th until April the 27th, 2015. And the Bermuda Golf Association event was held all year. The grants were given to them for a yearly . . . The St. George's Historical Re -enactment, all year; Harbour Nights, which is held seasonal; the Bermuda Rockfish Cultural Performance, which is seasonal; the City Fashion Fest ival, which is July the 7 th to the 12th, 2014. Historical Events, April the 1st to the 16th, 2014; International Race Week Tournament, Overseas and Island Local Artists, September the 19th to the 20th, 2014; Frog and Onion Oktoberfest, which was held on October the 14th, 2014. (I am having a problem seeing this paper in this light.)
[Inaudible interjection] Hon. Kenneth (Kenny) Bascome: No, no, it is not that. It is the glare from the light. Sorority/Fraternity, the experience to take place in Bermuda, which was held on April the 7th to the 10th, 2015; Land- and Sea- Based Theme Exper iences, which was held on May the 30th to June the 1st, 2014; the Chewstick Lounge, all year; Little Island Big Adventure, all year; Catlin End- to-End, which was held on May the 2nd. . .
The Deputy SpeakerDeputy SpeakerThank you, Member. We have a gentleman who has asked a question standing.
Mr. Jamahl S. SimmonsJust for the benefit of the House. I would be glad to get the notes from the Mi nister afterwards if he is willing to comply. [Inaudible interjections]
The Deputy SpeakerDeputy SpeakerMembers, Members. The questions are . . . It would be nice if he can follow up from his statement to put it in writing. But, Member, you can continue, please. Hon. Kenneth (Kenny) Bascome: Well, Madam Deputy Speaker, what I would say, this is why I co vered my …
Members, Members. The questions are . . . It would be nice if he can follow up from his statement to put it in writing. But, Member, you can continue, please. Hon. Kenneth (Kenny) Bascome: Well, Madam Deputy Speaker, what I would say, this is why I co vered my back. [Pause] Hon. Kenneth (Kenny) Bascome: Summer Jam, Madam Deputy Speaker, was held from June the 13 th to June the 15th, 2014; Cup Match Beach Fest, which was held from July the 30th to 31st, 2014; Somerset Cricket Club for the annual Cup Match Classic, which was held on July the 31 st to August the 1st, 2014; the Bermuda Dog Show, which was held on the 18th through the 19th, 2014; Fall Southerf est, which was held on November the 7th through the 10th, 2014; St. Peter’s Church tours, all year; Coconut Rock, all year; Horse Trail tours, all year; Bermuda Spirit, all year; Bermuda Fly Fish Invitational, which was held on June the 23rd to the 27th, 2015; the Bermuda Golf Association Tournament, which was held all year; Bermuda National Swimming Championships, which were held on May the 28 th through the 31st, 2015.
Th e Deputy Speaker: Member, it has been brought to my attention that under the Standing Orders, if it is a lengthy statement, it is asked to be put in writing. So I would ask that you confirm that you will put it in wri ting so that the Shadow will have this information in front of him. Are you in agreement with that, Member?
Hon. Kenneth (Kenny) Bascome: Yes, I am, because I initially wanted to do that, Madam Deputy Speaker.
Bermuda House of Assembly The Deputy Speaker: Thank you, Member. So, the Member who brought the question has approved. So we are going to move on. Thank you very, very much. I do believe we have . . . The Chair recogni ses the Shadow Attorney General. You have the floor.
QUESTION 1: ATTORNEY GENERAL’S CIVIL A CTION AGAINST LAHEY CLINIC
Hon. Michael J. Scott: Thank you, Madam Deputy Speaker. Madam Deputy Speaker, this is a question of urgent public importance to the Learned Attorney General: Will the Honourable Attorney General co nfirm to this House whether there has been serious concerns or disquiet raised to him or anyone within the Office of the Attorney General by officials of the US Department of Justice regarding possible viol ations of international treaties, specifically the US – Bermuda Mutual Legal Assistance Treaty, arising as a direct result out of the civil action commenced by the Attorney General against Lahey Clinic, entitled Gov-ernment of Bermuda versus Lahey Clinic, Incorp orated?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Thank you, Madam Deputy Speaker. The House will be aware that on the 14 th of February 2017, the Bermuda Government issued civil proceedings against Lahey Clinic in federal court in Boston. It would not be appropriate …
Thank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Thank you, Madam Deputy Speaker. The House will be aware that on the 14 th of February 2017, the Bermuda Government issued civil proceedings against Lahey Clinic in federal court in Boston. It would not be appropriate for me to make any comment to this Honourable House which in any way relates to any criminal investigations into the conduct at issue, which proceedings may have been, are being or may be conducted by federal authorities in the United States of America or by Bermuda, or which in any way relate to any mutua l legal assistance in connection with that. Madam Deputy Speaker, I can assure this Honourable House and the Learned Member that there has been no treaty violation in connection with the Lahey legal proceedings or otherwise.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Shadow Attorney General. Hon. Michael J. Scott: Thank you, Madam Deputy Speaker. Follow -up, supplementary.
The Deputy SpeakerDeputy SpeakerSupplementary? SUPPLEMENTARIES Hon. Michael J. Scott: Yes. Is the Learned Attorney General aware that, under our US –Bermuda Mutual Legal Assistance Treaty, under that treaty civil pr oceedings are not . . . under that treaty, they are not intended to extend to civil matters at all, under any circumstances? …
Supplementary?
SUPPLEMENTARIES Hon. Michael J. Scott: Yes. Is the Learned Attorney General aware that, under our US –Bermuda Mutual Legal Assistance Treaty, under that treaty civil pr oceedings are not . . . under that treaty, they are not intended to extend to civil matters at all, under any circumstances? Is the Attorney General aware that the treaty, the US –Bermuda Mutual Legal Assistance Treaty, is not intended to extend to civil matters?
The Deputy SpeakerDeputy SpeakerThank you, Shadow Attorney General. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, I am aware of the contents of the law.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 17. This is a supplementary?
Mr. Walton BrownYes. Can the Honourable Attorney General confirm whether or not he has received any communications from the US Department of Justice regarding a poss ible violation of the terms under that treaty?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, I refer to my earlier response and to the Standing O rders. I am unable to answer that question.
The Deputy SpeakerDeputy SpeakerThank you. Are there supplementaries? The Chair recognises . . . this is a second? Any supplementaries? The Chair recognises the Opposition Whip.
Ms. Lovitta F. FoggoYes. Madam Deputy Speaker, can the Attorney General speak to whether or not there were any terms and conditions specified under [Article] 7(2) of the Treaty that the Bermuda Gover nment was required to adhere to?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, I thought I made myself clear that I am not in a position to comment on matters which are covered by this treaty or which may prejudice an ongoing matter. I am not at …
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the second supplementary from the Member from constituency 17. 660 17 February 2017 Official Hansard Report Bermuda House of Assembly Mr. Walton Brown: Yes. Can the Honourable Attorney General clarify for this Honourable House and to the Bermudian public why he is unable to …
Thank you, Member. The Chair recognises the second supplementary from the Member from constituency 17.
660 17 February 2017 Official Hansard Report
Bermuda House of Assembly Mr. Walton Brown: Yes. Can the Honourable Attorney General clarify for this Honourable House and to the Bermudian public why he is unable to clarify, given that the question falls outside of the actual Treaty i tself?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: [Microphone off]
The Deputy SpeakerDeputy SpeakerMember, would you like to put your microphone on, please? Hon. Trevor G. Moniz: To repeat, they refer to matters of legal privilege. They refer to matters in the Treaty. And also, it would be breach of Standing O rder 17(5)(g)[(vi)], which says, “(g) A question shall not be asked: …
Member, would you like to put your microphone on, please? Hon. Trevor G. Moniz: To repeat, they refer to matters of legal privilege. They refer to matters in the Treaty. And also, it would be breach of Standing O rder 17(5)(g)[(vi)], which says, “(g) A question shall not be asked: (vi) reflecting on the decisions of a court of law or being likely to prejudice a matter which his under trial and therefore sub judice.”
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the second supplementary from the Shadow Attorney General. Hon. Michael J. Scott: This is not a supplementary. This is a point of order.
The Deputy SpeakerDeputy SpeakerSorry? Hon. Michael J. Scott: May I draw your attention to a point of order?
The Deputy SpeakerDeputy SpeakerYes. POINT OF ORDER [Sub judice] Hon. Michael J. Scott: Under Standing Orders, and by extension of reference to May’s, no sub judice objections can rise in relation to matters that are outside of the courts of Bermuda. [Inaudible interjections] Hon. Michael J. Scott: So, it is not a sub …
Yes.
POINT OF ORDER [Sub judice] Hon. Michael J. Scott: Under Standing Orders, and by extension of reference to May’s, no sub judice objections can rise in relation to matters that are outside of the courts of Bermuda.
[Inaudible interjections] Hon. Michael J. Scott: So, it is not a sub judi ce issue. I take that point, and it is a direct contradiction to what the Learned Attorney has said. So, can he answer the question?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: There are also matters being considered for Bermuda courts, Madam Deputy Speaker. I am not going to prejudice those matters. And it is in breach of the Treaty; it is not outside of the Treaty. I am …
Thank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: There are also matters being considered for Bermuda courts, Madam Deputy Speaker. I am not going to prejudice those matters. And it is in breach of the Treaty; it is not outside of the Treaty. I am not permitted to speak to those matters. The Deputy Speaker: Thank you. The Chair recognises the Opposition Leader.
Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, the members of the public who are listening will see that the Honourable Attorney General of the country refuses to answer questions placed directly to him. So, I will try to make it as direct as possible. We have it under information that his office has been contacted by the prosecutors in this case that the Government has used confidential information obtained under a treaty inside of a civil case, in direct contravention of our Treaty. Will the Honourable Attorney General please give a simple yes-or-no [answer] to this House today as to whether or not he has been contacted by any member of the United States Department of Justi ce since his office filed a lawsuit on Tuesday? Yes or no?
The Deputy SpeakerDeputy SpeakerMember, the question we do have in front of us is regarding the possible violations of international treaties. So I just wanted to bring that back out. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, the Members of the Opposition are charging down the wrong …
Member, the question we do have in front of us is regarding the possible violations of international treaties. So I just wanted to bring that back out. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, the Members of the Opposition are charging down the wrong road at full speed. There has been no breach of any treaty. No matter from any criminal investigation has been used in the civil investigation. So, they can rest easy on that front. And the public can rest easy. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the first supplementary from the Member from constituency 15.
Mr. Walter H. RobanSupplementary, Madam Deputy Speaker: In light of the Minister’s answer, has there been any contact in relation to this matter with the Department of Justice of the United States of Amer ica? Yes or no?
An Hon. Member An Hon. MemberYes or no.
The Deputy SpeakerDeputy SpeakerThe Chair recognises the A ttorney General.
An Hon. Member An Hon. MemberYes or no. Hon. Trevor G. Moniz: I am not permitted to speak to that matter, Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Member from constituency 29, and this is the first supplementary. Bermuda House of Assembly Hon. Zane J. S. De Silva: Thank you. Thank you, Madam Deputy Speaker. Madam Deputy Speaker, the Attorney General said that he is not going to answer the question subject …
Thank you. The Chair recognises the Member from constituency 29, and this is the first supplementary.
Bermuda House of Assembly Hon. Zane J. S. De Silva: Thank you. Thank you, Madam Deputy Speaker. Madam Deputy Speaker, the Attorney General said that he is not going to answer the question subject to Standing Orders with regard to legal priv ilege and decisions of courts of law. This is in neither one of those spaces. So the question to the Honour able Attorney General is, Has he or his department been contacted by the Department of Justice with r egard to the Treaty?
The Deputy SpeakerDeputy SpeakerThank you. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam, the question has been answered.
The Deputy SpeakerDeputy SpeakerThe Chair recognises the Member from constituency 6. This is your first su pplementary. Hon. Wayne L. Furbert: Thank you, Madam Deputy Speaker. Can the Honourable Minister inform this Ho nourable House what was the amount of the retainer paid to the law firm in Boston?
The Deputy SpeakerDeputy SpeakerMember, that is not part of the question that has been posed initially. Are there any other supplementary quest ions? The Chair recognises the Opposition Whip. This is your second supplementary.
Ms. Lovitta F. FoggoYes. Thank you. Attorney General, at any point in time in the US, did the US deny any request for records reques ted under the Act? And if so, what was the reason for their denial? At any point in time, did the United States deny any request for records …
Yes. Thank you. Attorney General, at any point in time in the US, did the US deny any request for records reques ted under the Act? And if so, what was the reason for their denial? At any point in time, did the United States deny any request for records requested under the Act? And if so, what was the reason for their . . .
The Deputy SpeakerDeputy SpeakerThe Chair recognises the A ttorney General. Hon. Trevor G. Moniz: I do not know the answer to that, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThe Chair recognises the O pposition Leader. This is the second supplementary. Hon. E. David Burt: Thank you, the second question. And, Madam Deputy Speaker, we are clearly out of time. The fact of the matter remains that the Honour able Minister has not answered the question. We know that …
The Chair recognises the O pposition Leader. This is the second supplementary.
Hon. E. David Burt: Thank you, the second question. And, Madam Deputy Speaker, we are clearly out of time. The fact of the matter remains that the Honour able Minister has not answered the question. We know that he has been contacted by members of the D epartment of Justice. So I will ask again if he will level with the people of this country and state the reasons why he was contacted and the concerns that were raised, with possible violations of a treaty which as-sists this country in fighting law enforcement, in fighting to uphold the law?
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, if the Opposition were being honest about this, they will accept the answer that there have been no breaches of any treaty. [Inaudible interjections] Hon. Trevor G. Moniz: Of course, it is not the …
Thank you, Member. The Chair recognises the Attorney General. Hon. Trevor G. Moniz: Madam Deputy Speaker, if the Opposition were being honest about this, they will accept the answer that there have been no breaches of any treaty.
[Inaudible interjections]
Hon. Trevor G. Moniz: Of course, it is not the question that has been asked, because you do not want the truth.
[Inaudible interjections]
The Deputy SpeakerDeputy SpeakerThank you. Are there any other supplementaries? The Chair recognises the Shadow Attorney General. Hon. Michael J. Scott: Thank you, Madam Deputy Speaker. Will the Learned Attorney agree that these are matters of urgent importance, the relationship between the United States of America and Bermuda in the context of our …
The Deputy SpeakerDeputy SpeakerThank you. Sorry. Time is up. We will move to the next [item].Thank you, Members. CONGRATULATORY AND/OR OBITUARY SPEECHES
The Deputy SpeakerDeputy SpeakerAre there any Members who would like to speak to congrats and obits? Thank you. The Chair recognises the Member from constituency 24.
Mr. W. Lawrence ScottThank you, Madam Deputy Speaker. I just would like to have this Honourable House send condolences to the Scott family, Shanda Scott. And I will declar e my interest: She is a cousin of mine. She, unfortunately, passed early in life due to cancer. She was a vibrant lady. She …
Thank you, Madam Deputy Speaker. I just would like to have this Honourable House send condolences to the Scott family, Shanda Scott. And I will declar e my interest: She is a cousin of mine. She, unfortunately, passed early in life due to cancer. She was a vibrant lady. She was a lady who spent a lot of her time serving her country, maybe not in the political realm, but with the police department, the Bermuda Police Service. And she will be sorely missed by the family. I associate Neville Tyrrell and my other family members on the other side of the 662 17 February 2017 Official Hansard Report
Bermuda House of Assembly aisle, the Minister Wayne Scott, Susan Jackson—the whole Scott family.
The Deputy SpeakerDeputy SpeakerThank you very m uch, Member. Are there any other Members who would like to speak to congrats and obits? Thank you. The Chair recognises the Member from constituency 16.
Mr. Michael A. WeeksThank you, Madam Deputy Speaker. Madam Deputy Speaker, I would like some condolences to be sent on behalf of the House, act ually, for one of our colleagues, the Honourable Kim Wilson. Her uncle had passed, Stephen Andre Wilson. He was a very good friend of mine, so I would …
Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I would like some condolences to be sent on behalf of the House, act ually, for one of our colleagues, the Honourable Kim Wilson. Her uncle had passed, Stephen Andre Wilson. He was a very good friend of mine, so I would be r emiss if I did not get up and speak on it. He is not on ly uncle of our colleague, the Honourable Kim Wilson. He is the grandson of one of the founders of the Bermuda Worker’s Association [forerunner to the BIU, or Bermuda Industrial Union], Austin Wilson. And he was very much a part of the physical team. He was not one of those guys who are out front. But he was very up to date on what was happening. So, my condolences go out to Honourable Kim Wilson and her fam ily, and all those related to Mr. Stephen Andre Wilson. And I would like to associate the whole House. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members? The Chair recognises . . . Are there any other Members who would like to speak to congrats/obits? Thank you. The Chair recognises the Member from constituency 5. Hon. Derrick V. Burgess, Sr.: Five, yes. Thank you, Madam Deputy Speaker. Madam Deputy …
Thank you, Member. Are there any other Members? The Chair recognises . . . Are there any other Members who would like to speak to congrats/obits? Thank you. The Chair recognises the Member from constituency 5.
Hon. Derrick V. Burgess, Sr.: Five, yes. Thank you, Madam Deputy Speaker. Madam Deputy Speaker, I would like this House to send condolences up to the family of the late Ms. Lavinia Stovell, mother of Patricia Stovell -Lowe and an aunt of Reverend Betty Furbert -Woolridge. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members who would like to speak to congrats or obits? The Chair recognises the Opposition Leader. Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, in the hustle and bustle which took place in the House on February …
Thank you, Member. Are there any other Members who would like to speak to congrats or obits? The Chair recognises the Opposition Leader.
Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, in the hustle and bustle which took place in the House on February 3 rd, I was unable to rise to my feet on that occasion. So I missed the opportunity. So I would like to at least go on record to associate myself with condolences on that par ticular day. There were condolences that were given to the passing of Mr. Jahni Outerbridge. Jahni Outerbridge and I shared a passion for the same football team. That would be Devonshire Recreation Club. I actually met Jahni when we were— [Inaudible inter jection] Hon. E. David Burt: He was a Chelsea fan as well; yes, you are correct, Madam Government Whip. But he also supported the Devonshire Recreation Club. And when we actually met for the first time, we were actuall y motorcading, celebrating our Triple C rown victory in 2013. I had actually spoken to Jahni on the day that he was murdered, because we were at De vonshire Rec watching a match. And we had shared a joke. And it is very tragic that his life was taken so ear-ly. As I had stated when I spoke on another debate last week, I had the occasion of attending his viewing. And seeing his mother, and speaking and expressing our condolences on behalf of the Party, especially, but on behalf of myself . . . so I just wanted to make sure that was put on record. In addition to that, I wanted to be associated on record with the remarks of condolences that were given for “Termite” [Llewellyn Warner] and his pas sing. I know those were given before, but I just wanted to associate myself there. I was able to attend the wake and the party, which took place on Court Street. And it was a wonderful outpouring of support for the member of the community who was certainly very well loved. So I just wanted to make sure that I was put on the record for that. The final item is —same thing, I was supposed to do it on February 3 rd—I would like to extend congratulations and ask the House to send congratul ations, of course, to the Devonshire Recreation Club and their Senior Men’s Football Team, who won their second trophy of this football season in capturing the Friendship Trophy from PHC [Pembroke Hamilton Club]. Commiserations to the Members from constit uencies 24 and 11. I will most certainly associate the Shadow Minister for Sport. But it is a very young team, and it is great to see that they are gelling so well together and they have managed to win two tr ophies. Of course, Madam Deputy Speaker, you would know my association with Devonshire Rec is a very long and deep association. So I have gotten to know quite a few of those young men, and I want to salute them for their accomplishment and also to s alute the club that continues to do good work in the community in developing young men to be leaders and role models. And I will associate the entire House if the entire House is okay with those congratulations. Thank you very much, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members who would like to speak to congrats and obits? Bermuda House of Assembly There are none, so we will go to the next item on our Order Paper. MATTERS OF PRIVILEGE
The Deputy SpeakerDeputy SpeakerI believe we are starting with Order No. 3 on our Order Paper, which is the second reading of the Companies and Limited Liability Company Amendment Act 2017. I call on the Minister in charge to proceed. Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Deputy Speaker. I move that the Bill entitled the Companies and Limited Liability Company Amendment Act 2017 be now read the second time.
The Deputy SpeakerDeputy SpeakerPlease proceed. BILL SECOND READING COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT 2017
The Hon. Dr. E. Grant GibbonsI am pleased, Madam Deputy Speaker, to introduce to this Honourable House the Companies and Limited Liability Company Amendment Act 2017. This Bill will amend several provisi ons of the Companies Act 1981 and the Limited Liability Company Act 2016, to set forth requirements to retain certain records once a …
I am pleased, Madam Deputy Speaker, to introduce to this Honourable House the Companies and Limited Liability Company Amendment Act 2017. This Bill will amend several provisi ons of the Companies Act 1981 and the Limited Liability Company Act 2016, to set forth requirements to retain certain records once a Bermuda company or LLC has been dissolved or struck off the register. Madam Deputy Speaker, as Members of this Honourable House are aware, Bermuda is a member of the Global Forum of the Organization for Economic Cooperation and Development, otherwise known as the OECD, and an associate member of the Financial Action Task Force, FATF. The OECD sets international standards for transparency and exchange of information for tax purposes to address risks of tax evasion and noncompliance. FATF, on the other hand, sets international standards for combatting money laundering, terrorist financing, and other related threats to the integrity of the international financial system. Madam Deputy Speaker, the OECD Global Forum and the FATF members undergo periodic as-sessment to determine, first, whether their legal and regulatory framework meets the international standards, and second, whether the implementation of that framework is effective. Bermuda’s most recent OECD assessment period began late last fall and will co nclude in March. Bermuda will also undergo a FATF assessment beginning in early 2018. Our continued success and reputational standing as an international financial centre are largely dependent upon maintai ning an appropriate rating for legislative compliance and effectiveness in relation to applicable standards. Madam Deputy Speaker, OECD and FATF standards require jurisdictions to mandate the retention of ownership and identity, accounting and banking information for a minimum of five years following cer-tain triggering events. Examples of such events i nclude the close of financial period or tax year, termina-tion of a business relationship, or cessation of bus iness activities. In accordance with governing treaties or multilateral conventions, which have been executed by the OECD and FATF members, the required infor-mation must be accessible and made available to a requesting country in a timely manner. Failure to comply with the member country’s request for information for any reason could have negative impacts on a country’s peer review rating. It is clear that an exchange of information r egime is only effective when there are legal mech anisms that enable the information to be obtained and exchanged, and the required information is provided in a timely manner. Information exchange cannot be 664 17 February 2017 Official Hansard Report
Bermuda House of Assembly properly effective if any of these elements are mis sing. Madam Deputy Speaker, Bermuda’s current record- retention requirements for active businesses have been carefully drafted to meet OECD and FATF standards. However, the Bill being debated today is intended to ensure the availability of required information for Bermuda entities that have either been di ssolved or otherwise struck off the register. Specifically, this Bill will amend the Companies Act and the LLC Act as follows: First, in relation to a company or LLC that is being dissolved, the liquidator will be required to retain for a period of five years the records of account and, where applicable, the customer identity records of the entity, and the books and papers of the liquidator. Second, in the case of a strike- off, the directors and officers of a company or LLC will be required to retain the records of account and, where applicable, the customer identity records. And third, a substantive revision is being added to each Act to enable retention of the requirement information either in hard copy or in electronic form subject to certain restrictions. This change is intended to provide a convenient and more cost -effective option for compliance with these new requirements. Further amendments are being made to ensure proper integration of the new requirements into the principal Acts, including a penalty for noncompl iance. Madam Deputy Speaker, the proposed amendments must be effective to avoid unnecessary risks to Bermuda’s existing, quote, “largely compliant ” OECD rating and in preparation for the 2018 FATF assessment. Our ability to maintain our competitive standing in the global community requires that we continue to update our legislative framework as needed to meet international standards. In closing, I would like to thank the Recovery and Insolvency Specialists Association, otherwise known as RISA, and the Bermuda Monetary Authority, the Registrar of Companies, and the National Anti - Money Laundering Committee for their valuable contribution to this project. I would also like to thank the Ministry of Finance, the Attorney General’s Chambers, and the Business Development Unit for their dedic ation and hard work in bringing forth this important piece of legislation. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Minister. Are there any other Members who would like to speak to the Bill, Companies and Limited Liability Company Amendment Act 2017? The Chair recognises the Opposition Leader. You have the floor. Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, this particular …
Thank you, Minister. Are there any other Members who would like to speak to the Bill, Companies and Limited Liability Company Amendment Act 2017? The Chair recognises the Opposition Leader. You have the floor.
Hon. E. David Burt: Thank you very much, Madam Deputy Speaker. Madam Deputy Speaker, this particular piece of legislation deals with Bermuda making sure that we uphold to the international standards of which is r equired to continue functioning as a reputable jurisdi ction. But I must, however, Madam Deputy Speaker, and as we are talking about the general principles of this Bill, speak about . . . if we are to maintain our st atus as a leading international centre, that means that we have to make sure that we abide by the rules. That means that we have to update our rules. But that means that we also have to agree and follow our commitments. And I am greatly disturbed, Madam Deputy Speaker, that while we are talking about the upgrades of this, we have information on this side that the Go vernment has violated international treaties that are signed with the United States of America dealing with the mutual assistance. So that, I think, is a very, very big challenge. So we can sit here and we can talk about the need to upgrade our laws. And we can talk about the need to make sure that we adhere to the highest standards. But if the Government cannot be a trusted partner, if the Government cannot agree to keep information confidential that should be kept confidential, if the Government cannot agree to make sure that it is abiding by the letter —
The Deputy SpeakerDeputy SpeakerI was watching carefully, listening carefully.
The Hon. Dr. E. Grant GibbonsDuring that debate, he was assured by the Attorney General that there was no breach of international treaties. That does not comply with this particular iss ue before us today.
The Deputy SpeakerDeputy SpeakerThank you. And we must not reflect on things that have already been said in the House earlier today. The Chair recognises the Opposition Leader. Hon. E. David Burt: I take direction from the Chair, but I am doing my best not to deflect —reflect. B ecause the fact is …
Thank you. And we must not reflect on things that have already been said in the House earlier today. The Chair recognises the Opposition Leader.
Hon. E. David Burt: I take direction from the Chair, but I am doing my best not to deflect —reflect. B ecause the fact is that, in so many, we are doing another thing later that is dealing with international agreements. Because as an international jurisdiction, we need to be seen to have the highest standard. We
Bermuda House of Assembly need to be seen to be operating in the highest standard. And if we are dealing with our partners —I would say there are probably notice provisions that are under OECD rules and regulations for requesting par-ties, et cetera —one would think that, in those types of notic e provisions, with your partners, the way that they find out about things taking place is not by reading them in the newspaper. So, I think that we have to be very careful when talking, when the Government is talking about upgrading the way in which we ac t and the way in which we operate, by making sure that the Gover nment itself is an actual trusted partner in these type of things. Because we have seen numerous times that we have had to upgrade our rules, upgrade our regu-lations. We can do as much rule- upgrading as we want. We can pass the rules and regulations inside this Parliament. We can make them as strong as pos-sible. But if we, as a country and the administrative arms of government, do not follow those protocols, do not understand those protocols, and do not adhere to those protocols, our reputation can be damaged over-night. So I think that that, Madam Deputy Speaker, is a very important point. Because there will be many times that we will come to this House, and when we did it on our side and when the Government did it on their side, we know that we will have our consultation. We see the persons from the Ministry of Finance, the Treaty Unit. We know that people are coming from the BMA [Bermuda Monetary Authority], making sure that we keep up to the standards which are necessary and required. But if the laws are written and we do not follow and obey the laws, then there is no purpose of our being here passing them. There is none whatsoever. And I think that is the challenge of which we face i nside of this Parliament today. And I think that is a challenge which should extend, because the Government may decide that they do not want to give Parliament the information; and that is fine. That is their right, to not try to [give] information. But when you are dealing with certain legal requirements, such as treaties, trea-ties require that information be shared. And often-times, when treaties require that information be shared, they also require that information be kept con-fidential and that information is not used. So, I would hope that in the discussion of this particular Bill, and when we are talking about upgrad-ing our rules to adhere to international standard, I would hope that the administration of those offices, whether they be the Government or the quasi - government entities which are required to uphold these laws and Acts to respond to requests for information or to ask for requests for information from ot her parties or other partners overseas, one would hope that they would do the work to keep them confidential and to possibly not violate specific terms of treaties, would say that information which is obtained should not in any way, shape or form be used for political purposes. So, I think that that is something, Madam Deputy Speaker, that is very impor tant when discus sing the principles of these Bills. Because as a country, we cannot afford to damage the relationships of which we have with the international community, and we cannot afford to damage the relationships of which we have with our international partners, especially our main trading partner, and that is that of the United States of Amer ica. I would hope the Government would tread careful-ly. I would hope the Government would take heed as to what is being said in this Parliament today and will act accordingly. Because if our reputation is at risk, it does not matter how many laws we pass and how many peer reviews, et cetera, that we pass. If we are not trusted to administer those laws, then we will not get the recognition and the standing of whic h is r equired to maintain our international business industry here in Bermuda. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you. Are there any other Members who would like to speak to the Bill? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: Thank you, Madam Speaker.
The Deputy SpeakerDeputy SpeakerIt is Acting Speaker, actually. Hon. Wayne L. Furbert: Acting? Well, I call you Speaker; maybe I am prophesying. [Laughter] Hon. Wayne L. Furbert: Well, we may need a Speaker . We will need a Speaker also. We may need a Speaker also. Madam Deputy Speaker, I mean, this Bill …
It is Acting Speaker, actually. Hon. Wayne L. Furbert: Acting? Well, I call you Speaker; maybe I am prophesying. [Laughter]
Hon. Wayne L. Furbert: Well, we may need a Speaker . We will need a Speaker also. We may need a Speaker also. Madam Deputy Speaker, I mean, this Bill t oday, brought before us today, is very important, as the Minister laid out before us. But we have to take into consideration what my Honourable Leader has said, that if we are going to do something and we are going to abide by regulations and we are going to abide by treaties and everything else that is out there, we have to clearly show the world that we support it. And so, it is not just about passing this particular Bill today. The question is, are we going to follow through with it? And let me just say to the Minister that we continue to live in this changing world where demands are being put on the jurisdictions, whether it is us as a little, small dot out in the Atlantic or whether it is other jurisdictions around the world. But we have to abide by them. And so, if individuals or countries or organi-sations are not going to be adhering to these things out in the marketplace and we are not going to be li ving and abiding by treaties, we have got to be very concerned. 666 17 February 2017 Official Hansard Report
Bermuda House of Assembly But to get back to the Bill itself, it said the . . .
[Inaudible interjections and laughter ]
Hon. Wayne L. Furbert: Well, Madam Deputy Speaker, the Honourable Members on that side really do not want to hear the truth. And that is, I think, where they fall down continuously. Right? I mean, we are talking about continuously misleading this country from time to time on no matter what aspect it is. So, it is not about our bringing this particul ar Bill here today and hoping that we will pass it. I know it will be passed.
The Deputy SpeakerDeputy SpeakerBut actually, Member, we are talking about the Bill in front of us today. Hon. Wayne L. Furbert: Well, I am. Every time you hear me, I am talking about the Bill, Madam Deputy Speaker. I only mention the Bill; I do not mention an ything else.
The Hon. Dr. E. Grant GibbonsTell me what the Bill said. Hon. Wayne L. Furbert: Well, I will tell you in a few minutes. [Laughter] Hon. Wayne L. Furbert: But it is clear, Madam Deputy Speaker, that this particular Bill that is being brought for us today is very important, that the Fina ncial Action …
Tell me what the Bill said. Hon. Wayne L. Furbert: Well, I will tell you in a few minutes. [Laughter]
Hon. Wayne L. Furbert: But it is clear, Madam Deputy Speaker, that this particular Bill that is being brought for us today is very important, that the Fina ncial Action Task Force of which we are a member, and the demands being put on us, are clear. I mean, I cannot believe that, I did not know that this even existed, that we had to . . . in records when companies were being liquidated that compa-nies would get rid of their records so fast. I did not realise. I know there was a period that they had to keep it in existence. And when I read t his, I was a bit surprised that almost immediately I can wipe out i nformation overnight. Now, it may not be overnight. But in other words, it wiped out much faster than I ever thought it would. I mean, we always hear about this where you have a debt and that you can be looked at for six years. I would have thought that financial records would have been kept, or information on the company would have been kept, much longer. But for overnight something to disappear, I just find it tremendous. So we have a right and we have a responsibi lity as a jurisdiction, particularly for transparency, accountability, to ensure that if we are going to play in this arena—and we have had a good reputation over the years —that we as a country abide by the requir ements that are laid before us today. So, Madam Deputy Speaker, we support this particular piece of legislation. And we will move for-ward from there. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members? The Chair recognises the Member from constituent 20. You have the floor.
Ms. Susan E. JacksonGood morning, Madam Deputy Speaker. I just needed to take a few minutes to actually take my mirror and just deflect it back to the Oppos ition. I have no idea what they are talking about in rel ation to this Bill that we are presenting on the floor t …
Good morning, Madam Deputy Speaker. I just needed to take a few minutes to actually take my mirror and just deflect it back to the Oppos ition. I have no idea what they are talking about in rel ation to this Bill that we are presenting on the floor t oday. I believe all of them need to have a really good look in the mirror and reflect back on what they are saying.
[Inaudible interjections]
Ms. Susan E. JacksonThis Bill today is talking about retaining documents for a period of time so that we make sure that the anti- money laundering and any financial crime, the compliance is taking place— Hon. Wayne L. Furbert: Point of order, Madam Depu ty Speaker.
The Deputy SpeakerDeputy SpeakerIs wh at? Hon. Wayne L. Furbert: I believe I mentioned it about the records.
The Deputy SpeakerDeputy SpeakerWhat is your point of order? Hon. Wayne L. Furbert: We mentioned that on this side of keeping the records. So I do not know what the Honourable Member is talking about.
The Deputy SpeakerDeputy SpeakerThank you, Member. Thank you. The Chair recognises the Member from constituency 20.
Ms. Susan E. JacksonSo, this piece of legislation, as I understand it, is allowing companies to keep rec-ords for a period of time— [Inaudible interjection]
Ms. Susan E. Jackson—keep records for a period of time so that they can be researched in the event of any investigation or any other need for the documentation. And that, yes, maybe if a company is liquidat-ing, that there are much shorter periods of time when they can keep the documents. But …
—keep records for a period of time so that they can be researched in the event of any investigation or any other need for the documentation. And that, yes, maybe if a company is liquidat-ing, that there are much shorter periods of time when they can keep the documents. But the purpose of this speaks directly to things that are happening in this community right now,
Bermuda House of Assembly Deputy Speaker. There are instances in this comm unity right now where these records should be kept on file and available for any kind of scrutiny, investig ation, fact -finding, et cetera. So, this kind of legislation is put in place to protect not only Bermuda, but to pr otect companies and to protect against any kind of criminal activity that can be taking place in our community. And we need to have an opportunity to review those records, and they need to be kept stored, in place, on this Island, until investigations and any other kind of questions are answered. So, I just want to make it absolutely clear that this is a very good, solid Bill to put in place. It is fair. We are not asking that the documentation be kept forever, but certainly kept long enough that, should there be any questions asked, there are records that are made available and not being shredded as we speak. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members who would like to speak to the Bill? The Chair recognises the Member from constituency 15.
Mr. Walter H. RobanGood morning, Madam Deputy Speaker. I am not quite sure why the Honourable Member who sits in seat [constituency] 20 got up and made the points that she said concerning the Oppos ition. Because we are coming here to discuss this Bill based on what I think are very relevant …
Good morning, Madam Deputy Speaker. I am not quite sure why the Honourable Member who sits in seat [constituency] 20 got up and made the points that she said concerning the Oppos ition. Because we are coming here to discuss this Bill based on what I think are very relevant comments made by the Opposition Leader, who sits in constit uency 18. There was concern expressed by those who supervise us on these matters that we were not fol-lowing the appropriate international standards, that we were not doing what was required by us under the TIEA [Tax Information Exchange Agreement] ar-rangement and so, Madam Deputy Speaker, we had to rectify the situation. That is why we are here today. So, the comments of the Honourable Opposition Leader were very relevant. And the point of order was made, but on something about reflection. But the reality is that this is why we are here, discussing the Companies and Limited Liability Company Amendment Act 2017, to rectify a situation of concern raised by those who assess our standards and our practices under the TIEA arrangement and other arrangements. So, to raise consternation points about what we are saying is a deflection— is a deflection from the Government’s responsibility around these arrang ements, which is why this Bill has been brought to this House. And as the Honourable Opposition Leader said, it is very important that we as a country do what we must, in all cases, to not only sign agreements with our international partners, showing that we are willing to participate in the international environment, but that we follow them, those agreements and those arrangements, and that we abide by them in all of our conduct. That is how we will sustain our reputation as a credible international jurisdiction. And as I stated earlier, this Bill has been brought here to rectify a situation of concern that was expressed which required the Government to take action because certain things were not being done in the business community that adhered to the TIEA and FATF arrangements around the holding of infor-mation. Now, perhaps this raises a more serious question, Madam Deputy Speaker. It raises a question as to the seriousness of many in our community, who say that they are good business partners to us, that they support Bermuda in the role of an international financial centre, that they are all doing what they can to support the arrangements that the Government en-gages in and all the work that has been done over the years to sign these TIEA arrangements with other countries, to be seen as a legitimate jurisdiction in the face of extreme competition in an area of international financial services that has been under considerable scrutiny in recent years. We have all seen The Guar dian and other international, reputable papers talking about offshore centres. And there is an extreme amount of pressure on Bermuda to remove from itself the stain of being labelled a tax haven, labelled a j urisdiction that is trying to help people evade legitimate tax practices, legitimate reporting that is required and demanded of regulatory bodies, whether it be the IMF [International Monetary Fund], World Bank, even the US Government IRS, the Department of Justice, or other agencies that seek to . . . or the Bank of England or the European Central Bank, whomever you want to refer to. It is only by Bermuda’s maintaining a solid international reputation, by adhering to treaty ar-rangements and other arrangements, TIEAs, FATF arrangements, AML [anti -money laundering] arrangements and other arrangements that seek to bring a level of legitimacy and best practice to the international financial environment that we are going to be able to sustain our reputation. Because as we have seen, Madam Deputy Speaker, it is under attack all the time. The goalposts are moved regularly, daily perhaps. And we on this side have shown consistently, Madam Deputy Speaker, over the last four years, that we have supported this Government’s efforts in this area, because we ourselves had to maintain a similar pos-ture with the signing of all the TIEAs that went on after 2008. Many of the people who are relied on by the Ministry of Finance and by the BMA [Bermuda Monetary Authority ] are running across the globe at consi derable government expense to solidify these arrangements to protect Bermuda’s reputation, with not much help from the administrating power of the British Government, I might add. But I commend our Berm udians who have participated in this process. And the 668 17 February 2017 Official Hansard Report
Bermuda House of Assembly Government must sustain, as we have seen by stat ements internationally, by the Ministry of Finance and the Minister himself —must maintain a tough stance in the protection of our reputation. And this Bill that has been brought here today, the Companies and Limited Liability Company Amendment Act 2017, is clearly an effort to ensure that. So the concerns that we expressed on this side, Madam Deputy Speaker, as to ensuring that Bermuda adheres to arrangements that we have made, that we follow best practice internationally, that we do our best to maintain, as difficult as it may be in this internatio nal environment, being a solid international, reputable financial centre, are crucial to the country’s survival, to the creation of jobs, to the attraction of investment, to the well -being of many in our country, who are here now, who we hope will prosper continuously, and those whom we might attract here to contribute to that process. So, Bills like this are important. And the co ncerns that we raised on this side are relevant. Now, it is my view that the Government can be assured that Members on this side will support this legislation, we will continue to support the Gover nment in every effort that it makes to solidify Bermuda’s reputation internationally, and that we will support the Government whenever it seeks to legitimately ensure that Bermuda is adhering to best practice internation-ally, that a strong, tough stance is taken against inter-national regulators when needed to protect its reput ation, and to always ensure that Bermuda is seen as a good partner with other jurisdictions and agencies that are relevant to—and the interest of the people and the Government of Bermuda. Thank you, Madam Deputy Speaker.
The Deputy SpeakerDeputy SpeakerThank you, Member. Are there any other Members who would like to speak to the Bill in front of us, which is Companies and Limited Liability Company Amendment Act 2017? If not, I call on the Minister.
The Hon. Dr. E. Grant GibbonsThank you, Madam Deputy Speaker. There have been a number of issues and sort of allegations raised. Let me just start where the former Member left off. There was, I think, an impli cation, at least when he started, that somebody had done something illegal, that a company was not …
Mr. Walton BrownPoint of order, Madam Deputy Speaker. POINT OF ORDER [Misleading]
Mr. Walton BrownThe Honourable Member is misleading the House. In no way did I infer that.
The Deputy SpeakerDeputy SpeakerThank you, Member. Mr. Walton Brown: At all! And that should be wit hdrawn.
Mr. Walton BrownI did not mention anything about illegality or anybody doing anything wrong.
The Deputy SpeakerDeputy SpeakerThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsYes. I will move in a slightly different direction, because I think the sense that I had was he was suggesting that something had been done which basically should not have happened. And I think what we are looking at here— let me just go back to what this Bill …
Yes. I will move in a slightly different direction, because I think the sense that I had was he was suggesting that something had been done which basically should not have happened. And I think what we are looking at here— let me just go back to what this Bill is really about. It is simply correcting a gap as far as international standards are concerned in our companies legislation and in our LLC legislation. And that gap relates to the retention of records for companies that have either been dis-solved— in other words, they have been wound up— or companies that have been struck off, where the Reg-istrar of Companies simply decides that they are no longer active and therefore they should be removed from the register. And that gap relates to something which has gone back many, many years. There has always been sort of a sense that when a company no longer exists, is there a real need to keep those records around? And I think this is historical in many respects. This issue has come to light as a consequence of a r equest last year, by one of our TIEA partners, to pr oduce certain records, and in fact, we were unable to do that because the company in the circumstances had been essentially dissolved. Either it was dissolved or struck off. And the liquidator at the time, which they are entitled to do under section 255 of the Companies Act, asked the court for permission to destroy the rec-ords. And they were given that permission, under the Companies Act within our existing law, to destroy those records. So, nobody was tr ying to pull a fast one, as far as we can see. The court looked at it, the court r eviewed it and they gave the liquidator permission to do that. When that happened, which was some time before, and a TIEA partner requested the information, it was obviously no longer available. And then, when we had our onsite with respect to the OECD members here—I think it started in September . . . and this is a fairly standard practice. It happens here. With respect to the BMA, they do on sites for financial institutions . This is simply a bigger onsite. It is an onsite by the OECD, looking at member countries, and the FATF onsite, which will happen next year. They look to make sure that your legislative framework is in co mpliance with the international standards. And the whole purpose of the onsite is to make sure, as these
Bermuda House of Assembly international standards evolve, that you are up to date with it. So Honourable Members perhaps were not paying as much attention. But we have had a series of these particular types of legislative amendments over the last couple of years to address exactly that. This particular deficiency, or gap, was identified by the OECD in December. And I have to say that everybody from the BMA to the Ministry of Economic Develop-ment, the Registrar of Companies, the Ministry of F inance, moved very quickly to understand that this was a gap, and the Attorney General Chambers, of course, as well. So, how do you rectify this gap so that it is in keeping with both the LLC legislation and the Companies Act, as well? So, th ere is nothing here which is, should we say, inappropriate. We are simply doing what we have been doing over the last few years, and the former Government did as well —addressing required changes that have been identified by these super - regulators, the OECD and the FATF. So, there is no violation of treaties involved here. And frankly, I was rather surprised at the (I will just say) self - righteousness of the Opposition Leader, having been part of a Government that had brought in, under the cover of darkness, four Uighurs, in the middle of the night —
Some Hon. Members Some Hon. MembersOh! Ooh!
The Hon. Dr. E. Grant Gibbons—trampling all over, all over obligations. Hon. E. David Burt: Point of order, point of order, point of order!
The Deputy SpeakerDeputy SpeakerThank you, Member. Have a seat. Hon. E. David Burt: Point of order!
The Deputy SpeakerDeputy SpeakerThe Chair recognises the O pposition Leader. Hon. E. David Burt: Though I recognise the stretch the Minister of Economic Development and recogni sing that his Government is under extreme pressure due to international treaty violations, I would just r emind the Honourable Member that you have to be a …
The Chair recognises the O pposition Leader.
Hon. E. David Burt: Though I recognise the stretch the Minister of Economic Development and recogni sing that his Government is under extreme pressure due to international treaty violations, I would just r emind the Honourable Member that you have to be a Cabinet Member to be a Member of the Government or a member of an appointed position, of which I was neither at that time. Thank you.
The Dep uty Speaker: Thank you, Member.
An Hon. Member An Hon. MemberHa, ha, ha. Right.
The Deputy SpeakerDeputy SpeakerThe Chair recognises the Mi nister. [Inaudible interjections]
The Hon. Dr. E. Grant GibbonsThank you, Madam Deputy Speaker. I think I made my point. What goes around sometimes comes around. [Inaudible interjections]
The Deputy SpeakerDeputy SpeakerI would like to be able to hear the Member who is speaking, please. [Inaudible interjections]
The Hon. Dr. E. Grant GibbonsMadam Deputy Spea ker, may I say that you are very liberal in terms of allowing wide range to this particular debate. But I think it is important, when Honourable Members take an opportunistic opportunity, that they be reined back into the nature of what is before us today. So …
Madam Deputy Spea ker, may I say that you are very liberal in terms of allowing wide range to this particular debate. But I think it is important, when Honourable Members take an opportunistic opportunity, that they be reined back into the nature of what is before us today. So I think the other issue that the Honourable Member from constituency 6 raised was the issue of, if a company is dissolved or struck off, if there are debts or obligations of that sort, are those removed as well? And I think the Honourable Member will know that those exist up to 20 years in a company which has been struck off the register. I think it is 10 for one that has been dissolved. Those debts and obligations still remain in place against the directors and others. So, this is a very, very narrow fix to try and address an issue which was raised as a consequence of an actual example. It originally came to light last year, and now we are moving very quickly to try and address this particular issue. I think it is also important to recognise that the law had allowed, in a struck -off or dissolved company—had allowed those documents to be destroyed. And most of that was done through a court order when the liquidator applied to the court. So there was nothing illegal here. It was simply custom and prac-tice. But I think now we are moving to change that and recognise that not only do we have to make sure, as we do through numerous pieces of legislation for ac-tive companies —and that includes the Companies Act, Limited Liabilities Act, Proceeds of Crime, I nvestment Business Regulations, Insurance Act —all of those require an active company to keep records for a particular period of time. The last thing I want to address, and when we get into Committee, Madam Deputy Speaker, I will clarify this through an amendment. But there was some discussion, and it went back and forth as to whether there should be a requirement for six years or five years. We have six years as the retention in the Bill. OECD and FATF only require five years. Other provisions in legislation, some of them require six, some of them require five. But on the balance of dis-cussion here, we are going to go back to five. So that will be a couple of amendments to change a six -year 670 17 February 2017 Official Hansard Report
Bermuda House of Assembly retention to a five- year retention, which is very much in compliance with what we have been asked to do. I think, Madam Deputy Speaker, those are the points that I wanted to make. Thank you.
The Deputy SpeakerDeputy SpeakerThank you, Members. We will now move to Committee. I will call on the Member from constituency 20 to take the Chair in Committee. [Pause] House in Committee at 12:24 pm [Ms. Susan E. Jackson, Chairman] COMMITTEE ON BILL COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT 2017
The ChairmanChairmanGood morning, Honourable Members. We are now in Committee of the whole House for further consideration of the Bill entitled Companies and Limited Liability Company Amendment Act 2017. I call on the Minister in charge to proceed. Minister, you have the floor.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. C an we just pause for a second? I just want to check something.
The Hon. Dr. E. Grant GibbonsI can do clause 1, and then we can deal with that and then go to clause 2. [I see] the Clerk is nodding yes.
The ChairmanChairmanOne question. Would anyone like to speak to the clauses before the amendments?
The Hon. Dr. E. Grant GibbonsWell, I am going to speak to the clauses anyway. So we are just dealing with how many I am moving right now.
The ChairmanChairmanAll right. [Inaudible interjection]
The Hon. Dr. E. Grant GibbonsActually, the Premier is suggesting, since it is 12:30 (or close to 12:30), that we simply go to lunch and start up at that point. Would that work for you?
The ChairmanChairmanYes. Yes. Premier, would you like to take the floor? Hon. Michael H. Dunkley: Yes, Madam Chairman. I move that we adjourn for lunch.
The ChairmanChairmanAll right. We are adjourned for lunch. We will return at two o’clock. [Gavel] Proceedings suspended at 12:26 pm Proceedings resumed at ____ [Mrs. Suzann Roberts -Holshouser, Chairman] COMMITTEE ON BILL [Continued] COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT 2017 [AUDIO STARTS WHILE AFTERNOON SESSION IS ALREADY IN PROGRESS]
The ChairmanChairmanWe are going to approve clause 1, first. So it has been —
The ChairmanChairman—moved that clause 1 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 1 passed as printed]
The Hon. Dr. E. Grant GibbonsWhat I was going to suggest was that I move clause 2. There is an amendment which I can speak to, but perhaps I should just go through the contents of clause 2 first so Members have an understanding of why the amend-ment —
The ChairmanChairmanWhy you are making the changes?
The ChairmanChairmanAre there any objections to that pr oposal? There are no objections. Bermuda House of Assembly Then we will go that route. —
The Hon. Dr. E. Grant GibbonsYes, exactly. So, c lause 2 amends the Companies Act [1981] to clarify the record retention requirements for Bermuda companies following dissolution or strike- off. Subsection (1) amends the definition of “book and paper” to include “records of account”; subsection (2) is actually one of the clauses that will be …
Yes, exactly. So, c lause 2 amends the Companies Act [1981] to clarify the record retention requirements for Bermuda companies following dissolution or strike- off. Subsection (1) amends the definition of “book and paper” to include “records of account”; subsection (2) is actually one of the clauses that will be amended (and I will speak to that in a minute) , but that simply changes the five- year retention existing in the Companies Act substituting the word “six ,” but we are going to eliminate that clause entirely because we want to stick with five. Subsection (3) inserts a new section 254A, which will apply in relation to the retention r equirements which are being added to sections 255 and 261 of the Companies Act. This new section provides au-thority to r etain the books and papers of the company for the li quidator either in hard copy or in electronic form su bject to certain restrictions. It also sets forth the guidance as to the responsibilities of a com pany or liquidator in relation to maintenance, availability for inspection and authent ication or verif ication of books and papers kept in elec tronic form. It sets forth a default penalty and it provides authority to make regula-tions for the purpos es of the section. Subsection (4) amends section 255 of the Companies Act to require the liquidator to main tain specified records in circumstances where a com pany has been wound up and is about to be di ssolved. Specifically, a new subsection (A1) is being inserted with the following requirements: firs tly, the records of account shall be kept for , it says here six but we are going to move to five years from the end of the period to which they relate. It sets out that the books and pa pers of the liquidator shall be kept , it says six but we are going to go back to five, after di ssolution of the relevant company, and where applic able, the records specified under regulation 15 of the Proceeds of Crime (Anti -Money Lau ndering and Ant iTerrorist Financing) Regulations of 2008 which are in existence at the commencement of the winding up of the com pany, shall be kept for the period spec ified in that re gulation. Subsection (4) makes further amendments to section 255 which include, firstly, a restriction of the disposal of certain records or books and papers of the company or of the liquidators prior to the expiration of the applicable retention period under subsection (1) and new subsection (6) is inserted to impose a penalty for noncompliance with subsection (A1). Subsection (5) amends section 260(1)(b) of the Companies Act to increase the reten tion period from two years to . . . it says six but we are going to go with five in consequence of the new record retention r equirements . Subsection (6) amends section 261 of the Companies Act to provide for record r etention in ci rcumstances where a company has been struck off the Bermuda register. The amend ments are as fol lows: Firstly, a new paragraph (aa) to subsection (5) to pr ovide for continuity of the retention requirement. Secondly, a new subsection (5A) is inserted to impose upon the directors and officers of the company the same —it says six but we are going to go with five — year retention requirement that is being added to sec-tion 255 for records of account and where applicable records specified under regulation 15 of the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financ ing) Regulations 2008. And, third, a new su bsection (5B) is inserted to impose a penalty for non-compliance with subsection (5A). Subsection (7) amends section 288(1) of the Compa nies Act to clarify that the powers of the Chief Justice to make rules of the court includes matters relating to the retention of rec ords in electron ic form.
AMENDMENT TO CL AUSE 2
The Hon. Dr. E. Grant GibbonsSo, that is essentia lly the background to clause 2. Now with respect to the amendments, I have handed these out and, frankly, what the amendments speak to is an issue that I mentioned when we were in the whole House . . . the Bill before us provides a …
So, that is essentia lly the background to clause 2. Now with respect to the amendments, I have handed these out and, frankly, what the amendments speak to is an issue that I mentioned when we were in the whole House . . . the Bill before us provides a six - year retention period. There were arguments on both sides of whether it should be five or six years. In some of the existing legislation it is five and some it is six. But after some debate, we would like to stick with five years. So clause 2 is amended in a series of sections here to simply stick with five years and I can read those out, but I think that is the gist of it. For example, subsection (2) of clause 2, it says “ Section 83(5) of the Companies Act is amended by deleting the word “five” and substituting the word “six.” We are going to eliminate that entirely because we want to stay with five years. And the rest of it sim ply replaces the word “six” in each of the sections which it appears with the word “five.”
The ChairmanChairmanI think if there are any questions, they can be asked. Thank you. 672 17 February 2017 Official Hansard Report Bermuda House of Assembly Are there any Members that would like to speak to— The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: No, I was just …
The ChairmanChairmanThe Speaker is back in— Hon. Wayne L. Furbert: I see Mr. Speaker is back there.
The ChairmanChairmanYes, that is correct. Hon. Wayne L. Furbert: That is why I got confused.
The ChairmanChairmanThat is okay. I understand. Hon. Wayne L. Furbert: I do not know why he dropped down a level. [Laughter]
The ChairmanChairmanThe Speaker is back in. Hon. Wayne L. Furbert: I heard the Minister talking about five or six and he said there were arguments on both sides. Can you kind of give an idea . . . what were the type of arguments that would be put forward now to …
The Speaker is back in.
Hon. Wayne L. Furbert: I heard the Minister talking about five or six and he said there were arguments on both sides. Can you kind of give an idea . . . what were the type of arguments that would be put forward now to convince us why it should go back to five? What types of arguments were being put forward?
The ChairmanChairmanThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThe answer is very simple. In some parts of the legislation, six years . . . and I cannot remember exactly where it is, but what we have before us today is correcting a gap which has been pointed out by the Organisation for Economic Co-operation and Development (OECD) and …
The answer is very simple. In some parts of the legislation, six years . . . and I cannot remember exactly where it is, but what we have before us today is correcting a gap which has been pointed out by the Organisation for Economic Co-operation and Development (OECD) and their r equirements are five years. So we are simply going to go with five years to make it simple. And that is the explanation.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 2? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I am not sure it is simple, but basically what it is saying is that he is just meeting the norm, to me. …
Thank you. Are there any other Members that would like to speak to clause 2? The Chair recognises the Member from constituency 6. Hon. Wayne L. Furbert: I am not sure it is simple, but basically what it is saying is that he is just meeting the norm, to me. The argument is the same as OECD. He is talking about five years. It is not a simple . . . it is just the norm that is required by them. That is all. S o I accept that.
The ChairmanChairmanThank you, Member. Are there are any other Members that would like to speak to clause 2? There are no Members. Minister, if you would move that clause 2.
The ChairmanChairmanIt has been moved that clause 2 be approved as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 2 passed as amended. ]
The Hon. Dr. E. Grant GibbonsOkay, and with your indulgence we will do the same thing we did before. I will go through the various parts of clause 3, explain those and then we will come back to the amendment at the end which are almost parallel and identical to the ones we are making …
The ChairmanChairmanAre there any objections? There are no objections. Please proceed.
The Hon. Dr. E. Grant GibbonsThank you. Clause 3 amends the Limited Liability Company Act —so we have moved from the Companies Act, now we are amending the Limited Liability Company Act —of 2016 to clarify the record retention r equirements for Bermuda’s LLCs after dissolution or strike off. The LLC Act is modelled on …
Thank you. Clause 3 amends the Limited Liability Company Act —so we have moved from the Companies Act, now we are amending the Limited Liability Company Act —of 2016 to clarify the record retention r equirements for Bermuda’s LLCs after dissolution or strike off. The LLC Act is modelled on the Companies Act 1981, therefore, the proposed amendments to the LLC Act generally mirror the changes made to the Companies Act with exception of numbering. Subsection (1) amends section 2 to insert definitions of “book and paper” and “electronic record.” In [subsection] (2) we are g oing to amend and take out for that changing of five year to a six year which we are going to go back to five. Subsection (3) inserts a new section 203A, which will apply in relation to the retention r equirements which are being added to sections 204 and 210 of the LLC Act. This new section authorises an LLC or a liquid ator to retain records and books and papers
Bermuda House of Assembly either in hard copy or in electronic form subject to certain r estrictions . Subsection (4) amends section 204 as follows: Firstly, to provide for the retention of rec ords of accounts, books and papers of the liquid ator and ot her specified records in circu mstances where an LLC has been wound up and is about to be dissolved ; secondly, to add further clarity and consistency in rel ation to the new retention guidelines. Subsection (5) amends section 209(1)(b) in consequence of the new five- year reten tion period . Subsection (6) amends section 210 to pr ovide for retention of specified records in circumstances where an LLC has been struck off the Bermuda regi ster. Subsection (7) amends section 256(1) to include matters relating to the retention of records in electronic f orm.
AMENDMENT TO CLAUSE 3
The Hon. Dr. E. Grant GibbonsThat brings me up to the end of clause 3 and, obviously, the amendments are going to, as we said, mirror those in the Companies Act, so we are going to delete subsection (2) and we are going to delete the word “six” wherever it appears and substitute the word …
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 3? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Yes, thank you, Madam Chairman. I would like to ask the Minister in clause 3(3), [where] it says such books and …
Thank you. Are there any other Members that would like to speak to clause 3? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: Yes, thank you, Madam Chairman. I would like to ask the Minister in clause 3(3), [where] it says such books and papers are kept by the limited liability company [and] by th e liquida tors . . . where are these books going to be kept and who is going to pay for the keeping of these books and records? That is one question and I will sit.
The ChairmanChairmanThank you, Member. The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsI guess the simple answer is they have to be kept in a place where they are available for inspection should a request along those lines come down. So they can be kept in stor-age, they can be kept in the offices of the Limited Li ability Company (if they …
I guess the simple answer is they have to be kept in a place where they are available for inspection should a request along those lines come down. So they can be kept in stor-age, they can be kept in the offices of the Limited Li ability Company (if they still have offices of any sort). Obviously, if they have been dissolved or struck off they may not retain offices and the liquidator clearly would have offices or capability of storing documents. You do raise a point which obviously is important here, and that is when we put this in at the request of the OECD, it is going to require additional storage and it is going to require these documents to be kept. Often, in the past they were kept; but what we are trying to close is that gap where they have been destroyed by court order or simply destroyed by the company —which they were allowed to do under the existing provisions of the LLC Act or the Compa-nies Act.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the Bill ? The Chair recognises the Member from constituency 29. Hon. Zane J. S. De Silva: That is a sort of half -baked answer, Madam Chairman, because if you have a company that is a huge company …
Thank you. Are there any Members that would like to speak to the Bill ? The Chair recognises the Member from constituency 29.
Hon. Zane J. S. De Silva: That is a sort of half -baked answer, Madam Chairman, because if you have a company that is a huge company . . . I mean, suppose Colonial Insurance were to go under. I mean, they have got records, I am sure, that could fill this room. So who is going to be liable for the storage and upkeep of these records? Especially if you are taking about for six years. Now, the Honourable Member, I think, Mr. Cole Simons, whispered across to his friend they would keep them in the storage area. Well, who is going to pay for that storage area? That is the question—who is going to pay for it? —because it could be a significant amount of paperwork. Quite frankly, quite frankly, Madam Chairm an, you wonder why we are even here wasting the par-liamentarians’ time, the folks that are working in the department . . . to me this whole thing is a waste of time. And do you know why? There is a $500 fine for noncompliance—$500! You know what? If my com-pany is struck off the record, I would just take the books, take them down to the dump, burn them up, whatever, blah, blah, blah . . . Okay, you give me a fine for $500. Whoop- dee-doo! I mean, really? To me, you know, that is no discouragement to, you know . . .
The ChairmanChairmanThank you, Member. Are there any other Members that would like to speak to clause 3? The Chair recognises the Minister.
The Hon. Dr. E. Grant GibbonsThank you. Thank you, Madam Chairman. In answer to the Honourable Member ’s firs t question about wasting time . . . sorry, let me move on from that because, clearly, we all wonder whether we are doing that sometimes. In answer to the first question, clearly, clearly this provision …
Thank you. Thank you, Madam Chairman. In answer to the Honourable Member ’s firs t question about wasting time . . . sorry, let me move on from that because, clearly, we all wonder whether we are doing that sometimes. In answer to the first question, clearly, clearly this provision in the LLC Act (we have just dealt with exactly the same provision in the Companies Act) will require the liquidator or the company to understand that they are going to have responsibility here. So they will have to work that into the liquidation expens-es or costs. But at the end of the day it is either goi ng to come back to the liquidator or it is going to come back to the officers and directors of that particular 674 17 February 2017 Official Hansard Report
Bermuda House of Assembly company prior to its being dissolved or struck off. So they will be responsible for that by law. In relation to the fine, the fine here would be a default fine and it simply mirrors the fines for not keeping records which are in other areas of the Act such as section 83 where it is a $500 fine. In the event it is done purposely, in that section there is a $7,500 fine. But I think the issue here is . . . it is a little more co mplicated in the sense that a liquidator is not going to want to ruin their reputation by not following the law. And I think usually directors and others will recognise that if they have a sanction against them —
[Inaudible int erjection]
The ChairmanChairmanMember, can you just keep talking to the Chairman, please.
The Hon. Dr. E. Grant GibbonsYes, I think the i ssue is there are clearly reputational issues here. If you are found guilty of an offence, and if you are a director or officer going forward in other arrangements then that is going to come back to haunt you—particularly if you are involved with a …
Yes, I think the i ssue is there are clearly reputational issues here. If you are found guilty of an offence, and if you are a director or officer going forward in other arrangements then that is going to come back to haunt you—particularly if you are involved with a regulated entity. I think the issue is the fine is . . . it parallels that in other sections of the Companies Act in terms of what is called a “default fine.” If you are an active company and you do not keep records then the same thing applies basically. It is $500, unless it is shown to be a matter of intent or wilful that you are destroying records.
The ChairmanChairmanThank you. Are there any other Members that would like to speak to clause 3? There are no other Members. If you would move clause 3, please.
The ChairmanChairmanIt has been moved that clause 3 be approved as amended. Any objections to that motion? No objection. Agreed to. [Gavel] [Motion carried: Clause 3 passed as amended. ]
The ChairmanChairmanMinister, if you would proceed.
The ChairmanChairmanIt has been proposed to move clause 4. Any objections to that motion? N o objections. Agreed to. AMENDMENT TO CLAUSE 4
The Hon. Dr. E. Grant GibbonsAs Honourable Member s will see, I have my final amendment, which is for clause 4, and that is to simply to delete clause 4 because clause 4 is amending a regulation 15(3) in the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations by deleting the word “five” and …
As Honourable Member s will see, I have my final amendment, which is for clause 4, and that is to simply to delete clause 4 because clause 4 is amending a regulation 15(3) in the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations by deleting the word “five” and s ubstitut ing “six” so we no longer need this clause since we are sticking with five years.
The ChairmanChairmanThank you. Are there any Members that would like to speak to the amendment to clause 4—to remove clause 4 from the Bill? There are no Members that would like to speak to that. If you would move it, please.
The ChairmanChairmanIt has been moved that clause 4 be approved as amended. No objections to that motion. Agreed to. [Gavel] [Motion carried: Amendment to c lause 4 passed. ]
The ChairmanChairmanIt has been proposed that we move clauses 5 through 7. Any objections to that motion? No objections. Agreed to.
The Hon. Dr. E. Grant GibbonsThank you, Madam Chairman. Clause 5 relates to transitional mat ters. It provides that the provisions of this amending Act will not apply to any record or books and papers with respect to which the applicable retention period under the Companies Act, LLC Act, or the Proceeds of Crime (Anti-Money …
Thank you, Madam Chairman. Clause 5 relates to transitional mat ters. It provides that the provisions of this amending Act will not apply to any record or books and papers with respect to which the applicable retention period under the Companies Act, LLC Act, or the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations has expired prior to commencement of this Act. Clause 6 provides authority for the Minister responsible for companies to make consequential amendments to any law passed before this Act or any instrument made before the passing of this Act. Clause 7 is simply t he commencement clause and provides for the commencement of this Act by notice in the Gazette to appoint and. . . sorry . . . may
Bermuda House of Assembly appoint or may prescribe different days for the coming into operation of the various provisions of this Act. Thank you, Madam Chairman.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 5 through 7? There are no Members. Minister.
The ChairmanChairmanIt has been moved that clauses 5 through 7 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 5 through 7 passed as printed.]
The ChairmanChairmanIt has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Companies and Limited Liability Company Amendment Act 2017 was considered by a Committee of the whole House and passed with amendments. ] House …
It has been moved that the Bill be reported to the House as amended. Any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: The Companies and Limited Liability Company Amendment Act 2017 was considered by a Committee of the whole House and passed with amendments. ]
House resumed at 2:20 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
COMPANIES AND LIMI TED LIABILITY COMPANY AMENDMENT ACT 2017
The SpeakerThe SpeakerGood afternoon, Honourable Member s. We have had the second reading of the Companies and Limited Liability Company Amendment Act 2017 approved with amendments. Any objections to that? Then we move on to the next order of the day, the Proceeds of Crime Amendment Act 2017 in the name of …
Good afternoon, Honourable Member s. We have had the second reading of the Companies and Limited Liability Company Amendment Act 2017 approved with amendments. Any objections to that? Then we move on to the next order of the day, the Proceeds of Crime Amendment Act 2017 in the name of the Attorney General. Hon. Trevor G. Moniz: Thank you, Mr. Speaker . I move that the Bill entitled the Proceeds of Crime Amendment Act 2017 be now read the second time.
The SpeakerThe SpeakerAre there any objections to that? Please carry on, Attorney General. BILL SECOND READING PROCEEDS OF CRIME AMENDMENT ACT 2017 Hon. Trevor G. Moniz: I am obliged, Mr. Speaker . Mr. Speaker, I have shared a copy of the brief with the Shadow Attorney General. Mr. Speaker, I am pleased …
Are there any objections to that? Please carry on, Attorney General.
BILL
SECOND READING
PROCEEDS OF CRIME AMENDMENT ACT 2017
Hon. Trevor G. Moniz: I am obliged, Mr. Speaker . Mr. Speaker, I have shared a copy of the brief with the Shadow Attorney General. Mr. Speaker, I am pleased to introduce to this Honourable House the Proceeds of Crime Amendment Act 2017 to address matters pertinent to Berm uda’s compliance with international standards and the credibility of Bermuda’s regulatory practices. The Bill amends some of Bermuda’s anti -money laundering and anti -terrorist financing laws. Mr. Speaker, as part of its ongoing efforts to strengthen regulatory practices and improve the regulatory framework for financial institutions, the Bermuda Monetary Authority undertook a number of initiatives during 2016 including an assessment of AML/ATF risk in the insurance sector, revision of the AML/ATF gui dance notes, and continued outreach to the financia l sector. Rising from these activities, a number of mat-ters were identified as requiring legislative intervention and were discussed with international anti- money laundering committee for that purpose. Therefore, these amendments seek to ensure better compliance with specific technical requirements of the Financial Action Taskforce’s international standards on combatting money laundering and f inancing of terrorism and proliferation, and also to remedy a few inconsistencies across various AML/ATF legislatio n that came about from various amendments that took place since 2013. Mr. Speaker, the legislation being amended here: the Proceeds of Crime Act 1997; the Anti - Terrorism (Financial and Other Measures) Act 2004; the Proceeds of Crime (Anti -Money Laundering and Anti-Terrorist Financing Supervision and Enforc ement) Act 2008; and the Proceeds of Crime (Anti - 676 17 February 2017 Official Hansard Report
Bermuda House of Assembly Money Laundering and Anti- Terrorist Financing) Re gulations 2008. Correspondingly, Mr. Speaker, these amendments will: 1. Amend relevant AML/ATF legislation to now include all insurance managers within the scope of these laws to more adequately reflect the Financial Action Task Force’s (FATF) requirement for AML/ATF supervision of institutions and persons that provide certain types of services in the application of AML/ATF preventive measures by these institutions and persons. This will be achieved by updating the description of insurance managers within the existing definition of AML/ATF regulated financial institution contained in the relevant legislatio n. 2. More carefully align Bermuda’s suspicious activity reporting (the SARs reporting) requirements with the requirements contained in recommendation 20 in the FATF’s standards. 3. Update the wire transfer rules on domestic transfers to ensure that they fully adhere to the r equirements laid down in FATF’s recommendation 16. 4. Address an existing anomaly in the defin ition of AML/ATF regulated financial institution across the various AML/ATF legislation by including corporate service providers (CSPs) in that definition wherever it is currently absent and ensuring consistency across all the legislation and the details of the descri ption of corporate service providers. 5. Rectify other inconsistencies in the AML/ATF legislation, namely: a) ensure that the tipping off provisions and the Anti -Terrorism (Financial and Other Measures) Act 2004 mirror those in the Proceeds of Crime Act [1997] ; b) in the Proceeds of Crime (Anti -Money Laundering and Anti -Terrorist Financing Supervision and Enforcement) Act 2008 i ncorporate the definition of terrorist financing that is already included in the other AML/ATF legislation. Mr. Speaker, this Bill is pertinent to Bermuda’s compliance with international standards and the credibility of Bermuda’s regulatory practices. These amendments will further progress the continued ef-forts to address specific technical requirements of the FATF’s international standards as well as fix some inconsistencies in the relevant legislation. Bermuda remains committed to working to achieve full compl iance with the international standards. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Attorney General. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker, the Opposition are happy to support and have no objections to …
Thank you, Attorney General. Any other Honourable Member care to speak? The Chair will recognise the Learned Member from constituency 36, MP Michael Scott. You have the floor. Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker, the Opposition are happy to support and have no objections to the energies and efforts that have been continuing to make us compl iant with the respective and specific recommendations of FATF. Today we have it indicated to us by the Learned Attorney General that it is recommendations 16 and 20 which are at play, amongst others, and we continue to support this process which we know is a moving landscape as we seek to get ourselves in a position to have, for example, corporate service pr oviders be compliant, have the country’s practitioners in this area . . . ensure that our reputational risks are kept to a minimum. I thank the Shadow [sic] Attorney General for his full explanation of thes e—
An Hon. Member An Hon. MemberAttorney General. Hon. Michael J. Scott :—changes that are being made to, again, refine and improve our position with respect to proceeds of crime going forward. With those remarks, Mr. Speaker, we support the Proceeds of Crime Amendment Act 2017. Thank you.
The SpeakerThe SpeakerThank you very much. Any other Honourable Members care to speak? Hon. Trevor G. Moniz: Thank you, Mr. Speaker —
The SpeakerThe SpeakerThere are no other Members, so, Attorney General, if you would please wrap up. Hon. Trevor G. Moniz: I move that the Bill be commi tted.
The SpeakerThe SpeakerThank you. The Attorney General has moved that the Bill be committed. Any objections to that? There are none. I would like the Deputy [Speaker], if you would please take the Chair. . . House in Committee at 2:28 pm [Mrs. Suzann Roberts -Holsho user, Chairman] COMMITTEE ON BILL PROCEEDS …
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled Proceeds of Crime Amendment Act 2017. I call on the Attorney General in charge to proceed. Attorney General you have the floor. Hon. Trevor G. Moniz: Thank you, Madam Chairman. I will move …
Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Proceeds of Crime Amendment Act 2017. I call on the Attorney General in charge to proceed. Attorney General you have the floor. Hon. Trevor G. Moniz: Thank you, Madam Chairman. I will move all the clauses, 1 through 6.
Bermuda House of Assembly The Chairman: It has been proposed that all clauses (1 through 6) be moved. Are there any objections? No, there are no objections. Please proceed.
Hon. Trevor G. Moniz: I am obliged, Madam Chai rman. Clause 1 is the citation. Clause 2 amends the Proceeds of Crime Act 1997 in sections 36.I X(1)(a)(i) and (b)(i); 42(1), 46(2)(a); 42A(1), 42(1)(d); 46(A1), 46(2)(a); 47(1)(a) and 47(2)(a), and 47(4), by adding the variable of “reasonableness” as a prerequisite for determining a person’s culpability under the respective sections of the Act. In section 42A(1)(d) by repealing and subst ituting the words “in so far as he acts as a manager or” with the words “, but in relation to an insurance broker, only in so far as he acts as a”, this thereby incorporates all insurance managers within scope of the AML/ATF laws. This amendment does not affect the scope of the insurance broker as described in par agraph (d) . And in section 42A(1) by adding paragraph (fa), thereby broadening the definition of “AML/ATF regulated financial institution” to include institutions that carry on corporate service provider business wit hin the meaning of section 2(2) of the Corporate Service Provider Business Act 2012. Clause 3 amends the Anti -Terrorism (Fina ncial and Other Measures) Act 2004 in section 2(1)(d) by repealing and substituting the words “in so far as he acts as a manager or” with the words “, but in rel ation to an insurance broker, only in so far as he acts as a ”, thereby removing the anomalies existing in this Act, in relation to their interplay between this Act and the Proceeds of Crime (Anti -Money Laundering and Anti-Terrorist Financing) Regulations 2008, and the Proceeds of Crime Act 1997. In reference to corporate service providers , this amendment does not affect the scope of the broker as described in paragraph (d). In section 2(i), by repealing and substituting section ref-erence “8” with the additional references “2(2)”; in se ctions 9(1)(a), 9(3)(a), 10A(1)(a), (2)(a) and (4), by ad ding the variable of “reasonableness” as a prerequisite for determining a person’s culpability under the r espective sections of the Act; and in section 10A, by adding subsections (5) to (7), thereby allowing section 10A to mirror the tipping- off provisions found within section 47(5), (6), and (7) of the Proceeds of Crime Act 1997; and in schedule 1, in part 1, in paragraph 1(2) by repealing and substituting the words “or suspects” with the words “, suspects or has reasonable grounds to suspect”. Clause 5 amends the Proceeds of Crime (A nti-Money Laundering and Anti -Terrorist Financing) Regulations 2008 in regulation 2(2)(d) by deleting and substituting the words “in so far as he acts as a man-ager or” with the words “, but in relation to an insurance broker, only in so far as he acts as a”, thereby incorporating all insurance managers within the scope of the AML/ATF laws. This amendment does not af-fect the scope of the broker as described in paragraph (d). In regulation 2(2)(i) by deleting and substituting section reference “4” with the section reference “2(2)”; amending regulation 24, by deleting and substituting paragraph (2) with new paragraphs (2) to (4), thereby allowing information accompanying a wire transfer made in Bermuda to be made available to a regulated financial institution and to appropriate authorities, by other means provided the number or identifier will permit the transfer to be traced back to the originator or payee’s PSP; and i n regulations 16(2)(d)(i) and 17(1)(d), adding after the word “suspects” the words “or has reasonable ground to suspect”, thereby adding the variable of “reasonableness” as a prerequisite for determining a person’s culpability under the respective regulations in the Regulations. Clause 6 is the commencement provision.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 6? There are no Members that would like to speak to clauses 1 through 6. The Chair recognises the Attorney General. Hon. Trevor G. Moniz : Then should I move the Pr eamble? The Chairman: …
Thank you. Are there any Members that would like to speak to clauses 1 through 6? There are no Members that would like to speak to clauses 1 through 6. The Chair recognises the Attorney General. Hon. Trevor G. Moniz : Then should I move the Pr eamble? The Chairman: You were going to move the— Hon. Trevor G. Moniz: Move the clauses 1 through 6?
The ChairmanChairmanYes, we are going to move clauses 1 to 6. Are there any objections to the moving of clauses 1 through 6 as printed? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 through 6 passed.] Hon. Trevor G. Moniz: Thank you. Madam Chairman, I move the preamble. Th e …
Yes, we are going to move clauses 1 to 6. Are there any objections to the moving of clauses 1 through 6 as printed? No objections. Agreed to.
[Gavel]
[Motion carried: Clauses 1 through 6 passed.]
Hon. Trevor G. Moniz: Thank you. Madam Chairman, I move the preamble. Th e Chairman: It has been moved that the preamble be approved as printed. Any objections to that m otion? No objections. Agreed to. [Gav el]
Hon. Trevor G. Moniz: Thank you, Madam Chairman. 678 17 February 2017 Official Hansard Report
Bermuda House of Assembly I move that the Bill be reported to the House as printed.
The ChairmanChairmanIt has been moved that the Bill be reported to the House as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: The Proceeds of Crime Amendment Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 2:36 …
It has been moved that the Bill be reported to the House as printed. Any objections to that motion? No objections. Agreed to.
[Gavel]
[Motion carried: The Proceeds of Crime Amendment Act 2017 was considered by a Committee of the whole House and passed without amendment.] House resumed at 2:36 pm [Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
PROCEEDS OF CRIME AMENDMENT ACT 2017
The SpeakerThe SpeakerHonourable Members, the second reading of the Proceeds of Crime Amendment Act 2017 has been approved. We move now to the Second Reading of the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 in the name of the Minister of Finance. Minister E. T. Richards, you have …
Honourable Members, the second reading of the Proceeds of Crime Amendment Act 2017 has been approved. We move now to the Second Reading of the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 in the name of the Minister of Finance. Minister E. T. Richards, you have the [floor] .
BILL
SECOND READING
INTERNATIONA L COOPERATION (TAX INFORMATION EXCHANGE AGREEMENTS) AMEN DMENT (NO. 2) ACT 2017
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I move that the Bill entitled the International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 be now read a second time.
The SpeakerThe SpeakerThank you. Any objections? Please carry on, Minister. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I will begin by clarifying that Bermuda is currently undergoing four —not one, but four—OECD assessments for exchange of tax information, and they are as follows: OECD Assessment 1 : …
Thank you. Any objections? Please carry on, Minister.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. Speaker, I will begin by clarifying that Bermuda is currently undergoing four —not one, but four—OECD assessments for exchange of tax information, and they are as follows: OECD Assessment 1 : Mr. Speaker, the initial amendment Bills passed by this Honourable House on Friday the 3 rd of February 2013 are to facilitate Bermuda’s compliance with the internationally agreed tax standard for Tax Information Exchange Agreements (TIEAs) whereby the OECD assessors visited Berm uda in mid- December of last year to conduct an onsite assessment. OECD Assessment 2: Mr. Speaker, earlier in 2016, the OECD conducted a cybersecurity/data safeguards and confidentiality assessment of Berm uda’s laws and practises that are supposed to protect information Bermuda will collect from other countries’ citizens who reside in Bermuda or who do business in or from within Bermuda—information which Bermuda will share automatically with such persons’ home countries or countries in which such persons are liable to income tax. The assessment also assessed Bermuda’s ability to protect in the reverse direction infor-mation Bermuda could receive automatically from other countries. Although, because Bermuda has no income tax and thus no need for such information, no countries will send such information to Berm uda. Both constituents —that is, persons in Berm uda and Bermuda’s automatic exchange of information treaty partners —want to ensure Bermuda meets the data safeguards and confidentiality standard of the OECD automatic exchange of information regimes including with respect to the Bermuda Government’s cybersecurity practises. OECD countries want the assurance that their citizens residing in or carrying on business in or from within Bermuda have their infor-mation treated properly and safely by the Government of Bermuda during the holding and transmission of such information. The OECD is currently reviewing the answers Bermuda submitted in response to the OECD assessment questionnaire. OECD Assessment 3: Mr. Speaker, late in 2016, the OECD launched a legislative assessment of Bermuda’s laws that are meant to compel persons in Bermuda to file with the Bermuda Competent Author ity, the OECD’s version of US FATCA style information, part of the very information the Bermuda Competent Authority is obligated to keep safe and confidential per the OECD Assessment 2 that I just talked about. Such automatic exchange regime is r eferred to as the common reporting standard, or CRS, as it is known. OECD Assessment 2 is in respect of two automatic exchange information regimes: the CRS and another regime referred to as country by country reporting, or as the acronym is CBC, by large multi- national enterprises. However, OECD Asses sment 3 is concerned only with assessing Bermuda’s legislation meant to compel persons to comply with CRS r eporting. OECD Assessment 4: Mr. Speaker, in the first week of February of this year, the OECD launched a legislative assessment of Bermuda’s laws to compel persons in Bermuda to file with the Bermuda Compe-tent Authority the country by country income infor-mation of multi -national enterprises, or again, another acronym, Mr. Speaker, MNEs (multi -national enterprises) whose parents’ company is domiciled in BerBermuda House of Assembly muda. This is commonly referred to as the OECD automatic exchange of information regime for CBC information. The assessment of Bermuda’s legislative regime for CBC information will be similar in method-ology to the OECD assessment 3. Mr. Speaker, this Bill’s objective is to add amendments to the International Cooperation (Tax Information Exchange Agreements) Act 2005 to address Bermuda’s shortfalls under OECD Assessment 3, legislative compliance with CRS. With that, Mr. Speaker, I will address that we have at least a floor amendment, as you know, but we will address these particular clauses as we go into Committee. But at the moment, I would invite other Member’s to join in the debate. Thank you.
ANNOUNCEMENT BY SPEAKER
HOUSE VISITOR
The SpeakerThe SpeakerThank you very much. Just before we recognise the Leader of the Opposition, I just want to recognise that we have a former Attorney General and a former Senator, now the Director of Public Prosecutions, sitting in the Gal-lery. [Desk thumping] [Second Reading Debate on the International Cooperation (Tax Information …
The SpeakerThe SpeakerThe Chair will now recognise the Leader of the Opposition, MP David Burt. You have the floor. Hon. E. David Burt: Good afternoon, Mr. Speaker .
The SpeakerThe SpeakerGood afternoon. Hon. E. David Burt: Good to see you!
The SpeakerThe SpeakerGood to see you . It is good to be seen! Hon. E. David Burt: I am sure, indeed.
An Hon. Member An Hon. MemberAnd not viewed.
The SpeakerThe SpeakerAnd not viewed! [Laughter] Hon. E. David Burt: Mr. Speaker, I could say that I could stand here and almost give the same speech that the former Shadow Minister of Finance used to give, now the Shadow Minister of Finance [sic] , that we come here repeatedly with multiple changes …
And not viewed!
[Laughter]
Hon. E. David Burt: Mr. Speaker, I could say that I could stand here and almost give the same speech that the former Shadow Minister of Finance used to give, now the Shadow Minister of Finance [sic] , that we come here repeatedly with multiple changes and assessments and different upgrades and another hoop to jump through and something else to f ill and another “i” to dot and another “t” to cross and another assessment and more and more and more change. But as the Minister of Finance is clearly aware, and has said many times before, that is the nature of the world in which we live. And that is th e nature of the world in which we live if we want to r emain the jurisdiction of choice, if we want to retain the position of which we hold in the international business sector. I know that the Minister of Finance came to me and asked if we could do this Bill short because it is something that is needed and is urgent. And we have no objection, because I think one thing that we must all recognise throughout our history, at least in our recent history, is that when it comes to these types of items and ensuring that we keep up with the international trends and keep our regulations up and ensure that we have the best standards here, that parties have continued to work together on these partic ular items. And that is not going to stop today. The only thing that I will say, Mr. Speaker, and I will reflect on something of which I said earlier, and that is very simple. The fact is that we can have all the rules in the world and we can follow everything to a “T,” but if our administration of these rules is not just, if our administration of these rules is not correct, if our administration of these rules does not fall within the boundaries of which they should, and if we treat and take information that is obtained under these types of agreements which should be kept confidential and use it in a manner in which it is not supposed to be used, it calls into the very question of our administration here on this Island. I think that is something that is very important. It is a very important point and it is a very important principle because we could do years and years of work and in a single overzealous moment it could be destroyed. And once that is destroyed, it is difficult to get it back. So that is something that we have to make sure that we are very, very, very careful about, Mr. Speaker . But regarding this particular assessment, there is no objection from this side of the House. As I joked with the Minister of Finance earlier when he shared his brief with me, he shared his amendments, I said we do not write these things. And, you know, the BMA, the treaty unit, they send them over, they have their assessment, like these are the changes that need to be made, and we are like okay, sure. And then they come here and then we have the debate. But we understand what is necessary and required, because if we say no then there might be a few bus inesses that are not here anymore. And that is just the nature of the job we have. So this Bill will have the support from our side and we look forward to continuing to work not only with the Government but with our private sector and 680 17 February 2017 Official Hansard Report
Bermuda House of Assembly our regulators to do all we can to support and ensure that our standards are where they need to be to r emain the jurisdiction of choice. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you very much, Shadow F inance Minister. Any other Honourable Member s care to speak? The Chair will recognise the Minister for the Environment, Minister Cole Simons. Hon. N. H. Cole Simons: Thank you, Mr. Speaker . Mr. Speaker, as you know, I work in the banking industry. And …
Thank you very much, Shadow F inance Minister. Any other Honourable Member s care to speak? The Chair will recognise the Minister for the Environment, Minister Cole Simons.
Hon. N. H. Cole Simons: Thank you, Mr. Speaker . Mr. Speaker, as you know, I work in the banking industry. And this is the order of the day. As a j urisdiction, by implementing this legislation we will not put our jurisdiction at an advantage; we will be bas ically adhering to the global standards from a financial service point of view. In regard to common reporting standards, our clients, our banking clients, know that they have to be transparent in regard to their tax declarations. In fact, for the edification of the community and the Parli ament, when we accept a foreign client they have to provide us with a tax declaration stating where their tax residency is and where they currently live. And from that information we will determine what type of exchange structure we will use to make the infor-mation available to the home jurisdiction, if and when required. For instance, if a UK person comes to us and wants to open up an account, they have to fill out a tax declaration form that will confirm that they are a UK [citizen] and they will also fill out a CRS form that will pr ovide us with their tax ID number and it will authorise us as an institution to share that information with the tax authorities. I am saying this to let you know that this is a way of doing business now, and if a client is not pr epared to provide this information, that is a client that we are not going to do business with. So I think Bermuda is on the right track. We are only getting clients who are reputable and that will do our jurisdiction well. So to the Minister of Finance, keep on the right track. We are doing what other jurisdictions are doing if they are to remain in the financial service i ndustry. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member . Any other Members care to speak? The Chair will then recognise the Minister. Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . I thank Ho nourable Members for those r emarks. I was reminded, though, in the short time I have been Minister these …
Thank you, Honourable Member . Any other Members care to speak? The Chair will then recognise the Minister.
Hon. E. T. (Bob) Richards: Thank you, Mr. Speaker . I thank Ho nourable Members for those r emarks. I was reminded, though, in the short time I have been Minister these rules and requirements and standards have changed several times. That reminds me of the story I like to tell people when I am banging heads with them i n Europe about these things. B ecause one thing that you know, Mr. Speaker, is that the game of football is universal to every country in the world. So when I talk about football everybody understands. So the narrative goes like this: How did Pelé score all those goals? The answer is: They never move the goal post.
[Laughter] Hon. E. T. (Bob) Richards: So with those remarks, Mr. Speaker, I would like to move that we go into Committee.
The SpeakerThe SpeakerThank you. Thank you for that! Thank you for that one, H onourable Minister. I think that you moved that the Bill be commi tted, did you? Yes. Thank you. It has been moved that the Bill be committed. Any objections to that? There are none, so I would like …
Thank you. Thank you for that! Thank you for that one, H onourable Minister. I think that you moved that the Bill be commi tted, did you? Yes. Thank you. It has been moved that the Bill be committed. Any objections to that? There are none, so I would like for the Deputy to please take the Chair [of Committee].
House in Committee at 2:50 pm
COMMITTEE ON BILL [Mrs. Suzann Roberts -Holshouser, Chairman]
INTERNATIONAL COOPERATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT (NO. 2) ACT 2017
The ChairmanChairmanMembers, we are now in Committee of the whole [House] for further consideration of the Bill entitled International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017. I call on the Minister in charge to proceed. Minister. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. This Bill seeks …
Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017. I call on the Minister in charge to proceed. Minister. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. This Bill seeks to amend the International C ooperation (Tax Information Exchange Agreements) Act 2005 in order to confirm certain matters relating to Bermuda’s Tax Information Exchange regime. I would like to move clauses 1 and 2, please.
The ChairmanChairmanIt has been proposed that we move clauses 1 and 2. Any objections to that motion? No objections. Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 1 provides a short title to t he Bill. Clause 2 amends section 2 of the [principal] Act to provide …
It has been proposed that we move clauses 1 and 2. Any objections to that motion? No objections. Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 1 provides a short title to t he Bill. Clause 2 amends section 2 of the [principal] Act to provide additional definitions relating to the
Bermuda House of Assembly common reporting standard developed by the OECD, otherwise known as the CRS.
The ChairmanChairmanThank you. Are there any Members that would like to speak to clauses 1 through 2? Are there any Members that would like to speak to clauses 1 through 2? No? Minister. Hon. E. T. (Bob) Richards: So, Madam Chairman, I would like to move clauses 1 and 2, please.
The ChairmanChairmanIt has been moved that clauses 1 and 2 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 1 and 2 passed.]
The ChairmanChairmanPlease proceed. Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clause 3, and in clause 3 there is a floor amendment.
The ChairmanChairmanDoes everyone have a copy of the amendment? Yes? All right. Does anyone have objections to proceeding with clause 3? No objections. Agreed to. Please proceed. Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 3 inserts new subsections into section 4A of the Act to provide greater clarity …
Does everyone have a copy of the amendment? Yes? All right. Does anyone have objections to proceeding with clause 3? No objections. Agreed to. Please proceed.
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. Clause 3 inserts new subsections into section 4A of the Act to provide greater clarity with respect to automatic exchange of information pursuant to any agreement. The new subsections relate to automatic exchange of information under the common reporting standard. The new subsections are as follows: Subsection (1A) confirms that the CRS applies with respect to automatic exchange of information pursuant to the CRS. Subsection (1B) deals with compliance with the CRS and specifies some of the principal re quirements. Subsection (1C) relates to anti -avoidance — would you like me to . . . the floor amendment deals with subsection (1D).
The ChairmanChairmanNo, we can actually go through it —it will be up to Members. Members do we want to a ddress the amendment that is before us and deal with just (1B)? That is fine. AMENDMENT TO CLAUSE 3 Hon. E. T. (Bob) Richards: Thank you. The floor amendment for [subsection] …
No, we can actually go through it —it will be up to Members. Members do we want to a ddress the amendment that is before us and deal with just (1B)? That is fine.
AMENDMENT TO CLAUSE 3
Hon. E. T. (Bob) Richards: Thank you. The floor amendment for [subsection] (1D) is as follows: “(1D) a person who contravenes, or fails to comply with the provisions of subsection (1B) or (1C) commits an offence and shall be subject to such civil penalty as is prescribed.” That is [subsection] (1B) and those are all the subsections of clause 3, which I move.
The ChairmanChairmanAre there any Members that would like to speak to clause 3? Are there any Members that would like to speak to the amendment to clause 3? No . . . Minister, please proceed. Hon. E. T. (Bob) Richards: I would like to have clause 3 adopted please.
The ChairmanChairmanIt has been moved that clause 3 be approved as amended. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clause 3 passed as amended.] Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move the remaining clauses, clauses 4 through 7.
The ChairmanChairmanIt has been proposed that clauses 4 through 7 be moved. Are there any objections to that motion? None. Please proceed. Hon. E. T. (Bob) Richards: Clause 4 amends section 9 of the Act to provide an offence where persons provide false self -certification. Clause 5 amends section 12 of …
It has been proposed that clauses 4 through 7 be moved. Are there any objections to that motion? None. Please proceed.
Hon. E. T. (Bob) Richards: Clause 4 amends section 9 of the Act to provide an offence where persons provide false self -certification. Clause 5 amends section 12 of the Act to highlight the regulations which the Minister shall make. This provision does not narrow the wide regul ation-making power that is currently conferred on the Minister. Clause 6 empowers the Minister to provide guidelines for complying with the common reporting standard, or CRS. Clause 7 provides for commencement. And those are all the clauses, clauses 4 through 7.
The ChairmanChairmanT hank you, Minister. 682 17 February 2017 Official Hansard Report Bermuda House of Assembly Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Opposition Leader. You have the floor. Hon. E. David Burt: Thank you very much, Madam Chairman. Madam …
T hank you, Minister. 682 17 February 2017 Official Hansard Report
Bermuda House of Assembly Are there any Members that would like to speak to clauses 4 through 7? The Chair recognises the Opposition Leader. You have the floor.
Hon. E. David Burt: Thank you very much, Madam Chairman. Madam Chairman, the question that I have is in regard to clause 6, which is inserting section 13 which speaks to guidance. It says “The Minister may issue guidance for complying with the Common R eporting Standard, for using the electr onic portal or both. ” The question I have is, of course, guidance is not a statutory instrument so it does not have to come before Parliament. Is that something that is published anywhere or is that something that is just issued to industry?
The ChairmanChairmanThank you, Member. The Chair recognises the Finance Minister — [Inaudible interjection]
The ChairmanChairmanOne moment and we will see what we can do. [Pause]
The ChairmanChairmanThank you. The Chair recognises the Finance Minister. Hon. E. T. (Bob) Richards: Those guidance notes will be posted on the Government website.
The ChairmanChairmanAre there any Members that would like to speak to clauses 4 through 7? No other questions. Minister? Hon. E. T. (Bob) Richards: Madam Chairman, I would like to move clauses 4 through 7.
The ChairmanChairmanIt has been moved clauses 4 through 7 be approved as printed. Any objections to that motion? No objections. Agreed to. [Gavel] [Motion carried: Clauses 4 through 7 passed.] Hon. E. T. (Bob) Richards: I would like to move the Preamble, please.
The ChairmanChairmanIt has been moved that the Preamble be approved as printed. Any objections to that m otion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: I would like to Bill to be presented to the House.
The ChairmanChairmanIt has been moved that th e Bill be presented to the House as amended. Any objections to that motion? No objections. Agreed to. [Gavel] Hon. E. T. (Bob) Richards: Thank you, Madam Chairman. [Motion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 was considered …
It has been moved that th e Bill be presented to the House as amended. Any objections to that motion? No objections. Agreed to. [Gavel]
Hon. E. T. (Bob) Richards: Thank you, Madam Chairman.
[Motion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 was considered by a Committee of the whole House and passed with amendment.]
House resumed at 2:58 pm
[Hon. K. H. Randolph Horton, Speaker, in the Chair]
REPORT OF COMMITTEE
INTERNATIONAL COOPERATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT (NO. 2) ACT 2017
The SpeakerThe SpeakerThe Second Reading of the Intern ational Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 —the second reading has been approved. Order No. 6 is the Second Reading of the D ecriminalisation of Cannabis Act 2017 in the name of the Shadow Attorney General, the Learned Member from …
The Second Reading of the Intern ational Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 —the second reading has been approved. Order No. 6 is the Second Reading of the D ecriminalisation of Cannabis Act 2017 in the name of the Shadow Attorney General, the Learned Member from constituency 36, MP . . . oh? Hon. E. David Burt: Mr. Speaker, after consulting with my colleagues, we will carry this over for two weeks and we will debate it at that point in time.
The SpeakerThe SpeakerOkay. Hon. E. David Burt: Just . . . we are not at full strength right now.
The SpeakerThe SpeakerAll right, all right. Thank you. Thank you . . . sorry, I did not . . . I was looking down and reading. This is carried over. MP Brown, your motion is carried over? Berm uda House of Assembly Mr. Walton Brown: Yes, Mr. Speaker, we will carry that …
The SpeakerThe SpeakerOkay. The Chair will then recognise the Minister for Economic Development, Minister Dr. Gibbons. SUSPENSION OF STANDING ORDER 21
The
Hon. Dr. E. Grant GibbonsThank you, Mr. Speaker . I move that Standing Order 21 be suspended to enable me to move that the Bill entitled the Companies and Limited Liability Company Amendment Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerThank you. Any objections? [Mot ion carried: Standing Order 21 suspended.]
The SpeakerThe SpeakerCarry on please, Minister. BILL THIRD READING COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT 2017
The
Hon. Dr. E. Grant GibbonsThe Companies and Limited Liability Amendment Act 2017, I move that the Bill do now pass. Thank you.
The SpeakerThe SpeakerThank you. Any objections to that? The Bill is now passed. [Mot ion carried: The Companies and Limited Liability Company Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will recognise the Learned Attorney General, T. G. Moniz. You have the floor. SUSPENSION OF STANDING ORDER 21 Hon . Trevor G. Moniz: Thank you, Mr. Speaker . I move that Standing Order 21 be s uspended to enable me to move that the Bill entitled the Pr …
The Chair will recognise the Learned Attorney General, T. G. Moniz. You have the floor. SUSPENSION OF STANDING ORDER 21 Hon . Trevor G. Moniz: Thank you, Mr. Speaker . I move that Standing Order 21 be s uspended to enable me to move that the Bill entitled the Pr oceeds of Crime Amendment Act 2017 be now read the third time by its title only.
The SpeakerThe SpeakerThank you. Any objections to that? [Mot ion carried: Standing Order 21 suspended.] The Speaker: Carry on, please. BILL THIRD READING PROCEEDS OF CRIME AMENDMENT ACT 2017 Hon . Trevor G. Moniz: The Proceeds of Crime Amendment Act 2017, I now move that the Bill do now pass.
The SpeakerThe SpeakerThank you. Any objections to that? The Proceeds of Crime Amendment Act 2017 is approved. [Mot ion carried: The Proceeds of Crime Amendment Act 2017 was read a third time and passed.]
The SpeakerThe SpeakerThe Chair will now recognise the Minister of Finance. SUSPENSION OF STANDING ORDER 21 Hon . E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. S peaker, I move that S tanding Order 21 be suspende d to enabl e me to mov e that th e Bill ent …
The Chair will now recognise the Minister of Finance. SUSPENSION OF STANDING ORDER 21 Hon . E. T. (Bob) Richards: Thank you, Mr. Speaker . Mr. S peaker, I move that S tanding Order 21 be suspende d to enabl e me to mov e that th e Bill ent itled the International Cooperati on (Tax I nformation Exchange Agreements) Amendment (No. 2) Act 2017 be now r ead a third time by its title only.
The SpeakerThe SpeakerThank you. Any objections? [Motion carried: Standing Order 21 suspended.] BILL THIRD READING INTERNATIONAL COOPERATION (TAX INFO RMATION EXCHANGE AGREEMENTS) AMEN DMENT (NO. 2) ACT 2017
The SpeakerThe SpeakerThank you. Any objections to that? The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 has been approved—the Third Reading. [Mot ion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 was read a third time and passed.] 684 17 February 2017 Official …
Thank you. Any objections to that? The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 has been approved—the Third Reading. [Mot ion carried: The International Cooperation (Tax Information Exchange Agreements) Amendment (No. 2) Act 2017 was read a third time and passed.] 684 17 February 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: The Chair will now recognise the Premier. ADJOURNMENT
Hon. Michael H. Dunkley: Thank you, Mr. Speaker . I move that we now adjourn.
The SpeakerThe SpeakerThe Chair will recognise the Shadow Attorney General, the Learned Member, Michael Scott. You have the floor. ATTORNEY GENERAL’S CIVIL ACTION AGAINST LAHEY CLINIC Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker, we very recently were treated to the announcement by my opposite Member, the Learned Attorney …
The Chair will recognise the Shadow Attorney General, the Learned Member, Michael Scott. You have the floor.
ATTORNEY GENERAL’S CIVIL ACTION AGAINST LAHEY CLINIC Hon. Michael J. Scott: Thank you, Mr. Speaker . Mr. Speaker, we very recently were treated to the announcement by my opposite Member, the Learned Attorney General of this country, that in his name or in the name of the Government of Bermuda he had by his energies and by his authority filed in the Boston Federal Courts a civil suit, Mr. Speaker, naming the Bermuda Government against the well -known Lahey Clinic, Incorporated. This information was released in the Bermuda press and in the United States press. It has produced a flurry of responses or reactions, but the most i mportant one is the reaction that was the subject of questions earlier today. Mr. Speaker, without reflec ting, the concern was that in the context of what is known as the US -Bermuda Mutual Legal As sistance Treaties 2010, which was executed as a first time treaty between the United States and Bermuda for mutual legal assistance to assist in a number of ways the detection of crime. With your permission, Mr. Speaker (I think it is important), I would just like to look at and read the overview statement about the Bermuda Mutual Legal Assistance Treaty to just indicate how important a Treaty this is in our diplomatic relationship and the diplomatic platform with the United States. So, sir, it begins with the fact that the Treaty was made between the Government of the United States of America and the Government of Bermuda relating to mutual legal assistance in criminal matters. And it creates for the first time (it says in this Treaty that I have before me) a Treaty -based relationship with mutual legal assistance between the United States and Bermuda. It indicates that Bermuda as an Overseas Territory has received from the United Kingdom its signa-ture so that the United States . . . and the United States obtained the signature of the UK under the cover of a diplomatic note, a copy of an entrustment letter through which the United Kingdom granted Bermuda our authority to sign and conclude this Trea-ty. And then it sets out in brief terms the specific articles. Without going into them, they are extensive, but to give you a sense of the subject matter of this MLAT, this Mutual Legal Assistance Treaty, Mr. Speaker, it provides for mutual legal assistance as between the parties in connection with investigation, prosecution, prevention of criminal offences for which there are minimum penalties. So this is a diplomatic platform, one of the many Treaties that we have entered into with the United States. And it has come to our attention, Mr. Speaker, that the announcement in the Boston press, reflected also or duplicated in the Bermuda press, was the first time that our diplomatic partners were becom-ing aware of this suit against a US entity of some prominence. It has come to our attention that the Depar tment of Justice in the United States became engaged, Mr. Speaker, and interested to know just what this suit was about, and that there were aspects in the civil suit that concerned the Department of Justice in connection with criminal matters that it was engaged in being reflected or being incorporated into a civil suit against an American entity, namely the Lahey Clinic. It is our understanding (and this matter is probably still unfold-ing) that this matter of the use in civil proceedings m aterials from a US- based criminal investigation will have caused serious concerns within the US Depar tment of Justice. Naturally, therefore, operating on that information, we turn to our Chief Law Officer, the very per-son in whose name this suit was taken out, to ask for an explanation. We asked for as much information as we could be provided. Why? Because our diplomatic relationship is engaged. The relationship of the probity of our continuing Treaty relationship with the United States was engaged and we therefore felt —and I co ntinue to feel as a former Attorney General —that these matters are of significant importance. And the alarm that we have as our understanding is that the United States Department of Justice were unaware of this suit and may be potentially embarrassed, and the r elationship between Bermuda and the United States potentially embarrassed by the taking of this suit. And most specifically, I do not want to be under any doubt about what our concern is as we under-stand it, that the content of this suit is something that offends the relationship and offends the Treaty itself. The use in civil proceedings of criminal materials is generally restricted to matters of mutual legal assi stance in criminal matters. Regrettably, the Attorney General has escaped to the comfort of what we say were completely unsubstantiated legal protections of sub judice. “Legal privilege” were the actual words that the Attorney General retreated into. And we say —and I say as his opposite Member —that this is not good enough. This is not good enough. These are legitimate questions. These are fair questions about the relationship between Bermuda with the authority that has been given to us to make
Bermuda House of Assembly this Treaty by the United Kingdom and similar Treaties with the United States, and the air needs to be cleared is an understatement. We just need clarity about what is really going on. Mr. Speaker, the context: This announcement that linked the former Premier, Dr. Ewart Brown, as the operator of two clinics here with Lahey is part of what has now become a running, running battle b etween the Bermuda Police [Service] and Ewart F. Brown, Dr. Ewart Brown, former Premier. It began with the efforts by the Bermuda police to stop or block a judicial review application by Dr. [Mahesh] Reddy to challenge warrants and search warrants on Dr. Reddy at his private residence. That was stopped by the courts which said that a judicial review . . . action by this good doctor is entirely free to proceed. It was followed by an indication from senior police officers that some corruption civil action was in the offing. Then they came on February the 14 th, Mr. Speaker, the raid on two of Dr. Brown’s clinics. Search warrants were executed and materials taken from Dr. Brown’s clinics. Again, the police failed when a judge, Mr. Justice Hellman, ordered that all doc uments seized had to be returned forthwith to the cli nics. So the police again, in an effort to advance their case against Dr. Brown, came to naught, and then I make the context. Next what happened is that this suit is announced at the hands of, and in the name of, the Bermuda Government; and the energy behind it is the Learned Attorney General. And now it is under the microscope and scrutiny, as I have indicated, from the top. We understand that it is sought . . . it has created considerable tensions in the Department of Justice of the United States . . . that they were not aware of it and that it has potentially breached the Mutual Legal Assistance Treaty between ourselves and the United States. There could not be a more serious allegation, that our Treaty relationships have been put at risk by the actions of the Attorney General filing this action in the Boston Federal Court. But the action itself impl icates the entire Government if, indeed, and because of collective responsibility in the name of the Gover nment of Bermuda, an action has been filed in a foreign jurisdiction. It means that the Bermuda Government or the Cabinet of this country, the OBA, are on the hook for this decision. So that is another equally pressing question, Mr. Speaker, which is to be asked: How is it that the Bermuda Cabinet, potentially . . . (and this will unfold) if the Bermuda Cabinet of the OBA Government a llowed a suit to be filed in this fashion that has, as we understand it, caused this ruckus in the Department of Justice of the United States, how does this and could this happen? It could happen, Mr. Speaker, if the Cabinet are not aware of this, and that this was at the action only of the Attorney General. And that is yet a third question: How does that happen? But questions are required on this matter of urgent relationship with our chief trading partner in the area of the administration of justice. We know not when this exercise between the police and this serialisation, really, that has been taking place between the police and former Premier Dr. the Honourable Ewart Brown will come to an end. But it has been recorded that the money spent in the i nvestigation continues to be rebuffed by right -thinking jurists, by the actions of attorneys on behalf of Dr. Brown. And the question continues to be raised when will the Government of Bermuda in this context either cut bait or begin fishing in this matter. But the public is growing . . . not weary, but concerned about how these priorities are being f ocused—or priorities are not being properly focused on— whereas in this case Dr. Brown’s cases either before this court or the investigation of him is attrac ting a disproportionate amount of resources and time and police attention. We stand now on the motion to adjourn to call on the top judicial officer of the Government, who, I believe— indeed I know —has an obligation to clear the air on this matter. The Attorney General is the proper authority for receiving information, as is the Attorney General of the United States the proper au-thority for receiving requests from us. And it cannot be right that we are kept in the dark, notwithstanding the fact that we are not seized of all of the facts. We have enough facts for us to have posed the question today, and we will continue to pose questions here in this House and elsewhere until the efficacy of this action entitled the Government of Berm uda and Lahey Clinic is both explained and clarified. Mr. Speaker, the risk of causing our diplomatic relations and our treaty relationship and the ability of the United States to continue to view us as a ho nest broker and equal partner in treaty relationships and treaty observances, and our ability as a mature state to enter into treaties and to uphold them and to uphold their terms, as opposed to doing things in a fashion that undermines this significant area of foreign relations, of interstate relations . . . the Attorney Gen-eral—
The SpeakerThe SpeakerYou have about two minutes. Hon. Michael J. Scott: Thank you. The Attorney General cannot retreat to priv ilege having made the statement already in the press of two countries. He cannot retreat, I say with as much force as I can, to the protections of sub judice or priv …
You have about two minutes.
Hon. Michael J. Scott: Thank you. The Attorney General cannot retreat to priv ilege having made the statement already in the press of two countries. He cannot retreat, I say with as much force as I can, to the protections of sub judice or priv ilege having begun down this road. He is under an absolute obligation in justice, in fairness and in transpar-ency to tell the country, make a complete clear hand of what contact he has had with the Department of Justice or they with him. 686 17 February 2017 Official Hansard Report
Bermuda House of Assembly What were their concerns and how is it that he proposes to assure this country that our thesis that an improper lawsuit was filed without consultation or not ification (I think is the proper word) with his opposite member in the Department of Justice in the United States? So we make the call again that the Attorney General stand and tell the House and the country rea lly what contact has been had to date with the D epartment of Justice. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will recognise the Learned Attorney General. You have the floor. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker . I rise quickly to my feet to try to cut this a little short . . . it could turn into a …
Thank you, Honourable Member . The Chair will recognise the Learned Attorney General. You have the floor. Hon. Trevor G. Moniz: Thank you. Thank you, Mr. Speaker . I rise quickly to my feet to try to cut this a little short . . . it could turn into a charade. It is not a charade at the moment; but it might turn into one if we continue like this. In my view, the Honourable and Learned Member who gets great respect from me is indulging in the politics of distraction. The real concern out there in the community is that we have a former Premier who is being investigated for criminal offences. That is what the community is interested in. Now that Honourable and Learned Member wants to know something about the Department of Justice in the US. Perhaps if he tells me who he deals with in the Department of Justice, I can then contact them and find out why they are so misinformed. I c an only . . . I have no obligation to inform the Department of Justice of any suits being commenced by the Ber-muda Government. We are not in breach of any treaties. I never retreated at any point in time from anything. I told this House and the people of Bermuda the truth and the full truth. We are not in breach of any obligations u nder treaty or otherwise. If he tells me who he is dealing with at the Department of Justice, I will contact them personally and inform them of that. But I think the people of Bermuda really want to know what went wrong in that Government, what happened that they got so side- tracked into these sorts of allegations by our. . . it is an independent police force. It is an independent Department of Public Prosecutions. Last I heard, the Director of Public Prosecutions came from that side of the House, polit ically; he did not come from this side. He is the one who makes decisions as to who is prosecuted and who is not prosecuted. The last time our side saw, that gentleman had never been a member of the OBA, never been a member of the UBP. He is making a decision whether someone is being prosecuted. No one on this side is going to make that decision. So would they stop beating a dead horse? Stop indulging in the politics of distraction and start getting back to the business of the people. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Attorney General. The Chair will recognise now the Honourable Member from constituency 17.
Mr. Walton BrownThank you, Mr. Speaker , and good afternoon, colleagues. Mr. Speaker, the politics of distraction . . . clearly, it is a factor today. But I doubt that it is coming from this side of the Honourable Parliament. Earlier today, the Honourable Minister for Economic Development cited the decision by …
Thank you, Mr. Speaker , and good afternoon, colleagues. Mr. Speaker, the politics of distraction . . . clearly, it is a factor today. But I doubt that it is coming from this side of the Honourable Parliament. Earlier today, the Honourable Minister for Economic Development cited the decision by a former Premier, Dr. the Honourable Ewart Brown, to bring four prisoners held at Guantanamo Bay to Bermuda. And his reference to it was in a negative way, reflec ting negatively on that decision. But, Mr. Speaker, that decision was a decision that was made with our most loyal, our most profound ally, our greatest economic partner, the United States. The United States is i mportant to our very essence. Most of our tourists are American; most of our international business is American. So, it is important for us to maintain a strong, robust, respectful relationship. When Dr. Brown made the decision to bring the four Uighurs to Bermuda, it was fully appreciated by the United States Government. I am not interested in the British response. They do not tell us who we can bring to our country. But that decision represented the first country to take in four of those prisoners housed for more than five, seven years without charge, and other countries followed suit. So the Uni ted States Government . . . well, at least up until January 20 th the United States Government fully respected and honoured the decision made by the Bermuda Government back in 2009. I raise that, Mr. Speaker, not because I am reflecting on a previous debate, but I just want to rei terate the importance of our relationship with the Unit-ed States. We had a Tax Treaty decades before. We are only one of two countries, Mr. Speaker, that has privileged access from an immigration standpoint to the United States. British nationals, European nationals, everyone else has to apply for a visa to enter the United States, whether it is an electronic application or whether it is a hard paper application. It is only Bermuda and Canada which have that visa-free access to the United States. In fact, when you see those long lines at the airport . . . you know those long lines, Mr. Speaker . We have travelled together, coming back into Miami. Bermuda passport holders actually have the ability to
Bermuda House of Assembly go into the same line that US citizens and permanent residents go into. We have that right. Unfortunately, most of the consults at border control people do not know that, and so they will probably tell us to go into the other line. But despite that, Mr. Speaker, my point is that we have this long- standing respectful relationship with the United States, and I am afraid, Mr. Speaker, that that relationship will now be questioned to some extent. We have reliable information out of Washington that there is grave concern within the Department of Justice that the Treaty that my honourable col-league, the Shadow Attorney General, referred to earlier, has been violated. I listened to the Honourable Attorney General say it is a distraction. But if you call the potential violation of a Treaty between countries a distraction, then we have an altogether different con-cept of what is important. I have just outlined what our importance is . . . of what the United States is in terms of our important relationship. It cannot be a distrac-tion. It goes at the very heart of what we are as a country because the United States can cut us off t omorrow . . . the benefits that we have we should never take for granted. I read key aspects of that Treaty (I cannot remember the name—Mutual Legal Assistance Treaty), and it is a Treaty that has been extended to many countries, but there is an element of trust that is sup-posed to undergird this issue, an element of trust. And I heard some chirping on the other side where people will want to minimise the impact. But minimise at our peril. We have a responsibility to the country. So let us not minimise the impact of this potential breach. In the absence of the Honourable Attorney General ma king any clear and definitive statement, there will just be questions. We did not create this issue. The issue was created by a level of outrage expressed within Washington and within the Department of Justice. That information came to us. We cannot fabricate that. This is not fake news, Mr. Speaker . This is so mething that has come to us in a real and tangible way. I wo uld encourage the Government to take this seriously if you value your relationship, if you va lue our relatio nship with the United States. So there are some questions, Mr. Speaker, that require answer s. Did the Department of Justice contact any sector of the Bermuda Government ex-pressing concern about the lawsuit that was filed? The public has a right to know. There will be considerable expenditure of public funds on this matter. This Gov-ernment has always expressed its commitment to transparency and openness . Well, let us be transparent and open. Is this a matter of concern expressed to you by the United States Government? That Treaty, Mr. Speaker, talks about the collection and sharing of information regarding criminal offences. There is an express provision in this Treaty which says it is for criminal offences and prosecutions only. And they take a very grave view toward the use of this Treaty or information gained out of this Treaty for civil matters, first of all. Secondly, the same Treaty refers to the political use of information. No one is making that up. Go and look at the Treaty. Information gathered under that Treaty is not meant to be used for political purposes. Now, there can be an open debate about what is political. But I think, Mr. Speaker, it merits attention; it merits focus. At this point we are seeking clarification from the Bermuda Government. Do you value our relation-ship with the United States? Has any breach taken place ? What contact has been made? Will the Government come back to this Parliament and provide information and answers to these questions? It is im-portant. It is critical and it is not something that should be seen by anyone who takes these matters seriously as a distraction. Mr. Speaker, with that I will take my seat. Thank you.
The SpeakerThe SpeakerThank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 29, MP De Silva. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, it is interesting that as we talk about this very important topic that there are very …
Thank you. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member from constituency 29, MP De Silva.
Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, it is interesting that as we talk about this very important topic that there are very few OBA Ministers on the front bench that are quick to get up and have a say. Maybe before the day is done we will hear from them, Mr. Speaker. Or is it that . . . we only can assume that Cabinet did not know because, Mr. Speaker, this almost seems like it is something personal going on in that Cabinet . Unless we hear otherwise from the Cabinet Ministers on the other side, you can only assume that maybe it is something personal by the Attorney General to put Bermuda’s reputation at risk, Mr. Speaker. Mr. Speaker, let me apologise to all those at Lahey, all of those professionals at Lahey, Mr. Speaker, because this particular suit for this particular inst itution, which I would almost suggest that maybe many in this House have been to for one reason or another, Mr. Speaker. I can certainly speak to it. I can speak to family members. I can speak to myself. I have been to Lahey, Mr. Speaker . And if that relationship is because of our former Premier, then let me thank him, too, Mr. Speaker. Let me thank him because you would know, Mr. Speaker, that I was former Health Minister . And having spent a little bit of time, a couple of years , in Health, Mr. Speaker, one of the things that I was i mpressed most by . . . and I think my colleague, the Honourable Walter Roban was Health Minister . He may have experienced the same thing. I was given a tour of the [Bermuda] ICU Department one time. And many Members, maybe everyone in the House is aware . There is a robot in ICU, Mr. Speaker. And 688 17 February 2017 Official Hansard Report
Bermuda House of Assembly guess what is connected to that robot. It is Lahey Hospital! It is connected to Lahey ICU, Intensive Care Unit—i.e., when you are in that room, Mr. Speaker, your life is un der threat. Your life is under threat! That piece of equipment has been in ICU . . . I think it is still there, Mr. Speaker, maybe the current Health Minister will let us know if it is still there . But, certainly , I know that has saved some lives in Bermuda.
[Inaudible interjection] Hon. Zane J. S. De Silva: My colleague, Mr Roban, says that if it is still there then that means that it has been there for six years. How many lives has that saved, Mr. Speaker? Mr. Speaker, you will remember that there was a time when many of our Bermudians could not afford to go away for treatment. The overseas treat-ment was reserved for those who could afford it. I think all of us remember those days. One of the . . . some still cannot [remember], my colleague says . And you are absolutely right. But I tell you what, you r emember, Mr. Speaker, there was that time where if you did not have money you could not go overseas for treatment. You could not do it! But thanks to the relationship between Lahey and Bermuda, Mr. S peaker, many of our people were able to have that luxury af-forded to them and, dare I say, many lives saved. Many lives saved, Mr. Speaker. Mr. Speaker, for the Learned Attorney General to make and file this civil suit in the way in which he has done it, Mr. Speaker, we may live as a country to regret . . . we may regret it. For one person to make a decision . . . unless the OBA Cabinet stand up one after the other and say that they knew about it, they endorsed it , and they certainly agreed to it —
[Inaudi ble interjection] Hon. Zane J. S. De Silva: —because we know that when you are in Cabinet you do have collective r esponsibility. [Inaudible interjection]
The SpeakerThe SpeakerHonourable Member, you have your chance to speak. [Gavel]
The SpeakerThe SpeakerThere is plenty of afternoon left. Hon. Zane J. S. De Silva: I only hope, Mr. Speaker, I only hope that this action by the Attorney General does not cost Bermuda and our debt to be increased substantially because of the repercussions that this may have. And I think everybody …
There is plenty of afternoon left. Hon. Zane J. S. De Silva: I only hope, Mr. Speaker, I only hope that this action by the Attorney General does not cost Bermuda and our debt to be increased substantially because of the repercussions that this may have. And I think everybody knows what I mean. If this goes the wrong way . . . and we have some Learned Members in here who I am sure can speak to it , but if this goes the wrong way, Mr. Speaker, I tell you what . . . the budget is going to be pr esented next week. I do not know if the Finance Minis-ter has any funds set aside for a lawsuit that could be coming down the pipe, Mr. Speaker . But I tell you what, he better put something in there and it better be substantial. And where could several hundred million dollars —because that is what it could end up being . . . where could several hundred million dollars go for the people of this country that need it? Mr. Speaker, the hurtful thing and worrisome thing about this writ is that Bermuda’s reputation is under threat. Our reputation is under threat! The Treaty is at risk. Mr. Speaker, I remember when we were Government and the Opposition ( the now OBA , then Opposition) used to say to us, they used to make these accusations. And we used to say to them, Look, the international business and the world are listening! Be careful what you say! We used to say that . . . well, you will remember, Mr. Speaker, almost weekly. We used to say be careful what you say. Do not be so loose with your tongue, Mr. Speaker. And here we are . . . I tell you what, I hope, Mr. Speaker, that this is not going to come back to bite us in the backside badly. Mr. Speaker, my honourable colleague, Walton Brown, mentioned a few things, and I do not know if people were really taking it in, Mr. Spe aker, about the luxury of our relationship with the US. And I say luxury , Mr. Speaker, because he talked about the lines when you come back through Miami. What about preclearance, Mr. Speaker ? How convenient is it for our people when we go to the airport . . . we get our ticket, you know, we get our seating, Mr. Speaker . We go through the US Immigration line without too much hassle. When we land, we snatch our bags and we are gone. Now, Mr. Speaker, suppose every time we entered the United States we had to go through those long lines that are in all the airports, not just Miami, because I have seen them in Europe and had to come in through New York and that line was long, Mr. Speaker . What is that going to do to our people? What is that going to do for our seniors that are up in age and they have to stand in line for two hours, two and a half hours? What will that do to our airline flights when we can no longer make these connections within an hour because we do not have preclearance? Maybe all our airline flights might have to be changed because we have to allow for two or three hours to get through Immigration on the other side—Atlanta, New York, Boston, Washington. Mr. Speaker, for the Honourable Attorney General to say that politics of distraction . . . well, what do you call the violation of that Treaty? We did not drop a writ, Mr. Speaker, that violated that Treaty. We did not do that. And to make a statement “investiga-tion for criminal offences” . . . my gosh, Mr. Speaker, that is pretty, pretty, pretty heavy stuff.
Bermuda House of Assembly And the Honourable Member from constitue ncy 22, Dr. Gibbons, talked about we brought the four Uighurs here under cloak of night. Just last week they snuck in this House under the cloak of night, Mr. Speaker !
[Laughter]
An Hon. Member An Hon. MemberYes, they did! Hon. Zane J. S. De Silva: How quickly we forget. But, Mr. Speaker, think about what we did with bringing those Uighurs to Bermuda. We helped a major, major artery —the bloodline of this country. I tell you what, Mr. Speaker, if Barack Obama called any one …
Yes, they did! Hon. Zane J. S. De Silva: How quickly we forget. But, Mr. Speaker, think about what we did with bringing those Uighurs to Bermuda. We helped a major, major artery —the bloodline of this country. I tell you what, Mr. Speaker, if Barack Obama called any one of us in this House and said, Look, we need a little assistance . . . we would be crazy to say no. The President of the United States, Mr. Speaker ! And let us not forget the UBP, Mr. Speaker, brought in some refugees . . . some, I do not know — [Inaudible interjection] Hon. Zane J. S. De Silva: Vietnamese . . . what was it, 20 -odd years ago? And guess what? One of them, Mr. Speaker, owned the gas station down at Flatts.
An Hon. Member An Hon. MemberJimmy. Hon. Zane J. S. De Silva: Jimmy, that is right. I think he may have passed or was sick or . . . [Inaudible interjection] Hon. Zane J. S. De Silva: Gone back home. But they brought in, Mr. Speaker, they brought in refugees. [We] did not see any …
Jimmy. Hon. Zane J. S. De Silva: Jimmy, that is right. I think he may have passed or was sick or . . . [Inaudible interjection] Hon. Zane J. S. De Silva: Gone back home. But they brought in, Mr. Speaker, they brought in refugees. [We] did not see any people marching up and down the street then, Mr. Speaker . But, Mr. Speaker, let me say this: That Treaty is based on trust. Based on trust, Mr. Speaker . And for the Honourable Attorney General to file that suit and maybe, maybe he just . . . maybe he did not even take the time out to investigate whether or not we had a Treaty, or what were his rights, what he should have done legally or not . . . what he should have done et hically or not. Mr. Speaker, it is based on trust. A trust we now have to worry about if the United States are going to say, Well, we cannot trust those guys in Bermuda. So what ? Look , what other treaties do we have with Bermuda that we might have to take a look at? Maybe some of the same tax exchange agreements that we have been signing, Mr. Speaker, maybe they might be in jeopardy too. Maybe some of our international companies that are the lifeline of this country may be in jeopardy for being in Bermuda. How far is this going to go? We do not know. This is serious stuff. But, Mr. Speaker, I know other Members . . . and I am hoping that the OBA Cabinet Members are going to speak to this and let us know what really took place this week. [Inaudible interjection] Hon. Zane J. S. De Silva: I hope they do, Mr. Speaker. But I am going to finish on this note, Mr. Speaker . Let me apologise to the directors, the staff, the doctors, the physicians at Lahey one more time, Mr. Speaker . I will a pologise to them on behalf of Bermuda. Mr. Speaker, this is so wrong, so wrong, Mr. Speaker . I worry about our people now. Is that rel ationship going to be in jeopardy? Is it going to be in jeopardy? Mr. Speaker, I have to mention one more thing. You know that some of the insurance compa-nies in Bermuda have relationships with hospitals. I wonder if the Attorney General is going to drop anot her suit maybe on BF&M because they have a relationship with Lahey? What about Colonial? What about Argus? Now what about their relationship, Mr. Speaker? What kind of relationship is that? Is it similar to that of Dr. Brown and Bermuda Healthcare? I do not know. Why were they left out? I will tell you what, Mr. Speaker, when my f ather was diagnosed with cancer he was in Vermont in my place up there. So he went straight down to the hospital in Dartmouth, it was called. Got treatment. I called to BF&M and said, Listen, my pop’s getting some treatment for cancer, just diagnosed, we have to work on it . [They said] Get him down to Lahey next chance you get. I said What? I said He is comfortable ; he is happy . [They said] No, no, no, no , our relationship is with Lahey , not Dartmouth University Hospital. No, no—h ave to take him to Lahey. So it is relationships in that field, Mr. Speaker . I do not know how deep it goes. I am not a physician so I do not know how it works. But I certainly know, Mr. Speaker, in the real world . . . why do you think that Swizzle Inn on South Shore is busy all the time during the tourist season? Anybody else that ran a restaurant up there, Mr. Speaker, failed, didn’t they. Why is it so many people are up there? Do you know why? Because the fellow that owns it has connections with the cruise ships and airlines and some of the ho-tels. So it is relationship . . . I do not see anybody knocking on his door saying, Hey, wait a minute. Your relationship is not right. You are getting extra business because of your relationship. One thing is the last time I drove by Bermuda Healthcare I saw Lahey doctors’ names on the sign. I did not see any cloak of secrecy, anybody trying to hide anything over at Bermuda Healthcare, Mr. 690 17 February 2017 Official Hansard Report
Bermuda House of Assembly Speaker, trying to hide their relationship with Lahey. I have seen picture after picture after picture with Dr. Brown and Lahey representatives. No secrecy there, Mr. Speaker. But is this the continuation of the witch-hunt? Is this a personal vendetta by the Attorney General? Is it personal , Mr. Speaker ? And one can only wonder because the answers that we were . . . well, sorry, the lack of answers from the Attorney General today when all that was required was, Have you been contacted by the Justice Department? Have you been contacted? Yes or no. No, no, no, he said it is some privilege . . . it is sub judice . He just would not answer the question. So it begs, Mr. Speaker, the people of this country need to ask the OBA Ministers who have a collective responsibility to the people of this count ry what is the deal, what is the real deal, because those answers are not forthcoming, Mr. Speaker . Thank you very much.
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will now recognise the Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker . Mr. Speaker, I would just to inform those who are listening that there are only really two Cabinet Ministers …
Thank you, Honourable Member . The Chair will now recognise the Member from constituency 6, MP Wayne Furbert. You have the floor. Hon. Wayne L. Furbert: Thank you, Mr. Speaker . Mr. Speaker, I would just to inform those who are listening that there are only really two Cabinet Ministers sitting here, and we would have thought that they would be here listening and at least giving some answers on where they actually stand. Mr. Speaker, it is clear that this issue is not sub judice because . . . Mr. Speaker, you are a very wise individual. And if it was sub judice you would not be allowing us to speak on this particular issue today. So the very rules that we stand by in this Honourable House [state] it is not sub judice, by the Honourable Speaker himself. So we accept where the position is, that the only reason why the Attorney General does not want to answer this is because at the end of the day they are trying to hide something. Mr. Speaker, there are so many questions and the taxpayers should have a right to know. We wake up in the early morning, or somebody drops on the news that there is this case being filed in the Uni ted States. I heard the Minister talk about a criminal case. I thought it was a civil case. To me I understand it as something different between a civil case and a criminal case. So it is getting it wrong there also. It is based on what he argues is a civil case. But the people of Bermuda have a right to know. First of all, when did the Cabinet know? Was that decision made before? I know you have a Cabinet Ministers’ meeting on Tuesday, but that case came out on, I believe, a Monday. So were the Mini sters who have collective responsibility not aware until Tuesday? That in itself is wrong, Mr. Speaker . So something is not right here. Mr. Speaker, we have a right to know because the taxpayers are footing this bill. How much . . . and I asked the Minister this morning and, rightfully so. It was not part of the question, so the Minister did not have a right to answer, but what type of retainer . . . and I know those boys in the States. They ask for big retainers. I mean, they are pretty hefty. Our lawyers aroun d here are pretty small compared to what . . . you go to a lawyer and they ask for $500. It is $500,000 in those types of cases. So we have a right to know what type of retainer, what obligation is the Government committed to right now? Has a cheque gone across the border? Has a wire transfer taken place and is sitting at some law firm right now? Where do we stand right now as a country? The country has a right to know. Have the lawyers [been] asked the question, basically, how much will this case cost? H ow long it is going to take? Is it two months, three months? A year? Ten years? I understand just now that a partic ular individual who is a big CEO in Bermuda or a chairman . . . his case was almost $200 million. These lawyers in the States, they are not . . . and particularly when it is a Government which is asking for and pa ying for it. They do not . . . it is not every hour, Mr. Speaker, it is every minute. You know, you just lift up your hand they will start charging, I am going to start ticking off. At least the lawyers around here say, I did an hour. They will say I did a minute— $1,000 cheque, $1,000 at a time. The question has to be asked. Where are we committed as far as the Government is concerned? Where are you taking this country as far as the debt? My honourable colleague said we will have the budget next week, and my two colleagues who sit in there, have we accrued for any particular liability that the country may be obligated to? Is there contingent liabi lity on our side that we may be obligated to if the case goes in a different direction? I would have thought that somebody has to answer that question. But every Minister is all quiet. I know they are shocked as much as we are. They probably heard it the same time as we heard it. They probably heard it at the same time as the Department of Justice in the United States heard it. It is absolutely wrong that we are in this Honourable House and one individual is making decisions for the rest of this country. Mr. Speaker, here is the question that I need to ask and the Minister of Health is here. If Lahey Cli nic is that bad, are they still in partnership with the hospital right now? Has the agreement been broken? B ecause right now I understand that the agreement is between Lahey Clinic and the Bermuda Hospitals Board. I went to Lahey Clinic up there by . . . it is called MAWI right now (right? MAWI? I was going to use this other word from when I was much younger, but up by MAWI) . . . is the agreement still in place, Minister of Health?
Bermuda House of Assembly Minister of Health?
The SpeakerThe SpeakerYou are — Hon. Wayne L. Furbert: Mr. Speaker, everybody — that is the problem. Everyone is silent! Everyone is silent! Is the hospital still sending patients to . . . if someone got in a terrible situation tonight are they flying them up tonight to Lahey or are they …
You are — Hon. Wayne L. Furbert: Mr. Speaker, everybody — that is the problem. Everyone is silent! Everyone is silent! Is the hospital still sending patients to . . . if someone got in a terrible situation tonight are they flying them up tonight to Lahey or are they flying them to Mass General or somewhere else? Is the agreement still in place? We need to know. Are they advising the people of Bermuda that they should not go to Lahey Clinic anymore? There are so many questions, Mr. Speaker, and not one Minister will open their mouth and answer this Honourable House. We started off by saying that this particular issue, as far as we are concerned, is not sub judice, particularly because it is not in our courts. It is in a place that no one knows about, the Department of Chief Justice is not aware of it and so the only person who is aware of this case is the Attorney General himself and then the Ministers, the Cabinet who probably found out a couple of days after the actual filing. Mr. Speaker, we are heading in the wrong direction if we are doing that particular issue. So the cost is a serious issue. As I said, Mr. Speaker, if we are found heading down the wrong road the taxpayer could be liable for a significant, significant amount of damage. And I am just concerned that this particular Attorney General, Mr. Speaker, is heading in the wrong direction. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will now recognise the Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . Mr. Speaker, the Attorney General opened up his remarks by making some disparaging remarks about the Uighurs, …
Thank you, Honourable Member . The Chair will now recognise the Member from constituency 5, MP D. V. Burgess. You have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . Mr. Speaker, the Attorney General opened up his remarks by making some disparaging remarks about the Uighurs, how we brought them in. Let me say, Mr. Speaker, that the Uighurs are human beings just like you and I, and they deserve the respect just like everybody else. They had nowhere to go. We made an agreement with the United States Gover nment, our closest ally, our trading partner, just about everything we do . . . all our prosperity basically comes via the United States . . . Bermuda’s . . . and we would like to preserve that. Mr. Speaker, I do not know why the Gover nment would be making disparaging remarks about four Uighurs when they are giving hundreds of people status through a loophole and it is okay. But because we brought in four people that, I guess, they did not have much respect for, it is not all rig ht. Bermuda is very fortunate and sometimes Bermudians, particularly led by this Government, think that we are untouchable and that everything is being preserved for us and the world operates around us. It does not happen that way. We are part of a global, global connection. I remember many years ago, Dr. Ball, even before we knew what was going was talking about the one world . . . one world . . . order.
An Hon. Member An Hon. MemberNew world order. Hon. Derrick V. Burgess, Sr.: Well, no, she said the one world . . . I know there was a “one” there. Well, she was well ahead of many people, and that is what we live by today. Everything we do, everything ha ppens —whether it be …
New world order. Hon. Derrick V. Burgess, Sr.: Well, no, she said the one world . . . I know there was a “one” there. Well, she was well ahead of many people, and that is what we live by today. Everything we do, everything ha ppens —whether it be England or Germany —it has some affect to us. So, I would hope that this would be the last we will hear in this Parliament about the Uighurs in the disparaging way that this Government continues to portray. They are human beings just like us. Mr. Speaker, we have been informed that the Treaty with the United States has been violated. That concer ns me. It concerns me because I think it was a question asked this morning by MP Foggo. She asked, Were there any terms or conditions specified under section 7(2) of the Treaty that the Bermuda Government was required to adhere to? No answer. Did the Bermuda Government inform the United States Department of Justice what the information requested would be used for? No answers. Mr. Speaker, then we went on to another question of cost. This Government has, in my opinion, wasted money on legal fees. In fact, last week we un-derstand they spent over $4 million on legal fees on something that is not even completed yet. The fees that have been spent so far on investigating Dr. Brown are $3 million and rising. And it has been said earlier to hire or retain lawyers in the United States and a PR firm . . . it does not come cheap. We would like to know what is the amount of the retainer fee in the United States for the legal fees and the PR firm? Mr. Speaker —
[Gavel] [Inaudible interjection]
Hon. Derrick V. Burgess, Sr.: Let me deal with him, Mr. Speaker .
[Laughter]
692 17 February 2017 Official Hansard Report
Bermuda House of Assembly Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker . Mr. Speaker, then we heard about the harassment of Dr. Reddy in this country. And, Mr. Speaker, do you know what the police said to Dr. Reddy? Give me Dr. Brown. We don ’t want you. And then to go and arrest him at home early in the morning . . . for what reason? No files were found at Dr. Reddy’s house. That would not happen to anybody else, you know. Nobody else in this country would it happen to like that. I would venture to say that if that had been someone else a little lighter than me, in particular, they would get a call from the police.
[Inaudible interjection] Hon. Derrick V. Burgess, Sr.: No, they can’t Walt. [Laughter] Hon. Derrick V. Burgess, Sr.: Mr. Speaker, this has been going on for some time because, Mr. Speaker, the Premier of this country, I have been informed, and the Finance Minister went to Westgate two or three years ago, visited a prisoner and tried to implicate Zane De Silva, Dr. Ewart Brown, and myself, Derrick Vaughn Burgess. That is how low they would go. That is what they had done. Mr. Speaker, we have talked about the two Bermuda’ s in this country and how we are treated. We heard today that a Minister spent $2.3 million with a law firm that his wife works in. If that was us, Mr. Speaker, it would be plastered all over the Royal whatever -it-is for a couple of days . . . well, seven days and seven nights. But this will not be in the newspaper, I can assure you. It probably will not even make television news because we know of the connection that each has to each other, Mr. Speaker . So, Mr. Speaker, as the statement came out from Lahey . . . I mean, they know . . . in the stat ement they indicated that it is political and personal and, basically, why should we be involved in som ething like this here. But we know it is an election year and the Government will do anything they can, even if it is not true they will put the allegations out there about anybody on this side in particular to try to distort the minds of people who do not know any better, and that is what happens in this country. So, Mr. Speaker, I would ask this Government to be careful. Be careful, because, you know, there are a lot of fires burning underground. And with divine intervention you can see a lot of fires. Spontaneous. I am not making any threats, this is what I feel. This is what I hear on the streets. I am not hearing about fires on the streets, but the tone of the messages that we are get ting . . . people are tired and you know when people get tired, there are fires burning within them. That is the type of fire that I am talking about, and we would like for that fire to stay within them. In fact, if they can, just smother that fire. But, Mr. Speaker, what this Government is doing is just fuelling the flames of fires and they really do not care. They really do not care about the people of this country, and I just urge my people . . . this year you will see a lot of foolishness happening. You will see money being released for education —money that they cut in previous budgets —and our children still cannot get jobs. But there will be some jobs available for our children this year because of the election com-ing up . . . not for long. They will have them and they will spend a lot of money, but the money that they are spending on these legal challenges, let us put it that way, and allegations. It is not their money and that is why they are spending to the tune that they are spend ing right now. We cannot . . . I would ask them . . . they be tter get a hold of themselves. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will recognise the Honourable Member from constituency 39—33, sorry —MP Jamahl Simmons.
Mr. Jamahl S. SimmonsI do not know if that is a promotion or a demotion, Mr. Speaker . [Laughter]
The SpeakerThe Speaker[Constituency] 39 is not even in here! [Laughter]
An Hon. Member An Hon. MemberOut to sea!
Mr. Jamahl S. SimmonsMr. Speaker, the Chinese philosopher Confucius once said, Before you embark on a journey of revenge, dig two graves . In my opi nion, this journey of revenge is nothing more than that. But instead of two graves, one for their intended victim and one for themselves just in case, …
Mr. Speaker, the Chinese philosopher Confucius once said, Before you embark on a journey of revenge, dig two graves . In my opi nion, this journey of revenge is nothing more than that. But instead of two graves, one for their intended victim and one for themselves just in case, this Government has potentially dug 65,000 graves and they have signed all our names on what could potentially be an international suicide note. And to what gain, Mr. Speaker ? And to what gain? Mr. Speaker, we on our side believe that if crimes a re committed they should be punished. We believe if laws are broken, they must be addressed. But, Mr. Speaker, it is clear that this is not about justice. It is not. This is about a political entity that was wiped off the face of the earth by the former leader of our party. It is about a political entity that was so damaged and so brutalised it had to change its name, change its logo, find a few new faces to stick out front because they were so damaged. So there is a r evenge component. For years, the lynch mob has had the rope ready, they have been on their horses, they
Bermuda House of Assembly have been riding up and down the countryside promi sing there will be a lynching. Promising there will be a lynching! So the blood is up. The fever is up. But in your quest you are dragging down the rest of us, Mr. Speaker . Mr. Speaker, the rapper Tupac once said, You’ve got money for wars, but you can’t feed the poor. You are funnelling money away from the needs of our people —the unemployed, the homeless, the hungry, our seniors, to pursue wh at appears to be a plot of revenge. Mr. Speaker, it is interesting. When things like this go on in the community, when wrongdoing goes on in the community, we are very quick to hear the One Bermuda Alliance MPs and people who sit in another place say, If y ou know something, say something. Mr. Speaker, this is a party that ran on values of openness, transparency and accountability. But do you know what are the new values of this par-ty, or the real values? No snitching. Their values are no snitching because we sat here and we have come and brought forward serious allegations against this Government, that their beha viour has jeopardised our relationship with our largest trading partner, historically, our largest ally, and not one Member of the Cabinet besides the Honourable Attorney General at the centre of all of this, has stepped up to justify. And the question remains, Are your values openness, accountability and transpare ncy? Or are your values no snitching? Are your values the values of the street where criminals do not snitch on other criminals, Mr. Speak er? Who knew what? And when? And if you know something, say something. This is not about politics, because after the election whoever is in power will have to deal with the ramifications of these actions — whoever is in power, whether it is us or them. And it is short -sighted, it is irresponsible, particularly from a Government that proclaimed itself as the business minds, the people you could trust to go to Washington and talk to people around the world. This is reckless and irresponsible. And for the Attorney General to not answer straightforward questions and to use every excuse in the book to try and to justify it is shameful. And it is a collective shame that has spread over 19 . . . well, now, 18 Members of the One Bermuda All iance, because those who know something are not saying something, Mr. Speaker . No snitching. The word of the street and, it appears, the word of the OBA. Mr. Speaker, we knew that the year leading up to the next election would be perhaps one of the nastiest and dirtiest in Bermuda’s history. Mr. Speak-er, we are aware of some of the activities that occurred in the last election. We are aware of the alleg ations of people buying votes, moving voters to constit-uencies where they do not live. We are aware of some of the nasty, dirty tactics that were allegedly funded by a casino developer , in large part. Mr. Speaker, this is just the beginning. It is our belief that this Government tends to cling to power by any means necessary. They are determined to cling to power by any means necessary. The reputation of the country in the world? Not important. The sanctity of our relationship with our largest trade partner? Not important. Revenge and power are what appear to be the most important considerations. Mr. Speaker, last week the Honourable Premier released a statement where he proclaimed how eager his colleagues were to come to work. They were so eager they were in the House at 5:00 am, Mr. Speaker . So 5:00 am, 6:00 am, they came early b ecause they were so excited. They were so eager! Any day to serve the people is a good day, and we are here to work. All right? But, now we flash forward and we have an issue of great importance; we have had many issues of great importance. But that same level of verve and energy and vigour has not been present. No, Mr. Speaker, no snitching. So I will renew my call. Those who know something, say something —not for your party but for the country. If you know something, say something. Who knew when the Department of Justice contacted this Government? Who knew the details of that call, and who in Cabinet knew about this case being filed before it was filed? Who knew? It is time for some honesty, Mr. Speaker, and I am sure that you know this will inspire some people to try and find a deflection, try and find a distraction. But unless you are getting to your feet to tell the truth about what happened this week in your pursuit for vengeance, in your pursuit for what you perceive, and you have told people, is justice for your lynching, stay on your seat. Stay in your seat. If you are not going to get up and tell the truth and answer the questions, stay in your seat, because you are wasting our time and you are wasting the peoples’ time. The people are hip to you, Mr. Speaker —not you, Mr. Speaker, but they are hip to our Government. They are hip to them. The playbook is played out. We know what will come next. Well, the PLP did it, too. Well, back in 1963, so and so and so and such. We have heard it all before. We know it. The playbook has been played out. Nothing new and nothing original will come up. But if a person is willing and has the courage and has the bravery and has the compassion for the people of this country, they will get on their feet and they will, a s they say, if they know something, say something. Thank you, Mr. Speaker .
The SpeakerThe SpeakerThank you, Honourable Member . The Chair will recognise the Honourable Member from constituency —I see you, Tyrrell! But I am calling on the Honourable Member down there. [Laughter] 694 17 February 2017 Official Hansard Report Bermuda House of Assembly The Speaker: You have to wait MP Tyrrell. I am …
Mr. Shawn G. CrockwellThank you, Mr. Speaker . You have to keep that rookie in check, Mr. Speaker .
The SpeakerThe SpeakerAbsolutely! He is new up here. [Laughter]
Mr. Shawn G. CrockwellMr. Speaker, I actually planned to speak on a separate matter than w hat is being discussed tonight, a matter that I think is also very important and a matter that I believe touches on you as well, Mr. Speaker. As you know, a few weeks ago we had a …
Mr. Speaker, I actually planned to speak on a separate matter than w hat is being discussed tonight, a matter that I think is also very important and a matter that I believe touches on you as well, Mr. Speaker. As you know, a few weeks ago we had a historic vote in this House where in my time I cannot recall another time where a Speaker has cast the deciding vote. I would like to address some information—
The SpeakerThe SpeakerThe second time that I have had to do it.
Mr. Shawn G. CrockwellA second time that you have had to do it. Well, obviously, then I must have seen it before. But, Mr. Speaker, there has been i nformation that has come to my attention that I think is relevant and important to flesh out in this House. I think last week …
A second time that you have had to do it. Well, obviously, then I must have seen it before. But, Mr. Speaker, there has been i nformation that has come to my attention that I think is relevant and important to flesh out in this House. I think last week I wanted to do it, but of course the airport debate was the main focus and t oday we have the focus on the proceedings which were commenced in Boston. So I will delay discussing that, Mr. Speaker, to a more appropriate time. So I was not really prepared to address this issue although I want to talk about the impact this par-ticular situation is having on the patients, Mr. Speaker, of both the Bermuda Healthcare Services and Brown-Darrell Clinic. I will get to that in a minute. But first of all, Mr. Speaker, let me say that these allegations are extremely serious. There are allegations of bribery, corruption, and allegations of collusion and conspiracy in relation to a very prom inent entity in the United States. I believe that these particular allegations and this particular proceeding can have long- term and far -reaching consequences. Whether they are good or bad, they will be significant, Mr. Speaker. And it involves a former Premier of this country who is prominent, Mr. Speaker, in his own right.
[Inaudibl e interjection] Mr. Shawn G. Crockwell: Is that the rookie again, Mr. Speaker ? [Laughter]
Mr. Shawn G. CrockwellMr. Speaker, it deals with a prominent individual, a prominent physician who has made a name for himself in the United States. I have been to various places and he is highly respected for many things he has done there, particularly when he was at Howard University and when he …
Mr. Shawn G. CrockwellPracticed medicine— in California, Mr. Speaker. As well as the fact that he came here and was Premier of Bermuda for four years. And it also involves a very respected medical facility in the United States of which I have utilised, Mr. Speaker, and I know of many Bermudians who …
Practiced medicine— in California, Mr. Speaker. As well as the fact that he came here and was Premier of Bermuda for four years. And it also involves a very respected medical facility in the United States of which I have utilised, Mr. Speaker, and I know of many Bermudians who have utilised that facility. And they are all blown away by the facility itself and by the level of service that they received there and the standard of care that they r eceived there. We have heard already tonight . . . I have, you know, read the articles in relation to this matter and the Lahey Clinic have already responded in a very robust way stating that they will defend their reput ation vigorously, Mr. Speaker. We have heard from the former Premier that he intends to do the same thing. So, I think we need to put on our seatbelts because this is going to be a long and bumpy ride, Mr. Speak-er. As the Honourable Member from constituency 6 stated about the cost of this type of litigation, you may have seen, Mr. Speaker, in yesterday’s Royal Gazette where the former CEO of AIG, Hank Greenberg, was talking about his 12- year case in New York which dealt with fraud. Mr. Speaker, 12 years, and they have just settled the case and he stated that he spent over $200 million. He personally spent over $200 million in his legal defence. So that is just a snapshot of the type of process and the type of con-sequence we may be looking at down the road. But as the Honourable Member who just took his seat and others will say, I concur that if wrong has been done then it needs to be addressed. I have no problem with that. And the way you address it is you address it through the judicial and legal process. That is what it is there for, Mr. Speaker . But I have to say this, and I am not going to get into the breach of Treaty because, Mr. Speaker, I
Bermuda House of Assembly have not researched that. So I have no opinion on that at this stage. I have seen a copy of it, and I will have a look. And I certainly cannot speak to whether or not this was a unilateral decision by the Attorney General without the approval of Cabinet. If that is the case that is a serious situation, Mr. Speaker, and I am sure the Government will address that. I cannot speak to those things because I do not have knowledge of them at this point in time. But I will say this: I would hope that when the Attorney General made the decision to file this suit that he was satisfied that he had very strong and i ncontrovertible evidence. Time will tell, because we have a habit in Bermuda of making allegations — particularly against public officials, Mr. Speaker —and those allegations are not substantiated. And people’s reputati ons become sullied and undermined in this country. We have a habit of that. I can recall when I was the chairman of the United Bermuda Party going into the 2007 election, the calls that I used to receive about who were major drug importers in Bermuda and who were doing this and doing that. I would say, W ell, do you have any evidence? They would say, Well, this is what this person told me, or . . . people would call me and say, You need to— particularly when I was a Member of the Opposition in the House— You need to say this in Parliament, which were serious allegations against Members on the other side. I would say, Well, you need to go say it on ZBM first . And they would say, No, no, no, no, no, I am not going to do that . But they want me to get up in Parliament and impugn people’s integrity and character and I cannot support it. I have no evidence to su bstantiate it. It is wrong. And I am going to say this, Mr. Speaker, because I have been meaning to say this for some time: When I became the Minister for Tourism and Transport and I formed a good relationship with my permanent secretary at the time. And one day we were talking about the ferry that we were bringing in, we were leasing the ferry, and I just said to him, You know what? I am curious. What do you know about Dr. Brown getting his own luxury yacht out of the ferry deal when we brought in the fast ferries? I said, you know, What is on record? What do you have? And he looked at me and he said, Minister, that is utter nonsense! Utter nonsense! I said, What do you mean it is utter nonsense? I said, There has got to be something. I was told that they have pictures of this yacht in the Turks & Caicos! You don’t have a copy of the picture?
[Laughter]
Mr. Shawn G. CrockwellAnd he said to me, he said, Minister, I was involved with every step of this pr ocess. He said, It is impossible for such a deal to have been brokered without me having an inkling that it was happening. He said it was impossible. And I said to m …
And he said to me, he said, Minister, I was involved with every step of this pr ocess. He said, It is impossible for such a deal to have been brokered without me having an inkling that it was happening. He said it was impossible. And I said to m yself, But it is widely believed, and peop le say it all the time that Dr. Brown got a yacht out of the ferry deal. Not one scintilla of evidence has been produced. But what happens is the rumour takes root and it becomes the truth and the damage is done. And do you know what, Mr. Speaker? There have been people on the OBA side that have also been affected by the same thing. Our own Premier has been accused—I believe falsely —of things, and people going on YouTube and stuff like that. Unless you can prove it, Mr. Speaker, it is wrong. It is wrong. So I am just saying today . . . in fact, I am a bit glad that there may be some resolution whether or not there were breaches of treaties and the like, apart [from] that, because this has been going on too long. And I will say right now I am friends with D r. Brown. I have always respected Dr. Brown, and I can give you a litany of stories why I have a great deal of respect for Dr. Brown. Here was a man when he was the Premier of this country and I was applying to be called to the Bar. He provided an affidavit of support for my application as well as others. The Premier did as well, the current Premier. There were other Ministers at the time . . . the late Nelson Bascome did, and the former Minister Dale Butler did as well. But when I was called to the Bar, t he late Chief Justice Ground drew reference to the thenPremier’s affidavit (who was a political adversary of mine at the time). But he recognised the importance of supporting me in that regard. That is the type of ind ividual he is, and I would tell him face to face . . . and we have had frank conversations in the past. And I would tell him, Dr. Brown, if these allegations are true you need to answer them. But he has made it abu ndantly clear that they are not and until they are proven I will give him the benefit of the doubt. But we need resolution to this. It has been g oing on for too long. The investigations are going on for too long. Too long, Mr. Speaker! So I am hopeful . . . I do not believe I will be in this Honourable House when it is resolved because it is going to take some time. But I am hopeful that we will finally get some resol ution. But the question is going to be asked, how much damage will be done? And clearly there is going to be a lot of money spent defending people’s integrity and defendi ng their character. So, we will have to let the process take its course. But I want to talk for the last —I do not know, do I have 10 minutes, Mr. Speaker ?
Mr. Shawn G. CrockwellFor my last eight minutes, Mr. Speaker, I want to talk about the impact this has had— this investigation, the raid on those two clinics — on the clients, on the patients of those clinics. 696 17 February 2017 Official Hansard Report Bermuda House of Assembly Now, let me declare …
For my last eight minutes, Mr. Speaker, I want to talk about the impact this has had— this investigation, the raid on those two clinics — on the clients, on the patients of those clinics. 696 17 February 2017 Official Hansard Report
Bermuda House of Assembly Now, let me declare my interests. I have been retained by one patient, and I have a list of names of patients who are interested in taking action, and rightfully so, Mr. Speaker, because there is a thing called patients’ rights. There is a thing called medical rights. And there is a thing called human rights, Mr. Speaker . And they were violated. They were violated when the police seized and confiscated hundreds of medical records, Mr. Speaker —hundreds. Now, can you imagine if you were one of those patients and the anxiety you would feel of hav-ing strangers, potentially —because I do not know what happened to those records —having access to your medical records, being able to read your medical history? One of the most sacrosanct relationships is between a physician and his or her patient. There is a level of confidence and trust that a patient has to share those intimate situations that impact their health, their health conditions. And a good physician will take comprehensive and detailed notes. And those notes would be evidenced on the file. And when a patient walks away from those clinics they need to have the confidence that their confidentiality is secure and just not anyone would be able to have access. So I can tell you, Mr. Speaker, patients are extremely distressed and they are extremely co ncerned with what has happened to their files and what has happened to their personal information. I was in-formed just today that even recently there have been copies made of certain files. So the questions are, Who had access to those files? What happened to those files once they were in the police’s custody? Who saw them? I mean, the mere fact that an indivi dual’s—a patient’s —identity is disclosed is a breach. That is a breach. It is no one’s business who my doctor is, Mr. Speaker . Just like it is no one’s business when I am retained as an attorney. That is privileged. I cannot go out and say such and such a person retained me un-less I have their consent. And so the mere fact that names were potentially seen on these files was a breach of those patients’ rights. But let alone the potential that persons just out of curiosity . . . this is Bermuda, Mr. Speaker. Just out of curiosi ty . . . Oh, that is so and so from down the road, let me see what she’s got , and reading the files and then disseminating either verbally or other-wise what they discovered. Mr. Speaker, that is dangerous. I need to find out what the justification was for taking the patients files. People need to know . The police stated, the police spokesman said that all rea-sonable care was taken to secure patient confidential ity. Well, we need to understand and hear exactly what they did , because it is not right. And I will tell you I have been in meetings with patients and they have been in tears . You know what one patient said to me? Am I a suspect? Will they be coming to arrest me? Did I do something wrong by getting an MRI? This is what is going through the minds of these individuals , some senior citizens, Mr. Speaker . And they are going through stress and anxiety unnecessarily, unneces-sarily. So, I stand today to make a clarion call on their behalf , and I am hopeful that the Commissioner of Police or a spokesperson of significant rank in the police service will come forward and explain exactly how those files were handled and managed. I am hopeful that their explanation will bring some solace to the patients who were affected, Mr. Speaker. I started by saying there will be consequences as a result of this. I am hopeful that there will not be international consequences as it relates to us as a jurisdiction. But already we are seeing those cons equences. Already we are seeing them just by patients feeling violated because their information . . . they do not know if their information is now out there for an yone to know. I say, Mr. Speaker, based on that point alone, this has been regrettable. So, Mr. Speaker, I hope that at the end of the day we get some resolution to the situation. I hope that we get the answers from the Government to put to bed some of the concerns raised by the Opposition in due course, so that this process . . . because this is an important and serious process. The integrity of the process is important, Mr. Speaker . The integrity of the process , because sometimes . . . and I have said this before. Sometimes it is not what you do , but it is the methodology and how you do it . And if the methodo logy is flawed, Mr. Speaker, that can also have a nega tive impact on the process itself. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Member care to speak? The Chair will recognise the Honourable Member MP Tyrrell from constituency 26. You have the floor.
Mr. Neville S. TyrrellMr. Speaker, first of all let me say that I am not worried that the Independent Member got to speak before me, because I do understand that seniority has its privilege. So I am happy that you have actually just recognised me. H ow is that ? Mr. Speaker, the …
Mr. Speaker, first of all let me say that I am not worried that the Independent Member got to speak before me, because I do understand that seniority has its privilege. So I am happy that you have actually just recognised me. H ow is that ? Mr. Speaker, the Learned and Honourable Attorney General started off his comments by using the term “ politics of distraction ,” and he did not say it in a kind way to my colleagues and I . But I would like to say that maybe we should say that he is using pol itics of deflection. Let me also say , and I think my colleagues will probably get tired of me using this phrase each time I get up to talk , but I will say , If you start off wrong, you will end up wrong. It is as simple as that.
Bermuda House of Assembly Now, let me say that our side . . . we are seek ing clarification. This is a very serious issue that has taken place where the Government has taken out a suit against what I would call one of the most power-ful medical facilities, I think, in the US. So I would hope that they have their ducks in a row , because I do not believe that Lahey are going to take this sitting down. We are seeking clarification because we are the ones who are knocking on doors and our constit uents are asking us what is going on. The Learned Member who just sat down went to the extent of sa ying that, you know, seniors are worried. Have I done something wrong? You know, Am I caught up in this? Am I a suspect or something? So we are looking for clarification. Now, I am a little bit concerned that there is a bit contempt being shown to us as the loyal Oppos ition bringing this subject up, because the benches of the Government right now . . . those in the radio audience really cannot see it . But they are basically em pty. So it is obvious that they are not interested in what we hav e to say. But we need to seek the answers to the questions. Bermuda’s reputation is under threat. If this really blows up and blows up in the wrong way, our reputation really, the TI [EA]’s are really going to be at risk here. I am really surprised that the Attorney General wanted to try and close down the discussion on this by using the term sub judice. We have had it clarified that the matter is not sub judice . You yourself, Mr. Speaker, seem to be very comfortable in allowing us to have some discussion on this matter. [Inaudible interjection]
Mr. Neville S. Tyr rellWell, exactly so . But I am just surprised that that was one of his opening bowls that he used to just want to shut down the discussion on the matter. But what I think is really going to run through this country is that all of a sudden the …
Well, exactly so . But I am just surprised that that was one of his opening bowls that he used to just want to shut down the discussion on the matter. But what I think is really going to run through this country is that all of a sudden the Government seems to have found money to do something like this. I am sure the teachers, the civil servants must be sa ying, We have not had a raise for a while, but yet they can come up with this money to bring this suit . So I am really hoping that the Government have their facts right. Or, I am really not hoping that they have their facts right , but I hope they know what they are doing on this one because I do believe it is going to fall back and it is going to be like egg on our faces. So, Mr. Speaker, we are going to pursue, we are not going to let the fact that the Attorney General does not want to answer . . . h e is going to have to answer someday. So, we will just wait our turn on that one. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. Any other Honourable Members care to speak? The Chair will . . . you all don’t want to go home tonight, or what?
The SpeakerThe SpeakerThe Chair will recognise the Honour able Member from constituency 3, MP Lovitta Foggo. You have the floor.
Ms. Lovitta F. FoggoMr. Speaker , what is at the forefront of my thoughts is this : In these last few sessions, well, quite a few sessions, what keeps bombarding my thoughts is the fact that I feel like I am be-ing subjected to a situation that clearly, for me, can be labelled …
Mr. Speaker , what is at the forefront of my thoughts is this : In these last few sessions, well, quite a few sessions, what keeps bombarding my thoughts is the fact that I feel like I am be-ing subjected to a situation that clearly, for me, can be labelled nothing other than a situation of misuse and abuse of power, Mr. Speaker. We on this side received quite credible information. And in reading the Treaty it clearly demonstrates and provides for us an answer to the fact, Mr. Speaker, that part of the Treaty has been violated in that the reason why the authority here in Bermuda placed in the courts or the court judicial system with the authority as outlined in the Treaty in the United States in Boston, I guess a civil suit without prior to that informing the authority in Boston of the conditions of this suit. If one fails to do that, in essence, they are in violation of the Treaty. Mr. Speaker, we have sat in this House and we had to endure as loyal Members of the Opposition when forced into a debate without all the requisite m aterials to make an informed argument regarding something as important that could see in the future a debt so great that you could perhaps call Bermuda a bankrupt Bermuda. When we as parliamentarians are forced to engage in debate without crucial information, as I have said before, Mr. Speaker, it violates our rights in that we cannot provide cogent argument on behalf of our people to make it understood why, in our belief, things are either good or bad for the country. Mr. Speaker, the Honourable Member who, I think , sits in . . . the Honourable and Learned Member who sits constituency 30 [sic] brought up a very i mportant point. He talked—
[Inaudible interjection]
Ms. Lovitta F. Foggo[Constituency] 31, sorry . He talked about having to be witness to cl ients who are sharing with him that they feel violated. 698 17 February 2017 Official Hansard Report Bermuda House of Assembly I can say, Mr. Speaker, if people who I deem do not have the requisite qualifications …
[Constituency] 31, sorry . He talked about having to be witness to cl ients who are sharing with him that they feel violated. 698 17 February 2017 Official Hansard Report
Bermuda House of Assembly I can say, Mr. Speaker, if people who I deem do not have the requisite qualifications to be perusing through my medical files, they definitely are being made privy to information that they ought not to be made privy to, and I do not even . . . in my humble opinion, I do not even feel that they have the so- called required credentials that would afford them the proper ability to be able to go through such files, to be able to discern through them what is valid and what is not. And they certainly would not be able to go through them without uncovering private confidential infor-mation about my state of health. And to me, Mr. Speaker, that is a violation of the confidentiality code that exists between doctors and patients and the manner in which such information was acquired to me is a travesty, Mr. Speaker, and that is why I term things misuse and abuse of power. Mr. Speaker, it is sad that just about every day does not pass without me having to listen to someone lament about how they feel that they are in a Bermuda that they never thought that they would ever see again, where they feel that the powers that be operate in such a way that they have no other label to give them but oppressors. This cannot be the proper atmosphere for a country that we would call a dem ocratic country. This cannot be the proper term if we are indeed up here arguing on behalf of the people and their rights when it seems that at every single turn, Mr. Speaker, it is those very rights that are being violated. So, Mr. Speaker, when we seem to have a Government that continues to walk down that path to the extent where, as has been stated by everyone who has stood up (just about) and spoke out of con-cern for what is transpiring with our most valued par tners and, more specifically , with an institution such as Lahey , that action would be taken that would render an institution like that to a position where they think that they may be having to address reputational risk , and in a manner in which it is deemed that information was brought forward t hat violates even doing it in the first place, then everyone needs to stop and say , When is enough, enough? As the Learned Member from constituency 31 said, it has gone on too long. And, yes, if there are entities which are guilty of some wrongdoing, no one is saying that they should get away with it. What we are saying is that there is an abuse of power that would see constant ongoing victimisation of certain individuals in this country , and one would take it to the extent that it would risk the reputation of an interna-tionally renowned medical institution in order to try and prove that what is being said is correct. For six years, Mr. Speaker, Bermudians have been subjected to one type of witch- hunt after another (I would call it ). After it has gone on so long, I cannot help but look at it in any other way than that. And to resort by any means necessary is totally irresponsible for those of us who stand in this Chamber and are supposed to be role models for the rest of the people who live here in our precious Bermuda. We cannot keep quiet on something like that because if it is Sam today, it could be Sally tomorrow , or anybody else. And this is unacceptable. We have example after example. Raiding peoples’ private bus inesses , hauling people into court —all of them are testament to abuse of power and it needs to stop. We were not put here to operate in such a manner and I fear, like many who have stood, that this in some way shape or form may end up being the death knell in many ways for us here. We in Bermuda cannot afford that, Mr. Speaker, we cannot. So, Mr. Speaker, and the OBA Government, all I can say to you is [ cease] and desist in this type of action that only has the overall [effect] of eroding public confidence in those of us who have been elec ted to serve in the best interests of our people, not to their detriment. And on that note, Mr. Speaker, I will take my seat.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Member, MP Rabain, Diallo Rabain from constituency 14—
The SpeakerThe Speaker[Constituency] 13, excuse me. You have the floor.
Mr. Diallo V. S. RabainMr. Speaker, I think ever yone gets the gist of what is going on here. First of all, I want to say that I believe that every single Member here, Mr. Speaker, feels that if someone has done wrong or done something illegal they should be brought to justice. I …
Mr. Speaker, I think ever yone gets the gist of what is going on here. First of all, I want to say that I believe that every single Member here, Mr. Speaker, feels that if someone has done wrong or done something illegal they should be brought to justice. I do not think that is a question that any of us are actually having here today. What we are having here today, Mr. Speaker, is a conversation, once again, about the One Berm uda Alliance and this level of mistrust that just conti nues . . . this level of distrust amongst the frontbench that just is continuously being put upon our people. Today, Mr. Speaker, was a simple questi on. You were not here, so I do not know if you were listen-ing. But the simple question was, Has the Attorney General been contacted by the Department of Justice in the US? It is a simple question. It is a simple yes or no. And that is all we were asking for. We were not asking for any intimate details of the case or any other paperwork that had been filed. No one was asking any of that. It is a simple question: Has the Department of Justice contacted the Attorney General? And all we got was avoidance, avoidance, avoidance. Mr. Speaker, this is a pattern. We go back to the week before. Simple questions were asked. Avoidance. We go back to an earlier session. A si mple question asked of another Cabinet Minister. Avoidance. Simple question, D o you agree or dis agree with the Premier when he called the teachers
Bermuda House of Assembly mischievous for complaining about mould issues? No answer given. As a matter of fact, early today the reply was, you know, I am not going to get into that. It was a simple question. The people want to know what you are thinking because, Mr. Speaker, as I get up here week in and week out, it is about trust. And if you cannot answer basic questions, you cannot build trust. If you cannot build trust, you are not a Government that needs to be leading the people of Bermuda. But, Mr. Speaker, we get into this again and, you know, time and time again we see all of a sudden there is money for things. There is money for lawsuits. There is money for America’s Cup. There is money for . . . now all of a sudden the roads are getting paved all over the place. You know, signs are being painted. All of a sudden there is money. We have the Minister of Education standing up and announcing a wonderful programme, this wonderful programme where we are putting in more money for scholarships. But guess what, Mr. Speak-er? The One Bermuda Alliance cut the budget for the same type of awards that they are going to award now from $750,000 [to] $50,000 to $40,000—
POINT OF ORDER [Misleading] Hon. R. Wayne Scott: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes, Minister, yes? Hon. R. Wayne Scott: T hat Member needs to be very clear of what he is talking about because —
The SpeakerThe SpeakerJust, what is your point of order? Just correct him. Hon. R. Wayne Scott: He is misleading the public because under my tenure as the Education Minister there has been no cut in any scholarships at all.
The SpeakerThe SpeakerThank you. Hon. R. Wayne Scott: They have been increased.
The SpeakerThe SpeakerThank you, Minister. [Inaudible interjection] Hon. R. Wayne Scott: C larify that.
The SpeakerThe SpeakerThank you, thank you, Minister. [Inaudible interjection]
The SpeakerThe SpeakerJust a minute. Everybody, just take your time. The discussion has been well . . . I have been very, very . . . you know, we are here to provide scrutiny in an appropriate way. Honourable Member—
Mr. Diallo V. S. RabainThank you. Thank you, Mr. Speaker . And I will reiterate it again, and I will say it a little bit slower so the Member can understand. The One Bermuda Alliance Gover nment cut scholarships from $760,000 to $40,000. The scholarships that were to pay for people who can show …
Thank you. Thank you, Mr. Speaker . And I will reiterate it again, and I will say it a little bit slower so the Member can understand. The One Bermuda Alliance Gover nment cut scholarships from $760,000 to $40,000. The scholarships that were to pay for people who can show financial need. That is what they cut. That is what they did. So if that Member wants to do a point of order, please—
POIN T OF ORDER [Clarification] Hon. R. Wayne Scott: Point of order, Mr. Speaker .
The SpeakerThe SpeakerYes, Minister? Hon. R. Wayne Scott: I knew they were going there so I actually looked it up this morning in the Budget Book. And if you look, Mr. Speaker, on page C-17 of the Estimates of Budget for . . . you will see going back years that is …
Yes, Minister?
Hon. R. Wayne Scott: I knew they were going there so I actually looked it up this morning in the Budget Book. And if you look, Mr. Speaker, on page C-17 of the Estimates of Budget for . . . you will see going back years that is not the case. If they are picking numbers that have been taken from one area of scholarships to another area of scholarships, look at the total. Read!
The SpeakerThe SpeakerAll right. Thank you. Thank you, Honourable Member. All right, stay off that line, Honourable Member, just staff off —
The SpeakerThe SpeakerStay off that line, if he is reading from the Budget Book. But carry on, carry on.
Mr. Diallo V. S. RabainBut, Mr. Speaker, if you will allow me some latitude because I was about to say —
The SpeakerThe SpeakerHonourable Member, I am not going to allow you too much latitude, but I will allow you some latitude.
Mr. Diallo V. S. RabainIf that Member will go back to the first Budget it dropped to $40,000 and it slowly has incrementally come up since then. So it is not at $40,000 now, but it went from $760,000 to $40,000 in two years, and it has slowly crept up since then. That is …
If that Member will go back to the first Budget it dropped to $40,000 and it slowly has incrementally come up since then. So it is not at $40,000 now, but it went from $760,000 to $40,000 in two years, and it has slowly crept up since then. That is a fact and he cannot disagree with that —
Th e Speaker: Okay, okay. Continue on now.
Mr. Diallo V. S. RabainThank you, Mr. Speaker . 700 17 February 2017 Official Hansard Report Bermuda House of Assembly POINT OF ORDER [Clarification] Hon. R. Wayne Scott: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes, yes. Hon. R. Wayne Scott: I am now looking at the Budget Estimates going back, which actually takes it back even a year further. I would ask that Member to get a Budget Book and know his facts before he speaks —
The SpeakerThe SpeakerHonourable Member! No, no, no. Just correct it. Just correct what was said. Just let me know what is correct. That is all. Hon. R. Wayne Scott: Mr. Speaker, he is incorrect.
The SpeakerThe SpeakerYes. Hon. R. Wayne Scott: Because I am looking at the Budget Estimates going back now since 2013 which was our first budget. That is not the case. The actual total grants and budget number was $1.8 million approximately. You know, now, come on, man.
The SpeakerThe SpeakerAll right. Hon. R. Wayne Scott: This is ridiculous.
The SpeakerThe SpeakerHonourable Member , carry on.
Mr. Diallo V. S. RabainThank you, Mr. Speaker, I will actually move on from that. I will address that at a later date. [Inaudible interjection]
The SpeakerThe SpeakerHonourable Member , you have had your correction. You have had the opportunity to correct—
Mr. Diallo V. S. RabainWe will send out pictures of the budgets to prove that and then he can come back. [Inaudible interjection]
Mr. Diallo V. S. RabainNo, no, it was just the OBA Government. But, Mr. Speaker, this speaks to . . . what I am trying to say is we have civil servants that have not had a raise in eight years. That CBA [Collective Ba rgaining Agreement] is coming up this year —
An Hon. Member An Hon. MemberTwo eleven?
Mr. Diallo V. S. Rab ain[Yes,] 2- 11, That CBA is being negotiated this year. So, so we have money for all these wonderful things, but we do not have money for the people. This is what I am trying to say. Mr. Speaker, we have schools, as the Leader of the Opposition had poi …
[Yes,] 2- 11, That CBA is being negotiated this year. So, so we have money for all these wonderful things, but we do not have money for the people. This is what I am trying to say. Mr. Speaker, we have schools, as the Leader of the Opposition had poi nted out last week, with no Wi-Fi. Simple; this is like basic, basic stuff. We had a statement this morning about school break -ins. Not hing in that statement talked about what the Ministry is going to do to make schools safer. Not one word men-tioned in there . . . nothing about more security, more cameras, nothing. We do not have money for that, Mr. Speaker .
POINT OF ORDER [Misleading]
Hon. R. Wayne Scott: Point of order, Mr. Speaker.
The SpeakerThe SpeakerYes? Hon. R. Wayne Scott: The Member is misleading the House. That is incorrect information. The Statement —
The SpeakerThe SpeakerWas that in the Statement? Hon. R. Wayne Scott: Absolutely. What we are doing with the police—
The SpeakerThe SpeakerAll right, thank you. Hon. R. Wayne Scott:—with GET Security —
The SpeakerThe SpeakerThank you, Honourable Member . [Inaudible interjections]
Mr. Diallo V. S. RabainI am sorry , Mr. Speaker, nothing in his Statement talked about what they are doing to improve security. I am sorry you were not here this morning, but it was absolutely nothing there.
The SpeakerThe SpeakerNo, I do not know what is in that Statement. Who has got that Statement? [Inaudi ble interjection]
The SpeakerThe SpeakerLet me see, let me see it. Go ahead, do you have something to read from the Statement that corrects that? Hon. R. Wayne Scott: Absolutely, Mr. Speaker —
Mr. Diallo V. S. RabainYes, please read. Bermuda House of Assembly Hon. R. Wayne Scott: We are—
Mr. Diallo V. S. RabainNo, read the Statement. Hon. R. Wayne Scott: We have police service, GET Security who are collaboratively working together to review—
The SpeakerThe SpeakerAll right, that is enough. That is enough. [Inaudible interjections and laughter ] Hon. R. Wayne Scott: It is in the Statement.
The SpeakerThe SpeakerThank you, thank you. But that is sec urity, so . . . please, Honourable Member stay away from that.
The SpeakerThe SpeakerStay away from that. I do not need to see it. I believe what you said if you have read it from the Statement. [Laughter]
Mr. Diallo V. S. RabainHe did not read the Stat ement. So, Mr. Speaker, getting back, and I really do want to thank the Member for the comedic relief we just had. But getting back, Mr. Speaker, it is about trust. It is about leadership. And I mentioned it last week, I mentioned it …
He did not read the Stat ement. So, Mr. Speaker, getting back, and I really do want to thank the Member for the comedic relief we just had. But getting back, Mr. Speaker, it is about trust. It is about leadership. And I mentioned it last week, I mentioned it the week before. I have men-tioned it just about every time I stood up in these Chambers and in the other place. It is weak leadership, Mr. Speaker . We have simple questions that are being asked and cannot be answered, and we have a leader that cannot direct his front bench to answer them. Weak leadership; weak Cabinet. Mistrust all around. If this lawsuit had violated the trust that this country has with the US, there are grave cons equences that can be as a result of that. That is a si mple fact. If a simple yes or no answer can clear that up, I think not only do these Members in here deserve to hear that, but the people of Bermuda need to hear that. And if the Accountant General can clear that up—
The SpeakerThe SpeakerThey should certainly know by now, because it has been flogged today.
Mr. Diallo V. S. RabainWell, Mr. Speaker, you know, it circuited. And you talk about cricket terms, well, when you are bowling on the mark, you bowl on the mark. And when all the team can do is defend, all they can do is defend. But, eventually, Mr. Speaker, as you know, as a …
Well, Mr. Speaker, you know, it circuited. And you talk about cricket terms, well, when you are bowling on the mark, you bowl on the mark. And when all the team can do is defend, all they can do is defend. But, eventually, Mr. Speaker, as you know, as a Cup Match winning captain, eve ntually that ball sneaks through and hits the wicket.
The SpeakerThe SpeakerIf I am bowling, yes. [Laughter]
Mr. Diallo V. S. RabainSo what we are looking at, Mr. Speaker, is that every week we come here and we just watch the ball just kind of nip away at the last m inute. You know, if you keep playing with it, eventually it is going to hit that stump. And this is …
So what we are looking at, Mr. Speaker, is that every week we come here and we just watch the ball just kind of nip away at the last m inute. You know, if you keep playing with it, eventually it is going to hit that stump. And this is what we are getting from our Government —weak leadership, lack of trust. The people need something that they ca n trust and so far this Government gives them nothing that they can hold on to, Mr. Speaker. Thank you.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will now recognise the Honourable Member, the Deputy Leader of the Opposition, MP, Roban, from constituency 15.
Mr. Walter H. RobanThank you, Mr. Speaker. Let me first say that as the Shadow Minister of National Security I have serious concerns based on a number of incidences that have happened over the years, some of which the Honourable Member w ho sits for constituency 3 has mentioned, of the either unwitting, …
Thank you, Mr. Speaker. Let me first say that as the Shadow Minister of National Security I have serious concerns based on a number of incidences that have happened over the years, some of which the Honourable Member w ho sits for constituency 3 has mentioned, of the either unwitting, or witting, use of the Bermuda Police Service for whom, on this side, we have great respect and regard its officers and personnel and its duty to this country, that either unwittingly or wittingly they are being used to accomplish political objectives, inc idences that, as have been referenced, the incursions into the businesses of Members of Parliament with no legal basis. What happened on December 2 nd, of which we are still waiting for ans wers. . . no commitment to an independent investigation, but we are still waiting for answers. Numerous complaints were filed with the Police Complaints Authority. And what we have seen recently with the investigation into the new [Bermuda] Healthcare [Ser vices], Brown -Darrell clinic, and obv iously what has been the subject of this discussion, the legal filing in the United States, in the state of Mass achusetts. But those are my concerns as the Shadow Minister of National Security. I will not spend time on any more of that at this point. But I am stating clearly that those are my concerns. Mr. Speaker, the Honourable and Learned A ttorney General, from constituency 9, certainly made some interesting comments today as it relates to this matter which has been introduced by the Shadow Attorney General, and the concerns that were raised during another point of our discussions today, and the failure of the Attorney General to actually answer those questions. It is interesting, the tone that the A t702 17 February 2017 Official Hansard Report
Bermuda House of Assembly torney General often takes, somewhat disparaging, and sort of describing it as a political act of distraction. Well, I guess we have become used to that sort of statement, because it seems as though if it is not us practicing the art of political distraction, it is teachers being mischievous —mischievous, when they are concerned about their own health and the health and care of the students of which they are professionally dedicated to care for within the institution of our schools. When they raise their voices of concern about the conditions which they are under, they are called mischievous by the leader of the country. So there is a pattern here, Mr. Speaker, somewhat of contempt, and condescending when the Government is held to account, certainly whether it be by members of the public or Members of this House. We saw it even with the debate that we had last week. People get tired of the efforts that are made to critique their argument around certain proposals and policies. Well, that is democracy. But, perhaps that is the tradition upon which the OBA comes from. Resistance should be minimal; compliance should be popular. But that is not how it is going to work. Not with this Opposition; not with many of the people in this country, around issues for which they care about. And I do not understand why after three and a half, almost four, years the OBA has not gotten to under-stand. Perhaps they do not understand democracy and the way that many of the people in this country have come to understand it should operate. But, Mr. Speaker, I will move on, because there are other comments I heard, particularly from the Attorney General. And there is this constant bring-ing up of the Uighurs. Whenever they get on a spot where they want to stick it into the Progressive Labour Party they bring up the Uighurs . Well, that in itself shows the depth, somewhat, of the ethical sort of standard upon which the Government often operates. The Uighurs are innocents in this whole process. But they are being mentioned, they have been mentioned as a way to stick it into the Opposition.
[Mrs. Suzann Roberts -Holshouser, Deputy Speaker, in the Chair]
Mr. Walter H. RobanBut the Uighurs are innocent. There is one thing I can say, because I know that the Attorney General understands some things. You know, that is the sort of stuff that some people used to say about the Portuguese too. The contempt, the remarks about their presence in this country. …
But the Uighurs are innocent. There is one thing I can say, because I know that the Attorney General understands some things. You know, that is the sort of stuff that some people used to say about the Portuguese too. The contempt, the remarks about their presence in this country. Peo-ple trying to just work who, perhaps, come here for reasons genuine as to advance their lives. The U ighurs were allowed to come here because they were actually part of a process of embarrassment to the United States. Now, people can debate whatever, how they came here and that, but why are they constantly put up as some tool to bring about disparaging com-ments? That is wrong. That is absolutely wrong. They are innocent. They did not want to be picked up by the US military in Afghanistan. They did not want to be imprisoned at Guantanamo Bay. They did not ask for that. They did not even ask to come here. We assis ted the United States in relieving themselves of an embarrassing situation. And unlike the situation that we are discussing here, that did not amount to any risk to Bermuda in any way. We were, at the time, helping our most important global partner. In fact, it enhanced our relationship with them and the administration at the time. It advanced our image internationally from the standpoint of human rights. And we even got a visit from the then- Attorney General of the United States as a result and even, one might argue, an informal visit from the then-Secretary of State following. So a number of things happened. In no way was Bermuda’s reputation or situation with any of its major partners at risk. Now, we do know the British made some noise. But that has all changed since then, because instead of exerting, or, say, pushing out their imperial chest and saying, Oh, we need to have dealt with this, they have now turned it into a Bermuda Government problem. So, the line that they were given back when this happened has totally changed. I say that if the Government wants to keep an ethical standard high themselves, stop using the U ighurs —four innocent persons —in this whole process. Right? Whatever will be their future will be their future. They are here now. They are under the custody and care of the Bermudian Government and the Bermudi-an people. And as far as I know, they have not creat-ed any problems for us. So the Government should stop. And it is irr esponsible for the Government who is actually responsible for their custody and care to be using them in that way. And for an Attorney General to do that, well, you know, I have to really question that. Anyway, I am going to move on from that. This matter that we are discussing concerning what has happened around this legal action . . . let me just say first that this should be our concern. And as somebody who has some background in international affairs, I do find it an extremely serious matter. And I find it a serious matter because this is not a unique situation that has been created by the Government. This is actually a legal action that has been filed in a foreign jurisdiction under the scope of a treaty. Right? This is essentially a country -to-country matter, Mr. Speaker. That means that it has been sanctioned by the highest authority of this jurisdiction, which would be the Cabinet and the Premier, under the advice of the Attorney General. Now, there are some concerns, because the facts as we know them are that the Department of Justice, as a result of this action, has made contact with the Bermuda Government. We also know from the sources that we have, which we believe and know
Bermuda House of Assembly to be reliable, that such matters, from the standpoint of Government, had to have been sanctioned by the Government. But it is our understanding that the Cab-inet did not approve this action or lawsuit before it ac-tually was commenced. That is something serious. But my understanding of international relations and government -to-government relations and things that happen under treaty obligations, you know, it is important that things be done properly, or else they bring risks to the treaty obligation, Mr. Speaker. They bring risks. And the Honourable Attorney Gen-eral earlier this morning failed to answer the questions put clearly on this matter. It is serious. Questions like the Honourable Member from constituency 17, who is also very knowledgeable of treaty matters and I am sure understands the gravity of the situation we have been put in . . . he and I share some academic ki nship, so we understand these things. So, it is important that due to the risks that may potentially have been presented by the action of the Government that answers be given. Not only that, there is a cost involved. Taxpayer money is funding this. Now, the other big picture to this, Mr. Speaker, is the Lahey Clinic itself, which is the subject of the action. Now, I speak here as a former Health Minister who is very familiar, as my former colleague who sits in constituency 29, with the relationship that has been developed w ith Lahey Clinic, intimately involved from the standpoint of ministerial level. But I will tell you this, I am also personally f amiliar, because I was a patient of the Lahey Clinic some years ago and received care from them facilitat-ed through my doctors at Bermuda Healthcare Ser-vices and other doctors here of which facilitated my need to go to Lahey. And I can tell you, at that point, Mr. Speaker, I was going blind. I was losing my ey esight in both eyes. I had to go to Lahey Clinic and be examined, and I had to have operations to save my eyesight. My retinas were bleeding into my eyes. And to this day, they do not understand why it was hap-pening. I had to go there and get care. I had oper ations on both my eyes, laser surgery as well, under the care of Lahey Clinic. So, when I get on my feet, I am not just doing this as a political person; it is a personal thing for me. My welfare was saved by my attendance and care at Lahey Clinic. I would not have been here if my ey esight continued to deteriorate and was not assisted in recuperation by the care given to me by the profes-sionals at Lahey. I would not be here. I was not an MP then either, but I certainly would not have taken the path that would have gotten me here today, or some of the things that came after that, because that ha ppened about 16 years ago. So, it is very personal, Mr. Speaker. In my condition I too have a relationship with Dr. Brown. He was my personal physician, prior to Dr. Reddy. So, both of these physicians, who have been the subject of some of these actions, are people that I have had connection with. I probably should retain the Honourable and Learned Member who sits for consti tuency 31, because my files might have been the su bject of that incursion. Maybe I should talk to him after the House is adjourned. I am serious. I mean this is serious. I have been a patient for decades of Bermuda Healthcare, almost from the very beginning when they came to Bermuda. My files may have been in that group of files that was the subject of the incursion that was compromised in that action. And that is why I raised my concerns about the Police Service as well. So there is a personal side to this, Mr. Speaker. Millions of dollars expended over six years, many man- hours by the Bermuda Police Service and other agencies. And yet nothing seems to have been found, other than what appears at this point to be a very scorched- earth policy deployed by those in po wer to somehow find something, despite the fact that other eminent agencies have already gone over this path. As a result, a treaty relationship could be jeop-ardised. This has impacts. Not only that, my concern as a former Health Minister is the relationship that right now, really, is under the custody of the BHB [Bermuda Hospitals Board]. It is my understanding that Bermuda Healthcare’s relationship with Lahey is very different now than it was years ago, and that now the BHB is the main facilitator, because we in Bermuda, as many know, have partner relationships with a number of healthcare organisations in North America, particularly to facilitate the best possible care for our Bermudians. Lahey has served thousands of Bermudians, or thou-sands of hours of care of Bermudians. And here we are, the Government unilaterally, with little notice, possibly not even going through the proper levels of approvals, potentially violating a treaty relationship, has gone after Lahey Clinic. I am not sure what to say any more about this, Mr. Speaker, other than there is an imminent risk and danger to, potentially, the care of thousands of our people as a result of this. Now, it is my understanding that Lahey Clinic has committed itself to continue to provide care to Bermuda. Its relationship is so sub-stantive that it can perhaps chew gum, play basket-ball, and run track at the same time. It can deal with this situation because it is an eminent top North American health organisation that perhaps deals with things like this all the time. As we know, the US is a very litigious env ironment. So places like Lahey Clinic perhaps have to deal with litigation all the time. So I do not doubt that they are doing what they need to do. I, from my standpoint, stand by the Lahey Clinic as having pr ovided me with excellent care and saved, certainly my eyes and welfare, and, certainly through Bermuda Healthcare Services and the relationship that they served me originally, has benefitted thousands of people. 704 17 February 2017 Official Hansard Report
Bermuda House of Assembly The Speaker: Two minutes.
Mr. Walter H. RobanI have seen no such evidence at this point that there is any issue. I have read some of the pleadings. They seem to be almost like a, I don’t know, a fairy tale with such exaggerations and flowery language, Mr. Speaker. But, the failure of the Attorney General to …
I have seen no such evidence at this point that there is any issue. I have read some of the pleadings. They seem to be almost like a, I don’t know, a fairy tale with such exaggerations and flowery language, Mr. Speaker. But, the failure of the Attorney General to answer questions put to him this morning was telling, as were some of the other r emarks. But let us hope (only hope is the last thing that I have, and probably I have little of that) that the Gov-ernment fulfils its obligation to the people of Bermuda, that it protects their interest in this, and we do not find ourselves as a country in a worse situation around healthcare after this is all said and done, and that we do not find ourselves being challenged to have the services of eminent health organisations like Lahey Clinic in the future. Thank you, very much, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Deputy Speaker.
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. I am pleased to have these few moments to speak this evening. I will start out with the words, You cannot cherry pick justice. Now, I think those words should . . . and if they do not resound in someone’s ears, let me just tell …
Thank you, Mr. Speaker. I am pleased to have these few moments to speak this evening. I will start out with the words, You cannot cherry pick justice. Now, I think those words should . . . and if they do not resound in someone’s ears, let me just tell you, Mr. Speaker, where those words (and I am just quoting words) . . . these were from a Member who sat in another place who was then the Mini ster of Peace and Justice, when he quoted saying we cannot cherry pick justice. This, Mr. Speaker, was af-ter the fact that a gentleman who was a civil servant had been arrested. Not only had he been arrested, he was actually held in custody for a period of 24 hours while they investigated. They raided his home, they raided his offices. And it was the likes of the then-Attorney General and one of the statements that was said in another place tallied on the fact that you ca nnot interfere, you should not want to interfere with justice. Mr. Speaker, I would request that we all bear in mind that at that time it was said that Bermuda would be put under a cloud as a result of international businesses as a result of arresting an Attorney General . . . the Auditor General. The reason, my understanding for arresting the Auditor General at that point, was the unhapp iness or the dissatisfaction of statements made in a presentation. An auditor’s report, I believe, for the period of April 1, 2004. But the report was actually pr esented due to the fact that there was concern. No one was given information on time. There was concern that documents could not be found to substantiate what money had been spent on, and on and on and on, Mr. Speaker. My point this evening is, like the Member who represented the then- Government back in 2007, who felt that you cannot pick what is justice, what I believe the gentleman meant was that if there is corruption, let corruption speak for itself; let the people understand and see what their corruption was. So, if it was good then, Mr. Speaker, then I have to ask where justice . . . and I am not saying what has been done was right or wrong. I am not. What I am simply pointing out is that we cannot cherry pick justice. If something is right, it is right and we will all stand up and say it is right. If something is wrong, or if there has been a question about perhaps unethical, perhaps corrupt, then let us find out. Let the justice system work so that we can actually either see the justices or injustices. But, Mr. Speaker, we cannot stand up and—
[Gavel]
Mrs. Suzann Roberts -HolshouserThank you, Mr. Speaker. Again, I have no intention of being long, the point of it being that we have an obligation that if the police felt, and if at that time it was felt that the police were doing their due diligence, that they were follo wing through with …
Thank you, Mr. Speaker. Again, I have no intention of being long, the point of it being that we have an obligation that if the police felt, and if at that time it was felt that the police were doing their due diligence, that they were follo wing through with investigations that they felt were nec-essary, necessary enough to arrest someone for a period of 24 hours, for a gentleman, the Auditor Gen-eral, who had never been seen to have done anything that was discrediting his character or his ability or his ethics. So, Mr. Speaker, at this point in time, while I understand where the concerns are, I would venture to say let’s not cherry pick justice. Thank you, Mr. Speaker.
The SpeakerThe SpeakerThank you, Honourable Member. The Chair will recognise the Leader of the Opposition, MP, David Burt. You have the floor. Hon. E. David Burt: Thank you, Mr. Speaker. Just about all of our Members are present tonight, Mr. Speaker. And it is interesting that not a single member of the …
Thank you, Honourable Member. The Chair will recognise the Leader of the Opposition, MP, David Burt. You have the floor.
Hon. E. David Burt: Thank you, Mr. Speaker. Just about all of our Members are present tonight, Mr. Speaker. And it is interesting that not a single member of the One Bermuda Alliance Cabinet has come to the defence of One Bermuda Alliance. Not a single Member that enjoys the collective r esponsibility for the action that the Attorney General has taken that has put our Treaty at risk has gotten up to defend his actions. And we heard something about Guantanamo Bay earlier. Well, Members may also not realise that this Treaty came into effect after the Uighurs came. And it is because of those types of relationships that are built that you get these types of mutual assistance treaties that you work together well. So, in one case we see actions which were taken, which the One Bermuda Alliance will want to criticise, which led, or could have been a factor in a treaty, and in the other case we have a Government that, by their very acBermuda House of Assembly tions in this particular case, could put the Treaty and all that hard work to get there at risk. Now, I just heard the Honourable Deputy Speaker take to her feet and talk about how you cannot interfere with justice. She is right. She may want to tell that to her Attorney General. She might direct it to him, Mr. Speaker, because our Treaty is not at risk for any matter other than the Attorney General doing things that the Attorney General should not do. And no, you cannot cherry pick justice. But you also ca nnot cherry pick words from a Treaty which was passed by the United States Senate and also in this Parli ament, Mr. Speaker. You cannot. A treaty is law. It is the highest form of law. It is what we are bound to do, Mr. Speaker. The Deputy Speaker might actually want to understand the difference between criminal and civil. Allow me to help her out. When it comes to a criminal matter, there have been no charges filed in any country, Uni ted States and/or in Bermuda. The interference is that we now have a civil complaint which has been filed in the United States which seems to contain i nformation that could have only come from a police investigation. And the question is, How on earth will the Government and the Attorney General have access to police information, or information that would be obtained by law enforcement, if no criminal char ges have been filed? Let us be real about what is going on here, Mr. Speaker. Let us be real. This is a Government that will try to do anything they can to try and gain a polit ical advantage while ignoring and not addressing the needs of the very people they serve. We have done five Government Bills over the past two weeks, Mr. Speaker. Two of them dealt with giving $2.4 billion of revenue away to a Canadian company, and two more that we did today discuss making sure that we take the actions necessary to protect our interest in our international business sector. But what about the people? They see $4 million going to this law firm, $2 million going to a law firm of which a Cabinet Minister’s wife just happens to be a director. We see $1 million here to this friend, and another million here to this family, and now today we see money being sent to the United States to a law firm for a civil trial, and a PR firm as well. Why on earth would the Government need to retain a PR firm for an action in the United States? A PR firm! But, but, we cannot afford to upgrade the security in our schools, and we cannot afford to give our children in middle school access to wireless Internet. Here is what we know, Mr. Speaker. This is without question, that the United States Department of Justice contacted the Attorney General of this country about possible violations of a treat y.
An Hon. Member An Hon. MemberWow. Hon. E. David Burt: That is a fact. And do you know how we know it is a fact. Mr. Speaker? Because nobody in this Parliament has risen to defend that. And when asked repeatedly, the Honourable Minister of Justice, the Attorney General, refused to answer. This disclosure has …
Wow.
Hon. E. David Burt: That is a fact. And do you know how we know it is a fact. Mr. Speaker? Because nobody in this Parliament has risen to defend that. And when asked repeatedly, the Honourable Minister of Justice, the Attorney General, refused to answer. This disclosure has put our Treaty at risk. There is no question about that, Mr. Speaker, because there are specific things inside of this Treaty which have been violated. And we know, because the Honourable Member from constituency 13 stood up, and also the Honourable Deputy Leader stood up when talking about Cabinet approval, how is it that Cabinet does not have knowledge of an action before it is filed? Something this serious, Mr. Speaker, this serious, where we are talking about a lawsuit against an incredibly reputable hospital which has saved hu ndreds of Bermudian lives and a lawsuit has been filed and Cabinet does not know about it? And somehow this is okay? Somehow this is acceptable? Somehow this is how we do business? Somehow we are engaging in the politics of distraction? No, Mr. Speaker, this is the very nature of why we are here. This Gover nment and this Cabinet are accountable to this Parlia-ment. And when they file a lawsuit, they are filing a lawsuit in all o f our names. So we need to know and understand why. So, when the newspaper asked how much money are they spending, why are they hiring a law firm and all the rest, we get nothing. Why won’t the Minister tell us? We asked. The Honourable Shadow Attorney General e -mailed the Minister yesterday [and] asked if he would make a statement. And the Honourable Attorney General, the top legal officer in the country said, No, I won’t because it is sub judice. Nonsense, Mr. Speaker. You know and I know and everyone knows that it is not sub judice, because the only things that are sub judice are things that are before our courts. He just does not want to provide the scrutiny and answer the questions here in Parliament, which could be seen by his deflecting, deflecting, d eflecting this morning. But the people of this country, Mr. Speaker, are not stupid. They have listened. They have paid attention. And even though some news media which print newspapers on a daily basis did not tell the peo-ple that he refused to answer th e questions, did not put the questions which were posed to him to say, Minister, defend, you cannot say you defend if you do not answer the question. Were you, or were you not contacted by the Department of Justice? Yes you were. Why is it that all the Cabinet Ministers are s ilent, Mr. Speaker? Silent. None of them will defend him. Now, Mr. Speaker, we keep talking about this US multilateral Mutual [Legal] Assistance Treaty. Let me read to you a few things from this Treaty which, Mr. Speaker, as I said, was passed by the United States Senate. One of the things it says, Mr. Speaker, 706 17 February 2017 Official Hansard Report
Bermuda House of Assembly and I quote: “This treaty is not intended to provide to private persons a means of evidence gathering, nor is it intended to extend generally to civil matters.” End quote. But there is a civil matter filed in the name of the people of Bermuda, and the Attorney General says it is no violation of treaty. When asked if he was contacted, the Attorney General demurred. However, it says clearly in the Treaty (if I may read again, Mr. Speaker) “In each state, the Central Authority is to be the Attorney General or a person designated by the Attorney General.” The Attorney General is the one who gets contacted. The Attorney General is the one who knows, but he will not answer a very simple que stion, whether or not he was contacted. So we are just going to stop asking the question, Mr. Speaker, be-cause it will be a matter of public record as we have made it. He was contacted. That is a fact, Mr. Speak-er. The Treaty goes on to say, Mr. Speaker, and I think this is interesting, it says, “for example, a request may be denied if it relates to a political or a military offense . . .” It seems that this item is political. It is no surprise that Lahey Clinic, a world renown institution of medicine say s that they do not want to comment on things which seem to deal with politics in another country. I can go on, Mr. Speaker, because it says, and I quote again from the Treaty, “Information or ev idence provided under the Treaty may not be used or disclosed for any purpose other than for the proceedings stated in the request without the consent of the Central Authority of the Requested Party.” Very si mple, Mr. Speaker. If information which was included in the civil suit was obtained via this Treaty and the Government of Bermuda did not get permission from the United States Government first, they are in violation. And it is clear that they did not get the permission beforehand. And why, Mr. Speaker? Because the US Government found out about this suit the exact same way that all of us did —they read it online. That is how we treat our Treaty partners, Mr. Speaker. That is the standard of Governance we have in the One Bermuda Alliance. And I am happy that the Honourable Premier has come back into the Chamber, because hopefully he will respond to how it is that he continues to keep an Attorney General in his Cabinet that will file a suit without the knowledge and authorisation of that very Cabinet, Mr. Speaker. Mr. Speaker, the arrogance of the Attorney General i s on full display when he said that he does not have any obligation to inform the Department of Justice. Think about that for a second, Mr. Speaker. Our number one trading partner, the place where most of our tourists come from, a country with which we have had a long relationship in history, this is how we treat our friends. That is how the One Bermuda Alliance treats their friends. You should not read about this in the newspaper, Mr. Speaker. It should be the basic decency that you should inform them. And one may assume that the reason why he did not inform them is that they probably would have advised him not to proceed on the action of which he was taking. But we will never know because he did not do that. Now, Mr. Speaker, there was an article in the Boston Globe that was speaking about what could the Government’s strategy possibly be in this type of civil suit. And if I may quote from this article, 1“Lawyers for the government will also have to delve into patients’ medical records to prove they were given MRIs and CT scans that were unnecessary.” End quote. The Attorney General said he did an invest igation and that is the reason why he filed these things. So, does the Attorney General have the power to look into people’s medical records? Where is that information coming from, Mr. Speaker? How could it possibly be collusion between an Attorney General of Cabinet and the police investigative authority that should not be taking place, Mr. Speaker? This is ser ious. The Attorney General said that he had an investigation. I would like for the Premier to tell me, or the people of this country, or you, Mr. Speaker, how would the Attorney General have access to that infor-mation? How would he have access to people’s pr ivate medical records? How would he have access to information that is gotten by law enforcement authority which has not been disclosed publicly or to anyone else? How would he have that information, Mr. Speaker? And, if he is not getting information from the police, either overseas, the United States Department of Justice, or here locally, the Bermuda Police Ser-vice, then where are they getting this information referenced in the lawsuit? Where is it coming from? It has to come from somewhere, unless the Attorney General just made it up. Where is it coming from? This is very serious business, Mr. Speaker. Very ser ious business. Now, as Members on this side have said, this is not about Dr. Brown; this is not about Bermuda Healthcare Services, or Brown- Darrell. Right now what this is about is the relationship that we have with our number one trading partner, a Treaty that we have that is there to protect our interests, to help us detect and investigate and bring people to justice that may have been put at risk by the overzealous actions of an Attorney General that seems to be out of control and a Premier that does not seem to have the wherewithal to control him, Mr. Speaker. That is what we are di scussing. This is not about allegations of corruption, because if we want to follow our process then the po lice and, as the Attorney General said, the DPP, will bring
1Boston Globe 16 February 2017
Bermuda House of Assembly the charges if there are charges to be brought. That process is ongoing. But what we have here right now, Mr. Speaker, is questions related to the Attorney General and his actions. So, again, I have to ask, How does someone who shares confidential information in violation of a treaty continue to sit in Cabinet? How does someone who will not answer a simple yes or no question when posed under the scr utiny of Parliament whether or not he has been con-tacted by members of the Department of Justice con-tinue to represent the Honourable Premier and the Government and all the Ministers who are collectively responsible? How does someone who commences an action without the approval of his Cabinet colleagues continue to sit in that very Cabinet? How is that poss ible, Mr. Speaker? And the only reason why, Mr. Speaker, has to be that the Honourable Premier sup-ports his actions. And, as I have said here before, Mr. Speaker, many times, it is the Honourable Premier once again standing by his man.
The SpeakerThe SpeakerYou have two minutes. Hon. E. David Burt: But, Mr. Speaker, the Honour able Attorney General’s actions have harmed Berm uda’s interests. His actions, taken on behalf of this Government and the people of Bermuda, have com-promised our Treaty relationship with our number -one trading partner. That, Mr. Speaker, is …
You have two minutes.
Hon. E. David Burt: But, Mr. Speaker, the Honour able Attorney General’s actions have harmed Berm uda’s interests. His actions, taken on behalf of this Government and the people of Bermuda, have com-promised our Treaty relationship with our number -one trading partner. That, Mr. Speaker, is not just a stat ement; that, Mr. Speaker, is fact. And the fact that he continues to sit in Cabinet today and that he is able to continue to deflect from answering questions and s erious questions that are posed to him show why Ber-muda . . . Mr. Speaker, they are laughing. The Premier, the Minister and the Attorney General are laughing, Mr. Speaker. This is no laugh-ing matter, Mr. Speaker. Treaties that take time to ne-gotiate should not be flagrantly violated, Mr. Speaker. It is no laughing matter. And the laughter shows pr ecisely why Bermudians are losing trust in the OBA and continue to lose trust in a Premier who says that he stands up for Bermudians, but time after time, after time again, seems to be unable to control rogue members of his Cabinet. Thank you, Mr. Speaker.
ANNOUNCEMENT BY THE SPEAKER
HOUSE VISITOR
The SpeakerThe SpeakerThank you, Honourable Member. Premier, just before you start, I just want to recognise Senator Renee Ming who is in the Gallery. [Motion on adjournment debate continuing]
The SpeakerThe SpeakerPremier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, let me start by saying just because you have alternative truths and misinformation and speculation, it does not mean that it is actually correct. T. N. TATEM SCHOOL Hon. Michael H. Dunkley: Before I get into that, let me …
Premier.
Hon. Michael H. Dunkley: Thank you, Mr. Speaker. Mr. Speaker, let me start by saying just because you have alternative truths and misinformation and speculation, it does not mean that it is actually correct.
T. N. TATEM SCHOOL
Hon. Michael H. Dunkley: Before I get into that, let me deal with another matter which was raised on the floor of this Honourable Chamber earlier today, and that is the questions that were put to the Honourable Minister of Education, my colleague, the hard, good working Minister, in regard to comments that I made a couple of weeks ago when I was interviewed by a l ocal m edia about T. N. Tatem. Mr. Speaker, this is a nother one of those incidents where the Opposition spin smoke and mirrors, and provides ample quant ities of misinformation. I was clearly asked at the local media station when I went up there one night, at the end of the in-terview I was asked about what took place recently at T. N. Tatem. My comments were specific in regard to the fact that . . . Mr. Speaker, I think if you reflect back, earlier in the week (I think it was Monday) the teachers decided that the y did not want to work in the facility because they were worried about the cond itions in the facility. And that is all fine. The Minister of Education had been working closely with the depar tment for some time to ensure that the condition of the building and the working conditions were appropriate. My comments simply revolved around the fact that on Friday, if individuals were concerned about the cond itions —any conditions in the facility —they could have made the decision then that it would be inappropriate at that time, rather than letting everyone involved in education, especially our children, come to school that day and have to inconvenience parents by making other plans for them during the day. So, Mr. Speaker, it shows clearly that the O pposition will try to spin things and distort the truth. And I just wanted to set the record straight once again on that, that those comments were not dealing with the educational process of the school, the quality of edu-cation, the teachers, the children, they were deal ing with the fact that if you are not happy about the condi-tions of the place and have been talking about it for some time, let’s get some notice so we will not inconvenience the children that we all dearly love and the education process. Let’s make sure that we can make arrangements to remove them from that environment in an appropriate way.
ATTORNEY GENERAL’S CIVIL ACTION AGAINST LAHEY CLINIC
Hon. Michael H. Dunkley: Now, Mr. Speaker, let me deal with the business of the day which the Opposition has spun a quite interesting yarn about throughout this afternoon. And let me start out by saying that this 708 17 February 2017 Official Hansard Report
Bermuda House of Assembly Government has worked assiduously to protect the reputation of Bermuda. From day one we have worked night and day to protect our reputation, whether it is to the east or the west, or anywhere else. We have been there to make sure we promote Ber-muda, deal with challenges that come up, and answer questions. All colleagues on the front bench and the back bench have done what is required to do that, and I believe because of that Bermuda has managed to weather some choppy waters, Mr. Speaker. So I find it quite alarming that the Opposition would come here this afternoon and try to spread mi sinformation and speculation. And if you listen very carefully to what was said, they couched it not in so much of an affirmative position, but perhaps this will take place; if this takes place. Mr. Speaker, I think that by the actions of the Opposition today they have hurt Bermuda, as they called into question what has been done without any facts to it. Quite clearly, this Government continues to have a strong relationship with our closest and our best trading partner, the United States of America. And, yes, Mr. Speaker, Cabinet has been aware of this matter for some time. Mr. Speaker, in addition, we have continued to talk with our party. And as recently as this morning I talked to the Acting US Consul General to make sure that everything was in order as far as our relationship with the United States of America. So, Mr. Speaker, I stand very concerned that the Opposition would try to distort things. But you know what, Mr. Speaker? If you reflect back on the four years of the Opposition being on the other side, it has been one issue after another that they brought up as the spin of the day, or the week, or the month, and gradually it has been dealt with. I will just take a couple of examples, Mr. Speaker. I refer back to the Bermuda Tourism Author ity. When t he Tourism Authority was created there was misinformation galore out there. One Honourable Member from that side said the chairman was getting paid $400, $600, no, it could be a million dollars, we don’t know.
[Inaudible interjection]
Hon. Michael H. Dun kley: And the Honourable Member says that’s right. But he was wrong. We corrected him over and over again, he was wrong. But they spread misinformation and the Honourable Members on that side had to believe that it would undermine the work of the BTA. They had to believe that. But that just goes to show that they are going to put themselves in front of the progress of Bermuda. But what happened, Mr. Speaker? The BTA stood strong. And the Honourable Leader of the O pposition laughs. He laughs. He says yes he is laug h-ing. And now we see the result. They did not get dismayed, even though they were upset by many of the comments that emanate from politicians. They were critically talked about over and over again, but they stuck to the wicket. And the runs have come, Mr. Speaker. Then they skipped on to other issues. They skipped on to the airport and spread misinformation. I hear the Honourable Leader of the Opposition talk about now it’s over $2 billion that is going to be given away, Mr. Speaker. Now, Mr. Speak er—
Hon. E. David Burt: Point of order, Mr. Speaker. Hon. Michael H. Dunkley: Not a point of order.
Hon. E. David Burt: If I may.
The SpeakerThe SpeakerYes? POINT OF ORDER [Misleading] Hon. E. David Burt: The Honourable Premier is mi sleading what I said. I said precisely $2.4 billion in re venue. Hon. Michael H. Dunkley: Mr. Speaker, that is a nother example of Burt -Math. We dealt with that in the debate last week, and …
Yes?
POINT OF ORDER [Misleading]
Hon. E. David Burt: The Honourable Premier is mi sleading what I said. I said precisely $2.4 billion in re venue.
Hon. Michael H. Dunkley: Mr. Speaker, that is a nother example of Burt -Math. We dealt with that in the debate last week, and Burt -Math continues. It is not a material qualification in any way, Mr. Speaker, but more misinformation. So we deal with that. But, Mr. Speaker, I find it interesting when we talk today, and the Opposition wants to talk about an international matter. And yet, when the Uighurs came to Bermuda under the cloak of darkness — [Inaudible interjections]
The SpeakerThe SpeakerI need to remind the Members who sit in the audience, that when you sit in the audience you just sit there. You make no gestures whatever, if you care to remain in the audience. Carry on please, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. So they came …
I need to remind the Members who sit in the audience, that when you sit in the audience you just sit there. You make no gestures whatever, if you care to remain in the audience. Carry on please, Premier. Hon. Michael H. Dunkley: Thank you, Mr. Speaker. So they came in under the cloak of darkness and the Cabinet at that time I believe the former Depu ty Premier said that the Honourable Member was not even aware of it. So I assume none of the Cabinet was aware. So now all of a sudden they want to question whether this Cabinet knows what is going on. Of course we do, Mr. Speak er. And then they want to say it is not about the Uighurs because they are people just like us . But, Mr. Speaker, they are chained to the rock. They cannot go anywhere. And their numbers are growing. So what do we do with them? It is a burden we put on people because we violated relationships that we had, Mr. Speaker. We did.
Bermuda House of Assembly They have gone silent on that. They have gone silent on that. The UK Government did not know about it. The United Kingdom Government did not know about it. The former Governor at that time was incensed. He did not know about it. So, Mr. Speaker, now all of a sudden they are trying to mould the pot that cannot even get out of the oven. It is cracked; it is flawed; it’s mendacity, Mr. Speaker.
Some Hon. Members Some Hon. MembersOoh. Hon. Michael H. Dunkley: Mr. Speaker, they talk about debt with what we have done here, maybe it is going to have an impact on our debt. Mr. Speaker, I almost fell out of my chair in the back when I heard that one. For an Opposition who never …
Ooh. Hon. Michael H. Dunkley: Mr. Speaker, they talk about debt with what we have done here, maybe it is going to have an impact on our debt. Mr. Speaker, I almost fell out of my chair in the back when I heard that one. For an Opposition who never talked about debt when they were the Government to now bring debt into the question, when this man who sits to my left, this Honourable Member has worked so hard to put our books back in order, Mr. Speaker? Come on. That is a shallow argument. Do you know, with all the time they had to prepare for the House today they could have come up with a better one than that. Mr. Speaker, they talk about this like we are going to ruin our international reputation. But what about the payment, Mr. Speaker, of $4 million to a police officer because he had to work in conditions that were under their authority at that time, because of mould? Gone quiet. You hear nothing. Four million dollars, Mr. Speaker, was paid out. And because of the good work by people in that case, that amount was pushed back. Mr. Speaker, how convenient to forget. How convenient to forget. But it is important to remember, Mr. Speaker, . . . my honourable colleague talked about the former Auditor General who was pushed around like a puppy in a box and told what to do. So, Mr. Speaker, I am quite concerned to hear the language coming from the other side. And one thing that I wish to clear up, Mr. Speaker . . . the Honourable Member from constituen-cy 5 made reference to myself visiting a place of correction here in Bermuda, and had a conversation with an inmate at that time and alluded to me asking that inmate to implicate Members, which he listed. Mr. Speaker, that is a boldfaced untruth. And I will get the Hansard, and I will ask for an apology on the floor of this House next week. It never happened. But that, Mr. Speaker, is the epitome of the level they will stoop to try to gain a political advantage and put the people of Bermuda at jeopardy because of that kind of comment. Come on, Mr. Speaker, we are better than that. Research your facts, because any credibility you have is gone. Gone, Mr. Speaker. There is another Member over there who ev ery week wants to talk about the weakness of the Premier and the lack of trust in the Premier. Mr. Speaker, it goes in one side . . . I listen to it, and I spit it out the other side. Why, Mr. Speaker? Because do I expect anyone on that side to give credit to us for something we are doing? Never at all. But I ask that Honourable Member, what type of leadership is he providing? He mentioned cricket. Just reflect back on the leadership he provided in cricket, Mr. Speaker. What comes around goes around, Mr. Speaker. And I am aggravated by this debate here t oday because we . . . and the Honourable Leader of the Opposition says it is a sad day. It is, because of the prevarication that emanates from that side of the room like a fan on full speed, Mr. Speaker. It is ridic ulous. And the truth hurts. That is why there is murmuring on that side. The truth hurts. But the people of Bermuda can be assured that this Government will not wither or wane by prevarication or misinformation from the Opposition, because we know that is all it is, Mr. Speaker. We will stand and protect Bermudians and our reputation at every step. And we have to be guarded in what we say about this action because the Opposition wants us to pervert the course of any ac-tion in public. That is what their goal is. They dance all around the bush about this stuff. And, yes, Mr. Speaker, let it be clear. This Gov-ernment cares about patient rights, patient confident iality and patient treatment. Mr. Speaker, I have family members who use Lahey Clinic. So do not give me any claptrap about we want to put in jeopardy an ybody’s health. No, Mr. Speaker; do not even try that. That is shallow and that is low. And those Honourable Members over there are big enough, smart enough, to come with a better argument than that. So when we come back next week, have a better argument, Mr. Speaker. That is low. That a ppeals to people who are down and out, and it is wrong. People who are getting treatment at that inst itution now will get the same quality treatment they expected last week. This is a matter that has to be dealt with in the court, not in an operating room or a doctor’s office, Mr. Speaker. They are professionals. They will do their job. Now, Mr. Speaker, I have spoken with some passion on this issue tonight because of the hollow rhetoric I have heard come from that side. We will continue to move forward and take care of the interests of all of the people of Bermuda, in spite of Members on that side who want to try to distort and weave in mistruths and misinformation. We are strong enough to get through it, Mr. Speaker. And we will answer all the questions as required at the appropr iate time. I have confidence in my colleagues as we move forward. But, Mr. Speaker, as we have said in this Honourable Chamber and in other places many times before, we have a big job to do. No decisions are easy. And everything we do is going to be looked at in a very critical light. But we have got broad shou l710 17 February 2017 Official Hansard Report
Bermuda House of Assembly ders. Yes, from time to time we do some things that could have been done in a better way. But we wake up the next day and we strive to move the people of Bermuda forward. And we care as deeply about ev eryone in Bermuda as the Opposition say they do, Mr. Speaker. And I challenge anybody to distort or di sprove that.
[Inaudible interjection]
Hon. Michael H. Dunkley: So, Mr. Speaker, we will protect . . . the Honourable Members want to catcall over there. That is cheap stuff. That is cheap stuff. Mr. Speaker, if the shoe fits they are going to wear it. But here we are today. This Government will protect our reputation and we will protect Bermudians as we move forward. And let us deal with facts, not alternative truths or nonsense, Mr. Speaker. And with that, I wish you and colleagues a safe weekend. I look forward to being back here next week. Thank you, Mr. Speaker.
The SpeakerThe SpeakerAll right, thank you, Honourable Premier. The House is now adjourned to Friday, February 24 th. [Gavel] [At 6:01 pm the House stood adjourned until 10:00 am, Friday, 24 February 2017.]